IB 

Union Calendar No. 381 

112TH CONGRESS 

2D SESSION H. R. 4234 

[Report No. 112–533, Part I] 

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 

JUNE 15, 2012 

Additional sponsors: Mr. BERG, Mr. AMODEI, Mr. MCCLINTOCK, and Mr. 

KISSELL

JUNE 15, 2012 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 15, 2012 

The Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 21, 2012] 


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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. 


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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’’. 

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

7 Section 402 of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1752) is amended— 

9 (1) by striking ‘‘ten years’’ each place it appears 

10 and inserting ‘‘20 years’’; and 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘or’’ at the end of each of 

13 paragraphs (1) and (2); 

14 (B) in paragraph (3), by striking the period 

15 at the end and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(4) the initial environmental analysis under 

18 National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) regarding a grazing allotment, 

20 permit, or lease has not been completed.’’. 

21 SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZ22 ING PERMITS AND LEASES. 

23 (a) AMENDMENT.—Title IV of the Federal Land Policy 

24 and Management Act of 1976 (43 U.S.C. 1751 et seq.) is 

25 amended by adding at the end the following: 


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

2 GRAZING PERMITS AND LEASES. 

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

4 ‘‘(1) CURRENT GRAZING MANAGEMENT.—The 

5 term ‘current grazing management’ means grazing in 

6 accordance with the terms and conditions of an exist7 ing permit or lease and includes any modifications 

8 that are consistent with an applicable Department of 

9 Interior resource management plan or Department of 

10 Agriculture land use plan. 

11 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec12 retary concerned’ means— 

13 ‘‘(A) the Secretary of Agriculture, with re14 spect to National Forest System land; and 

15 ‘‘(B) the Secretary of the Interior, with re16 spect to land under the jurisdiction of the De17 partment of the Interior. 

18 ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND PEND19 ING PROCESSING.—A grazing permit or lease issued by the 

20 Secretary of the Interior, or a grazing permit issued by the 

21 Secretary of Agriculture regarding National Forest System 

22 land, that expires, is transferred, or is waived shall be re23 newed or reissued under, as appropriate— 

24 ‘‘(1) section 402; 


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

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

3 U.S.C. 580l); 

4 ‘‘(3) title III of the Bankhead-Jones Farm Ten5 ant Act (7 U.S.C. 1010 et seq.); or 

6 ‘‘(4) section 510 the California Desert Protection 

7 Act of 1994 (16 U.S.C. 410aaa–50). 

8 ‘‘(c) TERMS; CONDITIONS.—The terms and conditions 

9 (except the termination date) contained in an expired, 

10 transferred, or waived permit or lease described in sub11 section (b) shall continue in effect under a renewed or re12 issued permit or lease until the date on which the Secretary 

13 concerned completes the processing of the renewed or re14 issued permit or lease that is the subject of the expired, 

15 transferred, or waived permit or lease, in compliance with 

16 each applicable law. 

17 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICATION.— 

18 Notwithstanding subsection (c), a permit or lease described 

19 in subsection (b) may be cancelled, suspended, or modified 

20 in accordance with applicable law. 

21 ‘‘(e) RENEWAL TRANSFER REISSUANCE AFTER PROC22 ESSING.—When the Secretary concerned has completed the 

23 processing of the renewed or reissued permit or lease that 

24 is the subject of the expired, transferred, or waived permit 

25 or lease, the Secretary concerned may renew or reissue the 


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1 permit or lease for a term of 20 years after completion of 

2 processing. 

3 ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

4 POLICY ACT OF 1969.—The renewal, reissuance, or transfer 

5 of a grazing permit or lease by the Secretary concerned 

6 may, at their sole discretion, be categorically excluded from 

7 the requirement to prepare an environmental assessment or 

8 an environmental impact statement if— 

9 ‘‘(1) the decision continues to renew, reissue, or 

10 transfer the current grazing management of the allot11 ment; 

12 ‘‘(2) monitoring of the allotment has indicated 

13 that the current grazing management has met, or has 

14 satisfactorily progressed towards meeting, objectives 

15 contained in the land use and resource management 

16 plan of the allotment, as determined by the Secretary 

17 concerned; or 

18 ‘‘(3) the decision is consistent with the policy of 

19 the Department of the Interior or the Department of 

20 Agriculture, as appropriate, regarding extraordinary 

21 circumstances. 

22 ‘‘(g) PRIORITY AND TIMING FOR COMPLETING ENVI23 RONMENTAL ANALYSES.—The Secretary concerned, in the 

24 sole discretion of the Secretary concerned, shall determine 

25 the priority and timing for completing each required enviVerDate Mar 15 2010 21:54 Jun 15, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4234.RH H4234

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1 ronmental analysis regarding any grazing allotment, per2 mit, or lease based on the environmental significance of the 

3 allotment, permit, or lease and available funding for that 

4 purpose. 

5 ‘‘(h) NEPA EXEMPTIONS.—The National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

7 not apply to the following: 

8 ‘‘(1) Crossing and trailing authorizations of do9 mestic livestock. 

10 ‘‘(2) Transfer of grazing preference.’’. 

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

12 the Federal Land Policy and Management Act of 1976 is 

13 amended by adding after the item for section 404, the fol14 lowing: 

‘‘Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases.’’. 


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Union Calendar No. 381 

112TH CONGRESS 

2D SESSION H. R. 4234 

[Report No. 112–533, Part I] 

A BILL 

To amend the Federal Land Policy and Manageposes. grazing leases and permits, and for other pur- ment Act of 1976 to improve the management of 

JUNE 15, 2012 

Reported from the Committee on Natural Resources with 

J

an amendment 

UNE 15, 2012 

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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