SEC. 102. DEFINITIONS.
In this title:
(1) ALLOTMENT.—The term ‘‘allotment’’
means an area of Federal lands subject to
an adjudicated or apportioned grazing
preference that is appurtenant to a base
property.
(2) AUTHORIZED
OFFICER.—The term
‘‘authorized officer’’ means a person au-
thorized by the Secretary concerned to
administer this title, the laws specified in
section 101, and regulations issued under
this title and such laws.
(3) BASE
PROPERTY.—The term ‘‘base
property’’ means private or other non-
Federal land, water, or water rights
owned or controlled by a permittee or
lessee to which a Federal allotment is ap-
purtenant.
(4) CONSULTATION, COOPERATION, AND
COORDINATION.—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))), the term ‘‘consulta-
tion, 
cooperation, 
and 
coordination’’
means to engage in good faith efforts—
(A) 
to 
discuss 
and 
exchange
views; and
(B) to act together toward a com-
mon end or purpose.
(5) FEDERAL
LANDS.—The term ‘‘Fed-
eral lands’’ means lands outside the State
of Alaska that are owned by the United
States and are—
(A) included in the National For-
est System; or
(B) administered by the Secretary
of the Interior under the laws speci-
fied in section 101(b).
(6) GRAZING
PERMIT
OR
LEASE.—The
term ‘‘grazing permit or lease’’ means a
document authorizing use of Federal
lands for the purpose of grazing live-
stock—
(A) 
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);
(B) 
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); or
(C) on National Forest System
lands under section 19 of the Act of
April 24, 1950 (commonly known as
the Granger-Thye Act of 1950) (64
Stat. 88, chapter 97; 16 U.S.C. 580l).
(7) LAND
USE
PLAN.—The term ‘‘land
use plan’’ means—
(A) a land and resource manage-
ment plan prepared by the Forest
Service pursuant to section 6 of the
Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16
U.S.C. 1604) for a unit of the National
Forest System; or
(B) a resource management plan
(or a management framework plan
that is in effect pending completion
of a resource management plan) de-
veloped in accordance with the Fed-
eral Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.) for
Federal lands administered by the
Bureau of Land Management.
(8) 
NATIONAL
FOREST
SYSTEM.—The
term ‘‘National Forest System’’ has the
meaning given such term in section 11(a)
of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1609(a)), except that the term does not in-
clude any lands managed as a National
Grassland 
under 
the 
Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1010 et seq.).
(9) SECRETARY CONCERNED.—The term
‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture,
with respect to the National Forest
System; and
(B) the Secretary of the Interior,
with respect to Federal lands admin-
istered by the Secretary of the Inte-
rior under the laws specified in sec-
tion 101(b).
(10) 
SIXTEEN
CONTIGUOUS
WESTERN
STATES.—The term ‘‘sixteen contiguous
Western States’’ means the States of Ari-
zona, California, Colorado, Idaho, Kansas,
Montana, Nebraska, Nevada, New Mexico,
North Dakota, Oklahoma, Oregon, South
Dakota, Utah, Washington, and Wyoming.
SEC. 103. PROHIBITED CONDITION REGARDING GRAZING
PERMITS AND LEASES.
The Secretary concerned may not impose
as a condition on a grazing permit or lease
that the permittee or lessee provide access
across private property unless the condition
is limited to ingress and egress for Federal
personnel engaged in authorized activities re-
garding grazing administration on Federal in-
holdings.
SEC. 104. MONITORING.
(a) MONITORING.—The monitoring of con-
ditions and trends of forage and related re-
sources on Federal lands within allotments
shall be performed only by qualified persons
from the following groups:
(1) Federal, State, and local govern-
ment personnel.
(2) Grazing permittees and lessees.
(3) Professional consultants retained
by the United States or a permittee or
lessee.
(b) MONITORING
CRITERIA
AND
PROTO-
COLS.—Such monitoring shall be conducted
according to regional or state criteria and
protocols selected by the Secretary con-
cerned. The monitoring protocols shall be site
specific, scientifically valid, and subject to
peer review. Monitoring data shall be periodi-
cally verified.
(c) TYPES AND USE OF DATA COLLECTED.—
The data collected from such monitoring shall
include historical data and information, if
available, but such data or information must
be objective and reliable. The data and infor-
mation collected from such monitoring shall
be used to evaluate—
(1) the effects of ecological changes
and management actions on forage and
related resources over time;
(2) the effectiveness of actions in
meeting 
management 
objectives 
con-
tained in applicable land use plans; and
(3) the appropriateness of resource
management objectives.
(d) NOTICE.—In conducting such monitor-
ing, the Secretary concerned shall provide
reasonable notice of the monitoring to af-
fected permittees or lessees, including prior
notice to the extent practicable of not less
than 48 hours.
SEC. 105. SUBLEASING.
(a) PROHIBITION
ON SUBLEASING GRAZING
PERMIT OR LEASE.—A person issued a grazing
permit or lease may not enter into an agree-
ment with another person to allow grazing on
the Federal lands covered by the grazing per-
mit or lease by livestock that are neither
owned nor controlled by the person issued the
grazing permit or lease.
(b) TREATMENT OF LEASE OR SUBLEASE OF
BASE PROPERTY.—The leasing or subleasing, in
whole or in part, of the base property of a per-
son issued a grazing permit or lease shall not
be considered a sublease of a grazing permit
or lease under subsection (a). The grazing
preference associated with such base prop-
erty shall be transferred to the person con-
trolling the leased or subleased base property.
SEC. 
106. 
COOPERATIVE 
ALLOTMENT 
MANAGEMENT
PLANS.
(a) WRITTEN AGREEMENTS
FOR OUTCOME-
BASED
STANDARDS.—An allotment manage-
ment plan developed under section 402(d) of
the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1752(d)) may include a writ-
ten agreement with a qualified grazing per-
mittee or lessee described in subsection (b)
(or a group of qualified grazing permittees or
lessees) that provides for outcome-based
standards, rather than prescriptive terms and
conditions, for managing grazing activities in
a specified geographic area. At the request of
a qualified grazing permittee or lessee, the
Secretary concerned shall consider including
such a written agreement in an allotment
management plan. An allotment management
plan including such a written agreement shall
be known as a cooperative allotment manage-
ment plan.
(b) QUALIFIED GRAZING PERMITTEE OR LES-
SEE DESCRIBED.—A qualified grazing permit-
tee or lessee referred to in subsection (a) is a
person issued a grazing permit or lease who
has demonstrated sound stewardship by
meeting or exceeding the forage and range-
land goals contained in applicable land use
plans for the previous five-year period.
(c) INCLUSION OF PERFORMANCE GOALS.—A
written agreement entered into as part of an
allotment management plan developed under
section 402(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1752(d))
shall contain performance goals that—
(1) are expressed in objective, quan-
tifiable, and measurable terms;
(2) establish performance indicators
to be used in measuring or assessing the
relevant outcomes;
(3) provide a basis for comparing
management results with the established
performance goals; and
(4) describe the means to be used to
verify and validate measured values.
(d) FEDERAL ADVISORY COMMITTEE ACT.—
Activities under this section shall be exempt
from the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 107. FEES AND CHARGES.
(a) GRAZING FEES.—
(1) CALCULATION.—The fee for each
animal unit month in a grazing fee year
for livestock grazing on Federal lands in
the sixteen contiguous western States
shall be equal to the 12-year average of
the total gross value of production for
beef cattle for the 12 years preceding the
grazing fee year, multiplied by the 12-
year average of the United States Treas-
ury Securities six-month bill ‘‘new issue’’
rate, and divided by 12. The gross value
of production for beef cattle shall be de-
termined by the Economic Research
Service of the Department of Agriculture
in accordance with subsection (d)(1).
(2) LIMITATION.—The fee determined
under paragraph (1) shall be the only
grazing fee applicable to livestock owned
or controlled by a person issued a graz-
ing permit or lease.
(b) DEFINITION OF ANIMAL UNIT MONTH.—
For the purposes of billing only, 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 lands;
(2) any such animal regardless of age
if the animal is weaned on the date on
which the animal begins grazing on Fed-
eral lands; and
(3) any such animal that will become
12 months of age during the period of use
authorized under a grazing permit.
(c) LIVESTOCK NOT COUNTED.—There shall
not be counted as an animal unit month the
use of Federal lands for grazing by an animal
that is less than six months of age on the date
on which the animal begins grazing on such
lands and is the progeny of an animal on
which a grazing fee is paid if the animal is re-
moved from such lands before becoming 12
months of age.
(d) CRITERIA
FOR
ECONOMIC
RESEARCH
SERVICE.—
(1) GROSS
VALUE
OF
PRODUCTION
OF
BEEF
CATTLE.—The Economic Research
Service of the Department of Agriculture
shall continue to compile and report the
gross value of production of beef cattle,
on a dollars-per-bred-cow basis for the
United States, as is currently published
by the Service in: ‘‘Economic Indicators
of the Farm Sector: Cost of Production—
Major Field Crops and Livestock and
Dairy’’ (Cow-calf production cash costs
and returns).
(2) AVAILABILITY.—For the purposes of
determining the grazing fee for a given
grazing fee year, the gross value of pro-
duction (as described above) for the pre-
vious calendar year shall be made avail-
able to the Secretary concerned, and pub-
lished in the Federal Register, on or be-
fore February 15 of each year.
(e) 
TREATMENT
OF
OTHER
FEES
AND
CHARGES.—
(1) 
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 such
costs change, but in no case shall such
fees and charges exceed the actual ad-
ministrative and processing costs in-
curred by the Secretary concerned.
(2) NOTICE OF CHANGES.—Notice of a
change in a service charge shall be pub-
lished in the Federal Register.
SEC. 108. RESOURCE ADVISORY COUNCILS.
(a) ESTABLISHMENT.—
(1) JOINT
ESTABLISHMENT.—The Sec-
retary of Agriculture and the Secretary of
the Interior may jointly establish and op-
erate a Resource Advisory Council on a
State, regional, or local level to provide
advice on management issues regarding
Federal lands in the area to be covered
by the Council.
(2) ESTABLISHMENT
BY
SINGLE
SEC-
RETARY.—If the Federal lands in an area
for which a Resource Advisory Council is
to be established are under the jurisdic-
tion of a single Secretary concerned, that
Secretary concerned shall be responsible
for the establishment and operation of
the Resource Advisory Council.
(3) EXCEPTION.—A Resource Advisory
Council shall not be established in any
State, region, or local area in which the
Secretaries jointly determine that there
is insufficient interest in participation on
a Resource Advisory Council to ensure
that membership can be fairly balanced
in terms of the points of view rep-
resented and the functions to be per-
formed.
(4) TREATMENT
OF
EXISTING
ADVISORY
COUNCILS.—To the extent practicable, the
Secretaries shall implement this section
by modifying existing advisory councils
established under section 309(a) of the
Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1739(a)) for the pur-
pose of providing advice regarding graz-
ing issues.
(5) CONSULTATION.—The establishment
of a Resource Advisory Council for a
State, region, or local area shall be made
in consultation with the Governor of the
affected State.
(b) 
DUTIES.—Each 
Resource 
Advisory
Council shall advise the Secretary concerned
and appropriate State officials on—
(1) matters regarding the prepara-
tion, amendment, and implementation of
land use plans within the area covered by
the Council; and
(2) 
major 
management 
decisions,
while working within the broad manage-
ment objectives established for such Fed-
eral lands in applicable land use plans.
(c) 
VOTING.—All 
decisions 
and 
rec-
ommendations by a Resource Advisory Coun-
cil shall be on the basis of a majority vote of
its members.
(d) DISREGARD OF ADVICE.—If a Resource
Advisory Council is concerned that its advice
is being arbitrarily disregarded, the Resource
Advisory Council may request that the Sec-
retary concerned respond directly to the Re-
source Advisory Council’s concerns. The Sec-
retary concerned shall submit to the Council
a written response to the request within 60
days after the Secretary receives the request.
The response of the Secretary concerned shall
not—
(1) constitute a decision on the merits
of any issue that is or might become the
subject of an administrative appeal; or
(2) be subject to appeal.
(e) MEMBERSHIP.—
(1) NUMBERS.—The Secretary of Agri-
culture and the Secretary of the Interior
(or the Secretary concerned in the case of
a Resource Advisory Council established
by a single Secretary) shall appoint the
members 
of 
each 
Resource 
Advisory
Council. Such appointments shall be
made in consultation with the Governor
of the affected State or States. A Council
shall consist of not less than nine mem-
bers and not more than fifteen members.
(2) REPRESENTATION.—In appointing
members to a Resource Advisory Council,
the Secretaries or the Secretary con-
cerned (as the case may be) shall provide
for balanced and broad representation of
permittees and lessees holding a grazing
permit or lease and other groups, such as
commercial interests, recreational users,
representatives of recognized local envi-
ronmental or conservation organizations,
educational, professional, or academic in-
terests, representatives of State and local
government or governmental agencies,
Indian tribes, and other members of the
affected public.
(3) INCLUSION OF ELECTED OFFICIAL.—
The Secretaries or the Secretary con-
cerned (as the case may be) shall appoint
as a member of each Resource Advisory
Council at least one elected official of a
general purpose government serving the
people of the area covered by the Coun-
cil.
(4) PROHIBITION ON CONCURRENT SERV-
ICE.—No person may serve concurrently
on more than one Resource Advisory
Council.
(5) 
RESIDENCY
REQUIREMENT.—Mem-
bers of a Resource Advisory Council must
reside in the geographic area covered by
the Council.
(6) GRANDFATHER
CLAUSE.—A person
serving on the date of the enactment of
this Act as a member of an advisory coun-
cil established under section 309(a) of the
Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1739(a)) for the pur-
pose of providing advice regarding graz-
ing issues shall serve as a member on the
corresponding Resource Advisory Coun-
cil established under this section for the
balance of the person’s term as a member
on the original advisory council.
(7) SUBGROUPS.—A Resource Advisory
Council may establish such subgroups as
the Council considers necessary, includ-
ing 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 addi-
tional terms at the discretion of the Secretar-
ies or the Secretary concerned (as the case
may be). The Secretaries or the Secretary con-
cerned (as the case may be), with the concur-
rence of the Governor of the State in which
the Council is located, may terminate the
service of a member of that Council, upon
written notice, if—
(1) the member no longer meets the
requirements under which the member
was appointed or fails or is unable to par-
ticipate regularly in the work of the
Council; or
(2) the Secretaries or the Secretary
concerned (as the case may be) and the
Governor determine that termination is
in the public interest.
(g) COMPENSATION AND REIMBURSEMENT OF
EXPENSES.—A member of a Resource Advisory
Council shall not receive any compensation in
connection with the performance of the mem-
ber’s duties, but shall be reimbursed for trav-
el within the geographic area covered by the
Council and per diem expenses only 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 title, the Federal Advisory Commit-