I 

116TH CONGRESS 

2D SESSION H. R. 5737 

To expand the authorization of voluntary Federal grazing permit retirement, 

provide increased flexibility for Federal grazing permittees, promote the 

equitable resolution or avoidance of conflicts on Federal lands managed 

by the Department of Agriculture or the Department of the Interior, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2020 

Mr. SMITH of Washington (for himself, Mr. LOWENTHAL, Mr. HECK, Mr. 

BLUMENAUER, Mr. CARTWRIGHT, Mr. SCHIFF, Ms. JAYAPAL, Mr. TED

LIEU of California, Ms. BROWNLEY of California, Mr. KILMER, and Ms. 

NORTON) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To expand the authorization of voluntary Federal grazing 

permit retirement, provide increased flexibility for Federal grazing permittees, promote the equitable resolution 

or avoidance of conflicts on Federal lands managed by 

the Department of Agriculture or the Department of 

the Interior, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Voluntary Grazing Permit Retirement Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Voluntary grazing permit retirement program. 

Sec. 5. Effect of waiver of grazing permit. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Voluntary grazing permit retirement is a 

9 successful land management tool that has been au10 thorized by Congress for specific purposes and in 

11 numerous areas throughout the 16 Western States, 

12 including Death Valley National Park, Capitol Reef 

13 National Park, Arches National Park, Cascade14 Siskiyou National Monument, Oregon Caves Na15 tional Monument and Preserve, and Wilderness 

16 Areas in the Owyhee Canyonlands and Boulder17 White Clouds. 

18 (2) Expanding the authority for voluntary graz19 ing permit retirement to include all Federal lands 

20 managed by the Department of Agriculture and the 

21 Department of the Interior in the 16 Western States 

22 will aid in the resolution of land and resource man23 agement conflicts, and provide Federal grazing perVerDate Sep 11 2014 22:22 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5737.IH H5737

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1 mittees and lessees with increased flexibility and op2 portunities when making decisions about the future 

3 of their livestock operations. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATIVELY RETIRED GRAZING AL7 LOTMENT.—The term ‘‘administratively retired graz8 ing allotment’’ means a grazing allotment, or portion 

9 of a grazing allotment, on Federal lands managed by 

10 the Secretary that is or becomes vacant or closed 

11 due to the voluntary waiver of the grazing permit or 

12 lease by the holder of the grazing permit issued by 

13 the Secretary with the intention of permanently end14 ing livestock grazing on that grazing allotment or a 

15 portion of a grazing allotment as a result of an 

16 agreement with a third party. 

17 (2) COMMERCIAL LIVESTOCK GRAZING OR LIVE18 STOCK GRAZING.—The term ‘‘commercial livestock 

19 grazing’’ or ‘‘livestock grazing’’— 

20 (A) means the grazing of domestic live21 stock on Federal lands as authorized by a graz22 ing permit or lease; and 

23 (B) does not include beasts of burden while 

24 used for recreational or administrative pur25 poses. 


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1 (3) GRAZING ALLOTMENT.—The term ‘‘grazing 

2 allotment’’ means the designated portion of Federal 

3 land upon which domestic livestock are authorized to 

4 graze by a grazing permit or lease. 

5 (4) GRAZING PERMIT; LEASE.—The terms 

6 ‘‘grazing permit or lease’’ and ‘‘grazing permit and 

7 lease’’ mean any document authorizing the use of 

8 Federal lands for the purpose of commercial live9 stock grazing. 

10 (5) PERMITTEE; LESSEE.—The terms ‘‘per11 mittee or lessee’’ and ‘‘permittee and lessee’’ mean 

12 a livestock operator that holds a valid existing graz13 ing permit or lease. 

14 (6) RANGE DEVELOPMENTS.—The term ‘‘range 

15 developments’’— 

16 (A) means structures, fences, and other 

17 permanent fixtures placed on Federal lands for 

18 the furtherance of the purpose of livestock graz19 ing; and 

20 (B) does not include rolling stock, live21 stock, and diversions of water from Federal 

22 lands onto non-Federal lands. 

23 (7) SECRETARIES.—The term ‘‘Secretaries’’ re24 fers to the Secretary of Agriculture and the Sec25 retary of the Interior. 


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1 (8) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture or the Secretary of the 

3 Interior, as appropriate to the administration of a 

4 grazing permit or lease. 

5 (9) 16 WESTERN STATES.—The term ‘‘16 West6 ern States’’ refers to Arizona, California, Colorado, 

7 Idaho, Kansas, Montana, Nebraska, Nevada, New 

8 Mexico, North Dakota, Oklahoma, Oregon, South 

9 Dakota, Utah, Washington, and Wyoming. 

10 SEC. 4. VOLUNTARY GRAZING PERMIT RETIREMENT PRO11 GRAM. 

12 (a) VOLUNTARY WAIVER OF GRAZING PERMIT OR

13 LEASE.— 

14 (1) ACCEPTANCE BY SECRETARY.—Subject to 

15 the limitation set forth in subsection (c)(2), the Sec16 retary shall accept, on a first-come, first-served 

17 basis, any grazing permit or lease related to Federal 

18 land in the 16 Western States that is voluntarily 

19 waived by a grazing permittee or lessee with the in20 tention of permanently ending livestock grazing on 

21 that grazing allotment or on a portion of that graz22 ing allotment. 

23 (2) TERMINATION.—The Secretary shall imme24 diately terminate any grazing permit or lease accept25 ed under paragraph (1). 


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1 (3) NO NEW GRAZING PERMIT OR LEASE.— 

2 With respect to each grazing permit or lease volun3 tarily waived under paragraph (1), the Secretary 

4 shall— 

5 (A) not issue any new grazing permit or 

6 lease within the grazing allotment covered by 

7 the grazing permit or lease; and 

8 (B) ensure a permanent end to livestock 

9 grazing on the grazing allotment covered by the 

10 grazing permit or lease. 

11 (b) WAIVER OF GRAZING PERMIT OR LEASE ON

12 COMMON ALLOTMENTS.— 

13 (1) IN GENERAL.—If a grazing allotment or 

14 portion of a grazing allotment covered by a grazing 

15 permit or lease that is waived under subsection (a) 

16 is also covered in part or in whole by another graz17 ing permit or lease that is not waived, the Secretary 

18 shall reduce the level of commercial livestock grazing 

19 on the grazing allotment to reflect the waiver. 

20 (2) AUTHORIZED LEVEL.—To ensure that there 

21 is a permanent reduction in the level of livestock 

22 grazing on the land covered by the grazing permit 

23 or lease waived under subsection (a), the Secretary 

24 shall not allow grazing to exceed the level established 

25 under paragraph (1). 


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1 (c) LIMITATION.— 

2 (1) IN GENERAL.—The Secretaries shall accept 

3 per fiscal year under this section— 

4 (A) not more than 100 grazing permits, in 

5 the aggregate for all of the 16 Western States; 

6 and 

7 (B) not more than 25 grazing permits for 

8 land located in whole or in part in any indi9 vidual State. 

10 (2) APPLICABILITY.—This limitation shall not 

11 apply to administratively retired grazing allotments 

12 as of the effective date of this Act. 

13 (d) ADMINISTRATIVELY RETIRED GRAZING ALLOT14 MENTS.—With respect to grazing allotments administra15 tively retired before the date of the enactment of this Act, 

16 the Secretary shall— 

17 (1) not issue any new grazing permit or lease 

18 within the grazing allotment covered by the grazing 

19 permit or lease; and 

20 (2) ensure a permanent end to livestock grazing 

21 on the grazing allotment covered by the grazing per22 mit or lease. 

23 SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT. 

24 (a) EFFECT ON RANGE DEVELOPMENTS.—A per25 mittee or lessee who waives a grazing permit or lease to 


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1 the Secretary under section 4 shall be deemed to have 

2 waived any claim to all range developments on land cov3 ered by the grazing permit or lease waived, notwith4 standing any other provision of law. 

5 (b) SECURING RETIRED ALLOTMENTS AGAINST UN6 AUTHORIZED USE.—The Secretary shall ensure that graz7 ing allotments retired from grazing under this Act are ren8 dered reasonably secure from trespass grazing by domestic 

9 livestock. 

10 (c) RELATION TO OTHER AUTHORITY.—Nothing in 

11 this Act shall be construed to affect the Secretary’s au12 thority to modify or terminate any grazing permit or lease 

13 in accordance with other law. 

14 (d) RELATION TO VALID EXISTING RIGHTS.—Noth15 ing in this Act affects the allocation, ownership, interest, 

16 or control, in existence on the date of the enactment of 

17 this Act, of any water, water right, or any other valid ex18 isting right held by the United States, an Indian Tribe, 

19 State, county or municipality, or private individual, part20 nership, or corporation. 

Æ 


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