I 

117TH CONGRESS 

2D SESSION H. R. 6935 

To expand the authorization of voluntary Federal grazing permit retirement, 

provide increased flexibility for Federal grazing permittees, promote the 

equitable resolution or avoidance of conflicts on Federal lands managed 

by the Department of Agriculture or the Department of the Interior, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2022 

Mr. SMITH of Washington (for himself and Mr. HUFFMAN) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To expand the authorization of voluntary Federal grazing 

permit retirement, provide increased flexibility for Federal grazing permittees, promote the equitable resolution 

or avoidance of conflicts on Federal lands managed by 

the Department of Agriculture or the Department of 

the Interior, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Voluntary Grazing Permit Retirement Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Voluntary Grazing permit retirement program. 

Sec. 5. Effect of waiver of grazing permit. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Voluntary grazing permit retirement is a 

6 successful land management tool that has been au7 thorized by Congress for specific purposes and in 

8 numerous areas throughout the 16 Western States, 

9 including Death Valley National Park, Capitol Reef 

10 National Park, Arches National Park, Cascade11 Siskiyou National Monument, Oregon Caves Na12 tional Monument and Preserve, and Wilderness 

13 Areas in the Owyhee Canyonlands and Boulder14 White Clouds. 

15 (2) Expanding the authority for voluntary graz16 ing permit retirement to include all Federal lands 

17 managed by the Department of Agriculture and the 

18 Department of the Interior in the 16 Western States 

19 will aid in the resolution of land and resource man20 agement conflicts, and provide Federal grazing per21 mittees and lessees with increased flexibility and op22 portunities when making decisions about the future 

23 of their livestock operations. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATIVELY RETIRED GRAZING AL4 LOTMENT.—The term ‘‘administratively retired graz5 ing allotment’’ means a grazing allotment, or portion 

6 of a grazing allotment, on Federal lands managed by 

7 the Secretary that is or becomes vacant or closed 

8 due to the voluntary waiver of the grazing permit or 

9 lease by the holder of the grazing permit issued by 

10 the Secretary with the intention of permanently end11 ing livestock grazing on that grazing allotment or a 

12 portion of a grazing allotment as a result of an 

13 agreement with a third party. 

14 (2) COMMERCIAL LIVESTOCK GRAZING OR LIVE15 STOCK GRAZING.—The term ‘‘commercial livestock 

16 grazing’’ or ‘‘livestock grazing’’— 

17 (A) means the grazing of domestic live18 stock on Federal lands as authorized by a graz19 ing permit or lease; and 

20 (B) does not include beasts of burden while 

21 used for recreational or administrative pur22 poses. 

23 (3) GRAZING ALLOTMENT.—The term ‘‘grazing 

24 allotment’’ means the designated portion of Federal 

25 land upon which domestic livestock are authorized to 

26 graze by a grazing permit or lease. 


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1 (4) GRAZING PERMIT; LEASE.—The terms 

2 ‘‘grazing permit or lease’’ and ‘‘grazing permit and 

3 lease’’ mean any document authorizing the use of 

4 Federal lands for the purpose of commercial live5 stock grazing. 

6 (5) PERMITTEE; LESSEE.—The terms ‘‘per7 mittee or lessee’’ and ‘‘permittee and lessee’’ mean 

8 a livestock operator that holds a valid existing graz9 ing permit or lease. 

10 (6) RANGE DEVELOPMENTS.—The term ‘‘range 

11 developments’’— 

12 (A) means structures, fences, and other 

13 permanent fixtures placed on Federal lands for 

14 the furtherance of the purpose of livestock graz15 ing; and 

16 (B) does not include rolling stock, live17 stock, and diversions of water from Federal 

18 lands onto non-Federal lands. 

19 (7) SECRETARIES.—The term ‘‘Secretaries’’ re20 fers to the Secretary of Agriculture and the Sec21 retary of the Interior. 

22 (8) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture or the Secretary of the 

24 Interior, as appropriate to the administration of a 

25 grazing permit or lease. 


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1 (9) 16 WESTERN STATES.—The term ‘‘16 West2 ern States’’ refers to Arizona, California, Colorado, 

3 Idaho, Kansas, Montana, Nebraska, Nevada, New 

4 Mexico, North Dakota, Oklahoma, Oregon, South 

5 Dakota, Utah, Washington, and Wyoming. 

6 SEC. 4. VOLUNTARY GRAZING PERMIT RETIREMENT PRO7 GRAM. 

8 (a) VOLUNTARY WAIVER OF GRAZING PERMIT OR

9 LEASE.— 

10 (1) ACCEPTANCE BY SECRETARY.—Subject to 

11 the limitation set forth in subsection (c)(2), the Sec12 retary shall accept, on a first-come, first-served 

13 basis, any grazing permit or lease related to Federal 

14 land in the 16 Western States that is voluntarily 

15 waived by a grazing permittee or lessee with the in16 tention of permanently ending livestock grazing on 

17 that grazing allotment or on a portion of that graz18 ing allotment. 

19 (2) TERMINATION.—The Secretary shall imme20 diately terminate any grazing permit or lease accept21 ed under paragraph (1). 

22 (3) NO NEW GRAZING PERMIT OR LEASE.— 

23 With respect to each grazing permit or lease volun24 tarily waived under paragraph (1), the Secretary 

25 shall— 


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1 (A) not issue any new grazing permit or 

2 lease within the grazing allotment covered by 

3 the grazing permit or lease; and 

4 (B) ensure a permanent end to livestock 

5 grazing on the grazing allotment covered by the 

6 grazing permit or lease. 

7 (b) WAIVER OF GRAZING PERMIT OR LEASE ON

8 COMMON ALLOTMENTS.— 

9 (1) IN GENERAL.—If a grazing allotment or 

10 portion of a grazing allotment covered by a grazing 

11 permit or lease that is waived under subsection (a) 

12 is also covered in part or in whole by another graz13 ing permit or lease that is not waived, the Secretary 

14 shall reduce the level of commercial livestock grazing 

15 on the grazing allotment to reflect the waiver. 

16 (2) AUTHORIZED LEVEL.—To ensure that there 

17 is a permanent reduction in the level of livestock 

18 grazing on the land covered by the grazing permit 

19 or lease waived under subsection (a), the Secretary 

20 shall not allow grazing to exceed the level established 

21 under paragraph (1). 

22 (c) LIMITATION.— 

23 (1) IN GENERAL.—The Secretaries shall accept 

24 per fiscal year under this section— 


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1 (A) not more than 100 grazing permits, in 

2 the aggregate. for all of the 16 Western States; 

3 and 

4 (B) not more than 25 grazing permits for 

5 land located in whole or in part in any indi6 vidual State. 

7 (2) APPLICABILITY.—This limitation shall not 

8 apply to administratively retired grazing allotments 

9 as of the effective date of this Act. 

10 (d) ADMINISTRATIVELY RETIRED GRAZING ALLOT11 MENTS.—With respect to grazing allotments administra12 tively retired before the date of the enactment of this Act, 

13 the Secretary shall— 

14 (1) not issue any new grazing permit or lease 

15 within the grazing allotment covered by the grazing 

16 permit or lease; and 

17 (2) ensure a permanent end to livestock grazing 

18 on the grazing allotment covered by the grazing per19 mit or lease. 

20 SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT. 

21 (a) EFFECT ON RANGE DEVELOPMENTS.—A per22 mittee or lessee who waives a grazing permit or lease to 

23 the Secretary under section 4 shall be deemed to have 

24 waived any claim to all range developments on land covVerDate Sep 11 2014 06:08 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6935.IH H6935

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1 ered by the grazing permit or lease waived, notwith2 standing any other provision of law. 

3 (b) SECURING RETIRED ALLOTMENTS AGAINST UN4 AUTHORIZED USE.—The Secretary shall ensure that graz5 ing allotments retired from grazing under this Act are ren6 dered reasonably secure from trespass grazing by domestic 

7 livestock. 

8 (c) RELATION TO OTHER AUTHORITY.—Nothing in 

9 this Act shall be construed to affect the Secretary’s au10 thority to modify or terminate any grazing permit or lease 

11 in accordance with other law. 

12 (d) RELATION TO VALID EXISTING RIGHTS.—Noth13 ing in this Act affects the allocation, ownership, interest, 

14 or control, in existence on the date of the enactment of 

15 this Act, of any water, water right, or any other valid ex16 isting right held by the United States, an Indian Tribe, 

17 State, county or municipality, or private individual, part18 nership, or corporation. 

Æ 


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