II 

Calendar No. 392 

113TH CONGRESS 

2D SESSION S. 258 

[Report No. 113–166] 

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 SENATE OF THE UNITED STATES 

FEBRUARY 7, 2013 

Mr. BARRASSO (for himself, Mr. ENZI, Mr. CRAPO, Mr. HATCH, Mr. HELLER, 

Mr. LEE, Mr. RISCH, Mr. HOEVEN, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

MAY 22, 2014 

Reported by Ms. LANDRIEU, with an amendment 

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

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, 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 258 RS

1 SECTION 1. SHORT TITLE. 

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

3 Act’’. 

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

5 Section 402 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1752) is amended— 

7 (1) by striking ‘‘ten years’’ each place it ap8 pears and inserting ‘‘20 years’’; and 

9 (2) in subsection (b)— 

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

11 paragraphs (1) and (2); 

12 (B) in paragraph (3), by striking the pe13 riod at the end and inserting ‘‘; or’’; and 

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

15 ‘‘(4) the initial environmental analysis under 

16 National Environmental Policy Act of 1969 (42 

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

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

19 SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZ20 ING PERMITS AND LEASES. 

21 Title IV of the Federal Land Policy and Management 

22 Act of 1976 (43 U.S.C. 1751 et seq.) is amended by add23 ing at the end the following: 

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

25 GRAZING PERMITS AND LEASES. 

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


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 258 RS

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

2 term ‘current grazing management’ means grazing 

3 in accordance with the terms and conditions of an 

4 existing permit or lease and includes any modifica5 tions that are consistent with an applicable Depart6 ment of the Interior resource management plan or 

7 Department of Agriculture land use plan. 

8 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec9 retary concerned’ means— 

10 ‘‘(A) the Secretary of Agriculture, with re11 spect to National Forest System land; and 

12 ‘‘(B) the Secretary of the Interior, with re13 spect to land under the jurisdiction of the De14 partment of the Interior. 

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

16 PENDING PROCESSING.—A grazing permit or lease issued 

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

18 by the Secretary of Agriculture regarding National Forest 

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

20 be renewed or reissued under, as appropriate— 

21 ‘‘(1) section 402; 

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

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

24 U.S.C. 580l); 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 258 RS

1 ‘‘(3) title III of the Bankhead-Jones Farm Ten2 ant Act (7 U.S.C. 1010 et seq.); or 

3 ‘‘(4) section 510 the California Desert Protec4 tion Act of 1994 (16 U.S.C. 410aaa–50). 

5 ‘‘(c) TERMS; CONDITIONS.—The terms and condi6 tions (except the termination date) contained in an ex7 pired, transferred, or waived permit or lease described in 

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

9 reissued permit or lease until the date on which the Sec10 retary concerned completes the processing of the renewed 

11 or reissued permit or lease that is the subject of the ex12 pired, transferred, or waived permit or lease, in compli13 ance with each applicable law. 

14 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA15 TION.—Notwithstanding subsection (c), a permit or lease 

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

17 or modified in accordance with applicable law. 

18 ‘‘(e) RENEWAL TRANSFER REISSUANCE AFTER

19 PROCESSING.—When the Secretary concerned has com20 pleted the processing of the renewed or reissued permit 

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

22 waived permit or lease, the Secretary concerned shall 

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

24 after completion of processing. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 258 RS

1 ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

2 POLICY ACT OF 1969.—The renewal, reissuance, or trans3 fer of a grazing permit or lease by the Secretary concerned 

4 shall be categorically excluded from the requirement to 

5 prepare an environmental assessment or an environmental 

6 impact statement if— 

7 ‘‘(1) the decision to renew, reissue, or transfer 

8 continues the current grazing management of the al9 lotment; 

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

11 that the current grazing management has met, or 

12 has satisfactorily progressed towards meeting, objec13 tives contained in the land use and resource manage14 ment plan of the allotment, as determined by the 

15 Secretary concerned; or 

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

17 the Department of the Interior or the Department 

18 of Agriculture, as appropriate, regarding extraor19 dinary circumstances. 

20 ‘‘(g) PRIORITY AND TIMING FOR COMPLETING ENVI21 RONMENTAL ANALYSES.—The Secretary concerned, in the 

22 sole discretion of the Secretary concerned, shall determine 

23 the priority and timing for completing each required envi24 ronmental analysis regarding any grazing allotment, per25 mit, or lease based on the environmental significance of 


tjames on DSK6SPTVN1PROD with BILLS
6 

•S 258 RS

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

2 that purpose. 

3 ‘‘(h) NEPA EXEMPTIONS.—The National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

5 not apply to the following: 

6 ‘‘(1) Crossing and trailing authorizations of do7 mestic livestock. 

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

9 SECTION 1. SHORT TITLE. 

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

11 Act’’. 

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

13 Section 402 of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1752) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘Except as’’ and inserting 

17 the following: 

18 ‘‘(1) IN GENERAL.—Except as’’; and 

19 (B) in paragraph (1) (as designated by sub20 paragraph (A)), by striking ‘‘ten years subject’’ 

21 and inserting the following: ‘‘ 10 years, up to a 

22 maximum term of 20 years, if the Secretary con23 cerned— 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 258 RS

1 ‘‘(i) has assessed and evaluated the 

2 grazing allotment associated with the per3 mit or lease; and 

4 ‘‘(ii) based on the assessment and eval5 uation under clause (i), has determined that 

6 the grazing allotment is— 

7 ‘‘(I) with respect to public land 

8 administered by the Secretary of the 

9 Interior, meeting land health stand10 ards; or 

11 ‘‘(II) with respect to National 

12 Forest System land administered by 

13 the Secretary of Agriculture, meeting 

14 objectives in the applicable land and 

15 resource management plan. 

16 ‘‘(2) CANCELLATION, SUSPENSION, AND MODI17 FICATION.—The permit or lease shall be subject’’; 

18 (2) in subsection (c)— 

19 (A) by redesignating paragraphs (1), (2), 

20 and (3) as subparagraphs (A), (B), and (C), re21 spectively; 

22 (B) by striking ‘‘So long as’’ and inserting 

23 the following: 


tjames on DSK6SPTVN1PROD with BILLS
8 

•S 258 RS

1 ‘‘(1) RENEWAL OF EXPIRING OR TRANSFERRED

2 PERMIT OR LEASE.—During any period in which’’; 

3 and 

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

5 ‘‘(2) CONTINUATION OF TERMS UNDER NEW PER6 MIT OR LEASE.—The terms and conditions in a graz7 ing permit or lease that has expired, or was termi8 nated due to a grazing preference transfer, shall be 

9 continued under a new permit or lease until the date 

10 on which the Secretary concerned completes any envi11 ronmental analysis and documentation for the permit 

12 or lease required under the National Environmental 

13 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 

14 applicable laws. 

15 ‘‘(3) COMPLETION OF PROCESSING.—As of the 

16 date on which the Secretary concerned completes the 

17 processing of a grazing permit or lease in accordance 

18 with paragraph (2), the permit or lease may be can19 celed, suspended, or modified, in whole or in part. 

20 ‘‘(4) ENVIRONMENTAL REVIEWS.—The Secretary 

21 concerned shall seek to conduct environmental reviews 

22 on an allotment or multiple allotment basis, to the ex23 tent practicable, if the allotments share similar eco24 logical conditions, for purposes of compliance with the 


tjames on DSK6SPTVN1PROD with BILLS
9 

•S 258 RS

1 National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.) and other applicable laws.’’; 

3 (3) by redesignating subsection (h) as subsection 

4 (j); and 

5 (4) by inserting after subsection (g) the fol6 lowing: 

7 ‘‘(h) NATIONAL ENVIRONMENTAL POLICY ACT OF

8 1969.— 

9 ‘‘(1) IN GENERAL.—The issuance of a grazing 

10 permit or lease by the Secretary concerned may be 

11 categorically excluded from the requirement to pre12 pare an environmental assessment or an environ13 mental impact statement under the National Envi14 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

15 if— 

16 ‘‘(A) the issued permit or lease continues the 

17 current grazing management of the allotment; 

18 and 

19 ‘‘(B) the Secretary concerned— 

20 ‘‘(i) has assessed and evaluated the 

21 grazing allotment associated with the lease 

22 or permit; and 

23 ‘‘(ii) based on the assessment and eval24 uation under clause (i), has determined that 

25 the allotment— 


tjames on DSK6SPTVN1PROD with BILLS
10 

•S 258 RS

1 ‘‘(I) with respect to public land 

2 administered by the Secretary of the 

3 Interior— 

4 ‘‘(aa) is meeting land health 

5 standards; or 

6 ‘‘(bb) is not meeting land 

7 health standards due to factors 

8 other than existing livestock graz9 ing; or 

10 ‘‘(II) with respect to National 

11 Forest System land administered by 

12 the Secretary of Agriculture— 

13 ‘‘(aa) is meeting objectives in 

14 the applicable land and resource 

15 management plan; or 

16 ‘‘(bb) is not meeting the ob17 jectives in the applicable land re18 source management plan due to 

19 factors other than existing live20 stock grazing. 

21 ‘‘(2) TRAILING AND CROSSING.—The trailing 

22 and crossing of livestock across public land and Na23 tional Forest System land and the implementation of 

24 trailing and crossing practices by the Secretary con25 cerned may be categorically excluded from the reVerDate Mar 15 2010 02:05 May 23, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S258.RS S258

tjames on DSK6SPTVN1PROD with BILLS
11 

•S 258 RS

1 quirement to prepare an environmental assessment or 

2 an environmental impact statement under the Na3 tional Environmental Policy Act of 1969 (42 U.S.C. 

4 4321 et seq.). 

5 ‘‘(i) PRIORITY AND TIMING FOR COMPLETION OF 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 with respect to a grazing allotment, per10 mit, or lease based on— 

11 ‘‘(1) the environmental significance of the graz12 ing allotment, permit, or lease; and 

13 ‘‘(2) the available funding for the environmental 

14 analysis.’’. 

15 SEC. 3. VOLUNTARY RELINQUISHMENT OF GRAZING PER16 MITS OR LEASES. 

17 Title IV of the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 405. VOLUNTARILY RELINQUISHMENT PILOT PRO21 GRAM. — 

22 ‘‘(a) IN GENERAL.—There is established in the Depart23 ment of the Interior and the Department of Agriculture a 

24 pilot program that— 


tjames on DSK6SPTVN1PROD with BILLS
12 

•S 258 RS

1 ‘‘(1) authorizes the voluntary relinquishment of 

2 grazing permits or leases in the eligible States speci3 fied in subsection (f); and 

4 ‘‘(2) provides that grazing permits or leases vol5 untarily relinquished under this section shall be per6 manently retired from further grazing authorization. 

7 ‘‘(b) ACCEPTANCE BY SECRETARY AND SECRETARY OF

8 AGRICULTURE.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 within the eligible States specified in subsection (f)— 

11 ‘‘(A) the Secretary shall accept the vol12 untary relinquishment of any valid permits or 

13 leases authorizing grazing on public land; and 

14 ‘‘(B) the Secretary of Agriculture shall ac15 cept the voluntary relinquishment of any valid 

16 permits or leases authorizing grazing on land in 

17 the National Forest System. 

18 ‘‘(2) LIMITATION.—Notwithstanding paragraph 

19 (1), the Secretary and the Secretary of Agriculture 

20 shall not accept the voluntarily relinquishment of 

21 more than 25 grazing permits or leases per year in 

22 each of the eligible States specified in subsection (f). 

23 ‘‘(c) TERMINATION.—With respect to each permit or 

24 lease voluntarily relinquished under subsection (a), the Sec25 retary concerned shall— 


tjames on DSK6SPTVN1PROD with BILLS
13 

•S 258 RS

1 ‘‘(1) terminate the grazing permit or lease; and 

2 ‘‘(2) except as provided in subsection (d), ensure 

3 a permanent end to grazing on the land covered by 

4 the permit or lease. 

5 ‘‘(d) COMMON ALLOTMENTS.— 

6 ‘‘(1) IN GENERAL.—If the land covered by a 

7 grazing permit or lease that has been voluntarily re8 linquished under subsection (a) is also covered by an9 other valid existing grazing permit or lease that is 

10 not voluntarily relinquished under subsection (a), the 

11 Secretary concerned shall reduce the authorized graz12 ing level on the land covered by the permit or lease 

13 to reflect the relinquishment of the grazing permit or 

14 lease. 

15 ‘‘(2) AUTHORIZED LEVEL.—To ensure that there 

16 is a permanent reduction in the level of grazing on 

17 the land covered by a grazing permit or lease that has 

18 been voluntarily relinquished under subsection (a), 

19 the Secretary shall not allow grazing use to exceed the 

20 authorized level established under paragraph (1). 

21 ‘‘(3) PARTIAL RELINQUISHMENT.— 

22 ‘‘(A) IN GENERAL.—If a person holding a 

23 valid grazing permit or lease voluntarily relin24 quishes less than the full level of grazing use auVerDate Mar 15 2010 02:05 May 23, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S258.RS S258

tjames on DSK6SPTVN1PROD with BILLS
14 

•S 258 RS

1 thorized under the permit or lease, the Secretary 

2 concerned shall— 

3 ‘‘(i) reduce the authorized grazing level 

4 to reflect the voluntarily relinquishment; 

5 and 

6 ‘‘(ii) modify the grazing permit or 

7 lease to reflect the revised level of use. 

8 ‘‘(B) AUTHORIZED LEVEL.—To ensure that 

9 there is a permanent reduction in the authorized 

10 level of grazing on the land covered by a permit 

11 or lease which has been voluntarily relinquished 

12 under subparagraph (A), the Secretary shall not 

13 allow grazing use to exceed the authorized level 

14 established under that subparagraph. 

15 ‘‘(e) ANNUAL REPORT.— 

16 ‘‘(1) IN GENERAL.—The Secretary, in collabora17 tion with the Secretary of Agriculture, shall prepare 

18 an annual report on the pilot program that assesses 

19 the activities undertaken under the pilot program 

20 during the preceding year, including the number and 

21 location of grazing permits and leases that were vol22 untarily relinquished during the preceding year. 

23 ‘‘(2) SUBMISSION TO CONGRESS.—The Secretary 

24 shall submit the annual report prepared under para25 graph (1) to— 


tjames on DSK6SPTVN1PROD with BILLS
15 

•S 258 RS

1 ‘‘(A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 ‘‘(B) the Committee on Natural Resources of 

4 the House of Representatives. 

5 ‘‘(f) ELIGIBLE STATES.—The authority of the Sec6 retary and the Secretary of Agriculture to accept voluntary 

7 relinquishments in accordance with this section shall be 

8 limited to grazing allotments in the States of New Mexico 

9 and Oregon.’’. 


tjames on DSK6SPTVN1PROD with BILLS
Calendar No. 392 

113TH CONGRESS 

2D SESSION S. 258 

[Report No. 113–166] 

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 

MAY 22, 2014 

Reported with an amendment 


tjames on DSK6SPTVN1PROD with BILLS