I
104TH CONGRESS
1ST SESSION
H. R. 1713
To provide for uniform management of livestock grazing on Federal land,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 1995
Mr. COOLEY (for himself, Mr. YOUNG of Alaska, Mr. HANSEN, Mr. ROBERTS,
Mr. HERGER, Mr. DOOLITTLE, Mr. STUMP, Mr. CALVERT, Mr. EMER-
SON, Mr. HAYWORTH, Mr. TAYLOR of North Carolina, Mr. NETHERCUTT,
Mr. SHADEGG, Mr. LEWIS of California, Mr. RIGGS, Mr. BUNN of Or-
egon, Mr. SKEEN, Mr. STOCKMAN, Mr. HUNTER, Mr. BREWSTER, Mrs.
CUBIN, Mr. RADANOVICH, Mr. CREMEANS, Mr. CRAPO, Mr. HEFLEY, Mr.
ALLARD, and Mrs. VUCANOVICH) introduced the following bill; which was
referred to the Committee on Resources, and in addition to the Commit-
tee on Agriculture, 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 committee concerned
A BILL
To provide for uniform management of livestock grazing
on Federal land, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Livestock Grazing Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I—MANAGEMENT OF GRAZING ON FEDERAL LAND
Subtitle A—General Provisions
Sec. 101. Findings.
Sec. 102. Application of title.
Sec. 103. Objective.
Sec. 104. Definitions.
Sec. 105. Fundamentals of rangeland health.
Sec. 106. Land use plans.
Sec. 107. Rule of construction.
Subtitle B—Qualifications and Grazing Preferences
Sec. 111. Mandatory qualifications.
Sec. 112. Acquired land.
Sec. 113. Grazing preferences.
Sec. 114. Changes in grazing preference status.
Sec. 115. Changes in Federal land acreage.
Subtitle C—Grazing Management
Sec. 121. Allotment management plans.
Sec. 122. Range improvements.
Sec. 123. Water rights.
Sec. 124. Management of grazing on land under the jurisdiction of other de-
partments and agencies.
Subtitle D—Authorization of Grazing Use
Sec. 131. Applications.
Sec. 132. Grazing permits or grazing leases.
Sec. 133. Free-use grazing permits.
Sec. 134. Other grazing authorizations.
Sec. 135. Ownership and identification of livestock.
Sec. 136. Terms and conditions.
Sec. 137. Fees and charges.
Sec. 138. Pledge of grazing permits or grazing leases as security for loans.
Subtitle E—Civil Violations and Failures of Compliance
Sec. 141. Civil violations and failures of compliance.
Subtitle F—Unauthorized Grazing Use
Sec. 151. Liability for damages.
Sec. 152. Notice and order to remove.
Sec. 153. Settlement.
Sec. 154. Impoundment and sale.
Subtitle G—Procedure
Sec. 161. Proposed decisions.
Sec. 162. Protests.
Sec. 163. Final decisions.
Sec. 164. Appeals.
Subtitle H—Advisory Committees
Sec. 171. Purpose.
Sec. 172. Objective.
Sec. 173. Relation to other law.
Sec. 174. Policy.
Sec. 175. General provisions.
Sec. 176. Resource advisory councils.
Sec. 177. Grazing advisory councils.
Sec. 178. Meetings.
Sec. 179. Conforming amendment and repeal.
Subtitle I—Reports
Sec. 181. Reports.
TITLE II—GRASSLAND
Sec. 201. Removal of grasslands from National Forest system.
SEC. 2. EFFECTIVE DATE.
(a) IN GENERAL.—This Act and the amendments
and repeals made by this Act shall become effective on
March 1, 1996.
(b) INTERIM PROVISION.—Until the effective date
specified in subsection (a), management of livestock graz-
ing on Federal land shall be conducted in accordance with
the law (including regulations) in effect on May 18, 1995.
TITLE I—MANAGEMENT OF
GRAZING ON FEDERAL LAND
Subtitle A—General Provisions
SEC. 101. FINDINGS.
(a) FINDINGS.—Congress finds that—
(1) through the cooperative and concerted ef-
forts of the Federal rangeland livestock industry,
Federal and State land management agencies, and
the general public, the Federal rangelands are in the
best condition they have been in during this century,
and their condition continues to improve;
(2) as a further consequence of those efforts,
populations of big game and wildlife are increasing
and stabilizing across vast areas of the West;
(3) further efforts to assist in developing and
nurturing that cooperation at all levels of govern-
ment are important, and those efforts will provide
long-term benefits to the Nation’s rangelands and
their related resources;
(4) to promote the economic, cultural, and so-
cial well being of western States, rural communities
in the western States, and the western livestock in-
dustry, it is in the public interest to charge a fee for
livestock grazing permits and grazing leases on Fed-
eral land that is based on a formula that—
(A) reflects a fair return to the Federal
Government and the true costs to the permittee
or lessee; and
(B) promotes continuing cooperative stew-
ardship efforts;
(5) opportunities exist for improving efficiency
in the administration of the range programs on Fed-
eral land, and those opportunities should be pursued
with goals of—
(A) reducing planning and analysis costs
and their associated paperwork, procedural, and
clerical burdens; and
(B) refocusing efforts to the direct man-
agement of the resources themselves;
(6) in order to provide meaningful review and
oversight of the management of the public range-
lands and the grazing allotment on those rangelands,
refinement of the reporting of costs of various com-
ponents of the land management program is needed;
(7) incentives for greater local input into the
management of the public rangelands as well as in-
centives to encourage private investment in improve-
ment of the public rangelands will assist in those ef-
forts and are in the best interests of the United
States;
(8) the western livestock industry that relies on
Federal land plays an important and integral role in
maintaining and preserving the social, economic, and
cultural base of rural communities in the western
States and further plays an important and integral
role in the economies of the 16 western States in
which rangelands managed by the Secretary are
situated;
(9) maintaining the economic viability of the
western livestock industry is essential to maintaining
open space and habitat for big game, wildlife, and
fish, but currently there are pressures to sell the
base property of the Federal land ranches for sub-
division or other development, which would reduce or
remove the available open space and fish and wildlife
habitat; and
(10) since the enactment of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), the Secretary has been charged with
developing land use plans that are consistent with
land use plans adopted by State, local, and tribal
governments, but to date the planning efforts have
not produced land use plans for Federal land that
is in fact consistent with State, local, or tribal plan-
ning.
(b) REPEAL OF EARLIER FINDINGS.—Section 2(a) of
the Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901(a)) is amended—
(1) by striking paragraphs (1), (2), (3), and
(4);
(2) by redesignating paragraphs (5) and (6) as
paragraphs (1) and (2), respectively;
(3) in paragraph (1) (as so redesignated), by
adding ‘‘and’’ at the end; and
(4) in paragraph (2) (as so redesignated)—
(A) by striking ‘‘harrassment’’ and insert-
ing ‘‘harassment’’; and
(B) by striking the semicolon at the end
and inserting a period.
SEC. 102. APPLICATION OF ACT.
Except as provided in section 137(d), this Act applies
to—
(1) the management of grazing on Federal land
by the Secretary of the Interior under—
(A) the Act of June 28, 1934 (commonly
known as the ‘‘Taylor Grazing Act’’) (48 Stat.
1269, chapter 865; 43 U.S.C. 315 et seq.);
(B) the Act of August 28, 1937 (commonly
known as the ‘‘Oregon and California Railroad
and Coos Bay Wagon Road Grant Lands Act of
1937’’) (50 Stat. 874, chapter 876; 43 U.S.C.
1181a et seq.);
(C) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.);
(D) title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010 et seq.); and
(E) any other law; and
(2) the Secretary on behalf of the head of an-
other department or agency under a memorandum
of understanding under section 124.
SEC. 103. OBJECTIVE.
The objective of this Act is to achieve—
(1) orderly use, improvement, and development
of Federal land;
(2) enhancement of productivity of Federal land
by conservation of forage resources and reduction of
soil erosion and by proper management of other re-
sources such as by control of woody species invasion;
(3) stabilization of the livestock industry de-
pendent on the public rangeland;
(4) performance of an inventory and categoriza-
tion of public rangelands on the basis of range con-
ditions and trends; and
(5) consideration of wildlife populations and
habitat,
consistent with land-use plans, multiple-use, sustained
yield, environmental values, and economic and other objec-
tives stated in the Acts cited in section 102.
SEC. 104. DEFINITIONS.
(a) IN GENERAL.—In this Act:
(1) ACTIVE
USE.—The term ‘‘active use’’
means the amount of authorized livestock grazing
use that is being made at any time.
(2) ACTUAL
USE.—The term ‘‘actual use’’
means the places at which, the number and kinds or
classes of, and the length of time that livestock
graze on an allotment.
(3) ACTUAL USE REPORT.—The term ‘‘actual
use report’’ means a report of the actual livestock
grazing use submitted by a permittee or lessee.
(4) AFFECTED INTEREST.—The term ‘‘affected
interest’’ means an individual or organization that—
(A) has expressed in writing to an author-
ized officer concern for the management of live-
stock grazing on a specific grazing allotment
and has provided substantiated evidence that
the management of the public lands will affect
the individual or organization; and
(B) has been determined by an authorized
officer to be an affected interest.
(5) ALLOTMENT.—The term ‘‘allotment’’ means
an area of designated Federal land that includes
management for grazing of livestock.
age or older on the date on which the
animal begins grazing on Federal
land;
(II) any such animal regardless
of age if the animal is weaned on the
date on which the animal begins graz-
ing on Federal land; and
(III) any such animal that will
become 12 months of age during the
period of use authorized under a graz-
ing permit or grazing lease.
(ii) 
LIVESTOCK
NOT
COUNTED.—
There shall not be counted as an animal
unit month the use of Federal land for
grazing by—
(I) an animal that is less than 6
months of age on the date on which
the animal begins grazing on Federal
land and is the natural progeny of an
animal on which a grazing fee is paid
if the animal is removed from the
Federal land before becoming 12
months of age; or
(II) an animal that is progeny,
born during the period of use author-
ized under a grazing permit or graz-
ing lease, of an animal on which a
grazing fee is paid.
(8) AUTHORIZED OFFICER.—The term ‘‘author-
ized officer’’ means a person authorized by the Sec-
retary to administer this title, the Acts cited in sec-
tion 102, and regulations issued under this title and
those Acts.
(9) BASE PROPERTY.—The term ‘‘base prop-
erty’’ means—
(A) land that has the capability of produc-
ing crops or forage that can be used to support
authorized livestock for a specified period of the
year; and
(B) water that is suitable for consumption
by livestock and is available to and accessible by
authorized livestock when the land is used for
livestock grazing.
(10) CANCEL; 
CANCELLATION.—The terms
‘‘cancel’’ and ‘‘cancellation’’ refer to a permanent
termination, in whole or in part, of—
(A) a grazing permit or grazing lease and
grazing preference; or
(B) a free-use grazing permit or other
grazing authorization.
(11) CLASS.—The term ‘‘class’’, in reference to
livestock, refers to the age and sex of a group of
livestock.
(12) CONSULTATION, COOPERATION, AND CO-
ORDINATION.—The term ‘‘consultation, cooperation,
and coordination’’ has the meaning stated in section
402(d) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1752(d)), as amended.
(13) CONTROL.—The term ‘‘control’’, in ref-
erence to base property or livestock, means respon-
sibility for providing care and management of base
property or livestock.
(14) FEDERAL
LAND.—The term ‘‘Federal
land’’—
(A) means land or an interest in land out-
side the State of Alaska that is owned by the
United States and administered by the Sec-
retary of the Interior, acting through the Direc-
tor of the Bureau of Land Management; but
(B) does not include land held for the ben-
efit of Indians.
(15) GRAZING DISTRICT.—The term ‘‘grazing
district’’ means the specific area within which Fed-
eral land is administered 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).
(16) GRAZING FEE YEAR.—The term ‘‘grazing
fee year’’, for billing purposes, means a 12-month
period that begins on March 1 of a year and ends
on the last day of February of the following year.
(17) GRAZING
LEASE.—The term ‘‘grazing
lease’’ means a document authorizing use of Federal
land 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), for the purpose of grazing live-
stock.
(18) GRAZING
PERMIT.—The term ‘‘grazing
permit’’ means a document authorizing use of the
Federal land 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), for the purpose of grazing
livestock.
(19) GRAZING PREFERENCE.—The term ‘‘graz-
ing preference’’ means the number of animal unit
months of livestock grazing on Federal land as adju-
dicated or apportioned and attached to base prop-
erty owned or controlled by a permittee or lessee.
(20) LAND BASE PROPERTY.—The term ‘‘land
base property’’ means base property described in
paragraph (9)(A).
(21) LAND USE PLAN.—The term ‘‘land use
plan’’ means—
(A) a resource management plan; or
(B) a management framework plan that is
in effect pending completion of a resource man-
agement plan,
developed in accordance with the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1701
et seq.).
(22) 
LIVESTOCK.—The 
term 
‘‘livestock’’
means—
(A) a species of domestic livestock, includ-
ing cattle, sheep, horses, burros, and goats; and
(B) a member of such a species.
(23) LIVESTOCK
CARRYING
CAPACITY.—The
term ‘‘livestock carrying capacity’’ means the maxi-
mum sustainable stocking rate that is possible with-
out inducing permanent damage to vegetation or re-
lated resources.
(24) MONITORING.—The term ‘‘monitoring’’
means the periodic observation and orderly collection
of data to evaluate—
(A) effects of management actions; and
(B) effectiveness of actions in meeting
management objectives.
(25) RANGE IMPROVEMENT.—The term ‘‘range
improvement’’—
(A) means an authorized activity or pro-
gram on or relating to rangeland that is de-
signed to—
(i) improve production of forage;
(ii) change vegetative composition;
(iii) control patterns of use;
(iv) provide water;
(v) stabilize soil and water conditions;
or
(vi) provide habitat for livestock, wild
horses and burros, and wildlife; and
(B) includes structures, treatment projects,
and use of mechanical means to accomplish the
goals described in subparagraph (A).
(26) RANGELAND STUDY.—The term ‘‘range-
land study’’ means a method of study for collecting
data on actual use, utilization, climatic conditions,
other special events, production trend, and range-
land condition and trend to determine whether man-
agement objectives are being met, that—
(A) uses physical examination of measure-
ments of range attributes and does not rely on
a cursory visual scanning of land unless the
condition to be assessed is patently obvious and
requires no physical examination; and
(B) is accepted by an authorized officer.
(27) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(28) SERVICE AREA.—The term ‘‘service area’’
means the area that can be properly grazed by live-
stock watering at a certain water.
(29) STOCKING
RATE.—The term ‘‘stocking
rate’’ means the number of animal unit months au-
thorized under a grazing permit or grazing lease
from year to year.
(30) SUBLEASE.—The term ‘‘sublease’’ means
an agreement by a permittee or lessee that—
(A) allows a person other than the permit-
tee or lessee to graze livestock on Federal land
without controlling the base property support-
ing the grazing permit or grazing lease; or
(B) allows grazing on Federal land by live-
stock not owned or controlled by the permittee
or lessee.
(31) SUPPLEMENTAL FEED.—The term ‘‘sup-
plemental feed’’ means a feed that supplements the
forage available from Federal land and is provided
to improve livestock nutrition or rangeland manage-
ment.
(32) SUSPEND; SUSPENSION.—The terms ‘‘sus-
pend’’ and ‘‘suspension’’ refer to a temporary with-
holding, in whole or in part, of a grazing preference
from active use, ordered by the Secretary or done
voluntarily by a permittee or lessee.
(33) TREND.—The term ‘‘trend’’ means the di-
rection of change, over time, toward or away from
a desired management objective.
(34) UTILIZATION.—The term ‘‘utilization’’
means the percentage of a year’s herbage production
consumed or destroyed by herbivores.
(35) WATER
BASE
PROPERTY.—The term
‘‘water base property’’ means base property de-
scribed in paragraph (9)(B).
(b) CONSULTATION, COOPERATION, AND COORDINA-
TION.—Section 402(d) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1752(d)) is
amended—
(1) by inserting a comma after ‘‘cooperation’’
each place it appears; and
(2) by adding at the end the following: ‘‘As
used in this subsection, the term ‘consultation, co-
operation, and coordination’ means engagement in a
good faith effort to reach consensus on issues, plans,
or management actions from—
‘‘(1) other agencies, permittees or lessees, and
affected interests involved in an activity with respect
to which consultation, cooperation, and coordination
are required under this title;
‘‘(2) resource advisory councils established
under section 177 of the Livestock Grazing Act;
‘‘(3) any State having land within the area to
be covered by an allotment management plan; and
‘‘(4) additional affected interests (as defined in
section 104(a)(4) of the Livestock Grazing Act).’’.
SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.
(a) STANDARDS AND GUIDELINES.—The Secretary
shall establish standards and guidelines on a State or re-
gional level in conjunction with the State department of
agriculture or other appropriate agency and the land-grant
university or other appropriate institution of higher edu-
cation of each interested State.
(b) RULE OF CONSTRUCTION.—Nothing in this Act
or any other law implies that a minimum national stand-
ard or guideline is necessary.
SEC. 106. LAND USE PLANS.
(a) PRINCIPLE OF MULTIPLE USE AND SUSTAINED
YIELD.—An authorized officer shall manage livestock
grazing on Federal land under the principle of multiple
use and sustained yield and in accordance with applicable
land use plans.
(b) CONTENTS OF LAND USE PLAN.—A land use
plan shall—
(1) establish allowable resource uses (singly or
in combination), related levels of production or use
to be maintained, areas of use, and resource condi-
tion goals and objectives to be obtained; and
(2) set forth programs and general manage-
ment practices needed to achieve management objec-
tives.
(c) APPLICATION OF NEPA.—A land use plan shall
be developed in conformance with the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(d) CONFORMANCE WITH LAND USE PLAN.—Live-
stock grazing activities and management actions approved
by the authorized officer—
(1) may include any such activities as are not
clearly prohibited by a land use plan; and
(2) shall not require any consideration under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in addition to the studies sup-
porting the land use plan.
SEC. 107. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to reduce or
otherwise limit the levels of livestock grazing that were
authorized to be permitted as of August 1, 1993.
Subtitle B—Qualifications and
Grazing Preferences
SEC. 111. MANDATORY QUALIFICATIONS.
Except as provided under sections 112, 114, and
134(c), to qualify for grazing use on Federal land an ap-
plicant shall—
(1) be engaged in the livestock business;
(2) own or control base property; and
(3) be—
(A) a citizen of the United States or a per-
son who has properly filed a valid declaration of
intention to become a citizen or a valid petition
for naturalization;
(B) a group or association authorized to
conduct business in the State in which the graz-
ing use is sought, all members of which are per-
sons described in subparagraph (A); or
(C) a corporation authorized to conduct
business in the State in which the grazing use
is sought.
SEC. 112. ACQUIRED LAND.
With respect to land acquired by the Secretary
through purchase, exchange, Act of Congress, or Execu-
tive order under the terms of which the Secretary is re-
quired to honor an existing grazing permit or grazing
lease, the permittee or lessee shall be considered qualified
for grazing use on that land.
SEC. 113. GRAZING PREFERENCES.
(a) BASE PROPERTY.—
(1) CRITERIA.—An authorized officer shall find
land or water owned or controlled by an applicant
for a grazing permit or grazing lease to be base
property if the land or water—
(A) serves as a base for a livestock oper-
ation that utilizes Federal land within a grazing
district; or
(B) is contiguous land, or noncontiguous
land if no applicant for the grazing permit or
grazing lease owns or controls contiguous land,
used in conjunction with a livestock operation
that utilizes Federal land outside a grazing
district.
(2) SPECIFICATION
OF
LENGTH
OF
TIME.—
After appropriate consultation, cooperation, and co-
ordination with the applicant only, an authorized of-
ficer shall specify the length of time for which land
base property shall be considered to be capable of
supporting authorized livestock during the year, rel-
ative to the multiple use management objective of
Federal land.
(3) SUBMISSION BY APPLICANT.—An applicant
shall—
(A) provide a legal description, or plat, of
the base property; and
(B) certify to the authorized officer that
the base property meets the requirements under
paragraphs (1) and (2).
(4) LOSS OF OWNERSHIP OR CONTROL.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), if a permittee or lessee loses
ownership or control of all or part of the base
property, the grazing permit or grazing lease, to
the extent it was based on the lost property,
shall terminate immediately, without notice
from the authorized officer.
(B) EXTENSION OF TERMINATION DATE.—
If, prior to losing ownership or control of the
base property, the permittee or lessee requests
in writing that the grazing permit or grazing
lease be extended to the end of the grazing sea-
son or grazing year, the authorized officer, after
consultation with the new owner or person in
control, may grant the request.
(C) AVAILABILITY FOR TRANSFER.—When
a grazing permit or grazing lease terminates be-
cause of a loss of ownership or control of a base
property, the grazing preference shall remain
with the base property and be available for
transfer under subsection (c) to the new owner
or person in control of the base property.
(5) ISOLATED
OR
DISCONNECTED
FEDERAL
LAND.—An applicant that owns or controls base
property contiguous to or cornering on a tract of
Federal land outside a grazing district that consists
of an isolated or disconnected tract embracing 760
acres or less shall, for a period of 90 days after the
tract has been offered for grazing lease, have a pref-
erence right to graze the tract.
(b) SPECIFYING GRAZING PREFERENCE.—
(1) IN GENERAL.—A grazing permit or grazing
lease shall specify a grazing preference that in-
cludes—
(A) a historical grazing preference right;
(B) active use, based on the amount of for-
age available for livestock grazing established in
the land use plan;
(C) suspended use; and
(D) voluntary and temporary nonuse.
(2) ATTACHMENT OF GRAZING PREFERENCE.—
A grazing preference identified in a grazing permit
or grazing lease shall attach to the base property
supporting the grazing permit or grazing lease.
(3) ATTACHMENT OF ANIMAL UNIT MONTHS.—
The animal unit months of a grazing preference
shall attach to—
(A) the acreage of land base property on a
pro rata basis; or
(B) water base property on the basis of
livestock forage production within the service
area of the water.
(c) TRANSFER OF GRAZING PREFERENCE.—
(1) IN GENERAL.—A transfer of a grazing pref-
erence, in whole or in part, may be made in accord-
ance with this subsection.
(2) QUALIFICATION OF TRANSFEREE.—A trans-
feree shall meet all necessary qualifications for a
grazing preference under this title.
(3) APPLICATION.—An application to transfer a
grazing preference shall evidence assignment of in-
terest and obligation in range improvements author-
ized on Federal land under section 122 and main-
tained in conjunction with the transferred pref-
erence.
(4) ACCEPTANCE OR REJECTION OF TERMS AND
CONDITIONS.—A transferee of a grazing preference
may elect to accept or reject the terms and condi-
tions of the terminating grazing permit or grazing
lease and of any related cooperative agreement or
range improvement permit or to accept those terms
and conditions with such modifications as the trans-
feree may request and the authorized officer approve
or with such modifications as the authorized officer
may require.
(5) APPLICATION
FOR
GRAZING
PERMIT
OR
GRAZING LEASE.—A proposed transferee shall file
an application for a grazing permit or grazing lease
to the extent of the transferred grazing preference
simultaneously with the filing of a transfer applica-
tion.
(6) TRANSFERS.—
(A) TRANSFERS
ON
SALE
OR
GRAZING
LEASE OF BASE PROPERTY.—If base property is
sold or leased, the transferee, not later than 90
days after the date of sale or grazing lease,
shall file with the authorized officer a properly
executed transfer application that—
(i) identifies the base property; and
(ii) states the amount of grazing pref-
erence being transferred in animal unit
months.
(B) TRANSFER FROM BASE PROPERTY TO
BASE PROPERTY.—
(i) IN GENERAL.—If a grazing pref-
erence is being transferred from 1 base
property to another base property, the
transferor shall own or control the base
property from which the grazing preference
is being transferred and file with the au-
thorized officer a properly completed trans-
fer application for approval.
(ii) CONSENT OF OWNER OF LEASED
BASE PROPERTY.—If the transferor leases
the base property, no transfer shall be al-
lowed without the written consent of the
owner and of any person or entity holding
an encumbrance of the base property from
which the transfer is to be made unless the
and the rate charged.
(ii)(I) The estimated average pounds
gained per season for the grazing lease.
(II) The total dollar amount estimated
to be realized from the grazing lease.
(III) Grazing lease acreage.
(IV) The State and county where the
grazing lease is located.
(iii) The classes of livestock grazed.
(iv) The term of the grazing lease.
(v)(I) Whether grazing lease payments
are paid if no grazing occurred.
(II) Whether the grazing lease con-
tains a take or pay provision.
(vi) Whether responsibility for the
grazing lease is ensured by daily livestock
care, water supply, or other factors.
(B) PRIVATE
NATIVE
RANGELAND.—For
the purpose of determining rates for grazing
leases of private native rangeland, rates for irri-
gated pasture, crop aftermath, and dryland win-
ter wheat shall be excluded.
(3) SURCHARGE.—
(A) IN GENERAL.—A surcharge shall be
added to the grazing fee billings for authorized