[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1553 Reported in Senate (RS)]
<DOC>
Calendar No. 581
118th CONGRESS
2d 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
November 21, 2024
Reported by Mr. Manchin, 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 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Resiliency for Ranching and
Natural Conservation Health Act''.</DELETED>
<DELETED>SEC. 2. TEMPORARY USE OF VACANT GRAZING ALLOTMENTS FOR HOLDERS
OF GRAZING PERMITS OR LEASES DURING EXTREME NATURAL
EVENTS AND DISASTERS.</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. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO
HOLDERS OF GRAZING PERMITS OR LEASES DURING EXTREME
NATURAL EVENTS AND DISASTERS.</DELETED>
<DELETED> ``(a) Definition of Secretary Concerned.--In this section,
the term `Secretary concerned' means--</DELETED>
<DELETED> ``(1) the Secretary of Agriculture, with respect
to National Forest System land; and</DELETED>
<DELETED> ``(2) the Secretary, with respect to public
lands.</DELETED>
<DELETED> ``(b) Allotments.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) shall take into consideration the
terms and conditions of the most recent permit or lease
that was applicable to the vacant grazing
allotment;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) shall base the terms and conditions
on local ecological conditions, as determined by the
applicable official;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) may authorize the placement and use
of temporary portable corrals and water troughs on the
vacant grazing allotment to accommodate the temporary
use.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(4) Additional considerations; effect.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Effect.--The temporary use of a
vacant grazing allotment under this subsection shall
not--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) alter--</DELETED>
<DELETED> ``(I) the terms and
conditions of the original grazing
permit or lease of the holder of the
grazing permit or lease;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(III) the animal unit
months in future authorizations, or
conditions of a permit, of the holder
of the grazing permit or
lease.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Guidelines.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Considerations.--In establishing the
guidelines under paragraph (1), the Secretary concerned may
consider--</DELETED>
<DELETED> ``(A) eligibility criteria for the holders
of grazing permits or leases;</DELETED>
<DELETED> ``(B) prioritizing holders of grazing
permits or leases in close proximity to a vacant
grazing allotment;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) processes for coordinating with
allotments adjoining or within the vicinity of a vacant
grazing allotment; and</DELETED>
<DELETED> ``(E) any other processes intended to
expedite procedures for making vacant grazing
allotments available during emergent
circumstances.''.</DELETED>
<DELETED>SEC. 3. PUBLIC RANGELAND RESILIENCY FUNDS.</DELETED>
<DELETED> (a) Investment of Amounts in the Land and Water
Conservation Fund.--Section 200302 of title 54, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(d); and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Investment of Amounts.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(c) Range Betterment Account.--</DELETED>
<DELETED> ``(1) Definition of secretary concerned.--In this
section, 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, with respect to
public lands.</DELETED>
<DELETED> ``(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')--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Additional funds.--Amounts made available
from the account for rangeland improvement projects under
paragraph (2), shall be--</DELETED>
<DELETED> ``(A) available, without further
appropriation; and</DELETED>
<DELETED> ``(B) in addition to amounts received from
fees or other appropriations for those projects or
public access agreements.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Coordination; agreements.--</DELETED>
<DELETED> ``(A) Rangeland improvement projects.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Public access agreements.--
</DELETED>
<DELETED> ``(i) Requirements, prohibitions,
and authorizations.--A public access agreement
entered into under paragraph (2)(B)--</DELETED>
<DELETED> ``(I) shall--</DELETED>
<DELETED> ``(aa) be
negotiated by the Secretary
concerned with willing
landowners;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(cc) be entered
into voluntarily by a willing
landowner;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(III) may--</DELETED>
<DELETED> ``(aa) be entered
into without reimbursement to
the willing landowner, if the
willing landowner volunteers to
not receive reimbursement;
or</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(AA)
using the principles of
`roughly equivalent
value' or another cost
or valuation method;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. RENEWAL TERM OF GRAZING PERMITS OR 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) in subsection (a), by striking ``ten years''
and inserting ``not more than 20 years''; and</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``shorter than ten years'' and inserting
``of less than 20 years'';</DELETED>
<DELETED> (B) in paragraph (1), by striking ``or''
at the end;</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``ten years'' and
inserting ``20 years''; and</DELETED>
<DELETED> (ii) by striking ``or'' at the
end;</DELETED>
<DELETED> (D) by redesignating paragraph (3) as
paragraph (4);</DELETED>
<DELETED> (E) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (F) in paragraph (4) (as so
redesignated)--</DELETED>
<DELETED> (i) in the first proviso, by
striking ``shorter than ten years'' and
inserting ``of less than 20 years'';
and</DELETED>
<DELETED> (ii) in the second proviso--
</DELETED>
<DELETED> (I) by striking ``shorter
than ten years'' and inserting ``of
less than 20 years''; and</DELETED>
<DELETED> (II) by striking ``items
(1) through (3) of this subsection''
and inserting ``paragraphs (1) through
(4)''.</DELETED>
<DELETED>SEC. 5. NEPA REVIEW IN RENEWAL OF GRAZING PERMITS AND LEASES
AND CERTAIN ACTIONS DURING EXTREME NATURAL EVENTS AND
DISASTERS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) the applicable permittee or lessee
is in compliance with the terms, conditions, and
applicable regulations of the permit or lease being
renewed.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) the use of the vacant grazing
allotment or the adjustment in the authorized use would
be limited to 2 grazing seasons;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) the permittee or lessee is in
compliance with--</DELETED>
<DELETED> ``(i) all other terms and
conditions of the applicable permit or lease;
and</DELETED>
<DELETED> ``(ii) any applicable
regulations;</DELETED>
<DELETED> ``(E) the vacant grazing allotment
considered for temporary use pursuant to section 405
has been assessed or evaluated; and</DELETED>
<DELETED> ``(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.''.</DELETED>
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.--The Secretary concerned may 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--
``(A) 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 unforeseen
natural events or disasters (including an extreme
weather event, drought, wildfire, infestation, or
blight); and
``(B) the Secretary concerned determines that the
vacant grazing allotment is appropriate for temporary
grazing use.
``(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 rangeland improvements (including portable
corrals, fencing, aboveground pipelines, 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) Effect.--The temporary use of a vacant grazing
allotment under this subsection shall not--
``(A) 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
``(B) 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--
``(1) the condition of the vacant grazing allotment; and
``(2) the period of time necessary for the original
allotment of the holder of the grazing permit or lease to
return to use.
``(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) criteria for determining whether the vacant
grazing allotment is suitable for temporary grazing
use;
``(B) eligibility criteria for the holders of
grazing permits or leases;
``(C) prioritizing holders of grazing permits or
leases in close proximity to a vacant grazing
allotment;
``(D) 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;
``(E) processes for coordinating with allotments
adjoining or within the vicinity of a vacant grazing
allotment; and
``(F) any other processes intended to expedite
procedures for making vacant grazing allotments
available during emergent circumstances.
``(e) Periodic Evaluations.--The Secretary concerned shall
periodically evaluate land health conditions of vacant grazing
allotments to facilitate the efficient implementation of this
section.''.
Calendar No. 581
118th CONGRESS
2d Session
S. 1553
_______________________________________________________________________
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.
_______________________________________________________________________
November 21, 2024
Reported with an amendment