IB 

Union Calendar No. 105 

113TH CONGRESS 

1ST SESSION H. R. 657 

[Report No. 113–145, Part 1] 

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

the management of grazing leases and permits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Mr. LABRADOR (for himself, Mr. AMODEI, Mr. COSTA, Mr. GOSAR, Mr. 

MCCLINTOCK, Mrs. NOEM, Mr. THOMPSON of Pennsylvania, Mr. TIPTON, 

Mr. SIMPSON, and Mr. WALDEN) introduced the following bill; which was 

referred to the Committee on Natural Resources, and in addition to the 

Committee on Agriculture, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JULY 9, 2013 

Additional sponsors: Mrs. LUMMIS, Mr. DAINES, Mr. PEARCE, Mr. CRAMER, 

Mr. LAMALFA, and Mr. STEWART

JULY 9, 2013 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 9, 2013 

The Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 13, 2013] 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 657 RH

A BILL 

To amend the Federal Land Policy and Management Act 

of 1976 to improve the management of grazing leases 

and permits, and for other purposes. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 657 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Grazing Improvement 

5 Act’’. 

6 SEC. 2. TERMS OF GRAZING PERMITS AND LEASES. 

7 Section 402 of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1752) is amended— 

9 (1) by striking ‘‘ten years’’ each place it appears 

10 and inserting ‘‘20 years’’; 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘or’’ at the end of each of 

13 paragraphs (1) and (2); 

14 (B) in paragraph (3), by striking the period 

15 at the end and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(4) the initial environmental analysis under 

18 National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) regarding a grazing allotment, 

20 permit, or lease has not been completed.’’; and 

21 (3) after subsection (h), insert the following new 

22 subsection: 

23 ‘‘(i) Only applicants, permittees and lessees whose in24 terest in grazing livestock is directly affected by a final 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 657 RH

1 grazing decision may appeal the decision to an administra2 tive law judge.’’. 

3 SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZ4 ING PERMITS AND LEASES. 

5 (a) AMENDMENT.—Title IV of the Federal Land Policy 

6 and Management Act of 1976 (43 U.S.C. 1751 et seq.) is 

7 amended by adding at the end the following: 

8 ‘‘SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF 

9 GRAZING PERMITS AND LEASES. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) CURRENT GRAZING MANAGEMENT.—The 

12 term ‘current grazing management’ means grazing in 

13 accordance with the terms and conditions of an exist14 ing permit or lease and includes any modifications 

15 that are consistent with an applicable Department of 

16 Interior resource management plan or Department of 

17 Agriculture land use plan. 

18 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec19 retary concerned’ means— 

20 ‘‘(A) the Secretary of Agriculture, with re21 spect to National Forest System land; and 

22 ‘‘(B) the Secretary of the Interior, with re23 spect to land under the jurisdiction of the De24 partment of the Interior. 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 657 RH

1 ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND PEND2 ING PROCESSING.—A grazing permit or lease issued by the 

3 Secretary of the Interior, or a grazing permit issued by the 

4 Secretary of Agriculture regarding National Forest System 

5 land, that expires, is transferred, or is waived shall be re6 newed or reissued under, as appropriate— 

7 ‘‘(1) section 402; 

8 ‘‘(2) section 19 of the Act of April 24, 1950 

9 (commonly known as the ‘Granger-Thye Act’; 16 

10 U.S.C. 580l); 

11 ‘‘(3) title III of the Bankhead-Jones Farm Ten12 ant Act (7 U.S.C. 1010 et seq.); or 

13 ‘‘(4) section 510 the California Desert Protection 

14 Act of 1994 (16 U.S.C. 410aaa–50). 

15 ‘‘(c) TERMS; CONDITIONS.—The terms and conditions 

16 (except the termination date) contained in an expired, 

17 transferred, or waived permit or lease described in sub18 section (b) shall continue in effect under a renewed or re19 issued permit or lease until the date on which the Secretary 

20 concerned completes the processing of the renewed or re21 issued permit or lease that is the subject of the expired, 

22 transferred, or waived permit or lease, in compliance with 

23 each applicable law. 

24 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICATION.— 

25 Notwithstanding subsection (c), a permit or lease described 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 657 RH

1 in subsection (b) may be cancelled, suspended, or modified 

2 in accordance with applicable law. 

3 ‘‘(e) RENEWAL TRANSFER REISSUANCE AFTER PROC4 ESSING.—When the Secretary concerned has completed the 

5 processing of the renewed or reissued permit or lease that 

6 is the subject of the expired, transferred, or waived permit 

7 or lease, the Secretary concerned shall renew or reissue the 

8 permit or lease for a term of 20 years after completion of 

9 processing. 

10 ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

11 POLICY ACT OF 1969.—The renewal, reissuance, or transfer 

12 of a grazing permit or lease by the Secretary concerned shall 

13 be categorically excluded from the requirement to prepare 

14 an environmental assessment or an environmental impact 

15 statement if— 

16 ‘‘(1) the decision continues to renew, reissue, or 

17 transfer the current grazing management of the allot18 ment; 

19 ‘‘(2) monitoring of the allotment has indicated 

20 that the current grazing management has met, or has 

21 satisfactorily progressed towards meeting, objectives 

22 contained in the land use and resource management 

23 plan of the allotment, as determined by the Secretary 

24 concerned; or 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 657 RH

1 ‘‘(3) the decision is consistent with the policy of 

2 the Department of the Interior or the Department of 

3 Agriculture, as appropriate, regarding extraordinary 

4 circumstances. 

5 ‘‘(g) PRIORITY AND TIMING FOR COMPLETING ENVI6 RONMENTAL ANALYSES.—The Secretary concerned, in the 

7 sole discretion of the Secretary concerned, shall determine 

8 the priority and timing for completing each required envi9 ronmental analysis regarding any grazing allotment, per10 mit, or lease based on the environmental significance of the 

11 allotment, permit, or lease and available funding for that 

12 purpose. 

13 ‘‘(h) NEPA EXEMPTIONS.—The National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

15 not apply to the following: 

16 ‘‘(1) Crossing and trailing authorizations of do17 mestic livestock. 

18 ‘‘(2) Transfer of grazing preference. 

19 ‘‘(3) Range improvements as defined under 43 

20 U.S.C. 315c and 16 U.S.C. 580h.’’. 

21 (b) TABLE OF CONTENTS.—The table of contents for 

22 the Federal Land Policy and Management Act of 1976 is 

23 amended by adding after the item for section 404, the fol24 lowing: 

‘‘Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 105 

113TH CONGRESS 

1ST SESSION H. R. 657 

[Report No. 113–145, Part 1] 

A BILL 

To amend the Federal Land Policy and Manageposes. grazing leases and permits, and for other pur- ment Act of 1976 to improve the management of 

JULY 9, 2013 

Reported from the Committee on Natural Resources with 

J

an amendment 

ULY 9, 2013 

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


emcdonald on DSK67QTVN1PROD with BILLS