II
Calendar No. 589
105TH CONGRESS
2D SESSION
H. R. 2493
IN THE SENATE OF THE UNITED STATES
OCTOBER 31, 1997
Received; read twice and referred to the Committee on Energy and Natural
Resources
SEPTEMBER 18, 1998
Reported by Mr. MURKOWSKI, without amendment
AN ACT
To establish a mechanism by which the Secretary of Agri-
culture and the Secretary of the Interior can provide
for uniform management of livestock grazing on Federal
lands.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Forage Improvement Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
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Sec. 2. Rules of construction.
Sec. 3. Coordinated administration.
TITLE I—MANAGEMENT OF GRAZING ON FEDERAL LANDS
Sec. 101. Application of title.
Sec. 102. Definitions.
Sec. 103. Monitoring.
Sec. 104. Subleasing.
Sec. 105. Cooperative allotment management plans.
Sec. 106. Fees and charges.
TITLE II—MISCELLANEOUS
Sec. 201. Effective date.
Sec. 202. Issuance of new regulations.
SEC. 2. RULES OF CONSTRUCTION.
(a) LIMITATION ON APPLICATION.—Nothing in this
Act shall be construed to affect grazing in any unit of the
National Park System, in any unit of the National Wildlife
Refuge System, in any unit of the National Forest System
managed as a National Grassland by the Secretary of Ag-
riculture under the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.), on any lands that are not Federal
lands (as defined in section 102), or on any lands that
are held by the United States in trust for the benefit of
Indians.
(b) MULTIPLE USE ACTIVITIES NOT AFFECTED.—
Nothing in this Act shall be construed to limit or preclude
the use of Federal lands (as defined in section 102) for
hunting, fishing, recreation, or other multiple use activi-
ties in accordance with applicable Federal and State laws
and the principles of multiple use.
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(c) VALID EXISTING RIGHTS.—Nothing in this Act
shall be construed to affect valid existing rights, reserva-
tions, agreements, or authorizations under Federal or
State law.
(d) ACCESS TO NONFEDERALLY OWNED LANDS.—
Section 1323 of Public Law 96–487 (16 U.S.C. 3210)
shall continue to apply with regard to access to nonfeder-
ally owned lands.
SEC. 3. COORDINATED ADMINISTRATION.
To the maximum extent practicable, the Secretary of
Agriculture and the Secretary of the Interior shall provide
for consistent and coordinated administration of livestock
grazing and management of Federal lands (as defined in
section 102) consistent with the laws governing such
lands.
TITLE I—MANAGEMENT OF
GRAZING ON FEDERAL LANDS
SEC. 101. APPLICATION OF TITLE.
(a) FOREST SERVICE LANDS.—This title applies to
the management of grazing on National Forest System
lands, by the Secretary of Agriculture under the following
laws:
(1) The 11th undesignated paragraph under the
heading ‘‘SURVEYING THE PUBLIC LANDS’’ under the
heading ‘‘UNDER THE DEPARTMENT OF THE
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INTERIOR’’ in the Act of June 4, 1897 (commonly
known as the Organic Administration Act of 1897)
(30 Stat. 35, second full paragraph on that page; 16
U.S.C. 551).
(2) Sections 11, 12, and 19 of the Act of April
24, 1950 (commonly known as the Granger-Thye
Act of 1950) (64 Stat. 85, 88, chapter 97; 16
U.S.C. 580g, 580h, 580l).
(3) The Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528 et seq.).
(4) The Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.).
(5) The National Forest Management Act of
1976 (16 U.S.C. 472a et seq.).
(6) The Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(7) The Public Rangelands Improvement Act of
1978 (43 U.S.C. 1901 et seq.).
(b) BUREAU OF LAND MANAGEMENT LANDS.—This
title applies to the management of grazing on Federal
lands administered by the Secretary of the Interior under
the following laws:
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(6) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture, with re-
spect to the National Forest System; and
(B) the Secretary of the Interior, with re-
spect to Federal lands administered by the Sec-
retary of the Interior under the laws specified
in section 101(b).
(7) SIXTEEN CONTIGUOUS WESTERN STATES.—
The term ‘‘sixteen contiguous Western States’’
means the States of Arizona, California, Colorado,
Idaho, Kansas, Montana, Nebraska, Nevada, New
Mexico, North Dakota, Oklahoma, Oregon, South
Dakota, Utah, Washington, and Wyoming.
SEC. 103. MONITORING.
(a) MONITORING.—The monitoring of resource condi-
tions and trends on Federal lands within allotments shall
be performed only by qualified persons from the following
groups:
(1) Federal, State, and local government per-
sonnel.
(2) Grazing permittees and lessees.
(3) Professional consultants retained by the
United States or a permittee or lessee.
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(b) MONITORING CRITERIA AND PROTOCOLS.—Such
monitoring shall be conducted according to regional or
state criteria and protocols selected by the Secretary con-
cerned. The monitoring protocols shall be site specific, sci-
entifically valid, and subject to peer review. Monitoring
data shall be periodically verified.
(c) TYPES AND USE OF DATA COLLECTED.—
(1) USE OF PREVIOUSLY COLLECTED DATA AND
INFORMATION.—In addition to using data collected
from monitoring conducted under the authority of
this section, the Secretary concerned shall consider
data and information collected before the date of the
enactment of this Act, if available, so long as the
historical data and information is objective and reli-
able.
(2) APPLICATION
OF
CRITERIA
AND
PROTO-
COLS.—The Secretary concerned shall not accept
monitoring data that does not meet the requirements
of subsection (a) or (b).
(3) USE OF DATA.—The data and information
collected from such monitoring shall be used to
evaluate—
(A) the effects of ecological changes and
management actions on resources over time;
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(B) the effectiveness of actions in meeting
management objectives contained in applicable
land use plans; and
(C) the appropriateness of resource man-
agement objectives.
(d) NOTICE.—In conducting such monitoring, the
Secretary concerned shall provide reasonable notice of the
monitoring to affected permittees or lessees, including
prior notice to the extent practicable of not less than 48
hours.
SEC. 104. SUBLEASING.
A person issued a grazing permit or lease may not
enter into an agreement with another person to allow graz-
ing on the Federal lands covered by the grazing permit
or lease by livestock that are neither owned nor controlled
by the person issued the grazing permit or lease.
SEC. 
105. 
COOPERATIVE 
ALLOTMENT 
MANAGEMENT
PLANS.
(a) WRITTEN AGREEMENTS FOR OUTCOME-BASED
STANDARDS.—An allotment management plan or a graz-
ing permit or lease under section 402(d) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1752(d)) may include a written agreement with a qualified
grazing permittee or lessee described in subsection (b) (or
a group of qualified grazing permittees or lessees) that
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provides for outcome-based standards, rather than pre-
scriptive terms and conditions, for managing grazing ac-
tivities in a specified geographic area. At the request of
a qualified grazing permittee or lessee, the Secretary con-
cerned shall consider including such a written agreement
in an allotment management plan or a grazing permit or
lease.
(b) QUALIFIED GRAZING PERMITTEE
OR LESSEE
DESCRIBED.—A qualified grazing permittee or lessee re-
ferred to in subsection (a) is a person issued a grazing
permit or lease who has demonstrated sound stewardship
by meeting or exceeding the forage and rangeland goals
contained in applicable land use plans and in that person’s
grazing permit or lease for the previous five-year period.
(c) INCLUSION OF PERFORMANCE GOALS.—A written
agreement authorized under subsection (a) shall contain
performance goals that—
(1) are expressed in objective, quantifiable, and
measurable terms;
(2) establish performance indicators to be used
in measuring or assessing the relevant outcomes;
(3) provide a basis for comparing management
results with the established performance goals; and
(4) describe the means to be used to verify and
validate measured values.
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(d) APPLICATION
OF OTHER LAWS.—All require-
ments of law applicable to an allotment management plan
and a grazing permit or lease under section 402(d) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1752(d)), including the prohibition against extend-
ing the term of an existing grazing permit or lease, shall
apply to a written agreement entered into under sub-
section (a).
(e) FEDERAL ADVISORY COMMITTEE ACT.—Activi-
ties under this section shall be exempt from the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 106. FEES AND CHARGES.
(a) GRAZING FEES.—
(1) CALCULATION.—The fee for each animal
unit month in a grazing fee year for livestock graz-
ing on Federal lands in the sixteen contiguous west-
ern States shall be equal to the 12-year average of
the total gross value of production for beef cattle for
the 12 years preceding the grazing fee year, multi-
plied by the 12-year average of the United States
Treasury Securities six-month bill ‘‘new issue’’ rate,
and divided by 12. The gross value of production for
beef cattle shall be determined by the Economic Re-
search Service of the Department of Agriculture in
accordance with subsection (d)(1).
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(2) FEE FOR FOREIGN-OWNED OR CONTROLLED
GRAZING PERMITS OR LEASES.—In the case of a
grazing permit or lease held or otherwise controlled
in whole or in part by a foreign corporation or a for-
eign individual, the fee shall be equal to the higher
of the following:
(A) The average grazing fee (weighted by
animal unit months) charged by the State dur-
ing the previous grazing year for grazing on
State lands in the State in which the lands cov-
ered by the grazing permit or lease are located.
(B) The average grazing fee (weighted by
animal unit months) charged for grazing on pri-
vate lands in the State in which the lands cov-
ered by the grazing permit or lease are located.
(b) DEFINITION OF ANIMAL UNIT MONTH.—For the
purposes of billing only, the term ‘‘animal unit month’’
means one month’s use and occupancy of range by—
(1) one cow, bull, steer, heifer, horse, burro, or
mule, seven sheep, or seven goats, each of which is
six months of age or older on the date on which the
animal begins grazing on Federal lands;
(2) any such animal regardless of age if the
animal is weaned on the date on which the animal
begins grazing on Federal lands; and
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(3) any such animal that will become 12
months of age during the period of use authorized
under a grazing permit.
(c) LIVESTOCK NOT COUNTED.—There shall not be
counted as an animal unit month the use of Federal lands
for grazing by an animal that is less than six months of
age on the date on which the animal begins grazing on
such lands and is the progeny of an animal on which a
grazing fee is paid if the animal is removed from such
lands before becoming 12 months of age.
(d) CRITERIA FOR ECONOMIC RESEARCH SERVICE.—
(1) GROSS VALUE OF PRODUCTION OF BEEF
CATTLE.—The Economic Research Service of the
Department of Agriculture shall continue to compile
and report the gross value of production of beef cat-
tle, on a dollars-per-bred-cow basis for the United
States, as is currently published by the Service in:
‘‘Economic Indicators of the Farm Sector: Cost of
Production—Major Field Crops and Livestock and
Dairy’’ (Cow-calf production cash costs and re-
turns).
(2) AVAILABILITY.—For the purposes of deter-
mining the grazing fee for a given grazing fee year,
the gross value of production (as described above)
for the previous calendar year shall be made avail-
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able to the Secretary concerned, and published in
the Federal Register, on or before February 15 of
each year.
(e) TREATMENT OF OTHER FEES AND CHARGES.—
(1) 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 such costs
change, but in no case shall such fees and charges
exceed the actual administrative and processing
costs incurred by the Secretary concerned.
(2) NOTICE OF CHANGES.—Notice of a change
in a service charge shall be published in the Federal
Register.
TITLE II—MISCELLANEOUS
SEC. 201. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on the first day of the first grazing season be-
ginning after the date of the enactment of this Act.
SEC. 202. ISSUANCE OF NEW REGULATIONS.
The Secretary of Agriculture and the Secretary of the
Interior shall—
(1) coordinate the promulgation of new regula-
tions to carry out this Act; and
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(2) publish such regulations simultaneously not
later than 180 days after the date of the enactment
of this Act.
Passed the House of Representatives October 30,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 589
105TH CONGRESS
2D SESSION
H. R. 2493
AN ACT
To establish a mechanism by which the Secretary
of Agriculture and the Secretary of the Interior
can provide for uniform management of livestock
grazing on Federal lands.
SEPTEMBER 18, 1998
Reported without amendment