157 



specified by the Secretary concerned, and (3* the 

 permittee or lessee accepts the terms and condi- 

 tions to be included by the Secretary concerned in 

 the new permit or lease, the holder of the expiring 

 permit or lease shall be given first priority for 

 receipt of the new permit or lease. 



<d) All permits and leases for domestic livestock 

 grazing issued pursuant to this section, with the 

 exceptions authorized in subsection <e) of this 

 section, on and after October 1. 1988. may incor- 

 porate an allotment management plan developed 

 by the Secretary concerned in consultation with the 

 lessees or permittees involved. Prior to that date, 

 allotment management plans shall be incorporated 

 in grazing permits and leases when they are com- 

 pleted. The Secretary concerned may revise such 

 plans from time to time after such consultation. 



<e) Prior to October 1. 1988. or thereafter, in all 

 cases where the Secretary concerned has not com- 

 pleted an allotment management plan or deter- 

 mines that an allotment management plan is not 

 necessary for management of livestock operations 

 and will not be prepared, the Secretary concerned 

 shall incorporate in grazing permits and leases such 

 terms and conditions as he deems appropriate for 

 management of the permitted or leased lands pur- 

 suant to applicable law. The Secretary concerned 

 shall also specify therein the numbers of animals 

 to be grazed and the seasons of use and that he 

 may reexamine the condition of the range at any 

 time and, if he finds on reexamination that the 

 condition of the range requires adjustment in the 

 amount or other aspect of grazing use, that the 

 permittee or lessee shall adjust his use to the extent 

 the Secretary concerned deems necessary. Such 

 readjustment shall be put into full force and effect 

 on the date specified by the Secretary concerned. 



Cf ) Allotment management plans shall not refer 

 to livestock operations or range improvements on 

 non-Federal lands except where the non-Federal 

 lands are intermingled with, or. with the consent 

 of the permittee or lessee involved, associated with, 

 the Federal lands subject to the plan. The Secre- 

 tary concerned under appropriate regulations shall 

 grant to lessees and permittees the right of appeal 

 from decisions which specify the terms and con- 

 ditions of allotment management plans. The pre- 

 ceding sentence of this subsection shall not be con- 

 strued as limiting any other right of appeal from 

 decisions of such officials. 



(gi Whenever a permit or lease for grazing 

 domestic livestock is canceled in whole or in part, 

 in order to devote the lands covered by the permit 

 or lease to another public purpose, including dis- 

 posal, the permittee or lessee shall receive from the 

 United States a reasonable compensation for the 

 adjusted value, to be determined by the Secre- 

 tary concerned, of his interest in authorized per- 

 manent improvements placed or constructed by the 

 permittee or lessee on lands covered by such permit 

 or lease, but not to exceed the fair market value 

 of the terminated portion of the permittee's or 

 lessee's interest therein. Except in cases of emer- 

 gency, no permit or lease shall be canceled under 



this section without two years' prior notifica- 

 tion. 



(h) Nothing in this Act shall be construed as 

 modifying in any way law existing on the date of 

 approval of this Act with respect to the creation 

 of right, title, interest or estate in or to public 

 lands or lands in National Forests by issuance of 

 grazing permits and leases. 



GRAZING ADVISORY BOARDS 



Sec 403. (a) For each Bureau district office and 

 National Forest headquarters office in the eleven 

 contiguous Western States having jurisdiction over 

 more than five hundred thousand acres of lands 

 subject to commercial livestock grazing (herein- 

 after in this section referred to as "office") . the 

 Secretary and the Secretary of Agriculture, upon 

 the petition of a simple majority of the livestock 

 lessees and permittees under the jurisdiction of 

 such office, shall establish and maintain at least 

 one grazing advisory board of not more than fifteen 

 advisers. 



ibt The function of grazing advisory boards es- 

 tablished pursuant to this section shall be to offer 

 advice and make recommendations to the head of 

 the office involved concerning the development of 

 allotment management plans and the utilization 

 of range-betterment funds. 



(c) The number of advisers on each board and 

 -the number of years an adviser may serve shall be 



determined by the Secretary concerned in his dis- 

 cretion. Each board shall consist of livestock rep- 

 resentatives who shall be lessees or permittees in 

 the area administered by the office concerned and 

 shall be chosen by the lessees and permittees in the 

 area through an election prescribed by the Secre- 

 tary concerned. 



(d) Each grazing advisory board shall meet at 

 least once annually. 



(e) Except as may be otherwise provided by this 

 section, the provisions of the Federal Advisory 

 Committee Act (86 Stat. 770; 5 U.S.C. App. 1 > shall 

 apply to grazing advisory boards. 



<f) The provisions of this section shall expire 

 December 31, 1985. 



MANAGEMENT OF CERTAIN HORSES AND BURROS 



Sec. 404. Sections 9 and 10 of the Act of Decem- 

 ber 15, 1971 (85 Stat. 649. 651; 16 U.S.C. 1331. 1339- 

 1340> are renumbered as sections 10 and 11, respec- 

 tively, and the following new section is inserted 

 after section 8 : 



"Sec. 9. In administering this Act, the Secretary 

 may use or contract for the use of helicopters or, for 

 the purpose of transporting captured animals, mo- 

 tor vehicles. Such use shall be undertaken only aft- 

 er a public hearing and under the direct supervision 

 of the Secretary or of a duly authorized official or 

 employee of the Department. The provisions of 

 .subsection (a) of the Act of September 8, 1959 (73 

 Stat. 470; 18 U.S.C. 47'a) ) shall not be applicable 

 to such use. Such use shall be in accordance with 

 humane procedures prescribed by the Secretary.". 



