Grazing Improvement Act

Bill: 113-hr-657
Sponsor: full_name: Rep. Labrador, Raul R. [R-ID-1]
Introduced: 2013-02-13
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures

Administrative remedies

Department of Agriculture

Environmental assessment, monitoring, research

Forests, forestry, trees

Land use and conservation

Licensing and registrations

Livestock
Latest action: action_date: 2013-07-09
text: Placed on the Union Calendar, Calendar No. 105.

Summaries:
action_date: 2013-02-13
action_desc: Introduced in House
text: <p>Grazing Improvement Act - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years), including where the Secretary concerned determines that the initial environmental analysis under the National Environmental Policy Act of 1969 (NEPA) regarding a grazing allotment, permit, or lease has not been completed. </p> <p>Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, the Granger-Thye Act, the Bankhead-Jones Farm Tenant Act, or the California Desert Protection Act of 1994. </p> <p> Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the NEPA requirement to prepare an environmental analysis if: (1) such decision continues to renew, reissue, or transfer current grazing management of the allotment; (2) monitoring indicates that such management meets objectives contained in the land use and resource management plan of the allotment; or (3) the decision is consistent with the policy of the Department of the Interior or USDA regarding extraordinary circumstances. </p> <p>Makes NEPA inapplicable to domestic livestock crossing and trailing authorizations and transfers of grazing preference.</p>

action_date: 2013-07-09
action_desc: Reported to House amended, Part I
text: <p>Grazing Improvement Act - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years), including where the Secretary concerned determines that the initial environmental analysis under the National Environmental Policy Act of 1969 (NEPA) regarding a grazing allotment, permit, or lease has not been completed. </p> <p>Permits only applicants, permittees, and lessees whose interest in grazing livestock is directly affected by a final grazing decision to appeal such decision to an administrative law judge. </p> <p>Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, the Granger-Thye Act, the Bankhead-Jones Farm Tenant Act, or the California Desert Protection Act of 1994. </p> <p> Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the NEPA requirement to prepare an environmental analysis if: (1) such decision continues to renew, reissue, or transfer current grazing management of the allotment; (2) monitoring indicates that such management meets objectives contained in the land use and resource management plan of the allotment; or (3) the decision is consistent with the policy of the Department of the Interior or USDA regarding extraordinary circumstances. </p> <p>Gives the Secretary concerned the sole discretion to determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of such authorization and available funding.</p> <p>Makes NEPA inapplicable to domestic livestock crossing and trailing authorizations, transfers of grazing preference, and range improvements.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 657 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Labrador (for himself, Mr. Amodei , Mr. Costa , Mr. Gosar , Mr. McClintock , Mrs. Noem , Mr. Thompson of Pennsylvania , Mr. Tipton , Mr. Simpson , and Mr. Walden ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , 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 amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes.

1. Short title This Act may be cited as the Grazing Improvement Act . 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended— (1) by striking ten years each place it appears and inserting 20 years ; and (2) in subsection (b)— (A) by striking or at the end of each of paragraphs (1) and (2); (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) the initial environmental analysis under National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) regarding a grazing allotment, permit, or lease has not been completed. . 3. Renewal, transfer, and reissuance of grazing permits and leases (a) Amendment Title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq. ) is amended by adding at the end the following: 405. Renewal, transfer, and reissuance of grazing permits and leases (a) Definitions In this section: (1) Current grazing management The term current grazing management means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan. (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. (b) Renewal, Transfer, reissuance, and pending processing A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate— (1) section 402; (2) section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ; 16 U.S.C. 580l ); (3) title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (4) section 510 the California Desert Protection Act of 1994 ( 16 U.S.C. 410aaa–50 ). (c) Terms; conditions The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. (d) Cancellation; suspension; modification Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. (e) Renewal transfer reissuance after processing When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned shall renew or reissue the permit or lease for a term of 20 years after completion of processing. (f) Compliance with National Environmental Policy Act of 1969 The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if— (1) the decision continues to renew, reissue, or transfer the current grazing management of the allotment; (2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or (3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. (g) Priority and timing for completing environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. (h) NEPA exemptions The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall not apply to the following: (1) Crossing and trailing authorizations of domestic livestock. (2) Transfer of grazing preference. . (b) Table of contents The table of contents for the Federal Land Policy and Management Act of 1976 is amended by adding after the item for section 404, the following: Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases. .

tv_txt: IB Union Calendar No. 105 113th CONGRESS 1st Session H. R. 657 [Report No. 113–145, Part 1] IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Labrador (for himself, Mr. Amodei , Mr. Costa , Mr. Gosar , Mr. McClintock , Mrs. Noem , Mr. Thompson of Pennsylvania , Mr. Tipton , Mr. Simpson , and Mr. Walden ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , 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 July 9, 2013 Additional sponsors: Mrs. Lummis , Mr. Daines , Mr. Pearce , Mr. Cramer , Mr. LaMalfa , and Mr. Stewart July 9, 2013 Reported from the Committee on Natural Resources with an amendment Strike out all after the enacting clause and insert the part printed in italic July 9, 2013 The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 13, 2013 A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes.

1. Short title This Act may be cited as the Grazing Improvement Act . 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended— (1) by striking ten years each place it appears and inserting 20 years ; (2) in subsection (b)— (A) by striking or at the end of each of paragraphs (1) and (2); (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) the initial environmental analysis under National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) regarding a grazing allotment, permit, or lease has not been completed. ; and (3) after subsection (h), insert the following new subsection: (i) Only applicants, permittees and lessees whose interest in grazing livestock is directly affected by a final grazing decision may appeal the decision to an administrative law judge. . 3. Renewal, transfer, and reissuance of grazing permits and leases (a) Amendment Title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq. ) is amended by adding at the end the following: 405. Renewal, transfer, and reissuance of grazing permits and leases (a) Definitions In this section: (1) Current grazing management The term current grazing management means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan. (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. (b) Renewal, Transfer, reissuance, and pending processing A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate— (1) section 402; (2) section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ; 16 U.S.C. 580l ); (3) title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (4) section 510 the California Desert Protection Act of 1994 ( 16 U.S.C. 410aaa–50 ). (c) Terms; conditions The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. (d) Cancellation; suspension; modification Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. (e) Renewal transfer reissuance after processing When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned shall renew or reissue the permit or lease for a term of 20 years after completion of processing. (f) Compliance with National Environmental Policy Act of 1969 The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if— (1) the decision continues to renew, reissue, or transfer the current grazing management of the allotment; (2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or (3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. (g) Priority and timing for completing environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. (h) NEPA exemptions The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following: (1) Crossing and trailing authorizations of domestic livestock. (2) Transfer of grazing preference. (3) Range improvements as defined under 43 U.S.C. 315c and 16 U.S.C. 580h. . (b) Table of contents The table of contents for the Federal Land Policy and Management Act of 1976 is amended by adding after the item for section 404, the following: Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases. .

July 9, 2013 Reported from the Committee on Natural Resources with an amendment July 9, 2013 The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed