II 

118TH CONGRESS 

2D SESSION S. 4184 

To amend the Federal Land Policy and Management Act of 1976 to authorize 

the Secretary of the Interior and the Secretary of Agriculture to enter 

into cooperative agreements with States to provide for State administration of allotment management plans. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To amend the Federal Land Policy and Management Act 

of 1976 to authorize the Secretary of the Interior and 

the Secretary of Agriculture to enter into cooperative 

agreements with States to provide for State administration of allotment management plans. 

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 ‘‘State Grazing Manage5 ment Authority Act’’. 


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1 SEC. 2. AUTHORIZATION OF COOPERATIVE AGREEMENTS 

2 BETWEEN THE SECRETARY OF THE INTE3 RIOR, THE SECRETARY OF AGRICULTURE, 

4 AND STATES. 

5 Section 402 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1752) is amended by adding 

7 at the end the following: 

8 ‘‘(k) COOPERATIVE AGREEMENTS WITH STATES.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) ALLOTMENT MANAGEMENT PLAN.— 

11 The term ‘allotment management plan’ has the 

12 meaning given the term in subsection (k) of 

13 section 103, except that— 

14 ‘‘(i) any reference to ‘the lessees or 

15 permittees involved’ in that subsection 

16 shall be considered to be a reference to ‘the 

17 Secretary concerned’; and 

18 ‘‘(ii) any reference to ‘the Secretary 

19 concerned’ in that subsection shall be con20 sidered to be a reference to ‘the Governor 

21 of the applicable State’. 

22 ‘‘(B) COOPERATING AGENCY.—The term 

23 ‘cooperating agency’ means, as applicable— 

24 ‘‘(i) a State agricultural agency that 

25 is involved in a proposed action under an 


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1 allotment management plan authorized 

2 under paragraph (2); or 

3 ‘‘(ii) a Federal agency that— 

4 ‘‘(I) is involved in a proposed ac5 tion under an allotment management 

6 plan authorized under paragraph (2); 

7 ‘‘(II) is not the lead agency; and 

8 ‘‘(III) has the jurisdiction or spe9 cial expertise such that the Federal 

10 agency needs to be consulted— 

11 ‘‘(aa) to use a categorical 

12 exclusion; or 

13 ‘‘(bb) to prepare an environ14 mental assessment or environ15 mental impact statement, as ap16 plicable. 

17 ‘‘(C) COOPERATIVE AGREEMENT.—The 

18 term ‘cooperative agreement’ means a coopera19 tive agreement entered into under paragraph 

20 (2). 

21 ‘‘(D) DOMESTIC LIVESTOCK.—The term 

22 ‘domestic livestock’ means an animal raised in 

23 an agricultural setting to produce labor or com24 modities. 


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1 ‘‘(E) ELIGIBLE FEDERAL LAND.—The 

2 term ‘eligible Federal land’ means— 

3 ‘‘(i) public lands that— 

4 ‘‘(I) are subject to a grazing per5 mit or lease issued by the Bureau 

6 under section 3 or 15 of the Act of 

7 June 28, 1934 (commonly known as 

8 the ‘Taylor Grazing Act’) (43 U.S.C. 

9 315b, 315m); and 

10 ‘‘(II) have periodically or histori11 cally been used or offered for public 

12 domestic livestock grazing, as deter13 mined by the Secretary concerned; 

14 and 

15 ‘‘(ii) National Forest System land 

16 that— 

17 ‘‘(I) is subject to a grazing per18 mit or lease issued by the Secretary of 

19 Agriculture; and 

20 ‘‘(II) has periodically or histori21 cally been used or offered for public 

22 domestic livestock grazing, as deter23 mined by the Secretary concerned. 

24 ‘‘(F) ENVIRONMENTAL ASSESSMENT.—The 

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1 ing given the term in section 111 of the Na2 tional Environmental Policy Act of 1969 (42 

3 U.S.C. 4336e). 

4 ‘‘(G) ENVIRONMENTAL IMPACT STATE5 MENT.—The term ‘environmental impact state6 ment’ has the meaning given the term in sec7 tion 111 of the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4336e). 

9 ‘‘(H) LEAD AGENCY.—The term ‘lead 

10 agency’ means the Federal agency headed by 

11 the Secretary concerned that, at the request of 

12 the Governor of the applicable State under 

13 paragraph (3)(A)(ii), carries out the NEPA 

14 process for a proposed action under an allot15 ment management plan authorized under para16 graph (2). 

17 ‘‘(I) NEPA PROCESS.— 

18 ‘‘(i) IN GENERAL.—The term ‘NEPA 

19 process’ means any portion of the process, 

20 analysis, and other measure, including the 

21 preparation of an environmental impact 

22 statement, if necessary, that is required to 

23 be carried out by the Secretary concerned 

24 under the National Environmental Policy 

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1 fore the Secretary concerned undertakes a 

2 proposed action. 

3 ‘‘(ii) PERIOD.—For purposes of clause 

4 (i), the NEPA process— 

5 ‘‘(I) begins on the date on which 

6 the Secretary concerned receives an 

7 application for a proposed action from 

8 a project sponsor; and 

9 ‘‘(II) ends on the date on which 

10 the Secretary concerned issues, with 

11 respect to the proposed action— 

12 ‘‘(aa) a record of decision, 

13 including, if necessary, a revised 

14 record of decision; 

15 ‘‘(bb) a finding of no signifi16 cant impact; or 

17 ‘‘(cc) a categorical exclusion 

18 under the National Environ19 mental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.). 

21 ‘‘(J) PROJECT SPONSOR.—The term 

22 ‘project sponsor’ means a Federal agency or ap23 plicable State agency that seeks approval of a 

24 proposed action. 


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1 ‘‘(K) SECRETARY CONCERNED.—The term 

2 ‘Secretary concerned’ means— 

3 ‘‘(i) the Secretary, acting through the 

4 Director of the Bureau, with respect to 

5 public lands; and 

6 ‘‘(ii) the Secretary of Agriculture, act7 ing through the Chief of the Forest Serv8 ice, with respect to National Forest System 

9 land. 

10 ‘‘(L) STATE COMMISSION.—The term 

11 ‘State commission’ means an advisory commis12 sion for a State established under paragraph 

13 (8)(A). 

14 ‘‘(2) PILOT PROJECT AUTHORIZATION.— 

15 ‘‘(A) IN GENERAL.—At the request of the 

16 Governor of a State, the Secretary concerned 

17 shall enter into a cooperative agreement with 

18 the State to authorize the State to administer 

19 1 or more allotment management plans on eligi20 ble Federal land in the State, including the 

21 commencement of a lease or the issuance of a 

22 permit for domestic livestock grazing on the ap23 plicable allotment, subject to valid existing 

24 rights and this subsection. 


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1 ‘‘(B) REQUIREMENT.—The Secretary con2 cerned may enter into a cooperative agreement 

3 under subparagraph (A) and a State may com4 mence a lease and issue a permit under an al5 lotment management plan authorized under 

6 that subparagraph only after the Governor of 

7 the State has submitted to the Secretary con8 cerned— 

9 ‘‘(i) if the applicable allotment is oc10 cupied, a notice from each holder of a 

11 grazing permit or lease occupying the ap12 plicable allotment that provides that— 

13 ‘‘(I) the holder consents to man14 agement by the State of the applicable 

15 permit or lease, which may include a 

16 maximum fee that the State may 

17 charge the holder of the grazing per18 mit or lease under paragraph (6)(C); 

19 and 

20 ‘‘(II) if the grazing permit or 

21 lease is subsequently transferred, the 

22 transfer shall be subject to the re23 quirement that the transferee con24 sents to the management by the State 


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1 of the applicable permit or lease, in 

2 accordance with subclause (I); and 

3 ‘‘(ii) a proposed allotment manage4 ment plan for the applicable allotment. 

5 ‘‘(3) NEPA AUTHORITY.— 

6 ‘‘(A) IN GENERAL.—At the request of the 

7 Governor of a State— 

8 ‘‘(i) a cooperative agreement shall in9 clude an assignment of the responsibilities 

10 of the Secretary concerned under the Na11 tional Environmental Policy Act of 1969 

12 (42 U.S.C. 4321 et seq.) to the State with 

13 respect to the allotment management plans 

14 authorized under paragraph (2); or 

15 ‘‘(ii)(I) the Federal agency headed by 

16 the Secretary concerned shall carry out the 

17 NEPA process for each proposed action 

18 under an allotment management plan au19 thorized under paragraph (2); 

20 ‘‘(II) the applicable agricultural agen21 cy of the State shall participate in the 

22 NEPA process as a cooperating agency; 

23 and 

24 ‘‘(III) any other Federal or State 

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1 ess as a cooperating agency, as the appli2 cable State commission determines to be 

3 appropriate. 

4 ‘‘(B) MULTI-AGENCY PROJECTS.— 

5 ‘‘(i) RESPONSIBILITIES OF LEAD

6 AGENCY.—The lead agency for a proposed 

7 action shall— 

8 ‘‘(I) as soon as practicable and in 

9 consultation with the cooperating 

10 agencies, determine whether a pro11 posed action requires the preparation 

12 of an environmental assessment or an 

13 environmental impact statement; and 

14 ‘‘(II) if the lead agency deter15 mines under subclause (I) that an en16 vironmental impact statement is nec17 essary— 

18 ‘‘(aa) be responsible for co19 ordinating the preparation of the 

20 environmental impact statement; 

21 ‘‘(bb) incorporate, to the 

22 maximum extent practicable, any 

23 applicable State or local resource 

24 management plans into the envi25 ronmental impact statement and 


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1 environmental assessment, as ap2 plicable; 

3 ‘‘(cc) provide each cooper4 ating agency with an opportunity 

5 to review and contribute to the 

6 preparation of the environmental 

7 impact statement and environ8 mental assessment, as applicable, 

9 for the proposed action, except 

10 that a cooperating agency shall 

11 limit comments to issues within 

12 the special expertise or jurisdic13 tion of the cooperating agency; 

14 and 

15 ‘‘(dd) as soon as practicable 

16 and in consultation with the co17 operating agencies, determine the 

18 range of alternatives to be con19 sidered for the proposed action. 

20 ‘‘(ii) ENVIRONMENTAL DOCUMENTS.— 

21 ‘‘(I) IN GENERAL.—In carrying 

22 out the NEPA process for a proposed 

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1 sultation with the cooperating agen2 cies, shall prepare not more than 1 of 

3 each type of document described in 

4 subclause (II), as applicable. 

5 ‘‘(II) DOCUMENTS DESCRIBED.— 

6 The documents referred to in sub7 clause (I) are— 

8 ‘‘(aa) an environmental as9 sessment; 

10 ‘‘(bb) a finding of no signifi11 cant impact; 

12 ‘‘(cc) an environmental im13 pact statement; and 

14 ‘‘(dd) a record of decision. 

15 ‘‘(iii) PROHIBITION.—A cooperating 

16 agency may not evaluate an alternative to 

17 the proposed action that the lead agency 

18 has not determined to be within the range 

19 of alternatives to be considered under 

20 clause (i)(II)(dd). 

21 ‘‘(C) CATEGORICAL EXCLUSIONS.—With 

22 respect to the allotment management plans au23 thorized under paragraph (2), the following ac24 tions shall qualify for a categorical exclusion 


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1 under the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.): 

3 ‘‘(i) The conduct of vegetation res4 toration projects using a method such as— 

5 ‘‘(I) aerial, drill, or broadcast 

6 seeding; 

7 ‘‘(II) disking; 

8 ‘‘(III) mowing; 

9 ‘‘(IV) chaining; 

10 ‘‘(V) the use of a forestry mulch11 er; 

12 ‘‘(VI) prescribed fire; 

13 ‘‘(VII) invasive species manage14 ment; or 

15 ‘‘(VIII) any other method of 

16 vegetation restoration that the appli17 cable State commission considers to 

18 be appropriate. 

19 ‘‘(ii) The conduct of pinyon or juniper 

20 treatments using a method such as— 

21 ‘‘(I) prescribed fire; 

22 ‘‘(II) hand removal; 

23 ‘‘(III) chaining; 

24 ‘‘(IV) dozing; 


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1 ‘‘(V) the use of a forestry mulch2 er; or 

3 ‘‘(VI) any other method that a 

4 State commission considers to be ap5 propriate. 

6 ‘‘(iii) Any change to— 

7 ‘‘(I) the type of domestic live8 stock grazing on the applicable allot9 ment; or 

10 ‘‘(II) the number of, or season of 

11 use for, permitted animal unit months 

12 that a State commission makes to the 

13 allotment management plan. 

14 ‘‘(iv) The installation of new fencing 

15 and the maintenance and repair of existing 

16 fencing, including— 

17 ‘‘(I) the installation of cattle 

18 guards; 

19 ‘‘(II) the installation of new fenc20 ing to adjust pasture boundaries; 

21 ‘‘(III) the installation of new 

22 gates; and 

23 ‘‘(IV) the removal of fencing. 

24 ‘‘(v) Water infrastructure improve25 ments described in paragraph (4). 


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1 ‘‘(vi) Any other activity that would 

2 otherwise qualify for a categorical exclu3 sion under an allotment management plan, 

4 permit, or lease for domestic livestock 

5 grazing. 

6 ‘‘(4) WATER INFRASTRUCTURE IMPROVE7 MENTS.—A cooperative agreement shall include, 

8 with respect to allotment management plans author9 ized under paragraph (2), the assignment to the 

10 State of the responsibilities of the Secretary con11 cerned to approve or construct water infrastructure 

12 improvements that are appropriate for the improve13 ment of public grazing, including— 

14 ‘‘(A)(i) guzzlers, head boxes, ponds, 

15 pumps, tanks, springs, wells, diversions, 

16 troughs, impoundments, water control struc17 tures, and pipelines; or 

18 ‘‘(ii) any other improvements that the ap19 plicable State commission considers appro20 priate; and 

21 ‘‘(B) any appurtenance to an improvement 

22 described in subparagraph (A). 

23 ‘‘(5) ACCESS TO LAND; WATER RIGHTS.— 

24 ‘‘(A) IN GENERAL.—The Secretary con25 cerned— 


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1 ‘‘(i) shall provide access to the land 

2 covered by an allotment management plan 

3 authorized under paragraph (2), including 

4 for the purpose of the construction of 

5 water infrastructure improvements de6 scribed in paragraph (4); and 

7 ‘‘(ii) shall not require as a condition 

8 of a management activity under a coopera9 tive agreement an action that affects water 

10 rights. 

11 ‘‘(B) ADJUDICATION OF WATER RIGHTS.— 

12 With respect to the allotment management 

13 plans authorized under paragraph (2), water 

14 rights under the authority of a State by law 

15 shall be adjudicated by the State. 

16 ‘‘(6) GRAZING FEES.— 

17 ‘‘(A) IN GENERAL.—A fee charged for do18 mestic livestock grazing under an allotment 

19 management plan authorized under paragraph 

20 (2) and shared between the State and the Sec21 retary concerned in accordance with subpara22 graph (B) shall be in an amount not greater 

23 than the amount established for the applicable 

24 year under Executive Order 12548 (43 U.S.C. 


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1 1905 note; relating to grazing fees) (or a suc2 cessor Executive order). 

3 ‘‘(B) REVENUE SHARING.— 

4 ‘‘(i) IN GENERAL.—A cooperative 

5 agreement shall include a provision for the 

6 sharing between the State and the Sec7 retary concerned of revenue received from 

8 grazing fees described in subparagraph 

9 (A). 

10 ‘‘(ii) REQUIREMENT.—Revenue shar11 ing under this subparagraph shall be pro12 portional to the services that the State and 

13 the Secretary concerned are required to 

14 provide under the applicable cooperative 

15 agreement. 

16 ‘‘(C) ADDITIONAL FEES.—In addition to 

17 any fee charged under subparagraph (A), a 

18 State may charge additional fees for domestic 

19 livestock grazing on land covered by an allot20 ment management plan administered by the 

21 State under paragraph (2), the revenue from 

22 which shall be retained by the State. 

23 ‘‘(7) WILDFIRES.— 

24 ‘‘(A) WILDFIRE REHABILITATION.—In the 

25 case of a catastrophic wildfire (as determined 


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1 by the Secretary concerned (or a designee of 

2 the Secretary concerned)) on land covered by an 

3 allotment management plan authorized under 

4 paragraph (2), the Secretary concerned shall re5 habilitate the land in accordance with this Act. 

6 ‘‘(B) COMPENSATION.— 

7 ‘‘(i) IN GENERAL.—If a State or the 

8 holder of a grazing permit has posted a 

9 bond or purchased insurance as described 

10 in paragraph (14)(A)(iv), the Secretary 

11 concerned may seek compensation for any 

12 damages caused by a catastrophic wildfire, 

13 including the costs of any rehabilitation ef14 forts carried out under subparagraph (A), 

15 from the bond or insurance if— 

16 ‘‘(I) not later than 60 days after 

17 the date on which the wildfire is 

18 brought under control, as determined 

19 by the Secretary concerned, the Sec20 retary concerned— 

21 ‘‘(aa) conducts an investiga22 tion of the catastrophic wildfire; 

23 and 

24 ‘‘(bb) makes the results of 

25 that investigation public; 


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1 ‘‘(II) as a result of that inves2 tigation, the Secretary concerned de3 termines that negligent or deliberate 

4 behavior by the State or the holder of 

5 the grazing permit, as applicable, con6 tributed to the wildfire; and 

7 ‘‘(III) the Secretary concerned is 

8 able— 

9 ‘‘(aa) to provide to the State 

10 or the holder of the grazing per11 mit, as applicable, an itemized 

12 list of damages; and 

13 ‘‘(bb) to ask for payment of 

14 those damages from the applica15 ble bond or insurance. 

16 ‘‘(ii) DISPUTES.—If a State or the 

17 holder of a grazing permit disagrees with 

18 a determination of the Secretary concerned 

19 under subclause (II) of clause (i) or the 

20 valuation, as determined by the Secretary 

21 concerned, of any damages identified by 

22 the Secretary concerned under subclause 

23 (III) of that clause, the Secretary con24 cerned may— 


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1 ‘‘(I) negotiate with the State or 

2 holder; or 

3 ‘‘(II) file an action for damages 

4 in an appropriate district court of the 

5 United States against the State or 

6 holder. 

7 ‘‘(C) EFFECT.—Nothing in this paragraph 

8 exempts any individual or entity from any mon9 etary or other penalty due to criminal or neg10 ligent behavior. 

11 ‘‘(8) STATE ADVISORY COMMISSION.— 

12 ‘‘(A) IN GENERAL.—A Governor of a State 

13 that enters into a cooperative agreement shall 

14 establish a commission to advise the Governor 

15 on— 

16 ‘‘(i) the substance and terms of the 

17 cooperative agreement; and 

18 ‘‘(ii) any matters relating to carrying 

19 out the cooperative agreement. 

20 ‘‘(B) MEMBERSHIP.—A State commission 

21 shall be comprised of 14 members, of whom— 

22 ‘‘(i) 11 shall be appointed by the Gov23 ernor of the applicable State, of whom— 

24 ‘‘(I) 3 shall be holders of 1 or 

25 more grazing permits or leases in the 


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1 State, each of whom, to the maximum 

2 extent practicable, represent a dif3 ferent industry; 

4 ‘‘(II) 1 shall be a representative 

5 of the State department of agriculture 

6 (or any substantially similar State 

7 agency); 

8 ‘‘(III) 1 shall be a representative 

9 of the State department of wildlife (or 

10 any substantially similar State agen11 cy); 

12 ‘‘(IV) 1 shall be a representative 

13 of a nationally or regionally recog14 nized agricultural organization; 

15 ‘‘(V) 1 shall be a representative 

16 of a nationally or regionally recog17 nized organization the mission of 

18 which is to promote grazing of domes19 tic animals on public lands; 

20 ‘‘(VI) 1 shall be a representative 

21 of a conservation or environmental or22 ganization; 

23 ‘‘(VII) 1 shall be a representative 

24 of a sportsmen’s organization; 


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1 ‘‘(VIII) 1 shall be a representa2 tive of other users of public lands; and 

3 ‘‘(IX) 1 shall be a representative 

4 of land-grant colleges and universities 

5 (as defined in section 1404 of the Na6 tional Agricultural Research, Exten7 sion, and Teaching Policy Act of 1977 

8 (7 U.S.C. 3103)) in the State with ex9 pertise related to agricultural grazing; 

10 ‘‘(ii) 1 shall— 

11 ‘‘(I) be appointed by the Sec12 retary of Agriculture; and 

13 ‘‘(II) be a representative of the 

14 Forest Service; and 

15 ‘‘(iii) 2 shall be appointed by the Sec16 retary, of whom— 

17 ‘‘(I) 1 shall be a representative of 

18 the Bureau; and 

19 ‘‘(II) 1 shall be a representative 

20 of the United States Fish and Wildlife 

21 Service. 

22 ‘‘(C) CHAIR.—To manage the meetings of 

23 a State commission, the Governor of the State 

24 shall appoint a Chair of the State commission 


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1 from among members appointed to the State 

2 commission under subparagraph (B)(i). 

3 ‘‘(D) QUORUM.— 

4 ‘‘(i) IN GENERAL.—Ten members of a 

5 State commission shall constitute a 

6 quorum. 

7 ‘‘(ii) DECISIONS.—With respect to the 

8 duties described in subparagraph (E), deci9 sions of a State commission shall be made 

10 by majority vote, a quorum being present. 

11 ‘‘(E) DUTIES.—A State commission 

12 shall— 

13 ‘‘(i) oversee the development of poli14 cies for the operation and use of the allot15 ment management plans covered by the co16 operative agreement; 

17 ‘‘(ii) be involved in, and stay informed 

18 of, any dispute resolution necessary to en19 sure that the administration of the applica20 ble allotment management plans by the 

21 State is in accordance with— 

22 ‘‘(I) this Act; and 

23 ‘‘(II) the laws described in sub24 paragraphs (A) through (C) of para25 graph (11); 


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1 ‘‘(iii) assist, as necessary, in setting or 

2 adjusting grazing permit or lease bound3 aries; 

4 ‘‘(iv) assist and be involved in any 

5 other decision that may affect the stability 

6 of— 

7 ‘‘(I) the allotment management 

8 plan; or 

9 ‘‘(II) the holder of the grazing 

10 permit or lease; and 

11 ‘‘(v) adopt or approve the allotment 

12 management plans covered by the coopera13 tive agreement. 

14 ‘‘(9) TERMS; CONDITIONS.— 

15 ‘‘(A) TERM OF COOPERATIVE AGREE16 MENTS.—A cooperative agreement entered into 

17 under paragraph (2) shall be for a term of 30 

18 years. 

19 ‘‘(B) RENEWAL OF COOPERATIVE AGREE20 MENTS.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 concerned shall agree to a renewal of a co23 operative agreement for an additional 30 

24 years if— 


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1 ‘‘(I) the State requests that the 

2 cooperative agreement be renewed; 

3 ‘‘(II) the State has satisfied all 

4 conditions of the cooperative agree5 ment; and 

6 ‘‘(III) the applicable State com7 mission determines that monitoring 

8 during the period of a grazing lease or 

9 permit has shown positive outcomes in 

10 the joint monitoring regimen under 

11 paragraph (13). 

12 ‘‘(ii) NO OTHER REQUIREMENTS OR

13 CONDITIONS FOR RENEWAL.—The Sec14 retary concerned may not impose any addi15 tional requirement or condition for the re16 newal of a cooperative agreement under 

17 this subparagraph. 

18 ‘‘(C) TERM OF GRAZING LEASES AND PER19 MITS.—A permit or lease for domestic livestock 

20 grazing on land covered by a cooperative agree21 ment shall— 

22 ‘‘(i) be issued by the applicable State 

23 agency for a term of 30 years beginning on 

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1 graph (2) or renewed under subparagraph 

2 (B), as applicable; and 

3 ‘‘(ii) contain only the terms and con4 ditions included in the applicable allotment 

5 management plan adopted or approved by 

6 the applicable State commission. 

7 ‘‘(10) ENFORCEMENT OF GRAZING LEASES AND

8 PERMITS.—A State entering into a cooperative 

9 agreement under this subsection may enter into an 

10 agreement with any local law enforcement agency for 

11 the enforcement of the terms of any permit or lease 

12 for domestic livestock grazing on land covered by the 

13 cooperative agreement if the area in which the law 

14 enforcement agency would act under that agreement 

15 is within the jurisdiction of that agency. 

16 ‘‘(11) APPLICABLE LAW.—In administering al17 lotment management plans under paragraph (2), a 

18 State shall be subject to— 

19 ‘‘(A) the Endangered Species Act of 1973 

20 (16 U.S.C. 1531 et seq.); 

21 ‘‘(B) the Federal Water Pollution Control 

22 Act (33 U.S.C. 1251 et seq.); and 

23 ‘‘(C) any other applicable Federal law (in24 cluding regulations) that is consistent with 


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1 State administration of allotment management 

2 plans under this subsection. 

3 ‘‘(12) RESOLUTION OF DISPUTES.— 

4 ‘‘(A) AUTHORITY OF THE INTERIOR BOARD

5 OF LAND APPEALS.—Nothing in this subsection 

6 provides to the Interior Board of Land Appeals 

7 authority to hear a case with respect to a deci8 sion relating to an allotment management plan 

9 administered by a State under paragraph (2). 

10 ‘‘(B) STATE DISPUTE RESOLUTION PROC11 ESS.— 

12 ‘‘(i) IN GENERAL.—A cooperative 

13 agreement shall provide for the develop14 ment of a process by the State to resolve 

15 disputes relating to a decision by the State 

16 with respect to an allotment management 

17 plan administered by the State under the 

18 cooperative agreement, including resolution 

19 of disputes through any mediation author20 ity available to the State on the date of en21 actment of this subsection. 

22 ‘‘(ii) RESOLUTION.—A dispute de23 scribed in clause (i) shall be resolved in ac24 cordance with the process developed under 

25 that clause. 


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1 ‘‘(C) THIRD-PARTY DISPUTES.—No party 

2 that is not directly involved in the administra3 tion of an allotment management plan by a 

4 State under paragraph (2) may receive any 

5 costs or fees under section 2412 of title 28, 

6 United States Code, with respect to any action 

7 brought to challenge any action taken with re8 spect to the allotment management plan. 

9 ‘‘(13) MONITORING.— 

10 ‘‘(A) IN GENERAL.—A cooperative agree11 ment shall include provisions for a joint moni12 toring regimen for the land covered by the ap13 plicable allotment management plan to be con14 ducted by the applicable State agency and any 

15 applicable Federal agencies. 

16 ‘‘(B) REQUIREMENT.—A joint monitoring 

17 regimen implemented under subparagraph (A) 

18 shall comply with the requirements of the appli19 cable allotment management plan, as adopted 

20 or approved by the applicable State commission 

21 under paragraph (8)(E)(v). 

22 ‘‘(C) DATA COLLECTION.—To the max23 imum extent practicable, all parties to the coop24 erative agreement shall be present when data 


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•S 4184 IS

1 are collected under the joint monitoring regi2 men carried out under this paragraph. 

3 ‘‘(D) AVAILABILITY OF FINDINGS.—The 

4 findings of any monitoring carried out under 

5 this paragraph shall be made available to the 

6 Secretary concerned. 

7 ‘‘(14) TERMINATION.— 

8 ‘‘(A) TERMINATION OF ALLOTMENT MAN9 AGEMENT PLANS BY THE SECRETARY CON10 CERNED.— 

11 ‘‘(i) NOTIFICATION OF NONCOMPLI12 ANCE.—If the Secretary concerned deter13 mines that a State is not adequately car14 rying out the responsibilities of the State 

15 under an allotment management plan cov16 ered by a cooperative agreement, the Sec17 retary concerned shall— 

18 ‘‘(I) notify the State of the deter19 mination of noncompliance with the 

20 applicable allotment management 

21 plan; and 

22 ‘‘(II) on request of the Governor 

23 of the State, provide the State with a 

24 description of each responsibility of 

25 the State under the applicable allotVerDate Sep 11 2014 03:12 May 08, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4184.IS S4184

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•S 4184 IS

1 ment management plan that is in 

2 need of corrective action. 

3 ‘‘(ii) CORRECTIVE ACTION.—A State 

4 shall take corrective action with respect to 

5 each area of noncompliance for which the 

6 Secretary concerned has made a deter7 mination of noncompliance under clause (i) 

8 by— 

9 ‘‘(I) the date that is 1 year after 

10 the date on which the Secretary con11 cerned notifies the State under clause 

12 (i)(I); or 

13 ‘‘(II) if the Secretary concerned 

14 determines an extension is appro15 priate, the date that is 120 days after 

16 the deadline described in subclause 

17 (I). 

18 ‘‘(iii) TERMINATION.—Subject to 

19 clause (iv), if a State has not taken satis20 factory corrective action, as determined by 

21 the Secretary concerned, by the applicable 

22 date described in clause (ii), the Secretary 

23 concerned shall terminate the applicable al24 lotment management plan. 


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1 ‘‘(iv) EFFECT OF BOND AND INSUR2 ANCE.—The Secretary concerned may not 

3 terminate an applicable allotment manage4 ment plan covered by a cooperative agree5 ment under this subparagraph if the State 

6 or the holder of a grazing permit or lease 

7 covered by the cooperative agreement has 

8 posted a bond or purchased insurance that, 

9 in the determination of the Secretary con10 cerned, is sufficient to cover the cost of 

11 any potential harm to the applicable land 

12 that is caused by the State or the holder, 

13 as applicable. 

14 ‘‘(B) TERMINATION OF ALLOTMENT MAN15 AGEMENT PLAN BY THE STATE.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), a State may terminate an applicable 

18 allotment management plan covered by a 

19 cooperative agreement entered into under 

20 this subsection at any time. 

21 ‘‘(ii) NOTICE REQUIRED.—A State 

22 shall provide to the Secretary concerned 

23 notice of any termination of an applicable 

24 allotment management plan covered by a 

25 cooperative agreement under clause (i) not 


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•S 4184 IS

1 less than 90 days before the date on which 

2 that termination shall take effect. 

3 ‘‘(C) REVOCATION OF CONSENT BY THE

4 PERMITTEE.— 

5 ‘‘(i) IN GENERAL.—The holder of a 

6 grazing permit or lease that has consented 

7 to management by the State of the permit 

8 or lease under subclause (I) or (II) of 

9 paragraph (2)(B)(i) may revoke that con10 sent at any time. 

11 ‘‘(ii) TERMINATION.—On revocation 

12 of consent to management by the State of 

13 the permit or lease under clause (i), the 

14 applicable allotment management plan 

15 shall be terminated. 

16 ‘‘(D) EFFECT OF TERMINATION OR REV17 OCATION.—On termination of an applicable al18 lotment management plan covered by a coopera19 tive agreement under subparagraph (A), (B), or 

20 (C)— 

21 ‘‘(i) management of the applicable al22 lotment shall revert to the Secretary con23 cerned; 

24 ‘‘(ii) the allotment shall be managed 

25 in accordance with the authorities under 


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•S 4184 IS

1 which the allotment was managed before 

2 the date on which the Secretary concerned 

3 entered into the cooperative agreement, in4 cluding any allotment management plan 

5 that applied to the allotment before that 

6 date; and 

7 ‘‘(iii) no new NEPA process shall be 

8 required with respect to the use, in accord9 ance with clause (ii), of an allotment man10 agement plan that applied to the allotment 

11 before the date on which the Secretary 

12 concerned entered into the cooperative 

13 agreement.’’. 

Æ 


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