(1) the land for which the grazing permit or
lease is issued remains available for domestic live-
stock grazing;
(2) the permittee or lessee holding the grazing
permit or lease is in compliance with this title and
the terms and conditions of the grazing permit or
lease; and
(3) the permittee or lessee accepts the terms
and conditions included by the authorized officer in
consultation, cooperation, and coordination with the
permittee or lessee.
(b) PROHIBITED CONDITION.—Access across private
property shall not be required as a condition for the re-
newal of a grazing permit or lease.
SEC. 104. MONITORING AND INSPECTION.
(a) MONITORING.—The monitoring of resource condi-
tions and trends on Federal land within an allotment shall
be performed by qualified persons approved by the Sec-
retary concerned and selected only from among the follow-
ing persons:
(1) Federal, State, or local government person-
nel.
(2) Professional consultants retained by the
United States.
(3) Grazing permittees and lessees.
(b) INSPECTION.—The inspection of a grazing allot-
ment shall be performed by qualified Federal, State, or
local agency personnel or qualified consultants retained by
the United States.
(c) MONITORING CRITERIA AND PROTOCOLS.—Mon-
itoring shall be conducted according to regional or State
criteria and protocols that are scientifically based and site
specific.
(d) NOTICE.—In conducting monitoring activities,
the Secretary concerned shall provide reasonable notice of
such activities to permittees or lessees, including prior no-
tice to the extent practicable of not less than 48 hours.
SEC. 105. SUBLEASING.
(a) IN GENERAL.—The Secretary concerned shall
only authorize subleasing with respect to a grazing permit
or lease, in whole or in part—
(1) if the permittee or lessee is unable to make
full grazing use of the permit or lease due to ill
health or death;
(2) under a cooperative agreement with a graz-
ing permittee or lessee (or group of grazing permit-
tees or lessees); or
(3) if the grazing permit lease is issued to a
grazing association whose members or shareholders
have exclusive rights to graze livestock on the Fed-
eral lands allotted to the grazing association.
(b) TREATMENT OF OWNERSHIP BY RELATIVES.—
(1) IN GENERAL.—Livestock owned by a rel-
ative described in paragraph (2) of a permittee or
lessee shall be considered as owned by the permittee
or lessee for purposes of this title.
(2) COVERED RELATIVES.—A relative referred
to in paragraph (1), with respect to a permittee or
lessee, means a spouse, a parent or spouse of a par-
ent, a grandparent or spouse of a grandparent, a
sibling or spouse of a sibling, a child, or a grand-
child of the permittee or lessee.
(c) TREATMENT OF LEASE OR SUBLEASE OF BASE
PROPERTY.—The leasing or subleasing of the base prop-
erty of a permittee or lessee, in whole or in part, shall
not be considered to be a sublease of a grazing permit
or lease. The grazing preference associated with such base
property shall be transferred to the person controlling the
leased or subleased base property, and all terms and condi-
tions of the existing grazing permit or lease, or cooperative
management agreement and the covenants of the allot-
ment management, if such exists, shall bind such person.
(d) COORDINATED RESOURCE MANAGEMENT PRAC-
TICES.—
(1) USE
ENCOURAGED.—The Secretary con-
cerned may encourage the use of coordinated re-
source management practices when such practices
are authorized under a cooperative management
agreement entered into with a permittee or lessee
(or an organized group of permittees or lessees) in
a specified geographic area. The coordinated re-
source management practices shall be—
(A) scientifically based; and
(B) consistent with goals and management ob-
jectives of the applicable land use plan.
(2) FEDERAL ADVISORY COMMITTEE ACT.—Ac-
tivities under this subsection shall be exempt from
the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 106. FEES AND CHARGES.
(a) GRAZING FEES.—The fee for each animal unit
month in a grazing fee year for livestock grazing on Fed-
eral 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 Treasury Securities six-month bill ‘‘new
issue’’ rate, and divided by 12. The gross value of produc-
tion for beef cattle shall be determined by the Economic
Research Service of the Department of Agriculture in ac-
cordance with subsection (e)(1).
(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 land;
(2) any such animal regardless of age if the
animal is weaned on the date on which the animal
begins grazing on Federal land; 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 land
for grazing by an animal that is less than six months of
age on the date on which the animal begins grazing on
such land and is the progeny of an animal on which a
grazing fee is paid if the animal is removed from such
land before becoming 12 months of age.
(d) OTHER FEES AND CHARGES.—
(1) CROSSING PERMITS, TRANSFERS, AND BILL-
ING NOTICES.—The Secretary concerned shall assess
a service charge for each crossing permit, transfer of
grazing preference, and replacement or supplemental
billing notice (except in a case in which the action
is initiated by the authorized officer).
(2) 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 reasonable process-
ing costs and shall be adjusted periodically as such
costs change, but in no case shall such fees and
charges exceed the actual administrative and proc-
essing costs incurred by the Secretary concerned.
(3) NOTICE OF CHANGES.—Notice of a change
in a service charge shall be published in the Federal
Register.
(e) 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 cat-
tle, 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 re-
turns).
(2) AVAILABILITY.—For the purposes of deter-
mining the grazing fee for a given grazing fee year,
the gross value of production (as described above)
for the previous calendar year shall be made avail-
able to the Secretary concerned, and published in
the Federal Register, on or before February 15 of
each year.
SEC. 107. RESOURCE ADVISORY COUNCILS.
(a) ESTABLISHMENT.—The Secretary of Agriculture
and the Secretary of the Interior, in consultation with the
Governor of the affected State, shall jointly establish and
operate a Resource Advisory Council on a State, regional,
or local level to provide advice on management issues re-
garding Federal lands within the area to be covered by
such Council. A Resource Advisory Council is not required
in any State, region, or local area in which the Secretaries
jointly determine that there is insufficient interest in par-
ticipation on a Resource Advisory Council to ensure that
membership can be fairly balanced in terms of the points
of view represented and the functions to be performed.
(b) DUTIES.—Each Resource Advisory Council shall
advise the Secretary concerned and appropriate State offi-
cials on—
(1) matters regarding the preparation, amend-
ment, and implementation of land use plans and ac-
tivity plans for Federal lands (and resources thereof)
within the area covered by the Council; and
(2) major management decisions, while working
within the broad management objectives established
for such Federal lands.
(c) VOTING.—All decisions and recommendations by
a Resource Advisory Council shall be on the basis of a
majority vote of its members.
(d) DISREGARD OF ADVICE.—If a Resource Advisory
Council becomes concerned that its advice is being arbi-
trarily disregarded, the Resource Advisory Council may re-
quest that the Secretary concerned respond directly to the
Resource Advisory Council’s concerns within 60 days after
the Secretary receives the request. The response of the
Secretary concerned to such a request shall not—
(1) constitute a decision on the merits of any
issue that is or might become the subject of an ad-
ministrative appeal; or
(2) be subject to appeal.
(d) MEMBERSHIP.—
(1) NUMBERS.—The Secretary of Agriculture
and the Secretary of the Interior, in consultation
with the Governor of the affected State or States,
shall jointly appoint the members of each Resource
Advisory Council. A Council shall consist of not less
than nine members and not more than fifteen mem-
bers.
(2) REPRESENTATION.—In appointing members
to a Resource Advisory Council, the Secretaries shall
provide for balanced and broad representation of
permittees and lessees holding a grazing permit or
lease and other groups, such as commercial inter-
ests, recreational users, representatives of recognized
local environmental or conservation organizations,
educational, professional, or academic interests, rep-
resentatives of State and local government or gov-
ernmental agencies, Indian tribes, and other mem-
bers of the affected public.
(3) INCLUSION
OF
ELECTED
OFFICIAL.—The
Secretaries shall appoint as a member of each Re-
source Advisory Council at least one elected official
of a general purpose government serving the people
of the area covered by the Council.
(4) PROHIBITION ON CONCURRENT SERVICE.—
No person may serve concurrently on more than one
Resource Advisory Council.
(5) RESIDENCY REQUIREMENT.—Members of a
Resource Advisory Council must reside in the geo-
graphic area covered by the Council.
(6) GRANDFATHER CLAUSE.—A person serving
on the date of the enactment of this Act as a mem-
ber of a advisory council established under section
309(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1739(a)) for the purpose of
providing advice regarding grazing issues shall serve
as a member on the corresponding Resource Advi-
sory Council established under this section for the
balance of the person’s term as a member on the
original advisory council.
(e) SUBGROUPS.—A Resource Advisory Council may
establish such subgroups as the Council considers nec-
essary, including 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 additional terms at the discretion of the Sec-
retaries. The Secretaries, with the concurrence of the Gov-
ernor 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—
(A) no longer meets the requirements
under which the member was appointed;
(B) fails or is unable to participate regu-
larly in the work of the Council; or
(C) is convicted of a Federal felony; or
(2) in the judgment of the Secretaries and the
Governor termination is in the public interest.
(g) COMPENSATION AND REIMBURSEMENT OF EX-
PENSES.—A member of a Resource Advisory Council shall
not receive any compensation in connection with the per-
formance of the member’s duties, but shall be reimbursed
for travel within the geographic area covered by the Coun-
cil 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 Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall apply
to the Resource Advisory Councils.
(i) STATE GRAZING DISTRICTS.—Resource Advisory
Councils shall coordinate and cooperate with State Graz-
ing Districts established pursuant to State law.
TITLE II—MISCELLANEOUS
SEC. 201. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act.
SEC. 202. ISSUANCE OF NEW REGULATIONS.
The Secretary of Agriculture and the Secretary of the
Interior shall—
(1) coordinate the promulgation of new regula-
tions to carry out this Act; and
(2) publish such regulations simultaneously not
later than 180 days after the date of the enactment
of this Act.
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