II 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 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.