```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 852 Reported in Senate (RS)]

                                                       Calendar No. 158

104th CONGRESS

  1st Session

                                 S. 852

                          [Report No. 104-123]

_______________________________________________________________________

                                 A BILL

To provide for uniform management of livestock grazing on Federal land, 
                        and for other purposes.

_______________________________________________________________________

                July 28 (legislative day, July 10), 1995

                       Reported with an amendment
                                                       Calendar No. 158
104th CONGRESS
  1st Session
                                  S. 852

                          [Report No. 104-123]

To provide for uniform management of livestock grazing on Federal land, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                 May 25 (legislative day, May 15), 1995

  Mr. Domenici (for himself, Mr. Craig, Mr. Brown, Mr. Campbell, Mr. 
 Hatch, Mr. Bennett, Mr. Burns, Mr. Simpson, Mr. Thomas, Mr. Kyl, Mr. 
Pressler, Mr. Kempthorne, Mr. Conrad, Mr. Dorgan, Mr. Dole, Mr. Gramm, 
and Mr. Baucus) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                July 28 (legislative day, July 10), 1995

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To provide for uniform management of livestock grazing on Federal land, 
                        and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Livestock 
Grazing Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Effective date.
        <DELETED>TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND

                <DELETED>Subtitle A--General Provisions

<DELETED>Sec. 101. Findings.
<DELETED>Sec. 102. Application of title.
<DELETED>Sec. 103. Objective.
<DELETED>Sec. 104. Definitions.
<DELETED>Sec. 105. Fundamentals of rangeland health.
<DELETED>Sec. 106. Land use plans.
<DELETED>Sec. 107. Rule of construction.
      <DELETED>Subtitle B--Qualifications and Grazing Preferences

<DELETED>Sec. 111. Mandatory qualifications.
<DELETED>Sec. 112. Acquired land.
<DELETED>Sec. 113. Grazing preferences.
<DELETED>Sec. 114. Changes in grazing preference status.
<DELETED>Sec. 115. Changes in Federal land acreage.
                <DELETED>Subtitle C--Grazing Management

<DELETED>Sec. 121. Allotment management plans.
<DELETED>Sec. 122. Range improvements.
<DELETED>Sec. 123. Water rights.
<DELETED>Sec. 124. Management of grazing on land under the jurisdiction 
                            of other departments and agencies.
           <DELETED>Subtitle D--Authorization of Grazing Use

<DELETED>Sec. 131. Applications.
<DELETED>Sec. 132. Grazing permits or grazing leases.
<DELETED>Sec. 133. Free-use grazing permits.
<DELETED>Sec. 134. Other grazing authorizations.
<DELETED>Sec. 135. Ownership and identification of livestock.
<DELETED>Sec. 136. Terms and conditions.
<DELETED>Sec. 137. Fees and charges.
<DELETED>Sec. 138. Pledge of grazing permits or grazing leases as 
                            security for loans.
    <DELETED>Subtitle E--Civil Violations and Failures of Compliance

<DELETED>Sec. 141. Civil violations and failures of compliance.
             <DELETED>Subtitle F--Unauthorized Grazing Use

<DELETED>Sec. 151. Liability for damages.
<DELETED>Sec. 152. Notice and order to remove.
<DELETED>Sec. 153. Settlement.
<DELETED>Sec. 154. Impoundment and sale.
                     <DELETED>Subtitle G--Procedure

<DELETED>Sec. 161. Proposed decisions.
<DELETED>Sec. 162. Protests.
<DELETED>Sec. 163. Final decisions.
<DELETED>Sec. 164. Appeals.
                <DELETED>Subtitle H--Advisory Committees

<DELETED>Sec. 171. Purpose.
<DELETED>Sec. 172. Objective.
<DELETED>Sec. 173. Relation to other law.
<DELETED>Sec. 174. Policy.
<DELETED>Sec. 175. General provisions.
<DELETED>Sec. 176. Resource advisory councils.
<DELETED>Sec. 177. Grazing advisory councils.
<DELETED>Sec. 178. Meetings.
<DELETED>Sec. 179. Conforming amendment and repeal.
                      <DELETED>Subtitle I--Reports

<DELETED>Sec. 181. Reports.
                      <DELETED>TITLE II--GRASSLAND

<DELETED>Sec. 201. Removal of grasslands from National Forest system.
<DELETED>SEC. 2. EFFECTIVE DATE.</DELETED>

<DELETED>    (a) In General.--This Act and the amendments and repeals 
made by this Act shall become effective on March 1, 1996.</DELETED>
<DELETED>    (b) Interim Provision.--Until the effective date specified 
in subsection (a), management of livestock grazing on Federal land 
shall be conducted in accordance with the law (including regulations) 
in effect on May 18, 1995.</DELETED>

   <DELETED>TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND</DELETED>

           <DELETED>Subtitle A--General Provisions</DELETED>

<DELETED>SEC. 101. FINDINGS.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) through the cooperative and concerted efforts 
        of the Federal rangeland livestock industry, Federal and State 
        land management agencies, and the general public, the Federal 
        rangelands are in the best condition they have been in during 
        this century, and their condition continues to 
        improve;</DELETED>
        <DELETED>    (2) as a further consequence of those efforts, 
        populations of big game and wildlife are increasing and 
        stabilizing across vast areas of the West;</DELETED>
        <DELETED>    (3) further efforts to assist in developing and 
        nurturing that cooperation at all levels of government are 
        important, and those efforts will provide long-term benefits to 
        the Nation's rangelands and their related resources;</DELETED>
        <DELETED>    (4) to promote the economic, cultural, and social 
        well being of western States, rural communities in the western 
        States, and the western livestock industry, it is in the public 
        interest to charge a fee for livestock grazing permits and 
        grazing leases on Federal land that is based on a formula 
        that--</DELETED>
                <DELETED>    (A) reflects a fair return to the Federal 
                Government and the true costs to the permittee or 
                lessee; and</DELETED>
                <DELETED>    (B) promotes continuing cooperative 
                stewardship efforts;</DELETED>
        <DELETED>    (5) opportunities exist for improving efficiency 
        in the administration of the range programs on Federal land, 
        and those opportunities should be pursued with goals of--
        </DELETED>
                <DELETED>    (A) reducing planning and analysis costs 
                and their associated paperwork, procedural, and 
                clerical burdens; and</DELETED>
                <DELETED>    (B) refocusing efforts to the direct 
                management of the resources themselves;</DELETED>
        <DELETED>    (6) in order to provide meaningful review and 
        oversight of the management of the public rangelands and the 
        grazing allotment on those rangelands, refinement of the 
        reporting of costs of various components of the land management 
        program is needed;</DELETED>
        <DELETED>    (7) incentives for greater local input into the 
        management of the public rangelands as well as incentives to 
        encourage private investment in improvement of the public 
        rangelands will assist in those efforts and are in the best 
        interests of the United States;</DELETED>
        <DELETED>    (8) the western livestock industry that relies on 
        Federal land plays an important and integral role in 
        maintaining and preserving the social, economic, and cultural 
        base of rural communities in the western States and further 
        plays an important and integral role in the economies of the 16 
        western States in which rangelands managed by the Secretary are 
        situated;</DELETED>
        <DELETED>    (9) maintaining the economic viability of the 
        western livestock industry is essential to maintaining open 
        space and habitat for big game, wildlife, and fish, but 
        currently there are pressures to sell the base property of the 
        Federal land ranches for subdivision or other development, 
        which would reduce or remove the available open space and fish 
        and wildlife habitat; and</DELETED>
        <DELETED>    (10) since the enactment of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
        Secretary has been charged with developing land use plans that 
        are consistent with land use plans adopted by State, local, and 
        tribal governments, but to date the planning efforts have not 
        produced land use plans for Federal land that is in fact 
        consistent with State, local, or tribal planning.</DELETED>
<DELETED>    (b) Repeal of Earlier Findings.--Section 2(a) of the 
Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901(a)) is 
amended--</DELETED>
        <DELETED>    (1) by striking paragraphs (1), (2), (3), and 
        (4);</DELETED>
        <DELETED>    (2) by redesignating paragraphs (5) and (6) as 
        paragraphs (1) and (2), respectively;</DELETED>
        <DELETED>    (3) in paragraph (1) (as so redesignated), by 
        adding ``and'' at the end; and</DELETED>
        <DELETED>    (4) in paragraph (2) (as so redesignated)--
        </DELETED>
                <DELETED>    (A) by striking ``harrassment'' and 
                inserting ``harassment''; and</DELETED>
                <DELETED>    (B) by striking the semicolon at the end 
                and inserting a period.</DELETED>

<DELETED>SEC. 102. APPLICATION OF ACT.</DELETED>

<DELETED>    Except as provided in section 137(d), this Act applies 
to--</DELETED>
        <DELETED>    (1) the management of grazing on Federal land by 
        the Secretary of the Interior under--</DELETED>
                <DELETED>    (A) the Act of June 28, 1934 (commonly 
                known as the ``Taylor Grazing Act'') (48 Stat. 1269, 
                chapter 865; 43 U.S.C. 315 et seq.);</DELETED>
                <DELETED>    (B) the Act of August 28, 1937 (commonly 
                known as the ``Oregon and California Railroad and Coos 
                Bay Wagon Road Grant Lands Act of 1937'') (50 Stat. 
                874, chapter 876; 43 U.S.C. 1181a et seq.);</DELETED>
                <DELETED>    (C) the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1701 et seq.);</DELETED>
                <DELETED>    (D) title III of the Bankhead-Jones Farm 
                Tenant Act (7 U.S.C. 1010 et seq.); and</DELETED>
                <DELETED>    (E) any other law; and</DELETED>
        <DELETED>    (2) the Secretary on behalf of the head of another 
        department or agency under a memorandum of understanding under 
        section 124.</DELETED>

<DELETED>SEC. 103. OBJECTIVE.</DELETED>

<DELETED>    The objective of this Act is to achieve--</DELETED>
        <DELETED>    (1) orderly use, improvement, and development of 
        Federal land;</DELETED>
        <DELETED>    (2) enhancement of productivity of Federal land by 
        conservation of forage resources and reduction of soil erosion 
        and by proper management of other resources such as by control 
        of woody species invasion;</DELETED>
        <DELETED>    (3) stabilization of the livestock industry 
        dependent on the public rangeland;</DELETED>
        <DELETED>    (4) performance of an inventory and categorization 
        of public rangelands on the basis of range conditions and 
        trends; and</DELETED>
        <DELETED>    (5) consideration of wildlife populations and 
        habitat,</DELETED>
<DELETED>consistent with land-use plans, multiple-use, sustained yield, 
environmental values, and economic and other objectives stated in the 
Acts cited in section 102.</DELETED>

<DELETED>SEC. 104. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--In this Act:</DELETED>
        <DELETED>    (1) Active use.--The term ``active use'' means the 
        amount of authorized livestock grazing use that is being made 
        at any time.</DELETED>
        <DELETED>    (2) Actual use.--The term ``actual use'' means the 
        places at which, the number and kinds or classes of, and the 
        length of time that livestock graze on an allotment.</DELETED>
        <DELETED>    (3) Actual use report.--The term ``actual use 
        report'' means a report of the actual livestock grazing use 
        submitted by a permittee or lessee.</DELETED>
        <DELETED>    (4) Affected interest.--The term ``affected 
        interest'' means an individual or organization that--</DELETED>
                <DELETED>    (A) has expressed in writing to an 
                authorized officer concern for the management of 
                livestock grazing on a specific grazing allotment and 
                has provided substantiated evidence that the management 
                of the public lands will affect the individual or 
                organization; and</DELETED>
                <DELETED>    (B) has been determined by an authorized 
                officer to be an affected interest.</DELETED>
        <DELETED>    (5) Allotment.--The term ``allotment'' means an 
        area of designated Federal land that includes management for 
        grazing of livestock.</DELETED>
        <DELETED>    (6) Allotment management plan.--The term 
        ``allotment management plan''--</DELETED>
                <DELETED>    (A) means a documented program that 
                applies to livestock grazing on an allotment; 
                and</DELETED>
                <DELETED>    (B) includes such a documented plan that 
                is included in an activity plan that governs grazing as 
                well as other activities on Federal land.</DELETED>
        <DELETED>    (7) Animal unit month.--</DELETED>
                <DELETED>    (A) State definition.--With respect to 
                grazing on Federal land in a State that charges a fee 
                for grazing on State land based on a formula in which 
                one of the factors is an animal unit month, the term 
                ``animal unit month'' has the meaning established under 
                State law.</DELETED>
                <DELETED>    (B) No state definition.--</DELETED>
                        <DELETED>    (i) In general.--Subject to clause 
                        (ii), with respect to grazing on Federal land 
                        in a State other than a State described in 
                        subparagraph (A), the term ``animal unit 
                        month'' means 1 month's use and occupancy of 
                        range by--</DELETED>
                                <DELETED>    (I) 1 cow, bull, steer, 
                                heifer, horse, burro, or mule, 7 sheep, 
                                or 7 goats, each of which is 6 months 
                                of age or older on the date on which 
                                the animal begins grazing on Federal 
                                land;</DELETED>
                                <DELETED>    (II) any such animal 
                                regardless of age if the animal is 
                                weaned on the date on which the animal 
                                begins grazing on Federal land; 
                                and</DELETED>
                                <DELETED>    (III) any such animal that 
                                will become 12 months of age during the 
                                period of use authorized under a 
                                grazing permit or grazing 
                                lease.</DELETED>
                        <DELETED>    (ii) Livestock not counted.--There 
                        shall not be counted as an animal unit month 
                        the use of Federal land for grazing by--
                        </DELETED>
                                <DELETED>    (I) an animal that is less 
                                than 6 months of age on the date on 
                                which the animal begins grazing on 
                                Federal land and is the natural progeny 
                                of an animal on which a grazing fee is 
                                paid if the animal is removed from the 
                                Federal land before becoming 12 months 
                                of age; or</DELETED>
                                <DELETED>    (II) an animal that is 
                                progeny, born during the period of use 
                                authorized under a grazing permit or 
                                grazing lease, of an animal on which a 
                                grazing fee is paid.</DELETED>
        <DELETED>    (8) Authorized officer.--The term ``authorized 
        officer'' means a person authorized by the Secretary to 
        administer this title, the Acts cited in section 102, and 
        regulations issued under this title and those Acts.</DELETED>
        <DELETED>    (9) Base property.--The term ``base property'' 
        means--</DELETED>
                <DELETED>    (A) land that has the capability of 
                producing crops or forage that can be used to support 
                authorized livestock for a specified period of the 
                year; and</DELETED>
                <DELETED>    (B) water that is suitable for consumption 
                by livestock and is available to and accessible by 
                authorized livestock when the land is used for 
                livestock grazing.</DELETED>
        <DELETED>    (10) Cancel; cancellation.--The terms ``cancel'' 
        and ``cancellation'' refer to a permanent termination, in whole 
        or in part, of--</DELETED>
                <DELETED>    (A) a grazing permit or grazing lease and 
                grazing preference; or</DELETED>
                <DELETED>    (B) a free-use grazing permit or other 
                grazing authorization.</DELETED>
        <DELETED>    (11) Class.--The term ``class'', in reference to 
        livestock, refers to the age and sex of a group of 
        livestock.</DELETED>
        <DELETED>    (12) Consultation, cooperation, and 
        coordination.--The term ``consultation, cooperation, and 
        coordination'' has the meaning stated in section 402(d) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1752(d)), as amended.</DELETED>
        <DELETED>    (13) Control.--The term ``control'', in reference 
        to base property or livestock, means responsibility for 
        providing care and management of base property or 
        livestock.</DELETED>
        <DELETED>    (14) Federal land.--The term ``Federal land''--
        </DELETED>
                <DELETED>    (A) means land or an interest in land 
                outside the State of Alaska that is owned by the United 
                States and administered by the Secretary of the 
                Interior, acting through the Director of the Bureau of 
                Land Management; but</DELETED>
                <DELETED>    (B) does not include land held for the 
                benefit of Indians.</DELETED>
        <DELETED>    (15) Grazing district.--The term ``grazing 
        district'' means the specific area within which Federal land is 
        administered under section 3 of the Act of June 28, 1934 
        (commonly known as the ``Taylor</DELETED>
         Grazing Act'') (48 Stat. 1270, chapter 865; 43 U.S.C. 
315b).</DELETED>
        <DELETED>    (16) Grazing fee year.--The term ``grazing fee 
        year'', for billing purposes, means a 12-month period that 
        begins on March 1 of a year and ends on the last day of 
        February of the following year.</DELETED>
        <DELETED>    (17) Grazing lease.--The term ``grazing lease'' 
        means a document authorizing use of Federal land outside 
        grazing districts under section 15 of the Act of June 28, 1934 
        (commonly known as the ``Taylor Grazing Act'') (48 Stat. 1275, 
        chapter 865; 43 U.S.C. 315m) for the purpose of grazing 
        livestock.</DELETED>
        <DELETED>    (18) Grazing permit.--The term ``grazing permit'' 
        means a document authorizing use of the Federal land within a 
        grazing district under section 3 of the Act of June 28, 1934 
        (commonly known as the ``Taylor Grazing Act'') (48 Stat. 1270, 
        chapter 865; 43 U.S.C. 315b), for the purpose of grazing 
        livestock.</DELETED>
        <DELETED>    (19) Grazing preference.--The term ``grazing 
        preference'' means the number of animal unit months of 
        livestock grazing on Federal land as adjudicated or apportioned 
        and attached to base property owned or controlled by a 
        permittee or lessee.</DELETED>
        <DELETED>    (20) Land base property.--The term ``land base 
        property'' means base property described in paragraph 
        (9)(A).</DELETED>
        <DELETED>    (21) Land use plan.--The term ``land use plan'' 
        means--</DELETED>
                <DELETED>    (A) a resource management plan; 
                or</DELETED>
                <DELETED>    (B) a management framework plan that is in 
                effect pending completion of a resource management 
                plan,</DELETED>
        <DELETED>developed in accordance with the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.).</DELETED>
        <DELETED>    (22) Livestock.--The term ``livestock'' means--
        </DELETED>
                <DELETED>    (A) a species of domestic livestock, 
                including cattle, sheep, horses, burros, and goats; 
                and</DELETED>
                <DELETED>    (B) a member of such a species.</DELETED>
        <DELETED>    (23) Livestock carrying capacity.--The term 
        ``livestock carrying capacity'' means the maximum sustainable 
        stocking rate that is possible without inducing permanent 
        damage to vegetation or related resources.</DELETED>
        <DELETED>    (24) Monitoring.--The term ``monitoring'' means 
        the periodic observation and orderly collection of data to 
        evaluate--</DELETED>
                <DELETED>    (A) effects of management actions; 
                and</DELETED>
                <DELETED>    (B) effectiveness of actions in meeting 
                management objectives.</DELETED>
        <DELETED>    (25) Range improvement.--The term ``range 
        improvement''--</DELETED>
                <DELETED>    (A) means an authorized activity or 
                program on or relating to rangeland that is designed 
                to--</DELETED>
                        <DELETED>    (i) improve production of 
                        forage;</DELETED>
                        <DELETED>    (ii) change vegetative 
                        composition;</DELETED>
                        <DELETED>    (iii) control patterns of 
                        use;</DELETED>
                        <DELETED>    (iv) provide water;</DELETED>
                        <DELETED>    (v) stabilize soil and water 
                        conditions; or</DELETED>
                        <DELETED>    (vi) provide habitat for 
                        livestock, wild horses and burros, and 
                        wildlife; and</DELETED>
                <DELETED>    (B) includes structures, treatment 
                projects, and use of mechanical means to accomplish the 
                goals described in subparagraph (A).</DELETED>
        <DELETED>    (26) Rangeland study.--The term ``rangeland 
        study'' means a method of study for collecting data on actual 
        use, utilization, climatic conditions, other special events, 
        production trend, and rangeland condition and trend to 
        determine whether management objectives are being met, that--
        </DELETED>
                <DELETED>    (A) uses physical examination of 
                measurements of range attributes and does not rely on a 
                cursory visual scanning of land unless the condition to 
                be assessed is patently obvious and requires no 
                physical examination; and</DELETED>
                <DELETED>    (B) is accepted by an authorized 
                officer.</DELETED>
        <DELETED>    (27) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (28) Service area.--The term ``service area'' 
        means the area that can be properly grazed by livestock 
        watering at a certain water.</DELETED>
        <DELETED>    (29) Stocking rate.--The term ``stocking rate'' 
        means the number of animal unit months authorized under a 
        grazing permit or grazing lease from year to year.</DELETED>
        <DELETED>    (30) Sublease.--The term ``sublease'' means an 
        agreement by a permittee or lessee that--</DELETED>
                <DELETED>    (A) allows a person other than the 
                permittee or lessee to graze livestock on Federal land 
                without controlling the base property supporting the 
                grazing permit or grazing lease; or</DELETED>
                <DELETED>    (B) allows grazing on Federal land by 
                livestock not owned or controlled by the permittee or 
                lessee.</DELETED>
        <DELETED>    (31) Supplemental feed.--The term ``supplemental 
        feed'' means a feed that supplements the</DELETED>
         forage available from Federal land and is provided to improve 
livestock nutrition or rangeland management.</DELETED>
        <DELETED>    (32) Suspend; suspension.--The terms ``suspend'' 
        and ``suspension'' refer to a temporary withholding, in whole 
        or in part, of a grazing preference from active use, ordered by 
        the Secretary or done voluntarily by a permittee or 
        lessee.</DELETED>
        <DELETED>    (33) Trend.--The term ``trend'' means the 
        direction of change, over time, toward or away from a desire 
        management objective.</DELETED>
        <DELETED>    (34) Utilization.--The term ``utilization'' means 
        the percentage of a year's herbage production consumed or 
        destroyed by herbivores.</DELETED>
        <DELETED>    (35) Water base property.--The term ``water base 
        property'' means base property described in paragraph 
        (9)(B).</DELETED>
<DELETED>    (b) Consultation, Cooperation, and Coordination.--Section 
402(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1752(d)) is amended--</DELETED>
        <DELETED>    (1) by inserting a comma after ``cooperation'' 
        each place it appears; and</DELETED>
        <DELETED>    (2) by adding at the end the following: ``As used 
        in this subsection, the term `consultation, cooperation, and 
        coordination' means engagement in a good faith effort to reach 
        consensus on issues, plans, or management actions from--
        </DELETED>
        <DELETED>    ``(1) other agencies, permittees, or lessees, and 
        affected interests involved in an activity with respect to 
        which consultation, cooperation, and coordination are required 
        under this title;</DELETED>
        <DELETED>    ``(2) resource advisory councils established under 
        section 177 of the Livestock Grazing Act;</DELETED>
        <DELETED>    ``(3) any State having land within the area to be 
        covered by an allotment management plan; and</DELETED>
        <DELETED>    ``(4) additional affected interests (as defined in 
        section 104(a)(4) of the Livestock Grazing Act).''.</DELETED>

<DELETED>SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.</DELETED>

<DELETED>    (a) Standards and Guidelines.--The Secretary shall 
establish standards and guidelines on a State or regional level in 
conjunction with the State department of agriculture or other 
appropriate agency and the land-grant university or other appropriate 
institution of higher education of each interested State.</DELETED>
<DELETED>    (b) Rule of Construction.--Nothing in this Act or any 
other law implies that a minimum national standard or guideline is 
necessary.</DELETED>

<DELETED>SEC. 106. LAND USE PLANS.</DELETED>

<DELETED>    (a) Principle of Multiple Use and Sustained Yield.--An 
authorized officer shall manage livestock grazing on Federal land under 
the principle of multiple use and sustained yield and in accordance 
with applicable land use plans.</DELETED>
<DELETED>    (b) Contents of Land Use Plan.--A land use plan shall--
</DELETED>
        <DELETED>    (1) establish allowable resource uses (singly or 
        in combination), related levels of production or use to be 
        maintained, areas of use, and resource condition goals and 
        objectives to be obtained; and</DELETED>
        <DELETED>    (2) set forth programs and general management 
        practices needed to achieve management objectives.</DELETED>
<DELETED>    (c) Application of NEPA.--A land use plan shall be 
developed in conformance with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).</DELETED>
<DELETED>    (d) Conformance With Land Use Plan.--Livestock grazing 
activities and management actions approved by the authorized officer--
</DELETED>
        <DELETED>    (1) may include any such activities as are not 
        clearly prohibited by a land use plan; and</DELETED>
        <DELETED>    (2) shall not require any consideration under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) in addition to the studies supporting the land use 
        plan.</DELETED>

<DELETED>SEC. 107. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this title shall be construed to reduce or 
otherwise limit the levels of livestock grazing that were authorized to 
be permitted as of August 1, 1993.</DELETED>

 <DELETED>Subtitle B--Qualifications and Grazing Preferences</DELETED>

<DELETED>SEC. 111. MANDATORY QUALIFICATIONS.</DELETED>

<DELETED>    Except as provided under sections 112, 114, and 134(c), to 
qualify for grazing use on Federal land an applicant shall--</DELETED>
        <DELETED>    (1) be engaged in the livestock 
        business;</DELETED>
        <DELETED>    (2) own or control base property; and</DELETED>
        <DELETED>    (3) be--</DELETED>
                <DELETED>    (A) a citizen of the United States or a 
                person who has properly filed a valid declaration of 
                intention to become a citizen or a valid petition for 
                naturalization;</DELETED>
                <DELETED>    (B) a group or association authorized to 
                conduct business in the State in which the grazing use 
                is sought, all members of which are persons described 
                in subparagraph (A); or</DELETED>
                <DELETED>    (C) a corporation authorized to conduct 
                business in the State in which the grazing use is 
                sought.</DELETED>

<DELETED>SEC. 112. ACQUIRED LAND.</DELETED>

<DELETED>    With respect to land acquired by the Secretary through 
purchase, exchange, Act of Congress, or Executive order under the terms 
of which the Secretary is required to honor an existing grazing permit 
or grazing lease, the permittee or lessee shall be considered qualified 
for grazing use on that land.</DELETED>

<DELETED>SEC. 113. GRAZING PREFERENCES.</DELETED>

<DELETED>    (a) Base Property.--</DELETED>
        <DELETED>    (1) Criteria.--An authorized officer shall find 
        land or water owned or controlled by an applicant for a grazing 
        permit or grazing lease to be base property if the land or 
        water--</DELETED>
                <DELETED>    (A) serves as a base for a livestock 
                operation that utilizes Federal land within a grazing 
                district; or</DELETED>
                <DELETED>    (B) is contiguous land, or noncontiguous 
                land if no applicant for the grazing permit or grazing 
                lease owns or controls contiguous land, used in 
                conjunction with a livestock operation that utilizes 
                Federal land outside a grazing district.</DELETED>
        <DELETED>    (2) Specification of length of time.--After 
        appropriate consultation, cooperation, and coordination with 
        the applicant only, an authorized officer shall specify the 
        length of time for which land base property shall be considered 
        to be capable of supporting authorized livestock during the 
        year, relative to the multiple use management objective of 
        Federal land.</DELETED>
        <DELETED>    (3) Submission by applicant.--An applicant shall--
        </DELETED>
                <DELETED>    (A) provide a legal description, or plat, 
                of the base property; and</DELETED>
                <DELETED>    (B) certify to the authorized officer that 
                the base property meets the requirements under 
                paragraphs (1) and (2).</DELETED>
        <DELETED>    (4) Loss of ownership or control.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), if a permittee or lessee loses 
                ownership or control of all or part of the base 
                property, the grazing permit or grazing lease, to the 
                extent it was based on the lost property, shall 
                terminate immediately, without notice from the 
                authorized officer.</DELETED>
                <DELETED>    (B) Extension of termination date.--If, 
                prior to losing ownership or control of the base 
                property, the permittee or lessee requests in writing 
                that the grazing permit or grazing lease be extended to 
                the end of the grazing season or grazing year, the 
                authorized officer, after consultation with the new 
                owner or person in control, may grant the 
                request.</DELETED>
                <DELETED>    (C) Availability for transfer.--When a 
                grazing permit or grazing lease terminates because of a 
                loss of ownership or control of a base property, the 
                grazing preference shall remain with the base property 
                and be available for transfer under subsection (c) to 
                the new owner or person in control of the base 
                property.</DELETED>
        <DELETED>    (5) Isolated or disconnected federal land.--An 
        applicant that owns or controls base property contiguous to or 
        cornering on a tract of Federal land outside a grazing district 
        that consists of an isolated or disconnected tract embracing 
        760 acres or less shall, for a period of 90 days after the 
        tract has been offered for grazing lease, have a preference 
        right to graze the tract.</DELETED>
<DELETED>    (b) Specifying Grazing Preference.--</DELETED>
        <DELETED>    (1) In general.--A grazing permit or grazing lease 
        shall specify a grazing preference that includes--</DELETED>
                <DELETED>    (A) a historical grazing preference 
                right;</DELETED>
                <DELETED>    (B) active use, based on the amount of 
                forage available for livestock grazing established in 
                the land use plan;</DELETED>
                <DELETED>    (C) suspended use; and</DELETED>
                <DELETED>    (D) voluntary and temporary 
                nonuse.</DELETED>
        <DELETED>    (2) Attachment of grazing preference.--A grazing 
        preference identified in a grazing permit or grazing lease 
        shall attach to the base property supporting the grazing permit 
        or grazing lease.</DELETED>
        <DELETED>    (3) Attachment of animal unit months.--The animal 
        unit months of a grazing preference shall attach to--</DELETED>
                <DELETED>    (A) the acreage of land base property on a 
                pro rata basis; or</DELETED>
                <DELETED>    (B) water base property on the basis of 
                livestock forage production within the service area of 
                the water.</DELETED>
<DELETED>    (c) Transfer of Grazing Preference.--</DELETED>
        <DELETED>    (1) In general.--A transfer of a grazing 
        preference, in whole or in part, may be made in accordance with 
        this subsection.</DELETED>
        <DELETED>    (2) Qualification of transferee.--A transferee 
        shall meet all necessary qualifications for a grazing 
        preference under this title.</DELETED>
        <DELETED>    (3) Application.--An application to transfer a 
        grazing preference shall evidence assignment of interest and 
        obligation in range improvements authorized on Federal land 
        under section 122 and maintained in conjunction with the 
        transferred preference.</DELETED>
        <DELETED>    (4) Acceptance or rejection of terms and 
        conditions.--A transferee of a grazing preference may elect to 
        accept or reject the terms and conditions of the terminating 
        grazing permit or grazing lease and of any related cooperative 
        agreement or range improvement permit or to accept those terms 
        and conditions with such modifications as the transferee may 
        request and the authorized officer approve or with such 
        modifications as the authorized officer may require.</DELETED>
        <DELETED>    (5) Application for grazing permit or grazing 
        lease.--A proposed transferee shall file an application for a 
        grazing permit or grazing lease to the extent of the 
        transferred grazing preference simultaneously with the filing 
        of a transfer application.</DELETED>
        <DELETED>    (6) Transfers.--</DELETED>
                <DELETED>    (A) Transfers on sale or grazing lease of 
                base property.--If base property is sold or leased, the 
                transferee, not later than 90 days after the date of 
                sale or grazing lease, shall file with the authorized 
                officer a properly executed transfer application that--
                </DELETED>
                        <DELETED>    (i) identifies the base property; 
                        and</DELETED>
                        <DELETED>    (ii) states the amount of grazing 
                        preference being transferred in animal unit 
                        months.</DELETED>
                <DELETED>    (B) Transfer from base property to base 
                property.--</DELETED>
                        <DELETED>    (i) In general.--If a grazing 
                        preference is being transferred from 1 base 
                        property to another base property, the 
                        transferor shall own or control the base 
                        property from which the grazing preference is 
                        being transferred and file with the authorized 
                        officer a properly completed transfer 
                        application for approval.</DELETED>
                        <DELETED>    (ii) Consent of owner or leased 
                        base property.--If the transferor leases the 
                        base property, no transfer shall be allowed 
                        without the written consent of the owner and of 
                        any person or entity holding an encumbrance of 
                        the base property from which the transfer is to 
                        be made unless the transferor is a lessee 
                        without whose livestock operations the grazing 
                        preference would not have been 
                        established.</DELETED>
        <DELETED>    (7) Termination.--On the date of approval of a 
        transfer, the existing grazing permit or grazing lease shall 
        terminate automatically and without notice to the extent of the 
        transfer.</DELETED>
        <DELETED>    (8) Acquisition of base property by person not 
        qualified.--</DELETED>
                <DELETED>    (A) No effect for 2 years.--For a period 
                of 2 years after an unqualified transferee acquires 
                rights in base property through operation of law or 
                testamentary disposition, the transfer shall not--
                </DELETED>
                        <DELETED>    (i) affect the grazing preference 
                        or any outstanding grazing permit or grazing 
                        lease; or</DELETED>
                        <DELETED>    (ii) preclude the issuance or 
                        renewal of a grazing permit or grazing lease 
                        based on the base property.</DELETED>
                <DELETED>    (B) Cancellation.--If an unqualified 
                transferee fails to qualify for a transfer under this 
                section within the 2-year period described in 
                subparagraph (A), the grazing preference shall be 
                subject to cancellation, but the authorized officer my 
                grant extensions of the 2-year period if there have 
                been delays solely attributable to probate 
                proceedings.</DELETED>
        <DELETED>    (9) Failure to comply.--Failure of a transferee or 
        transferor to comply with this subsection may result in 
        rejection of the transfer application or cancellation of the 
        grazing preference.</DELETED>
<DELETED>    (d) Allotments.--After consultation, cooperation, and 
coordination with permittees or lessees, an authorized officer may 
designate and adjust allotment boundaries.</DELETED>

<DELETED>SEC. 114. CHANGES IN GRAZING PREFERENCE STATUS.</DELETED>

<DELETED>    (a) In General.--An authorized officer shall periodically 
review the stocking rate specified in a grazing permit or grazing lease 
and may make changes in the status of the stocking rate.</DELETED>
<DELETED>    (b) Support.--A change in a stock rate shall be supported 
by monitoring, as evidenced by rangeland studies conducted over time, 
and as is specified in an applicable land use plan or as is necessary 
to manage, maintain, or improve rangeland productivity.</DELETED>
<DELETED>    (c) Increase in Active Use.--</DELETED>
        <DELETED>    (1) In general.--Any additional forage that 
        becomes available may be apportioned to a qualified applicant 
        for livestock grazing use, consistent with multiple-use 
        management objectives.</DELETED>
        <DELETED>    (2) Temporary availability.--Any additional forage 
        that becomes temporarily available for livestock grazing use 
        (including forage that is temporarily available within an 
        allotment because of a change in grazing use under section 
        131(b)) may be apportioned on a nonrenewable basis.</DELETED>
        <DELETED>    (3) Availability on sustained use basis.--
        </DELETED>
                <DELETED>    (A) In general.--Any additional forage 
                that becomes available on a sustained yield basis for 
                livestock grazing use shall be apportioned in 
                satisfaction of grazing preferences to the permittees 
                and lessees authorized to graze in the allotment in 
                which the forage is available before being apportioned 
                to other persons under subparagraph (B).</DELETED>
                <DELETED>    (B) Apportionment to others.--After 
                consultation, cooperation, and coordination, additional 
                forage on a sustained yield basis available for 
                livestock grazing use exceeding the amount of grazing 
                preferences of the permittees and lessees in an 
                allotment may be apportioned in the following priority 
                to--</DELETED>
                        <DELETED>    (i) permittees and lessees in 
                        proportion to their contribution or efforts 
                        that resulted in increased forage 
                        production;</DELETED>
                        <DELETED>    (ii) permittees or lessees in 
                        proportion to the amount of their grazing 
                        preferences; and</DELETED>
                        <DELETED>    (iii) other qualified applicants 
                        under section 131.</DELETED>
<DELETED>    (d) Decrease in Authorized Grazing Use.--</DELETED>
        <DELETED>    (1) Temporary suspension.--</DELETED>
                <DELETED>    (1) In general.--Active use may be 
                suspended in whole or in part on a temporary basis to 
                facilitate--</DELETED>
                        <DELETED>    (i) recovery from drought, fire, 
                        or another natural event; or</DELETED>
                        <DELETED>    (ii) installation, maintenance, or 
                        modification of range improvements.</DELETED>
                <DELETED>    (B) Implementation.--If an authorized 
                officer determines that the soil, vegetation, or other 
                resources on Federal land require temporary protection 
                because of conditions such as drought, fire, flood, or 
                insect infestation, after consultation, cooperation, 
                and coordination with affected permittees or lessees 
                and other affected interests, action shall be taken to 
                close allotments or portions of allotments to grazing 
                by any kind of livestock or to modify authorized 
                grazing use.</DELETED>
        <DELETED>    (2) Permanent suspension.--When monitoring shows 
        that active use is causing an unacceptable level or pattern of 
        utilization or exceeds the livestock carrying capacity, as 
        determined through monitoring, an authorized officer, after 
        evaluating and implementing all reasonable and viable 
        management practices or alternatives, shall reduce active use 
        if necessary to maintain or improve rangeland productivity only 
        if the authorized officer determines that a change in 
        management practices would not achieve the management 
        objectives.</DELETED>
        <DELETED>    (3) Period of suspension.--When active use is 
        reduced, the active use shall be held in suspension or in 
        nonuse for conservation and protection purposes until the 
        authorized officer determines that active use may 
        resume.</DELETED>
<DELETED>    (e) Implementation of Changes in Available Forage.--
</DELETED>
        <DELETED>    (1) Phasing-in.--A change in active use in excess 
        of 10 percent shall be implemented over a 5-year period, 
        unless, after consultation with the affected permittees or 
        lessees and other affected interests, an agreement is reached 
        to implement the increase or decrease over less than a 5-year 
        period.</DELETED>
        <DELETED>    (2) Suspension of grazing preference.--</DELETED>
                <DELETED>    (A) In general.--After consultation, 
                cooperation, and coordination, a suspension of a 
                grazing preference shall be implemented through a 
                documented agreement or by decision of an authorized 
                officer.</DELETED>
                <DELETED>    (B) Data available.--If acceptable range 
                analysis data are properly gathered, analyzed, and 
                reviewed by the authorized officer, an initial decrease 
                shall be taken on the effective date of the agreement 
                or decision and the balance taken in the third and 
                fifth year following that effective date, except as 
                provided in paragraph (1).</DELETED>
                <DELETED>    (C) Data not available.--If data 
                acceptable to the authorized officer to support an 
                initial decrease are not available--</DELETED>
                        <DELETED>    (i) additional data shall be 
                        collected through monitoring and in 
                        coordination with the land-grant university (or 
                        other appropriate institution of higher 
                        education) and department of agriculture of the 
                        State; and</DELETED>
                        <DELETED>    (ii) adjustments based on the 
                        additional data shall be implemented by 
                        agreement or decision that will initiate the 5-
                        year implementation period.</DELETED>

<DELETED>SEC. 115. CHANGES IN FEDERAL LAND ACREAGE.</DELETED>

<DELETED>    (a) Increases in Land Acreage.--If land outside a 
designated allotment becomes available for livestock grazing--
</DELETED>
        <DELETED>    (1) the forage available for livestock shall be 
        made available to a qualified applicant at the discretion of 
        the authorized officer; and</DELETED>
        <DELETED>    (2) grazing use shall be apportioned under section 
        131.</DELETED>
<DELETED>    (b) Decrease in Land Acreage.--</DELETED>
        <DELETED>    (1) In general.--If there is a decrease in Federal 
        land acreage available for livestock grazing within an 
        allotment--</DELETED>
                <DELETED>    (A) grazing permits or grazing leases may 
                be canceled, suspended, or modified as appropriate to 
                reflect the changed area of use; and</DELETED>
                <DELETED>    (B) grazing preferences may be canceled or 
                suspended in whole or in part.</DELETED>
        <DELETED>    (2) Equitable apportionment.--A cancellation or 
        suspension determined by the authorized officer to be necessary 
        to protect Federal land--</DELETED>
                <DELETED>    (A) shall be apportioned as agreed among 
                the authorized users and the authorized officer; 
                or</DELETED>
                <DELETED>    (B) if no agreement is reached, shall be 
                equitably apportioned by the authorized officer based 
                on the level of available forage and magnitude of the 
                change in Federal land acreage available.</DELETED>
        <DELETED>    (3) Disposition or use for public purpose.--
        </DELETED>
                <DELETED>    (A) In general.--If Federal land is 
                disposed of or devoted to a public purpose so as to 
                preclude livestock grazing, the Secretary shall, except 
                in a case of emergency such as need to satisfy a 
                national defense requirement in time of war or a 
                natural disaster, provide permittees and lessees 2 
                years' notice prior to cancellation of grazing permits, 
                grazing leases, and grazing preferences.</DELETED>
                <DELETED>    (B) Waiver.--A permittee or lessee may 
                unconditionally waive the 2-year prior notification 
                required by subparagraph (A).</DELETED>
                <DELETED>    (C) Right to compensation.--A waiver under 
                subparagraph (B) shall not prejudice a permittee's or 
                lessee's right to reasonable compensation at (but not 
                in excess of) the fair market value of the permittee's 
                or lessee's interest in authorized permanent range 
                improvements located on Federal land.</DELETED>

           <DELETED>Subtitle C--Grazing Management</DELETED>

<DELETED>SEC. 121. ALLOTMENT MANAGEMENT PLANS.</DELETED>

<DELETED>    (a) In General.--An allotment management plan shall be 
prepared in careful and considered consultation, cooperation, and 
coordination with permittees and lessees, landowners, the grazing 
advisory council for the grazing district, and any State having land 
within the area to be covered by the allotment management 
plan.</DELETED>
<DELETED>    (b) Contents.--An allotment management plan shall--
</DELETED>
        <DELETED>    (1) include the terms and conditions described in 
        section 136;</DELETED>
        <DELETED>    (2) prescribe the livestock grazing practices 
        necessary to meet specific multiple-use management 
        objectives;</DELETED>
        <DELETED>    (3) specify the limits of flexibility within which 
        the permittee or lessee may adjust operations without prior 
        approval of the authorized officer; and</DELETED>
        <DELETED>    (4) provide for monitoring to evaluate the 
        effectiveness of management actions in achieving the specific 
        multiple-use management objectives of the plan.</DELETED>
<DELETED>    (c) Private and State Land.--Private and State land shall 
be included in an allotment management plan with the consent or at the 
request of the person that owns or controls the land.</DELETED>
<DELETED>    (d) Incorporation in Grazing Permits and Grazing Leases.--
An allotment management plan shall be incorporated into the affected 
grazing permits and grazing leases.</DELETED>
<DELETED>    (e) Satisfaction of Requirements of Other Laws.--The 
issuance of a grazing permit or grazing lease that is consistent with a 
land use plan shall not be considered to be a Federal action requiring 
the conduct of any study or assessment under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other law.</DELETED>

<DELETED>SEC. 122. RANGE IMPROVEMENTS.</DELETED>

<DELETED>    (a) Range Improvement Cooperative Agreements.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may enter into a 
        cooperative agreement with a permittee or lessee for the 
        construction, installation, modification, maintenance, or use 
        of a permanent range improvement or development of a rangeland 
        to achieve a management or resource condition 
        objective.</DELETED>
        <DELETED>    (2) Cost-sharing.--A range improvement cooperative 
        agreement shall specify how the costs or labor, or both, shall 
        be shared between the United States and the other parties to 
        the agreement.</DELETED>
        <DELETED>    (3) Title.--</DELETED>
                <DELETED>    (A) In general.--Subject to valid existing 
                rights, title to an authorized permanent range 
                improvement under a range improvement cooperative 
                agreement shall be in the name of the permittee or 
                lessee and of the United States, respectively, in 
                proportion to the value of the contributions (funding, 
                material, and labor) toward the initial cost of 
                construction by the United States and the permittee or 
                lessee, respectively.</DELETED>
                <DELETED>    (B) Value of federal land.--For the 
                purpose of subparagraph (A), only a contribution to the 
                construction, installation, modification, or 
                maintenance of a permanent rangeland improvement 
                itself, and not the value of Federal land on which the 
                improvement is placed, shall be taken into 
                account.</DELETED>
                <DELETED>    (C) Maintenance.--Maintenance of range 
                improvements in the form of time as labor or monetary 
                expenditures shall be applied to the value and 
                percentage of ownership proportionate to the value of 
                the contribution by a party to the cooperative 
                agreement.</DELETED>
        <DELETED>    (4) Nonstructural range improvements.--A range 
        improvement cooperative agreement shall ensure that the 
        respective parties enjoy the benefits of any nonstructural 
        range improvement, such as seeding, spraying, and chaining, in 
        proportion to each party's contribution to the 
        improvement.</DELETED>
        <DELETED>    (5) Incentive.--A range improvement cooperative 
        agreement shall contain terms and conditions that are designed 
        to provide a permittee or lessee an incentive for investing in 
        range improvements.</DELETED>
<DELETED>    (b) Range Improvement Permits.--</DELETED>
        <DELETED>    (1) Application.--A permittee or lessee may apply 
        for a range improvement permit to construct, install, modify, 
        maintain, or use a range improvement that is needed to achieve 
        management objectives within the permittee's or lessee's 
        allotment.</DELETED>
        <DELETED>    (2) Funding.--A permittee or lessee shall agree to 
        provide full funding for construction, installation, 
        modification, or maintenance of a range improvement covered by 
        a range improvement permit.</DELETED>
        <DELETED>    (3) Authorized officer to issue.--A range 
        improvement permit shall be issued at the discretion of the 
        authorized officer.</DELETED>
        <DELETED>    (4) Title.--Title to an authorized permanent range 
        improvement under a range improvement permit shall be in the 
        name of the permittee or lessee.</DELETED>
        <DELETED>    (5) Control.--The use by livestock of stock ponds 
        or wells authorized by a range improvement permit shall be 
        controlled by the permittee or lessee holding a range 
        improvement permit.</DELETED>
<DELETED>    (c) Standards, Design, and Stipulations.--A range 
improvement cooperative agreement under subsection (a) and a range 
improvement permit under subsection (b) shall specify the standards and 
design, construction, and maintenance criteria for the range 
improvements.</DELETED>
<DELETED>    (d) Assignment of Range Improvements.--An authorized 
officer shall not approve the transfer of a grazing preference under 
section 113(c) or approve use by the transferee of existing range 
improvements unless the transferee has agreed to compensate the 
transferor for the transferor's interest in the authorized improvements 
within the allotment as of the date of the transfer.</DELETED>
<DELETED>    (e) Removal and Compensation for Loss of Range 
Improvements.--</DELETED>
        <DELETED>    (1) Prohibition of removal.--A person shall not 
        remove a range improvement from Federal land without 
        authorization by the authorized officer.</DELETED>
        <DELETED>    (2) Requirement to remove.--The authorized officer 
        may require a permittee or lessee to remove a range improvement 
        on Federal land that the permittee or lessee owns if the 
        improvement is no longer helping to achieve land use plan or 
        allotment goals and objectives or if the improvement fails to 
        meet the standards and criteria of subsection (c).</DELETED>
        <DELETED>    (3) Cancellation of grazing permit or grazing 
        lease.--</DELETED>
                <DELETED>    (A) In general.--If a grazing permit or 
                grazing lease is canceled in order to devote Federal 
                land covered by the grazing permit or grazing lease to 
                another public purpose, including disposal, the 
                permittee or lessee shall be entitled to receive from 
                the United States reasonable compensation for the value 
                of the permittee's or lessee's interest in authorized 
                permanent range improvements purchased by the permittee 
                or lessee or placed or constructed by the permittee or 
                lessee on Federal land covered by the canceled grazing 
                permit or grazing lease.</DELETED>
                <DELETED>    (B) Fair market value.--The value of a 
                permittee's or lessee's interest under subparagraph (A) 
                shall be equal to the fair market value of the 
                terminated portion of the permittee's or lessee's 
                interest in the permanent range improvements.</DELETED>
                <DELETED>    (C) Salvage and rehabilitation.--In a case 
                in which a range improvement is authorized by a range 
                improvement permit or range improvement cooperative 
                agreement, the permittee or lessee may elect to salvage 
                materials and perform rehabilitation measures rather 
                than accept compensation for the fair market 
                value.</DELETED>
        <DELETED>    (4) Cancellation of range improvement permit or 
        cooperative agreement.--If a range improvement permit or range 
        improvement cooperative agreement is canceled, the permittee or 
        lessee shall be allowed 180 days after the date of cancellation 
        in which to salvage material owned by the lessee or permittee 
        and perform rehabilitation measures necessitated by the 
        salvage.</DELETED>
<DELETED>    (i) Contributions.--An authorized officer may accept 
contributions of labor, material, equipment, or money for 
administration, protection, and improvement of Federal land necessary 
to achieve the objectives of this title.</DELETED>
<DELETED>    (j) Transfer of Ownership of Improvements.--</DELETED>
        <DELETED>    (1) Mediation.--An authorized officer may--
        </DELETED>
                <DELETED>    (A) mediate a dispute regarding reasonable 
                compensation in connection with a transfer of ownership 
                of a range improvement; and</DELETED>
                <DELETED>    (B) following consultation with the 
                interested parties, make a determination concerning the 
                fair and reasonable share of operation and maintenance 
                expenses and compensation for use of authorized range 
                improvements.</DELETED>
        <DELETED>    (2) No agreement.--If an agreement on the amount 
        of compensation cannot be reached, the authorized officer shall 
        issue a temporary grazing authorization, including appropriate 
        terms and conditions and the requirement to compensate the 
        permittee or lessee for the fair share of operation and 
        maintenance, as determined by the authorized officer.</DELETED>

<DELETED>SEC. 123. WATER RIGHTS.</DELETED>

<DELETED>    (a) In General.--No water rights shall be acquired, 
perfected, owned, controlled, maintained, administered, or transferred 
in connection with livestock grazing management unless authorized in 
accordance with State law concerning the use and appropriation of water 
within the State.</DELETED>
<DELETED>    (b) State Law.--In managing livestock grazing on Federal 
land, the Secretary shall follow State law with regard to water 
ownership.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in this title shall be 
construed to create an expressed or implied reservation of water rights 
in the United States.</DELETED>

<DELETED>SEC. 124. MANAGEMENT OF GRAZING ON LAND UNDER THE JURISDICTION 
              OF OTHER DEPARTMENTS AND AGENCIES.</DELETED>

<DELETED>    (a) In General.--In the case of land under the 
administrative jurisdiction of the head of another entity in the 
department or of another department or agency on which grazing is 
managed by the Secretary on behalf of the head of that entity, 
department, or agency, the Secretary shall enter into a memorandum of 
understanding setting out the terms and conditions under which grazing 
will be managed on that land.</DELETED>
<DELETED>    (b) Application of Title.--This title shall apply to 
management of grazing under subsection (a) except to the extent that 
the Secretary, in consultation with the head of the department or 
agency with jurisdiction over the land, in view of the needs of the 
other department</DELETED>
 or agency or the applicability of other law, requires application of 
different rules.</DELETED>

      <DELETED>Subtitle D--Authorization of Grazing Use</DELETED>

<DELETED>SEC. 131. APPLICATIONS.</DELETED>

<DELETED>    (a) In General.--An application for a grazing permit or 
grazing lease authorizing active use and nonuse, a free-use grazing 
permit, or other grazing authorization shall be filed with the 
authorized officer at the local Bureau of Land Management office having 
jurisdiction over the Federal land that is the subject of the 
application.</DELETED>
<DELETED>    (b) Changes in Grazing Use.--</DELETED>
        <DELETED>    (1) In general.--In the case of any grazing fee 
        year, an application for a change in grazing use should be 
        filed with the authorized officer before the billing notice for 
        the affected grazing use has been issued for the grazing fee 
        year.</DELETED>
        <DELETED>    (2) Late filing.--An application for a change in 
        grazing use filed after a billing notice for the affected 
        grazing use has been issued that requires the issuance of a 
        replacement or supplemental billing notice shall be subject to 
        a service charge under section 137(d).</DELETED>
        <DELETED>    (3) Authority to grant.--An authorized officer may 
        grant an application for a change in grazing use.</DELETED>
<DELETED>    (c) Conflicting Applications.--</DELETED>
        <DELETED>    (1) Factors to be considered.--If more than 1 
        qualified applicant applies for livestock grazing use of the 
        same Federal land or if additional forage for livestock or 
        additional acreage becomes available, an authorized officer may 
        authorize grazing use of the Federal land or use of forage--
        </DELETED>
                <DELETED>    (A) as provided in section 114(c); 
                or</DELETED>
                <DELETED>    (B) on the basis of any of the following 
                factors:</DELETED>
                        <DELETED>    (i) Historical use of Federal 
                        land.</DELETED>
                        <DELETED>    (ii) Proper range management and 
                        use of water for livestock.</DELETED>
                        <DELETED>    (iii) General needs of the 
                        applicants' livestock operations.</DELETED>
                        <DELETED>    (iv) Topography.</DELETED>
                        <DELETED>    (v) Other land use requirements 
                        unique to the situation.</DELETED>
        <DELETED>    (2) Factor not to be considered.--In authorizing 
        grazing use or use of forage under paragraph (1), an authorized 
        officer shall not take into consideration the past practice or 
        present willingness of an applicant to allow public access to 
        Federal land over private land.</DELETED>

<DELETED>SEC. 132. GRAZING PERMITS OR GRAZING LEASES.</DELETED>

<DELETED>    (a) Specification of Terms and Conditions.--A grazing 
permit or grazing lease shall specify terms and conditions as required 
by section 136.</DELETED>
<DELETED>    (b) Term.--A grazing permit or grazing lease shall be 
issued for a term of 15 years unless--</DELETED>
        <DELETED>    (1) the land is pending disposal;</DELETED>
        <DELETED>    (2) the land will be devoted to a public purpose 
        that precludes grazing prior to the end of 15 years; 
        or</DELETED>
        <DELETED>    (3) the Secretary determines that it would be in 
        the best interest of sound land management to specify a shorter 
        term, if the decision to specify a shorter term is supported by 
        appropriate and accepted resource analysis and 
        evaluation.</DELETED>
<DELETED>    (c) Renewal.--A permittee or lessee holding a grazing 
permit or grazing lease shall be given first priority at the end of the 
term for renewal of the grazing permit or grazing lease if--</DELETED>
        <DELETED>    (1) the land for which the grazing permit or 
        grazing lease is issued remains available for domestic 
        livestock grazing;</DELETED>
        <DELETED>    (2) the permittee or lessee is in compliance with 
        this title and the terms and conditions of the grazing permit 
        or grazing lease; and</DELETED>
        <DELETED>    (3) the permittee or lessee accepts the terms and 
        conditions included by the authorized officer in the new 
        grazing permit or grazing lease.</DELETED>

<DELETED>SEC. 133. FREE-USE GRAZING PERMITS.</DELETED>

<DELETED>    (a) In General.--A free-use grazing permit may be issued, 
consistent with the Act, cited in section 102, to an applicant--
</DELETED>
        <DELETED>    (1) whose residence is adjacent to Federal land 
        within a grazing district;</DELETED>
        <DELETED>    (2) who needs Federal land to support domestic 
        livestock owned by the applicant; and</DELETED>
        <DELETED>    (3) whose products or work related to livestock 
        grazing are used directly and exclusively by the applicant and 
        the applicant's family.</DELETED>
<DELETED>    (b) Conflicting Applications.--The issuance of a free-use 
grazing permit is subject to section 131(c).</DELETED>
<DELETED>    (c) Term.--A free-use grazing permit shall be issued for a 
term of 1 year.</DELETED>
<DELETED>    (d) No Transfer or Assignment.--A free-use grazing permit 
may not be transferred or assigned.</DELETED>

<DELETED>SEC. 134. OTHER GRAZING AUTHORIZATIONS.</DELETED>

<DELETED>    (a) Exchange-of-Use Grazing Agreements.--</DELETED>
        <DELETED>    (1) In general.--An exchange-of-use grazing 
        agreement may be issued to any applicant that owns or controls 
        land that is unfenced and intermingled with Federal land when 
        use under such an agreement would be in harmony with the 
        management objectives for the allotment.</DELETED>
        <DELETED>    (2) Extent of use.--An exchange-of-use grazing 
        agreement may authorize use of Federal land to the extent of 
        the livestock carrying capacity of the land offered in 
        exchange-of-use.</DELETED>
        <DELETED>    (3) No fee.--No fee shall be charged for grazing 
        use under an exchange-of-use agreement.</DELETED>
<DELETED>    (b) Nonrenewable Grazing Permits and Grazing Leases.--A 
nonrenewable grazing permit or grazing lease may be issued on an annual 
basis to a qualified applicant when forage is temporarily available if 
grazing use under the grazing permit or grazing lease--</DELETED>
        <DELETED>    (1) is consistent with multiple-use objectives; 
        and</DELETED>
        <DELETED>    (2) does not interfere with other livestock 
        operations on the Federal land concerned.</DELETED>
<DELETED>    (c) Crossing Permits.--An applicant showing the necessity 
for crossing Federal land or other land under control of the Secretary 
with livestock for proper and lawful purposes may be issued a crossing 
permit on such terms and conditions as the authorized officer considers 
necessary to achieve the objectives of this title.</DELETED>
<DELETED>    (d) Special Grazing Permits or Grazing Leases.--</DELETED>
        <DELETED>    (1) In general.--A special grazing permit or 
        grazing lease authorizing grazing use by privately owned or 
        controlled indigenous animals may be issued at the discretion 
        of the authorized officer, consistent with multiple-use 
        objectives.</DELETED>
        <DELETED>    (2) Term.--A special grazing permit or grazing 
        lease shall be issued for such a term as the authorized officer 
        considers to be appropriate, not to exceed 10 years.</DELETED>
<DELETED>    (e) No Priority; No Transfer or Assignment.--An exchange-
of-use grazing agreement, nonrenewable grazing permit or grazing lease, 
crossing permit, or special grazing permit or grazing lease shall have 
no priority for renewal and may not be transferred or 
assigned.</DELETED>

<DELETED>SEC. 135. OWNERSHIP AND IDENTIFICATION OF LIVESTOCK.</DELETED>

<DELETED>    (a) In General.--A permittee or lessee shall own or 
control and be responsible for the management of the livestock that 
graze the Federal land under a grazing permit or grazing 
lease.</DELETED>
<DELETED>    (b) Compliance With State Requirements.--An authorized 
user shall comply with the requirements of the State in which Federal 
land is located relating to branding, marking, or tagging of livestock, 
breed, grade, and number of bulls, health, and sanitation.</DELETED>
<DELETED>    (c) Marking or Tagging.--An authorized officer shall not 
impose any marking or tagging requirement in addition to the 
requirement under State law.</DELETED>
<DELETED>    (d) Filing of Control Agreement and Brand.--A permittee or 
lessee that controls but does not own the livestock that graze Federal 
land shall file with the authorized officer--</DELETED>
        <DELETED>    (1) the agreement that gives the permittee or 
        lessee control of the livestock; and</DELETED>
        <DELETED>    (2) the brand and other identifying marks on the 
        livestock.</DELETED>

<DELETED>SEC. 136. TERMS AND CONDITIONS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Specifications.--An authorized officer shall 
        specify in a grazing permit or grazing lease the kind and 
        number of livestock, the periods of use, the allotments to be 
        used, and the amount of use (stated in animal unit months) for 
        each grazing permit or grazing lease.</DELETED>
        <DELETED>    (2) Amount of use.--The amount of livestock 
        grazing use that is authorized in a grazing permit or grazing 
        lease shall not exceed the livestock carrying capacity of the 
        Federal land concerned, as determined through monitoring and 
        adjusted as necessary under section 114.</DELETED>
        <DELETED>    (3) Cancellation, suspension, or modification.--A 
        grazing permit or grazing lease shall be subject to 
        cancellation, suspension, or modification for any violation of 
        this title or of any term or condition of the grazing permit or 
        grazing lease.</DELETED>
<DELETED>    (b) No Special Terms and Conditions.--An authorized 
officer shall not impose any term or condition in a grazing permit or 
grazing lease other than a term or condition described in subsection 
(a).</DELETED>
<DELETED>    (c) Modification.--Following careful and considered 
consultation, cooperation, and coordination with permittees, lessees, 
and other affected interests, an authorized officer may modify the 
terms and conditions of a grazing permit or grazing lease if monitoring 
data show that the grazing use is not meeting the land use plan or 
management objectives.</DELETED>

<DELETED>SEC. 137. FEES AND CHARGES.</DELETED>

<DELETED>    (a) Grazing Fees.--</DELETED>
        <DELETED>    (1) Basic fee.--The basic fee for each animal unit 
        month in a grazing fee year shall be equal to the 3-year 
        average of the total gross value of production for livestock, 
        as determined by the National Agricultural Statistics Service 
        of the Department of Agriculture in accordance with paragraph 
        (2) on the basis of economic data published by the Service in 
        the June Agricultural Survey for the 3 years preceding the 
        grazing fee year, multiplied by .06 and divided by 
        12.</DELETED>
        <DELETED>    (2) Criteria.--</DELETED>
                <DELETED>    (A) In general.--The National Agricultural 
                Statistics Service of the Department of Agriculture 
                shall make a determination under paragraph (1) based on 
                the following information gathered from livestock 
                grazing operators, with respect to the largest single 
                grazing lease of each operator (in terms of 
                dollars):</DELETED>
                        <DELETED>    (i) Whether the operator charged--
                        </DELETED>
                                <DELETED>    (I) per acre;</DELETED>
                                <DELETED>    (II) per head per 
                                month;</DELETED>
                                <DELETED>    (III) per pound of 
                                gain;</DELETED>
                                <DELETED>    (IV) per hundredweight of 
                                gain; or</DELETED>
                                <DELETED>    (V) by another measure, 
                                and the rate charged.</DELETED>
                        <DELETED>    (ii)(I) The estimated average 
                        pounds gained per season for the grazing 
                        lease.</DELETED>
                        <DELETED>    (II) The total dollar amount 
                        estimated to be realized from the grazing 
                        lease.</DELETED>
                        <DELETED>    (III) Grazing lease 
                        acreage.</DELETED>
                        <DELETED>    (IV) The State and county where 
                        the grazing lease is located.</DELETED>
                        <DELETED>    (iii) The classes of livestock 
                        grazed.</DELETED>
                        <DELETED>    (iv) The term of the grazing 
                        lease.</DELETED>
                        <DELETED>    (v)(I) Whether grazing lease 
                        payments are paid if no grazing 
                        occurred.</DELETED>
                        <DELETED>    (II) Whether the grazing lease 
                        contains a take or pay provision.</DELETED>
                        <DELETED>    (vi) Whether responsibility for 
                        the grazing lease is ensured by daily livestock 
                        care, water supply, or other factors.</DELETED>
                <DELETED>    (B) Private native rangeland.--For the 
                purpose of determining rates for grazing leases of 
                private native rangeland, rates for irrigated pasture, 
                crop aftermath, and dryland winter wheat shall be 
                excluded.</DELETED>
        <DELETED>    (3) Surcharge.--</DELETED>
                <DELETED>    (A) In general.--A surcharge shall be 
                added to the grazing fee billings for authorized 
                grazing of livestock owned by a person other than a 
                permittee or lessee unless--</DELETED>
                        <DELETED>    (i) the grazing use is made by 
                        livestock owned by a spouse, son, daughter, 
                        grandson, or granddaughter of the permittee and 
                        lessee; or</DELETED>
                        <DELETED>    (ii) the operator is unable to 
                        make full grazing use, as authorized by a 
                        grazing permit or grazing lease, due to the age 
                        or death of the primary operator.</DELETED>
                <DELETED>    (B) Payment in advance.--A surcharge shall 
                be paid prior to grazing use.</DELETED>
                <DELETED>    (C) Livestock owned by others.--A 
                surcharge for authorized pasturing of livestock owned 
                by a person other than a permittee or lessee shall be 
                equal to 25 percent of the difference between the 
                current year's Federal grazing fee and the prior year's 
                private grazing land lease rate per year for the 
                appropriate State, as determined by the National 
                Agricultural Statistics Service in accordance with 
                paragraph (2).</DELETED>
        <DELETED>    (4) Payment.--</DELETED>
                <DELETED>    (A) Due date.--A grazing fee shall be due 
                on the due date specified in the billing 
                notice.</DELETED>
                <DELETED>    (B) Payment prior to use.--A grazing fee 
                shall be paid prior to grazing use.</DELETED>
                <DELETED>    (C) Billing after grazing season.--If an 
                allotment management plan provides for billing after 
                the grazing season, a grazing fee shall be based on 
                actual grazing use and shall be due upon 
                issuance.</DELETED>
        <DELETED>    (5) Refunds.--</DELETED>
                <DELETED>    (A) In general.--A grazing fee may be 
                refunded if an application for change in grazing use 
                and related refund is filed prior to the period of use 
                for which the refund is requested.</DELETED>
                <DELETED>    (B) Failure to make grazing use.--
                </DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in subparagraph (B), no refund shall 
                        be made for failure to make grazing 
                        use.</DELETED>
                        <DELETED>    (ii) Range depletion or disease.--
                        During a period of range depletion due to 
                        drought, fire, or other natural cause, or in 
                        case of a general spread of disease among the 
                        livestock that occurs during the term of a 
                        grazing permit or grazing lease, an authorized 
                        officer may credit or refund a grazing fee in 
                        whole or in part or postpone fee payment for as 
                        long as the emergency exists.</DELETED>
<DELETED>    (b) Other Fees and Charges.--</DELETED>
        <DELETED>    (1) Crossing permits, transfers, and billing 
        notices.--A service charge shall be assessed for each crossing 
        permit, transfer of grazing preference, and replacement or 
        supplemental billing notice except in a case in which the 
        action is initiated by the authorized officer.</DELETED>
        <DELETED>    (2) Amount of flpma fees and charges.--The fees 
        and charges under section 304(a) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1734(a)) shall reflect 
        processing costs and shall be adjusted periodically as costs 
        change.</DELETED>
        <DELETED>    (3) Notice of change.--Notice of a change in a 
        service charge shall be published in the Federal 
        Register.</DELETED>
<DELETED>    (c) Repeal and Supersedure.--</DELETED>
        <DELETED>    (1) Repeal.--Section 6(a) of the Public Rangelands 
        Improvement Act of 1978 (43 U.S.C. 1905) is repealed.</DELETED>
        <DELETED>    (2) Supersedure.--This section supersedes 
        Executive Order 12548 (43 U.S.C. 1905 note) effective March 1, 
        1996.</DELETED>
<DELETED>    (d) Application of Section.--This section applies to the 
management of livestock grazing on Federal land by the Secretary of 
Agriculture, acting through the Chief of the Forest Service, as well as 
to the Secretary.</DELETED>

<DELETED>SEC. 138. PLEDGE OF GRAZING PERMITS OR GRAZING LEASES AS 
              SECURITY FOR LOANS.</DELETED>

<DELETED>    (a) Renewal.--A grazing permit or grazing lease that has 
been pledged as security for a loan from a lending agency shall be 
renewed by the authorized officer for a period of not to exceed 15 
years if--</DELETED>
        <DELETED>    (1) the loan is for the purpose of furthering the 
        permittee's or lessee's livestock operation;</DELETED>
        <DELETED>    (2) the permittee or lessee has complied with this 
        title; and</DELETED>
        <DELETED>    (3) renewal would be in accordance with other 
        applicable laws.</DELETED>
<DELETED>    (b) Effect of Pledge.--The pledging of a grazing permit or 
grazing lease as security for a loan from a lending agency shall not 
exempt the grazing permit or grazing lease from this title.</DELETED>

         <DELETED>Subtitle E--Civil Violations and Failures of 
                          Compliance</DELETED>

<DELETED>SEC. 141. CIVIL VIOLATIONS AND FAILURES OF 
              COMPLIANCE.</DELETED>

<DELETED>    (a) Scope of Section.--</DELETED>
        <DELETED>    (1) In general.--This section states all of the 
        violations and failures of compliance that pertain specifically 
        to livestock grazing on Federal land that may result in 
        imposition of a sanction described in subsection (c) against a 
        person in the person's capacity as a permittee, lessee, or 
        applicant for a grazing permit or grazing lease.</DELETED>
        <DELETED>    (2) Other violations.--A permittee, lessee, or 
        applicant for a grazing permit or grazing lease that commits a 
        violation relating to Federal land under a law that applies to 
        all persons generally shall be subject to penalty under that 
        law.</DELETED>
<DELETED>    (b) In General.--A person that does 1 of the following 
shall be subject to a civil sanction under subsection (c):</DELETED>
        <DELETED>    (1) Fails to make substantial grazing use as 
        authorized by a grazing permit or grazing lease for 2 
        consecutive fee years.</DELETED>
        <DELETED>    (2) Places supplemental feed on land covered by a 
        grazing permit or grazing lease without 
        authorization.</DELETED>
        <DELETED>    (3) Fails to comply with a term, condition, or 
        stipulation of a range improvement cooperative agreement or 
        range improvement permit.</DELETED>
        <DELETED>    (4) Enters into an unauthorized 
        sublease.</DELETED>
        <DELETED>    (5) Allows livestock or another privately owned or 
        controlled animal to graze on or be driven across Federal 
        land--</DELETED>
                <DELETED>    (A) without a grazing permit, grazing 
                lease, or other grazing use authorization;</DELETED>
                <DELETED>    (B) in violation of a term or condition of 
                a grazing permit, grazing lease, or other grazing use 
                authorization, including a provision stating the number 
                of livestock covered by the authorization;</DELETED>
                <DELETED>    (C) in an area or at a time different from 
                that authorized; or</DELETED>
                <DELETED>    (D) if the livestock is not identified in 
                compliance with section 135.</DELETED>
        <DELETED>    (6) Installs, uses, modifies, or removes a range 
        improvement on Federal land without authorization.</DELETED>
        <DELETED>    (7) Damages or removes Federal Government property 
        from Federal land without authorization.</DELETED>
        <DELETED>    (8) Molests livestock authorized to graze on 
        Federal land.</DELETED>
        <DELETED>    (9) Interferes with a lawful grazing use or lawful 
        user.</DELETED>
        <DELETED>    (10) Knowingly or willfully makes a false 
        statement or representation in a base property certification, 
        grazing application, range improvement permit application, 
        cooperative agreement, or actual use report, or an amendment 
        thereto.</DELETED>
        <DELETED>    (11) Grazes livestock on Federal land not 
        substantially in compliance with State livestock requirements 
        relating to--</DELETED>
                <DELETED>    (A) branding, marking, or tagging of 
                livestock;</DELETED>
                <DELETED>    (B) breed, grade, or number of bulls; 
                or</DELETED>
                <DELETED>    (C) health or sanitation.</DELETED>
<DELETED>    (c) Penalties.--</DELETED>
        <DELETED>    (1) In general.--In a case of a violation or 
        failure of compliance described in subsection (b), an 
        authorized officer may--</DELETED>
                <DELETED>    (A) withhold issuance of a grazing permit 
                or grazing lease for a period of time;</DELETED>
                <DELETED>    (B) suspend the grazing use authorized 
                under a grazing permit or grazing lease for a period of 
                time, in whole or in part; or</DELETED>
                <DELETED>    (C) cancel a grazing permit or grazing 
                lease and grazing preference, or a free-use grazing 
                permit or other grazing authorization, in whole or in 
                part.</DELETED>
        <DELETED>    (2) Second or subsequent willful violation.--In a 
        case of a second or subsequent willful civil violation 
        described in subsection (a), an authorized officer shall--
        </DELETED>
                <DELETED>    (A) suspend the grazing use authorized 
                under a grazing permit for a period of time, in whole 
                or in part; or</DELETED>
                <DELETED>    (B) cancel a grazing permit or grazing 
                lease and grazing preference, in whole or in 
                part.</DELETED>
        <DELETED>    (3) Consideration of severity.--A determination of 
        the length of time that a grazing permit or grazing lease will 
        be withheld or suspended or that a grazing permit or grazing 
        lease will be canceled shall reflect the severity of the 
        violation or failure of compliance.</DELETED>
        <DELETED>    (4) Referral for action under subtitle f.--If a 
        person other than a permittee or lessee violates subsection 
        (a)(5), and the person has not made satisfactory settlement 
        under section 153, the authorized officer shall refer the 
        matter to proper authorities for appropriate legal action by 
        the United States against the violator under subtitle 
        F.</DELETED>
        <DELETED>    (5) Subleases.--</DELETED>
                <DELETED>    (A) In general.--A person who violates 
                subsection (b)(4) shall be required to pay to the 
                United States the dollar equivalent value, as 
                determined by the authorized officer, of all 
                compensation received for the sublease that is in 
                excess of the sum of the established grazing fee and 
                the cost incurred by the person for the installation 
                and maintenance of authorized range 
                improvements.</DELETED>
                <DELETED>    (B) Failure to pay.--If the dollar 
                equivalent value is not received by the authorized 
                officer within 30 days of receipt of a final decision, 
                the grazing permit or grazing lease shall be 
                canceled.</DELETED>
                <DELETED>    (C) Additional penalty.--Payment under 
                this paragraph shall be in addition to any other 
                penalties the authorized officer may impose under this 
                subsection.</DELETED>
        <DELETED>    (6) Failure to use.--After consultation, 
        cooperation, and coordination, the authorized officer may 
        cancel a grazing preference to the extent of failure to use 
        when a permittee or lessee has failed to make substantial 
        grazing use as authorized for 2 consecutive years.</DELETED>

        <DELETED>Subtitle F--Unauthorized Grazing Use</DELETED>

<DELETED>SEC. 151. LIABILITY FOR DAMAGES.</DELETED>

<DELETED>    (a) In General.--A person who commits a violation 
described in section 141(a)(5) shall be liable in damages to the United 
States for--</DELETED>
        <DELETED>    (1) the value of forage consumed by the livestock 
        of the person;</DELETED>
        <DELETED>    (2) injury to Federal property caused by 
        unauthorized grazing use; and</DELETED>
        <DELETED>    (3) expenses incurred in impoundment and sale of 
        the person's livestock.</DELETED>
<DELETED>    (b) No Liability.--In no circumstances shall a person be 
liable for damages to the United States for expenses incurred in 
impoundment or sale of the person's livestock if the person did not 
commit a violation of section 141(a)(5) or if the impoundment or sale 
was not conducted in accordance with State law.</DELETED>

<DELETED>SEC. 152. NOTICE AND ORDER TO REMOVE.</DELETED>

<DELETED>    (a) Known Owner.--</DELETED>
        <DELETED>    (1) Service.--When it appears that a violation 
        described in section 151 has occurred or is occurring and the 
        owner of the unauthorized livestock is known, an authorized 
        officer shall serve written notice of unauthorized use and an 
        order to remove livestock by a specified date on the owner (or 
        the owner's agent of record) by certified mail or personal 
        delivery.</DELETED>
        <DELETED>    (2) Opportunity to respond.--Written notice under 
        paragraph (1) shall allow a specified time from receipt of 
        notice for the livestock owner to--</DELETED>
                <DELETED>    (A) show that there has been no violation; 
                or</DELETED>
                <DELETED>    (B) make settlement under section 
                153.</DELETED>
<DELETED>    (b) Unknown Owner.--When it appears that a violation 
described in section 151 has occurred or is occurring and neither the 
owner or the unauthorized livestock nor an agent of the owner is known, 
an authorized officer may immediately proceed to impound the livestock 
under section 154.</DELETED>

<DELETED>SEC. 153. SETTLEMENT.</DELETED>

<DELETED>    (a) Determination of Willfulness.--An authorized officer 
shall determine whether a violation described in section 151 is a 
nonwillful, willful, or second or subsequent willful 
violation.</DELETED>
<DELETED>    (b) Second or Subsequent Willful Violations.--In the case 
of a second or subsequent willful violation, the authorized officer 
shall--</DELETED>
        <DELETED>    (1) suspend the grazing use authorized under a 
        grazing permit or grazing lease, in whole or in part; 
        or</DELETED>
        <DELETED>    (2) cancel a grazing permit or grazing lease and 
        grazing preference, or a free-use grazing permit or other 
        grazing authorization, in whole or in part.</DELETED>
<DELETED>    (c) Settlement Amount.--Except as provided in subsection 
(e), the settlement amount in the case of a violation described in 
section 151 shall include--</DELETED>
        <DELETED>    (1) the value of forage consumed as determined 
        under subsection (d);</DELETED>
        <DELETED>    (2) the full value for all damage to Federal land 
        and other property of the United States resulting from the 
        violation; and</DELETED>
        <DELETED>    (3) all reasonable expenses incurred by the United 
        States in detecting, investigating, and resolving the 
        violation, and livestock impoundment costs.</DELETED>
<DELETED>    (d) Value of Forage.--</DELETED>
        <DELETED>    (1) Nonwillful violation.--In the case of a 
        nonwillful violation, the value of forage consumed shall be the 
        product of--</DELETED>
                <DELETED>    (A) average monthly rate per animal unit 
                month for pasturing livestock on privately owned land 
                (excluding irrigated land) for the 16 western States as 
                published annually by the Department of Agriculture; 
                and</DELETED>
                <DELETED>    (B) the period of the violation.</DELETED>
        <DELETED>    (2) Willful violations.--In the case of a willful 
        violation, the value of forage consumed shall be twice the 
        value determined under paragraph (1).</DELETED>
        <DELETED>    (3) Second or subsequent willful violations.--In 
        the case of a second or subsequent willful violation, the value 
        of forage consumed shall be 3 times the value determined under 
        paragraph (1).</DELETED>
<DELETED>    (e) Nonmonetary Settlement.--An authorized officer may 
approve a nonmonetary settlement of a case of a violation described in 
section 151 if the authorized officer determines that each of the 
following conditions is satisfied:</DELETED>
        <DELETED>    (1) No fault.--Evidence shows that the 
        unauthorized use occurred through no fault of the livestock 
        operator.</DELETED>
        <DELETED>    (2) Insignificance.--The forage use is 
        insignificant.</DELETED>
        <DELETED>    (3) No damage.--Federal land has not been 
        damaged.</DELETED>
        <DELETED>    (4) Best interests.--Nonmonetary settlement is in 
        the best interests of the United States.</DELETED>
<DELETED>    (f) Effect of Settlement.--Payment of a settlement amount 
under this section shall not relieve the violator of any criminal 
liability under Federal or State law.</DELETED>
<DELETED>    (g) No Grazing Use.--A person who is found to have 
committed a violation described in section 151 shall not be authorized 
to make grazing use until any settlement amount found to be due under 
this section has been paid.</DELETED>
<DELETED>    (h) Other Sanctions.--An authorized officer may cancel or 
suspend a grazing authorization or deny approval of an application for 
grazing use until a settlement amount found to be due under this 
section has been paid.</DELETED>

<DELETED>SEC. 154. IMPOUNDMENT AND SALE.</DELETED>

<DELETED>    (a) In General.--Subject to section 152(b), unauthorized 
livestock remaining on Federal land after the date specified in a 
notice and order under section 152(a) may be impounded and sold by the 
authorized officer, acting in conjunction with the State Livestock 
Board.</DELETED>
<DELETED>    (b) Notice of Intent To Impound.--</DELETED>
        <DELETED>    (1) Known owner.--</DELETED>
                <DELETED>    (A) Service.--A written notice of intent 
                to impound shall be sent by certified mail or 
                personally delivered to the livestock owner (or the 
                owner's agent).</DELETED>
                <DELETED>    (B) Contents.--The written notice shall 
                state that unauthorized livestock on specified Federal 
                land may be impounded any time after 10 days following 
                delivery of the notice.</DELETED>
        <DELETED>    (2) Unknown owner.--</DELETED>
                <DELETED>    (A) Publication and posting.--If the 
                livestock owner and owner's agent are unknown, or if 
                both a known owner and the owner's agent refuse to 
                accept delivery of notice, a notice of intent to 
                impound shall be published in a local newspaper and 
                posted at the county courthouse and a post office near 
                the Federal land concerned.</DELETED>
                <DELETED>    (B) Contents.--The notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following publication 
                and posting of the notice.</DELETED>
<DELETED>    (c) Impoundment.--After 10 days following delivery or 
publication and posting of a notice under subsection (b), the notice 
shall become effective, and unauthorized livestock may be impounded 
without further notice any time with the 12-month period following the 
effective date of the notice.</DELETED>
<DELETED>    (d) Notice of Public Sale.--</DELETED>
        <DELETED>    (1) In general.--Following the impoundment of 
        livestock under this section, the livestock may be sold by the 
        authorized officer or, if a suitable agreement is in effect, 
        turned over to the State for sale, in accordance with 
        subsection (f).</DELETED>
        <DELETED>    (2) Notification.--Any known livestock owner (or 
        owner's agent) shall be notified in writing by certified mail 
        or by personal delivery of the sale and the procedure by which 
        the impounded livestock may be redeemed prior to the 
        sale.</DELETED>
<DELETED>    (e) Redemption.--An owner (or owner's agent) or lienholder 
of record of impounded livestock may redeem the livestock in accordance 
with State law, prior to the time of sale upon settlement with the 
United States under section 153 or adequate showing that there has been 
no violation.</DELETED>
<DELETED>    (f) Sale.--If livestock are not redeemed on or before the 
date and time fixed for sale, the livestock shall be offered at public 
sale to the highest bidder by the authorized officer under State law, 
or by the State.</DELETED>

                <DELETED>Subtitle G--Procedure</DELETED>

<DELETED>SEC. 161. PROPOSED DECISIONS.</DELETED>

<DELETED>    (a) Proposed Decisions on Grazing Permits or Grazing 
Leases.--</DELETED>
        <DELETED>    (1) Service on applicants, permittees, lessees, 
        and lienholders.--In the absence of a written agreement between 
        an authorized officer and any applicant, grazing permittee, 
        lessee, or lienholder, the authorized officer shall serve, by 
        certified mail or personal delivery, a proposed decision on any 
        applicant, permittee, lessee, or lienholder (or agent of record 
        of the applicant, permittee, lessee, or lienholder) that is 
        affected by--</DELETED>
                <DELETED>    (A) a proposed action on an application 
                for a grazing permit, grazing lease, or range 
                improvement permit; or</DELETED>
                <DELETED>    (B) a proposed action relating to a term 
                or condition of a grazing permit, grazing lease, or 
                range improvement permit.</DELETED>
        <DELETED>    (2) Contents.--A proposed decision described in 
        paragraph (1) shall--</DELETED>
                <DELETED>    (A) state reasons for the action, 
                including reference to pertinent provision of this 
                title or other applicable law (including regulations); 
                and</DELETED>
                <DELETED>    (B) state that any protest to the proposed 
                decision must be filed not later than 15 days after 
                service.</DELETED>
<DELETED>    (b) Proposed Decisions on Alleged Violations.--</DELETED>
        <DELETED>    (1) Service.--If the authorized officer determines 
        that a permittee or lessee appears to have violated any 
        provision of this title, the authorized officer shall serve a 
        proposed decision on the permittee or lessee (or permittee's or 
        lessee's agent) by certified mail or personal 
        delivery.</DELETED>
        <DELETED>    (2) Contents.--A proposed decision shall--
        </DELETED>
                <DELETED>    (A) state--</DELETED>
                        <DELETED>    (i) the alleged violation and 
                        refer to the specific provision of this title 
                        that is alleged to have been 
                        violated;</DELETED>
                        <DELETED>    (ii) the reasons for the proposed 
                        decision;</DELETED>
                        <DELETED>    (iii) the fee due under section 
                        137(a) or settlement amount due under section 
                        153; and</DELETED>
                        <DELETED>    (iv) any civil penalty to be 
                        imposed under section 141; and</DELETED>
                <DELETED>    (B) state that any protest to the proposed 
                decision must be filed not later than 15 days after 
                service.</DELETED>

<DELETED>SEC. 172. PROTESTS.</DELETED>

<DELETED>    An applicant, permittee, lessee, or other affected 
interest may protest a proposed decision under section 161 in person or 
in writing to the authorized officer within 15 days after service of 
the proposed decision.</DELETED>

<DELETED>SEC. 163. FINAL DECISIONS.</DELETED>

<DELETED>    (a) No Protest.--In the absence of a timely filed protest, 
a proposed decision shall become the final decision of the authorized 
officer without further notice.</DELETED>
<DELETED>    (b) Reconsideration.--If a protest is timely filed, the 
authorized officer shall reconsider the proposed decision in light of 
the protestant's statement of reasons for protest and in light of other 
information pertinent to the case.</DELETED>
<DELETED>    (c) Service.--After reviewing the protest, the authorized 
officer shall serve a final decision on the parties to the 
proceeding.</DELETED>

<DELETED>SEC. 164. APPEALS.</DELETED>

<DELETED>    (a) In General.--In the case of a final decision of an 
authorized officer with respect to which a protest under section 162 
was timely filed, a permittee, lessee, or affected interest may appeal 
the final decision for the purpose of a hearing before an 
administrative law judge by filing a notice of appeal in the office of 
the authorized officer within 30 days after the service of the final 
decision.</DELETED>
<DELETED>    (b) Suspension Pending Appeal.--</DELETED>
        <DELETED>    (1) In general.--An appeal of a final decision 
        shall suspend the effect of the decision pending final action 
        on the appeal unless the decision is made effective pending 
        appeal under paragraph (2).</DELETED>
        <DELETED>    (2) Effectiveness pending appeal.--</DELETED>
                <DELETED>    (A) In general.--A District Manager of the 
                Bureau of Land Management may order that a decision on 
                a grazing permit application shall remain in effect 
                during an appeal of the decision if it is determined 
                that imminent and irreversible damage to land resources 
                would be likely to result from delay of effectiveness 
                of the decision.</DELETED>
                <DELETED>    (B) Basis of order.--An order under 
                subparagraph (A) shall be made in accordance with--
                </DELETED>
                        <DELETED>    (i) state-of-the-art 
                        science;</DELETED>
                        <DELETED>    (ii) information and opinions 
                        offered by State land grant universities; 
                        and</DELETED>
                        <DELETED>    (iii) the preponderance of 
                        evidence gathered in the proceeding.</DELETED>
<DELETED>    (c) Expeditious Dismissal of Nonmeritorious Appeals.--The 
District Manager shall--</DELETED>
        <DELETED>    (1) examine each appeal as soon as practicable 
        after it is filed; and</DELETED>
        <DELETED>    (2) expeditiously dismiss an appeal that does not 
        raise a substantially meritorious issue.</DELETED>
<DELETED>    (d) Authority.--A final decision of an appeal shall be 
issued by a District Manager.</DELETED>

           <DELETED>Subtitle H--Advisory Committees</DELETED>

<DELETED>SEC. 171. PURPOSE.</DELETED>

<DELETED>    This subtitle contains standards and procedures for the 
establishment, operation, and termination of advisory committees to 
advise the Secretary on matters relating to grazing on Federal land and 
resources under the administrative jurisdiction of the Bureau of Land 
Management.</DELETED>

<DELETED>SEC. 172. OBJECTIVE.</DELETED>

<DELETED>    The objective of an advisory committee established under 
this subtitle is to provide to the Secretary expert recommendations of 
concerned, knowledgeable citizens and public officials regarding--
</DELETED>
        <DELETED>    (1) the formulation of operating guidelines; 
        and</DELETED>
        <DELETED>    (2) the preparation and execution of plans and 
        programs for the use and management of Federal land, the 
        natural and cultural resources on Federal land, and the 
        environment.</DELETED>

<DELETED>SEC. 173. RELATION TO OTHER LAW.</DELETED>

<DELETED>    Except to the extent that the following laws may be 
inconsistent with this subtitle, the following laws shall apply to an 
advisory committee established under this subtitle:</DELETED>
        <DELETED>    (1) The Federal Advisory Committee Act (5 U.S.C. 
        App.).</DELETED>
        <DELETED>    (2) The Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.).</DELETED>
        <DELETED>    (3) Section 2 of Reorganization Plan No. 3 of 1950 
        (5 U.S.C. App.).</DELETED>

<DELETED>SEC. 174. POLICY.</DELETED>

<DELETED>    (a) In General.--After consultation, cooperation, and 
coordination with State and local government officials, the Secretary 
shall establish advisory committees representative of major citizens' 
interests to advise the Secretary regarding policy formulation, program 
planning, decisionmaking, attainment of program objectives, and 
achievement of improved program coordination and economies in the 
management of Federal land and resources.</DELETED>
<DELETED>    (b) Optimal Employment.--The Secretary shall ensure that--
</DELETED>
        <DELETED>    (1) advisory committees are optimally utilized; 
        and</DELETED>
        <DELETED>    (2) the number of advisory committees is limited 
        to the number that is essential to the conduct of the public's 
        business.</DELETED>

<DELETED>SEC. 175. GENERAL PROVISIONS.</DELETED>

<DELETED>    (a) Charters.--</DELETED>
        <DELETED>    (1) In general.--For each advisory committee 
        established by the Secretary, the Secretary shall--</DELETED>
                <DELETED>    (A) prepare a charter describing the 
                advisory committee's structure and functions; 
                and</DELETED>
                <DELETED>    (B) file the charter with the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Resources of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Amendment.--Except for the correction of 
        errors and other minor changes, a charter filed under paragraph 
        (1) shall not be amended without authorization by an Act of 
        Congress.</DELETED>
<DELETED>    (b) Calls for Nominations.--Candidates for appointment to 
an advisory committee shall be sought through public calls for 
nominations made through publication in the Federal Register and 
through media releases and systematic contacts with State and local 
government officials and individuals and organizations interested in 
the use and management of Federal land and resources.</DELETED>
<DELETED>    (c) Composition.--</DELETED>
        <DELETED>    (1) Structure.--An advisory committee shall be 
        structured--</DELETED>
                <DELETED>    (A) to provide fair membership balance 
                (geographic and interest-specific) in terms 
                of</DELETED>
                 the functions to be performed and points of view to be 
represented, as prescribed by the advisory committee's charter; 
and</DELETED>
                <DELETED>    (B) to provide representative advice about 
                Federal land and resource planning, retention, 
                management, and disposal.</DELETED>
        <DELETED>    (2) No discrimination.--No person shall be denied 
        an opportunity to serve on an advisory committee because of 
        race, age, sex, religion, or national origin.</DELETED>
        <DELETED>    (3) Qualifications.--A person shall be qualified 
        to serve on an advisory committee if--</DELETED>
                <DELETED>    (A) the person's education, training, or 
                experience enables the person to give informed and 
                objective advice regarding an industry, discipline, or 
                interest specified in the committee's 
                charter;</DELETED>
                <DELETED>    (B) the person has demonstrated experience 
                or knowledge of the geographical area under the purview 
                of the advisory committee; and</DELETED>
                <DELETED>    (C) the person has demonstrated a 
                commitment to seeking consensus solutions to resource 
                management issues.</DELETED>
<DELETED>    (d) Avoidance of Conflicts of Interest.--</DELETED>
        <DELETED>    (1) Participation in deliberations.--An advisory 
        committee member shall not participate in deliberations or vote 
        on any matter if the decision of the matter would, on its face 
        or as applied, affect only an interest held by that member and 
        not the interests of permittees, lessees, or other affected 
        interests generally.</DELETED>
        <DELETED>    (2) Disclosure of interests.--</DELETED>
                <DELETED>    (A) In general.--Each member of an 
                advisory committee shall be required to disclose the 
                member's direct or indirect interest in grazing leases, 
                licenses, permits, contracts, or claims and related 
                litigation that involve lands or resources administered 
                by the Secretary.</DELETED>
                <DELETED>    (B) Definition.--In this paragraph, the 
                term ``indirect interest'' includes holdings of a 
                spouse or dependent children of a member.</DELETED>
<DELETED>    (e) Termination of Service.--The Secretary may, after 
written notice, terminate the service of a member of an advisory 
committee if--</DELETED>
        <DELETED>    (1) the member--</DELETED>
                <DELETED>    (A) no longer meets the requirements under 
                which elected or appointed;</DELETED>
                <DELETED>    (B) fails or is unable to participate 
                regularly in committee work; or</DELETED>
                <DELETED>    (C) has violated Federal law (including a 
                regulation); or</DELETED>
        <DELETED>    (2) in the judgment of the Secretary, termination 
        is in the public interest.</DELETED>
<DELETED>    (f) Compensation and Reimbursement of Expenses.--A member 
of an advisory committee shall not receive any compensation or 
reimbursement of expenses in connection with the performance of the 
member's duties as a member of the advisory committee.</DELETED>

<DELETED>SEC. 176. RESOURCE ADVISORY COUNCILS.</DELETED>

<DELETED>    (a) Resource Advisory Council for Each Grazing District.--
The Secretary, after consultation, cooperation, and coordination with 
the State and affected counties, shall appoint not fewer than 9 nor 
more than 15 persons to serve on a resource advisory council for each 
grazing district.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Representation of interests.--The members of a 
        resource advisory council shall be selected from among persons 
        that represent historical use, multiple uses, affected 
        landowners, county social and economic interests, elected State 
        and county officers, and the public at large.</DELETED>
        <DELETED>    (2) Permittees and lessees.--Permittees and 
        lessees may be appointed to serve on a resource advisory 
        council.</DELETED>
        <DELETED>    (3) Residency.--Members of a resource advisory 
        council shall be residents of the State in which the grazing 
        district is situated.</DELETED>
        <DELETED>    (4) Terms.--</DELETED>
                <DELETED>    (A) In general.--A member of a resource 
                advisory council shall serve a 3-year term, except that 
                as nearly as possible one-third of the initial members 
                shall be appointed for a 1-year term and one-third of 
                the initial members shall be appointed for a 2-year 
                term.</DELETED>
                <DELETED>    (B) Members ex officio.--On the departure 
                from elective office of a member of a resource advisory 
                council who was appointed on the basis of the member's 
                status as an elected official of general purpose 
                government serving the people of the grazing district 
                for which the resource advisory council is established 
                prior to the end of the member's term, the newly 
                elected official shall serve the remainder of the 
                member's term.</DELETED>
                <DELETED>    (C) Vacancies.--A vacancy occurring by 
                reason of removal, resignation, or death of a</DELETED>
                 member of a resource advisory council shall be filled 
for the balance of the member's term using the same method by which the 
member was appointed.</DELETED>
                <DELETED>    (D) Reappointment.--</DELETED>
                        <DELETED>    (i) Second consecutive term.--A 
                        member of a resource advisory council who has 
                        served a 3-year term on a resource advisory 
                        council may be reappointed to a second 
                        consecutive 3-year term.</DELETED>
                        <DELETED>    (ii) Subsequent term.--A member of 
                        a resource advisory council who has served 2 
                        consecutive 3-year terms may be subsequently 
                        reappointed no earlier than 3 years after the 
                        member's last date of membership on that 
                        resource advisory council, except that the 
                        Secretary may reappoint the member to a 1-year 
                        term if the Secretary determines that the 
                        member's continued or renewed service on the 
                        resource advisory council is in the public 
                        interest and is critical to the effective 
                        functioning of the resource advisory 
                        council.</DELETED>
                <DELETED>    (E) Date of appointment.--For the purpose 
                of eligibility for reappointment under subparagraph (C) 
                or (D), an appointment shall be considered to be made 
                on January 1 of the first year of the term to which a 
                member is appointed regardless of the date on which the 
                appointment is actually made.</DELETED>
<DELETED>    (c) Responsibilities.--</DELETED>
        <DELETED>    (1) In general.--A resource advisory council shall 
        have the responsibility of advising the Secretary and 
        appropriate State officials on major management decisions while 
        working within the broad management goals established for the 
        grazing district.</DELETED>
        <DELETED>    (2) Land use plans.--A resource advisory council 
        shall advise the Secretary regarding the preparation, 
        amendment, and implementation of land use plans for Federal 
        land and resources within the grazing district.</DELETED>
        <DELETED>    (3) Allocation and expenditure of funds.--Except 
        for the purposes of long-range planning and the establishment 
        of resource management priorities, a resource advisory council 
        shall not provide the Secretary advice regarding--</DELETED>
                <DELETED>    (A) the allocation or expenditure of 
                funds; or</DELETED>
                <DELETED>    (B) personnel actions.</DELETED>
<DELETED>    (d) Disregard of Advice.--</DELETED>
        <DELETED>    (1) Request for response.--If a resource advisory 
        council becomes concerned that its advice is being arbitrarily 
        disregarded, the resource advisory council may, by unanimous 
        vote of its members, request that the Secretary respond 
        directly to the resource advisory council's concerns within 60 
        days after the Secretary receives the request.</DELETED>
        <DELETED>    (2) Effect of response.--The response of the 
        Secretary to a request under paragraph (1) shall not--
        </DELETED>
                <DELETED>    (A) constitute a decision on the merits of 
                any issue that is or might become the subject of an 
                administrative appeal; or</DELETED>
                <DELETED>    (B) be subject to appeal.</DELETED>
<DELETED>    (e) Administrative Support.--Administrative support for a 
resource advisory council shall be provided by the office of the 
authorized officer.</DELETED>

<DELETED>SEC. 177. GRAZING ADVISORY COUNCILS.</DELETED>

<DELETED>    (a) Grazing Advisory Council for Each Grazing District.--
The Secretary, in consultation with the State and affected counties, 
shall appoint not fewer than 5 nor more than 9 persons to serve on a 
grazing advisory council for each grazing district.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Representation of interests.--The members of a 
        grazing advisory council shall be selected from among persons 
        that represent permittees, lessees, affected landowners, county 
        social and economic interests, and elected State and county 
        officers.</DELETED>
        <DELETED>    (2) Permittees and lessees.--Permittees and 
        lessees shall constitute the majority of the membership of a 
        grazing advisory council.</DELETED>
        <DELETED>    (3) Residency.--Members of a grazing advisory 
        council shall be residents of a community within or adjacent to 
        the grazing district.</DELETED>
        <DELETED>    (4) Terms.--An appointment to a grazing advisory 
        council shall be for a 2-year term.</DELETED>
        <DELETED>    (5) Reappointment.--A member of a grazing advisory 
        council may be appointed to additional terms.</DELETED>
<DELETED>    (c) Responsibilities.--A grazing advisory council shall 
set range improvement objectives, advise on the expenditure of range 
improvement funds under the Public Rangelands Improvement Act of 1978 
(43 U.S.C. 1901 et seq.), advise on grazing management programs and 
implementation, and address range management decisions and actions at 
the allotment management plan level or permit management plan 
level.</DELETED>
<DELETED>    (d) Disregard of Advice.--</DELETED>
        <DELETED>    (1) Request for response.--If a grazing advisory 
        council becomes concerned that its advice is being arbitrarily 
        disregarded, the grazing advisory council may, by unanimous 
        vote of its members, request that the Secretary respond 
        directly to the grazing advisory council's concerns within 60 
        days after the Secretary receives the request.</DELETED>
        <DELETED>    (2) Effect of response.--The response of the 
        Secretary to a request under paragraph (1) shall not--
        </DELETED>
                <DELETED>    (A) constitute a decision on the merits of 
                any issue that is or might become the subject of an 
                administrative appeal; or</DELETED>
                <DELETED>    (B) be subject to appeal.</DELETED>

<DELETED>SEC. 178. MEETINGS.</DELETED>

<DELETED>    (a) In General.--All meetings of an advisory committee and 
associated field examinations shall be open to the public and news 
media.</DELETED>
<DELETED>    (b) Notice of Meetings.--</DELETED>
        <DELETED>    (1) In general.--A notice of a meeting of an 
        advisory committee shall be published in the Federal Register 
        and distributed to the news media at least 30 days in advance 
        of the meeting.</DELETED>
        <DELETED>    (2) Urgent matters.--If an urgent matter arises, a 
        notice of a meeting of an advisory committee shall be published 
        in the Federal Register and distributed to the news media at 
        least 15 days in advance of the meeting.</DELETED>
        <DELETED>    (3) Contents.--A notice of a meeting of an 
        advisory committee shall state the date, time, and place of the 
        meeting and describe the topics or issues to be discussed at 
        the meeting.</DELETED>
<DELETED>    (c) Appearances.--Any person may appear before or file a 
statement with an advisory committee regarding matters on the meeting 
agenda.</DELETED>
<DELETED>    (d) Scheduling.--The scheduling of meetings of an advisory 
committee and the preparation of agenda shall be done in a manner that 
encourages and facilitates public attendance and 
participation.</DELETED>
<DELETED>    (e) Extension of Time.--The amount of time scheduled for a 
meeting of an advisory committee may be extended if an authorized 
officer considers it necessary to accommodate all who seek to be heard 
regarding matters on the agenda.</DELETED>
<DELETED>    (f) Authority To Schedule.--An advisory committee shall 
meet only at the call of the Secretary or of an authorized 
officer.</DELETED>
<DELETED>    (g) Attendance by Authorized Officer.--No meeting of an 
advisory committee shall be held in the absence of an authorized 
officer or designee of an authorized officer.</DELETED>
<DELETED>    (h) Agenda.--A meeting of an advisory committee shall be 
conducted with close adherence to the agenda approved in advance by an 
authorized officer.</DELETED>
<DELETED>    (i) Adjournment.--An authorized officer may adjourn a 
meeting of an advisory committee at any time if--</DELETED>
        <DELETED>    (1) continuance would be inconsistent with the 
        purpose for which the meeting was called or with the rules 
        established for the conduct of the advisory committee; 
        or</DELETED>
        <DELETED>    (2) adjournment is determined to be in the public 
        interest.</DELETED>
<DELETED>    (j) Records.--</DELETED>
        <DELETED>    (1) In general.--Detailed records shall be kept of 
        each meeting of an advisory committee.</DELETED>
        <DELETED>    (2) Requirements.--The records of a meeting of an 
        advisory committee shall include, at a minimum--</DELETED>
                <DELETED>    (A) the time and place of the 
                meeting;</DELETED>
                <DELETED>    (B) copies of the Federal Register and 
                other public notices announcing the meeting;</DELETED>
                <DELETED>    (C) a list of members of the advisory 
                committee and of Federal employees (in the capacity of 
                Federal employee) present;</DELETED>
                <DELETED>    (D) a list of members of the public 
                present, and a description of the interest represented 
                by each member;</DELETED>
                <DELETED>    (E) the meeting agenda;</DELETED>
                <DELETED>    (F) a complete summary description of 
                matters discussed and conclusions reached;</DELETED>
                <DELETED>    (G) a list of recommendations made by the 
                advisory committee;</DELETED>
                <DELETED>    (H) copies of all reports received, 
                issued, or approved by the advisory committee; 
                and</DELETED>
                <DELETED>    (I) a description of the nature of public 
                participation.</DELETED>
        <DELETED>    (3) Certification by chairperson.--The Chairperson 
        of an advisory committee shall certify the accuracy of the 
        records of the advisory committee.</DELETED>
        <DELETED>    (4) Availability for inspection and copying.--All 
        records, reports, transcripts, minutes, recommendations, 
        studies, working papers, and other documents prepared by or 
        submitted to an advisory committee shall be available for 
        public inspection</DELETED>
         and copying in the Federal office responsible for support of 
the advisory committee.</DELETED>
<DELETED>    (k) Subcommittees.--Each of the requirements of this 
section that applies to an advisory committee applies to any 
subcommittee of an advisory committee.</DELETED>

<DELETED>SEC. 179. CONFORMING AMENDMENT AND REPEAL.</DELETED>

<DELETED>    (a) Amendment.--The third sentence of section 402(d) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)) 
is amended by striking ``district grazing advisory boards established 
pursuant to section 403 of the Federal Land Policy and Management Act 
(43 U.S.C. 1753)'' and inserting ``grazing advisory councils 
established under section 177 of the Livestock Grazing Act''.</DELETED>
<DELETED>    (b) Repeal.--Section 403 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1753) is repealed.</DELETED>

                 <DELETED>Subtitle I--Reports</DELETED>

<DELETED>SEC. 181. REPORTS.</DELETED>

<DELETED>    (a) In General.--Not later than March 1, 1997, and 
annually thereafter, the Secretary shall submit to Congress a report 
that contains--</DELETED>
        <DELETED>    (1) an itemization of revenues received and costs 
        incurred directly in connection with the management of grazing 
        on Federal land; and</DELETED>
        <DELETED>    (2) recommendations for reducing administrative 
        costs and improving the overall efficiency of Federal rangeland 
        management.</DELETED>
<DELETED>    (b) Itemization.--If the itemization of costs under 
subsection (a)(1) includes any costs incurred in connection with the 
implementation of any law other than a statute cited in section 102, 
the Secretary shall indicate with specificity the costs associated with 
implementation of each such statute.</DELETED>
<DELETED>    (c) Suspension of Implementation of Other Law in Absence 
of Report.--During any period in which a report due to be submitted 
under subsection (a) has not been submitted in accordance with the 
requirements of this section, the Secretary shall conduct livestock 
grazing management on Federal land without regard to any law other than 
a statute cited in section 102.</DELETED>

                 <DELETED>TITLE II--GRASSLAND</DELETED>

<DELETED>SEC. 201. REMOVAL OF GRASSLANDS FROM NATIONAL FOREST 
              SYSTEM.</DELETED>

<DELETED>    (a) Findings.--Congress finds that the inclusion of the 
National Grasslands (and land utilization projects administered under 
title III of the Bankhead-Jones Farm Tenant Act) within the National 
Forest System constrains the Secretary of Agriculture in managing the 
National Grasslands as intended under title III of the Bankhead-Jones 
Farm Tenant Act (7 U.S.C. 1010 et seq.).</DELETED>
<DELETED>    (b) Amendment of the Forest and Rangeland Renewable 
Resources Planning Act of 1974.--Section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) 
is amended in the second sentence by striking ``the national grasslands 
and land utilization projects administered under title III of the 
Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010-
1012),''.</DELETED>
<DELETED>    (c) Amendment of the Bankhead-Jones Farm Tenant Act.--
Section 31 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is 
amended by adding the following:</DELETED>

<DELETED>``SEC. 31. LAND CONSERVATION AND LAND UTILIZATION.</DELETED>

<DELETED>    ``(a) Program.</DELETED>
        <DELETED>    ``(1) In general.--To accomplish the purposes of 
        the Livestock Grazing Act, the Secretary shall develop a 
        program of land conservation and utilization as a basis for 
        grassland agriculture, to promote secure occupancy and economic 
        stability of farms, and thus assist in controlling soil 
        erosion, preserving natural resources, protecting fish and 
        wildlife, developing and protecting recreational facilities, 
        mitigating flood damage, preventing impairment of dams and 
        reservoirs, developing energy resources, protecting the 
        watersheds of navigable streams, conserving surface and 
        subsurface moisture, and protecting public land, health, safety 
        and welfare.</DELETED>
        <DELETED>    ``(2) Limitation.--In carrying out paragraph (1), 
        the Secretary shall not build an industrial park or establish a 
        private industrial or commercial enterprise.</DELETED>
<DELETED>    ``(b) Livestock Grazing Leases.--The Secretary, in 
cooperation and coordination with grazing associations, shall issue 
renewable livestock grazing leases to achieve the land conservation and 
utilization goals of this section.''.</DELETED>
<DELETED>    (d) Conservation Programs.--In managing livestock grazing 
on National Grasslands under title I, the Secretary of the Interior may 
continue to establish and implement conservation programs authorized by 
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et 
seq.)</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Public 
Rangelands Management Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.

             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND

                     Subtitle A--General Provisions

Sec. 101. Findings.
Sec. 102. Application of title.
Sec. 103. Objective.
Sec. 104. Definitions.
Sec. 105. Fundamentals of rangeland health.
Sec. 106. Land use plans.
Sec. 107. Rule of construction.

           Subtitle B--Qualifications and Grazing Preferences

Sec. 111 Mandatory qualifications.
Sec. 112. Acquired land.
Sec. 113. Grazing preferences.
Sec. 114. Changes in grazing preference status.
Sec. 115. Changes in Federal land acreage.

                     Subtitle C--Grazing Management

Sec. 121. Allotment management plans.
Sec. 122. Range improvements.
Sec. 123. Water rights.
Sec. 124. Management of grazing on land under the jurisdiction of other 
                            departments and agencies.

                Subtitle D--Authorization of Grazing Use

Sec. 131. Applications.
Sec. 132. Grazing permits or grazing leases.
Sec. 133. Free-use grazing permits.
Sec. 134. Other grazing authorizations.
Sec. 135. Ownership and identification of livestock.
Sec. 136. Terms and conditions.
Sec. 137. Fees and charges.
Sec. 138. Pledge of grazing permits or grazing leases as security for 
                            loans.

        Subtitle E--Civil Violations and Failures of Compliance

Sec. 141. Civil violations and failures of compliance.

                  Subtitle F--Unauthorized Grazing Use

Sec. 151. Liability for damages.
Sec. 152. Notice and order to remove.
Sec. 153. Settlement.
Sec. 154. Impoundment and sale.

                         Subtitle G--Procedure

Sec. 161. Proposed decisions.
Sec. 162. Protests.
Sec. 163. Final decisions.
Sec. 164. Appeals.

                    Subtitle H--Advisory Committees

Sec. 171. Purpose.
Sec. 172. Objective.
Sec. 173. Relation to other law.
Sec. 174. Policy.
Sec. 175. General provisions.
Sec. 176. Resource advisory councils.
Sec. 177. Grazing advisory boards.
Sec. 178. Meetings.
Sec. 179. Conforming amendment and repeal.

                          Subtitle I--Reports

Sec. 181. Reports.

                          TITLE II--GRASSLAND

Sec. 201. Removal of grasslands from National Forest System.
SEC. 2. EFFECTIVE DATE.

    (a) In General.--This title and the amendments and repeals made by 
this Act shall become effective on March 1, 1996.
    (b) Interim Provision.--Until the effective date specified in 
subsection (a), management of livestock grazing on Federal land shall 
be conducted in accordance with the law (including regulations) in 
effect on May 18, 1995.

             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND
                     Subtitle A--General Provisions

SEC. 101. FINDINGS.

    (a) Findings.--Congress finds that--
            (1) through the cooperative and concerted efforts of the 
        Federal rangeland livestock industry, Federal and State land 
        management agencies, and the general public, the Federal 
        rangelands are in the best condition they have been in during 
        this century, and their condition continues to improve;
            (2) as a further consequence of those efforts, populations 
        of big game and wildlife are increasing and stabilizing across 
        vast areas of the West;
            (3) further efforts to assist in developing and nurturing 
        that cooperation at all levels of government are important, and 
        those efforts will provide long-term benefits to the Nation's 
        rangeland and their related resources;
            (4) grazing preferences must continue to be adequately 
        safeguarded in order to promote the economic stability of the 
        western livestock industry;
            (5) to promote the economic, cultural, and social well 
        being of western States, rural communities in the western 
        States, and the western livestock industry, it is in the public 
        interest to charge a fee for livestock grazing permits and 
        grazing leases on Federal land that is based on a formula 
        that--
                    (A) reflects a fair return to the Federal 
                Government and the true costs to the permittee or 
                lessee; and
                    (B) promotes continuing cooperative stewardship 
                efforts;
            (6) opportunities exist for improving efficiency in the 
        administration of the range programs on Federal land, and those 
        opportunities should be pursued with goals of--
                    (A) reducing planning and analysis costs and their 
                associated paperwork, procedural, and clerical burdens; 
                and
                    (B) refocusing efforts to the direct management of 
                the resources themselves;
            (7) in order to provide meaningful review and oversight of 
        the management of the public rangelands and the grazing 
        allotment on those rangelands, refinement of the reporting of 
        costs of various components of the land management program is 
        needed;
            (8) incentives for greater local input into the management 
        of the public rangelands as well as incentives to encourage 
        private investment in improvement of the public rangelands will 
        assist in those efforts and are in the best interests of the 
        United States;
            (9) the western livestock industry that relies on Federal 
        land plays an important and integral role in maintaining and 
        preserving the social, economic, and cultural base of rural 
        communities in the western States and further plays an 
        important and integral role in the economies of the 16 western 
        States in which rangelands managed by the Secretary of the 
        Interior and the Secretary of Agriculture are situated;
            (10) maintaining the economic viability of the western 
        livestock industry is essential to maintaining open space and 
        habitat for big game, wildlife, and fish, but currently there 
        are pressures to sell the base property of the Federal land 
        ranches for subdivision or other development, which would 
        reduce or remove the available open space and fish and wildlife 
        habitat;
            (11) since the enactment of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.) and the 
        amendment of section 6 of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1604) by the National 
        Forest Management Act of 1976 (16 U.S.C. 472a et seq.), the 
        Secretary of the Interior and the Secretary of Agriculture have 
        been charged with developing land use plans that are consistent 
        with land use plans adopted by State, local, and tribal 
        governments, but to date the planning efforts have not produced 
        land use plans for Federal land that are in fact consistent 
        with State, local, or tribal planning;
            (12) the levels of livestock grazing that were authorized 
        to be permitted as of August 1, 1993 are consistent with this 
        title and may be increased or decreased, as appropriate, 
        consistent with this title;
            (13) it is a goal of this title to maintain and improve the 
        condition of riparian areas which are critical to wildlife 
        habitat and water quality; and
            (14) multiple use, as set forth in current law, has been 
        and continues to be a guiding principle in the management of 
        public lands and national forests.
    (b) Repeal of Earlier Findings.--Section 2(a) of the Public 
Rangelands Improvement Act of 1978 (43 U.S.C. 1901(a)) is amended--
            (1) by striking paragraphs (1), (2), (3), and (4);
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (1) and (2), respectively;
            (3) in paragraph (1) (as so redesignated), by adding 
        ``and'' at the end; and
            (4) in paragraph (2) (as so redesignated)--
                    (A) by striking ``harrassment'' and inserting 
                ``harassment''; and
                    (B) by striking the semicolon at the end and 
                inserting a period.

SEC. 102. APPLICATION OF ACT.

    This title applies to--
            (1) the management of grazing on Federal land by the 
        Secretary of the Interior under--
                    (A) the Act of June 28, 1934 (commonly known as the 
                ``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 
                U.S.C. 315 et seq.);
                    (B) the Act of August 28, 1937 (commonly known as 
                the ``Oregon and California Railroad and Coos Bay Wagon 
                Road Grant Lands Act of 1937'') (50 Stat. 874, chapter 
                876; 43 U.S.C. 1181 et seq.);
                    (C) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
            (2) the management of grazing on Federal land by the 
        Secretary of Agriculture under--
                    (A) the 12th undesignated paragraph under the 
                heading ``surveying the public lands.'' under the 
                heading ``under the department of the interior.'' in 
                the first section of the Act of June 4, 1897 (commonly 
                known as the ``Organic Administration Act of 1897'') 
                (30 Stat. 11, 35, chapter 2; 16 U.S.C. 551);
                    (B) the Multiple-Use Sustained Yield Act of 1960 
                (16 U.S.C. 528 et seq.);
                    (C) the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1600 et seq.);
                    (D) the National Forest Management Act of 1976 (16 
                U.S.C. 472a et seq.);
                    (E) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (F) the Public Rangelands Improvement Act of 1978 
                (43 U.S.C. 1901 et seq.);
            (3) management of grazing by the Secretary on behalf of the 
        head of another department or agency under a memorandum of 
        understanding under section 125.
Nothing in this title authorizes grazing in any unit of the National 
Park System, National Wildlife Refuge System, or on any other Federal 
lands where such use is prohibited by statute, nor supersedes or amends 
any limitation on the levels of use for grazing that may be specified 
in other Federal law, nor expands or enlarges any such prohibition or 
limitation.

SEC. 103. OBJECTIVE.

    The objective of this title is to achieve--
            (1) orderly use, improvement, and development of Federal 
        land;
            (2) enhancement of productivity of Federal land by 
        conservation of forage resources and reduction of soil erosion 
        and by proper management of other resources such as by control 
        of woody species invasion;
            (3) stabilization of livestock industry dependent on the 
        public rangeland;
            (4) performance of an inventory and categorization of 
        public rangelands on the basis of proven scientific monitoring 
        of range conditions and trends;
            (5) consideration of wildlife populations and habitat, 
        consistent with land-use plans, multiple-use, sustained yield, 
        environmental values, and economic and other objectives stated 
        in the Acts cited in section 102; and
            (6) promotion of healthy, sustained rangeland.

SEC. 104. DEFINITIONS.

    (a) In General.--In this title:
            (1) Active use.--The term ``active use'' means the amount 
        of authorized livestock grazing use made at any time.
            (2) Actual use.--The term ``actual use'' means the number 
        of kinds of classes of, and the length of time that livestock 
        graze on, an allotment.
            (3) Actual use report.--The term ``actual use report'' 
        means a report of the actual use submitted by a permittee or 
        lessee.
            (4) Allotment.--The term ``allotment'' means an area of 
        designated Federal land that includes management for grazing of 
        livestock.
            (5) Allotment management plan.--The term ``allotment 
        management plan''--
                    (A) means a documented program that applies to 
                livestock grazing on an allotment; and
                    (B) includes such a documented plan that is 
                included in an activity plan that governs grazing as 
                well as other activities on Federal land.
            (6) Authorized officer.--The term ``authorized officer'' 
        means a person authorized by the Secretary to administer this 
        title, the Acts cited in section 102, and regulations issued 
        under this title and those Acts.
            (7) Base property.--The term ``base property'' means--
                    (A) private land that has the capability of 
                producing crops or forage that can be used to support 
                authorized livestock for a specified period of the 
                year; or
                    (B) water that is suitable for consumption by 
                livestock and is available to and accessible by 
                authorized livestock when the land is used for 
                livestock grazing.
            (8) Cancel; cancellation.--The term ``cancel'' and 
        ``cancellation'' refer to a permanent termination, in whole or 
        in part, of--
                    (A) a grazing permit or grazing lease and grazing 
                preference; or
                    (B) a free-use grazing permit or other grazing 
                authorization.
            (9) Class..--The term ``class'', in reference to livestock, 
        refers to the age and sex of a group of livestock.
            (10) Consultation, cooperation, and coordination..--The 
        term ``Consultation, cooperation, and coordination'' means, for 
        the purposes of this title and section 402(d) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)), 
        engagement in good faith efforts to reach consensus.
            (11) Control.--The term ``control'', in reference to base 
        property or livestock, means responsibility for providing care 
        and management of base property or livestock.
            (12) Federal land.--The term ``Federal land''--
                    (A) means land outside the State of Alaska that is 
                owned by the United States and administered by--
                            (i) the Secretary of the Interior, acting 
                        through the Director of the Bureau of Land 
                        Management; or
                            (ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service; but
                    (B) does not include land held in trust for the 
                benefit of Indians.
            (13) Grazing district.--The term ``grazing district''--
                    (A) with respect to land administered by the 
                Secretary of the Interior, means the specific area 
                within which Federal land is administered under section 
                3 of the Act of June 28, 1934 (commonly known as the 
                ``Taylor Grazing Act'') (48 Stat. 1270, chapter 865; 43 
                U.S.C. 315b), including lands outside grazing districts 
                but eligible for grazing pursuant to section 15 of such 
                Act; and
                    (B) with respect to grazing on Federal land 
                administered by the Secretary of Agriculture, means a 
                national forest.
            (14) Grazing fee year.--The term ``grazing fee year'', for 
        billing purposes, means a 12-month period that begins on March 
        1 of a year and ends on the last day of February of the 
        following year.
            (15) Grazing lease.--The term ``grazing lease'' means a 
        document authorizing use of Federal land outside grazing 
        districts under section 15 of the Act of June 28, 1934 
        (commonly known as the ``Taylor Grazing Act'') (48 Stat. 1275, 
        chapter 865; 43 U.S.C. 315m), for the purpose of grazing 
        livestock.
            (16) Grazing permit.--The term ``grazing permit'' means a 
        document authorizing use of the Federal land within a grazing 
        district under section 3 of the Act of June 28, 1934 (commonly 
        known as the ``Taylor Grazing Act'') (48 Stat. 1270, chapter 
        865; 43 U.S.C. 315b), for the purpose of grazing livestock.
            (17) Grazing preference.--The term ``grazing preference'' 
        means the number of animal unit months of livestock grazing on 
        Federal land as adjudicated or apportioned and attached to base 
        property owned or controlled by a permittee or lessee.
            (18) Land base property.--The term ``land base property'' 
        means base property described in paragraph (7)(A).
            (19) Land use plan.--The term ``land use plan'' means--
                    (A) with respect to Federal land administered by 
                the Bureau of Land Management--
                            (i) a resource management plan; or
                            (ii) a management framework plan that is in 
                        effect pending completion of a resource 
                        management plan, developed in accordance with 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1701 et seq.); and
                    (B) with respect to Federal Land administered by 
                the Forest Service, a land and resource management plan 
                developed in accordance with section 6 of the Forest 
                and Rangeland Resources Planning Act of 1974 (16 U.S.C. 
                1604).
            (20) Livestock.--The term ``livestock'' means--
                    (A) a species of domestic livestock, including 
                cattle, sheep, horses, burros, and goats; and
                    (B) a member of such a species.
            (21) Livestock carrying capacity.--The term ``livestock 
        carrying capacity'' means the maximum sustainable stocking rate 
        that is possible without inducing permanent damage to 
        vegetation or related resources as determined by monitoring.
            (22) Monitoring.--The term ``monitoring'' means the 
        periodic observation and orderly collection of data to 
        evaluate--
                    (A) effects of ecological changes and management 
                actions; and
                    (B) effectiveness of actions in meeting management 
                objectives.
            (23) Range improvement.--The term ``range improvement'' 
        means--
                    (A) an authorized activity or program on or 
                relating to rangeland that is designed to--
                            (i) improve production of forage;
                            (ii) change vegetative composition;
                            (iii) control patterns of use;
                            (iv) provide water;
                            (v) stabilize soil and water conditions; or
                            (vi) provide habitat for livestock, wild 
                        horses and burros, and wildlife; and
                    (B) includes structures, treatment projects, and 
                use of mechanical means to accomplish the goals 
                described in subparagraph (A).
            (24) Rangeland study.--The term ``rangeland study'' means a 
        method of study for collecting data on actual use, utilization, 
        climatic conditions, other special events, production trend, 
        and rangeland condition and trend to determine whether 
        management objectives are being met, that--
                    (A) uses physical examination of measurements of 
                range attributes and does not rely on a cursory visual 
                scanning of land unless the condition to be assessed is 
                patently obvious and requires no physical examination; 
                and
                    (B) is accepted by an authorized officer.
            (25) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, in reference to 
                livestock grazing on Federal land administered by the 
                Director of the Bureau of Land Management; and
                    (B) the Secretary of Agriculture, in reference to 
                livestock grazing on Federal land administered by the 
                Chief of the Forest Service.
            (26) Service area.--The term ``service area'' means the 
        area that can be properly grazed by livestock watering at a 
        certain water.
            (27) Stocking rate.--The term ``stocking rate'' means the 
        number of animal unit months authorized under a grazing permit 
        or grazing lease from year to year.
            (28) Sublease.--The term ``sublease'' means an agreement by 
        a permittee or lessee that--
                    (A) allows a person other than the permittee or 
                lessee to graze livestock on Federal land without 
                controlling the base property supporting the grazing 
                permit or grazing lease; or
                    (B) allows grazing on Federal land by livestock not 
                owned or controlled by the permittee or lessee.
            (29) Supplemental feed.--The term ``supplemental feed'' 
        means a feed that supplements the forage available from Federal 
        land and is provided to improve livestock nutrition or 
        rangeland management.
            (30) Suspend; suspension.--The terms ``suspend'' and 
        ``suspension'' refer to a temporary withholding, in whole or in 
        part, of a grazing preference from active use, ordered by the 
        Secretary or done voluntarily by a permitee or lessee.
            (31) Utilization.--The term ``utilization'' means the 
        percentage of a year's herbage production consumed or destroyed 
        by herbivores.
            (32) Water base property.--The term ``water base property'' 
        means base property described in paragraph (7)(B).
    (b) Consultation, Cooperation, and Coordination.--Section 402(d) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)) 
is amended--
            (1) by inserting comma after ``cooperation'' each place it 
        appears; and
            (2) by adding at the end the following: ``As used in this 
        subsection, the term `consultation, cooperation, and 
        coordination' means engagement in a good faith effort to reach 
        consensus on issues, plans, or management actions from--
            ``(1)(A) other agencies, permittees, or lessees, and 
        affected interests involved in an activity respect to which 
        consultation, cooperation, and coordination are required under 
        this title;
            ``(2)(B) resource advisory councils established under 
        section 177 of the Livestock Grazing Act;
            ``(3)(C) any State having land within the area to be 
        covered by an allotment management plan; and
            ``(4) additional affected interests (as defined in section 
        104(a)(4) of the Livestock Grazing Act).''.

SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

    (a) Standards and Guidelines.--The Secretary shall establish 
standards and guidelines on a State or regional level in cooperation 
with the State department of agriculture or other appropriate State 
agency and the land-grant university or other appropriate institution 
of higher education of each interested State.
    (b) Nontraditional Management.--The Secretary shall, where 
appropriate, authorize and encourage the use of non-traditional grazing 
management practices that are scientifically based on research 
conducted by land-grant universities.
    (c) Rule of Construction.--Nothing in this title or any other law 
implies that a minimum national standard or guideline is necessary.

SEC. 106. LAND USE PLANS.

    (a) Principal of Multiple Use and Sustained Yield.--An authorized 
officer shall manage livestock grazing on Federal land under the 
principle of multiple use and sustained yield and in accordance with 
applicable land use plans.
    (b) Contents of Land Use Plan.--A land use plan shall--
            (1) establish allowable resource uses (single or in 
        combination), related levels of production or use to be 
        maintained, areas of use, and resource condition goals and 
        objectives to be obtained; and
            (2) set forth programs and general management practices 
        needed to achieve management objectives.
    (c) Application of NEPA.--A land use plan shall be developed in 
conformance with the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Conformance With Land Use Plan.--Livestock grazing activities 
and management actions approved by the authorized officer--
            (1) may include any such activities as are not clearly 
        prohibited by a land use plan;
            (2) shall not require any consideration under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 
        addition to the studies supporting the land use plan.
    (e) Satisfaction of Requirements of Other Laws.--The issuance of a 
grazing permit or grazing lease that is consistent with a land use plan 
shall not be considered to be a Federal action requiring the conduct of 
any study or assessment under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
    (f) Nothing in this section is intended to override the planning 
and public involvement processes of other Federal law pertaining to 
Federal lands.

           Subtitle B--Qualifications and Grazing Preferences

SEC. 111. MANDATORY QUALIFICATIONS.

    Except as provided under sections 112, 114, and 134(d), to qualify 
for grazing use on Federal land an applicant shall--
            (1) be engaged in the livestock business;
            (2) own or control base property; and
            (3) be--
                    (A) a citizen of the United States or a person who 
                has properly filed a valid declaration of intention to 
                become a citizen or a valid petition for 
                naturalization;
                    (B) a group or association authorized to conduct 
                business in the State in which the grazing use is 
                sought, all members of which are persons described in 
                subparagraph (A); or
                    (C) a corporation authorized to conduct business in 
                the State in which the grazing use is sought.

SEC. 112. ACQUIRED LAND.

    With respect to land acquired by the Secretary through purchase, 
exchange, Act of Congress, or Executive order under the terms of which 
the Secretary is required to honor an existing grazing permit or 
grazing lease, the permittee or lessee shall be considered qualified 
for grazing use on that land.

SEC. 113. GRAZING PREFERENCES.

    (a) Base Property.--
            (1) Criteria.--An authorized officer shall find land or 
        water owned or controlled by an applicant for a grazing permit 
        or grazing lease to be base property if the land or water--
                    (A) serves as a base for a livestock operation that 
                utilizes Federal land within a grazing district; or
                    (B) is contiguous land, or noncontiguous land if no 
                applicant for the grazing permit or grazing lease owns 
                or controls contiguous land, used in conjunction with a 
                livestock operation that utilizes Federal land outside 
                a grazing district.
            (2) Specification of length of time.--After appropriate 
        consultation, cooperation, and coordination with the applicant 
        only, an authorized officer shall specify the length of time 
        for which land base property shall be considered to be capable 
        of supporting authorized livestock during the year, relative to 
        the multiple use management objective of Federal land.
            (3) Submission by applicant.--An applicant shall--
                    (A) provide a legal description, or plat, of the 
                base property; and
                    (B) certify to the authorized officer that the base 
                property meets the requirements under paragraphs (1) 
                and (2).
            (4) Loss of ownership or control.--
                    (A) In general.--Except as provided in subparagraph 
                (B), if a permittee or lessee loses ownership or 
                control of all or part of the base property, the 
                grazing permit or grazing lease, to the extent it was 
                based on the lost property, shall terminate 
                immediately, without notice from the authorized 
                officer.
                    (B) Extension of termination date.--If, prior to 
                losing ownership or control of the base property, the 
                permittee or lessee requests in writing that the 
                grazing permit or grazing lease be extended to the end 
                of the grazing season or grazing year, the authorized 
                officer, after consultation with the new owner or 
                person in control, may grant the request.
                    (C) Availability for transfer.--When a grazing 
                permit or grazing lease terminates because of a loss of 
                ownership or control of a base property, the grazing 
                preference shall remain with the base property and be 
                available for transfer under subsection (c) to the new 
                owner or person in control of the base property.
            (5) Isolated or disconnected federal land.--An applicant 
        that owns or controls base property contiguous to or cornering 
        on a tract of Federal land outside a grazing district that 
        consists of an isolated or disconnected tract embracing 760 
        acres or less shall, for a period of 90 days after the tract 
        has been offered for grazing lease, have a preference right to 
        graze the tract.
    (b) Specifying Grazing Preference.--
            (1) In general.--A grazing permit or grazing lease shall 
        specify a grazing preference that includes--
                    (A) a historical grazing preference;
                    (B) active use, based on the amount of forage 
                available for livestock grazing established in the land 
                use plan;
                    (C) suspended use; and
                    (D) voluntary and temporary nonuse.
            (2) Attachment of grazing preference.--A grazing preference 
        identified in a grazing permit or grazing lease shall attach to 
        the base property supporting the grazing permit or grazing 
        lease.
            (3) Attachment of animal unit months.--The animal unit 
        months of a grazing preference shall attach to--
                    (A) the acreage of land base property on a pro rata 
                basis; or
                    (B) water base property on the basis of livestock 
                forage production within the service area of the water.
    (c) Transfer of Grazing Preference.--
            (1) In general.--A transfer of a grazing preference, in 
        whole or in part, may be made in accordance with this 
        subsection.
            (2) Qualification of transferee.--A transferee shall meet 
        all necessary qualifications for a grazing preference under 
        this title.
            (3) Application.--An application to transfer a grazing 
        preference shall evidence assignment of interest and obligation 
        in range improvements authorized on Federal land under section 
        122 and maintained in conjunction with the transferred 
        preference.
            (4) Acceptance or rejection of terms and conditions.--A 
        transferee of a grazing preference may elect to accept or 
        reject the terms and conditions of the terminating grazing 
        permit or grazing lease and of any related cooperative 
        agreement or range improvement permit or to accept those terms 
        and conditions with such modifications as the transferee may 
        request and the authorized officer approve or with such 
        modifications as the authorized officer may require.
            (5) Application for grazing permit or grazing lease.--A 
        proposed transferee shall file an application for a grazing 
        permit or grazing lease to the extent of the transferred 
        grazing preference simultaneously with the filing of a transfer 
        application.
            (6) Transfers.--
                    (A) Transfers on sales or grazing lease of base 
                property.--If base property is sold or leased, the 
                transferee, not later than 90 days after the date of 
                sale or grazing lease, shall file with the authorized 
                officer a properly executed transfer application that--
                            (i) identifies the base property; and
                            (ii) states the amount of grazing 
                        preference being transferred in animal unit 
                        months.
                    (B) Transfer from base property to base property.--
                            (i) In general.--If a grazing preference is 
                        being transferred from one base property to 
                        another base property, the transferor shall own 
                        or control the base property from which the 
                        grazing preference is being transferred and 
                        file with the authorized officer a properly 
                        completed transfer application for approval.
                            (ii) Consent of owner of leased base 
                        property.--If the transferor leases the base 
                        property, no transfer shall be allowed without 
                        the written consent of the owner and of any 
                        person or entity holding an encumbrance of the 
                        base property from which the transfer is to be 
                        made unless the transferor is a lessee without 
                        whose livestock operations the grazing 
                        preference would not have been established.
            (7) Termination.--On the date of approval of a transfer, 
        the existing grazing permit or grazing lease shall terminate 
        automatically and without notice to the extent of the transfer.
            (8) Acquisition of base property by person not qualified.--
                    (A) No effect for two years.--For a period of two 
                years after an unqualified transferee acquires rights 
                in base property through operation of law or 
                testamentary disposition, the transfer shall not--
                            (i) affect the grazing preference or any 
                        outstanding grazing permit or grazing lease; or
                            (ii) preclude the issuance or renewal of a 
                        grazing permit or grazing lease based on the 
                        base property.
                    (B) Cancellation.--If an unqualified transferee 
                fails to qualify for a transfer under this section 
                within the two-year period described in subparagraph 
                (A), the grazing preference shall be subject to 
                cancellation, but the authorized officer may grant 
                extensions of the two-year period if there have been 
                delays solely attributable to probate proceedings.
            (9) Failure to comply.--Failure of a transferee or 
        transferor to comply with this subsection may result in 
        rejection of the transfer application or cancellation of the 
        grazing preference.
    (d) Allotments.--After consultation, cooperation, and coordination 
with permittees or lessees, an authorized officer may designate and 
adjust allotment boundaries.

SEC. 114. CHANGES IN GRAZING PREFERENCE STATUS.

    (a) In General.--An authorized officer shall periodically review 
the stocking rate specified in a grazing permit or grazing lease and 
may make changes in the status of the stocking rate.
    (b) Support.--A change in a stocking rate shall be supported by 
monitoring, as evidenced by rangeland studies conducted over time, and 
as is specified in an applicable land use plan or as is necessary to 
manage, maintain, or improve rangeland productivity.
    (c) Increase in Active Use.--
            (1) In general.--Any additional forage that becomes 
        available may be apportioned to a qualified applicant for 
        livestock grazing use, consistent with multiple-use management 
        objectives.
            (2) Temporary availability.--Any additional forage that 
        becomes temporarily available for livestock grazing use 
        (including forage that is temporarily available within an 
        allotment because of a change in grazing use under section 
        131(b)) may be apportioned on a nonrenewable basis.
            (3) Availability on sustained use basis.--
                    (A) In general.--Any additional forage that becomes 
                available on a sustained yield basis for livestock 
                grazing use shall be apportioned in satisfaction of 
                grazing preferences to the permittees and lessees 
                authorized to graze in the allotment in which the 
                forage is available before being apportioned to other 
                persons under subparagraph (B).
                    (B) Apportionment to others.--After consultation, 
                cooperation, and coordination with the permittees, 
                lessees, and other qualified applicants, additional 
                forage on a sustained yield basis available for 
                livestock grazing use exceeding the amount of grazing 
                preferences of the permittees and lessees in an 
                allotment may be apportioned in the following priority 
                to--
                            (i) permittees and lessees in proportion to 
                        their contribution or efforts that resulted in 
                        increased forage production;
                            (ii) permittees or lessees in proportion to 
                        the amount of their grazing preferences; and
                            (iii) other qualified applicants under 
                        section 131.
    (d) Decrease in Authorized Grazing Use.--
            (1) Temporary suspension.--
                    (A) In general.--Active use may be suspended in 
                whole or in part on a temporary basis to facilitate--
                            (i) recovery from drought, fire, or another 
                        natural event; or
                            (ii) installation, maintenance, or 
                        modification of range improvements.
                    (B) Implementation.--If an authorized officer 
                determines that the soil, vegetation, or other 
                resources on Federal land require temporary protection 
                because of conditions such as drought, fire, flood, or 
                insect infestation, after consultation, cooperation, 
                and coordination with affected permittees or lessees, 
                action shall be taken to close allotments or portions 
                of allotments to grazing by any kind of livestock or to 
                modify authorized grazing use.
            (2) Permanent suspension.--When monitoring shows that 
        active use is causing an unacceptable level or pattern of 
        utilization or exceeds the livestock carrying capacity, as 
        determined through monitoring, an authorized officer, after 
        evaluating all uses and implementing all reasonable and viable 
        management practices or alternatives, shall reduce active use 
        if necessary to maintain or improve rangeland productivity only 
        if the authorized officer determines that a change in other 
        uses or a change in grazing management practices would not 
        achieve the management objectives.
            (3) Period of suspension.--When active use is reduced, the 
        active use shall be held in suspension or in nonuse for 
        conservation and protection purposes until the authorized 
        officer determines that active use may resume.
    (e) Implementation of Changes in Available Forage.--
            (1) Phasing-in.--A change in active use in excess of ten 
        percent shall be implemented over a five-year period, unless, 
        after consultation, cooperation, and coordination with the 
        affected permittees or lessees, an agreement is reached to 
        implement the increase or decrease over less than a five-year 
        period.
            (2) Suspension of grazing preference.--
                    (A) In general.--After consultation, cooperation, 
                and coordination with the permittee or lessee, a 
                suspension of a grazing preference shall be implemented 
                through a documented agreement or by decision of an 
                authorized officer.
                    (B) Data available.--If acceptable range analysis 
                data are poorly gathered, analyzed, and reviewed by the 
                authorized officer, an initial decrease shall be taken 
                on the effective date of the agreement or decision and 
                the balance taken in the third and fifth years 
                following that effective date, except as provided in 
                paragraph (1).
                    (C) Data not available.--If data acceptable to the 
                authorized officer to support an initial decrease are 
                not available--
                            (i) additional data shall be collected 
                        through monitoring and in coordination with the 
                        land-grant university (or other appropriate 
                        institution of higher education) and department 
                        of agriculture of the State; and
                            (ii) adjustments based on the additional 
                        data shall be implemented by agreement or 
                        decision that will initiate the five-year 
                        implementation period.

SEC. 115. CHANGES IN FEDERAL LAND ACREAGE.

    (a) Increases in Land Acreage.--If land outside a designated 
allotment becomes available for livestock grazing--
            (1) the forage available for livestock shall be made 
        available to a qualified applicant at the discretion of the 
        authorized officer; and
            (2) grazing use shall be apportioned under section 131.
    (b) Decrease in Land Acreage.--
            (1) In general.--If there is a decrease in Federal land 
        acreage available for livestock grazing within an allotment--
                    (A) grazing permits or grazing leases may be 
                canceled, suspended, or modified as appropriate to 
                reflect the changed area of use; and
                    (B) grazing preferences may be canceled or 
                suspended in whole or in part.
            (2) Equitable apportionment.--A cancellation or suspension 
        determined by the authorized officer to be necessary to protect 
        Federal land--
                    (A) shall be apportioned as agreed among the 
                authorized users and the authorized officer; or
                    (B) if no agreement is reached, shall be equitably 
                apportioned by the authorized officer based on the 
                level of available forage and magnitude of the change 
                in Federal land acreage available.
            (3) Disposition or use for public purpose.--
                    (A) In general.--If Federal land is disposed of or 
                devoted to a public purpose so as to preclude livestock 
                grazing, the Secretary shall, except in a case of 
                emergency such as need to satisfy a national defense 
                requirement in time of war or a natural disaster, 
                provide permittees and lessees two years' notice prior 
                to cancellation of grazing permits, grazing leases, and 
                grazing preferences.
                    (B) Waiver.--A permittee or lessee may 
                unconditionally waive the two-year prior notification 
                required by subparagraph (A).
                    (C) Right to compensation.--A waiver under 
                subparagraph (B) shall not prejudice a permittee's or 
                lessee's right to reasonable compensation at (but not 
                in excess of) the fair market value of the permittee's 
                or lessee's interest in authorized permanent range 
                improvements located on Federal land.

                     Subtitle C--Grazing Management

SEC. 121. ALLOTMENT MANAGEMENT PLANS.

    (a) If the Secretary concerned elects to develop an allotment 
management plan for a given area, he shall do so in careful and 
considered consultation, cooperation, and coordination with the 
lessees, permittees, and landowners involved, the Resource Advisory 
Councils and the Grazing Advisory Boards established pursuant to 
section 176 and section 177, and any State or States having lands 
within the area to be covered by such allotment management plan.
    (b) Contents.--An allotment management plan shall--
            (1) include the terms and conditions described in section 
        136;
            (2) prescribe the livestock grazing practices necessary to 
        meet specific multiple-use management objectives;
            (3) specify the limits of flexibility within which the 
        permittee or lessee may adjust operations without prior 
        approval of the authorized officer; and
            (4) provide for monitoring to evaluate the effectiveness of 
        management actions in achieving the specific multiple-use 
        management objectives of the plan.
    (c) Private and State Land.--Private and State land shall be 
included in an allotment management plan with the consent or at the 
request of the person that owns or controls the land.
    (d) Incorporation in Grazing Permits and Grazing Leases.--An 
allotment management plan shall be incorporated into the affected 
grazing permits and grazing leases.

SEC. 122. RANGE IMPROVEMENTS.

    (a) Range Improvement Cooperative Agreements.--
            (1) In general.--The Secretary may enter into a cooperative 
        agreement with a permittee or lessee for the construction, 
        installation, modification, maintenance, or use of a permanent 
        range improvement or development of a rangeland to achieve a 
        management or resource condition objective.
            (2) Cost-sharing.--A range improvement cooperative 
        agreement shall specify how the costs or labor, or both, shall 
        be shared between the United States and the other parties to 
        the agreement.
            (3) Title.--
                    (A) In general.--Subject to valid existing rights, 
                title to an authorized permanent range improvement 
                under a range improvement cooperative agreement shall 
                be in the name of the permittee or lessee and of the 
                United States, respectively, in proportion to the value 
                of the contributions (funding, material, and labor) 
                toward the initial cost of construction by the United 
                States and the permittee or lessee, respectively.
                    (B) Value of federal land.--For the purpose of 
                subparagraph (A), only a contribution to the 
                construction, installation, modification, or 
                maintenance of a permanent rangeland improvement 
                itself, and not the value of Federal land on which the 
                improvement is placed, shall be taken into account.
                    (C) Maintenance.--Maintenance of range improvements 
                in the form of time as labor or monetary expenditures 
                shall be applied to the value and percentage of 
                ownership proportionate to the value of the 
                contribution by a party to the cooperative agreement.
            (4) Nonstructural range improvements.--A range improvement 
        cooperative agreement shall ensure that the respective parties 
        enjoy the benefits of any nonstructural range improvement, such 
        as seeding, spraying, and chaining, in proportion to each 
        party's contribution to the improvement.
            (5) Incentive.--A range improvement cooperative agreement 
        shall contain terms and conditions that are designed to provide 
        a permittee or lessee an incentive for investing in range 
        improvements.
    (b) Range Improvements Permits.--
            (1) Application.--A permittee or lessee may apply for a 
        range improvement permit to construct, install, modify, 
        maintain, or use a range improvement that is needed to achieve 
        management objectives within the permittee's or lessee's 
        allotment.
            (2) Funding.--A permittee or lessee shall agree to provide 
        full funding for construction, installation, modification, or 
        maintenance of a range improvement covered by a range 
        improvement permit.
            (3) Authorized officer to issue.--A range improvement 
        permit shall be issued at the discretion of the authorized 
        officer.
            (4) Title.--Title to an authorized permanent range 
        improvement under a range improvement permit shall be in the 
        name of the permittee or lessee.
            (5) Control.--The use by livestock of stock ponds or wells 
        authorized by a range improvement permit shall be controlled by 
        the permittee or lessee holding a range improvement permit.
    (c) Standards, Design, and Stipulations.--A range improvement 
cooperative agreement under subsection (a) and a range improvement 
permit under subsection (b) shall specify the standards and design, 
construction, and maintenance criteria for the range improvements.
    (d) Assignment of Range Improvements.--An authorized officer shall 
not approve the transfer of a grazing preference under section 113(c) 
or approve use by the transferee of existing range improvements unless 
the transferee has agreed to compensate the transferor for the 
transferor's interest in the authorized improvements within the 
allotment as of the date of the transfer.
    (e) Removal and Compensation for Loss of Range Improvements.--
            (1) Prohibition of removal.--A person shall not remove a 
        range improvement from Federal land without authorization by 
        the authorized officer.
            (2) Requirement to remove.--The authorized officer may 
        require a permittee or lessee to remove a range improvement on 
        Federal land that the permittee or lessee owns if the 
        improvement is no longer helping to achieve land use plan or 
        allotment goals and objectives or if the improvement fails to 
        meet the standards and criteria of subsection (c).
            (3) Cancellation of grazing permit or grazing lease.--
                    (A) In general.--If a grazing permit or grazing 
                lease is canceled in order to devote Federal land 
                covered by the grazing permit or grazing lease to 
                another public purpose, including disposal, the 
                permittee or lessee shall be entitled to receive from 
                the United States reasonable compensation for the value 
                of the permittee's or lessee's interest in authorized 
                permanent range improvements purchased by the permittee 
                or lessee or placed or constructed by the permittee or 
                lessee on Federal land covered by the canceled grazing 
                permit or grazing lease.
                    (B) Fair market value.--The value of a permittee's 
                or lessee's interest under subparagraph (A) shall be 
                equal to the fair market value of the terminated 
                portion of the permittee's or lessee's interest in the 
                permanent range improvements.
                    (C) Salvage and rehabilitation.--In a case in which 
                a range improvement is authorized by a range 
                improvement permit or range improvement cooperative 
                agreement, the permittee or lessee may elect to salvage 
                materials and perform rehabilitation measures rather 
                than accept compensation for the fair market value.
            (4) Cancellation of range improvement permit or cooperative 
        agreement.--If a range improvement permit or range improvement 
        cooperative agreement is canceled, the permittee or lessee 
        shall be allowed 180 days after the date of cancellation in 
        which to salvage material owned by the lessee or permittee and 
        perform rehabilitation measures necessitated by the salvage.
                    (A) Contributions.--An authorized officer may 
                accept contributions of labor, material, equipment, or 
                money for administration, protection, and improvement 
                of Federal land necessary to achieve the objectives of 
                this title.
                    (B) Transfer of ownership of improvements.--
                            (i) Mediation.--An authorized officer may--
                                    (I) mediate a dispute regarding 
                                reasonable compensation in connection 
                                with a transfer of ownership of a range 
                                improvement; and
                                    (II) following consultation with 
                                the interested parties, make a 
                                determination concerning the fair and 
                                reasonable share of operation and 
                                maintenance expenses and compensation 
                                for use of authorized range 
                                improvements.
                            (ii) No agreement.--If an agreement on the 
                        amount of compensation cannot be reached, the 
                        authorized officer shall issue a temporary 
                        grazing authorization, including appropriate 
                        terms and conditions and the requirement to 
                        compensate the permittee or lessee for the fair 
                        share of operation and maintenance, as 
                        determined by the authorized officer.

SEC. 123. MONITORING.

    (a) In General.--Any monitoring or inspection of allotment 
territory for condition or compliance with grazing rules and 
regulations and the terms and conditions of grazing permits and 
allotment management plans shall be performed only by the permittee, 
qualified personnel, qualified consultants retained by the United 
States, or qualified consultants retained by the grazing permittee or 
lessee. An individual is qualified within the meaning of this section 
if he or she possesses the training, educational credentials or 
experience necessary to properly perform such monitoring or inspection.
    (b) Requirement of Requesting Permittee or Lessee Participation in 
Allotment Monitoring.--No inspection or monitoring documentation, data, 
information, or reports shall be relied on, or included in the 
permittee's or lessee's allotment file in any form unless the permittee 
or lessee has been invited and allowed to be present at and to 
participate in the inspection or other activity in which the 
information or data was gathered or which resulted in the report. No 
invitation to the permittee's or lessee's presence shall be valid for 
the purposes of this section unless the qualified personnel carrying 
out the inspection or monitoring activity made reasonable 
accommodations to the permittee's or lessee's schedule and 
circumstances allow the permittee or lessee to be present.

SEC. 124. WATER RIGHTS.

    (a) In General.--No water rights on Federal land shall be acquired, 
perfected, owned, controlled, maintained, administered, or transferred 
in connection with livestock grazing management other than in 
accordance with State law concerning the use and appropriation of water 
within the State.
    (b) State Law.--In managing livestock grazing on Federal land, the 
Secretary shall follow State law with regard to water ownership.
    (c) Rule of Construction.--Nothing in this title shall be construed 
to create an expressed or implied reservation of water rights in the 
United States.

SEC. 125. MANAGEMENT OF GRAZING ON LAND UNDER THE JURISDICTION OF OTHER 
              DEPARTMENTS AND AGENCIES.

    (a) In General.--In the case of land under the administrative 
jurisdiction of the head of another entity in the department or of 
another department or agency on which grazing is managed by the 
Secretary on behalf of the head of that entity, department, or agency, 
the Secretary shall enter into a memorandum of understanding setting 
out the terms and conditions under which grazing will be managed on 
that land.
    (b) Application of Title.--This title shall apply to management of 
grazing under subsection (a) except to the extent that the Secretary, 
in consultation with the head of the department or agency with 
jurisdiction over the land, in view of the needs of the other 
department or agency or the applicability of other law, requires 
application of different rules; Provided, That title II shall govern 
the management of grazing on national grasslands.

                Subtitle D--Authorization of Grazing Use

SEC. 131. APPLICATIONS.

    (a) In General.--An application for a grazing permit or grazing 
lease authorizing active use and nonuse, a free-use grazing permit, or 
other grazing authorization shall be filed with the authorized officer 
at the local Bureau of Land Management or Forest Service office having 
jurisdiction over the Federal land that is the subject of the 
application.
    (b) Changes in Grazing Use.--
            (1) In general.--In the case of any grazing fee year, an 
        application for a change in grazing use should be filed with 
        the authorized officer before the billing notice for the 
        affected grazing use has been issued for the grazing fee year.
            (2) Late filing.--An application for a change in grazing 
        use filed after a billing notice for the affected grazing use 
        has been issued that requires the issuance of a replacement or 
        supplemental billing notice shall be subject to a service 
        charge under section 137(d).
            (3) Authority to grant.--An authorized officer may grant an 
        application for a change in grazing use.
    (c) Conflicting Applications.--
            (1) Factors to be considered.--If more than one qualified 
        applicant applies for livestock grazing use of the same Federal 
        land or if additional forage for livestock or additional 
        acreage becomes available, an authorized officer may authorize 
        grazing use of the Federal land or use of forage--
                    (A) as provided in section 114(c); or
                    (B) on the basis of any of the following factors:
                            (i) Historical use of Federal land.
                            (ii) Proper range management and use of 
                        water for livestock.
                            (iii) General needs of the applicants' 
                        livestock operations.
                            (iv) Topography.
                            (v) Other land use requirements unique to 
                        the situation.
            (2) Factor not to be considered.--In authorizing grazing 
        use or use of forage under paragraph (1), an authorized officer 
        shall not take into consideration the past practice or present 
        willingness of an applicant to allow public access to Federal 
        land over private land.

SEC. 132. GRAZING PERMITS OR GRAZING LEASES.

    (a) Specification of Terms and Conditions.--A grazing permit or 
grazing lease shall specify terms and conditions as required by section 
136.
    (b) Term.--A grazing permit or grazing lease shall be issued for a 
term of 15 years unless--
            (1) the land is pending disposal;
            (2) the land will be devoted to a public purpose that 
        precludes grazing prior to the end of 15 years; or
            (3) the Secretary determines that it would be in the best 
        interest of sound land management to specify a shorter term, if 
        the decision to specify a shorter term is supported by 
        appropriate and accepted resource analysis and evaluation.
    (c) Renewal.--A permittee or lessee holding a grazing permit or 
grazing lease shall be given first priority at the end of the term for 
renewal of the grazing permit or grazing lease if--
            (1) the land for which the grazing permit or grazing lease 
        is issued remains available for domestic livestock grazing;
            (2) the permittee or lessee is in compliance with this 
        title and the terms and conditions of the grazing permit or 
        grazing lease; and
            (3) the permittee or lessee accepts the terms and 
        conditions included by the authorized officer in the new 
        grazing permit or grazing lease.

SEC. 133. FREE-USE GRAZING PERMITS.

    (a) In General.--A free-use grazing permit may be issued, 
consistent with the title, to an applicant--
            (1) whose residence is adjacent to Federal land within a 
        grazing district;
            (2) who needs Federal land to support domestic livestock 
        owned by the applicant; and
            (3) whose products or work related to livestock grazing are 
        used directly and exclusively by the applicant and the 
        applicant's family.
    (b) Conflicting Applications.--The issuance of a free-use grazing 
permit is subject to section 131(c).
    (c) Term.--A free-use grazing permit shall be issued for a term of 
one year.
    (d) No Transfer or Assignment.--A free-use grazing permit may not 
be transferred or assigned.

SEC. 134. OTHER GRAZING AUTHORIZATIONS.

    (a) Exchange-of-Use Grazing Agreements.--
            (1) In general.--An exchange-of-use grazing agreement may 
        be issued to any applicant that owns or controls land that is 
        unfenced and intermingled with Federal land when use under such 
        an agreement would be in harmony with the management objectives 
        for the allotment.
            (2) Extent of use.--An exchange-of-use grazing agreement 
        may authorize use of Federal land to the extent of the 
        livestock carrying capacity of the land offered in exchange-of-
        use.
            (3) No fee.--No fee shall be charged for grazing use under 
        an exchange-of-use agreement.
    (b) Nonrenewable Grazing Permits and Grazing Leases.--A 
nonrenewable grazing permit or grazing lease maybe issued on an annual 
basis to a qualified applicant when forage is temporarily available if 
grazing use under the grazing permit or grazing lease--
            (1) is consistent with multiple-use objectives; and
            (2) does not interfere with other livestock operations on 
        the Federal land concerned.
    (c) Crossing Permits.--An applicant showing the necessity for 
crossing Federal land or other land under control of the Secretary with 
livestock for proper and lawful purposes may be issued a crossing 
permit on such terms and conditions as the authorized officer considers 
necessary to achieve the objectives of this title.
    (d) Special Grazing Permits or Grazing Leases.--
            (1) In general.--A special grazing permit or grazing lease 
        authorizing grazing use by privately owned or controlled 
        indigenous animals may be issued at the discretion of the 
        authorized officer, consistent with multiple-use objectives.
            (2) Term.--A special grazing permit or grazing lease shall 
        be issued for such a term as the authorized officer considers 
        to be appropriate, not to exceed 10 years.
    (e) No Priority; No Transfer or Assignment.--An exchange-of-use 
grazing agreement, nonrenewable grazing permit or grazing lease, 
crossing permit, or special grazing permit or grazing lease shall have 
no priority for renewal and may not be transferred or assigned.

SEC. 135. OWNERSHIP AND IDENTIFICATION OF LIVESTOCK.

    (a) In General.--A permittee or lessee shall own or control and be 
responsible for the management of the livestock that graze the Federal 
land under a grazing permit or grazing lease.
    (b) Compliance With State Requirements.--An authorized user shall 
comply with the requirements of the State in which Federal land is 
located relating to branding, marking, or tagging of livestock, breed, 
grade, and number of bulls, health, and sanitation.
    (c) Marking or Tagging.--An authorized officer shall not impose any 
marking or tagging requirement in addition to the requirement under 
State law.
    (d) Filing of Control Agreement and Brand.--A permittee or lessee 
that controls but does not own the livestock that graze Federal land 
shall file with the authorized officer--
            (1) the agreement that gives the permittee or lessee 
        control of the livestock; and
            (2) the brand and other identifying marks on the livestock.

SEC. 136. TERMS AND CONDITIONS.

    (a) In General.--
            (1) Specifications.--An authorized officer shall specify in 
        a grazing permit or grazing lease the kind and number of 
        livestock, the periods of use, the allotments to be used, and 
        the amount of use (stated in animal unit months) for each 
        grazing permit or grazing lease.
            (2) Amount of use.--The amount of livestock grazing use 
        that is authorized in a grazing permit or grazing lease shall 
        not exceed the livestock carrying capacity of the Federal land 
        concerned, as determined through monitoring and adjusted as 
        necessary under section 114.
            (3) General.--A grazing lease or permit shall be subject to 
        such other reasonable terms or conditions as may be required by 
        this Act.
    (b) No Special Terms and Conditions.--An authorized officer shall 
not impose any term or condition in a grazing permit or grazing lease 
other than a term or condition described in subsection (a) or as 
contained in an allotment management plan as described in section 121.
    (c) Modification.--Following careful and considered consultation, 
cooperation, and coordination with permittees and lessees, an 
authorized officer may modify the terms and conditions of a grazing 
permit or grazing lease if monitoring data show that the grazing use is 
not meeting the land use plan or management objectives.
    (d) Subleasing.--The Secretary shall not permit--
            (1) the lease or sublease of a Federal grazing permit or 
        lease, associated with the lease or sublease of base property, 
        to another party without a required transfer approved by the 
        Secretary;
            (2) the lease or sublease of a Federal grazing permit or 
        lease to another party without the assignment of the associated 
        base property;
            (3) allowing another party, other than a spouse, child, or 
        grandchild of the permittee or lessee to graze livestock that 
        are not owned or controlled by the permittee or lessee on 
        public lands, unless such grazing use is due to the lessee or 
        permittee being unable to make full grazing use due to the ill 
        health or death of the permittee or lessee; or
            (4) allowing another party, other than a spouse, child, or 
        grandchild of the permittee or lessee to graze livestock on 
        public lands under a pasturing agreement without the approval 
        of the Secretary.

SEC. 137. FEES AND CHARGES.

    (a) Definition.--Animal unit month. The term ``animal unit month'' 
means one month's use and occupancy of range by--
            (1) one cow, bull, steer, heifer, horse, burro, or mule, 
        seven sheep, or seven goats, each of which is six months of age 
        or older on the date on which the animal begins grazing on 
        Federal land;
            (2) any such animal regardless of age if the animal is 
        weaned on the date on which the animal begins grazing on 
        Federal land; and
            (3) any such animal that will become 12 months of age 
        during the period of use authorized under a grazing permit or 
        grazing lease.
    (b) Livestock Not Counted.--There shall not be counted as an animal 
unit month the use of Federal land for grazing by--
            (1) an animal that is less than six months of age on the 
        date on which the animal begins grazing on Federal land and is 
        the natural progeny of an animal on which a grazing fee is paid 
        if the animal is removed from the Federal land before becoming 
        12 months of age; or
            (2) an animal that is progeny, born during the period of 
        use authorized under a grazing permit or grazing lease, of an 
        animal on which a grazing fee is paid.
    (c) Grazing Fees.--
            (1) Basic fee.--The basic fee for each animal unit month in 
        a grazing fee year to be determined by the Bureau of Land 
        Management and the Forest Service shall be equal to the three-
        year average of the total gross value of production for beef 
        cattle, as compiled by the Economic Research Service of the 
        Department of Agriculture in accordance with paragraph (2) on 
        the basis of economic data published by the Service in the 
        Economic Indicators of the Farm Sector: Cost of Production--
        Major Field Crops & Livestock and Dairy for the three years 
        preceding the grazing fee year, multiplied by .06 and divided 
        by 12.
            (2) Criteria.--
                    In general.--The Economic Research Service of the 
                Department of Agriculture shall: continue to compile 
                the gross production value of production of beef cattle 
                as reported in a dollar per bred cow basis in the 
                ``U.S. Cow-Calf Production Cash Costs and Returns.''.
            (3) Surcharge.--
                    (A) A surcharge shall be added to the grazing fee 
                billings for authorized grazing of livestock owned by 
                persons other than the permittee or lessee except 
                where--
                            (1) such use is made by livestock owned by 
                        a spouse, child, or grandchild of the permittee 
                        and lessee; or
                            (2) the permittee or lessee is unable to 
                        make full grazing use, as authorized by a 
                        grazing permit or lease, due to the informed 
                        condition or death of the permittee or lessee.
                    (B) The surcharge shall be over and above any other 
                fees that may be charged for public land forage.
                    (C) Surcharges shall be paid prior to grazing use.
                    (D) The surcharge for authorized pasturing of 
                livestock owned by persons other than the permittee or 
                lessee will be equal to 25 percentum of the difference 
                between the current year's Federal grazing fee and the 
                prior year's private grazing land lease rate per AUM 
                for the appropriate State as compiled by the national 
                Agricultural Statistics Service.
                    (E) In general.--The Bureau of Land Management and 
                the Forest Service shall make a determination under 
                paragraph (1) based on the following information 
                gathered by the National Agriculture Statistics Service 
                of the Department of the Agriculture with respect to 
                the largest single grazing lease of each grazing 
                operator (in terms of dollars):
                            (i) Whether the operator charged--
                                    (I) per acre;
                                    (II) per head per month;
                                    (III) per pound of gain;
                                    (IV) per hundredweight of gain; or
                                    (V) by another measure, and the 
                                rate charged.
                            (ii)(I) The estimated average pounds gained 
                        per season for the grazing lease.
                            (II) The total dollar amount estimated to 
                        be realized from the grazing lease.
                            (III) Grazing lease acreage.
                            (IV) The State and county where the grazing 
                        lease is located.
                            (iii) The classes of livestock grazed.
                            (iv) The term of the grazing lease.
                            (v)(I) Whether grazing lease payments are 
                        paid if no grazing occurred.
                            (II) Whether the grazing lease contains a 
                        take or pay provision.
                            (vi) Additional information on whether the 
                        following are provided by the lessor on a five-
                        year basis:
                                    (I) Fencing maintenance;
                                    (II) Animal management and 
                                oversight;
                                    (III) Water maintenance;
                                    (IV) Salt and minerals;
                                    (V) Other service (specified);
                                    (VI) No services;
                                    (VII) Hunting;
                                    (VIII) Fishing;
                                    (IX) Other (specified); and
                                    (X) None.
                    (F) Private native rangeland.--For the purpose of 
                determining rates for grazing leases of private native 
                rangeland, rates for irrigated pasture, crop aftermath, 
                and dryland winter wheat shall be excluded.
            (4) Payment.--
                    (A) Due date.--A grazing fee shall be due on the 
                due date specified in the billing notice.
                    (B) Payment prior to use.--A grazing fee shall be 
                paid prior to grazing use.
                    (C) Billing after grazing season.--If an allotment 
                management plan provides for billing after the grazing 
                season, a grazing fee shall be based on actual grazing 
                use and shall be due upon issuance.
            (5) Refunds.--
                    (A) In general.--A grazing fee may be refunded if 
                an application for change in grazing use and related 
                refund is filed prior to the period of use for which 
                the refund is requested.
                    (B) Failure to make grazing use.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), no refund shall be made for 
                        failure to make grazing use.
                            (ii) Range depletion or disease.--During a 
                        period of range depletion due to drought, fire, 
                        or other natural cause, or in case of a general 
                        spread of disease among the livestock that 
                        occurs during the term of a grazing permit or 
                        grazing lease, an authorized officer may credit 
                        or refund a grazing fee in whole or in part or 
                        postpone fee payment for as long as the 
                        emergency exists.
    (d) Other Fees and Charges.--
            (1) Crossing permits, transfers, and billing notices.--A 
        service charge shall be assessed for each crossing permit, 
        transfer of grazing preference, and replacement or supplemental 
        billing notice except in a case in which the action is 
        initiated by the authorized officer.
            (2) Amount of flpma fees and charges.--The fees and charges 
        under section 304(a) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1734(a)) shall reflect processing costs 
        and shall be adjusted periodically as costs change.
            (3) Notice of change.--Notice of a change in a service 
        shall be published in the Federal Register.
    (e) Repeal.--Section 6(a) of the Public Rangelands Improvement Act 
of 1978 (43 U.S.C. 1905) is repealed.
    (f) Application of Section.--This section applies to the management 
of livestock grazing on Western Federal land by the Secretary of 
Agriculture, acting through the Chief of the Forest Service, as well as 
to the Secretary.

SEC. 138. PLEDGE OF GRAZING PERMITS OR GRAZING LEASES AS SECURITY FOR 
              LOANS.

    (a) Renewal.--A grazing permit or grazing lease that has been 
pledged as security for a loan from a lending agency shall be renewed 
by the authorized officer for a period of not to exceed 15 years if--
            (1) the loan is for the purpose of furthering the 
        permittee's or lessee's livestock operation;
            (2) the permittee or lessee has complied with this title; 
        and
            (3) renewal would be in accordance with other applicable 
        laws.
    (b) Effect of Pledge.--The pledging of a grazing permit or grazing 
lease as security for a loan from a lending agency shall not exempt the 
grazing permit or grazing lease from this title.

        Subtitle E--Civil Violations and Failures of Compliance

SEC. 141. CIVIL VIOLATIONS AND FAILURES OF COMPLIANCE.

    (a) Scope of Section.--
            (1) In general.--This section states all of the violations 
        and failures of compliance that pertain specifically to 
        livestock grazing on Federal land that may result in imposition 
        of a sanction described in subsection (c) against a person in 
        the person's capacity as a permittee, lessee, or applicant for 
        a grazing permit or grazing lease.
            (2) Other violations.--A permittee, lessee, or applicant 
        for a grazing permit or grazing lease that commits a violation 
        relating to Federal land under a law that applies to all 
        persons generally shall be subject to penalty under that law.
    (b) In General.--A person that knowingly and willfully does one of 
the following shall be subject to a civil sanction under subsection 
(c):
            (1) Fails to make substantial grazing use as authorized by 
        a grazing permit or grazing lease for two consecutive fee 
        years.
            (2) Places supplemental feed on land covered by a grazing 
        permit or grazing lease without authorization.
            (3) Fails to comply with a term, condition, or stipulation 
        of a range improvement cooperative agreement or range 
        improvement permit.
            (4) Enters into an unauthorized sublease.
            (5) Allows livestock or another privately owned or 
        controlled animal to graze on or be driven across Federal 
        land--
                    (A) without a grazing permit, grazing lease, or 
                other grazing use authorization;
                    (B) in violation of a term or condition of a 
                grazing permit, grazing lease, or other grazing use 
                authorization, including a provision stating the number 
                of livestock covered by the authorization;
                    (C) in an area or at a time different from that 
                authorized; or
                    (D) if the livestock is not identified in 
                compliance with section 135.
            (6) Installs, uses, modifies, or removes a range 
        improvement on Federal land without authorization.
            (7) Damages or removes Federal Government property from 
        Federal land without authorization.
            (8) Molests livestock authorized to graze on Federal land.
            (9) Interferes with a lawful grazing use or lawful user.
            (10) Makes a false statement or representation in a base 
        property certification, grazing application, range improvement 
        permit application, cooperative agreement, or actual use 
        report, or an amendment thereto.
            (11) Grazes livestock on Federal land not substantially in 
        compliance with State livestock requirements relating to--
                    (A) branding, marking, or tagging of livestock;
                    (B) breed, grade, or number of bulls; or
                    (C) health or sanitation.
    (c) Penalties.--
            (1) In general.--In a case of a violation or failure of 
        compliance described in subsection (b), an authorized officer 
        may--
                    (A) withhold issuance of a grazing permit or 
                grazing lease for a period of time;
                    (B) suspend the grazing use authorized under a 
                grazing permit or grazing lease for a period of time, 
                in whole or in part; or
                    (C) cancel a grazing permit or grazing lease and 
                grazing preference, or a free-use grazing permit or 
                other grazing authorization, in whole or in part.
            (2) A grazing lease or permit may be cancelled, suspended, 
        or modified for--
                    (A) any violation of this title, or for
                    (B) any violation of a term or condition of the 
                permit or lease, or for
                    (C) conviction for failure to comply with Federal 
                laws or regulations relating to protection of air, 
                water, soil and vegetation, fish and wildlife, and 
                other environmental values when exercising the grazing 
                use authorized by the permit or lease.
            (3) Second or subsequent willful violation.--In a case of a 
        second or subsequent willful civil violation described in 
        subsection (a), an authorized officer shall--
                    (A) suspend the grazing use authorized under a 
                grazing permit for a period of time, in whole or in 
                part; or
                    (B) cancel a grazing permit or grazing lease and 
                grazing preference, in whole or in part.
            (4) Consideration of severity.--A determination of the 
        length of time that a grazing permit or grazing lease will be 
        withheld or suspended or that a grazing permit or grazing lease 
        will be canceled shall reflect the severity of the violation or 
        failure of compliance.
            (5) Referral for action under subtitle f.--If a person 
        other than a permittee or lessee violates subsection (a)(5), 
        and the person has not made satisfactory settlement under 
        section 153, the authorized officer shall refer the matter to 
        proper authorities for appropriate legal action by the United 
        States against the violator under subtitle F.
            (6) Subleases.--
                    (A) In general.--A person who violates subsection 
                (b)(4) shall be required to pay to the United States 
                the dollar equivalent value, as determined by the 
                authorized officer, of all compensation received for 
                the sublease that is in excess of the sum of the 
                established grazing fee and the cost incurred by the 
                person for the installation and maintenance of 
                authorized range improvements.
                    (B) Failure to pay.--If the dollar equivalent value 
                is not received by the authorized officer within 30 
                days of receipt of a final decision, the grazing permit 
                or grazing lease shall be canceled.
                    (C) Additional penalty.--Payment under this 
                paragraph shall be in addition to any other penalties 
                the authorized officer may impose under this 
                subsection.
            (7) Failure to use.--After consultation, cooperation, and 
        coordination, the authorized officer may cancel a grazing 
        preference to the extent of failure to use when a permittee or 
        lessee has failed to make substantial grazing use as authorized 
        for two consecutive years.
                  Subtitle F--Unauthorized Grazing Use

SEC. 151. LIABILITY FOR DAMAGES.

    (a) In General.--A person who commits a violation described in 
section 141(b)(5) shall be liable in damages to the United States for--
            (1) the value of forage consumed by the livestock of the 
        person;
            (2) injury to Federal property caused by unauthorized 
        grazing use; and
            (3) expenses incurred in impoundment and sale of the 
        person's livestock.
    (b) No Liability.--In no circumstances shall a person be liable in 
damages to the United States for expenses incurred in impoundment or 
sale of the person's livestock if the person did not commit a violation 
of section 141(b)(5) or if the impoundment or sale was not conducted in 
accordance with State law.

SEC. 152. NOTICE AND ORDER TO REMOVE.

    (a) Known Owner.--
            (1) Service.--When it appears that a violation described in 
        section 151 has occurred or is occurring and the owner of the 
        unauthorized livestock is known, an authorized officer shall 
        serve written notice of unauthorized use and an order to remove 
        livestock by a specified date on the owner (or the owner's 
        agent of record) by certified mail or personal delivery.
            (2) Opportunity to respond.--Written notice under paragraph 
        (1) shall allow a specified time from receipt of notice for the 
        livestock owner to--
                    (A) show that there has been no violation; or
                    (B) make settlement under section 153.
    (b) Unknown Owner.--When it appears that a violation described in 
section 151 has occurred or is occurring and neither the owner of the 
unauthorized livestock nor an agent of the owner is known, an 
authorized officer may immediately proceed to impound the livestock 
under section 154.

SEC. 153. SETTLEMENT.

    (a) Determination of Willfulness.--An authorized officer shall 
determine whether a violation described in section 151 is a nonwillful, 
willful, or second or subsequent willful violation.
    (b) Second or Subsequent Willful Violations.--In the case of a 
second or subsequent willful violation, the authorized officer shall--
            (1) suspend the grazing use authorized under a grazing 
        permit or grazing lease, in whole or in part; or
            (2) cancel a grazing permit or grazing lease and grazing 
        preference, or a free-use grazing permit or other grazing 
        authorization, in whole or in part.
    (c) Settlement Amount.--Except as provided in subsection (e), the 
settlement amount in the case of a violation described in section 151 
shall include--
            (1) the value of forage consumed as determined under 
        subsection (d);
            (2) the full value for all damage to Federal land and other 
        property of the United States resulting from the violation; and
            (3) all reasonable expenses incurred by the United States 
        in detecting, investigating, and resolving the violation, and 
        livestock impoundment costs.
    (d) Value of Forage.--
            (1) Nonwillful violation.--In the case of a nonwillful 
        violation, the value of forage consumed shall be the product 
        of--
                    (A) average monthly rate per animal unit month for 
                pasturing livestock on privately owned land (excluding 
                irrigated land) for the 16 Western States as published 
                annually by the Department of Agriculture; and
                    (B) the period of the violation.
            (2) Willful violations.--In the case of a willful 
        violation, the value of forage consumed shall be twice the 
        value determined under paragraph (1).
            (3) Second or subsequent willful violations.--In the case 
        of a second or subsequent willful violation, the value of 
        forage consumed shall be three times the value determined under 
        paragraph (1).
    (e) Nonmonetary Settlement.--An authorized officer may approve a 
nonmonetary settlement of a case of a violation described in section 
151 if the authorized officer determines that each of the following 
conditions is satisfied:
            (1) No fault.--Evidence shows that the unauthorized use 
        occurred through no fault of the livestock operator.
            (2) Insignificance.--The forage use is insignificant.
            (3) No damage.--Federal land has not been damaged.
            (4) Best interests.--Nonmonetary settlement is in the best 
        interests of the United States.
    (f) Effect of Settlement.--Payment of a settlement amount under 
this section shall not relieve the violator of any criminal liability 
under Federal or State law.
    (g) No Grazing Use.--A person who is found to have committed a 
violation described in section 151 shall not be authorized to make 
grazing use until any settlement amount found to be due under this 
section has been paid.
    (h) Other Sanctions.--An authorized officer may cancel or suspend a 
grazing authorization or deny approval of an application for grazing 
use until a settlement amount found to be due under this section has 
been paid.

SEC. 154. IMPOUNDMENT AND SALE.

    (a) In General.--Subject to section 152(b), unauthorized livestock 
remaining on Federal land after the date specified in a notice and 
order under section 152(a) may be impounded and sold by the authorized 
officer, acting in conjunction with the State Livestock Board.
    (b) Notice of Intent To Impound.--
            (1) Known owner.--
                    (A) Service.--A written notice of intent to impound 
                shall be sent by certified mail or personally delivered 
                to the livestock owner (or the owner's agent).
                    (B) Contents.--The written notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following delivery of 
                the notice.
            (2) Unknown owner.--
                    (A) Publication and posting.--If the livestock 
                owner and owner's agent are unknown, or if both a known 
                owner and the owner's agent refuse to accept delivery 
                of notice, a notice of intent to impound shall be 
                published in a local newspaper and posted at the county 
                courthouse and a post office near the Federal land 
                concerned.
                    (B) Contents.--The notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following publication 
                and posting of the notice.
    (c) Impoundment.--After 10 days following delivery or publication 
and posting of a notice under subsection (b), the notice shall become 
effective, and unauthorized livestock may be impounded without further 
notice any time within the 12-month period following the effective date 
of the notice.
    (d) Notice of Public Sale.--
            (1) In general.--Following the impoundment of livestock 
        under this section, the livestock may be sold by the authorized 
        officer or, if a suitable agreement is in effect, turned over 
        to the State for sale, in accordance with subsection (f).
            (2) Notification.--Any known livestock owner (or owner's 
        agent) shall be notified in writing by certified mail or by 
        personal delivery of the sale and the procedure by which the 
        impounded livestock may be redeemed prior to the sale.
    (e) Redemption.--An owner (or owner's agent) or lienholder of 
record of impounded livestock may redeem the livestock in accordance 
with State law, prior to the time of sale upon settlement with the 
United States under section 153 or adequate showing that there has been 
no violation.
    (f) Sale.--If livestock are not redeemed on or before the date and 
time fixed for sale, the livestock shall be offered at public sale to 
the highest bidder by the authorized officer under State law, or by the 
State.

                         Subtitle G--Procedure

SEC. 161. PROPOSED DECISIONS.

    (a) Proposed Decisions on grazing Permits or Grazing Leases.--
            (1) Service on applicants, permittees, lessees, and 
        lienholders.--In the absence of a written agreement between an 
        authorized officer and any applicant, grazing permittee, 
        lessee, or lienholder, the authorized officer shall serve, by 
        certified mail or personal delivery, a proposed decision on any 
        applicant, permittee, lessee, or lienholder (or agent of record 
        of the applicant, permittee, lessee, or lienholder) that is 
        affected by--
                    (A) a proposed action on an application for a 
                grazing permit, grazing lease, or range improvement 
                permit; or
                    (B) a proposed action relating to a term or 
                condition of a grazing permit, grazing lease, or range 
                improvement permit.
            (2) Contents.--A proposed decision described in paragraph 
        (1) shall
                    (A) state reasons for the action, including 
                reference to pertinent provision of this title or other 
                applicable law (including regulations); and
                    (B) state that any protest to the proposed decision 
                must be filed not later than 15 days after service.
    (b) Proposed Decisions on Alleged Violations.--
            (1) Service.--If the authorized officer determines that a 
        permittee or lessee appears to have violated any provision of 
        this title, the authorized officer shall serve a proposed 
        decision on the permittee or lessee (or permittee's or lessee's 
        agent) by certified mail or personal delivery.
            (2) Contents.--A proposed decision shall--
                    (A) state
                            (i) the alleged violation and refer to the 
                        specific provision of this title that is 
                        alleged to have been violated;
                            (ii) the reasons for the proposed decision;
                            (iii) the fee due under section 137(a) or 
                        settlement amount due under section 153; and
                            (iv) any civil penalty to be imposed under 
                        section 141; and
                    (B) state that any protest to the proposed decision 
                must be filed not later than 15 days after service.

SEC. 162. PROTESTS.

    An applicant, permittee, or lessee may protest a proposed decision 
under section 161 in person or in writing to the authorized officer 
within 15 days after service of the proposed decision.

SEC. 163. FINAL DECISIONS.

    (a) No Protest.--In the absence of a timely filed protest, a 
proposed decision shall become the final decision of the authorized 
officer without further notice.
    (b) Reconsideration.--If a protest is timely filed, the authorized 
officer shall reconsider the proposed decision in light of the 
protestant's statement of reasons for protest and in light of other 
information pertinent to the case.
    (c) Service.--After reviewing the protest, the authorized officer 
shall serve a final decision on the parties to the proceeding.

SEC. 164. APPEALS.

    (a)(1) In General.--After a decision by an authorized officer has 
become final, a permittee or lessee may appeal the final decision for 
the purpose of a hearing before an administrative law judge by filing a 
notice of appeal in the office of the authorized officer within 30 days 
after the service of the final decision. A hearing shall be conducted 
pursuant to 5 U.S.C. 554-559. Any person desiring to appear as amicus 
curiae in any hearing shall make timely request stating the grounds for 
such request. Permission to appear, if granted, will be for such 
purposes as established by the Director of the Department of the 
Interior's Office of Hearings and appeals or the appropriate officer at 
the Department of Agriculture.
    (2) When a grazing decision is appealed to an administrative law 
judge, the burden of proof shall be on the proponent of the rule or 
order. The standard of proof shall be by a preponderance of the 
evidence in the record as a whole.
    (b) Suspension Pending Appeal.--
            (1) In general.--An appeal of a final decision shall 
        suspend the effect of the decision pending final action on the 
        appeal unless the decision is made effective pending appeal 
        under paragraph (2).
            (2) Effectiveness pending appeal.--
                    (A) In general.--A District Manager of the Bureau 
                of Land Management may order that a decision on a 
                grazing permit application shall remain in effect 
                during an appeal of the decision if it is determined 
                that imminent and irreversible damage to land resources 
                would be likely to result from delay of effectiveness 
                of the decision.
                    (B) Basis of order.--An order under subparagraph 
                (A) shall be made in accordance with
                            (i) state-of-the-art science;
                            (ii) information and opinions offered by 
                        State land grant universities; and
                            (iii) the preponderance of evidence 
                        gathered in the proceeding.
            (3) District Manager's Duties Concerning Appeals.--In the 
        case of an appeal concerning grazing on lands administered by 
        the Department of the Interior, the District Manager shall, 
        within 30 days, forward the appeal, and any pertinent 
        information that would be useful in the rendering of a decision 
        on such appeal, to the Office of Hearings and Appeals. The 
        Office of Hearings and Appeals shall make an expedited 
        determination whether the determination of the District Manager 
        pursuant to subsection (b) of this section to have a decision 
        on a grazing permit application take immediate effect is 
        warranted.
    (d) Forest Service Appeals.--Appeals regarding grazing leases or 
permits on lands administered by the Chief of the Forest Service shall 
be handled accordingly to the regulations codified in 36 CFR 215, 217, 
or 251, whichever is applicable.

                    Subtitle H--Advisory Committees

SEC. 171. PURPOSE.

    This subtitle contains standards and procedures for the 
establishment, operation, and termination of advisory committees to 
advise the Secretary of the Interior and the Secretary of Agriculture 
on matters relating to grazing on Federal land and resources under the 
administrative jurisdiction of the Bureau of Land Management and the 
Forest Service.

SEC. 172. OBJECTIVE.

    The objective of an advisory committee established under this 
subtitle is to provide to the Secretary expert recommendations of 
concerned, knowledgeable citizens and public officials regarding--
            (1) the formulation of operating guidelines; and
            (2) the preparation and execution of plans and programs for 
        the use and management of Federal land, the natural and 
        cultural resources on Federal land, and the environment.

SEC. 173. RELATION TO OTHER LAW.

    Except to the extent that the following laws may be inconsistent 
with this subtitle, the following laws shall apply to an advisory 
committee established under this subtitle:
            (1) The Federal Advisory Committee Act (5 U.S.C. App.).
            (2) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            (3) Section 2 of Reorganization Plan No. 3 of 1950 (5 
        U.S.C. App.).

SEC. 174. POLICY.

    (a) In General.--After consultation, cooperation, and coordination 
with State and local government officials, the Secretary shall 
establish advisory committees representative of major citizens' 
interests to advise the Secretary regarding the policies and programs 
set forth in this Act.
    (b) Optimal Employment.--The Secretary shall ensure that--
            (1) advisory committees are optimally utilized; and
            (2) the number of advisory committees is limited to the 
        number that is essential to the conduct of the public's 
        business.

SEC. 175. GENERAL PROVISIONS.

    (a) Charters.--
            (1) In general.--For each advisory committee established by 
        the Secretary pursuant to this Act, the Secretary shall--
                    (A) prepare a charter describing the advisory 
                committee's structure and functions; and
                    (B) file the charter with the Committee on Energy 
                and Natural Resources of the Senate and the Committee 
                on Resources of the House of Representatives.
            (2) Amendment.--Except for the correction of errors and 
        other minor changes, a charter filed under paragraph (1) shall 
        not be amended without authorization by an Act of Congress.
    (b) Calls for Nominations.--Candidates for appointment to an 
advisory committee shall be sought through public calls for nominations 
made through publication in the Federal Register and through media 
releases and systematic contacts with State and local government 
officials and individuals and organizations interested in the use and 
management of Federal land and resources.
    (c) Composition.--
            (1) Structure.--An advisory committee shall be structured--
                    (A) to provide fair membership balance (geographic 
                and interest-specific) in terms of the functions to be 
                performed and points of view to be represented, as 
                prescribed by the advisory committee's charter; and
                    (B) to provide representative advice about Federal 
                land and resource planning, retention, management, and 
                disposal.
            (2) No discrimination.--No person shall be denied an 
        opportunity to serve on an advisory committee because of race, 
        age, sex, religion, or national origin.
            (3) Qualifications.--A person shall be qualified to serve 
        on an advisory committee if--
                    (A) the person's education, training, or experience 
                enables the person to give informed and objective 
                advice regarding an industry, discipline, or interest 
                specified in the committee's charter;
                    (B) the person has demonstrated experience or 
                knowledge of the geographical area under the purview of 
                the advisory committee; and
                    (C) the person has demonstrated a commitment to 
                seeking consensus solutions to resource management 
                issues.
    (d) Avoidance of Conflicts of Interest.--
            (1) Participation in deliberations.--An advisory committee 
        member shall not participate in deliberations or vote on any 
        matter if the decision of the matter would, on its face or as 
        applied, affect only an interest held by that member and not 
        the interests of permittees or lessees generally.
            (2) Disclosure of interests.--In general.--Each member of 
        an advisory committee shall be required to disclose the 
        member's direct or indirect interest, including holdings of a 
        spouse or dependent children of a member, in grazing leases, 
        licenses, permits, contracts, or claims and related litigation 
        that involve lands or resources administered by the Secretary.
    (e) Termination of Service.--The Secretary may, after written 
notice, terminate the service of a member of an advisory committee if--
            (1) the member--
                    (A) no longer meets the requirements under which 
                appointed;
                    (B) fails or is unable to participate regularly in 
                committee work; or
                    (C) has violated Federal law (including a 
                regulation); or
            (2) in the judgment of the Secretary, termination is in the 
        public interest.
    (f) Compensation and Reimbursement of Expenses.--A member of an 
advisory committee shall not receive any compensation or reimbursement 
of expenses in connection with the performance of the member's duties 
as a member of the advisory committee.

SEC. 176. RESOURCE ADVISORY COUNCILS.

    (a) Establishment.--The Secretary, in consultation with the 
Governors of the affected States, shall establish and operate Resource 
Advisory Councils on a regional, State, or planning area level to 
provide advice on management issues for all lands administered by the 
Bureau of Land Management within such State or regional area, except 
where the Secretary determines that there is insufficient interest in 
participation on a council to ensure that membership can be fairly 
balanced in terms of the points of view represented and the functions 
to be performed.
    (b) Duties.--Each Resource Advisory Council shall advise the 
Secretary and appropriate State officials on--
            (1) matters regarding the preparation, amendment, and 
        implementation of land use and activity plans for public lands 
        and resources within its area;
            (2) major management decisions while working within the 
        broad management goals established for the grazing district; 
        and on
            (3) matters relating to the development of and range 
        management decisions and actions taken regarding allotment 
        management plans prepared pursuant to section 121.
    (c) Disregard of Advice.--
            (1) Request for response.--If a resource advisory council 
        becomes concerned that its advice is being arbitrarily 
        disregarded, the resource advisory council may, by majority 
        vote of its members, request that the Secretary respond 
        directly to the resource advisory council's concerns within 60 
        days after the Secretary receives the request.
            (2) Effect of response.--The response of the Secretary to a 
        request under paragraph (1) shall not--
                    (A) constitute a decision on the merits of any 
                issue that is or might become the subject of an 
                administrative appeal; or
                    (B) be subject to appeal.
    (d) Membership.--
            (1) The Secretary, in consultation with the Governor of the 
        affected State or States, shall appoint the members of each 
        Resource Advisory Council. A council shall consist of not less 
        than nine members and not more than fifteen members.
            (2) In appointing members to a Resource Advisory Council, 
        the Secretary shall provide for balanced and broad 
        representation from among various groups, including but not 
        limited to, permittees and lessees, other commercial interests, 
        recreational users, representatives of recognized local 
        environmental or conservation organizations, educational, 
        professional, or academic interests, representatives of State 
        and local government or governmental agencies, Indian tribes, 
        and other members of the affected public.
            (3) The Secretary shall appoint at least one elected 
        official of general purpose government serving the people of 
        the area of each Resource Advisory Council.
            (4) No person may serve concurrently on more than one 
        Resource Advisory Council.
            (5) Members of a Resource Advisory Council must reside in 
        one of the States within the geographic jurisdiction of the 
        council.
    (e) Subgroups.--A Resource Advisory Council may establish such 
subgroups as the council deems necessary, including but not limited to 
working groups, technical review teams, and rangeland resource groups.
    (f) Terms.--Resource Advisory Council members shall be appointed 
for two-year terms. Members may be appointed to additional terms at the 
discretion of the Secretary.
    (g) Per Diem Expenses.--Resource Advisory Council members shall 
serve without compensation as such, but shall be reimbursed for travel 
and per diem expenses while on official business, as authorized by 
section 5703 of title 5, United States Code.
    (h) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this section, the Federal Advisory Committee Act 
shall apply to the Resource Advisory Councils established under this 
section.
    (i) Other FLPMA Advisory Councils.--Nothing in this section shall 
be construed as modifying the authority of the Secretary to establish 
other advisory councils under section 309 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1739).

SEC. 177. GRAZING ADVISORY BOARDS.

    (a) Establishment.--For each district office of the Bureau of Land 
Management in the sixteen contiguous Western States having jurisdiction 
over more than 500,000 acres of public lands subject to commercial 
livestock grazing, the Secretary, upon the petition of a simple 
majority of livestock lessees and permittees under the jurisdiction of 
such office, shall establish and maintain at least one Grazing Advisory 
Board of not more than fifteen members.
    (b) Function.--The function of the Grazing Advisory Boards 
established pursuant to this section shall be to provide advice to the 
Secretary concerning management issues directly related to the grazing 
of livestock on public lands, including--
            (1) range improvement objectives;
            (2) the expenditure of range improvement funds under the 
        Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et 
        seq.);
            (3) grazing management programs and implementation; and
            (4) range management decisions and actions at the allotment 
        management plan level or permit management plan level.
    (c) Disregard of Advice.--
            (1) Request for response.--If a grazing advisory board 
        becomes concerned that its advice is being arbitrarily 
        disregarded, the grazing advisory board may, by unanimous vote 
        of its members, request that the Secretary respond directly to 
        the grazing advisory board's concerns within 60 days after the 
        Secretary receives the request.
            (2) Effect of response.--The response of the Secretary to a 
        request under paragraph (1) shall not--
                    (A) constitute a decision on the merits of any 
                issue that is or might become the subject of an 
                administrative appeal; or
                    (B) be subject to appeal.
    (d) Members.--The number of members on each Grazing Advisory Board 
shall be determined by the Secretary. Members shall serve for a term of 
two years. Each board shall
 consist of livestock representatives who shall be lessees or 
permittees in the area administered by the district office and shall be 
chosen by the lessees and permittees in the area through an election 
prescribed by the Secretary.
    (e) Per Diem Expenses.--Grazing Advisory Board members shall serve 
without compensation as such, but shall be reimbursed for travel and 
per diem expenses while on official business, as authorized by section 
5703 of title 5, United States Code.
    (f) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this section, the Federal Advisory Committee Act 
shall apply to the Resource Advisory Councils established under this 
section.

SEC. 178. MEETINGS.

    (a) In General.--All meetings of an advisory committee and 
associated field examinations shall be open to the public and news 
media.
    (b) Notice of Meetings.--
            (1) In general.--A notice of a meeting of an advisory 
        committee shall be published in the Federal Register and 
        distributed to the news media at least 30 days in advance of 
        the meeting.
            (2) Urgent matters.--If an urgent matter arises, a notice 
        of a meeting of an advisory committee shall be published in the 
        Federal Register or distributed to the news media at least 15 
        days in advance of the meeting.
            (3) Contents.--A notice of a meeting of an advisory 
        committee shall state the date, time, and place of the meeting 
        and describe the topics or issues to be discussed at the 
        meeting.
    (c) Appearances.--Any person may appear before or file a statement 
with an advisory committee regarding matters on the meeting agenda.
    (d) Scheduling.--The scheduling of meetings of an advisory 
committee and the preparation of agenda shall be done in a manner that 
encourages and facilitates public attendance and participation.
    (e) Extension of Time.--The amount of time scheduled for a meeting 
of an advisory committee may be extended if an authorized officer 
considers it necessary to accommodate all who seek to be heard 
regarding matters on the agenda.
    (f) Authority To Schedule.--An advisory committee shall meet only 
at the call of the Secretary or of an authorized officer.
    (g) Attendance by Authorized Officer.--No meeting of an advisory 
committee shall be held in the absence of an authorized officer or 
designee of an authorized officer.
    (h) Agenda.--A meeting of an advisory committee shall be conducted 
with close adherence to the agenda approved in advance by an authorized 
officer.
    (i) Adjournment.--An authorized officer may adjourn a meeting of an 
advisory committee at any time if--
            (1) continuance would be inconsistent with the purpose for 
        which the meeting was called or with the rules established for 
        the conduct of the advisory committee; or
            (2) adjournment is determined to be in the public interest.
    (j) Records.--
            (1) In general.--Detailed records shall be kept of each 
        meeting of an advisory committee.
            (2) Requirements.--The records of a meeting of an advisory 
        committee shall include, at a minimum--
                    (A) the time and place of the meeting;
                    (B) copies of the Federal Register and other public 
                notices announcing the meeting;
                    (C) a list of members of the advisory committee and 
                of Federal employees (in the capacity of Federal 
                employee) present;
                    (D) a list of members of the public present, and a 
                description of the interest represented by each member;
                    (E) the meeting agenda;
                    (F) a complete summary description of matters 
                discussed and conclusions reached;
                    (G) a list of recommendations made by the advisory 
                committee;
                    (H) copies of all reports received, issued, or 
                approved by the advisory committee; and
                    (I) a description of the nature of public 
                participation.
            (3) Certification by chairperson.--The Chairperson of an 
        advisory committee shall certify the accuracy of the records of 
        the advisory committee.
            (4) Availability for inspection and copying.--All records, 
        reports, transcripts, minutes, recommendations, studies, 
        working papers, and other documents prepared by or submitted to 
        an advisory committee shall be available for public inspection 
        and copying in the Federal office responsible for support of 
        the advisory committee.
    (k) Subcommittees.--Each of the requirements of this section that 
applies to an advisory committee applies to any subcommittee of an 
advisory committee.

SEC. 179. CONFORMING AMENDMENT AND REPEAL.

    (a) Amendment.--The third sentence of section 402(d) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)) is amended 
by striking ``district grazing advisory boards established pursuant to 
section 403 of the Federal Land Policy and Management Act (43 U.S.C. 
1753)'' and inserting ``resource advisory councils and grazing advisory 
boards established under section 176 and section 177 of the Livestock 
Grazing Act''.''
    (b) Repeal.--Section 403 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1753) is repealed.

                          Subtitle I--Reports

SEC. 181. REPORTS.

    (a) In General.--Not later than March 1, 1997, and annually 
thereafter, the Secretary shall submit to Congress a report that 
contains--
            (1) an itemization of revenues received and costs incurred 
        directly in connection with the management of grazing on 
        Federal land; and
            (2) recommendations for reducing administrative costs and 
        improving the overall efficiency of Federal rangeland 
        management.
    (b) Itemization.--If the itemization of costs under subsection 
(a)(1) includes any costs incurred in connection with the 
implementation of any law other than a statute cited in section 102, 
the Secretary shall include with specificity the costs associated with 
implementation of each such statute.
              TITLE II--MANAGEMENT OF NATIONAL GRASSLANDS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Grasslands Management Act 
of 1995''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the inclusion of the National Grasslands within the 
        National Forest System has prevented the Secretary of 
        Agriculture from effectively administering and promoting 
        grassland agriculture on National Grasslands as originally 
        intended under the Bankhead-Jones Farm Tenant Act;
            (2) the National Grasslands can be more effectively managed 
        by the Secretary of Agriculture if administered as a separate 
        entity outside of the National Forest System; and
            (3) a grazing program on National Grasslands can be 
        responsibly carried out while protecting and preserving 
        recreational, environmental, and other multiple uses of the 
        National Grasslands.
    (b) Purpose.--The purpose of this title is to provide for improved 
management and more efficient administration of grazing activities on 
National Grasslands while preserving and protecting multiple uses of 
such lands, including but not limited to preserving hunting, fishing, 
and recreational activities, and protecting wildlife habitat in 
accordance with applicable laws.

SEC. 203. DEFINITIONS.

    As used in this title, the term--
            (1) ``National Grasslands'' means those areas managed as 
        National Grasslands by the Secretary of Agriculture under title 
        III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012) 
        on the day before the date of enactment of this title; and
            (2) ``Secretary'' means the Secretary of Agriculture.

SEC. 204. REMOVAL OF NATIONAL GRASSLANDS FROM NATIONAL FOREST SYSTEM.

    Section 11(a) of the Forest Rangeland Renewable Resource Planning 
Act of 1974 (16 U.S.C. 1609(a)) is amended by striking the phrase ``the 
national grasslands and land utilization projects administered under 
title III of the Bankhead-Jones Farm Tenant Act (50 Stat 525, 7 U.S.C. 
1010-1012),''.

SEC. 205. MANAGEMENT OF NATIONAL GRASSLANDS.

    (a) In General.--The Secretary, acting through the Chief of the 
Forest Service, shall manage the National Grasslands as a separate 
entity in accordance with this title and the provisions and multiple 
use purposes of title III of the Bankhead-Jones Farm Tenant Act (7 
U.S.C. 1010-1012).
    (b) Consultation.--The Secretary shall provide timely opportunities 
for consultation and cooperation with interested State and local 
governmental entities and others in the development of land use 
policies and plans, and land conservation programs for the National 
Grasslands.
    (c) Grazing Activities.--In furtherance of the purposes of this 
title, the Secretary shall administer grazing permits and implement 
grazing management decisions in consultation, cooperation, and 
coordination with local grazing associations and other grazing permit 
holders.
    (d) Regulations.--The Secretary shall promulgate regulations to 
manage and protect the National Grasslands, taking into account the 
unique characteristics of the National Grasslands and grasslands 
agriculture conducted under the Bankhead-Jones Farm Tenant Act. Such 
regulations shall facilitate the efficient administration of grazing 
and provide protection for the environment, wildlife, wildlife habitat, 
and Federal lands equivalent to that on units of the National Forest 
System.
    (e) Conforming Amendment to Bankhead-Jones Act.--Section 31 of the 
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is amended to read as 
follows:
    ``To accomplish the purposes of title III of this Act, the 
Secretary is authorized and directed to develop a separate program of 
land conservation and utilization for the National Grasslands, in order 
thereby to correct maladjustments in land use, and thus assist in 
promoting grassland agriculture and secure occupancy and economic 
stability of farms and ranches, controlling soil erosion, 
reforestation, preserving and protecting natural resources, protecting 
fish and wildlife and their habitat, developing and protecting 
recreational opportunities and facilities, mitigating floods, 
preventing impairment of dams and reservoirs, developing energy 
resources, conserving surface and subsurface moisture, protecting the 
watersheds of navigable streams, and protecting the public lands, 
health, safety and welfare, but not to build industrial parks or 
commercial enterprises.''.
    (f) Hunting, Fishing, and Recreational Activities.--Nothing in this 
title shall be construed as limiting or precluding hunting or fishing 
activities on National Grasslands in accordance with applicable Federal 
and State laws, nor shall appropriate recreational activities be 
limited or precluded.
    (g) Valid Existing Rights.--Nothing in this title shall affect 
valid existing rights, reservations, agreements, or authorizations. 
Section 1323(a) of Public Law 96-487 shall continue to apply to non-
Federal and interests therein within the boundaries of the National 
Grasslands.
S 852 RS----2
S 852 RS----3
S 852 RS----4
S 852 RS----5
S 852 RS----6
S 852 RS----7
S 852 RS----8
S 852 RS----9
S 852 RS----10
S 852 RS----11
```