I 

108TH CONGRESS 

1ST SESSION H. R. 2395

To provide suitable alternative grazing arrangements on National Forest 

System land to persons that hold a grazing permit adversely affected 

by the standards and guidelines contained in the Record of Decision 

of the Sierra Nevada Forest Plan Amendment and pertaining to the 

Willow Flycatcher and the Yosemite Toad. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2003

Mr. RADANOVICH (for himself, Mr. DOOLITTLE, Mr. HERGER, Mr. NUNES, 

and Mr. OSE) introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To provide suitable alternative grazing arrangements on National Forest System land to persons that hold a grazing 

permit adversely affected by the standards and guidelines 

contained in the Record of Decision of the Sierra Nevada 

Forest Plan Amendment and pertaining to the Willow 

Flycatcher and the Yosemite Toad.

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. SUITABLE ALTERNATIVE GRAZING ARRANGE2 MENTS FOR SIERRA NEVADA RANCHERS. 

3 (a) EFFORTS TO PROVIDE ALTERNATIVE GRAZING

4 ARRANGEMENTS.—The Secretary of Agriculture shall un5 dertake best efforts to provide suitable alternative grazing 

6 arrangements on other National Forest System land to a 

7 person that holds a permit to graze on National Forest 

8 System land if the Secretary determines that the permit9 tee’s grazing privileges will be limited by implementation 

10 of the standards and guidelines pertaining to the willow 

11 flycatcher and the Yosemite Toad that are contained in 

12 the Record of Decision of the Sierra Nevada Forest Plan 

13 Amendment (referred to in this section as the ‘‘guide14 lines’’). 

15 (b) CATEGORICAL EXCLUSION.—The Secretary may 

16 provide, consistent with section 102 of the National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 4332), a categor18 ical exclusion from that Act for alternative grazing ar19 rangements provided under subsection (a) without first 

20 administratively establishing an applicable category of ex21 cluded actions. No scoping shall be required for any such 

22 categorical exclusion. 

23 (c) DELAYED APPLICABILITY.—Notwithstanding the 

24 Forest and Rangeland Renewable Resources Planning Act 

25 of 1974 (16 U.S.C. 1600 et seq.), the guidelines shall not 

26 apply during calendar year 2003 to grazing activities on 
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1 any of the following severely affected allotments for which 

2 the Secretary is unable to provide alternative arrange3 ments: 

4 (1) The Sardine allotment on the Humboldt5 Toiyabe National Forest. 

6 (2) The Feather River, Soda Creek/North 

7 Butte, and Robbers Creek allotments on the Lassen 

8 National Forest. 

9 (3) The Doyle allotment on the Plumas Na10 tional Forest. 

11 (4) The Blasingame, Dinkey, Iron Creek, Kai12 ser, Markwood, Mount Tom, Patterson Mountain, 

13 and South Jackass allotments on the Sierra Na14 tional Forest. 

15 (5) The Long Valley/Eagle Meadow, Highland 

16 Lakes, Cooper, and Herring allotments on the 

17 Stanislaus National Forest. 

18 (6) The Parazzo and Gold Valley allotments on 

19 the Tahoe National Forest. 

20 (d) ISSUANCE OF DIRECTION.—Without regard to 

21 any other proceeding otherwise required by law, the Sec22 retary shall issue direction as soon as practicable for cal23 endar year 2003 to minimize harm to the Willow 

24 Flycatcher and the Yosemite Toad from the grazing activi25 ties permitted under this section. The Secretary shall hold 
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1 a public meeting in the Stanislaus National Forest and 

2 in the Sierra National Forest before issuing such direc3 tion. The Secretary shall not be required to amend or re4 vise any land and resource management plan to issue such 

5 direction, and shall not be required to comply with any 

6 other procedures otherwise required by law before issuing 

7 such direction.

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