II 

118TH CONGRESS 

2D SESSION S. 4454 

To provide for the establishment of an Operational Flexibility Grazing Management Program on land managed by the Bureau of Land Management, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2024 

Mr. BARRASSO (for himself and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the establishment of an Operational Flexibility 

Grazing Management Program on land managed by the 

Bureau of Land Management, 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 ‘‘Operational Flexibility 

5 Grazing Management Program Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BUREAU.—The term ‘‘Bureau’’ means the 

9 Bureau of Land Management. 


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1 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means land managed by the Bureau. 

3 (3) OPERATIONAL FLEXIBILITY.—The term 

4 ‘‘operational flexibility’’, with respect to grazing on 

5 Federal land, means changes made to grazing man6 agement of an allotment or allotment area that— 

7 (A) differ from— 

8 (i) the terms and conditions of the ap9 plicable grazing permit or lease; or 

10 (ii) the administration of grazing on 

11 the applicable allotment or allotment area 

12 during the preceding year; or 

13 (B) are based on emerging landscape con14 ditions or producer needs. 

15 (4) PROGRAM.—The term ‘‘program’’ means 

16 the Operational Flexibility Grazing Management 

17 Program authorized under section 3(a). 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGE21 MENT PROGRAM. 

22 (a) IN GENERAL.—The Secretary may carry out a 

23 grazing management program on Federal land, to be 

24 known as the ‘‘Operational Flexibility Grazing Manage25 ment Program’’, in accordance with applicable law (includVerDate Sep 11 2014 20:52 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4454.IS S4454

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1 ing regulations) and the memorandum entitled ‘‘Bureau 

2 of Land Management Instruction Memorandum 2018– 

3 109’’ (as in effect on September 30, 2021), to provide to 

4 authorized grazing permittees and lessees increased oper5 ational flexibility to improve the long-term ecological 

6 health of the Federal land. 

7 (b) FLEXIBLE GRAZING USE ALTERNATIVE FOR A

8 GRAZING PERMIT OR LEASE.— 

9 (1) IN GENERAL.—At the request of an author10 ized grazing permittee or lessee, for purposes of re11 newing a grazing permit or lease under the program, 

12 pursuant to the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.), the Secretary 

14 shall develop and authorize at least 1 alternative to 

15 provide operational flexibility in livestock grazing use 

16 to account for changing conditions. 

17 (2) CONSULTATION.—The Secretary shall de18 velop alternatives under paragraph (1) in consulta19 tion with— 

20 (A) the authorized grazing permittee or 

21 lessee; 

22 (B) affected Federal and State agencies; 

23 (C) applicable Indian Tribes; and 

24 (D) other landowners, permittees, or les25 sees in the affected allotment. 


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1 (c) IMPLEMENTATION OF INTERIM OPERATIONAL

2 FLEXIBILITIES.—At the request of an authorized grazing 

3 permittee or lessee, the Secretary shall, using new and ex4 isting data, allow a variance to the terms and conditions 

5 of the existing applicable grazing permit or lease for a pe6 riod not to exceed the remaining term of the grazing per7 mit or lease to address significant changes in weather, for8 age production, effects of fire, drought, market conditions, 

9 or other temporary conditions— 

10 (1) by adjusting the season of use, the begin11 ning date of the period of use, the ending date of 

12 the period of use, or both the beginning date and 

13 ending date, the stocking level, water placement and 

14 transportation, and other necessary operational flexi15 bilities, as applicable, under the grazing permit or 

16 lease, subject to the requirements that— 

17 (A) unless otherwise specified in the appro18 priate allotment management plan or any other 

19 activity plan that is the functional equivalent to 

20 the appropriate allotment management plan 

21 under section 4120.2(a)(3) of title 43, Code of 

22 Federal Regulations (or a successor regulation), 

23 the applicable adjusted date of the season of 

24 use occurs— 


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1 (i) not earlier than 14 days before the 

2 beginning date specified in the applicable 

3 grazing permit or lease; and 

4 (ii) not later than 14 days after the 

5 ending date specified in the applicable 

6 grazing permit or lease; and 

7 (B) the authorized grazing permittee or 

8 lessee provides notice of the adjustment to the 

9 Bureau not later than 2 business days before 

10 the date of adjustment; and 

11 (2) by authorizing the immediate implementa12 tion and adoption of operational flexibilities in cases 

13 in which operational flexibilities are necessary to 

14 achieve ecological health, avoid immediate ecological 

15 degradation of the allotment or allotment area, or 

16 respond to an emerging management need. 

17 (d) MONITORING PLANS.—To monitor and evaluate 

18 outcomes from the use of operational flexibilities under the 

19 program, the Secretary, in coordination with grazing per20 mittees and lessees, shall use— 

21 (1) cooperative rangeland monitoring plans that 

22 comply with any applicable monitoring requirements 

23 under the Federal Land Policy and Management Act 

24 of 1976 (43 U.S.C. 1701 et seq.) and any applicable 

25 Federal grazing regulations; and 


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1 (2) rangeland health objectives. 

2 (e) REPORTING REQUIREMENTS; REVIEW.— 

3 (1) REPORTING REQUIREMENTS.— 

4 (A) ANNUAL REPORTS.— 

5 (i) IN GENERAL.—Annually, program 

6 staff shall submit to the Secretary a report 

7 on the program. 

8 (ii) FAILURE TO SUBMIT.—The fail9 ure of program staff to submit an annual 

10 report required under clause (i) shall not 

11 affect the ability of authorized grazing per12 mittees or lessees to participate in the pro13 gram. 

14 (B) REPORTS TO CONGRESS.—Not later 

15 than 3 years after the date of enactment of this 

16 Act and every 3 years thereafter, the Secretary 

17 shall submit to the appropriate committees of 

18 Congress a report that describes the use of 

19 operational flexibilities under the program and 

20 any associated information relating to ecological 

21 outcomes and land health standards under the 

22 program. 

23 (2) REVIEW.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), not earlier than the date that is 8 


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1 years after the date of enactment of this Act, 

2 the Secretary shall conduct a review of the use 

3 of operational flexibilities under the program, 

4 including a review of ecological outcomes and 

5 other relevant outcomes under the program. 

6 (B) NO EFFECT ON GRAZING AUTHORIZA7 TIONS OR USE.—The review of the program 

8 under subparagraph (A) shall not affect the ex9 istence, renewal, or termination of a grazing 

10 permit or lease entered into under the program. 

11 (f) NO EFFECT ON GRAZING PREFERENCE OR AC12 TIVITIES.—Nothing in this Act— 

13 (1) affects grazing preferences or authorizations 

14 provided under the Act of June 28, 1934 (commonly 

15 known as the ‘‘Taylor Grazing Act’’; 43 U.S.C. 315 

16 et seq.), the Federal Land Policy and Management 

17 Act of 1976 (43 U.S.C. 1701 et seq.), or any other 

18 applicable Federal law; 

19 (2) requires grazing permittees or lessees to 

20 pursue operational flexibilities during the renewal, 

21 extension, or authorization of a new grazing permit 

22 or lease; 

23 (3) requires the Secretary to consider modifying 

24 or terminating any grazing activity, authorization, or 

25 use; or 


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1 (4) precludes the Secretary from modifying or 

2 terminating an existing grazing permit or lease in 

3 accordance with applicable law (including regula4 tions). 

5 (g) NO TERMINATION OF GRAZING PERMIT OR

6 LEASE FOR USE OF OPERATIONAL FLEXIBILITIES.—The 

7 Secretary may not terminate or fail to renew an applicable 

8 grazing permit or lease for a violation of the applicable 

9 grazing permit or lease that is due to the use of an oper10 ational flexibility under the program. 

Æ 


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