I 
108TH CONGRESS 
1ST SESSION H. R. 3324
To provide compensation to livestock operators who voluntarily relinquish 
a grazing permit or lease on Federal lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2003
Mr. SHAYS (for himself, Mr. GRIJALVA, Mr. GEORGE MILLER of California, 
Mr. HINCHEY, Mr. BLUMENAUER, Mr. HOLT, Mr. MARKEY, and Mr. 
MCDERMOTT) 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, 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 ‘‘Voluntary Grazing 
Permit Buyout Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
(1) Commercial livestock grazing on Federal 
lands is increasingly difficult for grazing permittees 
and lessees due to growing conflicts with other legiti-
mate multiple uses of those lands, such as environ-
mental protection and burgeoning recreational 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 recreationists dam-
age property related to the grazing operations or 
disturb livestock, rendering many grazing operations 
on Federal lands uneconomical. 
(3) A combination of sustained drought, foreign 
competition, changing domestic markets, industry 
restructuring, and individual ranch situations has 
resulted in grazing permits and leases becoming 
stranded investments for many permittees and les-
sees. 
(4) Many permittees and lessees would like to 
retire, but do not have family members willing or 
able to take over ranch operations. 
(5) Attempts to resolve grazing conflicts with 
other multiple uses often require extensive range de-
(4) The terms ‘‘permittee or lessee’’ and ‘‘per-
mittee and lessee’’ mean a livestock operator who 
holds a valid term grazing permit or lease. 
(5) 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. 
(6) 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. VOLUNTARY GRAZING PERMIT BUYOUT 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 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 allotments from domestic livestock grazing 
use notwithstanding any other provision of law.
(c) WAIVER PRIORITY.—If funds available to carry 
out this Act are insufficient to meet all of the offers for 
the waiver of grazing permits and leases, the Secretary 
shall give priority to the waiver of grazing permits and 
leases that authorize grazing on the following Federal 
lands: 
(1) National Wilderness Preservation System 
unit. 
(2) National Wild and Scenic River System 
unit. 
(3) National Park System unit. 
(4) National Wildlife Refuge System unit. 
(5) An allotment that includes a trail within the 
National Trails System. 
(6) National Landscape Conservation System 
unit. 
(7) Designated critical habitat for species listed 
under the Endangered Species Act of 1973. 
(8) Designated wilderness study area. 
(9) Roadless and undeveloped areas identified 
in Forest Service, Roadless Area Conservation EIS, 
vol. 2 (Nov. 2000). 
(10) Designated Bureau of Land Management 
Area of Critical Environmental Concern. 
(11) Designated Research Natural Area.
(12) An allotment that includes a ‘‘water qual-
ity limited’’ stream listed under section 303(d) of 
the Federal Water Pollution Control Act. 
(13) Stream segments identified as a ‘‘study 
river’’ under section 5(a) of the Wild and Scenic 
Rivers Act. 
(14) Stream segments identified by the Sec-
retary under section 5(d)(1) of the Wild and Scenic 
Rivers Act. 
(15) An allotment featuring other scientific, ec-
ological, scenic, watershed or recreation values. 
(d) RELATION TO EMINENT DOMAIN.—Nothing in 
this Act shall be interpreted to authorize the use of emi-
nent domain for the purpose of acquiring a Federal graz-
ing permit or lease. 
SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR 
LEASE. 
(a) COMPENSATION REQUIRED; AMOUNT.—A per-
mittee or lessee who waives a grazing permit or lease to 
the Secretary under section 4(a) shall be compensated at 
$175 per animal unit month, based on the average grazing 
use over the preceding 10 years the allotment was grazed, 
as stipulated by the grazing permit or lease and paid for 
by the permittee or lessee or the predecessors of the per-
mittee or lessee. Years of grazing nonuse are excluded
from this average. In the case that a permittee or lessee 
is in arrears of Federal grazing fees, the amount of fees 
in arrears shall be deducted from the amount of com-
pensation otherwise due the permittee or lessee under this 
section. 
(b) EFFECTS OF ISSUANCE OF CERTAIN PERMITS OR 
LEASES.—A permittee or lessee who seeks to waive a graz-
ing permit or lease under section 4 for a grazing allotment 
that was vacant or vacated as of the date of the enactment 
of this Act shall only be eligible for compensation under 
this section based on the average grazing use over the last 
ten years, including any years of grazing nonuse. 
(c) DONATION OF EXISTING PERMIT OR LEASE.—
A permittee or lessee may at any time waive their claim 
to compensation under this section and donate to the Sec-
retary a valid existing grazing permit or lease authorizing 
livestock grazing on Federal lands. The Secretary shall 
cancel donated grazing permits or leases and permanently 
retire the associated allotments from domestic livestock 
grazing use, notwithstanding any other provision of law. 
(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 permittees or lessees. 
SEC. 6. 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 subject grazing allot-
ments, notwithstanding any other provision of law. 
(b) SECURING RETIRED ALLOTMENTS AGAINST UN-
AUTHORIZED USE.—The Secretary shall ensure that allot-
ments retired from grazing under this Act are rendered 
reasonably secure from trespass grazing by 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. 7. 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 allotments from domestic 
livestock grazing use notwithstanding any other provision 
of law. 
SEC. 8. 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. 9. 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. None of the funds appropriated pursuant to this 
section shall be used by any Federal agency for adminis-
trative costs related to the purposes of this Act.
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