Union Calendar No. 201
105TH CONGRESS
1ST SESSION
H. R. 2493
[Report No. 105–346, Parts I and II]
A BILL
To establish a mechanism by which the Secretary
of Agriculture and the Secretary of the Interior
can provide for uniform management of livestock
grazing on Federal lands.
OCTOBER 24, 1997
Reported from the Committee on Agriculture with an
amendment
OCTOBER 24, 1997
Reported from the Committee on Resources with an
amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be
printed
IB
Union Calendar No. 201
105TH CONGRESS
1ST SESSION
H. R. 2493
[Report No. 105–346, Parts I and II]
To establish a mechanism by which the Secretary of Agriculture and the
Secretary of the Interior can provide for uniform management of livestock
grazing on Federal lands.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 18, 1997
Mr. SMITH of Oregon (for himself, Mr. STENHOLM, Mr. SESSIONS, Mr.
STUMP, Mr. BARRETT of Nebraska, Mrs. EMERSON, Mr. TIAHRT, Mr.
HASTINGS of Washington, Mr. CUNNINGHAM, Mr. GIBBONS, Mr. POMBO,
Mr. HERGER, Mr. BONO, Mr. WATKINS, Mr. HALL of Texas, Mr. PETER-
SON of Minnesota, Mr. LEWIS of Kentucky, Mr. RADANOVICH, Mr. BISH-
OP, Mr. HILL, Mr. TAYLOR of North Carolina, Mr. CALVERT, Mr. RIGGS,
Mr. FAZIO of California, Mr. CONDIT, Mr. DOOLEY of California, Mr.
HAYWORTH, and Mr. MORAN of Kansas) introduced the following bill;
which was referred to the Committee on Resources, and in addition to
the Committee 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
OCTOBER 24, 1997
Reported from the Committee on Agriculture with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 24, 1997
Additional sponsors: Mr. GOODLATTE, Mr. GALLEGLY, Mr. CANNON, Mr.
PICKETT, Mr. THOMAS, Mr. DOOLITTLE, and Mr. MCKEON
OCTOBER 24, 1997
Reported from the Committee on Resources with an amendment, committed
to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on September 18, 1997]
A BILL
To establish a mechanism by which the Secretary of Agri-
culture and the Secretary of the Interior can provide
for uniform management of livestock grazing on Federal
lands.
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 ‘‘For-
age Improvement Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rules of construction.
Sec. 3. Coordinated administration.
TITLE I—MANAGEMENT OF GRAZING ON FEDERAL LANDS
Sec. 101. Application of title.
Sec. 102. Definitions.
Sec. 103. Prohibited condition on issuance or renewal of grazing permits and
leases.
Sec. 104. Monitoring.
Sec. 105. Subleasing.
Sec. 106. Coordinated resource management practices.
Sec. 107. Fees and charges.
Sec. 108. Resource Advisory Councils.
TITLE II—MISCELLANEOUS
Sec. 201. Effective date.
Sec. 202. Issuance of new regulations.
SEC. 2. RULES OF CONSTRUCTION.
(a) LIMITATION ON APPLICATION.—Nothing in this
Act shall be construed to affect grazing in any unit of the
National Park System, in any unit of the National Wildlife
Refuge System, in any unit of the National Forest System
managed as a National Grassland by the Secretary of Agri-
culture under the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.), on any lands that are not Federal
lands (as defined in section 102), or on any lands that are
held by the United States in trust for the benefit of Indians.
(b) MULTIPLE USE ACTIVITIES NOT AFFECTED.—
Nothing in this Act shall be construed to limit or preclude
the use of, and access to, Federal lands (as defined in section
102) for hunting, fishing, recreational, watershed manage-
ment, or other multiple use activities in accordance with
applicable Federal and State laws and the principles of
multiple use.
(c) VALID EXISTING RIGHTS.—Nothing in this Act
shall be construed to affect valid existing rights, reserva-
tions, agreements, or authorizations under Federal or State
law.
(d) ACCESS TO NONFEDERALLY OWNED LANDS.—Sec-
tion 1323 of Public Law 96–487 (16 U.S.C. 3210) shall
continue to apply with regard to access to nonfederally
owned lands.
SEC. 3. COORDINATED ADMINISTRATION.
To the maximum extent practicable, the Secretary of
Agriculture and the Secretary of the Interior shall provide
for consistent and coordinated administration of livestock
grazing and management of Federal lands (as defined in
section 102), consistent with the laws governing such lands.
TITLE I—MANAGEMENT OF
GRAZING ON FEDERAL LANDS
SEC. 101. APPLICATION OF TITLE.
(a) FOREST SERVICE LANDS.—This title applies to the
management of grazing on National Forest System lands,
by the Secretary of Agriculture under the following laws:
(1) The 11th undesignated paragraph under the
heading ‘‘SURVEYING THE PUBLIC LANDS’’ under the
heading ‘‘UNDER THE DEPARTMENT OF THE
INTERIOR’’ in the Act of June 4, 1897 (commonly
known as the Organic Administration Act of 1897)
(30 Stat. 35, second full paragraph on that page; 16
U.S.C. 551).
(2) Sections 11, 12, and 19 of the Act of April
24, 1950 (commonly known as the Granger-Thye Act
of 1950) (64 Stat. 85, 88, chapter 97; 16 U.S.C. 580g,
580h, 580l).
(3) The Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528 et seq.).
(4) The Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.).
(5) The National Forest Management Act of
1976 (16 U.S.C. 472a et seq.).
(6) The Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(7) The Public Rangelands Improvement Act of
1978 (43 U.S.C. 1901 et seq.).
(b) BUREAU OF LAND MANAGEMENT LANDS.—This
title applies to the management of grazing on Federal lands
administered by the Secretary of the Interior under the fol-
lowing laws:
(1) 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.).
(2) 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.).
(3) The Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(4) The Public Rangelands Improvement Act of
1978 (43 U.S.C. 1901 et seq.).
(5) The Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.).
(c) CERTAIN OTHER UNITED STATES LANDS.—This
title also applies to the management of grazing by the Sec-
retary concerned on behalf of the head of another depart-
ment or agency of the Federal Government under a memo-
randum of understanding.
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 commensurate base property.
(2) AUTHORIZED OFFICER.—The term ‘‘author-
ized officer’’ means a person authorized by the Sec-
retary 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 land, water, or water rights owned or
controlled by a permittee or lessee to which a Federal
allotment is appurtenant.
(4) COMMENSURATE.—The term ‘‘commensu-
rate’’ means private property of sufficient productiv-
ity to support the feed or water needs (or both) of
livestock during the period of time that such livestock
are not physically on the Federal allotment.
(5) CONSULTATION, COOPERATION, AND COORDI-
NATION.—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 fully communicate; and
(B) to provide for a mutually supported ac-
tion to achieve a mutually agreed purpose.
(6) COOPERATIVE MANAGEMENT AGREEMENT.—
The term ‘‘cooperative management agreement’’
means a written agreement between the Secretary
concerned (or a designee of the Secretary concerned)
and a permittee or lessee that—
(A) is consistent with and incorporates by
reference relevant provisions of existing land use
plans; and
(B) provides the permittee or lessee with the
opportunity to exercise management flexibility
beyond the limits of an allotment management
plan or a grazing permit or lease that is not is-
sued pursuant to a cooperative management
agreement.
(7) COORDINATED
RESOURCE
MANAGEMENT.—
The term ‘‘coordinated resource management’’ means
the planning and implementation of voluntary man-
agement activities in a specified area that involves
the consultation, cooperation, and coordination of the
Forest Service or the Bureau of Land Management
(or both) with affected State or Federal agencies, pri-
vate land owners, and users of Federal lands.
(8) FEDERAL LANDS.—The term ‘‘Federal lands’’
means lands outside the State of Alaska that are
owned by the United States and are—
(A) included in the National Forest System;
or
(B) administered by the Secretary of the In-
terior under the laws specified in section 101(b).
(9) GRAZING
PERMIT
OR
LEASE.—The term
‘‘grazing permit or lease’’ means a document author-
izing use of Federal lands for the purpose of grazing
livestock—
(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, chap-
ter 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, chap-
ter 865; 43 U.S.C. 315m); or
(C) on National Forest System lands under
section 19 of the Act of April 24, 1950 (com-
monly known as the Granger-Thye Act of 1950)
(64 Stat. 88, chapter 97; 16 U.S.C. 580l).
(10) LAND
USE
PLAN.—The term ‘‘land use
plan’’ means—
(A) a land and resource management plan
prepared by the Forest Service pursuant to sec-
tion 6 of the Forest and Rangeland Renewable
Resources 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) developed in accordance with the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) for Federal lands adminis-
tered by the Bureau of Land Management.
(11) 
MONITORING.—The 
term 
‘‘monitoring’’
means the orderly collection of information using
techniques that are scientifically based and profes-
sionally accepted to determine trend and condition of
forage and related resources on Federal lands. Such
information may include historical information, but
must be objective and reliable. Such information shall
be used to evaluate—
(A) the effects of ecological changes and
management actions on forage and related re-
sources; and
(B) the effectiveness of actions in meeting
management objectives.
(12) 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 include
any lands managed as a National Grassland under
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010
et seq.).
(13) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture, with re-
spect to the National Forest System; and
(B) the Secretary of the Interior, with re-
spect to Federal lands administered by the Sec-
retary of the Interior under the laws specified in
section 101(b).
(14) SIXTEEN CONTIGUOUS WESTERN STATES.—
The term ‘‘sixteen contiguous Western States’’ means
the States of Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Nevada, New Mexico,
North Dakota, Oklahoma, Oregon, South Dakota,
Utah, Washington, and Wyoming.
(15) SUBLEASE.—The term ‘‘sublease’’ means an
agreement by a permittee or lessee that allows grazing
on Federal lands by livestock not owned or controlled
by the permittee or lessee.
SEC. 103. PROHIBITED CONDITION ON ISSUANCE OR RE-
NEWAL OF GRAZING PERMITS AND LEASES.
The Secretary concerned may not impose as a condi-
tion for the issuance or renewal of a grazing permit or lease
that the permittee or lessee provide access across private
property unless the condition is limited to access for Federal
personnel engaged in authorized land management activi-
ties.
SEC. 104. MONITORING.
(a) MONITORING.—The monitoring of resource condi-
tions and trends on Federal lands within an allotment shall
be performed by a qualified person approved by the Sec-
retary concerned and selected only from among the follow-
ing:
(1) Federal, State, or local government person-
nel.
(2) A grazing permittee or lessee.
(3) A professional consultant retained by the
United States or a permittee or lessee.
(b) MONITORING CRITERIA AND PROTOCOLS.—Mon-
itoring shall be conducted according to regional or State
criteria and protocols that are scientifically based, profes-
sionally accepted, and site specific.
(c) NOTICE.—In conducting monitoring, the Secretary
concerned shall provide reasonable notice of the monitoring
to affected permittees or lessees, including prior notice to
the extent practicable of not less than 48 hours.
SEC. 105. SUBLEASING.
(a) IN GENERAL.—The Secretary concerned shall au-
thorize subleasing with respect to a grazing permit or lease,
in whole or in part, only—
(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 permittees
or lessees); or
(3) if the grazing permit or lease is issued to a
grazing association whose members or shareholders
have exclusive rights to graze livestock on the Federal
lands allotted to the grazing association.
(b) TREATMENT OF OWNERSHIP BY RELATIVES.—
(1) IN GENERAL.—Livestock owned by a relative
described in paragraph (2) of a permittee or lessee
shall be considered as owned or controlled by the per-
mittee or lessee for purposes of this title.
(2) COVERED RELATIVES.—A relative referred to
in paragraph (1), with respect to a permittee or les-
see, means a spouse, a parent or spouse of a parent,
a grandparent or spouse of a grandparent, a sibling
or spouse of a sibling, a child, or a grandchild of the
permittee or lessee.
(c) TREATMENT OF LEASE OR SUBLEASE OF BASE
PROPERTY.—The leasing or subleasing of the base property
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 conditions of
the existing grazing permit or lease, or cooperative manage-
ment agreement and the covenants of the allotment manage-
ment, if such exists, shall bind such person.
SEC. 106. COORDINATED RESOURCE MANAGEMENT PRAC-
TICES.
(a) USE OF COORDINATED RESOURCE MANAGEMENT
PRACTICES ENCOURAGED.—The Secretary concerned may
encourage the use of coordinated resource management
practices when such practices are authorized under a coop-
erative management agreement entered into with a permit-
tee or lessee (or an organized group of permittees or lessees)
in a specified geographic area. The coordinated resource
management practices shall be—
(1) scientifically based; and
(2) consistent with goals and management objec-
tives of the applicable land use plan.
(b) FEDERAL ADVISORY COMMITTEE ACT.—Activities
under this section shall be exempt from the Federal Advi-
sory Committee Act (5 U.S.C. App.).
SEC. 107. FEES AND CHARGES.
(a) GRAZING FEES.—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
Treasury Securities six-month bill ‘‘new issue’’ rate, and
divided by 12. The gross value of production for beef cattle
shall be determined by the Economic Research Service of
the Department of Agriculture in accordance with sub-
section (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 ani-
mal begins grazing on Federal lands;
(2) any such animal regardless of age if the ani-
mal is weaned on the date on which the animal be-
gins grazing on Federal 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 removed from such lands before
becoming 12 months of age.
(d) TREATMENT OF OTHER FEES AND CHARGES.—
(1) AMOUNT OF FLPMA FEES AND CHARGES.—
The fees and charges under section 304(a) of the Fed-
eral 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
administrative and processing costs incurred by the
Secretary concerned.
(2) NOTICE OF CHANGES.—Notice of a change in
a service charge shall be published in the Federal Reg-
ister.
(e) CRITERIA FOR ECONOMIC RESEARCH SERVICE.—
(1) GROSS VALUE OF PRODUCTION OF BEEF CAT-
TLE.—The Economic Research Service of the Depart-
ment of Agriculture shall continue to compile and re-
port 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 In-
dicators 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 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 available to
the Secretary concerned, and published in the Federal
Register, on or before February 15 of each year.
SEC. 108. RESOURCE ADVISORY COUNCILS.
(a) ESTABLISHMENT REQUIRED.—
(1) JOINT
ESTABLISHMENT.—The Secretary of
Agriculture and the Secretary of the Interior shall
jointly establish and operate 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 SECRETARY.—If
the Federal lands in an area for which a Resource
Advisory Council is to be established are under the ju-
risdiction of a single Secretary concerned, that Sec-
retary concerned shall be responsible for the establish-
ment and operation of the Resource Advisory Council.
(3) EXCEPTION TO REQUIREMENT.—A Resource
Advisory Council is not required in any State, re-
gion, or local area in which the Secretaries jointly de-
termine that there is insufficient interest in partici-
pation 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 per-
formed.
(4) CONSULTATION.—The establishment of a Re-
source 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 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 major-
ity vote of its members.
(d) DISREGARD OF ADVICE.—If a Resource Advisory
Council is concerned that its advice is being arbitrarily dis-
regarded, the Resource Advisory Council may request that
the Secretary concerned respond directly to the Resource
Advisory Council’s concerns. The Secretary concerned shall
submit to the Council a written response to the request with-
in 60 days after the Secretary receives the request. The re-
sponse 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 admin-
istrative appeal; or
(2) be subject to appeal.
(e) MEMBERSHIP.—
(1) NUMBERS.—The Secretary of Agriculture
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 ap-
pointments shall be made in consultation with the
Governor of the affected State or States. A Council
shall consist of not less than nine members and not
more than fifteen members.
(2) REPRESENTATION.—In appointing members
to a Resource Advisory Council, the Secretaries or the
Secretary concerned (as the case may be) shall pro-
vide for balanced and broad representation of permit-
tees and lessees holding a grazing permit or lease and
other groups, such as commercial interests, rec-
reational users, representatives of recognized local en-
vironmental or conservation organizations, edu-
cational, professional, or academic interests, rep-
resentatives of State and local government or govern-
mental agencies, Indian tribes, and other members of
the affected public.
(3) INCLUSION OF ELECTED OFFICIAL.—The Sec-
retaries or the Secretary concerned (as the case may
be) shall appoint as a member of each Resource Advi-