[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1553 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1553
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing permits and leases, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Barrasso (for himself, Ms. Lummis, Mr. Rounds, and Mr. Risch)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing permits and leases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resiliency for Ranching and Natural
Conservation Health Act''.
SEC. 2. TEMPORARY USE OF VACANT GRAZING ALLOTMENTS FOR HOLDERS OF
GRAZING PERMITS OR LEASES DURING EXTREME NATURAL EVENTS
AND DISASTERS.
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. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO HOLDERS OF
GRAZING PERMITS OR LEASES DURING EXTREME NATURAL EVENTS
AND DISASTERS.
``(a) Definition of Secretary Concerned.--In this section, the term
`Secretary concerned' means--
``(1) the Secretary of Agriculture, with respect to
National Forest System land; and
``(2) the Secretary, with respect to public lands.
``(b) Allotments.--
``(1) In general.--To the maximum extent practicable, the
Secretary concerned shall make available to the holder of a
grazing permit or lease issued by either Secretary concerned
the temporary use of a vacant grazing allotment if 1 or more
grazing allotments covered by the grazing permit or lease of
the holder of the grazing permit or lease are temporarily
unusable, as determined by the Secretary concerned, because of
resource conditions from unforeseen natural events or disasters
(including an extreme weather event, drought, wildfire,
infestation, or blight).
``(2) Terms and conditions.--In establishing the terms and
conditions in a permit or lease for the temporary use of a
vacant grazing allotment made available pursuant to this
subsection, the Secretary concerned--
``(A) shall take into consideration the terms and
conditions of the most recent permit or lease that was
applicable to the vacant grazing allotment;
``(B) if there are no terms or conditions available
for consideration under subparagraph (A), may assign
temporary terms or conditions, after considering
ecological conditions of, or terms on, adjacent grazing
allotments;
``(C) shall base the terms and conditions on local
ecological conditions, as determined by the applicable
official;
``(D) shall take into consideration other factors,
including any prior agency agreement that resolved or
sought to resolve a management conflict, including a
conflict related to State management of wildlife; and
``(E) may authorize the placement and use of
temporary portable corrals and water troughs on the
vacant grazing allotment to accommodate the temporary
use.
``(3) Coordination.--To the maximum extent practicable, the
Secretaries concerned shall coordinate to make available to
holders of grazing permits or leases the use of vacant grazing
allotments, regardless of agency jurisdiction over vacant
grazing allotments, pursuant to paragraphs (1) and (2).
``(4) Additional considerations; effect.--
``(A) Additional considerations.--For purposes of
determining whether to make available the temporary use
of a vacant grazing allotment under paragraph (1), the
Secretary concerned shall consider whether there is a
court-issued injunction in effect as of the date of the
determination that constrains or otherwise limits the
use of an allotment for which the permit or lease has
been issued.
``(B) Effect.--The temporary use of a vacant
grazing allotment under this subsection shall not--
``(i) preclude or otherwise alter other
ongoing or future actions or assessments
evaluating the potential of the vacant grazing
allotment to be used or otherwise assigned; or
``(ii) alter--
``(I) the terms and conditions of
the original grazing permit or lease of
the holder of the grazing permit or
lease;
``(II) the preference or ability of
the holder of the grazing permit or
lease to return to the original
allotment once access to, or the use
of, the original allotment is restored;
or
``(III) the animal unit months in
future authorizations, or conditions of
a permit, of the holder of the grazing
permit or lease.
``(c) Duration.--The Secretary concerned shall determine the
duration of the temporary use of a vacant grazing allotment made
available pursuant to subsection (b), after considering the period of
time necessary for the original allotment of the holder of the grazing
permit or lease to return to use, not to exceed 3 consecutive grazing
seasons.
``(d) Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary concerned shall
establish guidelines to expeditiously, efficiently, and
effectively carry out activities authorized under this section.
``(2) Considerations.--In establishing the guidelines under
paragraph (1), the Secretary concerned may consider--
``(A) eligibility criteria for the holders of
grazing permits or leases;
``(B) prioritizing holders of grazing permits or
leases in close proximity to a vacant grazing
allotment;
``(C) any class or change in class of livestock on
the temporary use of a vacant grazing allotment, with
consideration given to local ecological conditions,
disease, wildlife conflicts, and other factors based on
localized conditions;
``(D) processes for coordinating with allotments
adjoining or within the vicinity of a vacant grazing
allotment; and
``(E) any other processes intended to expedite
procedures for making vacant grazing allotments
available during emergent circumstances.''.
SEC. 3. PUBLIC RANGELAND RESILIENCY FUNDS.
(a) Investment of Amounts in the Land and Water Conservation
Fund.--Section 200302 of title 54, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Investment of Amounts.--
``(1) In general.--On request of the Secretary, the
Secretary of the Treasury may invest any portion of the Fund
(including amounts in the Fund that are appropriated but not
disbursed) that is not, as determined by the Secretary,
required to meet the current needs of the Fund, but not to
exceed such amounts as are necessary to generate $15,000,000 in
investment income per year under paragraph (2).
``(2) Requirement.--An investment of amounts made available
under paragraph (1) shall be made by the Secretary of the
Treasury in a public debt security--
``(A) with a maturity suitable for the authorized
uses described in subsection (c)(2) of section 401 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751); and
``(B) bearing interest at a rate determined by the
Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable
obligations of the United States of comparable
maturity.
``(3) Range betterment account.--The income on investments
of the Fund under this subsection shall be credited to, and
used for purposes of an account established in the Treasury, to
be known as the `range betterment account', to be used in
accordance with subsection (c) of section 401 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1751).''.
(b) Range Betterment Account.--Section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1751) is amended by adding
at the end the following:
``(c) Range Betterment Account.--
``(1) Definition of secretary concerned.--In this section,
the term `Secretary concerned' means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary, with respect to public lands.
``(2) Use of funds.--Of the amounts available in the
account established under section 200302(c)(3) of title 54,
United States Code (referred to in this subsection as the
`account')--
``(A) $10,000,000 shall be made available for each
fiscal year to carry out rangeland improvement projects
under subsection (b)(1), including for all forms of
rangeland betterment, management, and improvement
activities, including seeding and reseeding, fence
construction, the use of a temporary structure (such as
a corral), an invasive plant or weed control measure or
treatment, water development, and any other activity
that advances healthy rangeland improvement, habitat,
and resiliency; and
``(B) $5,000,000 shall be available for each fiscal
year to enhance, expand, or improve access
opportunities producing co-benefits for hunting and
recreation activities on public lands or National
Forest System land under the jurisdiction of the
Secretary concerned through public access agreements
(including cooperative agreements or special use
agreements) that improve or provide for permanent,
temporary, or seasonal access to private land through
which individuals would need to traverse to access the
public lands or National Forest System land, subject to
paragraph (5)(B).
``(3) Additional funds.--Amounts made available from the
account for rangeland improvement projects under paragraph (2),
shall be--
``(A) available, without further appropriation; and
``(B) in addition to amounts received from fees or
other appropriations for those projects or public
access agreements.
``(4) Availability.--To provide sufficient flexibility for
multiyear contracts, procurement, and agreements, amounts made
available under subsection (b)(1) and paragraph (2) shall
remain available for expenditure, without fiscal year
limitation, until expended.
``(5) Coordination; agreements.--
``(A) Rangeland improvement projects.--
``(i) Coordination.--In carrying out
rangeland improvement projects using amounts
made available under subsection (b)(1) and
paragraph (2)(A), the Secretary concerned shall
coordinate with holders of grazing permits or
leases to ensure collaborative and coordinated
efforts.
``(ii) Cooperative agreements.--The
Secretary concerned may enter into a
cooperative agreement with the holder of a
grazing permit or lease to carry out rangeland
improvement projects using amounts made
available under subsection (b)(1) and paragraph
(2)(A) that would benefit land, regardless of
ownership, within the grazing allotment
associated with the applicable grazing permit
or lease.
``(B) Public access agreements.--
``(i) Requirements, prohibitions, and
authorizations.--A public access agreement
entered into under paragraph (2)(B)--
``(I) shall--
``(aa) be negotiated by the
Secretary concerned with
willing landowners;
``(bb) establish the terms
of the public access or any
enhancement project carried out
under the public access
agreement, including the
duration of the public access
agreement; and
``(cc) be entered into
voluntarily by a willing
landowner;
``(II) shall not convey to the
public any right to hunt or otherwise
carry out recreational activities on
the private land subject to the public
access agreement; and
``(III) may--
``(aa) be entered into
without reimbursement to the
willing landowner, if the
willing landowner volunteers to
not receive reimbursement; or
``(bb) provide for
reimbursement by the Secretary
concerned, as applicable, to
the willing landowner, with the
amount of the reimbursement to
be determined by the Secretary
concerned--
``(AA) using the
principles of `roughly
equivalent value' or
another cost or
valuation method; and
``(BB) which may
not require a formal
appraisal, if the
Secretary concerned
determines that an
appraisal is
unnecessary because the
valuation is
uncomplicated and the
anticipated value is
estimated to be $10,000
or less, based on a
review of available
data.
``(ii) Priority.--In entering into public
access agreements under paragraph (2)(B), the
Secretary concerned may give priority to a
public access agreement that provides public
access to public lands or National Forest
System land under the jurisdiction of the
Secretary concerned of at least 640 acres with
respect to which there is restricted or no
public access.
``(iii) No federal interest.--In entering
into a public access agreement under paragraph
(2)(B), the Secretary concerned shall not
acquire a Federal interest in private land and,
as a result, shall not be subject to Federal
acquisition regulations.
``(iv) Effect.--If a landowner elects not
to enter into a public access agreement under
paragraph (2)(B), the election shall not affect
a grazing permit or lease held by the
landowner.''.
SEC. 4. RENEWAL TERM OF GRAZING PERMITS OR LEASES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended--
(1) in subsection (a), by striking ``ten years'' and
inserting ``not more than 20 years''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``shorter than ten years'' and inserting ``of
less than 20 years'';
(B) in paragraph (1), by striking ``or'' at the
end;
(C) in paragraph (2)--
(i) by striking ``ten years'' and inserting
``20 years''; and
(ii) by striking ``or'' at the end;
(D) by redesignating paragraph (3) as paragraph
(4);
(E) by inserting after paragraph (2) the following:
``(3) the initial environmental analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to a grazing allotment, permit, or lease has not been
completed; or''; and
(F) in paragraph (4) (as so redesignated)--
(i) in the first proviso, by striking
``shorter than ten years'' and inserting ``of
less than 20 years''; and
(ii) in the second proviso--
(I) by striking ``shorter than ten
years'' and inserting ``of less than 20
years''; and
(II) by striking ``items (1)
through (3) of this subsection'' and
inserting ``paragraphs (1) through
(4)''.
SEC. 5. NEPA REVIEW IN RENEWAL OF GRAZING PERMITS AND LEASES AND
CERTAIN ACTIONS DURING EXTREME NATURAL EVENTS AND
DISASTERS.
Section 402(h) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1752(h)) is amended by adding at the end the following:
``(3) Renewal.--The Secretary or the Secretary of
Agriculture, as applicable, shall be subject to a rebuttable
presumption that use of a categorical exclusion under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) would apply with respect to the renewal of a grazing
permit or lease under this section, if--
``(A) the renewal of the grazing permit or lease is
consistent, or substantially consistent, with the use
authorized in the permit or lease being renewed;
``(B) the renewal of the grazing permit or lease is
the same as, or has a minor adjustment in, as
determined by the Secretary or the Secretary of
Agriculture, as applicable, the season of use
authorized in the permit or lease being renewed; or
``(C) the applicable permittee or lessee is in
compliance with the terms, conditions, and applicable
regulations of the permit or lease being renewed.
``(4) Authorized use during emergencies and natural events
and disasters.--The Secretary or the Secretary of Agriculture,
as applicable, shall be subject to a rebuttable presumption
that use of a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) would
apply to the temporary use of a vacant grazing allotment or
other minor adjustment in terms and conditions of a permit or
lease necessary to respond and adapt to resource conditions,
if--
``(A) there is an unforeseen, uncontrollable
natural event or disaster (including extreme weather
conditions, drought, and infestation), that impedes the
use by the permittee or lessee of the grazing allotment
under established terms and conditions;
``(B) the use of the vacant grazing allotment or
the adjustment in the authorized use would be limited
to 2 grazing seasons;
``(C) a temporary adjustment in the existing season
of use to immediately respond to localized resource
conditions does not fluctuate more than 14 days prior
to, or immediately following, the existing season of
use date;
``(D) the permittee or lessee is in compliance
with--
``(i) all other terms and conditions of the
applicable permit or lease; and
``(ii) any applicable regulations;
``(E) the vacant grazing allotment considered for
temporary use pursuant to section 405 has been assessed
or evaluated; and
``(F) the use of the vacant grazing allotment or
adjustment in the authorized use does not alter the
original grazing allotment of the permittee or
lessee.''.
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