156 



states and to the holders of grazing permits and 

 leases on such lands. In making such study, the 

 Secretaries shall take into consideration the costs 

 of production normally associated with domestic 

 livestock grazing in the eleven Western States, 

 differences in forage values, and such other factors 

 as may relate to the reasonableness of such fees. 

 The Secretaries shall report the result of such 

 study to the Congress not later than one year from 

 and after the date of approval of this Act, together 

 with recommendations to implement a reasonable 

 grazing fee schedule based upon such study. If 

 the report required herein has not been submitted 

 to the Congress within one year after the date of 

 approval of htis Act, the grazing fee charge then 

 in effect shall not be altered and shall remain the 

 same until such report has been submitted to the 

 Congress. Neither Secretary shall increase the graz- 

 ing fee in the 1977 grazing year. 



(b)(1) Congress finds that a substantial amount 

 of the Federal range lands is deteriorating in 

 quality, and that installation of additional range 

 improvements could arrest much of the continuing 

 deterioration and could lead to substantial better- 

 ment of forage conditions with resulting benefits 

 to wildlife, watershed protection, and livestock 

 production. Congress therefore directs that 50 per 

 centum of all moneys received by the United States 

 as fees for grazing domestic livestock on public 

 lands 'other than from ceded Indian, lands) under 

 the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 

 315 et seq.) and the Act of August 28, 1937 (50 

 Stat. 874; 43 U.S.C. 1181d), and on lands in 

 National Forests in the eleven contiguous Western 

 States under the provisions of this section shall be 

 credited to a separate account in the Treasury, 

 one-half of which is authorized to be appropriated 

 and made available for use in the district, region, 

 or national forest from which such moneys were 

 derived, as the resr>ective Secretary may direct 

 after consultation with district, regional, or na- 

 tional forest user representatives, for the purpose 

 of on-the-ground range rehabilitation, protection, 

 and improvements on such lands, and the re- 

 maining one-half shall be used for on-the-ground 

 range rehabilitation, protection, and improvements 

 as the Secretary concerned directs. Any funds so 

 appreciated shall be in addition to any other ap- 

 propriations made to the respective Secretary for 

 planning and administration of the range better- 

 ment program and for other range management. 

 Such rehabilitation, protection, and improvements 

 shall include all forms of range land betterment 

 including, but not limited to, seeding and reseed- 

 ing. fence construction, weed control, water devel- 

 opment, and fish and wildlife habitat enhancement 

 as the respective Secretary may direct after con- 

 sultation with user representatives. The annual 

 distribution and use of range betterment funds 

 authorized by this paragraph shall not be con- 

 sidered a major Federal action requiring a detailed 

 statement pursuant to section 4332(c) of title 42 

 of the United States Code. 



(2) The first clause of section 10(b) of the Tay- 



lor Grazing Act (48 Stat. 1269) , as amended by 

 the Act of August 6, 1947 (43 U.S.C. 315i) , is here- 

 by repealed. All distributions of moneys made un- 

 der section 401(b) (1) of this Act shall be in addi- 

 tion to distributions made under section 10 of the 

 Taylor Grazing Act and shall not apply to dis- 

 tribution of moneys made vmder section 11 of that 

 Act. The remaining moneys received by the United 

 States as fees for grazing domestic livestock on 

 the public lands shall be deposited in the Treasury 

 as miscellaneous receipts. 



(3) Section 3 of the Taylor Grazing Act, as 

 amended (43 U.S.C. 315), is further amended by — 



(a) Deleting the last clause of the first sen- 

 tence thereof, which begins with "and in fix- 

 ing." deleting the comma after "time", and add- 

 ing to that first sentence the words "in accord- 

 ance with governing law". 



(b) Deleting the second sentence thereof. 



GRAZING LEASES AND PERMITS 



Sec. 402. (a) Except as provided in subsection 

 (b) of this section, permits and leases for domestic 

 livestock grazing on public lands issued by the 

 Secretary under the Act of June 28, 1934 (48 Stat. 

 1269. as amended; 43 U.S.C. 315 et seq.) or the 

 Act of August 28, 1937 (50 Stat. 874, as amended; 

 43 U.S.C. 1181a-1181j). or by the Secretary of 

 Agriculture, with respect to lands within National 

 Forests in the eleven contiguous Western States, 

 shall be for a term of ten years subject to such 

 terms and conditions the Secretary concerned 

 deems appropirate and consistent with the govern- 

 ing law, including, but not limited to, the author- 

 ity of the Secretary concerned to cancel, suspend, 

 or modify a grazing permit or lease, in whole or in 

 part, pursuant to the terms and conditions there- 

 of, or to cancel or suspend a grazing permit or 

 lease for any violation of a grazing regulation or 

 of any term or condition of such grazing permit or 

 lease. 



(b) Permits or leases may be issued by the Secre- 

 tary concerned for a period shorter than ten years 

 where the Secretary concerned determines that — 



(1) the land is pending disposal: or 



(2) the land will be devoted to a public pur- 

 pose prior to the end of ten years; or 



(3) it will be in the best interest of sound land 

 management to specify a shorter term: Pro- 

 vided, That the absence from an allotment man- 

 agement plan of details the Secretary concerned 

 would like to include but which are undeveloped 

 shall not be the basis for establishing a term 

 shorter than ten years. 



(c) So long as (1> the lands for which the per- 

 mit or lease is issued remain available for domestic 

 livestock grazing in accordance with land use plans 

 prepared pursuant to section 202 of this Act or sec- 

 tion 5 of the Forest and Rangeland Renewable Re- 

 sources Planning Act of 1974 f88 Stat. 477; 16 

 U.S.C. 1601) , (2) the permittee or lessee is in com- 

 pliance with the rules and regulations issued and 

 the terms and conditions in the permit or lease 



