104TH CONGRESS

2D SESSION S. 1459

AN ACT

To provide for uniform management of livestock grazing

on Federal land, 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 (a) SHORT TITLE.—This title may be cited as the

5 ‘‘Public Rangelands Management Act of 1996.’’
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1 SEC. 2. EFFECTIVE DATE.

2 (a) IN GENERAL.—This Act and the amendments

3 and repeals made by this Act shall become effective on

4 the date of enactment.

5 (b) APPLICABLE REGULATIONS.—

6 (1) Except as provided in paragraph (2), graz7 ing of domestic livestock on lands administered by

8 the Chief of the Forest Service and the Director of

9 the Bureau of Land Management, as defined in sec10 tion 104(11) of this Act, shall be administered in ac11 cordance with the applicable regulations in effect for

12 each agency as of February 1, 1995, until such time

13 as the Secretary of Agriculture and the Secretary of

14 the Interior promulgate new regulations in accord15 ance with this Act.

16 (2) Resource Advisory Councils established by

17 the Secretary of the Interior after August 21, 1995,

18 may continue to operate in accordance with their

19 charters for a period not to extend beyond February

20 28, 1997, and shall be subject to the provisions of

21 this Act.

22 (c) NEW REGULATIONS.—With respect to title I of

23 this Act—

24 (1) the Secretary of Agriculture and the Sec25 retary of the Interior shall provide, to the maximum

26 extent practicable, for consistent and coordinated
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1 administration of livestock grazing and management

2 of rangelands administered by the Chief of the For3 est Service and the Director of the Bureau of Land

4 Management, as defined in section 104(11) of this

5 Act, consistent with the laws governing the public

6 lands and the National Forest System;

7 (2) the Secretary of Agriculture and the Sec8 retary of the Interior shall, to the maximum extent

9 practicable, coordinate the promulgation of new reg10 ulations and shall publish such regulations simulta11 neously.

12 TITLE I—MANAGEMENT OF

13 GRAZING ON FEDERAL LAND

14 Subtitle A—General Provisions

15 SEC. 101. FINDINGS.

16 (a) FINDINGS.—Congress finds that—

17 (1) multiple use, as set forth in current law,

18 has been and continues to be a guiding principle in

19 the management of public lands and national for20 ests;

21 (2) through the cooperative and concerted ef22 forts of the Federal rangeland livestock industry,

23 Federal and State land management agencies, and

24 the general public, the Federal rangelands are in the
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1 best condition they have been in during this century,

2 and their condition continues to improve;

3 (3) as a further consequence of those efforts,

4 populations of wildlife are increasing and stabilizing

5 across vast areas of the West;

6 (4) grazing preferences must continue to be

7 adequately safeguarded in order to promote the eco8 nomic stability of the western livestock industry;

9 (5) it is in the public interest to charge a fee

10 for livestock grazing permits and leases on Federal

11 land that is based on a formula that—

12 (A) reflects a fair return to the Federal

13 Government and the true costs to the permittee

14 or lessee; and

15 (B) promotes continuing cooperative stew16 ardship efforts;

17 (6) opportunities exist for improving efficiency

18 in the administration of the range programs on Fed19 eral land by—

20 (A) reducing planning and analysis costs

21 and their associated paperwork, procedural, and

22 clerical burdens; and

23 (B) refocusing efforts to the direct man24 agement of the resources themselves;
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1 (7) in order to provide meaningful review and

2 oversight of the management of the public range3 lands and the grazing allotment on those rangelands,

4 refinement of the reporting of costs of various com5 ponents of the land management program is needed;

6 (8) greater local input into the management of

7 the public rangelands is in the best interests of the

8 United States;

9 (9) the western livestock industry that relies on

10 Federal land plays an important role in preserving

11 the social, economic, and cultural base of rural com12 munities in the Western States and further plays an

13 integral role in the economies of the 16 contiguous

14 Western States with Federal rangelands;

15 (10) maintaining the economic viability of the

16 western livestock industry is in the best interest of

17 the United States in order to maintain open space

18 and fish and wildlife habitat;

19 (11) since the enactment of the Federal Land

20 Policy and Management Act of 1976 (43 U.S.C.

21 1701 et seq.) and the amendment of section 6 of the

22 Forest and Rangeland Renewable Resources Plan23 ning Act of 1974 (16 U.S.C. 1604) by the National

24 Forest Management Act of 1976 (16 U.S.C. 472a et

25 seq.), the Secretary of the Interior and the Secretary
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1 of Agriculture have been charged with coordinating

2 land use inventory, planning and management pro3 grams on Bureau of Land Management and Na4 tional Forest System lands with each other, other

5 Federal departments and agencies, Indian tribes,

6 and State and local governments within which the

7 lands are located, but to date such coordination has

8 not existed to the extent allowed by law; and

9 (12) it shall not be the policy of the United

10 States to increase or reduce total livestock numbers

11 on Federal land except as is necessary to provide for

12 proper management of resources, based on local con13 ditions, and as provided by existing law related to

14 the management of Federal land and this title.

15 (b) REPEAL OF EARLIER FINDINGS.—Section 2(a) of

16 the Public Rangelands Improvement Act of 1978 (43

17 U.S.C. 1901(a)) is amended—

18 (1) by striking paragraphs (1), (2), (3), and

19 (4);

20 (2) by redesignating paragraphs (5) and (6) as

21 paragraphs (1) and (2), respectively;

22 (3) in paragraph (1) (as so redesignated), by

23 adding ‘‘and’’ at the end; and

24 (4) in paragraph (2) (as so redesignated)—
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1 (A) by striking ‘‘harrassment’’ and insert2 ing ‘‘harassment’’; and

3 (B) by striking the semicolon at the end

4 and inserting a period.

5 SEC. 102. APPLICATION OF ACT.

6 (a) This Act applies to—

7 (1) the management of grazing on Federal land

8 by the Secretary of the Interior under—

9 (A) the Act of June 28, 1934 (commonly

10 known as the ‘‘Taylor Grazing Act’’) (48 Stat.

11 1269, chapter 865; 43 U.S.C. 315 et seq.);

12 (B) the Act of August 28, 1937 (commonly

13 known as the ‘‘Oregon and California Railroad

14 and Coos Bay Wagon Road Grant Lands Act of

15 1937’’) (50 Stat. 874, chapter 876; 43 U.S.C.

16 1181a et seq.);

17 (C) the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.); and

19 (D) the Public Rangelands Improvement

20 Act of 1978 (43 U.S.C. 1901 et seq.);

21 (2) the management of grazing on Federal land

22 by the Secretary of Agriculture under—

23 (A) the 12th undesignated paragraph

24 under the heading ‘‘SURVEYING THE PUB25 LIC LANDS.’’ under the heading ‘‘UNDER
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1 THE DEPARTMENT OF THE INTERIOR.’’

2 in the first section of the Act of June 4, 1897

3 (commonly known as the ‘‘Organic Administra4 tion Act of 1897’’) (30 Stat. 11, 35, chapter 2;

5 16 U.S.C. 551);

6 (B) the Act of April 24, 1950 (commonly

7 known as the ‘‘Granger-Thye Act of 1950’’) (64

8 Stat. 85, 88, chapter 97; 16 U.S.C. 580g,

9 580h, 580l);

10 (C) the Multiple-Use Sustained Yield Act

11 of 1960 (16 U.S.C. 528 et seq.);

12 (D) the Forest and Rangeland Renewable

13 Resources Planning Act of 1974 (16 U.S.C.

14 1600 et seq.);

15 (E) the National Forest Management Act

16 of 1976 (16 U.S.C. 472a et seq.);

17 (F) the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.); and

19 (G) the Public Rangelands Improvement

20 Act of 1978 (43 U.S.C. 1901 et seq.); and

21 (3) management of grazing by the Secretary on

22 behalf of the head of another department or agency

23 under a memorandum of understanding.

24 (b) Nothing in this title shall affect grazing in any

25 unit of the National Park System, National Wildlife Ref-
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1 uge System or on any lands that are not Federal lands

2 as defined in this title.

3 (c) Nothing in this title shall limit or preclude the

4 use of and access to Federal land for hunting, fishing, rec5 reational, watershed management or other appropriate

6 multiple use activities in accordance with applicable Fed7 eral and State laws and the principles of multiple use.

8 (d) Nothing in this title shall affect valid existing

9 rights. Section 1323(a) and 1323(b) of Public Law 96–

10 487 shall continue to apply to nonfederally owned lands.

11 SEC. 103. OBJECTIVE.

12 The objective of this title is to—

13 (1) promote healthy, sustained rangeland;

14 (2) provide direction for the administration of

15 livestock grazing on Federal land;

16 (3) enhance productivity of Federal land by

17 conservation of forage resources, reduction of soil

18 erosion, and proper management of other resources

19 such as control of noxious species invasion;

20 (4) provide stability to the livestock industry

21 that utilizes the public rangeland;

22 (5) emphasize scientific monitoring of trends

23 and condition to support sound rangeland manage24 ment;
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1 (6) maintain and improve the condition of ri2 parian areas which are critical to wildlife habitat

3 and water quality; and

4 (7) maintain and improve the condition of Fed5 eral land for multiple-use purposes, including but

6 not limited to wildlife and habitat, consistent with

7 land use plans and other objectives of this section.

8 SEC. 104. DEFINITIONS.

9 IN GENERAL.—In this title:

10 (1) ACTIVE USE.—The term ‘‘active use’’

11 means the amount of authorized livestock grazing

12 use made at any time.

13 (2) ACTUAL USE.—The term ‘‘actual use’’

14 means the number and kinds or classes of livestock,

15 and the length of time that livestock graze on, an al16 lotment.

17 (3) AFFECTED INTEREST.—The term ‘‘affected

18 interest’’ means an individual or organization that

19 has expressed in writing to the Secretary concern for

20 the management of livestock grazing on a specific al21 lotment, for the purpose of receiving notice of and

22 the opportunity for comment and informal consulta23 tion on proposed decisions of the Secretary affecting

24 the allotment.
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1 (4) ALLOTMENT.—The term ‘‘allotment’’ means

2 an area of designated Federal land that includes

3 management for grazing of livestock.

4 (5) ALLOTMENT MANAGEMENT PLAN.—The

5 term ‘‘allotment management plan’’ has the same

6 meaning as defined in section 103(k) of Public Law

7 94–579 (43 U.S.C. 1702(k)).

8 (6) AUTHORIZED OFFICER.—The term ‘‘author9 ized officer’’ means a person authorized by the Sec10 retary to administer this title, the Acts cited in sec11 tion 102, and regulations issued under this title and

12 those Acts.

13 (7) BASE PROPERTY.—The term ‘‘base prop14 erty’’ means—

15 (A) private land that has the capability of

16 producing crops or forage that can be used to

17 support authorized livestock for a specified pe18 riod of the year; or

19 (B) water that is suitable for consumption

20 by livestock and is available to and accessible by

21 authorized livestock when the land is used for

22 livestock grazing.

23 (8) CANCEL; CANCELLATION.—The terms ‘‘can24 cel’’ and ‘‘cancellation’’ refer to a permanent termi25 nation, in whole or in part, of—
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1 (A) a grazing permit or lease and grazing

2 preference; or

3 (B) other grazing authorization.

4 (9) CONSULTATION, COOPERATION, AND CO5 ORDINATION.—The term ‘‘consultation, cooperation,

6 and coordination’’ means, for the purposes of this

7 title and section 402(d) of the Federal Land Policy

8 and Management Act of 1976 (43 U.S.C. 1752(d)),

9 engagement in good faith efforts to reach consensus.

10 (10) COORDINATED RESOURCE MANAGE11 MENT.—The term ‘‘coordinated resource manage12 ment’’—

13 (A) means the planning and implementa14 tion of management activities in a specified geo15 graphic area that require the coordination and

16 cooperation of the Bureau of Land Manage17 ment or the Forest Service with affected State

18 agencies, private land owners, and Federal land

19 users; and

20 (B) may include, but is not limited to prac21 tices that provide for conservation, resource

22 protection, resource enhancement or integrated

23 management of multiple-use resources.

24 (11) FEDERAL LAND.—The term ‘‘Federal

25 land’’—
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1 (A) means land outside the State of Alaska

2 that is owned by the United States and admin3 istered by—

4 (i) the Secretary of the Interior, act5 ing through the Director of the Bureau of

6 Land Management; or

7 (ii) the Secretary of Agriculture, act8 ing through the Chief of the Forest Service

9 in the 16 contiguous Western States; but

10 (B) does not include—

11 (i) land held in trust for the benefit of

12 Indians; or

13 (ii) the National Grasslands as de14 fined in section 203.

15 (12) GRAZING PERMIT OR LEASE.—The term

16 ‘‘grazing permit or lease’’ means a document author17 izing use of the Federal land—

18 (A) within a grazing district under section

19 3 of the Act of June 28, 1934 (commonly

20 known as the ‘‘Taylor Grazing Act’’) (48 Stat.

21 1270, chapter 865; 43 U.S.C. 315b), for the

22 purpose of grazing livestock;

23 (B) outside grazing districts under section

24 15 of the Act of June 28, 1934 (commonly

25 known as the ‘‘Taylor Grazing Act’’) (48 Stat.
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1 1275, chapter 865; 43 U.S.C. 315m), for the

2 purpose of grazing livestock; or

3 (C) in a national forest under section 19 of

4 the Act of April 24, 1950 (commonly known as

5 the ‘‘Granger-Thye Act of 1950’’) (64 Stat. 88,

6 chapter 97; 16 U.S.C. 5801), for the purposes

7 of grazing livestock.

8 (13) GRAZING PREFERENCE.—The term ‘‘graz9 ing preference’’ means the number of animal unit

10 months of livestock grazing on Federal land as adju11 dicated or apportioned and attached to base prop12 erty owned or controlled by a permittee or lessee.

13 (14) LAND BASE PROPERTY.—The term ‘‘land

14 base property’’ means base property described in

15 paragraph (7)(A).

16 (15) LAND USE PLAN.—The term ‘‘land use

17 plan’’ means—

18 (A) with respect to Federal land adminis19 tered by the Bureau of Land Management, one

20 of the following developed in accordance with

21 the Federal Land Policy and Management Act

22 of 1976 (43 U.S.C. 1701 et seq.)—

23 (i) a resource management plan; or
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1 (ii) a management framework plan

2 that is in effect pending completion of a

3 resource management plan; and

4 (B) with respect to Federal land adminis5 tered by the Forest Service, a land and resource

6 management plan developed in accordance with

7 section 6 of the Forest and Rangeland Re8 sources Planning Act of 1974 (16 U.S.C.

9 1604).

10 (16) LIVESTOCK CARRYING CAPACITY.—The

11 term ‘‘livestock carrying capacity’’ means the maxi12 mum sustainable stocking rate that is possible with13 out inducing long-term damage to vegetation or re14 lated resources.

15 (17) MONITORING.—The term ‘‘monitoring’’

16 means the orderly collection of data using scientif17 ically-based techniques to determine trend and con18 dition of rangeland resources. Data may include his19 torical information, but must be sufficiently reliable

20 to evaluate—

21 (A) effects of ecological changes and man22 agement actions; and

23 (B) effectiveness of actions in meeting

24 management objectives.
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1 (18) RANGE IMPROVEMENT.—The term ‘‘range

2 improvement’’—

3 (A) means an authorized activity or pro4 gram on or relating to rangeland that is de5 signed to—

6 (i) improve production of forage;

7 (ii) change vegetative composition;

8 (iii) control patterns of use;

9 (iv) provide water;

10 (v) stabilize soil and water conditions;

11 or

12 (vi) provide habitat for livestock, wild

13 horses and burros, and wildlife; and

14 (B) includes structures, treatment projects,

15 and use of mechanical means to accomplish the

16 goals described in subparagraph (A).

17 (19) RANGELAND STUDY.—The term ‘‘range18 land study’’ means a documented study or analysis

19 of data obtained on actual use, utilization, climatic

20 conditions, other special events, production trend,

21 and resource condition and trend to determine

22 whether management objectives are being met,

23 that—

24 (A) relies on the examination of physical

25 measurements of range attributes and not on
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1 cursory visual scanning of land, unless the con2 dition to be assessed is patently obvious and re3 quires no physical measurements;

4 (B) utilizes a scientifically based and veri5 fiable methodology; and

6 (C) is accepted by an authorized officer.

7 (20) SECRETARY; SECRETARIES.—The terms

8 ‘‘Secretary’’ or ‘‘Secretaries’’ mean—

9 (A) the Secretary of the Interior, in ref10 erence to livestock grazing on Federal land ad11 ministered by the Director of the Bureau of

12 Land Management; and

13 (B) the Secretary of Agriculture, in ref14 erence to livestock grazing on Federal land ad15 ministered by the Chief of the Forest Service or

16 the National Grasslands referred to in title II.

17 (21) SUBLEASE.—The term ‘‘sublease’’ means

18 an agreement by a permittee or lessee that—

19 (A) allows a person other than the permit20 tee or lessee to graze livestock on Federal land

21 without controlling the base property support22 ing the grazing permit or lease; or

23 (B) allows grazing on Federal land by live24 stock not owned or controlled by the permittee

25 or lessee.
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1 (22) SUSPEND; SUSPENSION.—The terms ‘‘sus2 pend’’ and ‘‘suspension’’ refer to a temporary with3 holding, in whole or in part, of a grazing preference

4 from active use, ordered by the Secretary or done

5 voluntarily by a permittee or lessee.

6 (23) UTILIZATION.—The term ‘‘utilization’’

7 means the percentage of a year’s forage production

8 consumed or destroyed by herbivores.

9 (24) WATER BASE PROPERTY.—The term

10 ‘‘water base property’’ means base property de11 scribed in paragraph (7)(B).

12 SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

13 (a) STANDARDS AND GUIDELINES.—The Secretary

14 shall establish standards and guidelines for addressing re15 source condition and trend on a State or regional level

16 in consultation with the Resource Advisory Councils estab17 lished in section 161, State departments of agriculture

18 and other appropriate State agencies, and academic insti19 tutions in each interested State. Standards and guidelines

20 developed pursuant to this subsection shall be consistent

21 with the objectives provided in section 103 and incor22 porated, by operation of law, into the applicable land use

23 plan to provide guidance and direction for Federal land

24 managers in the performance of their assigned duties.
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1 (b) COORDINATED RESOURCE MANAGEMENT.—The

2 Secretary shall, where appropriate, authorize and encour3 age the use of coordinated resource management practices.

4 Coordinated resource management practices shall be—

5 (1) scientifically based;

6 (2) consistent with goals and management ob7 jectives of the applicable land use plan;

8 (3) for the purposes of promoting good steward9 ship and conservation of multiple-use rangeland re10 sources; and

11 (4) authorized under a cooperative agreement

12 with a permittee or lessee, or an organized group of

13 permittees or lessees in a specified geographic area.

14 Notwithstanding the mandatory qualifications re15 quired to obtain a grazing permit or lease by this or

16 any other Act, such agreement may include other in17 dividuals, organizations, or Federal land users.

18 (c) COORDINATION OF FEDERAL AGENCIES.—Where

19 coordinated resource management involves private land,

20 State land, and Federal land managed by the Bureau of

21 Land Management or the Forest Service, the Secretaries

22 are hereby authorized and directed to enter into coopera23 tive agreements to coordinate the associated activities of—

24 (1) the Bureau of Land Management;

25 (2) the Forest Service;
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1 (3) the Natural Resources Conservation Service;

2 and

3 (4) State Grazing Districts established under

4 State law.

5 (d) RULE OF CONSTRUCTION.—Nothing in this title

6 or any other law implies that a minimum national stand7 ard or guideline is necessary.

8 SEC. 106. LAND USE PLANS.

9 (a) PRINCIPLE OF MULTIPLE USE AND SUSTAINED

10 YIELD.—An authorized officer shall manage livestock

11 grazing on Federal land under the principles of multiple

12 use and sustained yield and in accordance with applicable

13 land use plans.

14 (b) CONTENTS OF LAND USE PLAN.—With respect

15 to grazing administration, a land use plan shall—

16 (1) consider the impacts of all multiple uses, in17 cluding livestock and wildlife grazing, on the envi18 ronment and condition of public rangelands, and the

19 contributions of these uses to the management,

20 maintenance and improvement of such rangelands;

21 (2) establish available animal unit months for

22 grazing use, related levels of allowable grazing use,

23 resource condition goals, and management objectives

24 for the Federal land covered by the plan; and
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1 (3) set forth programs and general manage2 ment practices needed to achieve the purposes of

3 this title.

4 (c) APPLICATION OF NEPA.—Land use plans and

5 amendments thereto shall be developed in conformance

6 with the requirements of the National Environmental Pol7 icy Act of 1969 (42 U.S.C. 4321 et seq.).

8 (d) CONFORMANCE WITH LAND USE PLAN.—Live9 stock grazing activities, management actions and decisions

10 approved by the authorized officer, including the issuance,

11 renewal, or transfer of grazing permits or leases, shall not

12 constitute major Federal actions requiring consideration

13 under the National Environmental Policy Act of 1969 (42

14 U.S.C. 4321 et seq.) in addition to that which is necessary

15 to support the land use plan, and amendments thereto.

16 (e) Nothing in this section is intended to override the

17 planning and public involvement processes of any other

18 Federal law pertaining to Federal lands.

19 SEC. 107. REVIEW OF RESOURCE CONDITION.

20 (a) Upon the issuance, renewal, or transfer of a graz21 ing permit or lease, and at least once every six (6) years,

22 the Secretary shall review all available monitoring data for

23 the affected allotment. If the Secretary’s review indicates

24 that the resource condition is not meeting management
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1 objectives, then the Secretary shall prepare a brief sum2 mary report which—

3 (1) evaluates the monitoring data;

4 (2) identifies the unsatisfactory resource condi5 tions and the use or management activities contrib6 uting to such conditions; and

7 (3) makes recommendations for any modifica8 tions to management activities, or permit or lease

9 terms and conditions necessary to meet management

10 objectives.

11 (b) The Secretary shall make copies of the summary

12 report available to the permittee or lessee, and affected

13 interests, and shall allow for a 30-day comment period to

14 coincide with the 30-day time period provided in section

15 155. At the end of such comment period, the Secretary

16 shall review all comments, and as the Secretary deems

17 necessary, modify management activities, and pursuant to

18 section 134, the permit or lease terms and conditions.

19 (c) If the Secretary determines that available mon20 itoring data are insufficient to make recommendations

21 pursuant to subsection (a)(3), the Secretary shall establish

22 a reasonable schedule to gather sufficient data pursuant

23 to section 123. Insufficient monitoring data shall not be

24 grounds for the Secretary to refuse to issue, renew or

25 transfer a grazing permit or lease, or to terminate or mod-
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1 ify the terms and conditions of an existing grazing permit

2 or lease.

3 Subtitle B—Qualifications and

4 Grazing Preferences

5 SEC. 111. SPECIFYING GRAZING PREFERENCE.

6 (a) IN GENERAL.—A grazing permit or lease shall

7 specify—

8 (1) a historical grazing preference;

9 (2) active use, based on the amount of forage

10 available for livestock grazing established in the land

11 use plan;

12 (3) suspended use; and

13 (4) voluntary and temporary nonuse.

14 (b) ATTACHMENT OF GRAZING PREFERENCE.—A

15 grazing preference identified in a grazing permit or lease

16 shall attach to the base property supporting the grazing

17 permit or lease.

18 (c) ATTACHMENT OF ANIMAL UNIT MONTHS.—The

19 animal unit months of a grazing preference shall attach

20 to—

21 (1) the acreage of land base property on a pro

22 rata basis; or

23 (2) water base property on the basis of livestock

24 forage production within the service area of the

25 water.
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1 Subtitle C—Grazing Management

2 SEC. 121. ALLOTMENT MANAGEMENT PLANS.

3 If the Secretary elects to develop or revise an allot4 ment management plan for a given area, he shall do so

5 in careful and considered consultation, cooperation, and

6 coordination with the lessees, permittees, and landowners

7 involved, the grazing advisory councils established pursu8 ant to section 162, and any State or States having lands

9 within the area to be covered by such allotment manage10 ment plan. The Secretary shall provide for public partici11 pation in the development or revision of an allotment man12 agement plan as provided in section 155.

13 SEC. 122. RANGE IMPROVEMENTS.

14 (a) RANGE IMPROVEMENT COOPERATIVE AGREE15 MENTS.—

16 (1) IN GENERAL.—The Secretary may enter

17 into a cooperative agreement with a permittee or les18 see for the construction, installation, modification,

19 removal, or use of a permanent range improvement

20 or development of a rangeland to achieve a manage21 ment or resource condition objective.

22 (2) COST-SHARING.—A range improvement co23 operative agreement shall specify how the costs or

24 labor, or both, shall be shared between the United

25 States and the other parties to the agreement.
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1 (3) TITLE.—

2 (A) IN GENERAL.—Subject to valid exist3 ing rights, title to an authorized structural

4 range improvement under a range improvement

5 cooperative agreement shall be shared by the

6 cooperator(s) and the United States in propor7 tion to the value of the contributions (funding,

8 material, and labor) toward the initial cost of

9 construction.

10 (B) VALUE OF FEDERAL LAND.—For the

11 purpose of subparagraph (A), only a contribu12 tion to the construction, installation, or modi13 fication of a permanent rangeland improvement

14 itself, and not the value of Federal land on

15 which the improvement is placed, shall be taken

16 into account.

17 (4) NONSTRUCTURAL RANGE IMPROVE18 MENTS.—A range improvement cooperative agree19 ment shall ensure that the respective parties enjoy

20 the benefits of any nonstructural range improve21 ment, such as seeding, spraying, and chaining, in

22 proportion to each party’s contribution to the im23 provement.

24 (5) INCENTIVES.—A range improvement coop25 erative agreement shall contain terms and conditions
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1 that are designed to provide a permittee or lessee an

2 incentive for investing in range improvements.

3 (b) RANGE IMPROVEMENT PERMITS.—

4 (1) APPLICATION.—A permittee or lessee may

5 apply for a range improvement permit to construct,

6 install, modify, maintain, or use a range improve7 ment that is needed to achieve management objec8 tives within the permittee’s or lessee’s allotment.

9 (2) FUNDING.—A permittee or lessee shall

10 agree to provide full funding for construction, instal11 lation, modification, or maintenance of a range im12 provement covered by a range improvement permit.

13 (3) AUTHORIZED OFFICER TO ISSUE.—A range

14 improvement permit shall be issued at the discretion

15 of the authorized officer.

16 (4) TITLE.—Title to an authorized permanent

17 range improvement under a range improvement per18 mit shall be in the name of the permittee or lessee.

19 (5) CONTROL.—The use by livestock of stock

20 ponds or wells authorized by a range improvement

21 permit shall be controlled by the permittee or lessee

22 holding a range improvement permit.

23 (c) ASSIGNMENT OF RANGE IMPROVEMENTS.—An

24 authorized officer shall not approve the transfer of a graz25 ing preference, or approve use by the transferee of existing
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1 range improvements unless the transferee has agreed to

2 compensate the transferor for the transferor’s interest in

3 the authorized permanent improvements within the allot4 ment as of the date of the transfer.

5 SEC. 123. MONITORING AND INSPECTION.

6 (a) MONITORING.—Monitoring of resource condition

7 and trend of Federal land on an allotment shall be per8 formed by qualified persons approved by the Secretary, in9 cluding but not limited to Federal, State, or local govern10 ment personnel, consultants, and grazing permittees or

11 lessees.

12 (b) INSPECTION.—Inspection of a grazing allotment

13 shall be performed by qualified Federal, State or local

14 agency personnel, or qualified consultants retained by the

15 United States.

16 (c) MONITORING CRITERIA AND PROTOCOLS.—

17 Rangeland monitoring shall be conducted according to re18 gional or State criteria and protocols that are scientifically

19 based. Criteria and protocols shall be developed by the

20 Secretary in consultation with the Resource Advisory

21 Councils established in section 161, State departments of

22 agriculture and other appropriate State agencies, and aca23 demic institutions in each interested State.

24 (d) OVERSIGHT.—The authorized officer shall pro25 vide sufficient oversight to ensure that all monitoring is
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1 conducted in accordance with criteria and protocols estab2 lished pursuant to subsection (c).

3 (e) NOTICE.—In conducting monitoring activities, the

4 Secretary shall provide reasonable notice of such activities

5 to permittees or lessees, including prior notice to the ex6 tent practicable of not less than 48 hours. Prior notice

7 shall not be required for the purposes of inspections, if

8 the authorized officer has substantial grounds to believe

9 that a violation of this or any other Act is occurring on

10 the allotment.

11 SEC. 124. WATER RIGHTS.

12 (a) IN GENERAL.—No water rights on Federal land

13 shall be acquired, perfected, owned, controlled, main14 tained, administered, or transferred in connection with

15 livestock grazing management other than in accordance

16 with State law concerning the use and appropriation of

17 water within the State.

18 (b) STATE LAW.—In managing livestock grazing on

19 Federal land, the Secretary shall follow State law with re20 gard to water right ownership and appropriation.

21 (c) AUTHORIZED USE OR TRANSPORT.—The Sec22 retary cannot require permittees or lessees to transfer or

23 relinquish all or a portion of their water right to another

24 party, including but not limited to the United States, as

25 a condition to granting a grazing permit or lease, range
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1 improvement cooperative agreement or range improvement

2 permit.

3 (d) RULE OF CONSTRUCTION.—Nothing in this title

4 shall be construed to create an expressed or implied res5 ervation of water rights in the United States.

6 (e) VALID EXISTING RIGHTS.—Nothing in this Act

7 shall affect valid existing water rights.

8 Subtitle D—Authorization of

9 Grazing Use

10 SEC. 131. GRAZING PERMITS OR LEASES.

11 (a) TERMS.—A grazing permit or lease shall be is12 sued for a term of 12 years unless—

13 (1) the land is pending disposal;

14 (2) the land will be devoted to a public purpose

15 that precludes grazing prior to the end of 12 years;

16 or

17 (3) the Secretary determines that it would be in

18 the best interest of sound land management to speci19 fy a shorter term, if the decision to specify a shorter

20 term is supported by appropriate and accepted re21 source analysis and evaluation, and a shorter term

22 is determined to be necessary, based upon monitor23 ing information, to achieve resource condition goals

24 and management objectives.
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1 (b) RENEWAL.—A permittee or lessee holding a graz2 ing permit or lease shall be given first priority at the end

3 of the term for renewal of the grazing permit or lease if—

4 (1) the land for which the grazing permit or

5 lease is issued remains available for domestic live6 stock grazing;

7 (2) the permittee or lessee is in compliance with

8 this title and the terms and conditions of the grazing

9 permit or lease; and

10 (3) the permittee or lessee accepts the terms

11 and conditions included by the authorized officer in

12 the new grazing permit or lease.

13 SEC. 132. SUBLEASING.

14 (a) IN GENERAL.—The Secretary shall only authorize

15 subleasing of a Federal grazing permit or lease, in whole

16 or in part—

17 (1) if the permittee or lessee is unable to make

18 full grazing use due to ill health or death; or

19 (2) under a cooperative agreement with a graz20 ing permittee or lessee (or group of grazing permit21 tees or lessees), pursuant to section 105(b).

22 (b) CONSIDERATIONS.—

23 (1) Livestock owned by a spouse, child, or

24 grandchild of a permittee or lessee shall be consid-
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1 ered as owned by the permittee or lessee for the sole

2 purposes of this title.

3 (2) Leasing or subleasing of base property, in

4 whole or in part, shall not be considered as subleas5 ing of a Federal grazing permit or lease: Provided,

6 That the grazing preference associated with such

7 base property is transferred to the person controlling

8 the leased or subleased base property.

9 SEC. 133. OWNERSHIP AND IDENTIFICATION OF LIVE10 STOCK.

11 (a) IN GENERAL.—A permittee or lessee shall own

12 or control and be responsible for the management of the

13 livestock that graze the Federal land under a grazing per14 mit or lease.

15 (b) MARKING OR TAGGING.—An authorized officer

16 shall not impose any marking or tagging requirement in

17 addition to the requirement under State law.

18 SEC. 134. TERMS AND CONDITIONS.

19 (a) IN GENERAL.—

20 (1) The authorized officer shall specify the kind

21 and number of livestock, the period(s) of use, the

22 allotment(s) to be used, and the amount of use

23 (stated in animal unit months) in a grazing permit

24 or lease.
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1 (2) A grazing permit or lease shall be subject

2 to such other reasonable terms or conditions as may

3 be necessary to achieve the objectives of this title, or

4 as contained in an approved allotment management

5 plan.

6 (3) No term or condition of a grazing permit or

7 lease shall be imposed pertaining to past practice or

8 present willingness of an applicant, permittee or les9 see to relinquish control of public access to Federal

10 land across private land.

11 (4) The authorized officer shall ensure that a

12 grazing permit or lease will be consistent with ap13 propriate standards and guidelines developed pursu14 ant to section 105 as are appropriate to the permit

15 or lease.

16 (b) MODIFICATION.—Following careful and consid17 ered consultation, cooperation, and coordination with per18 mittees and lessees, an authorized officer shall modify the

19 terms and conditions of a grazing permit or lease if mon20 itoring data show that the grazing use is not meeting the

21 management objectives established in a land use plan or

22 allotment management plan, and if modification of such

23 terms and conditions is necessary to meet specific manage24 ment objectives.
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1 SEC. 135. FEES AND CHARGES.

2 (a) GRAZING FEES.—The fee for each animal unit

3 month in a grazing fee year to be determined by the Sec4 retary shall be equal to the three-year average of the total

5 gross value of production for beef cattle for the three years

6 preceding the grazing fee year, multiplied by the 10-year

7 average of the United States Treasury Securities 6-month

8 bill ‘‘new issue’’ rate, and divided by 12. The gross value

9 of production for beef cattle shall be determined by the

10 Economic Research Service of the Department of Agri11 culture in accordance with subsection (e)(1).

12 (b) DEFINITION OF ANIMAL UNIT MONTH.—For the

13 purposes of billing only, the term ‘‘animal unit month’’

14 means one month’s use and occupancy of range by—

15 (1) one cow, bull, steer, heifer, horse, burro, or

16 mule, seven sheep, or seven goats, each of which is

17 six months of age or older on the date on which the

18 animal begins grazing on Federal land;

19 (2) any such animal regardless of age if the

20 animal is weaned on the date on which the animal

21 begins grazing on Federal land; and

22 (3) any such animal that will become 12

23 months of age during the period of use authorized

24 under a grazing permit or lease.

25 (c) LIVESTOCK NOT COUNTED.—There shall not be

26 counted as an animal unit month the use of Federal land
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1 for grazing by an animal that is less than six months of

2 age on the date on which the animal begins grazing on

3 Federal land and is the natural progeny of an animal on

4 which a grazing fee is paid if the animal is removed from

5 the Federal land before becoming 12 months of age.

6 (d) OTHER FEES AND CHARGES.—

7 (1) CROSSING PERMITS, TRANSFERS, AND BILL8 ING NOTICES.—A service charge shall be assessed

9 for each crossing permit, transfer of grazing pref10 erence, and replacement or supplemental billing no11 tice except in a case in which the action is initiated

12 by the authorized officer.

13 (2) AMOUNT OF FLPMA FEES AND CHARGES.—

14 The fees and charges under section 304(a) of the

15 Federal Land Policy and Management Act of 1976

16 (43 U.S.C. 1734(a)) shall reflect processing costs

17 and shall be adjusted periodically as costs change.

18 (3) NOTICE OF CHANGE.—Notice of a change

19 in a service charge shall be published in the Federal

20 Register.

21 (e) CRITERIA FOR ERS.—

22 (1) The Economic Research Service of the De23 partment of Agriculture shall continue to compile

24 and report the gross value of production of beef cat25 tle, on a dollars-per-bred-cow basis for the United
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1 States, as is currently published by the Service in:

2 ‘‘Economic Indicators of the Farm Sector: Cost of

3 Production—Major Field Crops and Livestock and

4 Dairy’’ (Cow-calf production cash costs and re5 turns).

6 (2) For the purposes of determining the grazing

7 fee for a given grazing fee year, the gross value of

8 production (as described above) for the previous cal9 endar year shall be made available to the Secretary

10 of the Interior and the Secretary of Agriculture, and

11 published in the Federal Register, on or before Feb12 ruary 15 of each year.

13 SEC. 136. USE OF STATE SHARE OF GRAZING FEES.

14 Section 10 of the Act of June 28, 1934 (commonly

15 known as the ‘‘Taylor Grazing Act’’) (43 U.S.C. 315i) is

16 amended—

17 (1) in subsection (a), by striking ‘‘for the bene18 fit of’’ and inserting ‘‘in a manner that will result

19 in direct benefit to, improved access to, or more ef20 fective management of the rangeland resources in’’;

21 (2) at the end of subsection (a), by striking ‘‘;’’

22 and inserting ‘‘: Provided further, that no such mon23 eys shall be expended for litigation purposes;’’;

24 (3) in subsection (b), by striking ‘‘for the bene25 fit of’’ and inserting ‘‘in a manner that will result
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1 in direct benefit to, improved access to, or more ef2 fective management of the rangeland resources in’’;

3 (4) at the end of subsection (b), by striking ‘‘.’’

4 and inserting ‘‘: Provided further, That no such

5 moneys shall be expended for litigation purposes.’’.

6 Subtitle E—Unauthorized Grazing

7 Use

8 SEC. 141. NONMONETARY SETTLEMENT.

9 An authorized officer may approve a nonmonetary

10 settlement of a case of a violation described in section 141

11 if the authorized officer determines that each of the follow12 ing conditions is satisfied:

13 (1) NO FAULT.—Evidence shows that the unau14 thorized use occurred through no fault of the live15 stock operator.

16 (2) INSIGNIFICANCE.—The forage use is insig17 nificant.

18 (3) NO DAMAGE.—Federal land has not been

19 damaged.

20 (4) BEST INTERESTS.—Nonmonetary settle21 ment is in the best interests of the United States.

22 SEC. 142. IMPOUNDMENT AND SALE.

23 Any impoundment and sale of unauthorized livestock

24 on Federal land shall be conducted in accordance with

25 State law.
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1 Subtitle F—Procedure

2 SEC. 151. PROPOSED DECISIONS.

3 (a) SERVICE ON APPLICANTS, PERMITTEES, LES4 SEES, AND LIENHOLDERS.—The authorized officer shall

5 serve, by certified mail or personal delivery, a proposed

6 decision on any applicant, permittee, lessee, or lienholder

7 (or agent of record of the applicant, permittee, lessee, or

8 lienholder) that is affected by—

9 (1) a proposed action on an application for a

10 grazing permit or lease, or range improvement per11 mit; or

12 (2) a proposed action relating to a term or con13 dition of a grazing permit or lease, or a range im14 provement permit.

15 (b) NOTIFICATION OF AFFECTED INTERESTS.—The

16 authorized officer shall send copies of a proposed decision

17 to affected interests.

18 (c) CONTENTS.—A proposed decision described in

19 subsection (a) shall—

20 (1) state reasons for the action, including ref21 erence to applicable law (including regulations);

22 (2) be based upon, and supported by rangeland

23 studies, where appropriate; and
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1 (3) state that any protest to the proposed deci2 sion must be filed not later than 30 days after serv3 ice.

4 SEC. 152. PROTESTS.

5 An applicant, permittee, or lessee may protest a pro6 posed decision under section 151 in writing to the author7 ized officer within 30 days after service of the proposed

8 decision.

9 SEC. 153. FINAL DECISIONS.

10 (a) NO PROTEST.—In the absence of a timely filed

11 protest, a proposed decision described in section 151(a)

12 shall become the final decision of the authorized officer

13 without further notice.

14 (b) RECONSIDERATION.—If a protest is timely filed,

15 the authorized officer shall reconsider the proposed deci16 sion in light of the protestant’s statement of reasons for

17 protest and in light of other information pertinent to the

18 case.

19 (c) SERVICE AND NOTIFICATION.—After reviewing

20 the protest, the authorized officer shall serve a final deci21 sion on the parties to the proceeding, and notify affected

22 interests of the final decision.

23 SEC. 154. APPEALS.

24 (a) IN GENERAL.—Any person whose interest is ad25 versely affected by a final decision of an authorized officer,
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1 within the meaning of section 702 of title 5, United States

2 Code, may appeal the decision within 30 days after the

3 receipt of the decision, or within 60 days after the receipt

4 of a proposed decision if further notice of a final decision

5 is not required under this title, pursuant to applicable laws

6 and regulations governing the administrative appeals proc7 ess of the agency serving the decision. Being an affected

8 interest as described in section 104(3) shall not in and

9 of itself confer standing to appeal a final decision upon

10 any individual or organization.

11 (b) SUSPENSION PENDING APPEAL.—

12 (1) IN GENERAL.—An appeal of a final decision

13 shall suspend the effect of the decision pending final

14 action on the appeal unless the decision is made ef15 fective pending appeal under paragraph (2).

16 (2) EFFECTIVENESS PENDING APPEAL.—The

17 authorized officer may place a final decision in full

18 force and effect in an emergency to stop resource de19 terioration or economic distress, if the authorized of20 ficer has substantial grounds to believe that resource

21 deterioration or economic distress is imminent. Full

22 force and effect decisions shall take effect on the

23 date specified, regardless of an appeal.

24 (c) In the case of an appeal under this section, the

25 authorized officer shall, within 30 days of receipt, forward
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1 the appeal, all documents and information submitted by

2 the applicant, permittee, lessee, or lienholder, and any per3 tinent information that would be useful in the rendering

4 of a decision on such appeal, to the appropriate authority

5 responsible for issuing the final decision on the appeal.

6 SEC. 155. PUBLIC PARTICIPATION AND CONSULTATION.

7 (a) GENERAL PUBLIC.—The Secretary shall provide

8 for public participation, including a reasonable oppor9 tunity to comment, on—

10 (1) land use plans and amendments thereto;

11 and

12 (2) development of standards and guidelines to

13 provide guidance and direction for Federal land

14 managers in the performance of their assigned du15 ties.

16 (b) AFFECTED INTERESTS.—At least 30 days prior

17 to the issuance of a final decision, the Secretary shall no18 tify affected interests of such proposed decision, and pro19 vide a reasonable opportunity for comment and informal

20 consultation regarding the proposed decision within such

21 30-day period, for—

22 (1) the designation or modification of allotment

23 boundaries;

24 (2) the development, revision, or termination of

25 allotment management plans;
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1 (3) the increase or decrease of permitted use;

2 (4) the issuance, renewal, or transfer of grazing

3 permits or leases;

4 (5) the modification of terms and conditions of

5 permits or leases;

6 (6) reports evaluating monitoring data for a

7 permit or lease; and

8 (7) the issuance of temporary non-renewable

9 use permits.

10 Subtitle G—Advisory Committees

11 SEC. 161. RESOURCE ADVISORY COUNCILS.

12 (a) ESTABLISHMENT.—The Secretary of Agriculture

13 and the Secretary of the Interior, in consultation with the

14 Governors of the affected States, shall establish and oper15 ate joint Resource Advisory Councils on a State or re16 gional level to provide advice on management issues for

17 all lands administered by the Bureau of Land Manage18 ment and the Forest Service within such State or regional

19 area, except where the Secretaries determine that there

20 is insufficient interest in participation on a council to en21 sure that membership can be fairly balanced in terms of

22 the points of view represented and the functions to be per23 formed.

24 (b) DUTIES.—Each Resource Advisory Council shall

25 advise the Secretaries and appropriate State officials on—
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1 (1) matters regarding the preparation, amend2 ment, and implementation of land use and activity

3 plans for public lands and resources within its area;

4 and

5 (2) major management decisions while working

6 within the broad management objectives established

7 for the district or national forest.

8 (c) DISREGARD OF ADVICE.—

9 (1) REQUEST FOR RESPONSE.—If a Resource

10 Advisory Council becomes concerned that its advice

11 is being arbitrarily disregarded, the Resource Advi12 sory Council may, by majority vote of its members,

13 request that the Secretaries respond directly to the

14 Resource Advisory Council’s concerns within 60 days

15 after the Secretaries receive the request.

16 (2) EFFECT OF RESPONSE.—The response of

17 the Secretaries to a request under paragraph (1)

18 shall not—

19 (A) constitute a decision on the merits of

20 any issue that is or might become the subject

21 of an administrative appeal; or

22 (B) be subject to appeal.

23 (d) MEMBERSHIP.—

24 (1) The Secretaries, in consultation with the

25 Governor of the affected State or States, shall ap-
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1 point the members of each Resource Advisory Coun2 cil. A council shall consist of not less than nine

3 members and not more than fifteen members.

4 (2) In appointing members to a Resource Advi5 sory Council, the Secretaries shall provide for bal6 anced and broad representation from among various

7 groups, including but not limited to, permittees and

8 lessees, other commercial interests, recreational

9 users, representatives of recognized local environ10 mental or conservation organizations, educational,

11 professional, or academic interests, representatives

12 of State and local government or governmental agen13 cies, Indian tribes, and other members of the af14 fected public.

15 (3) The Secretaries shall appoint at least one

16 elected official of general purpose government serv17 ing the people of the area of each Resource Advisory

18 Council.

19 (4) No person may serve concurrently on more

20 than one Resource Advisory Council.

21 (5) Members of a Resource Advisory Council

22 must reside in one of the States within the geo23 graphic jurisdiction of the council.

24 (e) SUBGROUPS.—A Resource Advisory Council may

25 establish such subgroups as the council deems necessary,
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1 including but not limited to working groups, technical re2 view teams, and rangeland resource groups.

3 (f) TERMS.—Resource Advisory Council members

4 shall be appointed for two-year terms. Members may be

5 appointed to additional terms at the discretion of the Sec6 retaries.

7 (g) FEDERAL ADVISORY COMMITTEE ACT.—Except

8 to the extent that it is inconsistent with this subtitle, the

9 Federal Advisory Committee Act shall apply to the Re10 source Advisory Councils established under this section.

11 (h) OTHER FLPMA ADVISORY COUNCILS.—Nothing

12 in this section shall be construed as modifying the author13 ity of the Secretaries to establish other advisory councils

14 under section 309 of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1739).

16 (i) STATE GRAZING DISTRICTS.—Resource Advisory

17 Councils shall coordinate and cooperate with State Graz18 ing Districts established pursuant to State law.

19 SEC. 162. GRAZING ADVISORY COUNCILS.

20 (a) ESTABLISHMENT.—The Secretary, in consulta21 tion with the Governor of the affected State and with af22 fected counties, shall appoint not fewer than five nor more

23 than nine persons to serve on a Grazing Advisory Council

24 for each district and each national forest within the 16

25 contiguous Western States having jurisdiction over more
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1 than 500,000 acres of public lands subject to commercial

2 livestock grazing. The Secretaries may establish joint

3 Grazing Advisory Councils wherever practicable.

4 (b) DUTIES.—The duties of Grazing Advisory Coun5 cils established pursuant to this section shall be to provide

6 advice to the Secretary concerning management issues di7 rectly related to the grazing of livestock on public lands,

8 including—

9 (1) range improvement objectives;

10 (2) the expenditure of range improvement or

11 betterment funds under the Public Rangelands Im12 provement Act of 1978 (43 U.S.C. 1901 et seq.) or

13 the Taylor Grazing Act (43 U.S.C. 315 et seq.);

14 (3) developing and implementation of grazing

15 management programs; and

16 (4) range management decisions and actions at

17 the allotment level.

18 (c) DISREGARD OF ADVICE.—

19 (1) REQUEST FOR RESPONSE.—If a Grazing

20 Advisory Council becomes concerned that its advice

21 is being arbitrarily disregarded, the Grazing Advi22 sory Council may, by unanimous vote of its mem23 bers, request that the Secretary respond directly to

24 the Grazing Advisory Council’s concerns within 60

25 days after the Secretary receives the request.
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1 (2) EFFECT OF RESPONSE.—The response of

2 the Secretary to a request under paragraph (1) shall

3 not—

4 (A) constitute a decision on the merits of

5 any issue that is or might become the subject

6 of an administrative appeal; or

7 (B) be subject to appeal.

8 (d) MEMBERSHIP.—The members of a Grazing Advi9 sory Council established pursuant to this section shall rep10 resent permittees, lessees, affected landowners, social and

11 economic interests within the district or national forest,

12 and elected State or county officers. All members shall

13 have a demonstrated knowledge of grazing management

14 and range improvement practices appropriate for the re15 gion, and shall be residents of a community within or adja16 cent to the district or national forest, or control a permit

17 or lease within the same area. Members shall be appointed

18 by the Secretary for a term of two years, and may be ap19 pointed for additional consecutive terms. The membership

20 of Grazing Advisory Councils shall be equally divided be21 tween permittees or lessees, and other interests: Provided,

22 That one elected State or county officer representing the

23 people of an area within the district or national forest

24 shall be appointed to create an odd number of members:

25 Provided further, That permittees or lessees appointed as
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1 members of each Grazing Advisory Council shall be rec2 ommended to the Secretary by the permittees or lessees

3 of the district or national forest through an election con4 ducted under rules and regulations prescribed by the Sec5 retary.

6 (e) FEDERAL ADVISORY COMMITTEE ACT.—Except

7 to the extent that it is inconsistent with this subtitle, the

8 Federal Advisory Committee Act shall apply to the Graz9 ing Advisory Councils established pursuant to this section.

10 (f) STATE GRAZING DISTRICTS.—Grazing Advisory

11 Councils shall coordinate and cooperate with State Graz12 ing Districts established pursuant to State law.

13 SEC. 163. GENERAL PROVISIONS.

14 (a) DEFINITION OF DISTRICT.—For the purposes of

15 this subtitle, the term ‘‘district’’ means—

16 (1) a grazing district administered under sec17 tion 3 of the Act of June 28, 1934 (commonly

18 known as the ‘‘Taylor Grazing Act’’) (48 Stat. 1270,

19 chapter 865; 43 U.S.C. 315b); or

20 (2) other lands within a State boundary which

21 are eligible for grazing pursuant to section 15 of the

22 Act of June 28, 1934 (commonly known as the

23 ‘‘Taylor Grazing Act’’) (48 Stat. 1270, chapter 865;

24 43 U.S.C. 315m).
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1 (b) TERMINATION OF SERVICE.—The Secretary may,

2 after written notice, terminate the service of a member

3 of an advisory committee if—

4 (1) the member—

5 (A) no longer meets the requirements

6 under which appointed;

7 (B) fails or is unable to participate regu8 larly in committee work; or

9 (C) has violated Federal law (including a

10 regulation); or

11 (2) in the judgment of the Secretary, termi12 nation is in the public interest.

13 (c) COMPENSATION AND REIMBURSEMENT OF EX14 PENSES.—A member of an advisory committee established

15 under sections 161 and 162 shall not receive any com16 pensation in connection with the performance of the mem17 ber’s duties as a member of the advisory committee, but

18 shall be reimbursed for travel and per diem expenses only

19 while on official business, as authorized by section 5703

20 of title 5, United States Code.

21 SEC. 164. CONFORMING AMENDMENT AND REPEAL.

22 (a) AMENDMENT.—The third sentence of section

23 402(d) of the Federal Land Policy and Management Act

24 of 1976 (43 U.S.C. 1752(d)) is amended by striking ‘‘dis25 trict grazing advisory boards established pursuant to sec-
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1 tion 403 of the Federal Land Policy and Management Act

2 (43 U.S.C. 1753)’’ and inserting ‘‘Resource Advisory

3 Councils and Grazing Advisory Councils established under

4 section 161 and section 162 of the Public Rangelands

5 Management Act of 1996’’.

6 (b) REPEAL.—Section 403 of the Federal Land Pol7 icy and Management Act of 1976 (43 U.S.C. 1753) is re8 pealed.

9 Subtitle H—Reports

10 SEC. 171. REPORTS.

11 (a) IN GENERAL.—Not later than March 1, 1997,

12 and annually thereafter, the Secretaries shall submit to

13 Congress a report that contains—

14 (1) an itemization of revenues received and

15 costs incurred directly in connection with the man16 agement of grazing on Federal land; and

17 (2) recommendations for reducing administra18 tive costs and improving the overall efficiency of

19 Federal rangeland management.

20 (b) ITEMIZATION.—If the itemization of costs under

21 subsection (a)(1) includes any costs incurred in connection

22 with the implementation of any law other than a statute

23 cited in section 102, the Secretaries shall indicate with

24 specificity the costs associated with implementation of

25 each such statute.
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1 Title II—Management of National

2 Grasslands

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘National Grasslands

5 Management Act of 1996’’.

6 SEC. 202. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds that—

8 (1) the inclusion of the National Grasslands

9 within the National Forest System has prevented the

10 Secretary of Agriculture from effectively administer11 ing and promoting grassland agriculture on National

12 Grasslands as originally intended under the

13 Bankhead-Jones Farm Tenant Act;

14 (2) the National Grasslands can be more effec15 tively managed by the Secretary of Agriculture if ad16 ministered as a separate entity outside of the Na17 tional Forest System; and

18 (3) a grazing program on National Grasslands

19 can be responsibly carried out while protecting and

20 preserving sporting, recreational, environmental, and

21 other multiple uses of the National Grasslands.

22 (b) PURPOSE.—The purpose of this title is to provide

23 for improved management and more efficient administra24 tion of grazing activities on National Grasslands while pre25 serving and protecting multiple uses of such lands, includ-
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1 ing but not limited to preserving sportmen’s hunting and

2 fishing and other recreational activities, and protecting

3 wildlife habitat in accordance with applicable laws.

4 SEC. 203. DEFINITIONS.

5 As used in this title, the term—

6 (1) ‘‘National Grasslands’’ means those areas

7 managed as National Grasslands by the Secretary of

8 Agriculture under title III of the Bankhead-Jones

9 Farm Tenant Act (7 U.S.C. 1010–1012) on the day

10 before the date of enactment of this title; and

11 (2) ‘‘Secretary’’ means the Secretary of Agri12 culture.

13 SEC. 204. REMOVAL OF NATIONAL GRASSLANDS FROM NA14 TIONAL FOREST SYSTEM.

15 Section 11(a) of the Forest Rangeland Renewable

16 Resource Planning Act of 1974 (16 U.S.C. 1609(a)) is

17 amended by striking the phrase ‘‘the national grasslands

18 and land utilization projects administered under title III

19 of the Bankhead-Jones Farm Tenant Act (50 Stat. 525,

20 7 U.S.C. 1010–1012),’’.

21 SEC. 205. MANAGEMENT OF NATIONAL GRASSLANDS.

22 (a) IN GENERAL.—The Secretary, acting through the

23 Chief of the Forest Service, shall manage the National

24 Grasslands as a separate entity in accordance with this

25 title and the provisions and multiple use purposes of title
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1 III of the Bankhead-Jones Farm Tenant Act (7 U.S.C.

2 1010–1012).

3 (b) CONSULTATION.—The Secretary shall provide

4 timely opportunities for consultation and cooperation with

5 interested State and local government entities, and other

6 interested individuals and organizations in the develop7 ment and implementation of land use policies and plans,

8 and land conservation programs for the National Grass9 lands.

10 (c) GRAZING ACTIVITIES.—In furtherance of the pur11 poses of this title, the Secretary shall administer grazing

12 permits and implement grazing management decisions in

13 consultation, cooperation, and coordination with local

14 grazing associations and other grazing permit holders.

15 (d) REGULATIONS.—The Secretary shall promulgate

16 regulations to manage and protect the National Grass17 lands, taking into account the unique characteristics of the

18 National Grasslands and grasslands agriculture conducted

19 under the Bankhead-Jones Farm Tenant Act (7 U.S.C.

20 1010). Such regulations shall facilitate the efficient ad21 ministration of grazing and provide protection for the en22 vironment, wildlife, wildlife habitat, and Federal lands

23 equivalent to that on the National Grasslands on the day

24 prior to the date of enactment of this Act.
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1 (e) CONFORMING AMENDMENT TO BANKHEAD2 JONES ACT.—Section 31 of the Bankhead-Jones Farm

3 Tenant Act (7 U.S.C. 1010) is amended to read as follows:

4 ‘‘To accomplish the purposes of title III of this Act,

5 the Secretary is authorized and directed to develop a sepa6 rate program of land conservation and utilization for the

7 National Grasslands, in order thereby to correct mal8 adjustments in land use, and thus assist in promoting

9 grassland agriculture and secure occupancy and economic

10 stability of farms and ranches, controlling soil erosion, re11 forestation, preserving and protecting natural resources,

12 protecting fish and wildlife and their habitat, developing

13 and protecting recreational opportunities and facilities,

14 mitigating floods, preventing impairment of dams and res15 ervoirs, developing energy resources, conserving surface

16 and subsurface moisture, protecting the watersheds of

17 navigable streams, and protecting the public lands, health,

18 safety and welfare, but not to build industrial parks or

19 commercial enterprises.’’.

20 (f) SPORTSMEN’S HUNTING AND FISHING, AND

21 OTHER RECREATIONAL ACTIVITIES.—Nothing in this title

22 shall be construed as limiting or precluding sportsmen’s

23 hunting or fishing activities on National Grasslands in ac24 cordance with applicable Federal and State laws, nor shall

25 appropriate recreational activities be limited or precluded.
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1 (g) VALID EXISTING RIGHTS.—

2 (1) IN GENERAL.—Nothing in this title shall

3 affect valid existing rights, reservations, agreements,

4 or authorizations. Section 1323(a) of Public Law

5 96–487 shall continue to apply to non-Federal land

6 and interests therein within the boundaries of the

7 National Grasslands.

8 (2) INTERIM USE AND OCCUPANCY.—

9 (A) Until such time as regulations concern10 ing the use and occupancy of the National

11 Grasslands are promulgated pursuant to this

12 title, the Secretary shall regulate the use and

13 occupancy of such lands in accordance with reg14 ulations applicable to such lands on May 25,

15 1995, to the extent practicable and consistent

16 with the provisions of this Act.

17 (B) Any applications for National Grass18 lands use and occupancy authorizations submit19 ted prior to the date of enactment of this Act,

20 shall continue to be processed without interrup21 tion and without reinitiating any processing ac22 tivity already completed or begun prior to such

23 date.
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1 SEC. 206. FEES AND CHARGES.

2 Fees and charges for grazing on the National Grass3 lands shall be determined in accordance with section 135,

4 except that the Secretary may adjust the amount of a

5 grazing fee to compensate for approved conservation prac6 tices expenditures.

Passed the Senate March 21, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1459

AN ACT

grazing on Federal land, and for other purposes.

To provide for uniform management of livestock
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