I 

112TH CONGRESS 

1ST SESSION H. R. 3432 

To authorize voluntary grazing permit retirement on Federal lands managed 

by the Department of Agriculture or the Department of the Interior 

where livestock grazing is impractical, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2011 

Mr. SMITH of Washington (for himself, Mr. GRIJALVA, Mr. DEFAZIO, Mr. 

BLUMENAUER, Ms. SCHWARTZ, Ms. LEE of California, and Mr. HINCHEY) introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Agriculture, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To authorize voluntary grazing permit retirement on Federal 

lands managed by the Department of Agriculture or the 

Department of the Interior where livestock grazing is 

impractical, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Rural Economic Vitalization Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Rural vitalization program. 

Sec. 5. Effect of waiver of grazing permit or lease. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) The use of Federal lands by grazing permit6 tees and lessees for commercial livestock grazing is 

7 increasingly difficult due to growing conflicts with 

8 other legitimate multiple uses of the lands, such as 

9 environmental protection and burgeoning rec10 reational use, and with congressionally mandated 

11 goals of wildlife and habitat protection and improved 

12 water quality and quantity. 

13 (2) A combination of sustained drought, foreign 

14 competition, changing domestic markets, industry 

15 restructuring, and individual ranch finances has re16 sulted in Federal grazing permits and leases becom17 ing stranded investments for many permittees and 

18 lessees. 

19 (3) Attempts to resolve grazing conflicts with 

20 other multiple uses often require extensive range de21 velopments, intensive herd management, and contin22 uous monitoring that greatly increases costs to both 


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1 permittees and lessees and taxpayers, far out of pro2 portion to the benefit received. 

3 (4) Certain grazing allotments on Federal lands 

4 have, or are likely to become, unsuitable for commer5 cial livestock production as a result of the combined 

6 effect of the factors referred to in paragraphs (1) 

7 through (3) and other factors. 

8 (5) The cost of the Federal grazing program 

9 greatly exceeds revenues to the Federal treasury 

10 from grazing receipts. 

11 (6) Many permittees and lessees have indicated 

12 their willingness to end their commercial livestock 

13 grazing on Federal lands in exchange for compensa14 tion to reasonably compensate them for the effort 

15 and investment that they have made in a grazing al16 lotment. 

17 (7) Compensating permittees and lessees who 

18 relinquish their grazing permit or lease would help 

19 recapitalize an ailing sector of rural America by pro20 viding economic options to permittees and lessees 

21 that do not presently exist by allowing them to re22 structure their ranch operations, start new busi23 nesses, or retire with security. 

24 (8) Paying reasonable compensation for the re25 linquishment of a grazing permit or lease will help 


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1 alleviate the need for permittees and lessees to sell 

2 or subdivide their private lands. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ANIMAL UNIT MONTH.—The term ‘‘animal 

6 unit month’’ means the amount of forage needed to 

7 sustain one animal unit for one month, as deter8 mined by the Secretary issuing the grazing permit or 

9 lease. 

10 (2) COMMERCIAL LIVESTOCK GRAZING.—The 

11 term ‘‘commercial livestock grazing’’ means the 

12 grazing of domestic livestock on Federal lands as au13 thorized by a grazing permit or lease. The term does 

14 not include beasts of burden used for recreational 

15 purposes. 

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

17 allotment’’ means the designated portion of Federal 

18 land upon which domestic livestock are permitted to 

19 graze by a grazing permit or lease. 

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

21 ‘‘grazing permit or lease’’ and ‘‘grazing permit and 

22 lease’’ mean any document authorizing the use of 

23 Federal lands for the purpose of commercial live24 stock grazing. 


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1 (5) PERMITTEE; LESSEE.—The terms ‘‘per2 mittee or lessee’’ and ‘‘permittee and lessee’’ mean 

3 a livestock operator that holds a valid existing graz4 ing permit or lease. 

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

6 developments’’ means structures, fences, and other 

7 permanent fixtures placed on Federal lands for the 

8 furtherance of the purpose of grazing domestic live9 stock. The term does not include rolling stock, live10 stock and diversions of water from Federal lands 

11 onto non-Federal lands. 

12 (7) SECRETARIES.—The term ‘‘Secretaries’’ re13 fers to the Secretary of Agriculture and the Sec14 retary of Interior. 

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

16 the Secretary of Agriculture or the Secretary of the 

17 Interior, as appropriate to the administration of a 

18 grazing permit or lease. 

19 SEC. 4. RURAL VITALIZATION PROGRAM. 

20 (a) WAIVER OF GRAZING PERMIT OR LEASE.— 

21 (1) ACCEPTANCE BY SECRETARY.—Subject to 

22 the limitation set forth in subsection (c), the Sec23 retary shall accept any grazing permit or lease that 

24 is waived by a grazing permittee or lessee. 


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1 (2) TERMINATION.—The Secretary shall termi2 nate any grazing permit or lease acquired under 

3 paragraph (1). 

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

5 With respect to each grazing lease or grazing permit 

6 waived under paragraph (1), the Secretary shall— 

7 (A) not issue any new grazing permit or 

8 lease within the grazing allotment covered by 

9 the grazing permit or lease; and 

10 (B) ensure a permanent end to livestock 

11 grazing on the grazing allotment covered by the 

12 grazing permit or lease. 

13 (b) WAIVER OF GRAZING PERMIT OR LEASE ON

14 COMMON ALLOTMENTS.— 

15 (1) IN GENERAL.—If a grazing allotment cov16 ered by a grazing permit or lease that is waived 

17 under subsection (a) is also covered by another graz18 ing permit or lease that is not waived, the Secretary 

19 shall reduce the level of commercial livestock grazing 

20 on the grazing allotment to reflect the waiver. 

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

22 is a permanent reduction in the level of livestock 

23 grazing on the land covered by the grazing permit 

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


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1 shall not allow grazing to exceed the level established 

2 under paragraph (1). 

3 (c) LIMITATION.—The Secretaries shall accept not 

4 more than 100 grazing permits and leases, in the aggre5 gate, per year under this section on a first come, first 

6 served basis. 

7 SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT OR 

8 LEASE. 

9 (a) EFFECT ON RANGE DEVELOPMENTS.—A per10 mittee or lessee who waives a grazing permit or lease to 

11 the Secretary under section 4 shall be deemed to have 

12 waived any claim to all range developments on the associ13 ated grazing allotment, notwithstanding any other provi14 sion of law. 

15 (b) SECURING RETIRED ALLOTMENTS AGAINST UN16 AUTHORIZED USE.—The Secretary shall ensure that graz17 ing allotments retired from grazing under this Act are ren18 dered reasonably secure from trespass grazing by domestic 

19 livestock. 

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

21 this Act shall be construed to affect the Secretary’s au22 thority to modify or terminate grazing permits or leases 

23 in accordance with other law. 

24 (d) RELATION TO VALID EXISTING RIGHTS.—Noth25 ing in this Act affects the allocation, ownership, interest, 


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

2 this Act, of any water, water right, or any other valid ex3 isting right held by the United States, Indian tribe, State, 

4 county, municipality or private individual, partnership or 

5 corporation. 

Æ 


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