transferor is a lessee without whose live-
stock operations the grazing preference
would not have been established.
(7) TERMINATION.—On the date of approval of
a transfer, the existing grazing permit or grazing
lease shall terminate automatically and without no-
tice to the extent of the transfer.
(8) ACQUISITION OF BASE PROPERTY BY PER-
SON NOT QUALIFIED.—
(A) NO EFFECT FOR 2 YEARS.—For a pe-
riod of 2 years after an unqualified transferee
acquires rights in base property through oper-
ation of law or testamentary disposition, the
transfer shall not—
(i) affect the grazing preference or
any outstanding grazing permit or grazing
lease; or
(ii) preclude the issuance or renewal
of a grazing permit or grazing lease based
on the base property.
(B) CANCELLATION.—If an unqualified
transferee fails to qualify for a transfer under
this section within the 2-year period described
in subparagraph (A), the grazing preference
shall be subject to cancellation, but the author-
ized officer may grant extensions of the 2-year
period if there have been delays solely attrib-
utable to probate proceedings.
(9) FAILURE TO COMPLY.—Failure of a trans-
feree or transferor to comply with this subsection
may result in rejection of the transfer application or
cancellation of the grazing preference.
(d) ALLOTMENTS.—After consultation, cooperation,
and coordination with permittees or lessees, an authorized
officer may designate and adjust allotment boundaries.
SEC. 114. CHANGES IN GRAZING PREFERENCE STATUS.
(a) IN GENERAL.—An authorized officer shall peri-
odically review the stocking rate specified in a grazing per-
mit or grazing lease and may make changes in the status
of the stocking rate.
(b) SUPPORT.—A change in a stocking rate shall be
supported by monitoring, as evidenced by rangeland stud-
ies conducted over time, and as is specified in an applica-
ble land use plan or as is necessary to manage, maintain,
or improve rangeland productivity.
(c) INCREASE IN ACTIVE USE.—
(1) IN GENERAL.—Any additional forage that
becomes available may be apportioned to a qualified
applicant for livestock grazing use, consistent with
multiple-use management objectives.
(2) TEMPORARY AVAILABILITY.—Any additional
forage that becomes temporarily available for live-
stock grazing use (including forage that is tempo-
rarily available within an allotment because of a
change in grazing use under section 131(b)) may be
apportioned on a nonrenewable basis.
(3) AVAILABILITY ON SUSTAINED USE BASIS.—
(A) IN GENERAL.—Any additional forage
that becomes available on a sustained yield
basis for livestock grazing use shall be appor-
tioned in satisfaction of grazing preferences to
the permittees and lessees authorized to graze
in the allotment in which the forage is available
before being apportioned to other persons under
subparagraph (B).
(B) APPORTIONMENT TO OTHERS.—After
consultation, cooperation, and coordination, ad-
ditional forage on a sustained yield basis avail-
able for livestock grazing use exceeding the
amount of grazing preferences of the permittees
and lessees in an allotment may be apportioned
in the following priority to—
(i) permittees and lessees in propor-
tion to their contribution or efforts that re-
sulted in increased forage production;
(ii) permittees or lessees in proportion
to the amount of their grazing preferences;
and
(iii) other qualified applicants under
section 131.
(d) DECREASE IN AUTHORIZED GRAZING USE.—
(1) TEMPORARY SUSPENSION.—
(A) IN GENERAL.—Active use may be sus-
pended in whole or in part on a temporary basis
to facilitate—
(i) recovery from drought, fire, or an-
other natural event; or
(ii) installation, maintenance, or modi-
fication of range improvements.
(B) IMPLEMENTATION.—If an authorized
officer determines that the soil, vegetation, or
other resources on Federal land require tem-
porary protection because of conditions such as
drought, fire, flood, or insect infestation, after
consultation, cooperation, and coordination with
affected permittees or lessees and other affected
interests, action shall be taken to close allot-
ments or portions of allotments to grazing by
any kind of livestock or to modify authorized
grazing use.
(2) PERMANENT SUSPENSION.—When monitor-
ing shows that active use is causing an unacceptable
level or pattern of utilization or exceeds the livestock
carrying capacity, as determined through monitor-
ing, an authorized officer, after evaluating and im-
plementing all reasonable and viable management
practices or alternatives, shall reduce active use if
necessary to maintain or improve rangeland produc-
tivity only if the authorized officer determines that
a change in management practices would not achieve
the management objectives.
(3) PERIOD OF SUSPENSION.—When active use
is reduced, the active use shall be held in suspension
or in nonuse for conservation and protection pur-
poses until the authorized officer determines that ac-
tive use may resume.
(e) IMPLEMENTATION OF CHANGES IN AVAILABLE
FORAGE.—
(1) PHASING-IN.—A change in active use in ex-
cess of 10 percent shall be implemented over a 5-
year period, unless, after consultation with the af-
fected permittees or lessees and other affected inter-
ests, an agreement is reached to implement the in-
crease or decrease over less than a 5-year period.
(2) SUSPENSION OF GRAZING PREFERENCE.—
(A) IN GENERAL.—After consultation, co-
operation, and coordination, a suspension of a
grazing 
preference 
shall 
be 
implemented
through a documented agreement or by decision
of an authorized officer.
(B) 
DATA
AVAILABLE.—If 
acceptable
range analysis data are properly gathered, ana-
lyzed, and reviewed by the authorized officer,
an initial decrease shall be taken on the effec-
tive date of the agreement or decision and the
balance taken in the third and fifth years fol-
lowing that effective date, except as provided in
paragraph (1).
(C) DATA NOT AVAILABLE.—If data ac-
ceptable to the authorized officer to support an
initial decrease are not available—
(i) additional data shall be collected
through monitoring and in coordination
with the land-grant university (or other ap-
propriate institution of higher education)
and department of agriculture of the State;
and
(ii) adjustments based on the addi-
tional data shall be implemented by agree-
ment or decision that will initiate the 5-
year implementation period.
SEC. 115. CHANGES IN FEDERAL LAND ACREAGE.
(a) INCREASES IN LAND ACREAGE.—If land outside
a designated allotment becomes available for livestock
grazing—
(1) the forage available for livestock shall be
made available to a qualified applicant at the discre-
tion of the authorized officer; and
(2) grazing use shall be apportioned under sec-
tion 131.
(b) DECREASE IN LAND ACREAGE.—
(1) IN
GENERAL.—If there is a decrease in
Federal land acreage available for livestock grazing
within an allotment—
(A) grazing permits or grazing leases may
be canceled, suspended, or modified as appro-
priate to reflect the changed area of use; and
(B) grazing preferences may be canceled or
suspended in whole or in part.
(2) EQUITABLE APPORTIONMENT.—A cancella-
tion or suspension determined by the authorized offi-
cer to be necessary to protect Federal land—
(A) shall be apportioned as agreed among
the authorized users and the authorized officer;
or
(B) if no agreement is reached, shall be eq-
uitably apportioned by the authorized officer
based on the level of available forage and mag-
nitude of the change in Federal land acreage
available.
(3) DISPOSITION
OR
USE
FOR
PUBLIC
PUR-
POSE.—
(A) IN GENERAL.—If Federal land is dis-
posed of or devoted to a public purpose so as
to preclude livestock grazing, the Secretary
shall, except in a case of emergency such as
need to satisfy a national defense requirement
in time of war or a natural disaster, provide
permittees and lessees 2 years’ notice prior to
cancellation of grazing permits, grazing leases,
and grazing preferences.
(B) WAIVER.—A permittee or lessee may
unconditionally waive the 2-year prior notifica-
tion required by subparagraph (A).
(C) RIGHT TO COMPENSATION.—A waiver
under subparagraph (B) shall not prejudice a
permittee’s or lessee’s right to reasonable com-
pensation at (but not in excess of) the fair mar-
ket value of the permittee’s or lessee’s interest
in authorized permanent range improvements
located on Federal land.
Subtitle C—Grazing Management
SEC. 121. ALLOTMENT MANAGEMENT PLANS.
(a) IN GENERAL.—An allotment management plan
shall be prepared in careful and considered consultation,
cooperation, and coordination with permittees and lessees,
landowners, the grazing advisory council for the grazing
district, and any State having land within the area to be
covered by the allotment management plan.
(b) CONTENTS.—An allotment management plan
shall—
(1) include the terms and conditions described
in section 136;
(2) prescribe the livestock grazing practices
necessary to meet specific multiple-use management
objectives;
(3) specify the limits of flexibility within which
the permittee or lessee may adjust operations with-
out prior approval of the authorized officer; and
(4) provide for monitoring to evaluate the effec-
tiveness of management actions in achieving the spe-
cific multiple-use management objectives of the plan.
(c) PRIVATE AND STATE LAND.—Private and State
land shall be included in an allotment management plan
with the consent or at the request of the person that owns
or controls the land.
(d) INCORPORATION
IN GRAZING PERMITS
AND
GRAZING LEASES.—An allotment management plan shall
be incorporated into the affected grazing permits and
grazing leases.
(e) SATISFACTION
OF REQUIREMENTS
OF OTHER
LAWS.—The issuance of a grazing permit or grazing lease
that is consistent with a land use plan shall not be consid-
ered to be a Federal action requiring the conduct of any
study or assessment under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other
law.
SEC. 122. RANGE IMPROVEMENTS.
(a) RANGE IMPROVEMENT COOPERATIVE AGREE-
MENTS.—
(1) IN
GENERAL.—The Secretary may enter
into a cooperative agreement with a permittee or les-
see for the construction, installation, modification,
maintenance, or use of a permanent range improve-
ment or development of a rangeland to achieve a
management or resource condition objective.
(2) COST-SHARING.—A range improvement co-
operative agreement shall specify how the costs or
labor, or both, shall be shared between the United
States and the other parties to the agreement.
(3) TITLE.—
(A) IN GENERAL.—Subject to valid exist-
ing rights, title to an authorized permanent
range improvement under a range improvement
cooperative agreement shall be in the name of
the permittee or lessee and of the United
States, respectively, in proportion to the value
of the contributions (funding, material, and
labor) toward the initial cost of construction by
the United States and the permittee or lessee,
respectively.
(B) VALUE OF FEDERAL LAND.—For the
purpose of subparagraph (A), only a contribu-
tion to the construction, installation, modifica-
tion, or maintenance of a permanent rangeland
improvement itself, and not the value of Fed-
eral land on which the improvement is placed,
shall be taken into account.
(C) 
MAINTENANCE.—Maintenance 
of
range improvements in the form of time as
labor or monetary expenditures shall be applied
to the value and percentage of ownership pro-
portionate to the value of the contribution by a
party to the cooperative agreement.
(4) 
NONSTRUCTURAL
RANGE
IMPROVE-
MENTS.—A range improvement cooperative agree-
ment shall ensure that the respective parties enjoy
the benefits of any nonstructural range improve-
ment, such as seeding, spraying, and chaining, in
proportion to each party’s contribution to the im-
provement.
(5) INCENTIVE.—A range improvement cooper-
ative agreement shall contain terms and conditions
that are designed to provide a permittee or lessee an
incentive for investing in range improvements.
(b) RANGE IMPROVEMENT PERMITS.—
(1) APPLICATION.—A permittee or lessee may
apply for a range improvement permit to construct,
install, modify, maintain, or use a range improve-
ment that is needed to achieve management objec-
tives within the permittee’s or lessee’s allotment.
(2) FUNDING.—A permittee or lessee shall
agree to provide full funding for construction, instal-
lation, modification, or maintenance of a range im-
provement covered by a range improvement permit.
(3) AUTHORIZED OFFICER TO ISSUE.—A range
improvement permit shall be issued at the discretion
of the authorized officer.
(4) TITLE.—Title to an authorized permanent
range improvement under a range improvement per-
mit shall be in the name of the permittee or lessee.
(5) CONTROL.—The use by livestock of stock
ponds or wells authorized by a range improvement
permit shall be controlled by the permittee or lessee
holding a range improvement permit.
(c) STANDARDS, DESIGN, AND STIPULATIONS.—A
range improvement cooperative agreement under sub-
section (a) and a range improvement permit under sub-
section (b) shall specify the standards and design, con-
struction, and maintenance criteria for the range improve-
ments.
(d) ASSIGNMENT OF RANGE IMPROVEMENTS.—An
authorized officer shall not approve the transfer of a graz-
ing preference under section 113(c) or approve use by the
transferee of existing range improvements unless the
transferee has agreed to compensate the transferor for the
transferor’s interest in the authorized improvements with-
in the allotment as of the date of the transfer.
(e) REMOVAL AND COMPENSATION FOR LOSS OF
RANGE IMPROVEMENTS.—
(1) PROHIBITION OF REMOVAL.—A person shall
not remove a range improvement from Federal land
without authorization by the authorized officer.
(2) REQUIREMENT TO REMOVE.—The author-
ized officer may require a permittee or lessee to re-
move a range improvement on Federal land that the
permittee or lessee owns if the improvement is no
longer helping to achieve land use plan or allotment
goals and objectives or if the improvement fails to
meet the standards and criteria of subsection (c).
(3) CANCELLATION
OF
GRAZING
PERMIT
OR
GRAZING LEASE.—
(A) IN GENERAL.—If a grazing permit or
grazing lease is canceled in order to devote Fed-
eral land covered by the grazing permit or graz-
ing lease to another public purpose, including
disposal, the permittee or lessee shall be enti-
tled to receive from the United States reason-
able compensation for the value of the permit-
tee’s or lessee’s interest in authorized perma-
nent range improvements purchased by the per-
mittee or lessee or placed or constructed by the
permittee or lessee on Federal land covered by
the canceled grazing permit or grazing lease.
(B) FAIR MARKET VALUE.—The value of a
permitee’s or lessee’s interest under subpara-
graph (A) shall be equal to the fair market
value of the terminated portion of the permit-
tee’s or lessee’s interest in the permanent range
improvements.
(C) SALVAGE AND REHABILITATION.—In a
case in which a range improvement is author-
ized by a range improvement permit or range
improvement cooperative agreement, the per-
mittee or lessee may elect to salvage materials
and perform rehabilitation measures rather
than accept compensation for the fair market
value.
(4) CANCELLATION OF RANGE IMPROVEMENT
PERMIT OR COOPERATIVE AGREEMENT.—If a range
improvement permit or range improvement coopera-
tive agreement is canceled, the permittee or lessee
shall be allowed 180 days after the date of cancella-
tion in which to salvage material owned by the lessee
or permittee and perform rehabilitation measures
necessitated by the salvage.
(i) CONTRIBUTIONS.—An authorized officer may ac-
cept contributions of labor, material, equipment, or money
for administration, protection, and improvement of Fed-
eral land necessary to achieve the objectives of this title.
(j) TRANSFER OF OWNERSHIP OF IMPROVEMENTS.—
(1) MEDIATION.—An authorized officer may—
(A) mediate a dispute regarding reasonable
compensation in connection with a transfer of
ownership of a range improvement; and
(B) following consultation with the inter-
ested parties, make a determination concerning
the fair and reasonable share of operation and
maintenance expenses and compensation for use
of authorized range improvements.
(2) NO AGREEMENT.—If an agreement on the
amount of compensation cannot be reached, the au-
thorized officer shall issue a temporary grazing au-
thorization, including appropriate terms and condi-
tions and the requirement to compensate the permit-
tee or lessee for the fair share of operation and
maintenance, as determined by the authorized
officer.
SEC. 123. WATER RIGHTS.
(a) IN GENERAL.—No water rights shall be acquired,
perfected, owned, controlled, maintained, administered, or
transferred in connection with livestock grazing manage-
ment unless authorized in accordance with State law con-
cerning the use and appropriation of water within the
State.
(b) STATE LAW.—In managing livestock grazing on
Federal land, the Secretary shall follow State law with re-
gard to water ownership.
(c) RULE OF CONSTRUCTION.—Nothing in this title
shall be construed to create an expressed or implied res-
ervation of water rights in the United States.
SEC. 124. MANAGEMENT OF GRAZING ON LAND UNDER THE
JURISDICTION 
OF 
OTHER 
DEPARTMENTS
AND AGENCIES.
(a) IN GENERAL.—In the case of land under the ad-
ministrative jurisdiction of the head of another entity in
the department or of another department or agency on
which grazing is managed by the Secretary on behalf of
the head of that entity, department, or agency, the Sec-
retary shall enter into a memorandum of understanding
setting out the terms and conditions under which grazing
will be managed on that land.
(b) APPLICATION OF TITLE.—This title shall apply
to management of grazing under subsection (a) except to
the extent that the Secretary, in consultation with the
head of the department or agency with jurisdiction over
the land, in view of the needs of the other department
or agency or the applicability of other law, requires appli-
cation of different rules.
Subtitle D—Authorization of
Grazing Use
SEC. 131. APPLICATIONS.
(a) IN GENERAL.—An application for a grazing per-
mit or grazing lease authorizing active use and nonuse,
a free-use grazing permit, or other grazing authorization
shall be filed with the authorized officer at the local Bu-
reau of Land Management office having jurisdiction over
the Federal land that is the subject of the application.
(b) CHANGES IN GRAZING USE.—
(1) IN GENERAL.—In the case of any grazing
fee year, an application for a change in grazing use
should be filed with the authorized officer before the
billing notice for the affected grazing use has been
issued for the grazing fee year.
(2) LATE FILING.—An application for a change
in grazing use filed after a billing notice for the af-
fected grazing use has been issued that requires the
issuance of a replacement or supplemental billing no-
tice shall be subject to a service charge under section
137(d).
(3) AUTHORITY TO GRANT.—An authorized of-
ficer may grant an application for a change in graz-
ing use.
(c) CONFLICTING APPLICATIONS.—
(1) FACTORS
TO
BE
CONSIDERED.—If more
than 1 qualified applicant applies for livestock graz-
ing use of the same Federal land or if additional for-
age for livestock or additional acreage becomes avail-
able, an authorized officer may authorize grazing
use of the Federal land or use of forage—
(A) as provided in section 114(c); or
(B) on the basis of any of the following
factors:
(i) Historical use of Federal land.
(ii) Proper range management and
use of water for livestock.
(iii) General needs of the applicants’
livestock operations.
(iv) Topography.
(v) Other land use requirements
unique to the situation.
(2) FACTOR NOT TO BE CONSIDERED.—In au-
thorizing grazing use or use of forage under para-
graph (1), an authorized officer shall not take into
consideration the past practice or present willingness
of an applicant to allow public access to Federal
land over private land.
SEC. 132. GRAZING PERMITS OR GRAZING LEASES.
(a) SPECIFICATION OF TERMS AND CONDITIONS.—
A grazing permit or grazing lease shall specify terms and
conditions as required by section 136.
(b) TERM.—A grazing permit or grazing lease shall
be issued for a term of 15 years unless—
(1) the land is pending disposal;
(2) the land will be devoted to a public purpose
that precludes grazing prior to the end of 15 years;
or
(3) the Secretary determines that it would be in
the best interest of sound land management to speci-
fy a shorter term, if the decision to specify a shorter
term is supported by appropriate and accepted re-
source analysis and evaluation.
(c) RENEWAL.—A permittee or lessee holding a graz-
ing permit or grazing lease shall be given first priority
at the end of the term for renewal of the grazing permit
or grazing lease if—
(1) the land for which the grazing permit or
grazing lease is issued remains available for domes-
tic livestock grazing;
(2) the permittee or lessee is in compliance with
this title and the terms and conditions of the grazing
permit or grazing lease; and
(3) the permittee or lessee accepts the terms
and conditions included by the authorized officer in
the new grazing permit or grazing lease.
SEC. 133. FREE-USE GRAZING PERMITS.
(a) IN GENERAL.—A free-use grazing permit may be
issued, consistent with the Act, cited in section 102, to
an applicant—
(1) whose residence is adjacent to Federal land
within a grazing district;
(2) who needs Federal land to support domestic
livestock owned by the applicant; and
(3) whose products or work related to livestock
grazing are used directly and exclusively by the ap-
plicant and the applicant’s family.
(b) CONFLICTING APPLICATIONS.—The issuance of a
free-use grazing permit is subject to section 131(c).
(c) TERM.—A free-use grazing permit shall be issued
for a term of 1 year.
(d) NO TRANSFER
OR ASSIGNMENT.—A free-use
grazing permit may not be transferred or assigned.
SEC. 134. OTHER GRAZING AUTHORIZATIONS.
(a) EXCHANGE-OF-USE GRAZING AGREEMENTS.—
(1) IN GENERAL.—An exchange-of-use grazing
agreement may be issued to any applicant that owns
or controls land that is unfenced and intermingled
with Federal land when use under such an agree-
ment would be in harmony with the management ob-
jectives for the allotment.
(2) EXTENT
OF
USE.—An exchange-of-use
grazing agreement may authorize use of Federal
land to the extent of the livestock carrying capacity
of the land offered in exchange-of-use.
(3) NO FEE.—No fee shall be charged for graz-
ing use under an exchange-of-use agreement.
(b) NONRENEWABLE GRAZING PERMITS AND GRAZ-
ING LEASES.—A nonrenewable grazing permit or grazing
lease may be issued on an annual basis to a qualified ap-
plicant when forage is temporarily available if grazing use
under the grazing permit or grazing lease—
(1) is consistent with multiple-use objectives;
and
(2) does not interfere with other livestock oper-
ations on the Federal land concerned.
(c) CROSSING PERMITS.—An applicant showing the
necessity for crossing Federal land or other land under
control of the Secretary with livestock for proper and law-
ful purposes may be issued a crossing permit on such
terms and conditions as the authorized officer considers
necessary to achieve the objectives of this title.
(d) SPECIAL
GRAZING
PERMITS
OR
GRAZING
LEASES.—
(1) IN GENERAL.—A special grazing permit or
grazing lease authorizing grazing use by privately
owned or controlled indigenous animals may be is-
sued at the discretion of the authorized officer, con-
sistent with multiple-use objectives.
(2) TERM.—A special grazing permit or grazing
lease shall be issued for such a term as the author-
ized officer considers to be appropriate, not to ex-
ceed 10 years.
(e) NO PRIORITY; NO TRANSFER OR ASSIGNMENT.—
An exchange-of-use grazing agreement, nonrenewable
grazing permit or grazing lease, crossing permit, or special
grazing permit or grazing lease shall have no priority for
renewal and may not be transferred or assigned.
SEC. 135. OWNERSHIP AND IDENTIFICATION OF LIVE-
STOCK.
(a) IN GENERAL.—A permittee or lessee shall own
or control and be responsible for the management of the
livestock that graze the Federal land under a grazing per-
mit or grazing lease.
(b) COMPLIANCE WITH STATE REQUIREMENTS.—An
authorized user shall comply with the requirements of the
State in which Federal land is located relating to brand-
ing, marking, or tagging of livestock, breed, grade, and
number of bulls, health, and sanitation.
(c) MARKING OR TAGGING.—An authorized officer
shall not impose any marking or tagging requirement in
addition to the requirement under State law.
(d) 
FILING
OF
CONTROL
AGREEMENT
AND
BRAND.—A permittee or lessee that controls but does not
own the livestock that graze Federal land shall file with
the authorized officer—
(1) the agreement that gives the permittee or
lessee control of the livestock; and
(2) the brand and other identifying marks on
the livestock.
SEC. 136. TERMS AND CONDITIONS.
(a) IN GENERAL.—
(1) SPECIFICATIONS.—An authorized officer
shall specify in a grazing permit or grazing lease the
kind and number of livestock, the periods of use, the
allotments to be used, and the amount of use (stated
in animal unit months) for each grazing permit or
grazing lease.
(2) AMOUNT OF USE.—The amount of livestock
grazing use that is authorized in a grazing permit
or grazing lease shall not exceed the livestock carry-
ing capacity of the Federal land concerned, as deter-
mined through monitoring and adjusted as necessary
under section 114.
(3) CANCELLATION, SUSPENSION, OR
MODI-
FICATION.—A grazing permit or grazing lease shall
be subject to cancellation, suspension, or modifica-
tion for any violation of this title or of any term or
condition of the grazing permit or grazing lease.
(b) NO SPECIAL TERMS AND CONDITIONS.—An au-
thorized officer shall not impose any term or condition in
a grazing permit or grazing lease other than a term or
condition described in subsection (a).
(c) MODIFICATION.—Following careful and consid-
ered consultation, cooperation, and coordination with per-
mittees, lessees, and other affected interests, an author-
ized officer may modify the terms and conditions of a
grazing permit or grazing lease if monitoring data show
that the grazing use is not meeting the land use plan or
management objectives.
SEC. 137. FEES AND CHARGES.
(a) GRAZING FEES.—
(1) BASIC FEE.—The basic fee for each animal
unit month in a grazing fee year shall be equal to
the 3-year average of the total gross value of pro-
duction for livestock, as determined by the National
Agricultural Statistics Service of the Department of
Agriculture in accordance with paragraph (2) on the
basis of economic data published by the Service in
the June Agricultural Survey for the 3 years preced-
ing the grazing fee year, multiplied by .06 and di-
vided by 12.
(2) CRITERIA.—
(A) IN GENERAL.—The National Agricul-
tural Statistics Service of the Department of
Agriculture shall make a determination under
paragraph (1) based on the following informa-
tion gathered from livestock grazing operators,
with respect to the largest single grazing lease
of each operator (in terms of dollars):
(i) Whether the operator charged—
(I) per acre;
(II) per head per month;
(III) per pound of gain;
(IV) per hundredweight of gain;
or
(V) by another measure,
ing lease, an authorized officer may credit
or refund a grazing fee in whole or in part
or postpone fee payment for as long as the
emergency exists.
(b) OTHER FEES AND CHARGES.—
(1) CROSSING PERMITS, TRANSFERS, AND BILL-
ING NOTICES.—A service charge shall be assessed
for each crossing permit, transfer of grazing pref-
erence, and replacement or supplemental billing no-
tice 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 processing costs
and shall be adjusted periodically as costs change.
(3) NOTICE OF CHANGE.—Notice of a change
in a service charge shall be published in the Federal
Register.
(c) REPEAL AND SUPERSEDURE.—
(1) REPEAL.—Section 6(a) of the Public
Rangelands Improvement Act of 1978 (43 U.S.C.
1905) is repealed.
(2) SUPERSEDURE.—This section supersedes
Executive Order 12548 (43 U.S.C. 1905 note) effec-
tive March 1, 1996.
(d) APPLICATION OF SECTION.—This section applies
to the management of livestock grazing on Federal land
by the Secretary of Agriculture, acting through the Chief
of the Forest Service, as well as to the Secretary.
SEC. 138. PLEDGE OF GRAZING PERMITS OR GRAZING
LEASES AS SECURITY FOR LOANS.
(a) RENEWAL.—A grazing permit or grazing lease
that has been pledged as security for a loan from a lending
agency shall be renewed by the authorized officer for a
period of not to exceed 15 years if—
(1) the loan is for the purpose of furthering the
permittee’s or lessee’s livestock operation;
(2) the permittee or lessee has complied with
this title; and
(3) renewal would be in accordance with other
applicable laws.
(b) EFFECT OF PLEDGE.—The pledging of a grazing
permit or grazing lease as security for a loan from a lend-
ing agency shall not exempt the grazing permit or grazing
lease from this title.
Subtitle E—Civil Violations and
Failures of Compliance
SEC. 141. CIVIL VIOLATIONS AND FAILURES OF COMPLI-
ANCE.
(a) SCOPE OF SECTION.—
(1) IN GENERAL.—This section states all of the
violations and failures of compliance that pertain
specifically to livestock grazing on Federal land that
may result in imposition of a sanction described in
subsection (c) against a person in the person’s ca-
pacity as a permittee, lessee, or applicant for a graz-
ing permit or grazing lease.
(2) OTHER VIOLATIONS.—A permittee, lessee,
or applicant for a grazing permit or grazing lease
that commits a violation relating to Federal land
under a law that applies to all persons generally
shall be subject to penalty under that law.
(b) IN GENERAL.—A person that does 1 of the fol-
lowing shall be subject to a civil sanction under subsection
(c):
(1) Fails to make substantial grazing use as au-
thorized by a grazing permit or grazing lease for 2
consecutive fee years.
(2) Places supplemental feed on land covered by
a grazing permit or grazing lease without authoriza-
tion.
(3) Fails to comply with a term, condition, or
stipulation of a range improvement cooperative
agreement or range improvement permit.
(4) Enters into an unauthorized sublease.
(5) Allows livestock or another privately owned
or controlled animal to graze on or be driven across
Federal land—
(A) without a grazing permit, grazing
lease, or other grazing use authorization;
(B) in violation of a term or condition of
a grazing permit, grazing lease, or other graz-
ing use authorization, including a provision
stating the number of livestock covered by the
authorization;
(C) in an area or at a time different from
that authorized; or
(D) if the livestock is not identified in
compliance with section 135.
(6) Installs, uses, modifies, or removes a range
improvement on Federal land without authorization.
(7) Damages or removes Federal Government
property from Federal land without authorization.
(8) Molests livestock authorized to graze on
Federal land.
(9) Interferes with a lawful grazing use or law-
ful user.
(10) Knowingly or willfully makes a false state-
ment or representation in a base property certifi-
cation, grazing application, range improvement per-
mit application, cooperative agreement, or actual use
report, or an amendment thereto.
(11) Grazes livestock on Federal land not sub-
stantially in compliance with State livestock require-
ments relating to—
(A) branding, marking, or tagging of live-
stock;
(B) breed, grade, or number of bulls; or
(C) health or sanitation.
(c) PENALTIES.—
(1) IN GENERAL.—In a case of a violation or
failure of compliance described in subsection (b), an
authorized officer may—
(A) withhold issuance of a grazing permit
or grazing lease for a period of time;
(B) suspend the grazing use authorized
under a grazing permit or grazing lease for a
period of time, in whole or in part; or
(C) cancel a grazing permit or grazing
lease and grazing preference, or a free-use graz-
ing permit or other grazing authorization, in
whole or in part.
(2) SECOND OR SUBSEQUENT WILLFUL VIOLA-
TION.—In a case of a second or subsequent willful
civil violation described in subsection (a), an author-
ized officer shall—
(A) suspend the grazing use authorized
under a grazing permit for a period of time, in
whole or in part; or
(B) cancel a grazing permit or grazing
lease and grazing preference, in whole or in
part.
(3) CONSIDERATION
OF
SEVERITY.—A deter-
mination of the length of time that a grazing permit
or grazing lease will be withheld or suspended or
that a grazing permit or grazing lease will be can-
celed shall reflect the severity of the violation or fail-
ure of compliance.
(4) REFERRAL FOR ACTION UNDER SUBTITLE
F.—If a person other than a permittee or lessee vio-
lates subsection (a)(5), and the person has not made
satisfactory settlement under section 153, the au-
thorized officer shall refer the matter to proper au-
thorities for appropriate legal action by the United
States against the violator under subtitle F.
(5) SUBLEASES.—
(A) IN GENERAL.—A person who violates
subsection (b)(4) shall be required to pay to the
United States the dollar equivalent value, as de-
termined by the authorized officer, of all com-
pensation received for the sublease that is in ex-
cess of the sum of the established grazing fee
and the cost incurred by the person for the in-
stallation and maintenance of authorized range
improvements.
(B) FAILURE TO PAY.—If the dollar equiv-
alent value is not received by the authorized of-
ficer within 30 days of receipt of a final deci-
sion, the grazing permit or grazing lease shall
be canceled.
(C) 
ADDITIONAL
PENALTY.—Payment
under this paragraph shall be in addition to any
other penalties the authorized officer may im-
pose under this subsection.
(6) FAILURE TO USE.—After consultation, co-
operation, and coordination, the authorized officer
may cancel a grazing preference to the extent of fail-
ure to use when a permittee or lessee has failed to
(1) suspend the grazing use authorized under a
grazing permit or grazing lease, in whole or in part;
or
(2) cancel a grazing permit or grazing lease and
grazing preference, or a free-use grazing permit or
other grazing authorization, in whole or in part.
(c) SETTLEMENT AMOUNT.—Except as provided in
subsection (e), the settlement amount in the case of a vio-
lation described in section 151 shall include—
(1) the value of forage consumed as determined
under subsection (d);
(2) the full value for all damage to Federal land
and other property of the United States resulting
from the violation; and
(3) all reasonable expenses incurred by the
United States in detecting, investigating, and resolv-
ing the violation, and livestock impoundment costs.
(d) VALUE OF FORAGE.—
(1) NONWILLFUL VIOLATION.—In the case of a
nonwillful violation, the value of forage consumed
shall be the product of—
(A) average monthly rate per animal unit
month for pasturing livestock on privately
owned land (excluding irrigated land) for the 16
western States as published annually by the De-
partment of Agriculture; and
(B) the period of the violation.
(2) WILLFUL VIOLATIONS.—In the case of a
willful violation, the value of forage consumed shall
be twice the value determined under paragraph (1).
(3) SECOND OR SUBSEQUENT WILLFUL VIOLA-
TIONS.—In the case of a second or subsequent will-
ful violation, the value of forage consumed shall be
3 times the value determined under paragraph (1).
(e) NONMONETARY SETTLEMENT.—An authorized
officer may approve a nonmonetary settlement of a case
of a violation described in section 151 if the authorized
officer determines that each of the following conditions is
satisfied:
(1) NO FAULT.—Evidence shows that the unau-
thorized use occurred through no fault of the live-
stock operator.
(2) INSIGNIFICANCE.—The forage use is insig-
nificant.
(3) NO DAMAGE.—Federal land has not been
damaged.
(4) BEST
INTERESTS.—Nonmonetary settle-
ment is in the best interests of the United States.
(f) EFFECT OF SETTLEMENT.—Payment of a settle-
ment amount under this section shall not relieve the viola-
tor of any criminal liability under Federal or State law.
(g) NO GRAZING USE.—A person who is found to
have committed a violation described in section 151 shall
not be authorized to make grazing use until any settle-
ment amount found to be due under this section has been
paid.
(h) OTHER SANCTIONS.—An authorized officer may
cancel or suspend a grazing authorization or deny ap-
proval of an application for grazing use until a settlement
amount found to be due under this section has been paid.
SEC. 154. IMPOUNDMENT AND SALE.
(a) IN GENERAL.—Subject to section 152(b), unau-
thorized livestock remaining on Federal land after the date
specified in a notice and order under section 152(a) may
be impounded and sold by the authorized officer, acting
in conjunction with the State Livestock Board.
(b) NOTICE OF INTENT TO IMPOUND.—
(1) KNOWN OWNER.—
(A) SERVICE.—A written notice of intent
to impound shall be sent by certified mail or
personally delivered to the livestock owner (or
the owner’s agent).
(B) CONTENTS.—The written notice shall
state that unauthorized livestock on specified
Federal land may be impounded any time after
10 days following delivery of the notice.
(2) UNKNOWN OWNER.—
(A) PUBLICATION AND POSTING.—If the
livestock owner and owner’s agent are unknown,
or if both a known owner and the owner’s agent
refuse to accept delivery of notice, a notice of
intent to impound shall be published in a local
newspaper and posted at the county courthouse
and a post office near the Federal land con-
cerned.
(B) CONTENTS.—The notice shall state
that unauthorized livestock on specified Federal
land may be impounded any time after 10 days
following publication and posting of the notice.
(c) IMPOUNDMENT.—After 10 days following delivery
or publication and posting of a notice under subsection
(b), the notice shall become effective, and unauthorized
livestock may be impounded without further notice any
time within the 12-month period following the effective
date of the notice.
(d) NOTICE OF PUBLIC SALE.—
(1) IN GENERAL.—Following the impoundment
of livestock under this section, the livestock may be
sold by the authorized officer or, if a suitable agree-
ment is in effect, turned over to the State for sale,
in accordance with subsection (f).
(2) 
NOTIFICATION.—Any 
known 
livestock
owner (or owner’s agent) shall be notified in writing
by certified mail or by personal delivery of the sale
and the procedure by which the impounded livestock
may be redeemed prior to the sale.
(e) REDEMPTION.—An owner (or owner’s agent) or
lienholder of record of impounded livestock may redeem
the livestock in accordance with State law, prior to the
time of sale upon settlement with the United States under
section 153 or adequate showing that there has been no
violation.
(f) SALE.—If livestock are not redeemed on or before
the date and time fixed for sale, the livestock shall be of-
fered at public sale to the highest bidder by the authorized
officer under State law, or by the State.
Subtitle G—Procedure
SEC. 161. PROPOSED DECISIONS.
(a) PROPOSED DECISIONS ON GRAZING PERMITS OR
GRAZING LEASES.—
(1) SERVICE
ON
APPLICANTS, PERMITTEES,
LESSEES, AND LIENHOLDERS.—In the absence of a
written agreement between an authorized officer and
any 
applicant, 
grazing 
permittee, 
lessee, 
or
lienholder, the authorized officer shall serve, by cer-
tified mail or personal delivery, a proposed decision
on any applicant, permittee, lessee, or lienholder (or
agent of record of the applicant, permittee, lessee, or
lienholder) that is affected by—
(A) a proposed action on an application for
a grazing permit, grazing lease, or range im-
provement permit; or
(B) a proposed action relating to a term or
condition of a grazing permit, grazing lease, or
range improvement permit.
(2) CONTENTS.—A proposed decision described
in paragraph (1) shall—
(A) state reasons for the action, including
reference to pertinent provision of this title or
other applicable law (including regulations); and
(B) state that any protest to the proposed
decision must be filed not later than 15 days
after service.
(b) PROPOSED DECISIONS
ON ALLEGED VIOLA-
TIONS.—
(1) SERVICE.—If the authorized officer deter-
mines that a permittee or lessee appears to have vio-
lated any provision of this title, the authorized offi-
cer shall serve a proposed decision on the permittee
or lessee (or permittee’s or lessee’s agent) by cer-
tified mail or personal delivery.
(2) CONTENTS.—A proposed decision shall—
(A) state—
(i) the alleged violation and refer to
the specific provision of this title that is al-
leged to have been violated;
(ii) the reasons for the proposed deci-
sion;
(iii) the fee due under section 137(a)
or settlement amount due under section
153; and
(iv) any civil penalty to be imposed
under section 141; and
(B) state that any protest to the proposed
decision must be filed not later than 15 days
after service.
SEC. 162. PROTESTS.
An applicant, permittee, lessee, or other affected in-
terest may protest a proposed decision under section 161
in person or in writing to the authorized officer within
15 days after service of the proposed decision.
SEC. 163. FINAL DECISIONS.
(a) NO PROTEST.—In the absence of a timely filed
protest, a proposed decision shall become the final decision
of the authorized officer without further notice.
(b) RECONSIDERATION.—If a protest is timely filed,
the authorized officer shall reconsider the proposed deci-
sion in light of the protestant’s statement of reasons for
protest and in light of other information pertinent to the
case.
(c) SERVICE.—After reviewing the protest, the au-
thorized officer shall serve a final decision on the parties
to the proceeding.
SEC. 164. APPEALS.
(a) IN GENERAL.—In the case of a final decision of
an authorized officer with respect to which a protest under
section 162 was timely filed, a permittee, lessee, or af-
fected interest may appeal the final decision for the pur-
pose of a hearing before an administrative law judge by
filing a notice of appeal in the office of the authorized
officer within 30 days after the service of the final deci-
sion.
(b) SUSPENSION PENDING APPEAL.—
(1) IN GENERAL.—An appeal of a final decision
shall suspend the effect of the decision pending final
action on the appeal unless the decision is made ef-
fective pending appeal under paragraph (2).
(2) EFFECTIVENESS PENDING APPEAL.—
(A) IN GENERAL.—A District Manager of
the Bureau of Land Management may order
that a decision on a grazing permit application
shall remain in effect during an appeal of the
decision if it is determined that imminent and
irreversible damage to land resources would be
likely to result from delay of effectiveness of the
decision.
(B) BASIS
OF
ORDER.—An order under
subparagraph (A) shall be made in accordance
with—
(i) state-of-the-art science;
(ii) information and opinions offered
by State land grant universities; and
(iii) the preponderance of evidence
gathered in the proceeding.
(c) EXPEDITIOUS DISMISSAL OF NONMERITORIOUS
APPEALS.—The District Manager shall—
(1) examine each appeal as soon as practicable
after it is filed; and
(2) expeditiously dismiss an appeal that does
not raise a substantially meritorious issue.
(d) AUTHORITY.—A final decision of an appeal shall
be issued by a District Manager.
Subtitle H—Advisory Committees
SEC. 171. PURPOSE.
This subtitle contains standards and procedures for
the establishment, operation, and termination of advisory
committees to advise the Secretary on matters relating to
grazing on Federal land and resources under the adminis-
trative jurisdiction of the Bureau of Land Management.
SEC. 172. OBJECTIVE.
The objective of an advisory committee established
under this subtitle is to provide to the Secretary expert
recommendations of concerned, knowledgeable citizens
and public officials regarding—
(1) the formulation of operating guidelines; and
(2) the preparation and execution of plans and
programs for the use and management of Federal
land, the natural and cultural resources on Federal
land, and the environment.
SEC. 173. RELATION TO OTHER LAW.
Except to the extent that the following laws may be
inconsistent with this subtitle, the following laws shall
apply to an advisory committee established under this sub-
title:
(1) The Federal Advisory Committee Act (5
U.S.C. App.).
(2) The Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(3) Section 2 of Reorganization Plan No. 3 of
1950 (5 U.S.C. App.).
SEC. 174. POLICY.
(a) IN GENERAL.—After consultation, cooperation,
and coordination with State and local government officials,
the Secretary shall establish advisory committees rep-
resentative of major citizens’ interests to advise the Sec-
retary regarding policy formulation, program planning,
decisionmaking, attainment of program objectives, and
achievement of improved program coordination and econo-
mies in the management of Federal land and resources.
(b) OPTIMAL EMPLOYMENT.—The Secretary shall
ensure that—
(1) advisory committees are optimally utilized;
and
(2) the number of advisory committees is lim-
ited to the number that is essential to the conduct
of the public’s business.
SEC. 175. GENERAL PROVISIONS.
(a) CHARTERS.—
(1) IN GENERAL.—For each advisory committee
established by the Secretary, the Secretary shall—
(A) prepare a charter describing the advi-
sory committee’s structure and functions; and
(B) file the charter with the Committee on
Energy and Natural Resources of the Senate
and the Committee on Resources of the House
of Representatives.
(2) AMENDMENT.—Except for the correction of
errors and other minor changes, a charter filed
under paragraph (1) shall not be amended without
authorization by an Act of Congress.
(b) CALLS FOR NOMINATIONS.—Candidates for ap-
pointment to an advisory committee shall be sought
through public calls for nominations made through publi-
cation in the Federal Register and through media releases
and systematic contacts with State and local government
officials and individuals and organizations interested in
the use and management of Federal land and resources.
(c) COMPOSITION.—
(1) STRUCTURE.—An advisory committee shall
be structured—
(A) to provide fair membership balance
(geographic and interest-specific) in terms of
the functions to be performed and points of
view to be represented, as prescribed by the ad-
visory committee’s charter; and
(B) to provide representative advice about
Federal land and resource planning, retention,
management, and disposal.
(2) NO DISCRIMINATION.—No person shall be
denied an opportunity to serve on an advisory com-
mittee because of race, age, sex, religion, or national
origin.
(3) QUALIFICATIONS.—A person shall be quali-
fied to serve on an advisory committee if—
(A) the person’s education, training, or ex-
perience enables the person to give informed
and objective advice regarding an industry, dis-
cipline, or interest specified in the committee’s
charter;
(B) the person has demonstrated experi-
ence or knowledge of the geographical area
under the purview of the advisory committee;
and
(C) the person has demonstrated a com-
mitment to seeking consensus solutions to re-
source management issues.
(d) AVOIDANCE OF CONFLICTS OF INTEREST.—
(1) PARTICIPATION
IN
DELIBERATIONS.—An
advisory committee member shall not participate in
deliberations or vote on any matter if the decision of
the matter would, on its face or as applied, affect
only an interest held by that member and not the in-
terests of permittees, lessees, or other affected inter-
ests generally.
(2) DISCLOSURE OF INTERESTS.—
(A) IN GENERAL.—Each member of an ad-
visory committee shall be required to disclose
the member’s direct or indirect interest in graz-
ing leases, licenses, permits, contracts, or
claims and related litigation that involve lands
or resources administered by the Secretary.
(B) DEFINITION.—In this paragraph, the
term ‘‘indirect interest’’ includes holdings of a
spouse or dependent children of a member.
(e) TERMINATION OF SERVICE.—The Secretary may,
after written notice, terminate the service of a member
of an advisory committee if—
(1) the member—
(A) no longer meets the requirements
under which elected or appointed;
(B) fails or is unable to participate regu-
larly in committee work; or
(C) has violated Federal law (including a
regulation); or
(2) in the judgment of the Secretary, termi-
nation is in the public interest.
(f) COMPENSATION AND REIMBURSEMENT OF EX-
PENSES.—A member of an advisory committee shall not
receive any compensation or reimbursement of expenses
in connection with the performance of the member’s duties
as a member of the advisory committee.
SEC. 176. RESOURCE ADVISORY COUNCILS.
(a) RESOURCE ADVISORY COUNCIL FOR EACH GRAZ-
ING DISTRICT.—The Secretary, after consultation, co-
operation, and coordination with the State and affected
counties, shall appoint not fewer than 9 nor more than
15 persons to serve on a resource advisory council for each
grazing district.
(b) MEMBERSHIP.—
(1) REPRESENTATION
OF
INTERESTS.—The
members of a resource advisory council shall be se-
lected from among persons that represent historical
use, multiple uses, affected landowners, county social
and economic interests, elected State and county of-
ficers, and the public at large.
(2) PERMITTEES
AND
LESSEES.—Permittees
and lessees may be appointed to serve on a resource
advisory council.
(3) RESIDENCY.—Members of a resource advi-
sory council shall be residents of the State in which
the grazing district is situated.
(4) TERMS.—
(A) IN
GENERAL.—A member of a re-
source advisory council shall serve a 3-year
term, except that as nearly as possible one-third
of the initial members shall be appointed for a
1-year term and one-third of the initial mem-
bers shall be appointed for a 2-year term.
(B) MEMBERS EX OFFICIO.—On the de-
parture from elective office of a member of a
resource advisory council who was appointed on
the basis of the member’s status as an elected
official of general purpose government serving
the people of the grazing district for which the
resource advisory council is established prior to
the end of the member’s term, the newly elected
official shall serve the remainder of the mem-
ber’s term.
(C) VACANCIES.—A vacancy occurring by
reason of removal, resignation, or death of a
member of a resource advisory council shall be
filled for the balance of the member’s term
using the same method by which the member
was appointed.
(D) REAPPOINTMENT.—
(i) SECOND CONSECUTIVE TERM.—A
member of a resource advisory council who
has served a 3-year term on a resource ad-
visory council may be reappointed to a sec-
ond consecutive 3-year term.
(ii) SUBSEQUENT TERM.—A member
of a resource advisory council who has
served 2 consecutive 3-year terms may be
subsequently reappointed no earlier than 3
years after the member’s last date of mem-
bership on that resource advisory council,
except that the Secretary may reappoint
the member to a 1-year term if the Sec-
retary determines that the member’s con-
tinued or renewed service on the resource
advisory council is in the public interest
and is critical to the effective functioning
of the resource advisory council.
(E) DATE
OF
APPOINTMENT.—For the
purpose of eligibility for reappointment under
subparagraph (C) or (D), an appointment shall
be considered to be made on January 1 of the
first year of the term to which a member is ap-
pointed regardless of the date on which the ap-
pointment is actually made.
(c) RESPONSIBILITIES.—
(1) IN GENERAL.—A resource advisory council
shall have the responsibility of advising the Sec-
retary and appropriate State officials on major man-
agement decisions while working within the broad
management goals established for the grazing dis-
trict.
(2) LAND
USE
PLANS.—A resource advisory
council shall advise the Secretary regarding the
preparation, amendment, and implementation of
land use plans for Federal land and resources within
the grazing district.
(3) 
ALLOCATION
AND
EXPENDITURE
OF
FUNDS.—Except for the purposes of long-range
planning and the establishment of resource manage-
ment priorities, a resource advisory council shall not
provide the Secretary advice regarding—
(A) the allocation or expenditure of funds;
or
(B) personnel actions.
(d) DISREGARD OF ADVICE.—
(1) REQUEST FOR RESPONSE.—If a resource
advisory council becomes concerned that its advice is
being arbitrarily disregarded, the resource advisory
council may, by unanimous vote of its members, re-
quest that the Secretary respond directly to the re-
source advisory council’s concerns within 60 days
after the Secretary receives the request.
(2) EFFECT OF RESPONSE.—The response of
the Secretary to a request under paragraph (1) shall
not—
(A) constitute a decision on the merits of
any issue that is or might become the subject
of an administrative appeal; or
(B) be subject to appeal.
(e) ADMINISTRATIVE SUPPORT.—Administrative sup-
port for a resource advisory council shall be provided by
the office of the authorized officer.
SEC. 177. GRAZING ADVISORY COUNCILS.
(a) GRAZING ADVISORY COUNCIL FOR EACH GRAZ-
ING DISTRICT.—The Secretary, in consultation with the
State and affected counties, shall appoint not fewer than
5 nor more than 9 persons to serve on a grazing advisory
council for each grazing district.
(b) MEMBERSHIP.—
(1) REPRESENTATION
OF
INTERESTS.—The
members of a grazing advisory council shall be se-
lected from among persons that represent permit-
tees, lessees, affected landowners, county social and
economic interests, and elected State and county of-
ficers.
(2) PERMITTEES
AND
LESSEES.—Permittees
and lessees shall constitute the majority of the mem-
bership of a grazing advisory council.
(3) RESIDENCY.—Members of a grazing advi-
sory council shall be residents of a community within
or adjacent to the grazing district.
(4) TERMS.—An appointment to a grazing ad-
visory council shall be for a 2-year term.
(5) REAPPOINTMENT.—A member of a grazing
advisory council may be appointed to additional
terms.
(c) RESPONSIBILITIES.—A grazing advisory council
shall set range improvement objectives, advise on the ex-
penditure of range improvement funds under the Public
Rangelands Improvement Act of 1978 (43 U.S.C. 1901
et seq.), advise on grazing management programs and im-
plementation, and address range management decisions
and actions at the allotment management plan level or
permit management plan level.
(d) DISREGARD OF ADVICE.—
(1) REQUEST FOR RESPONSE.—If a grazing ad-
visory council becomes concerned that its advice is
being arbitrarily disregarded, the grazing advisory
council may, by unanimous vote of its members, re-
quest that the Secretary respond directly to the
grazing advisory council’s concerns within 60 days
after the Secretary receives the request.
(2) EFFECT OF RESPONSE.—The response of
the Secretary to a request under paragraph (1) shall
not—
(A) constitute a decision on the merits of
any issue that is or might become the subject
of an administrative appeal; or
(B) be subject to appeal.
SEC. 178. MEETINGS.
(a) IN GENERAL.—All meetings of an advisory com-
mittee and associated field examinations shall be open to
the public and news media.
(b) NOTICE OF MEETINGS.—
(1) IN GENERAL.—A notice of a meeting of an
advisory committee shall be published in the Federal
Register and distributed to the news media at least
30 days in advance of the meeting.
(2) URGENT MATTERS.—If an urgent matter
arises, a notice of a meeting of an advisory commit-
tee shall be published in the Federal Register and
distributed to the news media at least 15 days in ad-
vance of the meeting.
(3) CONTENTS.—A notice of a meeting of an
advisory committee shall state the date, time, and
place of the meeting and describe the topics or is-
sues to be discussed at the meeting.
(c) APPEARANCES.—Any person may appear before
or file a statement with an advisory committee regarding
matters on the meeting agenda.
(d) SCHEDULING.—The scheduling of meetings of an
advisory committee and the preparation of agenda shall
be done in a manner that encourages and facilitates public
attendance and participation.
(e) EXTENSION
OF TIME.—The amount of time
scheduled for a meeting of an advisory committee may be
extended if an authorized officer considers it necessary to
accommodate all who seek to be heard regarding matters
on the agenda.
(f) AUTHORITY TO SCHEDULE.—An advisory com-
mittee shall meet only at the call of the Secretary or of
an authorized officer.
(g) ATTENDANCE BY AUTHORIZED OFFICER.—No
meeting of an advisory committee shall be held in the ab-
sence of an authorized officer or designee of an authorized
officer.
(h) AGENDA.—A meeting of an advisory committee
shall be conducted with close adherence to the agenda ap-
proved in advance by an authorized officer.
(i) ADJOURNMENT.—An authorized officer may ad-
journ a meeting of an advisory committee at any time if—
(1) continuance would be inconsistent with the
purpose for which the meeting was called or with the
rules established for the conduct of the advisory
committee; or
(2) adjournment is determined to be in the pub-
lic interest.
(j) RECORDS.—
(1) IN
GENERAL.—Detailed records shall be
kept of each meeting of an advisory committee.
(2) REQUIREMENTS.—The records of a meeting
of an advisory committee shall include, at a mini-
mum—
(A) the time and place of the meeting;
(B) copies of the Federal Register and
other public notices announcing the meeting;
(C) a list of members of the advisory com-
mittee and of Federal employees (in the capac-
ity of Federal employee) present;
(D) a list of members of the public
present, and a description of the interest rep-
resented by each member;
(E) the meeting agenda;
(F) a complete summary description of
matters discussed and conclusions reached;
(G) a list of recommendations made by the
advisory committee;
(H) copies of all reports received, issued,
or approved by the advisory committee; and
(I) a description of the nature of public
participation.
(3) CERTIFICATION
BY
CHAIRPERSON.—The
Chairperson of an advisory committee shall certify
the accuracy of the records of the advisory commit-
tee.
(4) AVAILABILITY FOR INSPECTION AND COPY-
ING.—All records, reports, transcripts, minutes, rec-
ommendations, studies, working papers, and other
documents prepared by or submitted to an advisory
committee shall be available for public inspection
and copying in the Federal office responsible for
support of the advisory committee.
(k) SUBCOMMITTEES.—Each of the requirements of
this section that applies to an advisory committee applies
to any subcommittee of an advisory committee.
SEC. 179. CONFORMING AMENDMENT AND REPEAL.
(a) AMENDMENT.—The third sentence of section
402(d) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1752(d)) is amended by striking ‘‘dis-
trict grazing advisory boards established pursuant to sec-
tion 403 of the Federal Land Policy and Management Act
(43 U.S.C. 1753)’’ and inserting ‘‘grazing advisory coun-
cils established under section 177 of the Livestock Grazing
Act’’.
(b) REPEAL.—Section 403 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1753) is re-
pealed.
Subtitle I—Reports
SEC. 181. REPORTS.
(a) IN GENERAL.—Not later than March 1, 1997,
and annually thereafter, the Secretary shall submit to
Congress a report that contains—
(1) an itemization of revenues received and
costs incurred directly in connection with the man-
agement of grazing on Federal land; and
(2) recommendations for reducing administra-
tive costs and improving the overall efficiency of
Federal rangeland management.
(b) ITEMIZATION.—If the itemization of costs under
subsection (a)(1) includes any costs incurred in connection
with the implementation of any law other than a statute
cited in section 102, the Secretary shall indicate with spec-
ificity the costs associated with implementation of each
such statute.
(c) SUSPENSION OF IMPLEMENTATION OF OTHER
LAW IN ABSENCE OF REPORT.—During any period in
which a report due to be submitted under subsection (a)
has not been submitted in accordance with the require-
ments of this section, the Secretary shall conduct livestock
grazing management on Federal land without regard to
any law other than a statute cited in section 102.
TITLE II—GRASSLAND
SEC. 201. REMOVAL OF GRASSLANDS FROM NATIONAL FOR-
EST SYSTEM.
(a) FINDINGS.—Congress finds that the inclusion of
the National Grasslands (and land utilization projects ad-
ministered under title III of the Bankhead-Jones Farm
Tenant Act) within the National Forest System constrains
the Secretary of Agriculture in managing the National
Grasslands as intended under title III of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
(b) AMENDMENT OF THE FOREST AND RANGELAND
RENEWABLE RESOURCES PLANNING ACT OF 1974.—Sec-
tion 11(a) of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1609(a)) is
amended in the second sentence by striking ‘‘the national
grasslands and land utilization projects administered
under title III of the Bankhead-Jones Farm Tenant Act
(50 Stat. 525, 7 U.S.C. 1010–1012),’’.
(c) AMENDMENT OF THE BANKHEAD-JONES FARM
TENANT ACT.—Section 31 of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010) is amended by adding the
following:
‘‘SEC. 31. LAND CONSERVATION AND LAND UTILIZATION.
‘‘(a) PROGRAM.—
‘‘(1) IN GENERAL.—To accomplish the purposes
of the Livestock Grazing Act, the Secretary shall de-
velop a program of land conservation and utilization
as a basis for grassland agriculture, to promote se-
cure occupancy and economic stability of farms, and
thus assist in controlling soil erosion, preserving nat-
ural resources, protecting fish and wildlife, develop-
ing and protecting recreational facilities, mitigating
flood damage, preventing impairment of dams and
reservoirs, developing energy resources, protecting
the watersheds of navigable streams, conserving sur-
face and subsurface moisture, and protecting public
land, health, safety and welfare.
‘‘(2) LIMITATION.—In carrying out paragraph
(1), the Secretary shall not build an industrial park
or establish a private industrial or commercial enter-
prise.
‘‘(b) LIVESTOCK GRAZING LEASES.—The Secretary,
in cooperation and coordination with grazing associations,
shall issue renewable livestock grazing leases to achieve
the land conservation and utilization goals of this sec-
tion.’’.
(d) CONSERVATION PROGRAMS.—In managing live-
stock grazing on National Grasslands under title I, the
Secretary of the Interior may continue to establish and
implement conservation programs authorized by title III
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.).
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