I 

113TH CONGRESS 

1ST SESSION H. R. 2201 

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 

MAY 23, 2013 

Mr. SMITH of Washington (for himself, Mr. GRIJALVA, Mr. LARSEN of Washington, Mr. WAXMAN, Mr. SCHIFF, Mr. MORAN, Ms. LEE of California, 

Mr. MCDERMOTT, and Ms. DELBENE) 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) COMMERCIAL LIVESTOCK GRAZING.—The 

6 term ‘‘commercial livestock grazing’’ means the 

7 grazing of domestic livestock on Federal lands as au8 thorized by a grazing permit or lease. The term does 

9 not include beasts of burden used for recreational 

10 purposes. 

11 (2) GRAZING ALLOTMENT.—The term ‘‘grazing 

12 allotment’’ means the designated portion of Federal 

13 land upon which domestic livestock are permitted to 

14 graze by a grazing permit or lease. 

15 (3) GRAZING PERMIT; LEASE.—The terms 

16 ‘‘grazing permit or lease’’ and ‘‘grazing permit and 

17 lease’’ mean any document authorizing the use of 

18 Federal lands for the purpose of commercial live19 stock grazing. 

20 (4) PERMITTEE; LESSEE.—The terms ‘‘per21 mittee or lessee’’ and ‘‘permittee and lessee’’ mean 

22 a livestock operator that holds a valid existing graz23 ing permit or lease. 

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

25 developments’’ means structures, fences, and other 


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1 permanent fixtures placed on Federal lands for the 

2 furtherance of the purpose of grazing domestic live3 stock. The term does not include rolling stock, live4 stock and diversions of water from Federal lands 

5 onto non-Federal lands. 

6 (6) SECRETARIES.—The term ‘‘Secretaries’’ re7 fers to the Secretary of Agriculture and the Sec8 retary of Interior. 

9 (7) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Agriculture or the Secretary of the 

11 Interior, as appropriate to the administration of a 

12 grazing permit or lease. 

13 SEC. 4. RURAL VITALIZATION PROGRAM. 

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

15 (1) ACCEPTANCE BY SECRETARY.—Subject to 

16 the limitation set forth in subsection (c), the Sec17 retary shall accept any grazing permit or lease that 

18 is waived by a grazing permittee or lessee. 

19 (2) TERMINATION.—The Secretary shall termi20 nate any grazing permit or lease acquired under 

21 paragraph (1). 

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

23 With respect to each grazing lease or grazing permit 

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


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1 (A) not issue any new grazing permit or 

2 lease within the grazing allotment covered by 

3 the grazing permit or lease; and 

4 (B) ensure a permanent end to livestock 

5 grazing on the grazing allotment covered by the 

6 grazing permit or lease. 

7 (b) WAIVER OF GRAZING PERMIT OR LEASE ON

8 COMMON ALLOTMENTS.— 

9 (1) IN GENERAL.—If a grazing allotment cov10 ered by a grazing permit or lease that is waived 

11 under subsection (a) is also covered by another graz12 ing permit or lease that is not waived, the Secretary 

13 shall reduce the level of commercial livestock grazing 

14 on the grazing allotment to reflect the waiver. 

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

16 is a permanent reduction in the level of livestock 

17 grazing on the land covered by the grazing permit 

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

19 shall not allow grazing to exceed the level established 

20 under paragraph (1). 

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

22 more than 100 grazing permits and leases, in the aggre23 gate, per year under this section on a first come, first 

24 served basis. 


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

2 LEASE. 

3 (a) EFFECT ON RANGE DEVELOPMENTS.—A per4 mittee or lessee who waives a grazing permit or lease to 

5 the Secretary under section 4 shall be deemed to have 

6 waived any claim to all range developments on the associ7 ated grazing allotment, notwithstanding any other provi8 sion of law. 

9 (b) SECURING RETIRED ALLOTMENTS AGAINST UN10 AUTHORIZED USE.—The Secretary shall ensure that graz11 ing allotments retired from grazing under this Act are ren12 dered reasonably secure from trespass grazing by domestic 

13 livestock. 

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

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

17 in accordance with other law. 

18 (d) RELATION TO VALID EXISTING RIGHTS.—Noth19 ing in this Act affects the allocation, ownership, interest, 

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

21 this Act, of any water, water right, or any other valid ex22 isting right held by the United States, Indian tribe, State, 

23 county, municipality or private individual, partnership or 

24 corporation. 

Æ 


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