Calendar No. 259

104TH CONGRESS

1ST SESSION S. 1459

[Report No. 104–181]

A BILL

grazing on Federal land, and for other purposes

To provide for uniform management of livestock

DECEMBER 7, 1995

Read twice and placed on the calendar
II

Calendar No. 259

104TH CONGRESS

1ST SESSION S. 1459

[Report No. 104–181]

To provide for uniform management of livestock grazing on Federal land,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 7, 1995

Mr. MURKOWSKI (for himself and Mr. DOMENICI) from the Committee on Energy and Natural Resources, reported the following original bill; which

was read twice and placed on the calendar

A BILL

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.—Thus title may be cited as the

5 ‘‘Public Rangelands Management Act of 1995.’’
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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 March 1, 1996.

5 (b) INTERIM PROVISION.—Until the effective date

6 specified in subsection (a), management of livestock graz7 ing on Federal land shall be conducted in accordance with

8 the law (including regulations) in effect on February 1,

9 1995: Provided, That subject to approval by the Secretary

10 of Agriculture, membership of Resource Advisory Councils

11 established by the Secretary of the Interior after August

12 21, 1995, shall be deemed to be in compliance with section

13 171(d) until March 1, 1997, or until such time as the Sec14 retary determines otherwise, whichever occurs first: Pro15 vided further, That such resource advisory councils shall

16 be authorized to continue in operation under current char17 ters until the effective date specified in subsection (a).

18 SEC. 3. APPLICABLE REGULATIONS.

19 (a) BLM LANDS.—Except as otherwise provided by

20 this Act, grazing of domestic livestock on lands adminis21 tered by the Bureau of Land Management shall be in ac22 cordance with part 4, part 1780 and part 4100 of title

23 43, Code of Federal Regulations, as in effect on February

24 1, 1995.

25 (b) FOREST SERVICE LANDS.—Except as otherwise

26 provided by this act, grazing of domestic livestock on lands
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1 administered by the Forest Service shall, to the extent

2 possible, be in accordance with regulations, which the Sec3 retary of Agriculture shall promulgate, which are substan4 tially similar to the regulations referred to in subsection

5 (a). Regulations promulgated under this subsection may

6 differ from the regulations referred to in subsection (a)

7 to the extent necessary to conform to the laws governing

8 the National Forest System (other than title I).

9 (c) Pursuant to title I, the Secretary of the Interior

10 and the Secretary of Agriculture shall coordinate the pro11 mulgation of regulations that are substantially similar.

12 TITLE I—MANAGEMENT OF GRAZING ON

13 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 plans an

13 integral role in the economies of the 17 western

14 States with Federal rangelands;

15 (10) maintaining the economic viability of the

16 western livestock industry is essential to maintaining

17 open space and fish and wildlife habitat;

18 (11) since the enactment of the Federal Land

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

20 1701 et seq.) and the amendment of section 6 of the

21 Forest and Rangeland Renewable Resources Plan22 ning Act of 1974 (16 U.S.C. 1604) by the National

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

24 seq.), the Secretary of the Interior and the Secretary

25 of Agriculture have been charged with developing
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1 land use plans that are consistent with land use

2 plans adopted by State, local, and tribal govern3 ments, but to date the planning efforts have not pro4 duced land use plans for Federal land that are in

5 fact consistent with State, local, or tribal planning;

6 and

7 (12) the levels of livestock grazing that were

8 authorized to be permitted as of August 1, 1993 are

9 consistent with this title and may be increased or de10 creased, as appropriate, consistent with this title.

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

12 the Public Rangelands Improvement Act of 1978 (43

13 U.S.C. 1901(a)) is amended—

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

15 (4);

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

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

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

19 adding ‘‘and’’ at the end; and

20 (4) in paragraph (2) (as so redesignated)

21 (A) by striking ‘‘harrassment’’ and insert22 ing ‘‘harassment’’; and

23 (B) by striking the semicolon at the end

24 and inserting a period.
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1 SEC. 102. APPLICATION OF ACT.

2 (a) This Act applies to—

3 (1) the management of grazing on Federal land

4 by the Secretary of the Interior under—

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

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

7 1269, chapter 865; 43 U.S.C. 315 et seq.);

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

9 known as the ‘‘Oregon and California Railroad

10 and Coos Bay Wagon Road Grant Lands Act of

11 1937’’) (50 Stat. 874, chapter 876; 43 U.S.C.

12 1181a et seq.);

13 (C) the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1701 et seq.); and

15 (D) the Public Rangelands Improvement

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

17 (2) the management of grazing on Federal land

18 by the Secretary of Agriculture under—

19 (A) the 12th undesignated paragraph

20 under the heading ‘‘SURVEYING THE PUB21 LIC LANDS.’’ under the heading ‘‘UNDER

22 THE DEPARTMENT OF THE INTERIOR.’’

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

24 (commonly known as the ‘‘Organic Administra25 tion Act of 1897’’) (30 Stat. 11, 35, chapter 2;

26 16 U.S.C. 551);
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1 (B) the Act of April 24, 1950 (commonly

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

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

4 580h, 580l);

5 (C) the Multiple-Use Sustained Yield Act

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

7 (D) the Forest and Rangeland Renewable

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

9 1600 et seq.);

10 (E) the National Forest Management Act

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

12 (F) the Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1701 et seq.); and

14 (G) the Public Rangelands Improvement

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

16 (3) management of grazing by the Secretary on

17 behalf of the head of another department or agency

18 under a memorandum of understanding.

19 (b) Nothing in this title shall authorize grazing in any

20 unit of the National Park System, National Wildlife Ref21 uge System, or on any other Federal lands where such

22 use is prohibited by statute, nor supersedes or amends any

23 limitation on the levels of use for grazing that may be

24 specified in other Federal law, nor expands or enlarges

25 any such prohibition or limitation.
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1 (c) Nothing in this title shall limit or preclude the

2 use of and access to Federal land for hunting, fishing, rec3 reational, watershed management or other appropriate

4 multiple use activities in accordance with applicable Fed5 eral and State laws and the principles of multiple use.

6 SEC. 103. OBJECTIVE.

7 The objective of this title is to—

8 (1) promote healthy, sustained rangeland;

9 (2) enhance productivity of Federal land by

10 conservation of forage resources, reduction of soil

11 erosion, and proper management of other resources

12 such as control of noxious species invasion;

13 (3) provide stability to the livestock industry

14 that utilizes the public rangeland;

15 (4) emphasize scientific monitoring of trends

16 and condition to support sound rangeland manage17 ment;

18 (5) maintain and improve the condition of ri19 parian areas which are critical to wildlife habitat

20 and water quality; and

21 (6) promote the consideration of wildlife popu22 lations and habitat, consistent with land use plans,

23 principles of multiple-use, and other objectives stated

24 in this section.
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1 SEC. 104. DEFINITIONS.

2 IN GENERAL.—In this title:

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

4 means the amount of authorized livestock grazing

5 use made at any time.

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

7 means the number and kinds or classes of livestock,

8 and the length of time that livestock graze on, an al9 lotment.

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

11 interest’’ means an individual or organization that

12 has expressed in writing to the authorized officer a

13 desire to be notified in writing of proposed decisions

14 of the authorized officer related to a specific grazing

15 allotment.

16 (4) ALLOTMENT.—The term ‘‘allotment’’ means

17 an area of designated Federal land that includes

18 management for grazing of livestock.

19 (5) ALLOTMENT MANAGEMENT PLAN.—The

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

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

22 94–579 (43 U.S.C. 1702(k)).

23 (6) AUTHORIZED OFFICER.—The term ‘‘author24 ized officer’’ means a person authorized by the Sec25 retary to administer this title, the Acts cited in sec-
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1 tion 102, and regulations issued under this title and

2 those Acts.

3 (7) BASE PROPERTY.—The term ‘‘base prop4 erty’’ means—

5 (A) private land that has the capability of

6 producing crops or forage that can be used to

7 support authorized livestock for a specified pe8 riod of the year; or

9 (B) water that is suitable for consumption

10 by livestock and is available to and accessible by

11 authorized livestock when the land is used for

12 livestock grazing.

13 (8) CANCEL; CANCELLATION.—The terms ‘‘can14 cel’’ and ‘‘cancellation’’ refer to a permanent termi15 nation, in whole or in part, of—

16 (A) a grazing permit or lease and grazing

17 preference; or

18 (B) other grazing authorization.

19 (9) CONSULTATION, COOPERATION, AND CO20 ORDINATION.—The term ‘‘consultation, cooperation,

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

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

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

24 engagement in good faith efforts to reach consensus.
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1 (10) COORDINATED RESOURCE MANAGE2 MENT.—The term ‘‘coordinated resource manage3 ment’’—

4 (A) means the planning and implementa5 tion of management activities in a specified geo6 graphic area that require the coordination and

7 cooperation of the Bureau of Land Manage8 ment or the Forest Service with affected State

9 agencies, private land owners, and Federal land

10 users; and

11 (B) may include, but is not limited to prac12 tices that provide for conservation, resource

13 protection, resource enhancement or integrated

14 management of multiple-use resources.

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

16 land’’—

17 (A) means land outside the State of Alaska

18 that is owned by the United States and admin19 istered by—

20 (i) the Secretary of the Interior, act21 ing through the Director of the Bureau of

22 Land Management; or

23 (ii) the Secretary of Agriculture, act24 ing through the Chief of the Forest Serv25 ice; but
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1 (B) does not include land held in trust for

2 the benefit of Indians.

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

4 ‘‘grazing permit or lease’’ means a document author5 izing use of the Federal land—

6 (A) within a grazing district under section

7 3 of the Act of June 28, 1934 (commonly

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

9 1270, chapter 865; 43 U.S.C. 315b), for the

10 purpose of grazing livestock;

11 (B) outside grazing districts under section

12 15 of the Act of June 28, 1934 (commonly

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

14 1275, chapter 865; 43 U.S.C. 315m), for the

15 purposes of grazing livestock; or

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

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

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

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

20 of grazing livestock.

21 (13) GRAZING PREFERENCE.—The term ‘‘graz22 ing preference’’ means the number of animal unit

23 months of livestock grazing on Federal land as adju24 dicated or apportioned and attached to base prop25 erty owned or controlled by a permittee or lessee.
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1 (14) LAND BASE PROPERTY.—The term ‘‘land

2 base property’’ means base property described in

3 paragraph (7)(A).

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

5 plan’’ means—

6 (A) with respect to Federal land adminis7 tered by the Bureau of Land Management, one

8 of the following developed in accordance with

9 the Federal Land Policy and Management Act

10 of 1976 (43 U.S.C. 1701 et seq.)—

11 (i) a resource management plan; or

12 (ii) a management framework plan

13 that is in effect pending completion of a

14 resource management plan; and

15 (B) with respect to Federal land adminis16 tered by the Forest Service, a land and resource

17 management plan developed in accordance with

18 section 6 of the Forest and Rangeland Re19 sources Planning Act of 1974 (16 U.S.C.

20 1604).

21 (16) LIVESTOCK CARRYING CAPACITY.—The

22 term ‘‘livestock carrying capacity’’ means the maxi23 mum sustainable stocking rate that is possible with24 out inducing long-term damage to vegetation or re25 lated resources.
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1 (17) MONITORING.—The term ‘‘monitoring’’

2 means the orderly collection of data using scientif3 ically-based techniques to determine trend and con4 dition of rangeland resources. Data may include his5 torical information, but must be sufficiently reliable

6 to evalutate—

7 (A) effects of ecological changes and man8 agement actions; and

9 (B) effectiveness of actions in meeting

10 management objectives.

11 (18) RANGE IMPROVEMENT.—The term ‘‘range

12 improvement’’—

13 (A) means an authorized activity or pro14 gram on or relating to rangeland that is de15 signed to—

16 (i) improve production of forage;

17 (ii) change vegetative composition;

18 (iii) control patterns of use;

19 (iv) provide water;

20 (v) stabilize soil and water conditions;

21 or

22 (vi) provide habitat for livestock, wild

23 horses and burros, and wildlife; and
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1 (B) includes structures, treatment projects,

2 and use of mechanical means to accomplish the

3 goals described in subparagraph (A).

4 (19) RANGELAND STUDY.—The term ‘‘range5 land study’’ means a documented study or analysis

6 of data obtained on actual use, utilization, climatic

7 conditions; other special events, production trend,

8 and rangeland condition and trend to determine

9 whether management objectives are being met,

10 that—

11 (A) relies on the examination of physical

12 measurements of range attributes and not on

13 cursory visual scanning of land, unless the con14 dition to be assessed is patently obvious and re15 quires no physical measurements;

16 (B) utilizes a scientifically based and veri17 fiable methodology; and

18 (C) is accepted by an authorized officer.

19 (20) SECRETARY; SECRETARIES.—The terms

20 ‘‘Secretary’’ or ‘‘Secretaries’’ mean—

21 (A) the Secretary of the Interior, in ref22 erence to livestock grazing on Federal land ad23 ministered by the Director of the Bureau of

24 Land Management; and
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1 (B) the Secretary of Agriculture, in ref2 erence to livestock grazing on Federal land ad3 ministered by the Chief of the Forest Service or

4 the National Grasslands referred to in title II.

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

6 an agreement by a permittee or lessee that—

7 (A) allows a person other than the permit8 tee or lessee to graze livestock on Federal land

9 without controlling the base property support10 ing the grazing permit or lease; or

11 (B) allows grazing on Federal land by live12 stock not owned or controlled by the permittee

13 or lessee.

14 (22) SUSPEND; SUSPENSION.—The terms ‘‘sus15 pend’’ and ‘‘suspension’’ refer to a temporary with16 holding, in whole or in part, of a grazing preference

17 from active use, ordered by the Secretary or done

18 voluntarily by a permittee or lessee.

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

20 means the percentage of a year’s forage production

21 consumed or destroyed by herbivores.

22 (24) WATER BASE PROPERTY.—The term

23 ‘‘water base property’’ means base property de24 scribed in paragraph (7)(B).
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1 SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

2 (a) STANDARDS AND GUIDELINES.—The Secretary

3 shall establish standards and guidelines for addressing

4 rangeland condition and trend on a State or regional level

5 in consultation with the Resource Advisory Councils estab6 lished in section 171 and in cooperation with the State

7 departments of agriculture or other appropriate State

8 agencies and academic institutions in each interested

9 State.

10 (b) COORDINATED RESOURCE MANAGEMENT.—The

11 Secretary shall, where appropriate, authorize and encour12 age the use of coordinated resource management practices.

13 Coordinated resource management practices shall be—

14 (1) scientifically based;

15 (2) consistent with goals and objectives of the

16 applicable land use plan;

17 (3) for the purposes of promoting good steward18 ship of multiple-use rangeland resources; and

19 (4) authorized under a cooperative agreement

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

21 permittees or lessees in a specified geographic area.

22 Such agreement may include other individuals, orga23 nizations, or Federal land users.

24 (c) COORDINATION OF FEDERAL AGENCIES.—Where

25 coordinated resource management involves private land,

26 State land, and Federal land managed by the Bureau of
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1 Land Management or the Forest Service, the Secretaries

2 are hereby authorized and directed to enter into coopera3 tive agreements to coordinate the associated activities of—

4 (1) the Bureau of Land Management;

5 (2) the Forest Service; and

6 (3) the Natural Resources Conservation Service.

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

8 or any other law implies that a minimum national stand9 ard or guideline is necessary.

10 SEC. 106. LAND USE PLANS.

11 (a) PRINCIPLE OF MULTIPLE USE AND SUSTAINED

12 YIELD.—An authorized officer shall manage livestock

13 grazing on Federal land under the principles of multiple

14 use and sustained yield and in accordance with applicable

15 land use plans.

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

17 to grazing administration, a land use plan shall—

18 (1) consider the impacts of all multiple uses, in19 cluding livestock and wildlife grazing, on the envi20 ronment and condition of public rangelands, and the

21 contributions of these uses to the management,

22 maintenance and improvement of such rangelands;

23 (2) establish allowable grazing use (in combina24 tion with other multiple uses), related levels of pro25 duction or use to be maintained, areas of use, and
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1 resource condition goals and objectives to be ob2 tained; and

3 (3) set forth programs and general manage4 ment practices needed to achieve the purposes of

5 this title.

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

7 amendments thereto, shall continue to be developed in con8 formance with the requirements of the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

10 (d) CONFORMANCE WITH LAND USE PLAN.—Live11 stock grazing activities and management actions approved

12 by the authorized officer, including the issuance, renewal,

13 or transfer of grazing permits or leases, shall not con14 stitute major Federal actions requiring consideration

15 under the National Environmental Policy Act of 1969 (42

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

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

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

19 planning and public involvement processes of any other

20 Federal law pertaining to Federal lands.

21 Subtitle B—Qualifications and Grazing

22 Preferences

23 SEC. 111. SPECIFYING GRAZING PREFERENCE.

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

25 specify—
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1 (1) a historical grazing preference;

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

3 available for livestock grazing established in the land

4 use plan;

5 (3) suspended use; and

6 (4) voluntary and temporary nonuse.

7 (b) ATTACHMENT OF GRAZING PREFERENCE.—A

8 grazing preference identified in a grazing permit or lease

9 shall attach to the base property supporting the grazing

10 permit or lease.

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

12 animal unit months of a grazing preference shall attach

13 to—

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

15 rata basis; or

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

17 forage production within the service area of the

18 water.

19 Subtitle C—Grazing Management

20 SEC. 121. ALLOTMENT MANAGEMENT PLANS.

21 If the Secretary elects to develop an allotment man22 agement plan for a given area, he shall do so in careful

23 and considered consultation, cooperation, and coordination

24 with the lessees, permittees, and landowners involved, the

25 resource advisory councils and grazing advisory councils
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1 established pursuant to section 171 and section 172, and

2 any State or States having lands within the area to be

3 covered by such allotment management plan.

4 SEC. 122. RANGE IMPROVEMENTS.

5 (a) RANGE IMPROVEMENT COOPERATIVE AGREE6 MENTS.—

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

8 into a cooperative agreement with a permittee or les9 see for the construction, installation, modification,

10 maintenance, removal, or use of a permanent range

11 improvement or development of a rangeland to

12 achieve a management or resource condition objec13 tive.

14 (2) COST-SHARING.—A range improvement co15 operative agreement shall specify how the costs or

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

17 States and the other parties to the agreement.

18 (3) TITLE.—

19 (A) IN GENERAL.—Subject to valid exist20 ing rights, title to an authorized permanent

21 range improvement under a range improvement

22 cooperative agreement shall be in the name of

23 the permittee or lessee and of the United

24 States, respectively, in proportion to the value

25 of the contributions (funding, material, and
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1 labor) toward the initial cost of construction by

2 the United States and the permittee or lessee,

3 respectively.

4 (B) VALUE OF FEDERAL LAND.—For the

5 purpose of subparagraph (A), only a contribu6 tion to the construction, installation, modifica7 tion, or maintenance of a permanent rangeland

8 improvement itself, and not the value of Fed9 eral land on which the improvement is placed,

10 shall be taken into account.

11 (C) MAINTENANCE.—Maintenance of

12 range improvements in the form of time as

13 labor or monetary expenditures shall be applied

14 to the value and percentage of ownership pro15 portionate to the value of the contribution by a

16 party to the cooperative agreement.

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) INCENTIVE.—A range improvement cooper25 ative 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 a grazing allotment

7 shall be performed by qualified Federal, State, or local

8 agency personnel, qualified consultants as agreed to in an

9 approved allotment management plan, or qualified range

10 consultants retained by the United States. Any report on

11 such monitoring shall include any comments from com12 parably qualified range consultants participating in the

13 monitoring activities at the request of the permittee or les14 see.

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

16 shall be performed by qualified Federal, State or local

17 agency personnel, or qualified consultants retained by the

18 United States.

19 (c) MONITORING CRITERIA AND PROTOCOLS.—

20 Rangeland monitoring shall be conducted according to re21 gional or State criteria and protocols that are scientifically

22 based. Criteria and protocols shall be developed by the

23 Secretary in consultation with the Resource Advisory

24 Councils established in section 171, and in cooperation

25 with State departments of agriculture or other appropriate
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1 State agencies and academic institutions in each inter2 ested State.

3 (d) PERMITTEE OR LESSEE PARTICIPATION IN AL4 LOTMENT MONITORING.—Except as provided in sub5 section (e), the affected permittee or lessee, or authorized

6 representative thereof, shall be invited and allowed to par7 ticipate in all inspections or activities in which information

8 or data are gathered for consideration in management ac9 tions or decisions by the authorized officer. Information

10 or data, in any form, gathered in violation of this sub11 section shall not be relied upon by the authorized officer,

12 and shall be excluded from the permittee’s or lessee’s allot13 ment file.

14 (e) EXCEPTIONS.—Notwithstanding the requirement

15 of subsection (d), and provided that written notice of in16 spection or monitoring activities was provided to the per17 mittee or lessee within 72 hours of the initial observation,

18 inspection or monitoring documentation, data, informa19 tion, or reports may be relied upon if—

20 (1) the affected permittee or lessee declines the

21 invitation of the authorized officer to participate in

22 specific inspection or monitoring activities; or

23 (2) at the time the inspection or monitoring

24 data or information were collected, the authorized
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1 officer had substantial grounds to believe that a vio2 lation of section 141 was occurring.

3 SEC. 124. WATER RIGHTS.

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

5 shall be acquired, perfected, owned, controlled, main6 tained, administered, or transferred in connection with

7 livestock grazing management other than in accordance

8 with State law concerning the use and appropriation of

9 water within the State.

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

11 Federal land, the Secretary shall follow State law with re12 gard to water right ownership and appropriation.

13 (c) AUTHORIZED USE OR TRANSPORT.—The Sec14 retary may not impose or require any transfer, restriction,

15 or limitation on the use of any water right as a term or

16 condition of any permit, or as a requirement for approval

17 of the transportation, storage, or conveyance of water on

18 or across Federal land.

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

20 shall be construed to create an expressed or implied res21 ervation of water rights in the United States.

22 Subtitle D—Authorization of Grazing Use

23 SEC. 131. GRAZING PERMITS OR LEASES.

24 (a) TERM.—A grazing permit or lease shall be issued

25 for a term of 15 years unless—
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1 (1) the land is pending disposal;

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

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

4 or

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

6 the best interest of sound land management to speci7 fy a shorter term, if the decision to specify a shorter

8 term is supported by appropriate and accepted re9 source analysis and evaluation, and a shorter term

10 is determined to be necessary, based upon monitor11 ing information, to achieve land management goals

12 and objectives.

13 (b) RENEWAL.—A permittee or lessee holding a graz14 ing permit or lease shall be given first priority at the end

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

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

17 lease is issued remains available for domestic live18 stock grazing;

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

20 this title and the terms and conditions of the grazing

21 permit or lease; and

22 (3) the permittee or lessee accepts the terms

23 and conditions included by the authorized officer in

24 the new grazing permit or lease.
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1 SEC. 132. SUBLEASING.

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

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

4 or in part—

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

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

7 (2) under a cooperative agreement with a graz8 ing permittee or lessees (or group of grazing permit9 tees or lessees), pursuant to section 105(b).

10 (b) CONSIDERATIONS.—

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

12 grandchild of a permittee or lessee shall be consid13 ered as owned by the permittee or lessee for the sole

14 purposes of this title.

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

16 whole or in part, shall not be considered as subleas17 ing of a Federal grazing permit or lease: Provided,

18 That the grazing preference associated with such

19 base property is transferred to the person controlling

20 the leased or subleased base property.

21 SEC. 133. OWNERSHIP AND IDENTIFICATION OF LIVE22 STOCK.

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

24 or control and be responsible for the management of the

25 livestock that graze the Federal land under a grazing per26 mit or lease.
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1 (b) MARKING OR TAGGING.—An authorized officer

2 shall not impose any marking or tagging requirement in

3 addition to the requirement under State law.

4 SEC. 134. TERMS AND CONDITIONS.

5 (a) IN GENERAL.—

6 (1) A grazing permit or lease shall be subject

7 to such reasonable terms or conditions as may be re8 quired by this Act or as contained in an approved

9 allotment management plan developed pursuant to

10 section 121.

11 (2) No term or condition of a grazing permit or

12 lease shall be imposed pertaining to past practice or

13 present willingness of an applicant, permittee or les14 see to relinquish control of public access to Federal

15 land across private land.

16 (b) MODIFICATION.—Following careful and consid17 ered consultation, cooperation, and coordination with per18 mittees and lessees, an authorized officer may 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 land use plan or management objectives.

22 SEC. 135. FEES AND CHARGES.

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

24 month in a grazing fee year to be determined by the Sec25 retary shall be equal to the three-year average of the total
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1 gross value of production for beef cattle for the three years

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

3 average of the United States Treasury Securities 6-month

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

5 of production for beef cattle shall be determined by the

6 Economic Research Service of the Department of Agri7 culture in accordance with subsection (e)(1).

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

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

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

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

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

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

14 animal begins grazing on Federal land;

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

16 animal is weaned on the date on which the animal

17 begins grazing on Federal land; and

18 (3) any such animal that will become 12

19 months of age during the period of use authorized

20 under a grazing permit or lease.

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

22 counted as an animal unit month the use of Federal land

23 for grazing by an animal that is less than six months of

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

25 Federal land and is the natural progeny of an animal on
32

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

2 the Federal land before becoming 12 months of age.

3 (d) OTHER FEES AND CHARGES.—

4 (1) CROSSING PERMITS, TRANSFERS, AND BILL5 ING NOTICES.—A service charge shall be assessed

6 for each crossing permit, transfer of grazing pref7 erence, and replacement or supplemental billing no8 tice except in a case in which the action is initiated

9 by the authorized office.

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

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

12 Federal Land Policy and Management Act of 1976

13 (43 U.S.C. 1734(a)) shall reflect processing costs

14 and shall be adjusted periodically as costs change.

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

16 in a service charge shall be published in the Federal

17 Register.

18 (e) CRITERIA FOR ERS.—

19 (1) The Economic Research Service of the De20 partment of Agriculture shall continue to compile

21 and report the gross value of production of beef cat22 tle, on a dollars-per-bred-cow basis for the United

23 States, as is currently published by the Service in:

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

25 Production—Major Field Crops and Livestock and
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1 Dairy’’ (Cow-calf production cash costs and re2 turns).

3 (2) For the purposes of determining the grazing

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

5 production (as described above) for the previous cal6 endar year shall be made available to the Secretary

7 of the Interior and the Secretary of Agriculture, and

8 published in the Federal Register, on or before Feb9 ruary 15 of each year.

10 Subtitle E—Civil Violations and Failures of

11 Compliance

12 SEC. 141. CIVIL VIOLATIONS AND FAILURES OF COMPLI13 ANCE.

14 (a) IN GENERAL.—A person that knowingly and will15 fully does one of the following shall be subject to a civil

16 sanction under subsection (b):

17 (1) Fails to make grazing use under the terms

18 and conditions of a grazing permit or lease, or under

19 a cooperative agreement pursuant to section 105(b).

20 (2) Places supplemental feed on land covered by

21 a grazing permit or lease without authorization.

22 (3) Fails to comply with a term, condition, or

23 stipulation of a range improvement cooperative

24 agreement or range improvement permit.

25 (4) Enters into an unauthorized sublease.
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1 (5) Allows unauthorized livestock or other pri2 vately owned or controlled animals to graze on or be

3 driven across Federal land.

4 (b) PENALTIES.—

5 (1) IN GENERAL.—In a case of a violation or

6 failure of compliance described in subsection (a), an

7 authorized officer may—

8 (A) withhold issuance of a grazing permit

9 or lease;

10 (B) suspend the grazing use authorized

11 under a grazing permit or lease, in whole or in

12 part; or

13 (C) cancel a grazing permit or lease and

14 grazing preference, or other grazing authoriza15 tion, in whole or in part.

16 (2) CANCELLATION, SUSPENSION OR MODIFICA17 TION.—A grazing lease or permit may be canceled,

18 suspended, or modified for—

19 (A) any violation of this title,

20 (B) any violation of a term or condition of

21 the permit or lease,

22 (C) conviction for failure to comply with

23 Federal laws or regulations relating to protec24 tion of air, water, soil and vegetation, fish and

25 wildlife, and other environmental values when
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1 exercising the grazing use authorized by the

2 permit or lease.

3 (3) SECOND OR SUBSEQUENT WILLFUL VIOLA4 TION.—In a case of a second or subsequent willful

5 civil violation described in subsection (a), an author6 ized officer shall—

7 (A) suspend the grazing use authorized

8 under a grazing permit or lease, in whole or in

9 part; or

10 (B) cancel a grazing permit or lease and

11 grazing preference, in whole or in part.

12 (4) CONSIDERATION OF SEVERITY.—The dura13 tion of a violation, failure to comply with a notice of

14 violation, and the extent of damage to resources

15 caused by such violation shall be considered in deter16 mining any penalty under this section.

17 (5) SUBLEASES.—

18 (A) IN GENERAL.—A person who violates

19 subsection (a)(4) shall be required to pay to the

20 United States the dollar equivalent value, as de21 termined by the authorized officer, of all com22 pensation received for the sublease that is in ex23 cess of the sum of the established grazing fee

24 and the cost incurred by the person for the in-
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1 stallation and maintenance of authorized range

2 improvements.

3 (B) FAILURE TO PAY.—If the dollar equiv4 alent value is not received by the authorized of5 ficer within 30 days of receipt of a final deci6 sion, the grazing permit or lease shall be can7 celed.

8 (C) ADDITIONAL PENALTY.—Payment

9 under this paragraph shall be in addition to any

10 other penalties the authorized officer may im11 pose under this subsection.

12 (6) FAILURE TO USE.—After consultation, co13 operation, and coordination with the permittee or

14 lessee, the authorized officer may cancel a grazing

15 preference, in whole or in part, when a permittee or

16 lessee has failed to make grazing use under the

17 terms and conditions of a grazing permit or lease,

18 or under a cooperative agreement pursuant to sec19 tion 105(b).

20 Subtitle F—Unauthorized Grazing Use

21 SEC. 151. NONMONETARY SETTLEMENT.

22 An authorized officer may approve a nonmonetary

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

24 if the authorized officer determines that each of the follow25 ing conditions is satisfied:
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1 (1) NO FAULT.—Evidence shows that the unau2 thorized use occurred through no fault of the live3 stock operator.

4 (2) INSIGNIFICANCE.—The forage use is insig5 nificant.

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

7 damaged.

8 (4) BEST INTERESTS.—Nonmonetary settle9 ment is in the best interests of the United States.

10 SEC. 152. IMPOUNDMENT AND SALE.

11 Any impoundment and sale of unauthorized livestock

12 on Federal land shall be conducted in accordance with

13 State law.

14 Subtitle G—Procedure

15 SEC. 161. PROPOSED DECISIONS.

16 (a) SERVICE ON APPLICANTS, PERMITTEES, LES17 SEES, AND LIENHOLDERS.—The authorized officer shall

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

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

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

21 lienholder) that is affected by—

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

23 grazing permit or lease, or range improvement per24 mit; or
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1 (2) a proposed action relating to a term or con2 dition of a grazing permit or lease or a range im3 provement permit.

4 (b) NOTIFICATION OF AFFECTED INTERESTS.—The

5 authorized officer shall send copies of a proposed decision

6 to affected interests.

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

8 subsection (a) shall—

9 (1) state reasons for the action, including ref10 erence to applicable law (including regulations);

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

12 studies, where appropriate; and

13 (3) state that any protest to the proposed deci14 sion must be filed not later than 30 days after serv15 ice.

16 SEC. 162. PROTESTS.

17 An applicant, permittee, or lessee may protest a pro18 posed decision under section 161 in writing to the author19 ized officer within 30 days after service of the proposed

20 decision.

21 SEC. 163. FINAL DECISIONS.

22 (a) NO PROTESTS.—In the absence of a timely filed

23 protest, a proposed decision described in section 161(a)

24 shall become the final decision of the authorized officer

25 without further notice.
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1 (b) RECONSIDERATION.—If a protest is timely filed,

2 the authorized officer shall reconsider the proposed deci3 sion in light of the protestant’s statement of reasons for

4 protest and in light of other information pertinent to the

5 case.

6 (c) SERVICE AND NOTIFICATION.—After reviewing

7 the protest, the authorized officer shall serve a final deci8 sion on the parties to the proceeding, and notify affected

9 interests of the final decision.

10 SEC. 164. APPEALS.

11 (a) IN GENERAL.—

12 (1) After a final decision takes effect, a period

13 of 30 days shall be provided for filing an appeal. A

14 person who is adversely affected within the meaning

15 of 5 U.S.C. 702 may appeal the decision, pursuant

16 to applicable laws and regulations governing the ad17 ministrative appeals process of the agency serving

18 the decision.

19 (2) When a grazing decision is appealed under

20 administrative procedures, the burden of proof shall

21 be on the proponent of the rule or order. The stand22 ard of proof shall be by a preponderance of the evi23 dence in the record as a whole.

24 (b) SUSPENSION PENDING APPEAL.—
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1 (1) IN GENERAL.—An appeal of a final decision

2 shall suspend the effect of the decision pending final

3 action on the appeal unless the decision is made ef4 fective pending appeal under paragraph (2).

5 (2) EFFECTIVENESS PENDING APPEAL.—The

6 authorized officer may, on the basis of substantial

7 information, order a final decision to remain in full

8 force and effect when failure to act would result in

9 imminent and irreversible resource damage. Full

10 force and effect decisions shall take effect on the

11 date specified, regardless of an appeal.

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

13 authorized officer shall, within 30 days of receipt, forward

14 the appeal, all documents and information submitted by

15 the applicant, permittee, lessee, or lienholder, and any per16 tinent information that would be useful in the rendering

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

18 responsible for issuing the final decision on the appeal.

19 Subtitle H—Advisory Committees

20 SEC. 171. RESOURCE ADVISORY COUNCILS.

21 (a) ESTABLISHMENT.—The Secretary of Agriculture

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

23 Governors of the affected States, shall establish and oper24 ate joint Resource Advisory Councils on a State or re25 gional level to provide advice on management issues for
41

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1 all lands administered by the Bureau of Land Manage2 ment and the Forest Service within such State or regional

3 area, except where the Secretaries determine that there

4 is insufficient interest in participation on a council to en5 sure that membership can be fairly balanced in terms of

6 the points of view represented and the functions to be per7 formed.

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

9 advise the Secretaries and appropriate State officials on—

10 (1) matters regarding the preparation, amend11 ment, and implement of land use and activity plans

12 for public lands and resources within its area;

13 (2) major management decisions while working

14 within the broad management goals established for

15 the district or national forest; and

16 (3) matters relating to the development of allot17 ment management plans developed pursuant to sec18 tion 121.

19 (c) DISREGARD OF ADVICE.—

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

21 Advisory Council becomes concerned that its advice

22 is being arbitrarily disregarded, the Resource Advi23 sory Council may by majority vote of its members,

24 request that the Secretaries respond directly to the
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1 Resource Advisory Council’s concerns within 60 days

2 after the Secretaries receive the request.

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

4 the Secretaries to a request under paragraph (1)

5 shall not—

6 (A) constitute a decision on the merits of

7 any issue that is or might become the subject

8 of an administrative appeal; or

9 (B) be subject to appeal.

10 (d) MEMBERSHIP.—

11 (1) The Secretaries, in consultation with the

12 Governor of the affected State or States, shall ap13 point the members of each Resource Advisory Coun14 cil. A council shall consist of not less than nine

15 members and not more than fifteen members.

16 (2) In appointing members to a Resource Advi17 sory Council, the Secretaries shall provide for bal18 anced and broad representation from among various

19 groups, including but not limited to, permittees and

20 lessees, other commercial interests, recreational

21 users, representatives of recognized local environ22 mental or conservation organizations, educational,

23 professional, or academic interests, representatives

24 of State and local government or governmental agen-
43

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1 cies, Indian tribes, and other members of the af2 fected public.

3 (3) The Secretaries shall appoint at least one

4 elected official of general purpose government serv5 ing the people of the area of each Resource Advisory

6 Council.

7 (4) No person may serve concurrently on more

8 than one Resource Advisory Council.

9 (5) Members of a Resource Advisory Council

10 must reside in one of the States within the geo11 graphic jurisdiction of the council.

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

13 establish such subgroups as the council deems necessary,

14 including but not limited to working groups, technical re15 view teams, and rangeland resource groups.

16 (f) TERMS.—Resource Advisory Council member

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

18 appointed to additional terms at the discretion of the Sec19 retaries.

20 (g) FEDERAL ADVISORY COMMITTEE ACT.—Except

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

22 Federal Advisory Committee Act shall apply to the Re23 source Advisory Councils established under this section.

24 (h) OTHER FLPMA ADVISORY COUNCILS.—Nothing

25 in this section shall be construed as modifying the author-
44

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1 ity of the Secretaries to establish other advisory councils

2 under section 309 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1739).

4 SEC. 172. GRAZING ADVISORY COUNCILS.

5 (a) ESTABLISHMENT.—The Secretary, in consulta6 tion with the Governor of the affected State and with af7 fected counties, shall appoint not fewer than five nor more

8 than nine persons to serve on a Grazing Advisory Council

9 for each district and each national forest within the 17

10 contiguous Western States having jurisdiction over more

11 than 500,000 acres of public lands subject to commercial

12 livestock grazing. The Secretaries may establish joint

13 Grazing Advisory Councils wherever practicable.

14 (b) DUTIES.—The duties of Grazing Advisory Coun15 cils established pursuant to this section shall be to provide

16 advice to the Secretary concerning management issues di17 rectly related to the grazing of livestock on public lands,

18 including—

19 (1) range improvement objectives;

20 (2) the expenditure of range improvement or

21 betterment funds under the Public Rangelands Im22 provement Act of 1978 (43 U.S.C. 1901 et seq.) or

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

24 (3) development and implementation of grazing

25 management programs; and
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1 (4) range management decisions and actions at

2 the allotment level.

3 (c) DISREGARD OF ADVICE.—

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

5 Advisory Council becomes concerned that its advice

6 is being arbitrarily disregarded, the Grazing Advi7 sory Council may, by unanimous vote of its mem8 bers, request that the Secretary respond directly to

9 the Grazing Advisory Council’s concerns within 60

10 days after the Secretary receives the request.

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

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

13 not—

14 (A) constitute a decision on the merits of

15 any issue that is or might become the subject

16 of an administrative appeal; or

17 (B) be subject to appeal.

18 (d) MEMBERSHIP—The members of a Grazing Advi19 sory Council established pursuant to this section shall rep20 resent permittees, lessees, affected landowners, social and

21 economic interests within the district or national forest,

22 and elected State or county officers. All members shall

23 have a demonstrated knowledge of grazing management

24 and range improvement practices appropriate for the re25 gion, and shall be residents of a community within or adja-
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1 cent to the district or national forest, or control a permit

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

3 by the Secretary for a term of two years, and may be ap4 pointed for additional consecutive terms. The membership

5 of Grazing Advisory Councils shall be equally divided be6 tween permittees or lessees, and other interests: Provided,

7 That one elected State or County officer representing the

8 people or an area within the district or national forest

9 shall be appointed to create an odd number of members.

10 (e) FEDERAL ADVISORY COMMITTEE ACT.—Except

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

12 Federal Advisory Committee Act shall apply to the Graz13 ing Advisory Councils established pursuant to this section.

14 SEC. 173 GENERAL PROVISIONS.

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

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

17 (1) a grazing district administered under sec18 tion 3 of the Act of June 28, 1934 (commonly

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

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

21 (2) other lands within a State boundary which

22 are eligible for grazing pursuant to section 15 of the

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

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

25 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 its 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 section 171 or 172 shall not receive any compensa16 tion in connection with the performance of the member’s

17 duties as a member of the advisory committee, but shall

18 be reimbursed for travel and per diem expenses only while

19 on official business, as authorized by section 5703 of title

20 5 of the United states Code.

21 SEC. 174. 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 coun3 cils and grazing advisory councils established under sec4 tions 171 and 172 of the Public Rangelands Management

5 Act of 1995’’.

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 I—REPORTS

10 SEC. 181. 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 range land 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 1995’’.

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 recreational, environmental, and other

21 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 hunting, fishing, and rec2 reational activities, and protecting wildlife habitat in ac3 cordance 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 of

19 the Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7

20 U.S.C. 1010–1012),’’.

21 SEC. 205. MANAGEMENT OF NATIONAL GRASSLANDS.

22 (a) IN GENERAL.—The Secretary shall manage the

23 National Grasslands as a separate entity in accordance

24 with this title and the provisions and multiple use pur-
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1 poses of title III of the Bankhead-Jones Farm Tenant Act

2 (7 U.S.C. 1010–1012).

3 (b) GRAZING ACTIVITIES.—In furtherance of the pur4 poses of this title, the Secretary shall administer grazing

5 permits and implement grazing management decisions in

6 consultation, cooperation, and coordination with local

7 grazing associations and other grazing permit holders.

8 (c) REGULATIONS.—The Secretary shall promulgate

9 regulations to manage and protect the National Grass10 lands, taking into account the unique characteristics of the

11 National Grasslands and grasslands agriculture conducted

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

13 1010). Such regulations shall facilitate the efficient ad14 ministration of grazing and provide protection for the en15 vironment, wildlife, wildlife habitat, and Federal lands in

16 a manner that is consistent with that on the National

17 Grasslands on the May 25, 1995.

18 (d) CONFORMING AMENDMENT TO BANKHEAD19 JONES ACT.—Section 31 of the Bankhead-Jones Farm

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

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

22 the Secretary is authorized and directed to develop a sepa23 rate program of land conservation and utilization for the

24 National Grasslands, in order thereby to correct mal25 adjustments in land use, and thus assist in promoting
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1 grassland agriculture and secure occupancy and economic

2 stability of farms and ranches, controlling soil erosion, re3 forestation, preserving and protecting natural resources,

4 protecting fish and wildlife and their habitat, developing

5 and protecting recreational opportunities and facilities,

6 mitigating floods, preventing impairment of dams and res7 ervoirs, developing energy resources, conserving surface

8 and subsurface moisture, protecting the watersheds of

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

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

11 commercial enterprises.’’.

12 (e) HUNTING FISHING, AND RECREATIONAL ACTIVI13 TIES.—Nothing in this title shall be construed as limiting

14 or precluding hunting or fishing activities on National

15 Grasslands in accordance with applicable Federal and

16 State laws, nor shall appropriate recreational activities be

17 limited or precluded.

18 (f) VALID EXISTING RIGHTS.—

19 (1) IN GENERAL.—Nothing in this title shall af20 fect valid existing rights, reservations, agreements,

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

22 96–487 shall continue to apply to nonfederal land

23 and interests therein within the boundaries of the

24 national Grasslands.

25 (2) INTERIM USE AND OCCUPANCY.—
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1 (A) Until such time as regulations concern2 ing the use and occupancy of the National

3 Grasslands are promulgated pursuant to this

4 title, the Secretary shall regulate the use and

5 occupancy of such lands in accordance with reg6 ulations applicable to such lands on May 25,

7 1995, to the extent practicable and consistent

8 with the provisions of this Act.

9 (B) Any applications for National Grass10 lands use and occupancy authorizations submit11 ted prior to the date of enactment of this Act,

12 shall continue to be processed without interrup13 tion and without reinitiating any processing ac14 tivity already completed or begun prior to such

15 date.

16 SEC. 206. FEES AND CHARGES.

17 The fee provided for in section 135 of title I shall

18 be applicable to the lands subject to the provisions of this

19 title.

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