730
Syllabus
by allowing individuals to acquire a few livestock, obtain a permit for conservation, and then effectively mothball the permit. However, the remaining regulations, for livestock grazing use or suspended use, do not encompass the situation that the ranchers describe. Pp. 745-748.
(c) Section 4120.3-2, which specifies that title to permanent range improvements, such as fences, wells, and pipelines, made pursuant to cooperative agreements with the Government shall be in the name of the United States, does not violate the Act. Nothing in the statute denies the Secretary authority reasonably to decide when or whether to grant title to those who make improvements. Any such person remains free to negotiate the terms upon which he will make those improvements, including how he might be compensated in the future for his work, either by the Government or by those granted a Government permit. Pp. 748-750.
167 F. 3d 1287, affirmed.
Breyer, J., delivered the opinion for a unanimous Court. O'Connor, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 750.
Timothy S. Bishop argued the cause for petitioners. With him on the briefs were Steffen N. Johnson and Constance E. Brooks.
Deputy Solicitor General Kneedler argued the cause for respondents. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, David C. Frederick, William B. Lazarus, and John D. Leshy.*
*Briefs of amici curiae urging reversal were filed for the State of Wyoming by Gay Woodhouse, Attorney General, Thomas J. Davidson, Deputy Attorney General, and Theodore C. Preston, Assistant Attorney General; for the Alameda Bookcliffs Ranch et al. by Karen Budd-Falen and Jeffrey B. Teichert; for the Association of Rangeland Consultants by W. Alan Schroeder; for the Farm Credit Institutions by William G. Myers III and Marcy G. Glenn; for the Northwest Mining Association by William Perry Pendley and Steven J. Lechner; for the Pacific Legal Foundation et al. by M. Reed Hopper; and for Congressman Don Young et al. by William K. Kelley.
Briefs of amici curiae urging affirmance were filed for the Natural Resources Defense Council et al. by Thomas D. Lustig; and for the Nature Conservancy by W. Cullen Battle and Michael Dennis.
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