I 
112TH CONGRESS 
2D SESSION 
H. R. 4234 
To amend the Federal Land Policy and Management Act of 1976 to improve 
the management of grazing leases and permits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2012 
Mr. LABRADOR (for himself, Mr. BISHOP of Utah, Mr. COSTA, Mr. GOSAR, 
Mr. HARRIS, Mrs. LUMMIS, Mrs. NOEM, Mr. REHBERG, Mrs. MCMORRIS 
RODGERS, Mr. SIMPSON, and Mr. WALDEN) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Land Policy and Management Act 
of 1976 to improve the management of grazing leases 
and permits, 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. 
This Act may be cited as the ‘‘Grazing Improvement 
Act of 2012’’. 
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SEC. 2. TERMS OF GRAZING PERMITS AND LEASES. 
Section 402 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1752) is amended by strik-
ing ‘‘ten years’’ each place it appears and inserting ‘‘20 
years’’. 
SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZ-
ING PERMITS AND LEASES. 
Title IV of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1751 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF 
GRAZING PERMITS AND LEASES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ENVIRONMENTAL
ANALYSIS.—The term 
‘environmental analysis’ means an environmental as-
sessment or an environmental impact statement re-
quired under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means— 
‘‘(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
‘‘(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the De-
partment of the Interior. 
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‘‘(b) RENEWAL, TRANSFER, AND REISSUANCE.—A 
grazing permit or lease issued by the Secretary, or a graz-
ing permit issued by the Secretary of Agriculture regard-
ing National Forest System land, that expires, is trans-
ferred, or is waived after the date of the enactment of this 
section shall be renewed or reissued, as appropriate, 
under— 
‘‘(1) section 402; 
‘‘(2) section 19 of the Act of April 24, 1950 
(commonly known as the ‘Granger-Thye Act’; 16 
U.S.C. 580l); 
‘‘(3) title III of the Bankhead-Jones Farm Ten-
ant Act (7 U.S.C. 1010 et seq.); or 
‘‘(4) section 510 the California Desert Protec-
tion Act of 1994 (16 U.S.C. 410aaa–50). 
‘‘(c) TERMS; CONDITIONS.—The terms and condi-
tions contained in an expired, transferred, or waived per-
mit or lease described in subsection (b) shall continue in 
effect under a renewed or reissued permit or lease until 
the date on which the Secretary concerned completes the 
renewed or reissued permit or lease that is the subject of 
the expired, transferred, or waived permit or lease, in com-
pliance with each applicable law. 
‘‘(d) 
CANCELLATION; 
SUSPENSION; 
MODIFICA-
TION.—A permit or lease described in subsection (b) may 
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be cancelled, suspended, or modified in accordance with 
applicable law. 
‘‘(e) COMPLIANCE
WITH
NATIONAL
ENVIRON-
MENTAL POLICY ACT OF 1969.— 
‘‘(1) IN GENERAL.—The renewal, reissuance, or 
transfer of a grazing permit or lease by the Sec-
retary concerned shall be categorically excluded from 
the requirement to prepare an environmental anal-
ysis if the decision continues the current grazing 
management of the allotment. 
‘‘(2) APPLICABILITY REGARDING PERMITS AND 
LEASES
WITH
MINOR
MODIFICATIONS.—If the re-
newal, reissuance, or transfer of a grazing permit or 
lease by the Secretary concerned contains only minor 
modifications from the grazing permit or lease that 
is the subject of the renewal, reissuance, or transfer, 
the grazing permit or lease shall be categorically ex-
cluded from the requirement to prepare an environ-
mental analysis if— 
‘‘(A) monitoring of the allotment has indi-
cated that the current grazing management has 
met, or has satisfactorily progressed towards 
meeting, objectives contained in the land and 
resource management plan of the allotment, as 
determined by the Secretary concerned; and 
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‘‘(B) the decision is consistent with the 
policy of the Department of the Interior or the 
Department of Agriculture, as appropriate, re-
garding extraordinary circumstances. 
‘‘(3) APPLICABILITY REGARDING CROSSING AND 
TRAILING PERMITS.—Crossing and trailing permits 
are an administrative decision and shall be categori-
cally excluded from the requirement to prepare an 
environmental analysis. 
‘‘(f) PRIORITY AND TIMING FOR COMPLETING ENVI-
RONMENTAL ANALYSES.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
504 of the Emergency Supplemental Appropriations 
for Additional Disaster Assistance, for Anti-ter-
rorism Initiatives, for Assistance in the Recovery 
from the Tragedy that Occurred at Oklahoma City, 
and Rescissions Act, 1995 (Public Law 104–19; 109 
Stat. 212), the Secretary concerned, in the sole dis-
cretion of the Secretary concerned, shall determine 
the priority and timing for completing each required 
environmental analysis regarding any grazing allot-
ment, permit, or lease based on the environmental 
significance of the allotment, permit, or lease and 
available funding for that purpose. 
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‘‘(2) APPLICABILITY.—This subsection shall not 
apply to the renewal, reissuance, or transfer of a 
grazing permit or lease that is categorically excluded 
under subsection (e).’’. 
SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE 
ACT TO GRAZING APPEALS. 
(a) FOREST
AND RANGELAND RENEWABLE RE-
SOURCES PLANNING ACT OF 1974.—Section 14 of the 
Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1612) is amended by adding at the 
end the following: 
‘‘(c) APPLICABILITY
OF ADMINISTRATIVE PROCE-
DURE ACT.—With respect to a decision by the Secretary 
of Agriculture regarding a grazing permit, an appeal by 
a grazing permittee shall be conducted in accordance with 
subchapter II of chapter 5 of title 5, United States Code.’’. 
(b) FEDERAL LAND POLICY AND MANAGEMENT ACT 
OF 1976.—Section 402 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1752) is amended 
by adding at the end the following: 
‘‘(i) APPLICABILITY
OF ADMINISTRATIVE PROCE-
DURE ACT.— 
‘‘(1) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means— 
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‘‘(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
‘‘(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the De-
partment of the Interior. 
‘‘(2) APPLICABILITY OF ADMINISTRATIVE PRO-
CEDURE ACT.—With respect to a decision by the 
Secretary concerned regarding a grazing permit or 
lease, an appeal by a grazing permittee shall be con-
ducted in accordance with subchapter II of chapter 
5 of title 5, United States Code. 
‘‘(3) DEADLINE FOR FILING APPEALS.—An ap-
peal made under this subsection shall be filed not 
later than 30 days after the date on which a decision 
described in paragraph (2) is made. 
‘‘(4) SUSPENSION OF DECISIONS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this subsection, each decision by the 
Secretary concerned regarding a grazing permit 
or lease that is appealed under this subsection 
shall be suspended until the date on which the 
appeal is resolved. 
‘‘(B) 
DETERMINATION
BY
SECRETARY 
CONCERNED.—A decision described in subpara-
graph (A) may not be suspended if the Sec-
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retary concerned (including any other author-
ized official) determines there is an emergency 
regarding a deterioration of resources. 
‘‘(5) CONTINUED USE OF GRAZING PERMIT OR 
LEASE.—Except in a situation in which grazing use 
for the preceding year was authorized on a tem-
porary basis, an applicant who was granted grazing 
use in the preceding year may continue at the level 
of authorized active use until the date on which the 
appeal is resolved.’’. 
Æ 
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