Page:United States Statutes at Large Volume 92 Part 2.djvu/527

 PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1807

(JRAZING LEASES AND PERMITS

SEC. 7. (a) Section 402(b)(3) of the Federal Land Policy and Management Act (43 U.S.C. 1752) is amended by striking- the period at the end of the proviso and adding ": Provided further, That the absence of completed land use plans or court ordered environmental statements shall not be the sole basis for establishing a term shorter than ten years unless the Secretary determines on a case-by-case basis that the information to be contained in such land use plan or court ordered environmental impact statement is necessary to determine whether a shorter term should be established for any of the reasons set forth in items (1) through (3) of this subsection.". (b) Section 402(a) of the Federal Land Policy and Management Act is hereby amended by substituting the word "sixteen" for the word "eleven" before the words "contiguous Western States". ALLOTMENT MANAGEMENT

PLANS

SEC. 8. Sections 402(d) and (e) (43 U.S.C. 1752 (d) and (e)) are hereby amended— (a) by changing subsection (d) to read as follows: "(d) All permits and leases for domestic livestock grazing issued pursuant to this section may incorporate an allotment management plan developed by the Secretary concerned. However, nothing in this subsection shall be construed to supersede any requirement for completion of court ordered environmental impact statements prior to development and incorporation of allotment management plans. If Consultation the Secretary concerned elects to develop an allotment management and plan for a given area, he shall do so in careful and considered consul- cooperation. tation, cooperation and coordination with the lessees, permittees, and landowners involved, the district grazing advisory boards established pursuant to section 403 of the Federal Land Policy and Management Act (43 U.S.C. 1753), and any State or States having lands within the area to be covered by such allotment inanagement plan. Allotment management plans shall be tailored to the specific range condition of the area to be covered by such plan, and shall be reviewed on a periodic basis to determine whether they have been effective in improving the range condition of the lands involved or whether such lands can be better managed under the provisions of subsection (e) of this section. The Secretary concerned may revise or terminate such plans or develop new plans from time to time after such review and careful and considered consultation, cooperation and coordination with the parties involved. As used in this subsection, the terms 'court ordered Definitions environmental impact statement' and 'range condition' shall be defined ns in the 'Public Rangelands Improvement Act of 1978.' ". Ante, p. 1803. (b) by deleting in subsection (e) the words "Prior to October 1, 1988. or thereafter, in" and by inserting "In". APPROPRIATIONS

SEC. 9. Notwithstanding any other provision of this Act, authority 43 USC 1906. to enter into cooperative agreements and to make payments under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriation Acts.

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