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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4454 Reported in Senate (RS)]

<DOC>

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Operational Flexibility 
Grazing Management Program Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Bureau.--The term ``Bureau'' means the Bureau 
        of Land Management.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        land managed by the Bureau.</DELETED>
        <DELETED>    (3) Operational flexibility.--The term 
        ``operational flexibility'', with respect to grazing on Federal 
        land, means changes made to grazing management of an allotment 
        or allotment area that--</DELETED>
                <DELETED>    (A) differ from--</DELETED>
                        <DELETED>    (i) the terms and conditions of 
                        the applicable grazing permit or lease; 
                        or</DELETED>
                        <DELETED>    (ii) the administration of grazing 
                        on the applicable allotment or allotment area 
                        during the preceding year; or</DELETED>
                <DELETED>    (B) are based on emerging landscape 
                conditions or producer needs.</DELETED>
        <DELETED>    (4) Program.--The term ``program'' means the 
        Operational Flexibility Grazing Management Program authorized 
        under section 3(a).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGEMENT 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary may carry out a grazing 
management program on Federal land, to be known as the ``Operational 
Flexibility Grazing Management Program'', in accordance with applicable 
law (including regulations) and the memorandum entitled ``Bureau of 
Land Management Instruction Memorandum 2018-109'' (as in effect on 
September 30, 2021), to provide to authorized grazing permittees and 
lessees increased operational flexibility to improve the long-term 
ecological health of the Federal land.</DELETED>
<DELETED>    (b) Flexible Grazing Use Alternative for a Grazing Permit 
or Lease.--</DELETED>
        <DELETED>    (1) In general.--At the request of an authorized 
        grazing permittee or lessee, for purposes of renewing a grazing 
        permit or lease under the program, pursuant to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
        Secretary shall develop and authorize at least 1 alternative to 
        provide operational flexibility in livestock grazing use to 
        account for changing conditions.</DELETED>
        <DELETED>    (2) Consultation.--The Secretary shall develop 
        alternatives under paragraph (1) in consultation with--
        </DELETED>
                <DELETED>    (A) the authorized grazing permittee or 
                lessee;</DELETED>
                <DELETED>    (B) affected Federal and State 
                agencies;</DELETED>
                <DELETED>    (C) applicable Indian Tribes; 
                and</DELETED>
                <DELETED>    (D) other landowners, permittees, or 
                lessees in the affected allotment.</DELETED>
<DELETED>    (c) Implementation of Interim Operational Flexibilities.--
At the request of an authorized grazing permittee or lessee, the 
Secretary shall, using new and existing data, allow a variance to the 
terms and conditions of the existing applicable grazing permit or lease 
for a period not to exceed the remaining term of the grazing permit or 
lease to address significant changes in weather, forage production, 
effects of fire, drought, market conditions, or other temporary 
conditions--</DELETED>
        <DELETED>    (1) by adjusting the season of use, the beginning 
        date of the period of use, the ending date of the period of 
        use, or both the beginning date and ending date, the stocking 
        level, water placement and transportation, and other necessary 
        operational flexibilities, as applicable, under the grazing 
        permit or lease, subject to the requirements that--</DELETED>
                <DELETED>    (A) unless otherwise specified in the 
                appropriate allotment management plan or any other 
                activity plan that is the functional equivalent to the 
                appropriate allotment management plan under section 
                4120.2(a)(3) of title 43, Code of Federal Regulations 
                (or a successor regulation), the applicable adjusted 
                date of the season of use occurs--</DELETED>
                        <DELETED>    (i) not earlier than 14 days 
                        before the beginning date specified in the 
                        applicable grazing permit or lease; 
                        and</DELETED>
                        <DELETED>    (ii) not later than 14 days after 
                        the ending date specified in the applicable 
                        grazing permit or lease; and</DELETED>
                <DELETED>    (B) the authorized grazing permittee or 
                lessee provides notice of the adjustment to the Bureau 
                not later than 2 business days before the date of 
                adjustment; and</DELETED>
        <DELETED>    (2) by authorizing the immediate implementation 
        and adoption of operational flexibilities in cases in which 
        operational flexibilities are necessary to achieve ecological 
        health, avoid immediate ecological degradation of the allotment 
        or allotment area, or respond to an emerging management 
        need.</DELETED>
<DELETED>    (d) Monitoring Plans.--To monitor and evaluate outcomes 
from the use of operational flexibilities under the program, the 
Secretary, in coordination with grazing permittees and lessees, shall 
use--</DELETED>
        <DELETED>    (1) cooperative rangeland monitoring plans that 
        comply with any applicable monitoring requirements under the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.) and any applicable Federal grazing regulations; 
        and</DELETED>
        <DELETED>    (2) rangeland health objectives.</DELETED>
<DELETED>    (e) Reporting Requirements; Review.--</DELETED>
        <DELETED>    (1) Reporting requirements.--</DELETED>
                <DELETED>    (A) Annual reports.--</DELETED>
                        <DELETED>    (i) In general.--Annually, program 
                        staff shall submit to the Secretary a report on 
                        the program.</DELETED>
                        <DELETED>    (ii) Failure to submit.--The 
                        failure of program staff to submit an annual 
                        report required under clause (i) shall not 
                        affect the ability of authorized grazing 
                        permittees or lessees to participate in the 
                        program.</DELETED>
                <DELETED>    (B) Reports to congress.--Not later than 3 
                years after the date of enactment of this Act and every 
                3 years thereafter, the Secretary shall submit to the 
                appropriate committees of Congress a report that 
                describes the use of operational flexibilities under 
                the program and any associated information relating to 
                ecological outcomes and land health standards under the 
                program.</DELETED>
        <DELETED>    (2) Review.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), not earlier than the date that is 8 years after 
                the date of enactment of this Act, the Secretary shall 
                conduct a review of the use of operational 
                flexibilities under the program, including a review of 
                ecological outcomes and other relevant outcomes under 
                the program.</DELETED>
                <DELETED>    (B) No effect on grazing authorizations or 
                use.--The review of the program under subparagraph (A) 
                shall not affect the existence, renewal, or termination 
                of a grazing permit or lease entered into under the 
                program.</DELETED>
<DELETED>    (f) No Effect on Grazing Preference or Activities.--
Nothing in this Act--</DELETED>
        <DELETED>    (1) affects grazing preferences or authorizations 
        provided under the Act of June 28, 1934 (commonly known as the 
        ``Taylor Grazing Act''; 43 U.S.C. 315 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), or any other applicable Federal law;</DELETED>
        <DELETED>    (2) requires grazing permittees or lessees to 
        pursue operational flexibilities during the renewal, extension, 
        or authorization of a new grazing permit or lease;</DELETED>
        <DELETED>    (3) requires the Secretary to consider modifying 
        or terminating any grazing activity, authorization, or use; 
        or</DELETED>
        <DELETED>    (4) precludes the Secretary from modifying or 
        terminating an existing grazing permit or lease in accordance 
        with applicable law (including regulations).</DELETED>
<DELETED>    (g) No Termination of Grazing Permit or Lease for Use of 
Operational Flexibilities.--The Secretary may not terminate or fail to 
renew an applicable grazing permit or lease for a violation of the 
applicable grazing permit or lease that is due to the use of an 
operational flexibility under the program.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Operational Flexibility Grazing 
Management Program Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of Land 
        Management.
            (2) Federal land.--The term ``Federal land'' means land 
        managed by the Bureau.
            (3) Operational flexibility.--The term ``operational 
        flexibility'', with respect to grazing on Federal land, means a 
        change made to grazing management of an allotment that--
                    (A) modifies a grazing permit or lease to allow a 
                variance from the terms and conditions of the 
                applicable grazing permit or lease to exercise 
                flexibility by making adjustments to livestock grazing 
                use; or
                    (B) is based on emerging landscape conditions 
                resulting from changes in weather, forage production, 
                effects of wildfire or drought, or other temporary 
                circumstances that impact resource conditions.
            (4) Program.--The term ``program'' means the Operational 
        Flexibility Grazing Management Program authorized under section 
        3(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGEMENT PROGRAM.

    (a) In General.--The Secretary may carry out a grazing management 
program on Federal land, to be known as the ``Operational Flexibility 
Grazing Management Program'', in accordance with applicable law 
(including regulations) and the memorandum entitled ``Bureau of Land 
Management Instruction Memorandum 2018-109'' (as in effect on September 
30, 2021) (or a substantially similar successor memorandum), for the 
sole purpose of providing to authorized grazing permittees and lessees, 
on request of the applicable authorized grazing permittees and lessees, 
increased operational flexibility to adapt to and improve the long-term 
ecological health of the Federal land, in accordance with this section.
    (b) Flexible Grazing Use Alternative for a Grazing Permit or 
Lease.--
            (1) In general.--At the request of an authorized grazing 
        permittee or lessee, for purposes of renewing a grazing permit 
        or lease of the applicable authorized grazing permittee or 
        lessee under the program, pursuant to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
        Secretary shall develop and analyze at least 1 alternative to 
        provide operational flexibility in livestock grazing use to 
        account for changing conditions.
            (2) New or renewed permit terms and conditions.--
                    (A) Preferred alternative.--If the Secretary 
                determines that an alternative developed and analyzed 
                under paragraph (1) is the preferred alternative, the 
                Secretary shall--
                            (i) incorporate the preferred alternative, 
                        including the applicable monitoring plan, into 
                        the terms and conditions of the applicable 
                        grazing permit or lease; and
                            (ii) specify how monitoring information 
                        with respect to the preferred alternative 
                        should be used to inform management adjustments 
                        under the program.
                    (B) Adjustments.--Before implementing any measure 
                for the purposes of operational flexibilities with 
                respect to which a grazing use authorized under the 
                terms and conditions of a permit or lease with respect 
                to which a preferred alternative has been incorporated 
                under subparagraph (A)(i), the authorized grazing 
                permittee or lessee shall notify the Secretary in 
                writing of the proposed adjustment.
                    (C) Applicable law.--The implementation of a 
                preferred alternative incorporated under subparagraph 
                (A)(i) in a component of the National Landscape 
                Conservation System shall be in accordance with the 
                laws (including regulations) applicable to the 
                component of the National Landscape Conservation 
                System.
    (c) Interim Operational Flexibility.--
            (1) In general.--At the request of an authorized grazing 
        permittee or lessee, the Secretary, using new and existing 
        data, may allow a temporary variance to the terms and 
        conditions of a grazing permit or lease to address significant 
        changes in weather, forage production, the effects of fire or 
        drought, or other temporary circumstances that impact resource 
        conditions, to facilitate the long-term ecological health of 
        the Federal land.
            (2) Variances.--In approving a request for interim 
        operational flexibility, the Secretary may authorize a 
        temporary variance to the terms and conditions of the 
        applicable grazing permit or lease to adjust the beginning 
        date, the ending date, both the beginning date and ending date, 
        or water transportation, as applicable, as specified in the 
        applicable grazing permit or lease, subject to--
                    (A) the requirement that, unless otherwise 
                specified in the appropriate allotment management plan 
                or any other activity plan that is the functional 
                equivalent to the appropriate allotment management plan 
                under section 4120.2(a)(3) of title 43, Code of Federal 
                Regulations (or a successor regulation), the applicable 
                adjusted date of the season of use--
                            (i) occurs--
                                    (I) not earlier than 21 days before 
                                the beginning date specified in the 
                                applicable grazing permit or lease; or
                                    (II) not later than 21 days after 
                                the ending date specified in the 
                                applicable grazing permit or lease; and
                            (ii) would not result in forage removal 
                        that exceeds the amount of active use specified 
                        in the applicable grazing permit or lease;
                    (B) the requirement that the authorized grazing 
                permittee or lessee provides notice of the adjustment 
                to the Bureau not later than 7 business days before the 
                date of adjustment; and
                    (C) any other terms and conditions the Secretary 
                determines to be appropriate.
            (3) Monitoring plans for interim operational 
        flexibilities.--
                    (A) In general.--In accordance with applicable law 
                (including regulations) and applicable permit or lease 
                terms and conditions, an authorized grazing permittee 
                or lessee using interim operational flexibilities under 
                this subsection shall develop and use a monitoring plan 
                determined to be acceptable to the Secretary as a 
                reasonable way to track the effects of the interim 
                operational flexibilities under the program on the 
                long-term ecological health of the allotment on which 
                the interim operational flexibilities are used.
                    (B) Use of data; third-party data.--A monitoring 
                plan developed under subparagraph (A) shall include 
                provisions--
                            (i) allowing the use by the authorized 
                        grazing permittee or lessee of any data 
                        generated under the terms and conditions of the 
                        applicable permit or lease; and
                            (ii) for adjusting any components of the 
                        monitoring plan, including acceptance of data 
                        from third parties as part of the monitoring 
                        process.
                    (C) Monitoring data.--
                            (i) In general.--The Secretary shall accept 
                        for consideration under the monitoring process 
                        established in accordance with a monitoring 
                        plan developed under this paragraph any 
                        monitoring data that--
                                    (I) are collected using Bureau-
                                approved methods and protocols; and
                                    (II) meet Bureau data quality 
                                requirements.
                            (ii) Limitation.--Any monitoring data not 
                        collected using Bureau-approved methods and 
                        protocols or determined by the Secretary not to 
                        accurately reflect on-the-ground conditions may 
                        be subject to limited use under the monitoring 
                        process established in a monitoring plan 
                        developed under this paragraph.
            (4) Reporting.--
                    (A) In general.--An authorized grazing permittee or 
                lessee implementing interim operational flexibility 
                under this subsection shall include with the annual 
                monitoring data submitted under subsection (d)(1)(A) a 
                description of--
                            (i) any interim operational flexibilities 
                        or permit or lease variances implemented by the 
                        authorized grazing permittee or lessee during 
                        the previous year in response to resource 
                        conditions; and
                            (ii) the effects of those implemented 
                        interim operational flexibilities on landscape 
                        health.
                    (B) Requirement.--The Secretary shall--
                            (i) assess the impact of the interim 
                        operational flexibilities implemented under 
                        this subsection; and
                            (ii) terminate those interim operational 
                        flexibilities if the Secretary determines that 
                        applicable land health standards are not met.
    (d) Reporting Requirements; Review.--
            (1) Reporting requirements.--
                    (A) Annual reporting.--Not less frequently than 
                annually, each authorized grazing permittee or lessee 
                participating in the program shall submit to the 
                applicable Bureau program staff monitoring data 
                relating to any operational flexibilities or permit or 
                lease variances implemented by the authorized grazing 
                permittee or lessee during the previous year.
                    (B) Reports to secretary.--
                            (i) In general.--Not later than 3 years 
                        after the date of enactment of this Act and 
                        every 3 years thereafter, program staff shall 
                        submit to the Secretary a report on the 
                        program.
                            (ii) Failure to submit.--The failure of 
                        program staff to submit a report required under 
                        clause (i) shall not affect the ability of 
                        authorized grazing permittees or lessees to 
                        participate in the program.
                    (C) Reports to congress.--Not later than 4 years 
                after the date of enactment of this Act and every 3 
                years thereafter, the Secretary shall submit to the 
                appropriate committees of Congress a report that 
                describes--
                            (i) the use of operational flexibilities 
                        under the program; and
                            (ii) any associated information relating to 
                        ecological outcomes and land health standards 
                        under the program.
            (2) Review.--
                    (A) In general.--Subject to subparagraph (B), not 
                earlier than the date that is 8 years after the date of 
                enactment of this Act, the Secretary shall conduct a 
                review of the use of operational flexibilities under 
                the program, including a review of ecological outcomes 
                and other relevant outcomes under the program.
                    (B) No effect on grazing authorizations or use.--
                The review of the program under subparagraph (A) shall 
                not affect the existence, renewal, or termination of a 
                grazing permit or lease entered into under the program.
    (e) No Effect on Grazing Preference or Activities.--Nothing in this 
Act--
            (1) affects grazing preferences or authorizations provided 
        under the Act of June 28, 1934 (commonly known as the ``Taylor 
        Grazing Act''; 43 U.S.C. 315 et seq.), the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.), or any 
        other applicable Federal law;
            (2) requires grazing permittees or lessees to pursue 
        operational flexibilities during the renewal, extension, or 
        authorization of a new grazing permit or lease;
            (3) requires the Secretary to consider modifying or 
        terminating any grazing activity, authorization, or use; or
            (4) precludes the Secretary from modifying or terminating 
        an existing grazing permit or lease in accordance with 
        applicable law (including regulations).
                                                       Calendar No. 627

118th CONGRESS

  2d Session

                                S. 4454

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```