I 

109TH CONGRESS 

1ST SESSION H. R. 3166 

To provide compensation to livestock operators who voluntarily relinquish 

a grazing permit or lease on Federal lands where conflicts with other 

multiple uses render livestock grazing impractical, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. GRIJALVA (for himself, Ms. WOOLSEY, Mr. MORAN of Virginia, Mr. 

MCDERMOTT, Mr. KILDEE, Ms. LEE, Mrs. DAVIS of California, and Mr. 

BLUMENAUER) introduced the following bill; which was referred to the 

Committee on Resources, and in addition to the Committees on Agriculture and Armed Services, 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 provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal 

lands where conflicts with other multiple uses render 

livestock grazing 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 AND TABLE OF CONTENTS. 

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

5 ‘‘Multiple-Use Conflict Resolution Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Multiple-use conflict resolution program. 

Sec. 5. Compensation for waived grazing permit or lease. 

Sec. 6. Donation of grazing permit or lease. 

Sec. 7. Effect of waiver or donation of grazing permit or lease. 

Sec. 8. Retirement of grazing allotments for which no valid grazing permit or 

lease exists. 

Sec. 9. Effect of nonuse or reduced use. 

Sec. 10. County transition payments. 

Sec. 11. Authorization of appropriation. 

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) The recreational use of Federal lands often 

14 leads to conflicts with commercial livestock grazing 

15 on the same lands because some recreational users 

16 of the lands cause damage to range developments or 

17 disturb livestock, which renders many grazing oper18 ations on Federal lands uneconomical. 

19 (3) A combination of sustained drought, foreign 

20 competition, changing domestic markets, industry 
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1 restructuring, and individual ranch situations has 

2 resulted in Federal grazing permits and leases be3 coming stranded investments for many permittees 

4 and lessees. 

5 (4) Attempts to resolve grazing conflicts with 

6 other multiple uses often require extensive range de7 velopments, intensive herd management, and contin8 uous monitoring that greatly increases costs to both 

9 permittees and lessees and taxpayers, far out of pro10 portion to the benefit received. 

11 (5) Certain grazing allotments on Federal lands 

12 have, or are likely to become, unsuitable for commer13 cial livestock production as a result of the combined 

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

15 through (4) and other factors. 

16 (6) The cost of the Federal grazing program 

17 greatly exceeds revenues to the Federal treasury 

18 from grazing receipts. 

19 (7) Many permittees and lessees have indicated 

20 their willingness to end their commercial livestock 

21 grazing on Federal lands in exchange for a one-time 

22 payment to reasonably compensate them for the ef23 fort and investment that they have made in a graz24 ing allotment. 
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1 (8) Compensating permittees and lessees who 

2 relinquish their grazing permit or lease and end 

3 commercial livestock grazing on Federal lands would 

4 help recapitalize an ailing sector of rural America, 

5 by providing economic options to permittees and les6 sees that do not presently exist and allowing them 

7 to restructure their ranch operations, start new busi8 nesses, or retire with security. 

9 (9) Reasonable compensation for the relinquish10 ment of a grazing permit or lease will help alleviate 

11 the need for permittees and lessees to sell or sub12 divide their private lands. 

13 (10) The cost of compensating permittees and 

14 lessees for voluntarily waiving permits and leases is 

15 significantly less than the cost to the taxpayers of 

16 continuing to administer, monitor, assess, and miti17 gate for the environmental and other impacts of 

18 commercial livestock grazing on Federal lands. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) The term ‘‘animal unit month’’ means the 

22 amount of forage needed to sustain one animal unit 

23 for one month, as determined by the Secretary 

24 issuing the grazing permit or lease. 
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1 (2) The term ‘‘commercial livestock grazing’’ 

2 means the grazing of domestic livestock on Federal 

3 lands as authorized by a grazing permit or lease. 

4 The term does not include grazing by private or 

5 commercial pack or saddle stock. 

6 (3) The term ‘‘grazing allotment’’ means the 

7 designated portion of Federal land upon which do8 mestic livestock are permitted to graze by a grazing 

9 permit or lease. 

10 (4) The terms ‘‘grazing permit or lease’’ and 

11 ‘‘grazing permit and lease’’ mean any document au12 thorizing the use of Federal lands for the purpose of 

13 grazing domestic livestock. 

14 (5) The terms ‘‘permittee or lessee’’ and ‘‘per15 mittee and lessee’’ mean a livestock operator who 

16 holds a valid term grazing permit or lease. 

17 (6) The term ‘‘range developments’’ means 

18 structures, fences, and other permanent fixtures 

19 placed on Federal lands for the furtherance of the 

20 purpose of grazing domestic livestock. The term does 

21 not include rolling stock, livestock and diversions of 

22 water from Federal lands onto non-Federal lands. 

23 (7) The term ‘‘Secretary’’ means the Secretary 

24 of Agriculture, the Secretary of the Interior, the 

25 Secretary of Energy, or the Secretary of Defense, as 
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1 appropriate to the administration of the grazing per2 mit or lease at issue. 

3 SEC. 4. MULTIPLE-USE CONFLICT RESOLUTION PROGRAM. 

4 (a) WAIVER OF EXISTING GRAZING PERMIT OR

5 LEASE.—A permittee or lessee may waive to the Sec6 retary, at any time, a valid existing grazing permit or lease 

7 authorizing commercial livestock grazing on Federal 

8 lands. 

9 (b) CANCELLATION OF WAIVED GRAZING PERMIT OR

10 LEASE.—The Secretary shall cancel grazing permits and 

11 leases waived under this section and permanently retire 

12 the associated grazing allotments from commercial live13 stock grazing, notwithstanding any other provision of law. 

14 (c) WAIVER PRIORITY.—If funds available to the Sec15 retary to carry out this Act are insufficient to meet all 

16 of the offers submitted to the Secretary for the waiver of 

17 grazing permits and leases, the Secretary shall give pri18 ority to the waiver of grazing permits and leases that au19 thorize commercial livestock grazing on the following Fed20 eral lands: 

21 (1) A unit of the National Wilderness Preserva22 tion System. 

23 (2) A unit of the National Wild and Scenic 

24 River System. 

25 (3) A unit of the National Park System. 
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1 (4) A unit of the National Wildlife Refuge Sys2 tem. 

3 (5) A grazing allotment that includes a trail in 

4 the National Trails System. 

5 (6) A unit of the National Landscape Conserva6 tion System. 

7 (7) Any designated critical habitat for a species 

8 listed under the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.). 

10 (8) A designated wilderness study area. 

11 (9) Roadless and undeveloped areas identified 

12 in Forest Service, Roadless Area Conservation EIS, 

13 vol. 2 (Nov. 2000). 

14 (10) An area of critical environmental concern 

15 designated by the Bureau of Land Management. 

16 (11) A designated Research Natural Area. 

17 (12) A grazing allotment that includes a water18 quality-limited stream identified by a State pursuant 

19 to section 303(d) of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1313(d)). 

21 (13) A grazing allotment that includes a stream 

22 segment identified for study under section 5(a) of 

23 the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)). 

24 (14) A grazing allotment that includes a stream 

25 segment identified by the Secretary under section 
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1 5(d)(1) of the Wild and Scenic Rivers Act (16 

2 U.S.C. 1276(d)(1)). 

3 (15) A grazing allotment featuring other sci4 entific, ecological, scenic, watershed, or recreation 

5 values, as determined by the Secretary. 

6 (d) RELATION TO OTHER AUTHORITY.—Nothing in 

7 this Act shall be construed to affect the ability of a per8 mittee or lessee to renew or transfer a grazing permit or 

9 lease as provided by law. 

10 (e) RELATION TO EMINENT DOMAIN.—Nothing in 

11 this Act shall be construed to authorize the use of eminent 

12 domain for the purpose of acquiring a grazing permit or 

13 lease. 

14 SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR 

15 LEASE. 

16 (a) COMPENSATION REQUIRED.—A permittee or les17 see who waives a grazing permit or lease (other than an 

18 ephemeral grazing permit or lease) under section 4(a) 

19 shall be compensated at a rate of $175 per animal unit 

20 month based on the average of the highest three years of 

21 authorized animal unit months out of the last 10 years 

22 authorized to the permittee or lessee or the predecessors 

23 of the permittee or lessee. In the case of an ephemeral 

24 grazing permit or lease, the permittee or lessee shall be 
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1 compensated for the average over the last 10 years of the 

2 actual animal unit months of grazing use. 

3 (b) GRAZING FEES IN ARREARS.—If a permittee or 

4 lessee is in arrears of Federal grazing fees, the amount 

5 of fees in arrears shall be deducted from the amount of 

6 compensation otherwise due the permittee or lessee under 

7 this section. 

8 (c) WAIVER OF CERTAIN PERMITS OR LEASES PRO9 HIBITED.—A permittee or lessee who seeks to waive a 

10 grazing permit or lease under section 4(a) for a grazing 

11 allotment for which no valid grazing permit or lease exists 

12 as of the date of the introduction of this Act shall not 

13 be eligible for compensation under this section. 

14 (d) RELATION TO OTHER AUTHORITY.—Nothing in 

15 this Act shall be construed to affect the Secretary’s au16 thority to otherwise modify or terminate grazing permits 

17 or leases without compensation. Compensation disbursed 

18 pursuant to this section shall not create a property right 

19 in grazing permits or leases. 

20 SEC. 6. DONATION OF GRAZING PERMIT OR LEASE. 

21 (a) DONATION AUTHORIZED.—A permittee or lessee 

22 may at any time waive a claim to compensation in whole 

23 or in part under section 5 and donate to the Secretary 

24 a valid existing grazing permit or lease authorizing com25 mercial livestock grazing on Federal lands. 
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1 (b) ACCEPTANCE OF OTHER COMPENSATION.—A 

2 permittee or lessee may accept compensation from private 

3 or other sources in lieu of, or in addition to, receiving com4 pensation under section 5. 

5 (c) CANCELLATION OF DONATED PERMITS AND

6 LEASES.—The Secretary shall cancel grazing permits or 

7 leases donated under this section and permanently retire 

8 the associated grazing allotments from commercial live9 stock grazing. 

10 SEC. 7. EFFECT OF WAIVER OR DONATION OF GRAZING 

11 PERMIT OR LEASE. 

12 (a) EFFECT ON RANGE DEVELOPMENTS.—A per13 mittee or lessee who waives a grazing permit or lease to 

14 the Secretary under section 4 and receives compensation 

15 under section 5, or donates a grazing permit or lease 

16 under section 6, shall be deemed to have waived any claim 

17 to all range developments on the associated grazing allot18 ments, notwithstanding any other provision of law. 

19 (b) SECURING RETIRED ALLOTMENTS AGAINST UN20 AUTHORIZED USE.—The Secretary shall ensure that graz21 ing allotments retired from grazing under this Act are ren22 dered reasonably secure from trespass grazing by domestic 

23 livestock. 

24 (c) RELATION TO OTHER VALID EXISTING

25 RIGHTS.—Nothing in this Act affects the allocation, own-
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1 ership, interest, or control, in existence on the date of en2 actment of this Act, of any water, water right, or any 

3 other valid existing right held by the United States, Indian 

4 tribe, State, or private individual, partnership or corpora5 tion. 

6 SEC. 8. RETIREMENT OF GRAZING ALLOTMENTS FOR 

7 WHICH NO VALID GRAZING PERMIT OR 

8 LEASE EXISTS. 

9 The Secretary shall not issue grazing permits or 

10 leases for grazing allotments for which no valid permit or 

11 lease exists as of the date of the enactment of this Act, 

12 and shall permanently retire the grazing allotments from 

13 commercial livestock grazing, notwithstanding any other 

14 provision of law. 

15 SEC. 9. EFFECT OF NONUSE OR REDUCED USE. 

16 Notwithstanding any other provision of law, a per17 mittee or lessee may opt not to graze a grazing allotment 

18 or to graze the grazing allotment at less than the min19 imum permitted level and still retain the grazing permit 

20 or lease for the remainder of its term. Such nonuse shall 

21 be considered to be in compliance with the terms of the 

22 grazing permit or lease when it becomes due for renewal. 

23 SEC. 10. COUNTY TRANSITION PAYMENTS. 

24 (a) PAYMENTS REQUIRED.—For each grazing permit 

25 or lease waived under section 4 (other than an ephemeral 
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1 grazing permit or lease), the Secretary shall pay to the 

2 county in which the associated allotment is located $10 

3 per animal unit month based on the average of the highest 

4 three years of authorized animal unit months out of the 

5 last 10 years authorized to the permittee or lessee or the 

6 predecessors of the permittee or lessee. In the case of an 

7 ephemeral grazing permit or lease, the Secretary shall pay 

8 to the county in which the associated allotment is located 

9 $10 per animal unit month based on the average over the 

10 last 10 years of the actual animal unit months of grazing 

11 use. 

12 (b) PROPORTIONAL ALLOCATION AMONG COUN13 TIES.—In cases where an allotment is located in more 

14 than one county, the payment under subsection (a) to each 

15 county in which the allotment is located shall be propor16 tional to the allotment’s land area located in that county. 

17 SEC. 11. AUTHORIZATION OF APPROPRIATION. 

18 There is authorized to be appropriated to the Secre19 taries $100,000,000, to remain available until expended, 

20 to provide compensation to permittees and lessees under 

21 section 5 and to make transition payments to counties 

22 under section 10. None of the funds appropriated pursu23 ant to this section shall be used by any Federal agency 

24 for administrative costs related to the purposes of this Act. 

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