Cite as: 529 U. S. 728 (2000)
Opinion of the Court
pipelines, the regulations shared title between the permit holder and the United States "in proportion to the actual amount of the respective contribution to the initial construction." Ibid. And for range improvements made pursuant to permit, the pre-1995 regulations gave the permittee "title to removable range improvements." § 4120.3-3(b).
The 1995 regulations change the title rules for range improvements made pursuant to a cooperative agreement, but not the rules for improvements made pursuant to permit. For cooperative agreements, they specify that "title to permanent range improvements" (authorized in the future) "such as fences, wells, and pipelines . . . shall be in the name of the United States." 43 CFR § 4120.3-2(b) (1995).
The ranchers argue that this change violates 43 U. S. C. § 315c, which says:
"No permit shall be issued which shall entitle the permittee to the use of such [range] improvements constructed and owned by a prior occupant until the applicant has paid to such prior occupant the reasonable value of such improvements . . . ." (Emphasis added.)
In their view, the word "owned" foresees ownership by a "prior occupant" of at least some such improvements, a possibility they say is denied by the new rule mandating blanket Government ownership of permanent range improvements.
The Secretary responds that, since the statute gives him the power to authorize range improvements pursuant to a cooperative agreement—a greater power, § 315c—he also has the power to set the terms of title ownership to such improvements—a lesser power—just like any landlord. See R. Schoshinski, American Law of Landlord and Tenant § 5:31 (1980) (ownership of tenant improvements is a matter open to negotiation with landlord); H. Bronson, A Treatise on the Law of Fixtures § 40 (1904); 2 J. Taylor, A Treatise on the American Law of Landlord and Tenant § 554, pp. 164-166 (1887). Under this reading, the subsequent statutory provi-
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