[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 258 Reported in Senate (RS)]
Calendar No. 392
113th CONGRESS
2d Session
S. 258
[Report No. 113-166]
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing leases and permits, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2013
Mr. Barrasso (for himself, Mr. Enzi, Mr. Crapo, Mr. Hatch, Mr. Heller,
Mr. Lee, Mr. Risch, Mr. Hoeven, and Mr. Flake) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
May 22, 2014
Reported by Ms. Landrieu, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing leases and permits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Grazing Improvement
Act''.</DELETED>
<DELETED>SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.</DELETED>
<DELETED> Section 402 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1752) is amended--</DELETED>
<DELETED> (1) by striking ``ten years'' each place it
appears and inserting ``20 years''; and</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``or'' at the end of each
of paragraphs (1) and (2);</DELETED>
<DELETED> (B) in paragraph (3), by striking the
period at the end and inserting ``; or''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) the initial environmental analysis under
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) regarding a grazing allotment, permit, or lease has not
been completed.''.</DELETED>
<DELETED>SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS
AND LEASES.</DELETED>
<DELETED> Title IV of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING
PERMITS AND LEASES.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Current grazing management.--The term
`current grazing management' means grazing in accordance with
the terms and conditions of an existing permit or lease and
includes any modifications that are consistent with an
applicable Department of the Interior resource management plan
or Department of Agriculture land use plan.</DELETED>
<DELETED> ``(2) Secretary concerned.--The term `Secretary
concerned' means--</DELETED>
<DELETED> ``(A) the Secretary of Agriculture, with
respect to National Forest System land; and</DELETED>
<DELETED> ``(B) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Department of the Interior.</DELETED>
<DELETED> ``(b) Renewal, Transfer, Reissuance, and Pending
Processing.--A grazing permit or lease issued by the Secretary of the
Interior, or a grazing permit issued by the Secretary of Agriculture
regarding National Forest System land, that expires, is transferred, or
is waived shall be renewed or reissued under, as appropriate--
</DELETED>
<DELETED> ``(1) section 402;</DELETED>
<DELETED> ``(2) section 19 of the Act of April 24, 1950
(commonly known as the `Granger-Thye Act'; 16 U.S.C.
580l);</DELETED>
<DELETED> ``(3) title III of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1010 et seq.); or</DELETED>
<DELETED> ``(4) section 510 the California Desert Protection
Act of 1994 (16 U.S.C. 410aaa-50).</DELETED>
<DELETED> ``(c) Terms; Conditions.--The terms and conditions (except
the termination date) contained in an expired, transferred, or waived
permit or lease described in subsection (b) shall continue in effect
under a renewed or reissued permit or lease until the date on which the
Secretary concerned completes the processing of the renewed or reissued
permit or lease that is the subject of the expired, transferred, or
waived permit or lease, in compliance with each applicable
law.</DELETED>
<DELETED> ``(d) Cancellation; Suspension; Modification.--
Notwithstanding subsection (c), a permit or lease described in
subsection (b) may be cancelled, suspended, or modified in accordance
with applicable law.</DELETED>
<DELETED> ``(e) Renewal Transfer Reissuance After Processing.--When
the Secretary concerned has completed the processing of the renewed or
reissued permit or lease that is the subject of the expired,
transferred, or waived permit or lease, the Secretary concerned shall
renew or reissue the permit or lease for a term of 20 years after
completion of processing.</DELETED>
<DELETED> ``(f) Compliance With National Environmental Policy Act of
1969.--The renewal, reissuance, or transfer of a grazing permit or
lease by the Secretary concerned shall be categorically excluded from
the requirement to prepare an environmental assessment or an
environmental impact statement if--</DELETED>
<DELETED> ``(1) the decision to renew, reissue, or transfer
continues the current grazing management of the
allotment;</DELETED>
<DELETED> ``(2) monitoring of the allotment has indicated
that the current grazing management has met, or has
satisfactorily progressed towards meeting, objectives contained
in the land use and resource management plan of the allotment,
as determined by the Secretary concerned; or</DELETED>
<DELETED> ``(3) the decision is consistent with the policy
of the Department of the Interior or the Department of
Agriculture, as appropriate, regarding extraordinary
circumstances.</DELETED>
<DELETED> ``(g) Priority and Timing for Completing Environmental
Analyses.--The Secretary concerned, in the sole discretion of the
Secretary concerned, shall determine the priority and timing for
completing each required environmental analysis regarding any grazing
allotment, permit, or lease based on the environmental significance of
the allotment, permit, or lease and available funding for that
purpose.</DELETED>
<DELETED> ``(h) NEPA Exemptions.--The National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the
following:</DELETED>
<DELETED> ``(1) Crossing and trailing authorizations of
domestic livestock.</DELETED>
<DELETED> ``(2) Transfer of grazing preference.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grazing Improvement Act''.
SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended--
(1) in subsection (a)--
(A) by striking ``Except as'' and inserting the
following:
``(1) In general.--Except as''; and
(B) in paragraph (1) (as designated by subparagraph
(A)), by striking ``ten years subject'' and inserting
the following: `` 10 years, up to a maximum term of 20
years, if the Secretary concerned--
``(i) has assessed and evaluated the
grazing allotment associated with the permit or
lease; and
``(ii) based on the assessment and
evaluation under clause (i), has determined
that the grazing allotment is--
``(I) with respect to public land
administered by the Secretary of the
Interior, meeting land health
standards; or
``(II) with respect to National
Forest System land administered by the
Secretary of Agriculture, meeting
objectives in the applicable land and
resource management plan.
``(2) Cancellation, suspension, and modification.--The
permit or lease shall be subject'';
(2) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(B) by striking ``So long as'' and inserting the
following:
``(1) Renewal of expiring or transferred permit or lease.--
During any period in which''; and
(C) by adding at the end the following:
``(2) Continuation of terms under new permit or lease.--The
terms and conditions in a grazing permit or lease that has
expired, or was terminated due to a grazing preference
transfer, shall be continued under a new permit or lease until
the date on which the Secretary concerned completes any
environmental analysis and documentation for the permit or
lease required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
``(3) Completion of processing.--As of the date on which
the Secretary concerned completes the processing of a grazing
permit or lease in accordance with paragraph (2), the permit or
lease may be canceled, suspended, or modified, in whole or in
part.
``(4) Environmental reviews.--The Secretary concerned shall
seek to conduct environmental reviews on an allotment or
multiple allotment basis, to the extent practicable, if the
allotments share similar ecological conditions, for purposes of
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other applicable laws.'';
(3) by redesignating subsection (h) as subsection (j); and
(4) by inserting after subsection (g) the following:
``(h) National Environmental Policy Act of 1969.--
``(1) In general.--The issuance of a grazing permit or
lease by the Secretary concerned may be categorically excluded
from the requirement to prepare an environmental assessment or
an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
``(A) the issued permit or lease continues the
current grazing management of the allotment; and
``(B) the Secretary concerned--
``(i) has assessed and evaluated the
grazing allotment associated with the lease or
permit; and
``(ii) based on the assessment and
evaluation under clause (i), has determined
that the allotment--
``(I) with respect to public land
administered by the Secretary of the
Interior--
``(aa) is meeting land
health standards; or
``(bb) is not meeting land
health standards due to factors
other than existing livestock
grazing; or
``(II) with respect to National
Forest System land administered by the
Secretary of Agriculture--
``(aa) is meeting
objectives in the applicable
land and resource management
plan; or
``(bb) is not meeting the
objectives in the applicable
land resource management plan
due to factors other than
existing livestock grazing.
``(2) Trailing and crossing.--The trailing and crossing of
livestock across public land and National Forest System land
and the implementation of trailing and crossing practices by
the Secretary concerned may be categorically excluded from the
requirement to prepare an environmental assessment or an
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(i) Priority and Timing for Completion of Environmental
Analyses.--The Secretary concerned, in the sole discretion of the
Secretary concerned, shall determine the priority and timing for
completing each required environmental analysis with respect to a
grazing allotment, permit, or lease based on--
``(1) the environmental significance of the grazing
allotment, permit, or lease; and
``(2) the available funding for the environmental
analysis.''.
SEC. 3. VOLUNTARY RELINQUISHMENT OF GRAZING PERMITS OR LEASES.
Title IV of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.) is amended by adding at the end the following:
``SEC. 405. VOLUNTARILY RELINQUISHMENT PILOT PROGRAM. --
``(a) In General.--There is established in the Department of the
Interior and the Department of Agriculture a pilot program that--
``(1) authorizes the voluntary relinquishment of grazing
permits or leases in the eligible States specified in
subsection (f); and
``(2) provides that grazing permits or leases voluntarily
relinquished under this section shall be permanently retired
from further grazing authorization.
``(b) Acceptance by Secretary and Secretary of Agriculture.--
``(1) In general.--Subject to paragraph (2), within the
eligible States specified in subsection (f)--
``(A) the Secretary shall accept the voluntary
relinquishment of any valid permits or leases
authorizing grazing on public land; and
``(B) the Secretary of Agriculture shall accept the
voluntary relinquishment of any valid permits or leases
authorizing grazing on land in the National Forest
System.
``(2) Limitation.--Notwithstanding paragraph (1), the
Secretary and the Secretary of Agriculture shall not accept the
voluntarily relinquishment of more than 25 grazing permits or
leases per year in each of the eligible States specified in
subsection (f).
``(c) Termination.--With respect to each permit or lease
voluntarily relinquished under subsection (a), the Secretary concerned
shall--
``(1) terminate the grazing permit or lease; and
``(2) except as provided in subsection (d), ensure a
permanent end to grazing on the land covered by the permit or
lease.
``(d) Common Allotments.--
``(1) In general.--If the land covered by a grazing permit
or lease that has been voluntarily relinquished under
subsection (a) is also covered by another valid existing
grazing permit or lease that is not voluntarily relinquished
under subsection (a), the Secretary concerned shall reduce the
authorized grazing level on the land covered by the permit or
lease to reflect the relinquishment of the grazing permit or
lease.
``(2) Authorized level.--To ensure that there is a
permanent reduction in the level of grazing on the land covered
by a grazing permit or lease that has been voluntarily
relinquished under subsection (a), the Secretary shall not
allow grazing use to exceed the authorized level established
under paragraph (1).
``(3) Partial relinquishment.--
``(A) In general.--If a person holding a valid
grazing permit or lease voluntarily relinquishes less
than the full level of grazing use authorized under the
permit or lease, the Secretary concerned shall--
``(i) reduce the authorized grazing level
to reflect the voluntarily relinquishment; and
``(ii) modify the grazing permit or lease
to reflect the revised level of use.
``(B) Authorized level.--To ensure that there is a
permanent reduction in the authorized level of grazing
on the land covered by a permit or lease which has been
voluntarily relinquished under subparagraph (A), the
Secretary shall not allow grazing use to exceed the
authorized level established under that subparagraph.
``(e) Annual Report.--
``(1) In general.--The Secretary, in collaboration with the
Secretary of Agriculture, shall prepare an annual report on the
pilot program that assesses the activities undertaken under the
pilot program during the preceding year, including the number
and location of grazing permits and leases that were
voluntarily relinquished during the preceding year.
``(2) Submission to congress.--The Secretary shall submit
the annual report prepared under paragraph (1) to--
``(A) the Committee on Energy and Natural Resources
of the Senate; and
``(B) the Committee on Natural Resources of the
House of Representatives.
``(f) Eligible States.--The authority of the Secretary and the
Secretary of Agriculture to accept voluntary relinquishments in
accordance with this section shall be limited to grazing allotments in
the States of New Mexico and Oregon.''.
Calendar No. 392
113th CONGRESS
2d Session
S. 258
[Report No. 113-166]
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing leases and permits, and for other purposes.
_______________________________________________________________________
May 22, 2014
Reported with an amendment