Text: S.896 — 103rd Congress (1993-1994)All Information (Except Text)

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Introduced in Senate (05/05/1993)

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 896 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 896

To amend the Federal Land Policy and Management Act of 1976 to promote 
ecologically healthy and biologically diverse ecosystems on rangelands 
      used for domestic livestock grazing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 5 (legislative day, April 19), 1993

Mr. Metzenbaum (for himself and Mr. Jeffords) 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 promote 
ecologically healthy and biologically diverse ecosystems on rangelands 
      used for domestic livestock grazing, 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 ``Rangelands Restoration Act of 
1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Federal Government has a public trust 
        responsibility for the Federal lands of the United States for 
        present and future generations;
            (2) the Federal rangelands and riparian areas administered 
        by the Bureau of Land Management and the Forest Service should 
        be managed in such a manner as will restore and maintain a 
        complete spectrum of native plant, fish, and wildlife species 
        in healthy range and riparian ecosystems;
            (3) a substantial quantity of Federal rangelands is in a 
        deteriorated condition as a consequence of improper domestic 
        livestock grazing management practices;
            (4)(A) measures taken by the Bureau of Land Management and 
        the Forest Service to improve the condition of Federal 
        rangelands are not resulting in significant progress towards 
        the achievement of ecologically healthy and biologically 
        diverse range and riparian ecosystems for these lands; and
            (B) alternative methods of Federal rangelands management 
        are needed; and
            (5) the Federal land management agencies have an 
        affirmative responsibility to--
                    (A) assess the condition of Federal rangelands; and
                    (B) approve activities on the rangelands only when 
                available data support the agency action.

SEC. 3. DEFINITIONS.

    Section 103 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1702) is amended--
            (1) by striking subsection (k) and inserting the following 
        new subsection:
    ``(k) The term `allotment management plan' means a plan that--
            ``(1) is prepared under section 402(d);
            ``(2) applies to livestock operations on one or more 
        allotments;
            ``(3) will achieve the management objectives described in 
        section 402(b)(5); and
            ``(4) is prepared in consultation with the permit holder 
        and other interested persons.'';
            (2) by striking subsection (o) and inserting the following 
        new subsection:
    ``(o) The term `16 contiguous Western States' means the States of 
Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, 
Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, 
Washington, and Wyoming.'';
            (3) in subsection (p), by striking ``eleven contiguous 
        western'' and inserting ``16 contiguous Western''; and
            (4) by adding at the end the following new subsections:
    ``(q) The term `allotment' means a parcel of land that is--
            ``(1) located within public lands or National Forest System 
        lands located within 1 or more of the 16 contiguous Western 
        States; and
            ``(2) used for livestock grazing pursuant to a grazing 
        permit or lease issued by the appropriate Secretary.
    ``(r) The term `appropriate Secretary' means--
            ``(1) with respect to lands under the jurisdiction of the 
        Bureau, the Secretary; and
            ``(2) with respect to lands under the jurisdiction of the 
        Forest Service, the Secretary of Agriculture.
    ``(s) The term `declining trend' means a trend away from achieving 
the management objectives described in section 402(b)(5).
    ``(t) The term `grazing actions and decisions' means all actions 
and decisions significantly affecting livestock grazing on an 
allotment, including--
            ``(1) the issuance, renewal, or modification of grazing 
        permits or leases, livestock grazing schedules, or management 
        stipulations;
            ``(2) the modification of the terms or conditions of 
        grazing permits or leases;
            ``(3) the approval or denial of applications for livestock 
        grazing use or nongrazing use;
            ``(4) the temporary or permanent closure of areas for 
        livestock grazing; and
            ``(5) annual seasonal or temporary adjustments in livestock 
        numbers.
    ``(u) The term `interested person' means a person who has expressed 
in writing a desire to be notified of grazing actions and decisions 
made with respect to a particular allotment, group of allotments, or 
planning area.
    ``(v) The term `livestock carrying capacity' means the maximum 
stocking rate of an allotment, under the then current conditions on the 
allotment and given the range improvements, livestock grazing systems, 
and livestock distribution on the allotment, that meets the management 
objectives described in section 402(b)(5), as determined by the 
appropriate Secretary under section 402(b)(8).
    ``(w) The term `livestock grazing' means the grazing of domestic 
livestock on public lands or National Forest System lands located 
within 1 or more of the 16 contiguous Western States.
    ``(x) The term `livestock grazing year' means the year that begins 
on March 1 of a given year and ends on the last day of February of the 
following year.
    ``(y) The term `permit holder' means a person who holds a grazing 
permit or lease issued by the appropriate Secretary for an allotment.
    ``(z) The term `potential natural vegetation' means thriving 
communities of the permanent, diverse species of vegetation that were 
native to an area prior to European settlement or disturbance of the 
area.
    ``(aa) The term `proper functioning condition', with respect to a 
riparian area, means that the riparian area--
            ``(1) dissipates energy associated with high water flows 
        and as a result reduces erosion and improves water quality;
            ``(2) filtrates sediment and nutrients with resulting 
        positive flood plain development;
            ``(3) contributes to the root mass development of riparian-
        dependent species of vegetation;
            ``(4) has stabilized stream banks;
            ``(5) has developed ponds and channel characteristics that 
        provide habitats and water depth, duration, and temperature 
        necessary for fish production, waterfowl breeding, and other 
        wildlife benefits; and
            ``(6) promotes greater biological diversity.
    ``(bb) The term `range condition' has the same meaning as is 
provided in section 3(d) of the Public Rangelands Improvement Act of 
1978 (43 U.S.C. 1901(d)).
    ``(cc) The term `trend' means the direction of change over time, 
towards or away from achieving the management objectives described in 
section 402(b)(5).''.

SEC. 4. GRAZING REFORM.

    Title IV of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751 et seq.) is amended to read as follows:

                      ``TITLE IV--RANGE MANAGEMENT

``SEC. 401. GRAZING FEES AND STEWARDSHIP INCENTIVE PROGRAM.

    ``(a) Fair Market Value Fees.--
            ``(1) In general.--For the first livestock grazing year 
        that begins after the date of enactment of this paragraph, and 
        for each livestock grazing year thereafter, the appropriate 
        Secretary shall determine fees for livestock grazing based on 
        the private grazing land lease rate established by the National 
        Agricultural Statistics Service of the Department of 
        Agriculture for the 6 pricing areas in the 16 contiguous 
        Western States.
            ``(2) Applicability.--Subject to subsection (b), the fees 
        referred to in paragraph (1) shall apply to all permit holders.
            ``(3) Minimum amount of fees.--Notwithstanding any other 
        provision of this title, for each livestock grazing year, the 
        receipts from livestock grazing fees (after the application of 
        stewardship incentive credits under subsection (b)) shall, at a 
        minimum, cover the costs to the Federal Government of 
        administering livestock grazing activities, including the costs 
        of annual monitoring of the allotment to ensure compliance with 
        the terms of the stewardship incentive program established 
        under subsection (b).
    ``(b) Stewardship Incentive Program.--
            ``(1) Establishment.--The appropriate Secretary shall 
        establish a stewardship incentive program (referred to in this 
        subsection as the `program') to provide for stewardship 
        incentive credits (referred to in this subsection as `incentive 
        credits') against livestock grazing fees for permit holders who 
        maintain ecologically healthy rangelands.
            ``(2) Eligibility.--
                    ``(A) In general.--A permit holder shall be 
                eligible to participate in the program if--
                            ``(i) the permit holder has held a grazing 
                        permit or lease for the allotment to which the 
                        incentive credit will apply for at least 5 
                        years; and
                            ``(ii) an ecological site inventory has 
                        been completed for the allotment, in accordance 
                        with guidelines prepared by the Soil 
                        Conservation Service of the Department of 
                        Agriculture.
                    ``(B) Disqualification.--A permit holder shall be 
                ineligible to participate in the program if--
                            ``(i) the permit holder is committing a 
                        violation of this title or any applicable 
                        Federal or State environmental law related to 
                        the grazing of domestic livestock on Federal 
                        rangelands; or
                            ``(ii) with respect to an allotment of a 
                        permit holder, the annual monitoring data 
                        available to the appropriate Secretary under 
                        paragraph (6) show that the allotment--
                                    ``(I) reflects a declining trend 
                                during the 2 years beginning on the 
                                date of enactment of this subclause; or
                                    ``(II) reflects a stable trend but 
                                is in fair or poor condition.
            ``(3) Applications.--
                    ``(A) Submission.--To be eligible to participate in 
                the program, a permit holder must file a written 
                application requesting an incentive credit with the 
                Bureau or Forest Service district office with 
                jurisdiction over the allotment.
                    ``(B) Contents.--Each application for an incentive 
                credit shall include--
                            ``(i) the name and address of the permit 
                        holder and, if different from the permit 
                        holder, the owner of the base property (as 
                        defined in section 4100.0-5 of title 43, Code 
                        of Federal Regulations);
                            ``(ii) documentation of the condition and 
                        trend of the allotment prepared by a range 
                        specialist employed by the Bureau or the Forest 
                        Service;
                            ``(iii) evidence of the length of time 
                        during which the permit holder has grazed 
                        domestic livestock on the allotment; and
                            ``(iv) if an allotment management plan is 
                        required to receive an incentive credit, a copy 
                        of the allotment management plan.
                    ``(C) Review.--The appropriate Secretary shall 
                promptly review a submitted application for an 
                incentive credit.
                    ``(D) Decision by the appropriate secretary.--Not 
                later than 60 days after receiving a complete written 
                application, the appropriate Secretary shall notify the 
                permit holder whether the permit holder is eligible to 
                participate in the program.
                    ``(E) Late submission.--If the permit holder 
                submits a complete application later than the date that 
                is 60 days prior to the beginning of a livestock 
                grazing year, the permit holder shall be eligible for 
                the incentive credit only for the duration of the 
                livestock grazing year that remains after the 
                appropriate Secretary notifies the permit holder in 
                accordance with subparagraph (D).
            ``(4) Incentive factors.--
                    ``(A) Application.--The livestock grazing fee for 
                each permit holder shall be calculated at the beginning 
                of each livestock grazing year. Except as provided in 
                paragraph (3)(E), each eligible permit holder shall 
                have an incentive factor applied to the livestock 
                grazing fee at the beginning of the livestock grazing 
                year.
                    ``(B) Factors.--
                            ``(i) Twenty-five percent reduction.--A 25 
                        percent reduction in the annual livestock 
                        grazing fee shall be available for a permit 
                        holder on an allotment or portion of an 
                        allotment that the appropriate Secretary 
                        determines has cover--
                                    ``(I) that consists of potential 
                                natural vegetation or that is 
                                reasonably anticipated to consist of 
                                potential natural vegetation; or
                                    ``(II) that consists of less than 
                                the condition described in subclause 
                                (I), if the permit holder--
                                            ``(aa) has entered into an 
                                        allotment management plan 
                                        consistent with the management 
                                        objectives described in section 
                                        402(b)(5); and
                                            ``(bb) has complied with 
                                        the terms of the allotment 
                                        management plan for at least 2 
                                        consecutive years, based on the 
                                        annual monitoring data 
                                        available to the appropriate 
                                        Secretary under paragraph (6).
                            ``(ii) Additional 25 percent reduction.--In 
                        addition to the reduction authorized under 
                        clause (i), a 25 percent reduction in the 
                        annual livestock grazing fee shall be available 
                        for a permit holder on an allotment or portion 
                        of an allotment who meets the criteria under 
                        clause (i)(I), if--
                                    ``(I) the annual monitoring data 
                                available to the appropriate Secretary 
                                under paragraph (6) for the allotment 
                                indicates that the allotment has cover 
                                that consists of potential natural 
                                vegetation or that reflects an 
                                improving trend towards potential 
                                natural vegetation;
                                    ``(II) the permit holder certifies, 
                                and the Secretary of Agriculture 
                                confirms, that the livestock operation 
                                is not participating in any animal 
                                damage control program under the Act of 
                                March 2, 1931 (46 Stat. 1468, chapter 
                                370; 7 U.S.C. 426);
                                    ``(III) all of the riparian areas 
                                in the allotment are in proper 
                                functioning condition; and
                                    ``(IV) the objectives of the 
                                allotment management plan for the 
                                allotment and the applicable land use 
                                plan prepared pursuant to section 202, 
                                or the land and resource management 
                                plan prepared pursuant to section 6 of 
                                the Forest and Rangeland Renewable 
                                Resources Planning Act of 1974 (16 
                                U.S.C. 1604), are being met.
            ``(5) Special applicability rules.--
                    ``(A) Entire allotment qualifies for incentive 
                credit.--If more than 1 permit holder is utilizing an 
                allotment, the incentive credit shall apply to all 
                permit holders within the allotment if the entire 
                allotment qualifies for an incentive credit.
                    ``(B) Portion qualifies for incentive credit.--
                            ``(i) In general.--Subject to clause (ii), 
                        if only a portion of the allotment qualifies 
                        for an incentive credit, the incentive credit 
                        shall apply only to the forage value in the 
                        qualifying pasture within the allotment.
                            ``(ii) Upland and lowland portions.--Both 
                        the upland and the lowland or riparian portions 
                        of the pasture must qualify for the incentive 
                        credit in order for the credit to apply to the 
                        pasture.
            ``(6) Monitoring.--
                    ``(A) In general.--On an annual basis, the 
                appropriate Secretary shall monitor each allotment or 
                portion of each allotment included in the program.
                    ``(B) Unavailable data.--If monitoring data for an 
                allotment are not available to determine compliance 
                with the terms of the program in a year, the incentive 
                credit shall not be available for the allotment for the 
                year.
    ``(c) Fee Receipt Expenditures.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the appropriate Secretary shall use the funds described in 
        paragraph (3) for--
                    ``(A) the restoration and enhancement of fish and 
                wildlife habitats;
                    ``(B) the restoration and improved management of 
                riparian areas; and
                    ``(C) the implementation and enforcement of 
                allotment management plans, allotment plans required 
                under section 402(b)(3)(B)(ii), and regulations 
                regarding the use of lands for livestock grazing 
                developed pursuant to this title.
            ``(2) Distribution.--The funds described in paragraph (3) 
        shall be distributed as the appropriate Secretary considers 
        appropriate after consultation and coordination with the 
        advisory councils established pursuant to section 309 and other 
        interested persons.
            ``(3) Funds.--In carrying out this subsection, the 
        appropriate Secretary shall use funds appropriated pursuant 
        to--
                    ``(A) this section;
                    ``(B) section 5 of the Public Rangelands 
                Improvement Act of 1978 (43 U.S.C. 1904); or
                    ``(C) any other provision of law relating to the 
                disposition of the Federal share of receipts for 
                livestock grazing on public lands or National Forest 
                System lands located within the 16 contiguous Western 
                States.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of the Interior and the Department of 
Agriculture amounts equal to amounts received in the Treasury under 
this section.

``SEC. 402. GRAZING PERMITS AND LEASES.

    ``(a) In General.--
            ``(1) Permit requirement.--In order to engage in livestock 
        grazing on an allotment, a person must obtain from the 
        appropriate Secretary a grazing permit or lease under 
        applicable law.
            ``(2) Eligibility.--A person described in paragraph (1) who 
        is in violation of this title may not receive or renew a 
        grazing permit or lease.
    ``(b) Terms and Conditions.--
            ``(1) Conditions for issuance and renewal.--
                    ``(A) Allotment review and evaluation.--
                            ``(i) In general.--Prior to the issuance or 
                        renewal of a grazing permit or lease, the 
                        appropriate Secretary, with the participation 
                        of interested persons, shall utilize available 
                        information to determine--
                                    ``(I) the extent to which the 
                                allotment contains a complete spectrum 
                                of native plant, fish, and wildlife 
                                species in healthy range and riparian 
                                ecosystems;
                                    ``(II) the status and trend of the 
                                vegetation of the allotment;
                                    ``(III) the suitability of the 
                                allotment for livestock grazing as 
                                determined under section 403; and
                                    ``(IV) the degree to which the 
                                management objectives described in 
                                paragraph (5) and in the applicable 
                                land use plan prepared pursuant to 
                                section 202, or the land and resource 
                                management plan prepared pursuant to 
                                section 6 of the Forest and Rangeland 
                                Renewable Resources Planning Act of 
                                1974 (16 U.S.C. 1604), have been and 
                                are being met with respect to the 
                                allotment.
                            ``(ii) Grazing preference.--In carrying out 
                        the allotment review and evaluation under 
                        clause (i), the appropriate Secretary shall 
                        determine the grazing preference (as defined in 
                        section 4100.0-5 of title 43, Code of Federal 
                        Regulations) for the allotment based on the 
                        livestock carrying capacity of the allotment.
                    ``(B) Issuance.--The appropriate Secretary shall 
                issue a grazing permit or lease for an allotment if--
                            ``(i) the information described in 
                        subparagraph (A)(i) is available;
                            ``(ii) the appropriate Secretary finds that 
                        the permit or lease will meet the management 
                        objectives described in paragraph (5); and
                            ``(iii) the appropriate Secretary finds 
                        that the lands in the allotment are suitable 
                        for livestock grazing.
            ``(2) Components.--Each grazing permit or lease shall--
                    ``(A) indicate the authorized number of livestock 
                that may be grazed on the allotment, as determined in 
                accordance with the management objectives described in 
                paragraph (5), taking into account the impact of 
                livestock grazing on other resources and uses (except 
                that the authorized number may not be in excess of the 
                livestock carrying capacity of the allotment);
                    ``(B) indicate the authorized period of livestock 
                grazing use for the allotment, including the beginning 
                and ending dates for each period of use;
                    ``(C) indicate the type, location, and ownership of 
                the lands and water that are subject to the permit or 
                lease, including the boundaries of the lands and water;
                    ``(D) include an approved allotment management plan 
                (if a plan is required to receive a stewardship 
                incentive credit under section 401(b));
                    ``(E) describe the range improvements that exist on 
                the allotment as of the date of issuance of the permit 
                or lease;
                    ``(F) describe the monitoring measures that will be 
                used to ensure that the terms of the permit or lease 
                and the allotment plan required under paragraph 
                (3)(B)(ii) will be achieved;
                    ``(G) describe data on water quality that are 
                available for water resources located within the 
                allotment; and
                    ``(H) include such additional information as the 
                appropriate Secretary determines is appropriate.
            ``(3) Conditions.--
                    ``(A) In general.--Each permit or lease shall 
                contain the conditions described in subparagraph (B).
                    ``(B) Conditions.--
                            ``(i) Public right of access.--The public 
                        has a right of access to the allotment.
                            ``(ii) Implementation of allotment plan.--
                        The permit holder shall be responsible for the 
                        development and successful implementation of an 
                        allotment plan for the allotment.
                            ``(iii) Wildlife.--The permit holder may 
                        not preclude wildlife and wild and free roaming 
                        horses and burros from access to any portion of 
                        the allotment, including any water development, 
                        without the prior approval of the appropriate 
                        Secretary.
                            ``(iv) Modification by appropriate 
                        secretary.--At the discretion of the 
                        appropriate Secretary, the appropriate 
                        Secretary may review the range condition of the 
                        allotment and modify the terms of the permit or 
                        lease to meet the management objectives 
                        described in paragraph (5).
            ``(4) Terms.--
                    ``(A) Regular term.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B), a grazing permit or lease 
                        described in clause (ii) shall apply for a term 
                        of 10 years.
                            ``(ii) Permits and leases.--The permit or 
                        lease referred to in clause (i) is a permit or 
                        lease--
                                    ``(I) issued by the Secretary--
                                            ``(aa) under the Act 
                                        entitled `An Act to stop injury 
                                        to the public grazing lands by 
                                        preventing overgrazing and soil 
                                        deterioration, to provide for 
                                        their orderly use, improvement, 
                                        and development, to stabilize 
                                        the livestock industry 
                                        dependent upon the public 
                                        range, and for other purposes', 
                                        approved June 28, 1934 (43 
                                        U.S.C. 315b) (commonly known as 
                                        the `Taylor Grazing Act'); or
                                            ``(bb) under section 4 of 
                                        the Act entitled `An Act 
                                        relating to the revested Oregon 
                                        and California Railroad and 
                                        reconveyed Coos Bay Wagon Road 
                                        grant lands situated in the 
                                        state of Oregon', approved 
                                        August 28, 1937 (43 U.S.C. 
                                        1181d); or
                                    ``(II) issued by the Secretary of 
                                Agriculture under section 19 of the Act 
                                entitled `An Act to facilitate and 
                                simplify the work of the Forest 
                                Service, and for other purposes', 
                                approved April 24, 1950 (16 U.S.C. 
                                580l) (commonly known as the `Granger-
                                Thye Act'), with respect to National 
                                Forest System lands located within 1 or 
                                more of the 16 contiguous Western 
                                States.
                    ``(B) Shorter terms.--A grazing permit or lease may 
                be issued by the appropriate Secretary for a term 
                shorter than 10 years if the appropriate Secretary 
                determines that--
                            ``(i) the lands are pending disposal;
                            ``(ii) the lands will be devoted to a 
                        public purpose or be designated unsuitable for 
                        livestock grazing prior to the end of 10 years; 
                        or
                            ``(iii) it is in the best interest of sound 
                        land management to specify a shorter term.
            ``(5) Management objectives.--
                    ``(A) In general.--A grazing permit or lease shall 
                be consistent with the management objectives described 
                in subparagraph (B).
                    ``(B) Objectives.--
                            ``(i) Vegetation.--The vegetation on the 
                        allotment reflects--
                                    ``(I) an improving trend towards 
                                known or reasonably anticipated 
                                potential natural vegetation; or
                                    ``(II) a stable condition after 
                                being improved as described in 
                                subclause (I).
                            ``(ii) Riparian systems.--The riparian 
                        systems are in proper functioning condition.
                            ``(iii) Water resources.--Water resources 
                        within the allotment are in compliance with 
                        applicable water quality standards, and 
                        livestock grazing does not cause erosion in the 
                        allotment.
                            ``(iv) Wildlife.--The allotment supports a 
                        complete spectrum of indigenous plant, fish, 
                        and wildlife species.
                            ``(v) Plans.--The condition of the 
                        allotment reflects satisfactory progress in 
                        meeting--
                                    ``(I) the objectives of the land 
                                use plan prepared pursuant to section 
                                202, or the land and resource 
                                management plan prepared pursuant to 
                                section 6 of the Forest and Rangeland 
                                Renewable Resources Planning Act of 
                                1974 (16 U.S.C. 1604), applicable to 
                                the allotment; and
                                    ``(II) other objectives established 
                                by the appropriate Secretary in any 
                                applicable allotment management plan or 
                                rangeland evaluation.
            ``(6) Priority for renewal.--The permit holder of an 
        expiring grazing permit or lease shall be given first priority 
        for receipt of a new grazing permit or lease if--
                    ``(A) the lands for which the grazing permit or 
                lease is issued remain available for livestock grazing 
                in accordance with this title and with land use plans 
                prepared pursuant to section 202 or land and resource 
                management plans prepared pursuant to section 6 of the 
                Forest and Rangeland Renewable Resources Planning Act 
                of 1974 (16 U.S.C. 1604);
                    ``(B) the permit holder is in compliance with the 
                applicable rules and regulations issued, and the terms 
                and conditions of the expiring grazing permit or lease 
                specified, by the appropriate Secretary; and
                    ``(C) the permit holder accepts the terms and 
                conditions to be included by the appropriate Secretary 
                in the new grazing permit or lease.
            ``(7) Existing permits.--A grazing permit or lease in 
        effect on the date of enactment of this paragraph shall comply 
        with the requirements of this title not later than the earlier 
        of--
                    ``(A) 10 years after the date; or
                    ``(B) the date of expiration of the grazing permit 
                or lease.
            ``(8) Determination of livestock carrying capacity.--
                    ``(A) In general.--The appropriate Secretary shall 
                determine the livestock carrying capacity of an 
                allotment.
                    ``(B) Consideration of information.--In making a 
                determination under subparagraph (A), the appropriate 
                Secretary shall consider all available information 
                regarding the allotment, including range monitoring 
                data, range surveys, vegetation inventories, field 
                observations, and the number of animals that used the 
                rangeland forage on the allotment during past grazing 
                seasons.
                    ``(C) Estimates.--If the appropriate Secretary 
                determines that additional information is needed for an 
                accurate determination of livestock carrying capacity, 
                the appropriate Secretary shall estimate the capacity 
                on the basis of the best available information.
                    ``(D) Consideration of certain range 
                improvements.--If the appropriate Secretary plans or 
                anticipates range improvements, livestock grazing 
                systems, or improvements in livestock distribution that 
                will increase livestock carrying capacity, the effects 
                of the improvements shall not be considered in the 
                determination of livestock carrying capacity until the 
                improvements are in place and operative.
    ``(c) Cancellation, Suspension, or Modification.--
            ``(1) In general.--The appropriate Secretary may--
                    ``(A) cancel, suspend, or modify a grazing permit 
                or lease, in whole or in part, pursuant to the terms 
                and conditions of the permit or lease;
                    ``(B) cancel or suspend a grazing permit or lease 
                for any violation of a livestock grazing regulation or 
                any term or condition of the grazing permit or lease; 
                or
                    ``(C) cancel, suspend, or modify a grazing permit 
                or lease if necessary or appropriate to--
                            ``(i) meet a management objective described 
                        in subsection (b)(5);
                            ``(ii) conform with an applicable allotment 
                        management plan;
                            ``(iii) manage, maintain, or improve 
                        rangeland productivity; or
                            ``(iv) comply with another law.
            ``(2) Compensation for certain cancellations.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a grazing permit or lease is canceled in whole or in 
                part in order to devote the lands that are the subject 
                of the grazing permit or lease to another public 
                purpose, including disposal, the permit holder shall 
                receive from the United States a reasonable 
                compensation for the adjusted value (to be determined 
                by the appropriate Secretary) of, or the interest of 
                the permit holder (based on capital expenditures) in, 
                authorized permanent improvements placed or constructed 
                by the permit holder on lands that are the subject of 
                the grazing permit or lease.
                    ``(B) Maximum amount.--Compensation under 
                subparagraph (A) may not exceed the fair market value 
                of the terminated portion of the interest of the permit 
                holder in the improvements.
                    ``(C) Notification.--Except in a case of an 
                emergency or when necessary to comply with applicable 
                Federal or State law or to meet a management objective 
                described in subsection (b)(5), a grazing permit or 
                lease may not be canceled under this subsection unless 
                the permit holder is notified not later than 2 years 
                before the cancellation.
    ``(d) Allotment Management Plans.--
            ``(1) In general.--The appropriate Secretary may enter into 
        an allotment management plan with 1 or more permit holders, 
        after notice and opportunity for comment from interested 
        persons, that prescribes the manner in and extent to which 
        livestock operations will be conducted to achieve the 
        management objectives described in subsection (b)(5).
            ``(2) Updates and revisions.--
                    ``(A) In general.--A plan may be updated and 
                revised after consultation with the affected permit 
                holders and other interested persons concerning the 
                allotments subject to the plan.
                    ``(B) Adjustments in capacity.--The updated or 
                revised plan may include such adjustments in the 
                livestock carrying capacity as are necessary to carry 
                out this title.
            ``(3) Priority for plans.--In the development of allotment 
        management plans, the appropriate Secretary shall give priority 
        to watershed maintenance and restoration, incorporating 1 or 
        more allotments, as the case may be.
            ``(4) Implementation.--An allotment management plan shall 
        include attainable and enforceable goals and shall be fully 
        implemented not later than 5 years after the date of approval 
        of the plan by the appropriate Secretary.
            ``(5) Effect of allotment management plans on non-federal 
        lands.--An allotment management plan shall not apply to 
        livestock operations or range improvements on non-Federal lands 
        unless the non-Federal lands are intermingled with, or, with 
        the consent of the permit holder involved, associated with, the 
        Federal lands subject to the plan.
            ``(6) Right of appeal from allotment management plans.--The 
        appropriate Secretary shall grant to permit holders the right 
        of appeal from decisions that specify the terms and conditions 
        of allotment management plans. The preceding sentence is not 
        intended to limit any other right of appeal from decisions of 
        the appropriate Secretary.
    ``(e) Nongrazing Status.--
            ``(1) In general.--If an agency or a subdivision of a 
        State, a nongovernmental organization, or a private person is a 
        permit holder, and notifies the appropriate Secretary that the 
        permit holder intends to withdraw from livestock grazing some 
        or all of the forage available for livestock grazing under the 
        grazing permit or lease of the permit holder for the purpose of 
        conservation, wildlife enhancement, or recreation, the 
        appropriate Secretary shall place the forage in nongrazing 
        status for the interval specified by the permit holder at the 
        time of notification.
            ``(2) Status of withdrawn forage.--Forage placed in 
        nongrazing status under paragraph (1) shall not be available 
        for livestock grazing under any grazing permit or lease. In 
        preparing and revising land use plans prepared pursuant to 
        section 202, or land and resource management plans prepared 
        pursuant to section 6 of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1604), for the 
        affected lands, the appropriate Secretary shall take into 
        account the unavailability of the forage for livestock grazing.
            ``(3) Special priority for renewal.--The permit holder of 
        an expiring grazing permit or lease who has had some or all of 
        the forage that is the subject of the grazing permit or lease 
        placed in nongrazing status under this subsection shall be 
        given the first priority for receipt of a new grazing permit or 
        lease for the lands that are the subject of the expiring 
        grazing permit or lease.
            ``(4) Adjustment of fee.--Any livestock grazing fee 
        otherwise applicable to an allotment shall be reduced to the 
        extent that forage on the allotment is in nongrazing status 
        under this subsection.
    ``(f) Riparian Restoration.--
            ``(1) Goals.--All actions taken under this section in the 
        review and issuance or renewal of grazing permits and leases 
        shall be consistent with the goals of--
                    ``(A) restoring 75 percent of riparian areas in the 
                48 contiguous States to proper functioning condition by 
                1997; and
                    ``(B) restoring all riparian areas on public lands 
                and National Forest System lands in the 48 contiguous 
                States to proper functioning condition by 2005.
            ``(2) Use of available information.--The appropriate 
        Secretary shall determine consistency with the goals described 
        in paragraph (1) on the basis of information available to the 
        appropriate Secretary.
    ``(g) Prohibition of Transfers of Permit Rights and Privately Owned 
Lands.--
            ``(1) Annual statement of ownership and control.--The 
        appropriate Secretary shall require each permit holder to 
        annually file an affidavit stating that the permit holder owns 
        and controls all livestock that the permit holder is knowingly 
        allowing to graze on lands that are the subject of the grazing 
        permit or lease of the permit holder.
            ``(2) Voluntary transfers.--
                    ``(A) Subleases.--
                            ``(i) In general.--A person may not 
                        knowingly sublease with respect to a right 
                        granted by a grazing permit or lease.
                            ``(ii) Penalties.--
                                    ``(I) Permit holders.--A permit 
                                holder who knowingly subleases on lands 
                                that are the subject of the grazing 
                                permit or lease of the holder shall--
                                            ``(aa) be disqualified from 
                                        the further exercise of any 
                                        right or privilege conferred by 
                                        the permit or lease or by any 
                                        other permit or lease;
                                            ``(bb) forfeit to the 
                                        United States any remaining 
                                        value of the livestock grazing 
                                        fee paid or payable to the 
                                        United States with respect to 
                                        the permit or lease; and
                                            ``(cc) be subject to the 
                                        penalties described in section 
                                        303.
                                    ``(II) Other persons.--Any person 
                                other than the permit holder who 
                                knowingly subleases shall be subject to 
                                the penalties described in section 303.
                            ``(iii) Definition of sublease.--As used in 
                        this subparagraph, the term `sublease' means to 
                        graze domestic livestock on lands that are the 
                        subject of a grazing permit or lease if the 
                        livestock are not both owned and controlled by 
                        the permit holder.
                    ``(B) Voluntary transfers of privately owned 
                lands.--
                            ``(i) In general.--A grazing permit or 
                        lease shall terminate 30 days after the 
                        effective date of any lease, conveyance, 
                        transfer, or other voluntary action on the part 
                        of a permit holder that has the effect of 
                        removing from the control of the permit holder 
                        the privately owned lands, or any part of the 
                        lands, with respect to which preference was 
                        granted in the issuance of the grazing permit 
                        or lease.
                            ``(ii) Prohibition of future grazing.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no 
                                livestock grazing pursuant to a permit 
                                or lease transferred under clause (i) 
                                shall be permitted after a termination 
                                described in clause (i).
                                    ``(II) Exception.--If, prior to a 
                                termination described in clause (i), 
                                the person who has obtained or will 
                                obtain the control of the privately 
                                owned lands or part of the lands 
                                submits an application for a grazing 
                                permit or lease with respect to the 
                                lands, and if the appropriate Secretary 
                                believes that the application will be 
                                approved, the appropriate Secretary may 
                                allow livestock grazing to continue for 
                                not longer than the remainder of the 
                                grazing year during which the 
                                application was submitted.
            ``(3) Involuntary transfers.--
                    ``(A) Death of the permit holder.--
                            ``(i) Termination.--Except as provided in 
                        clause (ii), a grazing permit or lease shall 
                        terminate upon the death of the permit holder.
                            ``(ii) Temporary continued grazing.--If 
                        necessary or appropriate in order to facilitate 
                        the orderly management of the estate of the 
                        deceased permit holder, the appropriate 
                        Secretary may permit livestock grazing to 
                        continue on lands that are the subject of a 
                        grazing permit or lease that terminates under 
                        clause (i) for a period not to exceed 2 years 
                        after the date of death of the permit holder.
                    ``(B) Involuntary transfers of privately owned 
                lands.--
                            ``(i) Termination.--Except as provided in 
                        clause (ii), a grazing permit or lease shall 
                        terminate upon an involuntary transfer from the 
                        control of the permit holder (including a 
                        transfer by operation of law) of the privately 
                        owned lands, or any part of the lands, with 
                        respect to which preference was granted in the 
                        issuance of the grazing permit or lease.
                            ``(ii) Temporary continued grazing.--If 
                        necessary in order to facilitate the 
                        redemption, sale, or other disposition of the 
                        privately owned lands or part of the lands, the 
                        appropriate Secretary may permit livestock 
                        grazing to continue on lands that are the 
                        subject of a grazing permit or lease that 
                        terminates under clause (i) for a period not to 
                        exceed 1 year after the date of the involuntary 
                        transfer.
                    ``(C) Later grazing.--After a continuation of 
                livestock grazing pursuant to subparagraph (A)(ii) or 
                (B)(ii), any livestock grazing on lands affected by the 
                continuation shall not be permitted without a new 
                grazing permit or lease.
            ``(4) Secretarial discretion.--A decision to permit a 
        continuation of livestock grazing pursuant to this subsection 
        shall be at the option of the appropriate Secretary. This 
        subsection is not intended to vest in any person any right to 
        graze livestock on lands owned by the United States or any 
        right to any grazing permit or lease.

``SEC. 403. SUITABILITY REVIEW.

    ``(a) Identification and Designation of Areas Unsuitable for 
Livestock Grazing.--
            ``(1) Review by the secretaries.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this subparagraph, the appropriate 
                Secretary shall conduct a review of all Federal lands 
                available for the grazing of domestic livestock within 
                the 16 contiguous Western States under the jurisdiction 
                of the appropriate Secretary to determine which areas 
                are suitable and which areas are unsuitable for 
                livestock grazing.
                    ``(B) Unsuitability.--An area, allotment, or 
                portion of an allotment shall be designated as 
                unsuitable for livestock grazing if the appropriate 
                Secretary determines that--
                            ``(i) the best available information 
                        indicates that the existing natural vegetation 
                        on the allotment is not sustainable, or the 
                        potential natural vegetation on the allotment 
                        is not attainable, if livestock grazing is 
                        permitted on the allotment;
                            ``(ii) livestock grazing on the allotment 
                        is causing an adverse impact on or significant 
                        damage to riparian areas, Native American 
                        cultural artifacts, natural systems, or 
                        biological resources on Federal lands; or
                            ``(iii) the management objectives described 
                        in section 402(b)(5) cannot be met if livestock 
                        grazing is permitted on the allotment.
            ``(2) Use of information.--In conducting the review and 
        making the designations, the Secretaries shall--
                    ``(A) rely on available information; and
                    ``(B) integrate the new data on allotments that 
                becomes available during each allotment review and 
                evaluation under section 402(b)(1)(A).
            ``(3) Necessary improvements or grazing system.--If the 
        appropriate Secretary determines that the construction of range 
        improvements or the implementation of a livestock grazing 
        system is necessary to render an area, allotment, or portion of 
        an allotment suitable for livestock grazing, the area, 
        allotment or portion of an allotment shall be deemed unsuitable 
        for livestock grazing until the improvement or system is in 
        place and operative.
    ``(b) Citizen Petition Process.--
            ``(1) In general.--Any person affected by livestock grazing 
        on an area, allotment, or portion of an allotment may petition 
        the appropriate Secretary to designate the area, allotment, or 
        portion of an allotment unsuitable for livestock grazing, or to 
        revoke an unsuitability designation for an area, allotment, or 
        portion of an allotment.
            ``(2) Petition.--
                    ``(A) Contents.--The petition shall contain 
                allegations of facts with supporting evidence that 
                substantiates the allegations.
                    ``(B) Public hearing.--Not later than 180 days 
                after receipt of the petition, the appropriate 
                Secretary shall--
                            ``(i) provide public notice and publication 
                        of the date, time, and location of the hearing 
                        in a newspaper of local circulation for at 
                        least 14 days; and
                            ``(ii) hold a public hearing in the 
                        locality of the area of public lands or 
                        National Forest System lands affected by the 
                        designation.
                    ``(C) Acceptance of comments.--The appropriate 
                Secretary shall accept written comments for inclusion 
                in the final record on the proposal until the date that 
                is 14 days after a hearing held under subparagraph (B).
                    ``(D) Issuance of decision.--Not later than 60 days 
                after a hearing held under subparagraph (B), the 
                appropriate Secretary shall issue a written finding and 
                provide, to the petitioner and any other party to the 
                hearing, a written decision regarding the petition and 
                the reasons for the decision.
                    ``(E) Insufficient evidence.--If the appropriate 
                Secretary finds that insufficient evidence is presented 
                to grant the petition--
                            ``(i) the petitioners shall be given 60 
                        days to supplement the petition with additional 
                        evidence;
                            ``(ii) no additional public hearings shall 
                        be necessary; and
                            ``(iii) the appropriate Secretary shall 
                        have 60 days, beginning with the receipt of the 
                        supplemental information, to issue a written 
                        decision and notify the interested parties of 
                        the decision.
    ``(c) Grazing in Areas Designated Unsuitable.--
            ``(1) Cancellation of permits.--A grazing permit or lease 
        for an area designated as unsuitable for livestock grazing 
        under subsection (a) that is in effect on the date of the 
        designation shall be canceled 2 years after the designation, 
        unless the appropriate Secretary finds pursuant to section 
        402(c) that conditions warrant earlier cancellation.
            ``(2) Compensation to the permit holder.--
                    ``(A) In general.--Subject to subparagraph (B), 
                upon cancellation of a grazing permit or lease under 
                paragraph (1), the permit holder shall receive from the 
                United States reasonable compensation for the adjusted 
                value (to be determined by the appropriate Secretary) 
                of the interest of the permit holder in authorized 
                permanent improvements placed or constructed by the 
                permit holder on the lands designated as unsuitable for 
                livestock grazing.
                    ``(B) Maximum amount.--Compensation under 
                subparagraph (A) shall not exceed the initial capital 
                expenditure for the permanent improvement.

``SEC. 404. GRAZING LAW ENFORCEMENT BY THE SECRETARY.

    ``(a) Notice of Violation.--
            ``(1) In general.--The appropriate Secretary shall issue a 
        notice of violation to a permit holder for each violation by 
        the permit holder of--
                    ``(A) this title;
                    ``(B) a regulation issued under this title; or
                    ``(C) a term or condition of--
                            ``(i) the grazing permit or lease; or
                            ``(ii) if an allotment management plan is 
                        required to receive a stewardship incentive 
                        credit under section 401(b), the allotment 
                        management plan for the allotment.
            ``(2) Recording of violation.--The appropriate Secretary 
        shall record each violation in a central data base system.
            ``(3) Continuing violations.--
                    ``(A) In general.--If a violation continues for 
                more than 30 days, the appropriate Secretary shall--
                            ``(i) suspend livestock activities on the 
                        allotment where the violation is occurring; and
                            ``(ii) assess a penalty of $100 per day per 
                        violation, but not to exceed $20,000 for each 
                        continuing violation.
                    ``(B) Effect on other grazing.--A person who is 
                penalized under clause (i) or (ii) of subparagraph (A) 
                shall not be eligible to use any Federal lands for 
                livestock grazing until all violations have been 
                corrected and any amounts assessed under this section 
                have been paid to the Federal Government.
    ``(b) Alternative Enforcement Actions.--The appropriate Secretary 
may take alternative enforcement action to compel compliance with this 
title, including--
            ``(1) requests for injunctive relief brought in an 
        appropriate district court of the United States; and
            ``(2) assessment of individual civil penalties against 
        corporate officers of a corporation, or individual association 
        members of an association, in violation of this title.
    ``(c) Cancellation of Grazing Permit or Lease.--A permit holder who 
engages in a willful or knowing violation of this title, or a permit 
holder who receives 3 or more notices of violations for the same or 
similar violations of this title within 1 livestock grazing year, shall 
forfeit all grazing permits and leases held by the holder.
    ``(d) Finality of Decisions.--A notice of a violation issued under 
this section shall--
            ``(1) be considered a final decision of the appropriate 
        Secretary; and
            ``(2) be subject to the appeal provisions applicable to 
        grazing actions and decisions.

``SEC. 405. PUBLIC PARTICIPATION.

    ``(a) In General.--A citizen of the United States may participate 
in a public hearing conducted, or provide public comment, with respect 
to grazing actions and decisions.
    ``(b) Notice Requirement.--Prior to modifying the terms and 
conditions of a grazing permit or lease, approving the issuance or 
renewal of a grazing permit or lease, or approving a stewardship 
incentive credit under section 401(b), the appropriate Secretary shall 
provide notice of the action and provide opportunity for public 
comment, if requested by any interested person.
    ``(c) Proposed Decisions.--
            ``(1) Notification of interested persons.--If the 
        appropriate Secretary issues a proposed decision under this 
        title to any applicant, permit holder, or agent of record who 
        is affected by the proposed decision, the appropriate Secretary 
        shall also send a copy of the decision to each interested 
        person.
            ``(2) Contents of proposed decisions.--Each proposed 
        decision shall--
                    ``(A) state the reasons for the action that is the 
                subject of the decision, including reference to 
                pertinent terms, conditions, and provisions of Federal 
                law; and
                    ``(B) provide for a period of 30 days after the 
                date of issuance of the decision for the filing of a 
                protest by the applicant, permit holder, agent of 
                record, or other interested person.
    ``(d) Implementation of Changes in Grazing Use.--
            ``(1) Prior consultation.--If the appropriate Secretary is 
        considering a change in the permitted active use of certain 
        lands on which livestock grazing occurs, the appropriate 
        Secretary shall consult with affected permit holders and other 
        interested persons.
            ``(2) Protection of natural resources.--If the appropriate 
        Secretary determines, after consultation with affected permit 
        holders and other interested persons, that the soil, 
        vegetation, or other resources on public lands or National 
        Forest System lands require temporary or permanent protection, 
        the Secretary shall close an appropriate allotment or portion 
        of an allotment to livestock grazing or modify the authorized 
        livestock grazing use of the allotment or portion of the 
        allotment.

``SEC. 406. CITIZEN SUITS.

    ``(a) Civil Action to Compel Compliance.--
            ``(1) In general.--Except as provided in subsection (b), 
        any person having an interest that is or may be adversely 
        affected by a violation of this title may bring a civil action 
        to compel compliance with this title against--
                    ``(A) the appropriate Secretary, alleging that the 
                appropriate Secretary has failed to perform a duty 
                required by this title; or
                    ``(B) any other person, alleging that the person is 
                in violation of a rule, regulation, order, permit, or 
                allotment plan required under section 402(b)(3)(B)(ii).
            ``(2) Jurisdiction.--An appropriate district court of the 
        United States shall have jurisdiction over an action brought 
        pursuant to paragraph (1) without regard to the amount in 
        controversy or the citizenship of the parties.
    ``(b) Limitations on Bringing of Action.--An action may not be 
brought under subsection (a)--
            ``(1) prior to 60 days after the plaintiff has given 
        written notice of the alleged violation to the appropriate 
        Secretary and to any alleged violator; or
            ``(2) if the appropriate Secretary has brought and is 
        diligently prosecuting a civil action in a court of the United 
        States or a State to require compliance with this title, except 
        that in any such action in a court of the United States any 
        person may intervene as a matter of right.
    ``(c) Venue.--An action alleging a violation of this title or a 
regulation issued under this title may be brought only in the judicial 
district in which the allotment is located, or, if the action 
challenges a Federal regulation, policy, or program, in the United 
States Court of Appeals for the District of Columbia Circuit.
    ``(d) Intervention by the Secretary.--In an action brought under 
this section, the appropriate Secretary, if not a party, may intervene 
as a matter of right.
    ``(e) Costs.--In issuing a final order in an action brought against 
the appropriate Secretary pursuant to subsection (a), a court may award 
costs of litigation (including attorney and expert witness fees) to any 
party, if the court determines that the award is appropriate.
    ``(f) Effect on Other Enforcement Methods.--Nothing in this section 
shall restrict any right that any person (or class of persons) may have 
under any law to seek enforcement of any provision of this title or a 
regulation issued under this title, or to seek any other relief 
(including relief against the appropriate Secretary).

``SEC. 407. RIGHTS TO WATER RESOURCES.

    ``Nothing in this title is intended to affect the right of any 
person to enforce or protect, under applicable law, the interest of the 
person in water resources affected by mineral activities on lands that 
are subject to this Act, except that no sole private water right may be 
established by a permit holder for the development of a water resource 
on public lands or National Forest System lands.''.

SEC. 5. GRAZING ADVISORY BOARDS.

    The Secretary of the Interior shall abolish the grazing advisory 
boards described in the notice published in the Federal Register on May 
14, 1986 (51 Fed. Reg. 17674). The advisory functions exercised by the 
boards shall be exercised by the appropriate advisory councils 
established pursuant to section 309 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1739).

SEC. 6. CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. prec. 1701) is amended by 
striking the items relating to title IV and inserting the following new 
items:

                      ``TITLE IV--RANGE MANAGEMENT

``Sec. 401. Grazing fees and stewardship incentive program.
``Sec. 402. Grazing permits and leases.
``Sec. 403. Suitability review.
``Sec. 404. Grazing law enforcement by the Secretary.
``Sec. 405. Public participation.
``Sec. 406. Citizen suits.
``Sec. 407. Rights to water resources.''.
    (b) Taylor Grazing Act.--Section 18 of the Act entitled ``An Act to 
stop injury to the public grazing lands by preventing overgrazing and 
soil deterioration, to provide for their orderly use, improvement, and 
development, to stabilize the livestock industry dependent upon the 
public range, and for other purposes'', approved June 28, 1934 (43 
U.S.C. 315b) (commonly known as the ``Taylor Grazing Act''), is 
amended--
            (1) by striking the third sentence;
            (2) in the fourth sentence, by striking ``, who shall'' and 
        all that follows through the period at the end and inserting 
        ``and in accordance with section 402(b)(6) of the Federal Land 
        Policy and Management Act of 1976.''; and
            (3) in the fifth sentence, by striking ``During'' and all 
        that follows through ``That nothing'' and inserting 
        ``Nothing''.
    (c) Granger-Thye Act.--
            (1) Fee receipt expenditures.--Section 12 of the Act 
        entitled ``An Act to facilitate and simplify the work of the 
        Forest Service, and for other purposes'', approved April 24, 
        1950 (16 U.S.C. 580h) (commonly known as the ``Granger-Thye 
        Act''), is amended by inserting ``(except for a national forest 
        located within the State of Arizona, California, Colorado, 
        Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North 
        Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, or 
        Wyoming)'' after ``each national forest''.
            (2) Grazing permits.--Section 19 of such Act (16 U.S.C. 
        580l) is amended by inserting ``and in accordance with section 
        402 of the Federal Land Policy and Management Act of 1976'' 
        after ``proper''.
    (d) Public Rangelands Improvement Act of 1978.--Section 5 of the 
Public Rangelands Improvement Act of 1978 (43 U.S.C. 1904) is amended--
            (1) in subsection (a), by striking ``, and in addition to 
        the moneys which are available for range improvements under 
        section 401 of the Federal Land Policy and Management Act (43 
        U.S.C. 1751)''; and
            (2) by striking subsections (c) and (d).
    (e) Public Law 93-531.--Section 28(b) of Public Law 93-531 (25 
U.S.C. 640d-26(b)) is amended by striking ``402(g) of the Federal Land 
Policy and Management Act'' and inserting ``402(c)(2) of the Federal 
Land Policy and Management Act of 1976''.

SEC. 7. EFFECT ON PRIOR AMENDMENTS.

    Nothing in this Act or the amendments made by this Act is intended 
to affect the amendment made by section 404 of the Federal Land Policy 
and Management Act of 1976 (16 U.S.C. 1338a), as in effect on the day 
before the date of enactment of this Act.

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