I 
109TH CONGRESS 
1ST SESSION H. R. 3166 
To provide compensation to livestock operators who voluntarily relinquish 
a grazing permit or lease on Federal lands where conflicts with other 
multiple uses render livestock grazing impractical, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. GRIJALVA (for himself, Ms. WOOLSEY, Mr. MORAN of Virginia, Mr. 
MCDERMOTT, Mr. KILDEE, Ms. LEE, Mrs. DAVIS of California, and Mr. 
BLUMENAUER) introduced the following bill; which was referred to the 
Committee on Resources, and in addition to the Committees on Agri-
culture and Armed Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To provide compensation to livestock operators who volun-
tarily relinquish a grazing permit or lease on Federal 
lands where conflicts with other multiple uses render 
livestock grazing impractical, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Multiple-Use Conflict Resolution Act of 2005’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Multiple-use conflict resolution program. 
Sec. 5. Compensation for waived grazing permit or lease. 
Sec. 6. Donation of grazing permit or lease. 
Sec. 7. Effect of waiver or donation of grazing permit or lease. 
Sec. 8. Retirement of grazing allotments for which no valid grazing permit or 
lease exists. 
Sec. 9. Effect of nonuse or reduced use. 
Sec. 10. County transition payments. 
Sec. 11. Authorization of appropriation. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The use of Federal lands by grazing permit-
tees and lessees for commercial livestock grazing is 
increasingly difficult due to growing conflicts with 
other legitimate multiple uses of the lands, such as 
environmental 
protection 
and 
burgeoning 
rec-
reational use, and with congressionally mandated 
goals of wildlife and habitat protection and improved 
water quality and quantity. 
(2) The recreational use of Federal lands often 
leads to conflicts with commercial livestock grazing 
on the same lands because some recreational users 
of the lands cause damage to range developments or 
disturb livestock, which renders many grazing oper-
ations on Federal lands uneconomical. 
(3) A combination of sustained drought, foreign 
competition, changing domestic markets, industry
restructuring, and individual ranch situations has 
resulted in Federal grazing permits and leases be-
coming stranded investments for many permittees 
and lessees. 
(4) Attempts to resolve grazing conflicts with 
other multiple uses often require extensive range de-
velopments, intensive herd management, and contin-
uous monitoring that greatly increases costs to both 
permittees and lessees and taxpayers, far out of pro-
portion to the benefit received. 
(5) Certain grazing allotments on Federal lands 
have, or are likely to become, unsuitable for commer-
cial livestock production as a result of the combined 
effect of the factors referred to in paragraphs (1) 
through (4) and other factors. 
(6) The cost of the Federal grazing program 
greatly exceeds revenues to the Federal treasury 
from grazing receipts. 
(7) Many permittees and lessees have indicated 
their willingness to end their commercial livestock 
grazing on Federal lands in exchange for a one-time 
payment to reasonably compensate them for the ef-
fort and investment that they have made in a graz-
ing allotment.
(8) Compensating permittees and lessees who 
relinquish their grazing permit or lease and end 
commercial livestock grazing on Federal lands would 
help recapitalize an ailing sector of rural America, 
by providing economic options to permittees and les-
sees that do not presently exist and allowing them 
to restructure their ranch operations, start new busi-
nesses, or retire with security. 
(9) Reasonable compensation for the relinquish-
ment of a grazing permit or lease will help alleviate 
the need for permittees and lessees to sell or sub-
divide their private lands. 
(10) The cost of compensating permittees and 
lessees for voluntarily waiving permits and leases is 
significantly less than the cost to the taxpayers of 
continuing to administer, monitor, assess, and miti-
gate for the environmental and other impacts of 
commercial livestock grazing on Federal lands. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘animal unit month’’ means the 
amount of forage needed to sustain one animal unit 
for one month, as determined by the Secretary 
issuing the grazing permit or lease.
(2) The term ‘‘commercial livestock grazing’’ 
means the grazing of domestic livestock on Federal 
lands as authorized by a grazing permit or lease. 
The term does not include grazing by private or 
commercial pack or saddle stock. 
(3) The term ‘‘grazing allotment’’ means the 
designated portion of Federal land upon which do-
mestic livestock are permitted to graze by a grazing 
permit or lease. 
(4) The terms ‘‘grazing permit or lease’’ and 
‘‘grazing permit and lease’’ mean any document au-
thorizing the use of Federal lands for the purpose of 
grazing domestic livestock. 
(5) The terms ‘‘permittee or lessee’’ and ‘‘per-
mittee and lessee’’ mean a livestock operator who 
holds a valid term grazing permit or lease. 
(6) The term ‘‘range developments’’ means 
structures, fences, and other permanent fixtures 
placed on Federal lands for the furtherance of the 
purpose of grazing domestic livestock. The term does 
not include rolling stock, livestock and diversions of 
water from Federal lands onto non-Federal lands. 
(7) The term ‘‘Secretary’’ means the Secretary 
of Agriculture, the Secretary of the Interior, the 
Secretary of Energy, or the Secretary of Defense, as
appropriate to the administration of the grazing per-
mit or lease at issue. 
SEC. 4. MULTIPLE-USE CONFLICT RESOLUTION PROGRAM. 
(a) WAIVER
OF EXISTING GRAZING PERMIT
OR 
LEASE.—A permittee or lessee may waive to the Sec-
retary, at any time, a valid existing grazing permit or lease 
authorizing commercial livestock grazing on Federal 
lands. 
(b) CANCELLATION OF WAIVED GRAZING PERMIT OR 
LEASE.—The Secretary shall cancel grazing permits and 
leases waived under this section and permanently retire 
the associated grazing allotments from commercial live-
stock grazing, notwithstanding any other provision of law. 
(c) WAIVER PRIORITY.—If funds available to the Sec-
retary to carry out this Act are insufficient to meet all 
of the offers submitted to the Secretary for the waiver of 
grazing permits and leases, the Secretary shall give pri-
ority to the waiver of grazing permits and leases that au-
thorize commercial livestock grazing on the following Fed-
eral lands: 
(1) A unit of the National Wilderness Preserva-
tion System. 
(2) A unit of the National Wild and Scenic 
River System. 
(3) A unit of the National Park System.
(4) A unit of the National Wildlife Refuge Sys-
tem. 
(5) A grazing allotment that includes a trail in 
the National Trails System. 
(6) A unit of the National Landscape Conserva-
tion System. 
(7) Any designated critical habitat for a species 
listed under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(8) A designated wilderness study area. 
(9) Roadless and undeveloped areas identified 
in Forest Service, Roadless Area Conservation EIS, 
vol. 2 (Nov. 2000). 
(10) An area of critical environmental concern 
designated by the Bureau of Land Management. 
(11) A designated Research Natural Area. 
(12) A grazing allotment that includes a water- 
quality-limited stream identified by a State pursuant 
to section 303(d) of the Federal Water Pollution 
Control Act (33 U.S.C. 1313(d)). 
(13) A grazing allotment that includes a stream 
segment identified for study under section 5(a) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)). 
(14) A grazing allotment that includes a stream 
segment identified by the Secretary under section
5(d)(1) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(d)(1)). 
(15) A grazing allotment featuring other sci-
entific, ecological, scenic, watershed, or recreation 
values, as determined by the Secretary. 
(d) RELATION TO OTHER AUTHORITY.—Nothing in 
this Act shall be construed to affect the ability of a per-
mittee or lessee to renew or transfer a grazing permit or 
lease as provided by law. 
(e) RELATION TO EMINENT DOMAIN.—Nothing in 
this Act shall be construed to authorize the use of eminent 
domain for the purpose of acquiring a grazing permit or 
lease. 
SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR 
LEASE. 
(a) COMPENSATION REQUIRED.—A permittee or les-
see who waives a grazing permit or lease (other than an 
ephemeral grazing permit or lease) under section 4(a) 
shall be compensated at a rate of $175 per animal unit 
month based on the average of the highest three years of 
authorized animal unit months out of the last 10 years 
authorized to the permittee or lessee or the predecessors 
of the permittee or lessee. In the case of an ephemeral 
grazing permit or lease, the permittee or lessee shall be
compensated for the average over the last 10 years of the 
actual animal unit months of grazing use. 
(b) GRAZING FEES IN ARREARS.—If a permittee or 
lessee is in arrears of Federal grazing fees, the amount 
of fees in arrears shall be deducted from the amount of 
compensation otherwise due the permittee or lessee under 
this section. 
(c) WAIVER OF CERTAIN PERMITS OR LEASES PRO-
HIBITED.—A permittee or lessee who seeks to waive a 
grazing permit or lease under section 4(a) for a grazing 
allotment for which no valid grazing permit or lease exists 
as of the date of the introduction of this Act shall not 
be eligible for compensation under this section. 
(d) RELATION TO OTHER AUTHORITY.—Nothing in 
this Act shall be construed to affect the Secretary’s au-
thority to otherwise modify or terminate grazing permits 
or leases without compensation. Compensation disbursed 
pursuant to this section shall not create a property right 
in grazing permits or leases. 
SEC. 6. DONATION OF GRAZING PERMIT OR LEASE. 
(a) DONATION AUTHORIZED.—A permittee or lessee 
may at any time waive a claim to compensation in whole 
or in part under section 5 and donate to the Secretary 
a valid existing grazing permit or lease authorizing com-
mercial livestock grazing on Federal lands.
(b) ACCEPTANCE
OF OTHER COMPENSATION.—A 
permittee or lessee may accept compensation from private 
or other sources in lieu of, or in addition to, receiving com-
pensation under section 5. 
(c) CANCELLATION
OF DONATED PERMITS
AND 
LEASES.—The Secretary shall cancel grazing permits or 
leases donated under this section and permanently retire 
the associated grazing allotments from commercial live-
stock grazing. 
SEC. 7. EFFECT OF WAIVER OR DONATION OF GRAZING 
PERMIT OR LEASE. 
(a) EFFECT ON RANGE DEVELOPMENTS.—A per-
mittee or lessee who waives a grazing permit or lease to 
the Secretary under section 4 and receives compensation 
under section 5, or donates a grazing permit or lease 
under section 6, shall be deemed to have waived any claim 
to all range developments on the associated grazing allot-
ments, notwithstanding any other provision of law. 
(b) SECURING RETIRED ALLOTMENTS AGAINST UN-
AUTHORIZED USE.—The Secretary shall ensure that graz-
ing allotments retired from grazing under this Act are ren-
dered reasonably secure from trespass grazing by domestic 
livestock. 
(c) 
RELATION
TO
OTHER
VALID
EXISTING 
RIGHTS.—Nothing in this Act affects the allocation, own-
ership, interest, or control, in existence on the date of en-
actment of this Act, of any water, water right, or any 
other valid existing right held by the United States, Indian 
tribe, State, or private individual, partnership or corpora-
tion. 
SEC. 8. RETIREMENT OF GRAZING ALLOTMENTS FOR 
WHICH 
NO 
VALID 
GRAZING 
PERMIT 
OR 
LEASE EXISTS. 
The Secretary shall not issue grazing permits or 
leases for grazing allotments for which no valid permit or 
lease exists as of the date of the enactment of this Act, 
and shall permanently retire the grazing allotments from 
commercial livestock grazing, notwithstanding any other 
provision of law. 
SEC. 9. EFFECT OF NONUSE OR REDUCED USE. 
Notwithstanding any other provision of law, a per-
mittee or lessee may opt not to graze a grazing allotment 
or to graze the grazing allotment at less than the min-
imum permitted level and still retain the grazing permit 
or lease for the remainder of its term. Such nonuse shall 
be considered to be in compliance with the terms of the 
grazing permit or lease when it becomes due for renewal. 
SEC. 10. COUNTY TRANSITION PAYMENTS. 
(a) PAYMENTS REQUIRED.—For each grazing permit 
or lease waived under section 4 (other than an ephemeral
grazing permit or lease), the Secretary shall pay to the 
county in which the associated allotment is located $10 
per animal unit month based on the average of the highest 
three years of authorized animal unit months out of the 
last 10 years authorized to the permittee or lessee or the 
predecessors of the permittee or lessee. In the case of an 
ephemeral grazing permit or lease, the Secretary shall pay 
to the county in which the associated allotment is located 
$10 per animal unit month based on the average over the 
last 10 years of the actual animal unit months of grazing 
use. 
(b) PROPORTIONAL
ALLOCATION
AMONG
COUN-
TIES.—In cases where an allotment is located in more 
than one county, the payment under subsection (a) to each 
county in which the allotment is located shall be propor-
tional to the allotment’s land area located in that county. 
SEC. 11. AUTHORIZATION OF APPROPRIATION. 
There is authorized to be appropriated to the Secre-
taries $100,000,000, to remain available until expended, 
to provide compensation to permittees and lessees under 
section 5 and to make transition payments to counties 
under section 10. None of the funds appropriated pursu-
ant to this section shall be used by any Federal agency 
for administrative costs related to the purposes of this Act. 
Æ