I
104TH CONGRESS
1ST SESSION
H. R. 1375
To provide for the extension of expiring term grazing permits for lands
within the National Forest System pending the completion by the Forest
Service of final agency action in connection with the renewal of such
permits.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 1995
Mr. COOLEY introduced the following bill; which was referred to the Commit-
tee on Agriculture, and in addition to the Committee on Resources, 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 com-
mittee concerned
A BILL
To provide for the extension of expiring term grazing permits
for lands within the National Forest System pending
the completion by the Forest Service of final agency
action in connection with the renewal of such permits.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTOMATIC EXTENSION OF NATIONAL FOREST
SYSTEM GRAZING PERMITS PENDING COM-
PLETION OF FINAL AGENCY ACTION.
(a) EXTENSION.—The term of each expiring term
grazing permit issued for lands within the National Forest
System is hereby extended to cover the period beginning
on the expiration date of the permit and ending on the
date on which the Secretary of Agriculture completes final
agency action in connection with the renewal of the per-
mit. The extension shall apply to the holder of the expiring
term grazing permit, subject to the same terms and condi-
tions as apply to the expiring term grazing permit.
(b) EXCEPTION.—Subsection (a) shall not apply if
the holder of an expiring term grazing permit is not in
compliance with the terms and conditions of the permit
at the time the permit is originally due to expire.
(c) ADMINISTRATIVE APPEAL
AND JUDICIAL RE-
VIEW.—The extension of expiring term grazing permits
under subsection (a) shall not be subject to administrative
appeal or judicial review.
(d) DEFINITIONS.—For purposes of this section:
(1) EXPIRING
TERM
GRAZING
PERMIT.—The
term ‘‘expiring term grazing permit’’ means a term
grazing permit—
(A) that expires in 1995 or 1996; or
(B) that expired in 1994 and has not been
replaced with a new term grazing permit solely
because the analysis required by the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other applicable laws has not
been completed.
(2) FINAL AGENCY ACTION.—The term ‘‘final
agency action’’ means agency action regarding an
expiring term grazing permit in which—
(A) any analysis required by the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other applicable laws has
been completed; and
(B) all available administrative remedies
have been exhausted.
(3) HOLDER.—The term ‘‘holder’’ includes the
purchaser of a term grazing permit holder’s per-
mitted livestock or base property if—
(A) between January 1, 1995, and Decem-
ber 1, 1996, the holder has waived the term
grazing permit to the Secretary pursuant to
section 222.3(c)(1)(iv) of title 36, Code of Fed-
eral Regulations; and
(B) the purchaser of the term grazing per-
mit holder’s permitted livestock or base prop-
erty is eligible and qualified to hold a term
grazing permit.
(4) TERM GRAZING PERMIT.—The term ‘‘term
grazing permit’’ means a grazing permit or grazing
agreement issued by the Secretary of Agriculture for
a specified term under section 402 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1752), section 19 of the Act of April 24,
1950 (commonly known as the ‘‘Granger-Thye Act’’)
(16 U.S.C. 580l), or other law.
Æ