§1781a — Title 43 Public Lands | U.S. Code

Summary

Starting in fiscal year 2012, the Secretary of the Interior must take donated, valid grazing permits or leases for public lands in the California Desert Conservation Area. For each donation, the Secretary must cancel the permit and stop grazing on that land permanently (unless paragraph 2 applies) and set the land’s forage aside for wildlife mitigation under any applicable Habitat Conservation Plan, a section 10(a)(1)(B) permit, or a section 7 consultation under the Endangered Species Act. If the same land also has another valid permit or lease that was not donated, the Secretary must cut the allowed grazing to reflect the donation and must not let grazing go above the level in the remaining permit.

Title 43, §1781a

Public Lands — Source: USLM XML via OLRC

(1)During fiscal year 2012 and thereafter, the Secretary of the Interior shall accept the donation of any valid existing permits or leases authorizing grazing on public lands within the California Desert Conservation Area. With respect to each permit or lease donated under this paragraph, the Secretary shall terminate the grazing permit or lease, ensure a permanent end (except as provided in paragraph (2)), to grazing on the land covered by the permit or lease, and make the land available for mitigation by allocating the forage to wildlife use consistent with any applicable Habitat Conservation Plan, section 10(a)(1)(B) permit, or section 7 consultation under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(2)If the land covered by a permit or lease donated under paragraph (1) is also covered by another valid existing permit or lease that is not donated under such paragraph, the Secretary of the Interior shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under paragraph (1). To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease donated under paragraph (1), the Secretary shall not allow grazing use to exceed the authorized level under the remaining valid existing permit or lease that is not donated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in par. (1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. section 10(a)(1)(B) and 7 of the Act are classified to section 1539(a)(1)(B) and 1536, respectively, of Title 16. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of Title 16 and Tables. Codification Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

§1781a Acceptance of Donation of Certain Existing Permits or Leases