I
104TH CONGRESS
1ST SESSION
H. R. 676
To require the Secretary of the Interior and the Secretary of Agriculture
to establish grazing fees at fair market value.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1995
Mr. NADLER introduced the following bill; which was referred to the
Committee on Resources
A BILL
To require the Secretary of the Interior and the Secretary
of Agriculture to establish grazing fees at fair market value.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Free Market Grazing
Fees Act’’.
SEC. 2. GRAZING FEES ESTABLISHED AT FAIR MARKET
VALUE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Agriculture and the Secretary
of the Interior, with respect to public grazing lands subject
to their respective jurisdiction, shall establish beginning
with the grazing season which commences on March 1,
1996, an annual domestic livestock grazing fee equal to
the fair market value of the grazing lease or permit con-
cerned.
(b) FACTORS.—In determining the fair market value
of a grazing lease or permit, each Secretary shall take into
account—
(1) the amounts and conditions under which
neighboring non-Federal lands are leased or sold for
grazing purposes;
(2) the improvements provided or to be pro-
vided by the leasee or permit holder; and
(3) the services to be provided by the United
States.
(c) PROCEDURES.—In determining the fair market
value of grazing permits, the Secretary of the Interior and
the Secretary of Agriculture shall publish rules in accord-
ance with chapter 5 of title 5, United States Code, which
ensure that whenever practicable fair market value is es-
tablished through competitive bidding.
(d) SMALL FAMILY RANCH EXEMPTION.—(1) The
holder of a Federal grazing lease or permit as of the date
of enactment of this Act who makes a certification to the
Secretary in accordance with paragraph (2) shall be
charged the prevailing grazing fee on that date for a pe-
riod ending on February 28, 2006.
(2) Prior to the beginning of each grazing season, the
holder of the Federal grazing lease or permit certifies to
the appropriate Secretary that for the calendar year imme-
diately preceding, that the holder—
(A) derived more than half of its annual income
from the ranching operation associated with the
Federal grazing lease or permit;
(B) performed substantial labor in the ranching
operation by the individual or the individual’s imme-
diate family, or, if a business, by the officers of the
business; and
(C) if an individual, has an adjusted gross an-
nual income (as defined in the Internal Revenue
Code of 1986) of less than $50,000; or, if a person
other than an individual has total assets including
(but not limited to) the value of Federal leases or
permits of any kind, including the assets of any en-
tity owned by, controlled by, or under common con-
trol with—directly or indirectly—the person, of less
than $1,000,000.
(e) PUBLIC GRAZING LANDS DEFINED.—For the
purposes of this Act, the term ‘‘public grazing lands’’
means—
(1) the National Forest lands (including the na-
tional grasslands) in the 16 contiguous Western
States administered by the United States Forest
Service where domestic livestock grazing is per-
mitted under applicable law;
(2) the public domain lands administered by the
Bureau of Land Management where domestic live-
stock grazing is permitted under applicable law; and
(3) the lands within units of the National Park
System on which grazing is permitted under applica-
ble law.
(f) LIMITATION ON GRAZING.—No grazing shall be
permitted on any public grazing lands after March 1,
1996, unless the Secretary of the Interior and the Sec-
retary of Agriculture each affirm that grazing fees for all
lands under their respective jurisdiction are established in
compliance with this Act.
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