[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1602 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1602

     To reform the management of grazing on the public range lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

 Mr. Vento (for himself and Mr. Darden) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To reform the management of grazing on the public range lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Public Rangeland 
Grazing Reform Act of 1993''.
    (b) Findings.--The Congress finds--
            (1) the Federal rangelands and riparian areas under the 
        jurisdiction of the Bureau of Land Management and the Forest 
        Service in Western States should be managed in a manner to 
        achieve and sustain a status of healthy native range and 
        riparian ecosystems and in a manner that will sustain a full 
        and thriving spectrum of biologically diverse plant and animal 
        species within such ecosystems;
            (2) a substantial amount of Federal rangeland continues to 
        be in a deteriorated condition;
            (3) measures taken by the Bureau of Land Management and the 
        Forest Service to improve the condition of Federal rangelands 
        have not resulted in sufficient progress toward the achievement 
        of ecologically healthy and biologically diverse range and 
        riparian ecosystems for these lands;
            (4) the fee formula established by Executive Order Numbered 
        12548 of February 14, 1986, has resulted in fees that have not 
        returned to the Nation's citizens an adequate return for the 
        privilege of utilizing affected rangeland for livestock 
        grazing; and
            (5) it is necessary to revise applicable law so as to 
        improve management of grazing on rangelands in Western States 
        managed by the Bureau of Land Management and the Forest 
        Service.

SEC. 2. GRAZING FEES.

    (a) FLPMA Amendment.--Section 401 of the Federal Land Policy 
Management Act of 1976 (43 U.S.C. 1751) is amended by repealing 
subsection (a), and paragraph (b)(1), by redesignating paragraph (b)(2) 
as paragraph (a)(1), by redesignating paragraph (b)(3) as paragraph 
(a)(2), and by adding at the end of the section the following:
    ``(b)(1) Except as provided in subsection (c), the Secretary of 
Agriculture, with respect to national forest lands in the 16 contiguous 
Western States (including national grasslands) administered by the 
United States Forest Service where domestic livestock grazing is 
permitted under applicable law, and the Secretary of the Interior with 
respect to public domain lands administered by the Bureau of Land 
Management where domestic livestock grazing is permitted under 
applicable law, shall establish and implement, beginning with the 
grazing season which commences on March 1, 1994, an annual domestic 
livestock grazing fee equal to fair market value.
    ``(2)(A) For purposes of this subsection, the term `fair market 
value' is defined as follows:


  

                                                                                                                
                                                          Appraised Base Value <greek-e> Forage Value Index     
                      Fair Market Value =           ------------------------------------------------------------
                                                                                 100                            
                                                                                                                

    ``(B) For the purposes of subparagraph (A)--
            ``(i) the term `Forage Value Index' means the Forage Value 
        Index (FVI) computed annually by the Economic Research Service, 
        United States Department of Agriculture, and set with the 1991 
        FVI equal to 100; and
            ``(ii) the term `Appraised Base Value' means the 1983 
        Appraisal Value conclusions for mature cattle and horses 
        (expressed in dollars per head or pair month), as determined in 
        the 1986 report prepared jointly by the Secretary of 
        Agriculture and the Secretary of the Interior entitled `Grazing 
        Fee Review and Evaluation', dated February 1986, on a westwide 
        basis using the lowest appraised value of the pricing areas 
        adjusted for advanced payment and indexed to 1991.
    ``(3) Executive Order Numbered 12548, dated February 14, 1986, 
shall not apply to grazing fees established pursuant to this Act.
    ``(c) Alternative Fees.--The Secretary concerned is authorized to 
implement a program enabling persons permitted to graze domestic 
livestock on land described in subsection (b) to pay grazing fees in an 
amount less than would otherwise be required by subsection (b) if such 
persons meet requirements established by such Secretary to improve the 
condition of affected range and riparian ecosystems and the biological 
diversity of such ecosystems.
    ``(d) Consolidation of Boards.--The grazing advisory boards 
established pursuant to Secretarial action, notice of which was 
published in the Federal Register on May 14, 1986 (51 Fed. Reg. 17874), 
are hereby abolished, and the advisory function exercised by such 
boards, shall, after the date of enactment of this subsection, be 
exercised only by the appropriate councils established under this 
section.
    ``(e) U.S. Share of Receipts.--Funds appropriated pursuant to 
section 5 of the Public Rangelands Improvement Act of 1978 (43 U.S.C. 
1904) or any other provision of law related to disposition of the 
Federal share of receipts from fees for grazing on public domain lands 
or National Forest lands in the 16 contiguous Western States shall be 
used for restoration and enhancement of fish and wildlife habitat, for 
restoration and improved management of riparian areas, and for 
implementation and enforcement of applicable land management plans, 
allotment plans, and regulations regarding the use of such lands for 
domestic livestock grazing. Such funds shall be distributed as the 
Secretary concerned deems advisable after consultation and coordination 
with the advisory councils established pursuant to section 309 of this 
Act and other interested parties.''.
    (b) Taylor Grazing Act Amendment.--Section 10 of the Taylor Grazing 
Act (43 U.S.C. 315i) is amended to read as follows:

``SEC. 10. RECEIPT SHARING.

    ``(a) Payment to Local Governments.--From the moneys received by 
the United States in return for the grazing of domestic livestock on 
public domain lands and National Forest lands in the 16 contiguous 
Western States, the Secretary of the Treasury shall pay to the units of 
local government with jurisdiction over the lands with respect to which 
such moneys are collected an amount equal to 12.5 percent of such 
moneys collected under section 3 of this Act and 50 percent of such 
moneys collected under section 15 of this Act during each fiscal year.
    ``(b) Uses.--Payments made under this subsection shall be in 
addition to any payments made to units of local government under other 
applicable law. Moneys received under this section may be used for any 
governmental purpose, including but not limited to schools and roads, 
but may not be expended in support of or opposition to any legislative 
proposal pending before Congress prior to its enactment into law or in 
connection with any action or claim in any court or other agency of the 
United States or of any State relating to the management of domestic 
livestock grazing on public lands or National Forest lands.
    ``(c) Definition.--For purposes of this section, the term `unit of 
local government' shall have the same definition as such term has in 
chapter 69 of title 31 of the United States Code (providing for 
payments for entitlement land).
    ``(d) Proportions.--If any grazing district includes lands within 
the jurisdiction of more than one unit of local government, payments to 
each such unit shall be in proportion to the percentage of the total 
area of such grazing district located within each such unit's 
jurisdiction.''.

SEC. 3. TERM OF GRAZING PERMITS.

    Subsections (a) and (b) of section 402 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1752) are amended by striking the 
words ``ten years'' each time such words occur in such subsections and 
by inserting in lieu thereof the words ``five years''.

SEC. 4. NONGRAZING USE.

    Section 402 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752) is amended by adding at the end thereof the following:
    ``(i) Allotment Management Plans; Nongrazing Uses.--
            ``(1) If a State natural resource or wildlife agency, or 
        nongovernmental organization or private person in a cooperative 
        agreement with a State natural resource or wildlife agency, is 
        a holder of a grazing permit or a lease and notifies the 
        Secretary concerned that such holder intends to refrain from 
        utilizing for livestock grazing some or all of the forage 
        available for such purposes under such permit or lease for an 
        interval of at least 2 years for the purpose of conservation or 
        wildlife enhancement, the Secretary shall place such forage on 
        a nonuse status for the interval specified by such holder at 
        the time of notification.
            ``(2) Forage placed on a nonlivestock-use status under this 
        subsection shall not be available for domestic livestock 
        grazing under any permit or lease, and the unavailability of 
        such forage for livestock grazing shall be taken into account 
        by the Secretary in connection with the preparation or revision 
        of plans for the management of the affected lands.
            ``(3) The holder of a grazing permit or lease who has 
        utilized the option under this subsection of having some or all 
        of the forage covered by such permit or lease placed on a 
        nonuse status shall be given the first priority, pursuant to 
        this subsection, for receipt of a new permit or lease for the 
        land covered by such permit or lease after its expiration.
            ``(4) Any fee otherwise applicable for utilization by 
        grazing of forage under a grazing permit or lease shall be 
        reduced to the extent that such forage is on a nonuse status 
        under this subsection.''.

SEC. 5. PROHIBITION OF SUBLEASING.

    Section 402 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752), as amended by section 3 of this Act, is further 
amended by adding at the end thereof the following:
    ``(j) Prohibition of Subleasing.--(1) Subleasing is hereby 
prohibited.
    ``(2) For purposes of this subsection the following terms shall 
have the following meanings:
            ``(A) The term `subleasing' means the grazing, on public 
        lands or on National Forest lands covered by a grazing permit, 
        of domestic livestock which is not both owned and controlled by 
        the holder of the grazing permit.
            ``(B) The term `grazing permit' means a permit or lease of 
        the type described in subsection (a) of this section which has 
        been issued by the Secretary concerned pursuant to applicable 
        law and which authorizes for a specified term of years the 
        grazing of domestic livestock on public lands or lands within 
        National Forests in the 16 contiguous Western States.
    ``(3) To assure compliance with this subsection, the Secretary 
concerned shall require each holder of a grazing permit to file 
annually an affidavit that such holder owns and controls all livestock 
which such holder is knowingly allowing to graze on public lands or 
National Forest lands covered by such holder's grazing permit.
    ``(4)(A) A grazing permit shall terminate 30 days after the 
effective date of any lease, conveyance, transfer, or other voluntary 
action on the part of a holder of a grazing permit which has the effect 
of removing from the control of the holder of such permit the privately 
owned property or part thereof with respect to which a grazing permit 
was issued. No grazing pursuant to such permit shall be permitted after 
such termination unless, prior to such termination, the party that has 
obtained or will obtain control of such property or part thereof has 
submitted an application for a grazing permit based on such control, in 
which case the Secretary concerned may allow grazing to continue if 
such Secretary has reason to believe that such application is likely to 
be approved. Such continued grazing shall be for a period no longer 
than the remainder of the grazing year during which such application 
was submitted.
    ``(B)(i) A grazing permit held by a natural person shall terminate 
upon the death of its holder, but the Secretary may permit grazing to 
continue on lands covered by such grazing permit for a period not to 
exceed 2 years after the date of the death of such holder if necessary 
or appropriate in order to facilitate the orderly management of the 
deceased holder's estate.
    ``(ii) A grazing permit shall terminate upon an involuntary 
transfer from the control of its holder (including a transfer by 
operation of law) of the privately owned property (or portion thereof) 
with respect to which such grazing permit was issued, but the Secretary 
may permit grazing to continue on lands covered by such grazing permit 
for a period not to exceed 1 year after such involuntary transfer, if 
necessary, in order to facilitate the redemption, sale, or other 
disposition of such property or portion thereof.
    ``(iii) After any continuation of grazing pursuant to either clause 
(i) or (ii) any grazing on lands affected by such continuation shall 
occur only subject to a new grazing permit.
    ``(iv) Any decision by the Secretary concerned to permit a 
continuation of grazing pursuant to this paragraph shall be 
discretionary, and this paragraph shall not be construed as vesting in 
any party any right to graze livestock on any lands owned by the United 
States or any right to any grazing permit.
    ``(5) Any holder of a grazing permit who knowingly allows 
subleasing to occur on public lands or National Forest lands covered by 
such permit shall forfeit to the United States the dollar equivalent of 
any value in excess of the grazing fee paid or payable to the United 
States with respect to such permit, shall be disqualified from further 
exercise of any rights or privileges conferred by that permit or any 
other grazing permit, and shall be subject to the penalties specified 
in section 303 of this Act.
    ``(6) Any person other than the holder of a grazing permit who 
knowingly engages in subleasing on or after the date of enactment of 
this subsection shall be subject to the penalties specified in section 
303 of this Act.''.

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