II

104TH CONGRESS

2D SESSION S. 2181

To provide for more effective management of the National Grasslands, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1996

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

to the Committee on Energy and Natural Resources

A BILL

To provide for more effective management of the National

Grasslands, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Management Act of 1996’’.

6 SEC. 2. 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 administer-
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1 ing and promoting grassland agriculture on National

2 Grasslands as originally intended under the

3 Bankhead-Jones Farm Tenant Act;

4 (2) the National Grasslands can be more effec5 tively managed by the Secretary of Agriculture if ad6 ministered as a separate entity outside of the Na7 tional Forest System; and

8 (3) a grazing program on National Grasslands

9 can be responsibly carried out while protecting and

10 preserving sporting, recreational, environmental, and

11 other multiple uses of the National Grasslands.

12 (b) PURPOSE.—The purpose of this Act is to provide

13 for improved management and more efficient administra14 tion of grazing activities on National Grasslands while pre15 serving and protecting multiple uses of such lands, includ16 ing but not limited to preserving sportsmen’s hunting and

17 fishing and other recreational activities, and protecting

18 wildlife and wildlife habitat in accordance with applicable

19 laws.

20 SEC. 3. DEFINITIONS.

21 As used in this Act, the term—

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

23 managed as National grasslands by the Secretary of

24 Agriculture under title III of the Bankhead-Jones
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1 Farm Tenant Act (7 U.S.C. 1010–1012) on the day

2 before the date of enactment of this Act; and

3 (2) ‘‘Secretary’’ means the Secretary of Agri4 culture.

5 SEC. 4. REMOVAL OF NATIONAL GRASSLANDS FROM NA6 TIONAL FOREST SYSTEM.

7 Section 11(a) of the Forest Rangeland Renew8 able Resource Planning Act of 1974 (16 U.S.C.

9 1609(a)) is amended by striking the phrase ‘‘the na10 tional grasslands and land utilization projects ad11 ministered under title III of the Bankhead-Jones

12 Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010–

13 1012)’’.

14 SEC. 5. MANAGEMENT OF NATIONAL GRASSLANDS.

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

16 Chief of the Forest Service, shall manage the National

17 Grasslands as a separate entity in accordance with this

18 Act and the provisions and multiple use purposes of title

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

20 1010–1012).

21 (b) CONSULTATION.—The Secretary shall provide

22 timely opportunities for consultation and cooperation with

23 interested State and local government entities, and other

24 interested individuals and organizations in the develop25 ment and implementation of land use policies and plans,
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1 and land conservation programs for the National Grass2 lands.

3 (c) GRAZING ACTIVITIES.—In furtherance of the pur4 poses of this Act, 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 (d) 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

16 equivalent to that in the National Forest System on the

17 day prior to the date of enactment of the Act.

18 (e) 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 promote grass25 land agriculture and secure occupancy and economic sta-
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1 bility of farms and ranches, control soil erosion, promote

2 reforestation, preserve and protect natural resources, pro3 tect fish and wildlife and their habitat, develop and protect

4 recreational opportunities and facilities, mitigate floods,

5 prevent impairment of dams and reservoirs, develop en6 ergy resources, conserve surface and substance moisture,

7 protect the watersheds of navigable streams, and protect

8 the public lands, health, safety and welfare, but not to

9 build industrial parks or commercial enterprises.’’.

10 (f) HUNTING AND FISHING, AND OTHER REC11 REATIONAL ACTIVITIES.—Nothing in this Act shall be

12 construed as limiting or precluding hunting or fishing ac13 tivities on National Grasslands in accordance with applica14 ble Federal and State laws, nor shall appropriate rec15 reational activities be limited or precluded.

16 (g) VALID EXISTING RIGHTS.—Nothing in this Act

17 shall affect valid existing rights, reservations, agreements,

18 or authorizations. Section 1323(a) of Public Law 96–487

19 shall continue to apply to non-Federal land and interests

20 therein within the boundaries of the National Grasslands.

21 (h) FEES AND CHARGES.—Fees and charges for live22 stock grazing on the National Grasslands shall be deter23 mined in the same manner and according to the same for24 mula as we used for livestock grazing on the National

25 Grasslands during the 1996 grazing year. The Secretary
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1 may adjust the grazing fee to compensate for approved

2 conservation practices and administrative expenditures.

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