2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter XLIX - GRAND TETON NATIONAL PARK (§§ 406 - 406d-5)
Section 406d-2 - Rights-of-way; continuation of leases, permits, and licenses; renewal; grazing privileges
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK Sec. 406d-2 - Rights-of-way; continuation of leases, permits, and licenses; renewal; grazing privileges |
Contains | section 406d-2 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Sept. 14, 1950, ch. 950, §4, 64 Stat. 850. |
Statutes at Large References | 45 Stat. 1314 64 Stat. 850 111 Stat. 1537 |
Public Law Reference | Public Law 105-81 |
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With respect to those lands that are included by this subchapter and sections 431a, 451a, 482m, 673b, and 673c of this title within the Grand Teton National Park—
(a) the Secretary of the Interior shall designate and open rights-of-way, including stock driveways, over and across Federal lands within the exterior boundary of the park for the movement of persons and property to or from State and private lands within the exterior boundary of the park and to or from national forest, State, and private lands adjacent to the park. The location and use of such rights-of-way shall be subject to such regulations as may be prescribed by the Secretary of the Interior;
(b) all leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States with respect to the Federal lands within the exterior boundary of the park which are in effect on September 14, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof;
(c) where any Federal lands included within the park by this subchapter and sections 431a, 451a, 482m, 673b, and 673c of this title were legally occupied or utilized on September 14, 1950 for residence or grazing purposes, or for other purposes not inconsistent with sections 1, 2, 3, and 4 of this title, pursuant to a lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the person so occupying or utilizing such lands, and the heirs, successors, or assigns of such person, shall, upon the termination of such lease, permit, or license, be entitled to have the privileges so possessed or enjoyed by him renewed from time to time, subject to such terms and conditions as the Secretary of the Interior shall prescribe, for a period of twenty-five years from September 14, 1950 and thereafter during the lifetime of such person and the lifetime of his heirs, successors, or assigns but only if they were members of his immediate family on such date, as determined by the Secretary of the Interior: Provided, That grazing privileges appurtenant to privately owned lands located within the Grand Teton National Park established by this subchapter and said sections shall not be withdrawn until title to lands to which such privileges are appurtenant shall have vested in the United States, except for failure to comply with the regulations applicable thereto after reasonable notice of default: Provided further, That nothing in this subsection shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely temporary purposes. Nothing contained in this subchapter and said sections shall be construed as creating any vested right, title, interest, or estate in or to any Federal lands.
(Sept. 14, 1950, ch. 950, §4, 64 Stat. 850.)
Repeal of Inconsistent LawsRepeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d–1 of this title.
Grazing Study of Grand Teton National ParkPub. L. 105–81, Nov. 13, 1997, 111 Stat. 1537, provided that:
“SECTION 1. FINDINGS.“Congress finds that—
“(1) open space near Grand Teton National Park continues to decline;
“(2) as the population continues to grow in Teton County, Wyoming, undeveloped land near the Park becomes more scarce;
“(3) the loss of open space around Teton Park has negative impacts on wildlife migration routes in the area and on visitors to the Park, and its repercussions can be felt throughout the entire region;
“(4) a few ranches make up Teton Valley's remaining open space, and the ranches depend on grazing in Grand Teton National Park for summer range to maintain operations;
“(5) the Act that created Grand Teton National Park [act Feb. 26, 1929, ch. 331, 45 Stat. 1314, 16 U.S.C. former 406 to 406d] allowed several permittees to continue livestock grazing in the Park for the life of a designated heir in the family;
“(6) some of the last remaining heirs have died, and as a result the open space around the Park will most likely be subdivided and developed;
“(7) in order to develop the best solution to protect open space immediately adjacent to Grand Teton National Park, the Park Service should conduct a study of open space in the region; and
“(8) the study should develop workable solutions that are fiscally responsible and acceptable to the National Park Service, the public, local government, and landowners in the area.
“SEC. 2. STUDY OF GRAZING USE AND OPEN SPACE.“(a)
“(1) base land having appurtenant grazing privileges within Grand Teton National Park, Wyoming, remaining after January 1, 1990, under the Act entitled ‘An Act to establish a new Grand Teton National Park in the State of Wyoming, and for other purposes’, approved September 14, 1950 (16 U.S.C. 406d–1 et seq.); and
“(2) any ranch and agricultural land adjacent to the Park, the use and disposition of which may affect accomplishment of the purposes of the Act.
“(b)
“(1) assess the significance of the ranching use and pastoral character of the land (including open vistas, wildlife habitat, and other public benefits);
“(2) assess the significance of that use and character to the purposes for which the Park was established and identify any need for preservation of, and practicable means of, preserving the land that is necessary to protect that use and character;
“(3) recommend a variety of economically feasible and viable tools and techniques to retain the pastoral qualities of the land; and
“(4) estimate the costs of implementing any recommendations made for the preservation of the land.
“(c)
“(d)
“(a)
“(b)
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