[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4184 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4184
To amend the Federal Land Policy and Management Act of 1976 to
authorize the Secretary of the Interior and the Secretary of
Agriculture to enter into cooperative agreements with States to provide
for State administration of allotment management plans.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Mr. Lee 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
authorize the Secretary of the Interior and the Secretary of
Agriculture to enter into cooperative agreements with States to provide
for State administration of allotment management plans.
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 ``State Grazing Management Authority
Act''.
SEC. 2. AUTHORIZATION OF COOPERATIVE AGREEMENTS BETWEEN THE SECRETARY
OF THE INTERIOR, THE SECRETARY OF AGRICULTURE, AND
STATES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended by adding at the end the following:
``(k) Cooperative Agreements With States.--
``(1) Definitions.--In this subsection:
``(A) Allotment management plan.--The term
`allotment management plan' has the meaning given the
term in subsection (k) of section 103, except that--
``(i) any reference to `the lessees or
permittees involved' in that subsection shall
be considered to be a reference to `the
Secretary concerned'; and
``(ii) any reference to `the Secretary
concerned' in that subsection shall be
considered to be a reference to `the Governor
of the applicable State'.
``(B) Cooperating agency.--The term `cooperating
agency' means, as applicable--
``(i) a State agricultural agency that is
involved in a proposed action under an
allotment management plan authorized under
paragraph (2); or
``(ii) a Federal agency that--
``(I) is involved in a proposed
action under an allotment management
plan authorized under paragraph (2);
``(II) is not the lead agency; and
``(III) has the jurisdiction or
special expertise such that the Federal
agency needs to be consulted--
``(aa) to use a categorical
exclusion; or
``(bb) to prepare an
environmental assessment or
environmental impact statement,
as applicable.
``(C) Cooperative agreement.--The term `cooperative
agreement' means a cooperative agreement entered into
under paragraph (2).
``(D) Domestic livestock.--The term `domestic
livestock' means an animal raised in an agricultural
setting to produce labor or commodities.
``(E) Eligible federal land.--The term `eligible
Federal land' means--
``(i) public lands that--
``(I) are subject to a grazing
permit or lease issued by the Bureau
under section 3 or 15 of the Act of
June 28, 1934 (commonly known as the
`Taylor Grazing Act') (43 U.S.C. 315b,
315m); and
``(II) have periodically or
historically been used or offered for
public domestic livestock grazing, as
determined by the Secretary concerned;
and
``(ii) National Forest System land that--
``(I) is subject to a grazing
permit or lease issued by the Secretary
of Agriculture; and
``(II) has periodically or
historically been used or offered for
public domestic livestock grazing, as
determined by the Secretary concerned.
``(F) Environmental assessment.--The term
`environmental assessment' has the meaning given the
term in section 111 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336e).
``(G) Environmental impact statement.--The term
`environmental impact statement' has the meaning given
the term in section 111 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336e).
``(H) Lead agency.--The term `lead agency' means
the Federal agency headed by the Secretary concerned
that, at the request of the Governor of the applicable
State under paragraph (3)(A)(ii), carries out the NEPA
process for a proposed action under an allotment
management plan authorized under paragraph (2).
``(I) NEPA process.--
``(i) In general.--The term `NEPA process'
means any portion of the process, analysis, and
other measure, including the preparation of an
environmental impact statement, if necessary,
that is required to be carried out by the
Secretary concerned under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) before the Secretary concerned
undertakes a proposed action.
``(ii) Period.--For purposes of clause (i),
the NEPA process--
``(I) begins on the date on which
the Secretary concerned receives an
application for a proposed action from
a project sponsor; and
``(II) ends on the date on which
the Secretary concerned issues, with
respect to the proposed action--
``(aa) a record of
decision, including, if
necessary, a revised record of
decision;
``(bb) a finding of no
significant impact; or
``(cc) a categorical
exclusion under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(J) Project sponsor.--The term `project sponsor'
means a Federal agency or applicable State agency that
seeks approval of a proposed action.
``(K) Secretary concerned.--The term `Secretary
concerned' means--
``(i) the Secretary, acting through the
Director of the Bureau, with respect to public
lands; and
``(ii) the Secretary of Agriculture, acting
through the Chief of the Forest Service, with
respect to National Forest System land.
``(L) State commission.--The term `State
commission' means an advisory commission for a State
established under paragraph (8)(A).
``(2) Pilot project authorization.--
``(A) In general.--At the request of the Governor
of a State, the Secretary concerned shall enter into a
cooperative agreement with the State to authorize the
State to administer 1 or more allotment management
plans on eligible Federal land in the State, including
the commencement of a lease or the issuance of a permit
for domestic livestock grazing on the applicable
allotment, subject to valid existing rights and this
subsection.
``(B) Requirement.--The Secretary concerned may
enter into a cooperative agreement under subparagraph
(A) and a State may commence a lease and issue a permit
under an allotment management plan authorized under
that subparagraph only after the Governor of the State
has submitted to the Secretary concerned--
``(i) if the applicable allotment is
occupied, a notice from each holder of a
grazing permit or lease occupying the
applicable allotment that provides that--
``(I) the holder consents to
management by the State of the
applicable permit or lease, which may
include a maximum fee that the State
may charge the holder of the grazing
permit or lease under paragraph (6)(C);
and
``(II) if the grazing permit or
lease is subsequently transferred, the
transfer shall be subject to the
requirement that the transferee
consents to the management by the State
of the applicable permit or lease, in
accordance with subclause (I); and
``(ii) a proposed allotment management plan
for the applicable allotment.
``(3) NEPA authority.--
``(A) In general.--At the request of the Governor
of a State--
``(i) a cooperative agreement shall include
an assignment of the responsibilities of the
Secretary concerned under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) to the State with respect to the
allotment management plans authorized under
paragraph (2); or
``(ii)(I) the Federal agency headed by the
Secretary concerned shall carry out the NEPA
process for each proposed action under an
allotment management plan authorized under
paragraph (2);
``(II) the applicable agricultural agency
of the State shall participate in the NEPA
process as a cooperating agency; and
``(III) any other Federal or State agency
may participate in the NEPA process as a
cooperating agency, as the applicable State
commission determines to be appropriate.
``(B) Multi-agency projects.--
``(i) Responsibilities of lead agency.--The
lead agency for a proposed action shall--
``(I) as soon as practicable and in
consultation with the cooperating
agencies, determine whether a proposed
action requires the preparation of an
environmental assessment or an
environmental impact statement; and
``(II) if the lead agency
determines under subclause (I) that an
environmental impact statement is
necessary--
``(aa) be responsible for
coordinating the preparation of
the environmental impact
statement;
``(bb) incorporate, to the
maximum extent practicable, any
applicable State or local
resource management plans into
the environmental impact
statement and environmental
assessment, as applicable;
``(cc) provide each
cooperating agency with an
opportunity to review and
contribute to the preparation
of the environmental impact
statement and environmental
assessment, as applicable, for
the proposed action, except
that a cooperating agency shall
limit comments to issues within
the special expertise or
jurisdiction of the cooperating
agency; and
``(dd) as soon as
practicable and in consultation
with the cooperating agencies,
determine the range of
alternatives to be considered
for the proposed action.
``(ii) Environmental documents.--
``(I) In general.--In carrying out
the NEPA process for a proposed action
under an allotment management plan
authorized under paragraph (2), the
lead agency, in consultation with the
cooperating agencies, shall prepare not
more than 1 of each type of document
described in subclause (II), as
applicable.
``(II) Documents described.--The
documents referred to in subclause (I)
are--
``(aa) an environmental
assessment;
``(bb) a finding of no
significant impact;
``(cc) an environmental
impact statement; and
``(dd) a record of
decision.
``(iii) Prohibition.--A cooperating agency
may not evaluate an alternative to the proposed
action that the lead agency has not determined
to be within the range of alternatives to be
considered under clause (i)(II)(dd).
``(C) Categorical exclusions.--With respect to the
allotment management plans authorized under paragraph
(2), the following actions shall qualify for a
categorical exclusion under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.):
``(i) The conduct of vegetation restoration
projects using a method such as--
``(I) aerial, drill, or broadcast
seeding;
``(II) disking;
``(III) mowing;
``(IV) chaining;
``(V) the use of a forestry
mulcher;
``(VI) prescribed fire;
``(VII) invasive species
management; or
``(VIII) any other method of
vegetation restoration that the
applicable State commission considers
to be appropriate.
``(ii) The conduct of pinyon or juniper
treatments using a method such as--
``(I) prescribed fire;
``(II) hand removal;
``(III) chaining;
``(IV) dozing;
``(V) the use of a forestry
mulcher; or
``(VI) any other method that a
State commission considers to be
appropriate.
``(iii) Any change to--
``(I) the type of domestic
livestock grazing on the applicable
allotment; or
``(II) the number of, or season of
use for, permitted animal unit months
that a State commission makes to the
allotment management plan.
``(iv) The installation of new fencing and
the maintenance and repair of existing fencing,
including--
``(I) the installation of cattle
guards;
``(II) the installation of new
fencing to adjust pasture boundaries;
``(III) the installation of new
gates; and
``(IV) the removal of fencing.
``(v) Water infrastructure improvements
described in paragraph (4).
``(vi) Any other activity that would
otherwise qualify for a categorical exclusion
under an allotment management plan, permit, or
lease for domestic livestock grazing.
``(4) Water infrastructure improvements.--A cooperative
agreement shall include, with respect to allotment management
plans authorized under paragraph (2), the assignment to the
State of the responsibilities of the Secretary concerned to
approve or construct water infrastructure improvements that are
appropriate for the improvement of public grazing, including--
``(A)(i) guzzlers, head boxes, ponds, pumps, tanks,
springs, wells, diversions, troughs, impoundments,
water control structures, and pipelines; or
``(ii) any other improvements that the applicable
State commission considers appropriate; and
``(B) any appurtenance to an improvement described
in subparagraph (A).
``(5) Access to land; water rights.--
``(A) In general.--The Secretary concerned--
``(i) shall provide access to the land
covered by an allotment management plan
authorized under paragraph (2), including for
the purpose of the construction of water
infrastructure improvements described in
paragraph (4); and
``(ii) shall not require as a condition of
a management activity under a cooperative
agreement an action that affects water rights.
``(B) Adjudication of water rights.--With respect
to the allotment management plans authorized under
paragraph (2), water rights under the authority of a
State by law shall be adjudicated by the State.
``(6) Grazing fees.--
``(A) In general.--A fee charged for domestic
livestock grazing under an allotment management plan
authorized under paragraph (2) and shared between the
State and the Secretary concerned in accordance with
subparagraph (B) shall be in an amount not greater than
the amount established for the applicable year under
Executive Order 12548 (43 U.S.C. 1905 note; relating to
grazing fees) (or a successor Executive order).
``(B) Revenue sharing.--
``(i) In general.--A cooperative agreement
shall include a provision for the sharing
between the State and the Secretary concerned
of revenue received from grazing fees described
in subparagraph (A).
``(ii) Requirement.--Revenue sharing under
this subparagraph shall be proportional to the
services that the State and the Secretary
concerned are required to provide under the
applicable cooperative agreement.
``(C) Additional fees.--In addition to any fee
charged under subparagraph (A), a State may charge
additional fees for domestic livestock grazing on land
covered by an allotment management plan administered by
the State under paragraph (2), the revenue from which
shall be retained by the State.
``(7) Wildfires.--
``(A) Wildfire rehabilitation.--In the case of a
catastrophic wildfire (as determined by the Secretary
concerned (or a designee of the Secretary concerned))
on land covered by an allotment management plan
authorized under paragraph (2), the Secretary concerned
shall rehabilitate the land in accordance with this
Act.
``(B) Compensation.--
``(i) In general.--If a State or the holder
of a grazing permit has posted a bond or
purchased insurance as described in paragraph
(14)(A)(iv), the Secretary concerned may seek
compensation for any damages caused by a
catastrophic wildfire, including the costs of
any rehabilitation efforts carried out under
subparagraph (A), from the bond or insurance
if--
``(I) not later than 60 days after
the date on which the wildfire is
brought under control, as determined by
the Secretary concerned, the Secretary
concerned--
``(aa) conducts an
investigation of the
catastrophic wildfire; and
``(bb) makes the results of
that investigation public;
``(II) as a result of that
investigation, the Secretary concerned
determines that negligent or deliberate
behavior by the State or the holder of
the grazing permit, as applicable,
contributed to the wildfire; and
``(III) the Secretary concerned is
able--
``(aa) to provide to the
State or the holder of the
grazing permit, as applicable,
an itemized list of damages;
and
``(bb) to ask for payment
of those damages from the
applicable bond or insurance.
``(ii) Disputes.--If a State or the holder
of a grazing permit disagrees with a
determination of the Secretary concerned under
subclause (II) of clause (i) or the valuation,
as determined by the Secretary concerned, of
any damages identified by the Secretary
concerned under subclause (III) of that clause,
the Secretary concerned may--
``(I) negotiate with the State or
holder; or
``(II) file an action for damages
in an appropriate district court of the
United States against the State or
holder.
``(C) Effect.--Nothing in this paragraph exempts
any individual or entity from any monetary or other
penalty due to criminal or negligent behavior.
``(8) State advisory commission.--
``(A) In general.--A Governor of a State that
enters into a cooperative agreement shall establish a
commission to advise the Governor on--
``(i) the substance and terms of the
cooperative agreement; and
``(ii) any matters relating to carrying out
the cooperative agreement.
``(B) Membership.--A State commission shall be
comprised of 14 members, of whom--
``(i) 11 shall be appointed by the Governor
of the applicable State, of whom--
``(I) 3 shall be holders of 1 or
more grazing permits or leases in the
State, each of whom, to the maximum
extent practicable, represent a
different industry;
``(II) 1 shall be a representative
of the State department of agriculture
(or any substantially similar State
agency);
``(III) 1 shall be a representative
of the State department of wildlife (or
any substantially similar State
agency);
``(IV) 1 shall be a representative
of a nationally or regionally
recognized agricultural organization;
``(V) 1 shall be a representative
of a nationally or regionally
recognized organization the mission of
which is to promote grazing of domestic
animals on public lands;
``(VI) 1 shall be a representative
of a conservation or environmental
organization;
``(VII) 1 shall be a representative
of a sportsmen's organization;
``(VIII) 1 shall be a
representative of other users of public
lands; and
``(IX) 1 shall be a representative
of land-grant colleges and universities
(as defined in section 1404 of the
National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) in the State with
expertise related to agricultural
grazing;
``(ii) 1 shall--
``(I) be appointed by the Secretary
of Agriculture; and
``(II) be a representative of the
Forest Service; and
``(iii) 2 shall be appointed by the
Secretary, of whom--
``(I) 1 shall be a representative
of the Bureau; and
``(II) 1 shall be a representative
of the United States Fish and Wildlife
Service.
``(C) Chair.--To manage the meetings of a State
commission, the Governor of the State shall appoint a
Chair of the State commission from among members
appointed to the State commission under subparagraph
(B)(i).
``(D) Quorum.--
``(i) In general.--Ten members of a State
commission shall constitute a quorum.
``(ii) Decisions.--With respect to the
duties described in subparagraph (E), decisions
of a State commission shall be made by majority
vote, a quorum being present.
``(E) Duties.--A State commission shall--
``(i) oversee the development of policies
for the operation and use of the allotment
management plans covered by the cooperative
agreement;
``(ii) be involved in, and stay informed
of, any dispute resolution necessary to ensure
that the administration of the applicable
allotment management plans by the State is in
accordance with--
``(I) this Act; and
``(II) the laws described in
subparagraphs (A) through (C) of
paragraph (11);
``(iii) assist, as necessary, in setting or
adjusting grazing permit or lease boundaries;
``(iv) assist and be involved in any other
decision that may affect the stability of--
``(I) the allotment management
plan; or
``(II) the holder of the grazing
permit or lease; and
``(v) adopt or approve the allotment
management plans covered by the cooperative
agreement.
``(9) Terms; conditions.--
``(A) Term of cooperative agreements.--A
cooperative agreement entered into under paragraph (2)
shall be for a term of 30 years.
``(B) Renewal of cooperative agreements.--
``(i) In general.--The Secretary concerned
shall agree to a renewal of a cooperative
agreement for an additional 30 years if--
``(I) the State requests that the
cooperative agreement be renewed;
``(II) the State has satisfied all
conditions of the cooperative
agreement; and
``(III) the applicable State
commission determines that monitoring
during the period of a grazing lease or
permit has shown positive outcomes in
the joint monitoring regimen under
paragraph (13).
``(ii) No other requirements or conditions
for renewal.--The Secretary concerned may not
impose any additional requirement or condition
for the renewal of a cooperative agreement
under this subparagraph.
``(C) Term of grazing leases and permits.--A permit
or lease for domestic livestock grazing on land covered
by a cooperative agreement shall--
``(i) be issued by the applicable State
agency for a term of 30 years beginning on the
date on which the applicable cooperative
agreement is entered into under paragraph (2)
or renewed under subparagraph (B), as
applicable; and
``(ii) contain only the terms and
conditions included in the applicable allotment
management plan adopted or approved by the
applicable State commission.
``(10) Enforcement of grazing leases and permits.--A State
entering into a cooperative agreement under this subsection may
enter into an agreement with any local law enforcement agency
for the enforcement of the terms of any permit or lease for
domestic livestock grazing on land covered by the cooperative
agreement if the area in which the law enforcement agency would
act under that agreement is within the jurisdiction of that
agency.
``(11) Applicable law.--In administering allotment
management plans under paragraph (2), a State shall be subject
to--
``(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
``(C) any other applicable Federal law (including
regulations) that is consistent with State
administration of allotment management plans under this
subsection.
``(12) Resolution of disputes.--
``(A) Authority of the interior board of land
appeals.--Nothing in this subsection provides to the
Interior Board of Land Appeals authority to hear a case
with respect to a decision relating to an allotment
management plan administered by a State under paragraph
(2).
``(B) State dispute resolution process.--
``(i) In general.--A cooperative agreement
shall provide for the development of a process
by the State to resolve disputes relating to a
decision by the State with respect to an
allotment management plan administered by the
State under the cooperative agreement,
including resolution of disputes through any
mediation authority available to the State on
the date of enactment of this subsection.
``(ii) Resolution.--A dispute described in
clause (i) shall be resolved in accordance with
the process developed under that clause.
``(C) Third-party disputes.--No party that is not
directly involved in the administration of an allotment
management plan by a State under paragraph (2) may
receive any costs or fees under section 2412 of title
28, United States Code, with respect to any action
brought to challenge any action taken with respect to
the allotment management plan.
``(13) Monitoring.--
``(A) In general.--A cooperative agreement shall
include provisions for a joint monitoring regimen for
the land covered by the applicable allotment management
plan to be conducted by the applicable State agency and
any applicable Federal agencies.
``(B) Requirement.--A joint monitoring regimen
implemented under subparagraph (A) shall comply with
the requirements of the applicable allotment management
plan, as adopted or approved by the applicable State
commission under paragraph (8)(E)(v).
``(C) Data collection.--To the maximum extent
practicable, all parties to the cooperative agreement
shall be present when data are collected under the
joint monitoring regimen carried out under this
paragraph.
``(D) Availability of findings.--The findings of
any monitoring carried out under this paragraph shall
be made available to the Secretary concerned.
``(14) Termination.--
``(A) Termination of allotment management plans by
the secretary concerned.--
``(i) Notification of noncompliance.--If
the Secretary concerned determines that a State
is not adequately carrying out the
responsibilities of the State under an
allotment management plan covered by a
cooperative agreement, the Secretary concerned
shall--
``(I) notify the State of the
determination of noncompliance with the
applicable allotment management plan;
and
``(II) on request of the Governor
of the State, provide the State with a
description of each responsibility of
the State under the applicable
allotment management plan that is in
need of corrective action.
``(ii) Corrective action.--A State shall
take corrective action with respect to each
area of noncompliance for which the Secretary
concerned has made a determination of
noncompliance under clause (i) by--
``(I) the date that is 1 year after
the date on which the Secretary
concerned notifies the State under
clause (i)(I); or
``(II) if the Secretary concerned
determines an extension is appropriate,
the date that is 120 days after the
deadline described in subclause (I).
``(iii) Termination.--Subject to clause
(iv), if a State has not taken satisfactory
corrective action, as determined by the
Secretary concerned, by the applicable date
described in clause (ii), the Secretary
concerned shall terminate the applicable
allotment management plan.
``(iv) Effect of bond and insurance.--The
Secretary concerned may not terminate an
applicable allotment management plan covered by
a cooperative agreement under this subparagraph
if the State or the holder of a grazing permit
or lease covered by the cooperative agreement
has posted a bond or purchased insurance that,
in the determination of the Secretary
concerned, is sufficient to cover the cost of
any potential harm to the applicable land that
is caused by the State or the holder, as
applicable.
``(B) Termination of allotment management plan by
the state.--
``(i) In general.--Subject to clause (ii),
a State may terminate an applicable allotment
management plan covered by a cooperative
agreement entered into under this subsection at
any time.
``(ii) Notice required.--A State shall
provide to the Secretary concerned notice of
any termination of an applicable allotment
management plan covered by a cooperative
agreement under clause (i) not less than 90
days before the date on which that termination
shall take effect.
``(C) Revocation of consent by the permittee.--
``(i) In general.--The holder of a grazing
permit or lease that has consented to
management by the State of the permit or lease
under subclause (I) or (II) of paragraph
(2)(B)(i) may revoke that consent at any time.
``(ii) Termination.--On revocation of
consent to management by the State of the
permit or lease under clause (i), the
applicable allotment management plan shall be
terminated.
``(D) Effect of termination or revocation.--On
termination of an applicable allotment management plan
covered by a cooperative agreement under subparagraph
(A), (B), or (C)--
``(i) management of the applicable
allotment shall revert to the Secretary
concerned;
``(ii) the allotment shall be managed in
accordance with the authorities under which the
allotment was managed before the date on which
the Secretary concerned entered into the
cooperative agreement, including any allotment
management plan that applied to the allotment
before that date; and
``(iii) no new NEPA process shall be
required with respect to the use, in accordance
with clause (ii), of an allotment management
plan that applied to the allotment before the
date on which the Secretary concerned entered
into the cooperative agreement.''.
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