I 

112TH CONGRESS 

2D SESSION H. R. 4234 

To amend the Federal Land Policy and Management Act of 1976 to improve 

the management of grazing leases and permits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2012 

Mr. LABRADOR (for himself, Mr. BISHOP of Utah, Mr. COSTA, Mr. GOSAR, 

Mr. HARRIS, Mrs. LUMMIS, Mrs. NOEM, Mr. REHBERG, Mrs. MCMORRIS

RODGERS, Mr. SIMPSON, and Mr. WALDEN) 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 amend the Federal Land Policy and Management Act 

of 1976 to improve the management of grazing leases 

and permits, 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. 

4 This Act may be cited as the ‘‘Grazing Improvement 

5 Act of 2012’’. 


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1 SEC. 2. TERMS OF GRAZING PERMITS AND LEASES. 

2 Section 402 of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1752) is amended by strik4 ing ‘‘ten years’’ each place it appears and inserting ‘‘20 

5 years’’. 

6 SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZ7 ING PERMITS AND LEASES. 

8 Title IV of the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1751 et seq.) is amended by add10 ing at the end the following: 

11 ‘‘SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF 

12 GRAZING PERMITS AND LEASES. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) ENVIRONMENTAL ANALYSIS.—The term 

15 ‘environmental analysis’ means an environmental as16 sessment or an environmental impact statement re17 quired under the National Environmental Policy Act 

18 of 1969 (42 U.S.C. 4321 et seq.). 

19 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec20 retary concerned’ means— 

21 ‘‘(A) the Secretary of Agriculture, with re22 spect to National Forest System land; and 

23 ‘‘(B) the Secretary of the Interior, with re24 spect to land under the jurisdiction of the De25 partment of the Interior. 


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1 ‘‘(b) RENEWAL, TRANSFER, AND REISSUANCE.—A 

2 grazing permit or lease issued by the Secretary, or a graz3 ing permit issued by the Secretary of Agriculture regard4 ing National Forest System land, that expires, is trans5 ferred, or is waived after the date of the enactment of this 

6 section shall be renewed or reissued, as appropriate, 

7 under— 

8 ‘‘(1) section 402; 

9 ‘‘(2) section 19 of the Act of April 24, 1950 

10 (commonly known as the ‘Granger-Thye Act’; 16 

11 U.S.C. 580l); 

12 ‘‘(3) title III of the Bankhead-Jones Farm Ten13 ant Act (7 U.S.C. 1010 et seq.); or 

14 ‘‘(4) section 510 the California Desert Protec15 tion Act of 1994 (16 U.S.C. 410aaa–50). 

16 ‘‘(c) TERMS; CONDITIONS.—The terms and condi17 tions contained in an expired, transferred, or waived per18 mit or lease described in subsection (b) shall continue in 

19 effect under a renewed or reissued permit or lease until 

20 the date on which the Secretary concerned completes the 

21 renewed or reissued permit or lease that is the subject of 

22 the expired, transferred, or waived permit or lease, in com23 pliance with each applicable law. 

24 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA25 TION.—A permit or lease described in subsection (b) may 


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1 be cancelled, suspended, or modified in accordance with 

2 applicable law. 

3 ‘‘(e) COMPLIANCE WITH NATIONAL ENVIRON4 MENTAL POLICY ACT OF 1969.— 

5 ‘‘(1) IN GENERAL.—The renewal, reissuance, or 

6 transfer of a grazing permit or lease by the Sec7 retary concerned shall be categorically excluded from 

8 the requirement to prepare an environmental anal9 ysis if the decision continues the current grazing 

10 management of the allotment. 

11 ‘‘(2) APPLICABILITY REGARDING PERMITS AND

12 LEASES WITH MINOR MODIFICATIONS.—If the re13 newal, reissuance, or transfer of a grazing permit or 

14 lease by the Secretary concerned contains only minor 

15 modifications from the grazing permit or lease that 

16 is the subject of the renewal, reissuance, or transfer, 

17 the grazing permit or lease shall be categorically ex18 cluded from the requirement to prepare an environ19 mental analysis if— 

20 ‘‘(A) monitoring of the allotment has indi21 cated that the current grazing management has 

22 met, or has satisfactorily progressed towards 

23 meeting, objectives contained in the land and 

24 resource management plan of the allotment, as 

25 determined by the Secretary concerned; and 


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1 ‘‘(B) the decision is consistent with the 

2 policy of the Department of the Interior or the 

3 Department of Agriculture, as appropriate, re4 garding extraordinary circumstances. 

5 ‘‘(3) APPLICABILITY REGARDING CROSSING AND

6 TRAILING PERMITS.—Crossing and trailing permits 

7 are an administrative decision and shall be categori8 cally excluded from the requirement to prepare an 

9 environmental analysis. 

10 ‘‘(f) PRIORITY AND TIMING FOR COMPLETING ENVI11 RONMENTAL ANALYSES.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding section 

13 504 of the Emergency Supplemental Appropriations 

14 for Additional Disaster Assistance, for Anti-ter15 rorism Initiatives, for Assistance in the Recovery 

16 from the Tragedy that Occurred at Oklahoma City, 

17 and Rescissions Act, 1995 (Public Law 104–19; 109 

18 Stat. 212), the Secretary concerned, in the sole dis19 cretion of the Secretary concerned, shall determine 

20 the priority and timing for completing each required 

21 environmental analysis regarding any grazing allot22 ment, permit, or lease based on the environmental 

23 significance of the allotment, permit, or lease and 

24 available funding for that purpose. 


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1 ‘‘(2) APPLICABILITY.—This subsection shall not 

2 apply to the renewal, reissuance, or transfer of a 

3 grazing permit or lease that is categorically excluded 

4 under subsection (e).’’. 

5 SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE 

6 ACT TO GRAZING APPEALS. 

7 (a) FOREST AND RANGELAND RENEWABLE RE8 SOURCES PLANNING ACT OF 1974.—Section 14 of the 

9 Forest and Rangeland Renewable Resources Planning Act 

10 of 1974 (16 U.S.C. 1612) is amended by adding at the 

11 end the following: 

12 ‘‘(c) APPLICABILITY OF ADMINISTRATIVE PROCE13 DURE ACT.—With respect to a decision by the Secretary 

14 of Agriculture regarding a grazing permit, an appeal by 

15 a grazing permittee shall be conducted in accordance with 

16 subchapter II of chapter 5 of title 5, United States Code.’’. 

17 (b) FEDERAL LAND POLICY AND MANAGEMENT ACT

18 OF 1976.—Section 402 of the Federal Land Policy and 

19 Management Act of 1976 (43 U.S.C. 1752) is amended 

20 by adding at the end the following: 

21 ‘‘(i) APPLICABILITY OF ADMINISTRATIVE PROCE22 DURE ACT.— 

23 ‘‘(1) SECRETARY CONCERNED.—The term ‘Sec24 retary concerned’ means— 


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1 ‘‘(A) the Secretary of Agriculture, with re2 spect to National Forest System land; and 

3 ‘‘(B) the Secretary of the Interior, with re4 spect to land under the jurisdiction of the De5 partment of the Interior. 

6 ‘‘(2) APPLICABILITY OF ADMINISTRATIVE PRO7 CEDURE ACT.—With respect to a decision by the 

8 Secretary concerned regarding a grazing permit or 

9 lease, an appeal by a grazing permittee shall be con10 ducted in accordance with subchapter II of chapter 

11 5 of title 5, United States Code. 

12 ‘‘(3) DEADLINE FOR FILING APPEALS.—An ap13 peal made under this subsection shall be filed not 

14 later than 30 days after the date on which a decision 

15 described in paragraph (2) is made. 

16 ‘‘(4) SUSPENSION OF DECISIONS.— 

17 ‘‘(A) IN GENERAL.—Except as otherwise 

18 provided in this subsection, each decision by the 

19 Secretary concerned regarding a grazing permit 

20 or lease that is appealed under this subsection 

21 shall be suspended until the date on which the 

22 appeal is resolved. 

23 ‘‘(B) DETERMINATION BY SECRETARY

24 CONCERNED.—A decision described in subpara25 graph (A) may not be suspended if the SecVerDate Mar 15 2010 03:34 Mar 22, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4234.IH H4234

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1 retary concerned (including any other author2 ized official) determines there is an emergency 

3 regarding a deterioration of resources. 

4 ‘‘(5) CONTINUED USE OF GRAZING PERMIT OR

5 LEASE.—Except in a situation in which grazing use 

6 for the preceding year was authorized on a tem7 porary basis, an applicant who was granted grazing 

8 use in the preceding year may continue at the level 

9 of authorized active use until the date on which the 

10 appeal is resolved.’’. 

Æ 


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