Sec. 9. Miscellaneous
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The Secretary and the western States shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. The Secretary and the western State shall each complete an inspection and a hazardous materials certification of land to be conveyed under this Act before the completion of the conveyance. Any conveyance of a State land grant parcel under this Act may include the conveyance of State-held water rights appurtenant to the land conveyed in accordance with applicable law.
Any conveyance of public land under this Act may include the conveyance of federally held water rights appurtenant to the land conveyed in accordance with applicable Federal and State law. Nothing in this Act— creates an implied or expressed Federal reserved water right; affects a valid existing water right; or affects the use of water conveyance infrastructure associated with a water right described in subparagraph (B). If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary (or the Secretary of Agriculture for land located within the National Forest System) and the western State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements.
On expiration of any grazing lease, permit, or contract described in paragraph (1), the party that has jurisdiction over the land on the date of expiration may elect to renew the lease, permit, or contract if permitted under applicable law. Nothing in this Act prevents the Secretary (or the Secretary of Agriculture for land located within the National Forest System) or the western State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes.
Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary (or the Secretary of Agriculture for land located within the National Forest System) or the western State shall not cancel or modify a grazing permit, lease, or contract for land conveyed pursuant to this Act because the land subject to the permit, lease, or contract has been leased for mineral development. If land conveyed by the western State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit.
Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. If land conveyed under this Act is subject to a road lease, road right-of-way, road easement, or other valid existing right in effect on the date of the conveyance, the Secretary (or the Secretary of Agriculture for land located within the National Forest System) and the western State shall allow the lease, right-of-way, easement, or other valid existing right to continue for the remainder of the term of the lease, right-of-way, easement, or other valid existing right, subject to the applicable terms and conditions of the lease, right-of-way, easement, or other valid existing right.
On expiration of any road lease, road right-of-way, road easement, or other valid existing right described in paragraph (1), the party that has jurisdiction over the land on the date of expiration may elect to renew the lease, right-of-way, easement, or other valid existing right if permitted under applicable law. Nothing in this Act alters or diminishes the treaty rights of any Indian tribe. Nothing in this Act affects— land held in trust by the Secretary for any Indian tribe; or any individual Indian allotment.
Nothing in this Act alters, diminishes, or enlarges the application of— division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ( 16 U.S.C. 470 et seq.)); the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ); chapter 3125 of title 54, United States Code; or the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.).
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- Pub. L. 95-341
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