I

104TH CONGRESS

1ST SESSION H. R. 1375

To provide for the extension of expiring term grazing permits for lands

within the National Forest System pending the completion by the Forest

Service of final agency action in connection with the renewal of such

permits.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 1995

Mr. COOLEY introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Resources, 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 for the extension of expiring term grazing permits

for lands within the National Forest System pending

the completion by the Forest Service of final agency

action in connection with the renewal of such permits.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AUTOMATIC EXTENSION OF NATIONAL FOREST

2 SYSTEM GRAZING PERMITS PENDING COM3 PLETION OF FINAL AGENCY ACTION.

4 (a) EXTENSION.—The term of each expiring term

5 grazing permit issued for lands within the National Forest

6 System is hereby extended to cover the period beginning

7 on the expiration date of the permit and ending on the

8 date on which the Secretary of Agriculture completes final

9 agency action in connection with the renewal of the per10 mit. The extension shall apply to the holder of the expiring

11 term grazing permit, subject to the same terms and condi12 tions as apply to the expiring term grazing permit.

13 (b) EXCEPTION.—Subsection (a) shall not apply if

14 the holder of an expiring term grazing permit is not in

15 compliance with the terms and conditions of the permit

16 at the time the permit is originally due to expire.

17 (c) ADMINISTRATIVE APPEAL AND JUDICIAL RE18 VIEW.—The extension of expiring term grazing permits

19 under subsection (a) shall not be subject to administrative

20 appeal or judicial review.

21 (d) DEFINITIONS.—For purposes of this section:

22 (1) EXPIRING TERM GRAZING PERMIT.—The

23 term ‘‘expiring term grazing permit’’ means a term

24 grazing permit—

25 (A) that expires in 1995 or 1996; or
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1 (B) that expired in 1994 and has not been

2 replaced with a new term grazing permit solely

3 because the analysis required by the National

4 Environmental Policy Act of 1969 (42 U.S.C.

5 4321 et seq.) and other applicable laws has not

6 been completed.

7 (2) FINAL AGENCY ACTION.—The term ‘‘final

8 agency action’’ means agency action regarding an

9 expiring term grazing permit in which—

10 (A) any analysis required by the National

11 Environmental Policy Act of 1969 (42 U.S.C.

12 4321 et seq.) and other applicable laws has

13 been completed; and

14 (B) all available administrative remedies

15 have been exhausted.

16 (3) HOLDER.—The term ‘‘holder’’ includes the

17 purchaser of a term grazing permit holder’s per18 mitted livestock or base property if—

19 (A) between January 1, 1995, and Decem20 ber 1, 1996, the holder has waived the term

21 grazing permit to the Secretary pursuant to

22 section 222.3(c)(1)(iv) of title 36, Code of Fed23 eral Regulations; and

24 (B) the purchaser of the term grazing per25 mit holder’s permitted livestock or base prop-
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1 erty is eligible and qualified to hold a term

2 grazing permit.

3 (4) TERM GRAZING PERMIT.—The term ‘‘term

4 grazing permit’’ means a grazing permit or grazing

5 agreement issued by the Secretary of Agriculture for

6 a specified term under section 402 of the Federal

7 Land Policy and Management Act of 1976 (43

8 U.S.C. 1752), section 19 of the Act of April 24,

9 1950 (commonly known as the ‘‘Granger-Thye Act’’)

10 (16 U.S.C. 580l), or other law.

Æ