II 

Calendar No. 627 

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 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

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

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Bureau of Land Management. 

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

6 means land managed by the Bureau. 

7 (3) OPERATIONAL FLEXIBILITY.—The term 

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

9 Federal land, means changes made to grazing man10 agement of an allotment or allotment area that— 

11 (A) differ from— 

12 (i) the terms and conditions of the ap13 plicable grazing permit or lease; or 

14 (ii) the administration of grazing on 

15 the applicable allotment or allotment area 

16 during the preceding year; or 

17 (B) are based on emerging landscape con18 ditions or producer needs. 

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

20 the Operational Flexibility Grazing Management 

21 Program authorized under section 3(a). 

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

23 the Secretary of the Interior. 


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1 SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGE2 MENT PROGRAM. 

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

4 grazing management program on Federal land, to be 

5 known as the ‘‘Operational Flexibility Grazing Manage6 ment Program’’, in accordance with applicable law (includ7 ing regulations) and the memorandum entitled ‘‘Bureau 

8 of Land Management Instruction Memorandum 2018– 

9 109’’ (as in effect on September 30, 2021), to provide to 

10 authorized grazing permittees and lessees increased oper11 ational flexibility to improve the long-term ecological 

12 health of the Federal land. 

13 (b) FLEXIBLE GRAZING USE ALTERNATIVE FOR A

14 GRAZING PERMIT OR LEASE.— 

15 (1) IN GENERAL.—At the request of an author16 ized grazing permittee or lessee, for purposes of re17 newing a grazing permit or lease under the program, 

18 pursuant to the National Environmental Policy Act 

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

20 shall develop and authorize at least 1 alternative to 

21 provide operational flexibility in livestock grazing use 

22 to account for changing conditions. 

23 (2) CONSULTATION.—The Secretary shall de24 velop alternatives under paragraph (1) in consulta25 tion with— 


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1 (A) the authorized grazing permittee or 

2 lessee; 

3 (B) affected Federal and State agencies; 

4 (C) applicable Indian Tribes; and 

5 (D) other landowners, permittees, or les6 sees in the affected allotment. 

7 (c) IMPLEMENTATION OF INTERIM OPERATIONAL

8 FLEXIBILITIES.—At the request of an authorized grazing 

9 permittee or lessee, the Secretary shall, using new and ex10 isting data, allow a variance to the terms and conditions 

11 of the existing applicable grazing permit or lease for a pe12 riod not to exceed the remaining term of the grazing per13 mit or lease to address significant changes in weather, for14 age production, effects of fire, drought, market conditions, 

15 or other temporary conditions— 

16 (1) by adjusting the season of use, the begin17 ning date of the period of use, the ending date of 

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

19 ending date, the stocking level, water placement and 

20 transportation, and other necessary operational flexi21 bilities, as applicable, under the grazing permit or 

22 lease, subject to the requirements that— 

23 (A) unless otherwise specified in the appro24 priate allotment management plan or any other 

25 activity plan that is the functional equivalent to 


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1 the appropriate allotment management plan 

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

3 Federal Regulations (or a successor regulation), 

4 the applicable adjusted date of the season of 

5 use occurs— 

6 (i) not earlier than 14 days before the 

7 beginning date specified in the applicable 

8 grazing permit or lease; and 

9 (ii) not later than 14 days after the 

10 ending date specified in the applicable 

11 grazing permit or lease; and 

12 (B) the authorized grazing permittee or 

13 lessee provides notice of the adjustment to the 

14 Bureau not later than 2 business days before 

15 the date of adjustment; and 

16 (2) by authorizing the immediate implementa17 tion and adoption of operational flexibilities in cases 

18 in which operational flexibilities are necessary to 

19 achieve ecological health, avoid immediate ecological 

20 degradation of the allotment or allotment area, or 

21 respond to an emerging management need. 

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

23 outcomes from the use of operational flexibilities under the 

24 program, the Secretary, in coordination with grazing per25 mittees and lessees, shall use— 


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1 (1) cooperative rangeland monitoring plans that 

2 comply with any applicable monitoring requirements 

3 under the Federal Land Policy and Management Act 

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

5 Federal grazing regulations; and 

6 (2) rangeland health objectives. 

7 (e) REPORTING REQUIREMENTS; REVIEW.— 

8 (1) REPORTING REQUIREMENTS.— 

9 (A) ANNUAL REPORTS.— 

10 (i) IN GENERAL.—Annually, program 

11 staff shall submit to the Secretary a report 

12 on the program. 

13 (ii) FAILURE TO SUBMIT.—The fail14 ure of program staff to submit an annual 

15 report required under clause (i) shall not 

16 affect the ability of authorized grazing per17 mittees or lessees to participate in the pro18 gram. 

19 (B) REPORTS TO CONGRESS.—Not later 

20 than 3 years after the date of enactment of this 

21 Act and every 3 years thereafter, the Secretary 

22 shall submit to the appropriate committees of 

23 Congress a report that describes the use of 

24 operational flexibilities under the program and 

25 any associated information relating to ecological 


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1 outcomes and land health standards under the 

2 program. 

3 (2) REVIEW.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), not earlier than the date that is 8 

6 years after the date of enactment of this Act, 

7 the Secretary shall conduct a review of the use 

8 of operational flexibilities under the program, 

9 including a review of ecological outcomes and 

10 other relevant outcomes under the program. 

11 (B) NO EFFECT ON GRAZING AUTHORIZA12 TIONS OR USE.—The review of the program 

13 under subparagraph (A) shall not affect the ex14 istence, renewal, or termination of a grazing 

15 permit or lease entered into under the program. 

16 (f) NO EFFECT ON GRAZING PREFERENCE OR AC17 TIVITIES.—Nothing in this Act— 

18 (1) affects grazing preferences or authorizations 

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

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

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

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

23 applicable Federal law; 

24 (2) requires grazing permittees or lessees to 

25 pursue operational flexibilities during the renewal, 


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1 extension, or authorization of a new grazing permit 

2 or lease; 

3 (3) requires the Secretary to consider modifying 

4 or terminating any grazing activity, authorization, or 

5 use; or 

6 (4) precludes the Secretary from modifying or 

7 terminating an existing grazing permit or lease in 

8 accordance with applicable law (including regula9 tions). 

10 (g) NO TERMINATION OF GRAZING PERMIT OR

11 LEASE FOR USE OF OPERATIONAL FLEXIBILITIES.—The 

12 Secretary may not terminate or fail to renew an applicable 

13 grazing permit or lease for a violation of the applicable 

14 grazing permit or lease that is due to the use of an oper15 ational flexibility under the program. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Operational Flexibility 

18 Grazing Management Program Act’’. 

19 SEC. 2. DEFINITIONS. 

20 In this Act: 

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

22 Bureau of Land Management. 

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

24 means land managed by the Bureau. 


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1 (3) OPERATIONAL FLEXIBILITY.—The term 

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

3 Federal land, means a change made to grazing man4 agement of an allotment that— 

5 (A) modifies a grazing permit or lease to 

6 allow a variance from the terms and conditions 

7 of the applicable grazing permit or lease to exer8 cise flexibility by making adjustments to live9 stock grazing use; or 

10 (B) is based on emerging landscape condi11 tions resulting from changes in weather, forage 

12 production, effects of wildfire or drought, or 

13 other temporary circumstances that impact re14 source conditions. 

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

16 Operational Flexibility Grazing Management Pro17 gram authorized under section 3(a). 

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

19 the Secretary of the Interior. 

20 SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGEMENT 

21 PROGRAM. 

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

23 grazing management program on Federal land, to be known 

24 as the ‘‘Operational Flexibility Grazing Management Pro25 gram’’, in accordance with applicable law (including reguVerDate Sep 11 2014 18:48 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S4454.RS S4454

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1 lations) and the memorandum entitled ‘‘Bureau of Land 

2 Management Instruction Memorandum 2018–109’’ (as in 

3 effect on September 30, 2021) (or a substantially similar 

4 successor memorandum), for the sole purpose of providing 

5 to authorized grazing permittees and lessees, on request of 

6 the applicable authorized grazing permittees and lessees, in7 creased operational flexibility to adapt to and improve the 

8 long-term ecological health of the Federal land, in accord9 ance with this section. 

10 (b) FLEXIBLE GRAZING USE ALTERNATIVE FOR A

11 GRAZING PERMIT OR LEASE.— 

12 (1) IN GENERAL.—At the request of an author13 ized grazing permittee or lessee, for purposes of re14 newing a grazing permit or lease of the applicable 

15 authorized grazing permittee or lessee under the pro16 gram, pursuant to the National Environmental Pol17 icy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary 

18 shall develop and analyze at least 1 alternative to 

19 provide operational flexibility in livestock grazing use 

20 to account for changing conditions. 

21 (2) NEW OR RENEWED PERMIT TERMS AND CON22 DITIONS.— 

23 (A) PREFERRED ALTERNATIVE.—If the Sec24 retary determines that an alternative developed 


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1 and analyzed under paragraph (1) is the pre2 ferred alternative, the Secretary shall— 

3 (i) incorporate the preferred alter4 native, including the applicable monitoring 

5 plan, into the terms and conditions of the 

6 applicable grazing permit or lease; and 

7 (ii) specify how monitoring informa8 tion with respect to the preferred alternative 

9 should be used to inform management ad10 justments under the program. 

11 (B) ADJUSTMENTS.—Before implementing 

12 any measure for the purposes of operational 

13 flexibilities with respect to which a grazing use 

14 authorized under the terms and conditions of a 

15 permit or lease with respect to which a preferred 

16 alternative has been incorporated under subpara17 graph (A)(i), the authorized grazing permittee or 

18 lessee shall notify the Secretary in writing of the 

19 proposed adjustment. 

20 (C) APPLICABLE LAW.—The implementa21 tion of a preferred alternative incorporated 

22 under subparagraph (A)(i) in a component of 

23 the National Landscape Conservation System 

24 shall be in accordance with the laws (including 


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1 regulations) applicable to the component of the 

2 National Landscape Conservation System. 

3 (c) INTERIM OPERATIONAL FLEXIBILITY.— 

4 (1) IN GENERAL.—At the request of an author5 ized grazing permittee or lessee, the Secretary, using 

6 new and existing data, may allow a temporary vari7 ance to the terms and conditions of a grazing permit 

8 or lease to address significant changes in weather, for9 age production, the effects of fire or drought, or other 

10 temporary circumstances that impact resource condi11 tions, to facilitate the long-term ecological health of 

12 the Federal land. 

13 (2) VARIANCES.—In approving a request for in14 terim operational flexibility, the Secretary may au15 thorize a temporary variance to the terms and condi16 tions of the applicable grazing permit or lease to ad17 just the beginning date, the ending date, both the be18 ginning date and ending date, or water transpor19 tation, as applicable, as specified in the applicable 

20 grazing permit or lease, subject to— 

21 (A) the requirement that, unless otherwise 

22 specified in the appropriate allotment manage23 ment plan or any other activity plan that is the 

24 functional equivalent to the appropriate allot25 ment management plan under section 


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1 4120.2(a)(3) of title 43, Code of Federal Regula2 tions (or a successor regulation), the applicable 

3 adjusted date of the season of use— 

4 (i) occurs— 

5 (I) not earlier than 21 days before 

6 the beginning date specified in the ap7 plicable grazing permit or lease; or 

8 (II) not later than 21 days after 

9 the ending date specified in the appli10 cable grazing permit or lease; and 

11 (ii) would not result in forage removal 

12 that exceeds the amount of active use speci13 fied in the applicable grazing permit or 

14 lease; 

15 (B) the requirement that the authorized 

16 grazing permittee or lessee provides notice of the 

17 adjustment to the Bureau not later than 7 busi18 ness days before the date of adjustment; and 

19 (C) any other terms and conditions the Sec20 retary determines to be appropriate. 

21 (3) MONITORING PLANS FOR INTERIM OPER22 ATIONAL FLEXIBILITIES.— 

23 (A) IN GENERAL.—In accordance with ap24 plicable law (including regulations) and applica25 ble permit or lease terms and conditions, an auVerDate Sep 11 2014 18:48 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S4454.RS S4454

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1 thorized grazing permittee or lessee using in2 terim operational flexibilities under this sub3 section shall develop and use a monitoring plan 

4 determined to be acceptable to the Secretary as 

5 a reasonable way to track the effects of the in6 terim operational flexibilities under the program 

7 on the long-term ecological health of the allot8 ment on which the interim operational flexibili9 ties are used. 

10 (B) USE OF DATA; THIRD-PARTY DATA.—A 

11 monitoring plan developed under subparagraph 

12 (A) shall include provisions— 

13 (i) allowing the use by the authorized 

14 grazing permittee or lessee of any data gen15 erated under the terms and conditions of the 

16 applicable permit or lease; and 

17 (ii) for adjusting any components of 

18 the monitoring plan, including acceptance 

19 of data from third parties as part of the 

20 monitoring process. 

21 (C) MONITORING DATA.— 

22 (i) IN GENERAL.—The Secretary shall 

23 accept for consideration under the moni24 toring process established in accordance 


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1 with a monitoring plan developed under 

2 this paragraph any monitoring data that— 

3 (I) are collected using Bureau-ap4 proved methods and protocols; and 

5 (II) meet Bureau data quality re6 quirements. 

7 (ii) LIMITATION.—Any monitoring 

8 data not collected using Bureau-approved 

9 methods and protocols or determined by the 

10 Secretary not to accurately reflect on-the11 ground conditions may be subject to limited 

12 use under the monitoring process established 

13 in a monitoring plan developed under this 

14 paragraph. 

15 (4) REPORTING.— 

16 (A) IN GENERAL.—An authorized grazing 

17 permittee or lessee implementing interim oper18 ational flexibility under this subsection shall in19 clude with the annual monitoring data sub20 mitted under subsection (d)(1)(A) a description 

21 of— 

22 (i) any interim operational flexibilities 

23 or permit or lease variances implemented 

24 by the authorized grazing permittee or lessee 


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1 during the previous year in response to re2 source conditions; and 

3 (ii) the effects of those implemented in4 terim operational flexibilities on landscape 

5 health. 

6 (B) REQUIREMENT.—The Secretary shall— 

7 (i) assess the impact of the interim 

8 operational flexibilities implemented under 

9 this subsection; and 

10 (ii) terminate those interim oper11 ational flexibilities if the Secretary deter12 mines that applicable land health standards 

13 are not met. 

14 (d) REPORTING REQUIREMENTS; REVIEW.— 

15 (1) REPORTING REQUIREMENTS.— 

16 (A) ANNUAL REPORTING.—Not less fre17 quently than annually, each authorized grazing 

18 permittee or lessee participating in the program 

19 shall submit to the applicable Bureau program 

20 staff monitoring data relating to any operational 

21 flexibilities or permit or lease variances imple22 mented by the authorized grazing permittee or 

23 lessee during the previous year. 

24 (B) REPORTS TO SECRETARY.— 


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1 (i) IN GENERAL.—Not later than 3 

2 years after the date of enactment of this Act 

3 and every 3 years thereafter, program staff 

4 shall submit to the Secretary a report on 

5 the program. 

6 (ii) FAILURE TO SUBMIT.—The failure 

7 of program staff to submit a report required 

8 under clause (i) shall not affect the ability 

9 of authorized grazing permittees or lessees to 

10 participate in the program. 

11 (C) REPORTS TO CONGRESS.—Not later 

12 than 4 years after the date of enactment of this 

13 Act and every 3 years thereafter, the Secretary 

14 shall submit to the appropriate committees of 

15 Congress a report that describes— 

16 (i) the use of operational flexibilities 

17 under the program; and 

18 (ii) any associated information relat19 ing to ecological outcomes and land health 

20 standards under the program. 

21 (2) REVIEW.— 

22 (A) IN GENERAL.—Subject to subparagraph 

23 (B), not earlier than the date that is 8 years 

24 after the date of enactment of this Act, the Sec25 retary shall conduct a review of the use of operVerDate Sep 11 2014 18:48 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S4454.RS S4454

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1 ational flexibilities under the program, including 

2 a review of ecological outcomes and other rel3 evant outcomes under the program. 

4 (B) NO EFFECT ON GRAZING AUTHORIZA5 TIONS OR USE.—The review of the program 

6 under subparagraph (A) shall not affect the ex7 istence, renewal, or termination of a grazing per8 mit or lease entered into under the program. 

9 (e) NO EFFECT ON GRAZING PREFERENCE OR ACTIVI10 TIES.—Nothing in this Act— 

11 (1) affects grazing preferences or authorizations 

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

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

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

15 Act of 1976 (43 U.S.C. 1701 et seq.), or any other ap16 plicable Federal law; 

17 (2) requires grazing permittees or lessees to pur18 sue operational flexibilities during the renewal, exten19 sion, or authorization of a new grazing permit or 

20 lease; 

21 (3) requires the Secretary to consider modifying 

22 or terminating any grazing activity, authorization, 

23 or use; or 

24 (4) precludes the Secretary from modifying or 

25 terminating an existing grazing permit or lease in 


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1 accordance with applicable law (including regula2 tions). 


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Calendar No. 627 

118TH CONGRESS 

2D SESSION S. 4454 

A BILL 

To provide for the establishment of an Operational 

ment, and for other purposes. land managed by the Bureau of Land ManageFlexibility Grazing Management Program on 

NOVEMBER 21, 2024 

Reported with an amendment 


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