I 

113TH CONGRESS 

1ST SESSION H. R. 657 

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 

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. 

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’’. 


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

2 Section 402 of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1752) is amended— 

4 (1) by striking ‘‘ten years’’ each place it ap5 pears and inserting ‘‘20 years’’; and 

6 (2) in subsection (b)— 

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

8 paragraphs (1) and (2); 

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting ‘‘; or’’; and 

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

12 ‘‘(4) the initial environmental analysis under 

13 National Environmental Policy Act of 1969 (42 

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

15 permit, or lease has not been completed.’’. 

16 SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZ17 ING PERMITS AND LEASES. 

18 (a) AMENDMENT.—Title IV of the Federal Land Pol19 icy and Management Act of 1976 (43 U.S.C. 1751 et seq.) 

20 is amended by adding at the end the following: 

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

22 GRAZING PERMITS AND LEASES. 

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

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

25 term ‘current grazing management’ means grazing 

26 in accordance with the terms and conditions of an 


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1 existing permit or lease and includes any modifica2 tions that are consistent with an applicable Depart3 ment of Interior resource management plan or De4 partment of Agriculture land use plan. 

5 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec6 retary concerned’ means— 

7 ‘‘(A) the Secretary of Agriculture, with re8 spect to National Forest System land; and 

9 ‘‘(B) the Secretary of the Interior, with re10 spect to land under the jurisdiction of the De11 partment of the Interior. 

12 ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND

13 PENDING PROCESSING.—A grazing permit or lease issued 

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

15 by the Secretary of Agriculture regarding National Forest 

16 System land, that expires, is transferred, or is waived shall 

17 be renewed or reissued under, as appropriate— 

18 ‘‘(1) section 402; 

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

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

21 U.S.C. 580l); 

22 ‘‘(3) title III of the Bankhead-Jones Farm Ten23 ant Act (7 U.S.C. 1010 et seq.); or 

24 ‘‘(4) section 510 the California Desert Protec25 tion Act of 1994 (16 U.S.C. 410aaa–50). 


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1 ‘‘(c) TERMS; CONDITIONS.—The terms and condi2 tions (except the termination date) contained in an ex3 pired, transferred, or waived permit or lease described in 

4 subsection (b) shall continue in effect under a renewed or 

5 reissued permit or lease until the date on which the Sec6 retary concerned completes the processing of the renewed 

7 or reissued permit or lease that is the subject of the ex8 pired, transferred, or waived permit or lease, in compli9 ance with each applicable law. 

10 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA11 TION.—Notwithstanding subsection (c), a permit or lease 

12 described in subsection (b) may be cancelled, suspended, 

13 or modified in accordance with applicable law. 

14 ‘‘(e) RENEWAL TRANSFER REISSUANCE AFTER

15 PROCESSING.—When the Secretary concerned has com16 pleted the processing of the renewed or reissued permit 

17 or lease that is the subject of the expired, transferred, or 

18 waived permit or lease, the Secretary concerned shall 

19 renew or reissue the permit or lease for a term of 20 years 

20 after completion of processing. 

21 ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

22 POLICY ACT OF 1969.—The renewal, reissuance, or trans23 fer of a grazing permit or lease by the Secretary concerned 

24 shall be categorically excluded from the requirement to 


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1 prepare an environmental assessment or an environmental 

2 impact statement if— 

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

4 transfer the current grazing management of the al5 lotment; 

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

7 that the current grazing management has met, or 

8 has satisfactorily progressed towards meeting, objec9 tives contained in the land use and resource manage10 ment plan of the allotment, as determined by the 

11 Secretary concerned; or 

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

13 the Department of the Interior or the Department 

14 of Agriculture, as appropriate, regarding extraor15 dinary circumstances. 

16 ‘‘(g) PRIORITY AND TIMING FOR COMPLETING ENVI17 RONMENTAL ANALYSES.—The Secretary concerned, in the 

18 sole discretion of the Secretary concerned, shall determine 

19 the priority and timing for completing each required envi20 ronmental analysis regarding any grazing allotment, per21 mit, or lease based on the environmental significance of 

22 the allotment, permit, or lease and available funding for 

23 that purpose. 


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1 ‘‘(h) NEPA EXEMPTIONS.—The National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

3 not apply to the following: 

4 ‘‘(1) Crossing and trailing authorizations of do5 mestic livestock. 

6 ‘‘(2) Transfer of grazing preference.’’. 

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

8 the Federal Land Policy and Management Act of 1976 

9 is amended by adding after the item for section 404, the 

10 following: 

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

Æ 


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