Public Lands Council v. Babbitt, 529 U.S. 728, 2 (2000)

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Cite as: 529 U. S. 728 (2000)

Syllabus

"permitted use," which refers to forage "allocated by, or under the guidance of an applicable land use plan." The new definitions do not exceed the Secretary's authority under § 315b. First, § 315b's words "so far as consistent with the purposes" of the Act and "issuance of a permit" creates no "right, title, interest, or estate" make clear that the ranchers' interest in permit stability is not absolute and that the Secretary is free reasonably to determine just how, and the extent to which, grazing privileges are to be safeguarded. Moreover, since Congress itself has directed development of land use plans, and their use in the allocation process, it is difficult to see how a definitional change that simply refers to using such plans could violate the Taylor Act by itself, without more. Given the broad discretionary powers that the Taylor Act grants the Secretary, the Act must be read as here granting him at least ordinary administrative leeway to assess "safeguard[ing]" in terms of the Act's other purposes and provisions. Second, the pre-1995 AUM system that petitioners seek to "safeguard" did not offer them anything like absolute security, for the Secretary had well-established pre-1995 authority to cancel, modify, or decline to review permits, including the power to do so pursuant to a land use plan. Third, the new definitional regulations by themselves do not automatically bring about a self-executing change that would significantly diminish the security of grazing privileges. The Interior Department represents that the new definitions merely clarify terminology. The new regulations do seem to tie grazing privileges to land use plans more explicitly than did the old. However, all Bureau of Land Management lands have been covered by land use plans for nearly 20 years, yet the ranchers have not provided a single example in which interaction of plan and permit has jeopardized or might jeopardize permit security. A particular land use plan might lead to a denial of privileges that the pre-1995 regulations would have provided, but the question here is whether the definition changes by themselves violate the Act's requirement that grazing privileges be "adequately safeguarded." They do not. Pp. 739-744.

(b) The deletion of the phrase "engaged in the livestock business" from § 4110.1(a) does not violate the statutory limitation to "stock owners." Section 315b, just two sentences after using "stock owners," gives preference to "landowners engaged in the livestock business." This indicates that Congress did not intend to make the phrases synonyms. Neither the Act's legislative history nor its basic purpose suggests an absolute limit to those engaged in the livestock business was intended by the term "stock owner." The ranchers' underlying concern is that the amendment is part of a scheme to end grazing on public lands

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