II Calendar No. 627 118th CONGRESS 2d Session S. 4454 IN THE SENATE OF THE UNITED STATES June 4, 2024 Mr. Barrasso (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024 Reported by Mr. Manchin , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To provide for the establishment of an Operational Flexibility Grazing Management Program on land managed by the Bureau of Land Management, and for other purposes.

1. Short title This Act may be cited as the Operational Flexibility Grazing Management Program Act . 2. Definitions In this Act: (1) Bureau The term Bureau means the Bureau of Land Management. (2) Federal land The term Federal land means land managed by the Bureau. (3) Operational flexibility The term operational flexibility , with respect to grazing on Federal land, means changes made to grazing management of an allotment or allotment area that— (A) differ from— (i) the terms and conditions of the applicable grazing permit or lease; or (ii) the administration of grazing on the applicable allotment or allotment area during the preceding year; or (B) are based on emerging landscape conditions or producer needs. (4) Program The term program means the Operational Flexibility Grazing Management Program authorized under section 3(a). (5) Secretary The term Secretary means the Secretary of the Interior. 3. Operational Flexibility Grazing Management Program (a) In general The Secretary may carry out a grazing management program on Federal land, to be known as the Operational Flexibility Grazing Management Program , in accordance with applicable law (including regulations) and the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109 (as in effect on September 30, 2021), to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the Federal land. (b) Flexible grazing use alternative for a grazing permit or lease (1) In general At the request of an authorized grazing permittee or lessee, for purposes of renewing a grazing permit or lease under the program, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Secretary shall develop and authorize at least 1 alternative to provide operational flexibility in livestock grazing use to account for changing conditions. (2) Consultation The Secretary shall develop alternatives under paragraph (1) in consultation with— (A) the authorized grazing permittee or lessee; (B) affected Federal and State agencies; (C) applicable Indian Tribes; and (D) other landowners, permittees, or lessees in the affected allotment. (c) Implementation of interim operational flexibilities At the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for a period not to exceed the remaining term of the grazing permit or lease to address significant changes in weather, forage production, effects of fire, drought, market conditions, or other temporary conditions— (1) by adjusting the season of use, the beginning date of the period of use, the ending date of the period of use, or both the beginning date and ending date, the stocking level, water placement and transportation, and other necessary operational flexibilities, as applicable, under the grazing permit or lease, subject to the requirements that— (A) unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use occurs— (i) not earlier than 14 days before the beginning date specified in the applicable grazing permit or lease; and (ii) not later than 14 days after the ending date specified in the applicable grazing permit or lease; and (B) the authorized grazing permittee or lessee provides notice of the adjustment to the Bureau not later than 2 business days before the date of adjustment; and (2) by authorizing the immediate implementation and adoption of operational flexibilities in cases in which operational flexibilities are necessary to achieve ecological health, avoid immediate ecological degradation of the allotment or allotment area, or respond to an emerging management need. (d) Monitoring plans To monitor and evaluate outcomes from the use of operational flexibilities under the program, the Secretary, in coordination with grazing permittees and lessees, shall use— (1) cooperative rangeland monitoring plans that comply with any applicable monitoring requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and any applicable Federal grazing regulations; and (2) rangeland health objectives. (e) Reporting requirements; review (1) Reporting requirements (A) Annual reports (i) In general Annually, program staff shall submit to the Secretary a report on the program. (ii) Failure to submit The failure of program staff to submit an annual report required under clause (i) shall not affect the ability of authorized grazing permittees or lessees to participate in the program. (B) Reports to Congress Not later than 3 years after the date of enactment of this Act and every 3 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of operational flexibilities under the program and any associated information relating to ecological outcomes and land health standards under the program. (2) Review (A) In general Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the use of operational flexibilities under the program, including a review of ecological outcomes and other relevant outcomes under the program. (B) No effect on grazing authorizations or use The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. (f) No effect on grazing preference or activities Nothing in this Act— (1) affects grazing preferences or authorizations provided under the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ; 43 U.S.C. 315 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), or any other applicable Federal law; (2) requires grazing permittees or lessees to pursue operational flexibilities during the renewal, extension, or authorization of a new grazing permit or lease; (3) requires the Secretary to consider modifying or terminating any grazing activity, authorization, or use; or (4) precludes the Secretary from modifying or terminating an existing grazing permit or lease in accordance with applicable law (including regulations). (g) No termination of grazing permit or lease for use of operational flexibilities The Secretary may not terminate or fail to renew an applicable grazing permit or lease for a violation of the applicable grazing permit or lease that is due to the use of an operational flexibility under the program.

1. Short title This Act may be cited as the Operational Flexibility Grazing Management Program Act . 2. Definitions In this Act: (1) Bureau The term Bureau means the Bureau of Land Management. (2) Federal land The term Federal land means land managed by the Bureau. (3) Operational flexibility The term operational flexibility , with respect to grazing on Federal land, means a change made to grazing management of an allotment that— (A) modifies a grazing permit or lease to allow a variance from the terms and conditions of the applicable grazing permit or lease to exercise flexibility by making adjustments to livestock grazing use; or (B) is based on emerging landscape conditions resulting from changes in weather, forage production, effects of wildfire or drought, or other temporary circumstances that impact resource conditions. (4) Program The term program means the Operational Flexibility Grazing Management Program authorized under section 3(a). (5) Secretary The term Secretary means the Secretary of the Interior. 3. Operational Flexibility Grazing Management Program (a) In general The Secretary may carry out a grazing management program on Federal land, to be known as the Operational Flexibility Grazing Management Program , in accordance with applicable law (including regulations) and the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109 (as in effect on September 30, 2021) (or a substantially similar successor memorandum), for the sole purpose of providing to authorized grazing permittees and lessees, on request of the applicable authorized grazing permittees and lessees, increased operational flexibility to adapt to and improve the long-term ecological health of the Federal land, in accordance with this section. (b) Flexible grazing use alternative for a grazing permit or lease (1) In general At the request of an authorized grazing permittee or lessee, for purposes of renewing a grazing permit or lease of the applicable authorized grazing permittee or lessee under the program, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Secretary shall develop and analyze at least 1 alternative to provide operational flexibility in livestock grazing use to account for changing conditions. (2) New or renewed permit terms and conditions (A) Preferred alternative If the Secretary determines that an alternative developed and analyzed under paragraph (1) is the preferred alternative, the Secretary shall— (i) incorporate the preferred alternative, including the applicable monitoring plan, into the terms and conditions of the applicable grazing permit or lease; and (ii) specify how monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program. (B) Adjustments Before implementing any measure for the purposes of operational flexibilities with respect to which a grazing use authorized under the terms and conditions of a permit or lease with respect to which a preferred alternative has been incorporated under subparagraph (A)(i), the authorized grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment. (C) Applicable law The implementation of a preferred alternative incorporated under subparagraph (A)(i) in a component of the National Landscape Conservation System shall be in accordance with the laws (including regulations) applicable to the component of the National Landscape Conservation System. (c) Interim operational flexibility (1) In general At the request of an authorized grazing permittee or lessee, the Secretary, using new and existing data, may allow a temporary variance to the terms and conditions of a grazing permit or lease to address significant changes in weather, forage production, the effects of fire or drought, or other temporary circumstances that impact resource conditions, to facilitate the long-term ecological health of the Federal land. (2) Variances In approving a request for interim operational flexibility, the Secretary may authorize a temporary variance to the terms and conditions of the applicable grazing permit or lease to adjust the beginning date, the ending date, both the beginning date and ending date, or water transportation, as applicable, as specified in the applicable grazing permit or lease, subject to— (A) the requirement that, unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use— (i) occurs— (I) not earlier than 21 days before the beginning date specified in the applicable grazing permit or lease; or (II) not later than 21 days after the ending date specified in the applicable grazing permit or lease; and (ii) would not result in forage removal that exceeds the amount of active use specified in the applicable grazing permit or lease; (B) the requirement that the authorized grazing permittee or lessee provides notice of the adjustment to the Bureau not later than 7 business days before the date of adjustment; and (C) any other terms and conditions the Secretary determines to be appropriate. (3) Monitoring plans for interim operational flexibilities (A) In general In accordance with applicable law (including regulations) and applicable permit or lease terms and conditions, an authorized grazing permittee or lessee using interim operational flexibilities under this subsection shall develop and use a monitoring plan determined to be acceptable to the Secretary as a reasonable way to track the effects of the interim operational flexibilities under the program on the long-term ecological health of the allotment on which the interim operational flexibilities are used. (B) Use of data; third-party data A monitoring plan developed under subparagraph (A) shall include provisions— (i) allowing the use by the authorized grazing permittee or lessee of any data generated under the terms and conditions of the applicable permit or lease; and (ii) for adjusting any components of the monitoring plan, including acceptance of data from third parties as part of the monitoring process. (C) Monitoring data (i) In general The Secretary shall accept for consideration under the monitoring process established in accordance with a monitoring plan developed under this paragraph any monitoring data that— (I) are collected using Bureau-approved methods and protocols; and (II) meet Bureau data quality requirements. (ii) Limitation Any monitoring data not collected using Bureau-approved methods and protocols or determined by the Secretary not to accurately reflect on-the-ground conditions may be subject to limited use under the monitoring process established in a monitoring plan developed under this paragraph. (4) Reporting (A) In general An authorized grazing permittee or lessee implementing interim operational flexibility under this subsection shall include with the annual monitoring data submitted under subsection (d)(1)(A) a description of— (i) any interim operational flexibilities or permit or lease variances implemented by the authorized grazing permittee or lessee during the previous year in response to resource conditions; and (ii) the effects of those implemented interim operational flexibilities on landscape health. (B) Requirement The Secretary shall— (i) assess the impact of the interim operational flexibilities implemented under this subsection; and (ii) terminate those interim operational flexibilities if the Secretary determines that applicable land health standards are not met. (d) Reporting requirements; review (1) Reporting requirements (A) Annual reporting Not less frequently than annually, each authorized grazing permittee or lessee participating in the program shall submit to the applicable Bureau program staff monitoring data relating to any operational flexibilities or permit or lease variances implemented by the authorized grazing permittee or lessee during the previous year. (B) Reports to Secretary (i) In general Not later than 3 years after the date of enactment of this Act and every 3 years thereafter, program staff shall submit to the Secretary a report on the program. (ii) Failure to submit The failure of program staff to submit a report required under clause (i) shall not affect the ability of authorized grazing permittees or lessees to participate in the program. (C) Reports to congress Not later than 4 years after the date of enactment of this Act and every 3 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that describes— (i) the use of operational flexibilities under the program; and (ii) any associated information relating to ecological outcomes and land health standards under the program. (2) Review (A) In general Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the use of operational flexibilities under the program, including a review of ecological outcomes and other relevant outcomes under the program. (B) No effect on grazing authorizations or use The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. (e) No effect on grazing preference or activities Nothing in this Act— (1) affects grazing preferences or authorizations provided under the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ; 43 U.S.C. 315 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), or any other applicable Federal law; (2) requires grazing permittees or lessees to pursue operational flexibilities during the renewal, extension, or authorization of a new grazing permit or lease; (3) requires the Secretary to consider modifying or terminating any grazing activity, authorization, or use; or (4) precludes the Secretary from modifying or terminating an existing grazing permit or lease in accordance with applicable law (including regulations).

November 21, 2024 Reported with an amendment