113 HR 657 RH: Grazing Improvement Act U.S. House of Representatives 2013-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

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