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Table I

Comparison of Livestock Grazing Provisions for Selected National Park System Units

Unit Name

Unit Type

State Date of Enactment Citation Summary of Grazing Provision
           
Mesa Verde Park CO Jun. 25, 1910 16 U.S.C. s 115. • Grazing may be permitted, but not in prehistoric ruins or if it excludes the public from free or convenient access thereto.
           
Lassen Volcanic* Park CA Aug. 9, 1916 16 U.S.C. s 202. • Prescribes regulations for the “reasonable” grazing of livestock.
           
Grand Canyon (I) Park AZ Mar. 7, 1928 16 U.S.C. s 221e. • 48.79 acres added to park on which livestock permitted on adjacent national forest allowed to drift across and graze.
           
Sequoia* Park CA Jul. 3, 1926 16 U.S.C. s 45c. • Secretary may allow grazing if not detrimental to the park's primary purpose.
           
Coronado Memorial AZ Aug. 18, 1941 16 U.S.C. ss

450y-2, 6.

• Grazing may continue when not interfering with recreational development.

• Fences prohibited except (a) along international boundary, (b) beside memorial roads or approach roads, and (c) around memorial areas within which improvements have been located by NPS.

• Any roads constructed must have cattle underpasses.

• Water rights for livestock remain with permittee.

           
Grand Teton Park WY Sep. 14, 1950 16 U.S.C s 406d-2. • Grazing grandfathered with 25-year permits for the lifetime of the permittee and any heirs, if heirs were members of the permittee's immediate family on date of enactment.

• Permanent stock driveways required across park lands.

           
Dinosaur Monument UT/CO Sep. 8, 1960 P.L. 86-729. • Grazing grandfathered with 25-year permits for the lifetime of the permittee and any heirs, if heirs were members of the permittee's immediate family on date of enactment.
           
Canyonlands* (I) Park UT Sep. 12, 1964 P.L. 88-590. • Grazing allowed to continue during term of lease and one additional term.
           
Canyonlands* (II) Park UT Nov. 12, 1971 P.L. 92-154;

16 U.S.C. s 271b.

• Allows renewal of grazing for one additional term if existing on date of enactment.

• Allows for permanent livestock trails, watering rights, and driveway.

Unit Name

Unit Type

State Date of Enactment Citation Summary of Grazing Provision
           
Arches Park UT Nov. 12, 1971 16 U.S.C. ss

272b-c.

• Allows for renewal of existing grazing permits for one additional term.

• Allows for permanent livestock trails, watering rights, and driveway designation by “reasonable” regulation.

           
Capitol Reef (I) Park UT Dec. 18, 1971 16 U.S.C. ss

273b-c.

• Grazing allowed to continue during term of lease and one additional term.

• Trailing and watering required with “reasonable” regulation.

Glen Canyon Recreation Area AZ/UT Oct. 27, 1972 16 U.S.C. s

460dd-5.

• Grazing grandfathered, with permits managed by BLM under BLM rules and Park Service conservation guidelines.
           
Grand Canyon (II) Park AZ Jan. 3, 1975 16 U.S.C. s 228f. • Grazing on additional lands allowed to continue during term of lease and one additional term.

• Permittees within old national monument boundary granted lifetime grazing privilege.

           
Capitol Reef (II) Park UT Oct. 15, 1982 P.L. 97-341. • Requires National Academy of Sciences study to: (1) determine the historic and current impact of grazing upon the natural ecosystem and cultural resources of the park; (2) determine the current impact of grazing upon visitor use within the park; (3) evaluate alternatives to grazing within park on adjacent Bureau of Land Management lands; (4) determine the economic impact on grazing permit holders, and on the local economy, if such permits were terminated; and (5) include such other information and findings as may be deemed necessary by the Secretary of the Interior.
           
Black Canyon of the Gunnison (I) Monument UT/CO Jul. 13, 1984 P.L. 98-357. • Allows permanent livestock grazing on lands acquired with less than fee interest, if not detrimental to visual resources of the monument.

• Construction of fences and stock ponds permitted.

           
Great Basin (I) Park NV Oct. 27, 1986 16 U.S.C. s 410mm-1(e). • Grazing permanently grandfathered, subject to any regulations the Secretary may prescribe.
           
El Malpais Monument NM Dec. 31, 1987 16 U.S.C. s

460uu-3.

• Grazing allowed for 10 years, then terminated.
Unit Name

Unit Type

State Date of Enactment Citation Summary of Grazing Provision
           
Capitol Reef (III) Park UT Sep. 27, 1988 P.L. 100-446;

16 U.S.C.A. s

2736 nt.

• Grazing occurring on December 18, 1971, entitled to continue for lifetime of the permittee or any direct descendants (sons or daughters) born on or before December. 18, 1971.

• No stocking increases or physical improvements allowed.

• No vested rights created in public land or forage.

• 1982 legislation (P.L. 97-341) requiring National Academy of Sciences study repealed.

• Grazing to be managed to encourage the protection of the park's natural and cultural resource values.

           
Death Valley Park CA Oct. 31, 1994 16 U.S.C. s

410aaa-5.

• Grazing grandfathered at current level, subject to applicable law and regulation.

• If the base property attached to a permit becomes available for sale, it shall be prioritized over other park acquisitions, provided agreement on terms of sale can be reached.

           
Mojave Preserve CA Oct. 31, 1994 16 U.S.C. s

410aaa-50.

• Grazing grandfathered at current level, subject to applicable law and regulation.

• If the base property attached to a permit becomes available for sale, it shall be prioritized over other park acquisitions, provided agreement on terms of sale can be reached.

           
Great Basin (II) Park NV Apr. 26, 1996 16 U.S.C. s

410mm-1(f).

• Allows permittee to donate permit to the Secretary who is required to retire it.

• Allows transfer of grazing allotments inside the park for allotments outside the park, if affected agency determines no overgrazing will occur.

           
Black Canyon of the Gunnison (II) Park CO/UT Oct. 21, 1999 P.L. 106-76 s 4e. • Grazing allowed at current level, including in wilderness areas within the park, subject to applicable law and regulation, for the following terms: (1) for the lifetime of the individual permit holder; or (2) for the lifetime of individual permit holder, or dissolution of partnership or corporation, in the case of a commercial permit holder.

• Secretary may accept voluntary retirement of permits for grazing in park.

* Presently no livestock grazing occurs.

Primary source: Kathy M. Davis, “General and Specified Legislative Authorities Pertaining to Domestic and Feral Livestock for Grazing in the National Park Service.” National Park Service, Phoenix, AZ. (unpublished draft, July, 23, 1999).

 

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