[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 676 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 676

     To require the Secretary of the Interior and the Secretary of 
      Agriculture to establish grazing fees at fair market value.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1995

  Mr. Nadler introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To require the Secretary of the Interior and the Secretary of 
      Agriculture to establish grazing fees at fair market value.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Market Grazing Fees Act''.

SEC. 2. GRAZING FEES ESTABLISHED AT FAIR MARKET VALUE.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Agriculture and the Secretary of the Interior, with 
respect to public grazing lands subject to their respective 
jurisdiction, shall establish beginning with the grazing season which 
commences on March 1, 1996, an annual domestic livestock grazing fee 
equal to the fair market value of the grazing lease or permit 
concerned.
    (b) Factors.--In determining the fair market value of a grazing 
lease or permit, each Secretary shall take into account--
            (1) the amounts and conditions under which neighboring non-
        Federal lands are leased or sold for grazing purposes;
            (2) the improvements provided or to be provided by the 
        leasee or permit holder; and
            (3) the services to be provided by the United States.
    (c) Procedures.--In determining the fair market value of grazing 
permits, the Secretary of the Interior and the Secretary of Agriculture 
shall publish rules in accordance with chapter 5 of title 5, United 
States Code, which ensure that whenever practicable fair market value 
is established through competitive bidding.
    (d) Small Family Ranch Exemption.--(1) The holder of a Federal 
grazing lease or permit as of the date of enactment of this Act who 
makes a certification to the Secretary in accordance with paragraph (2) 
shall be charged the prevailing grazing fee on that date for a period 
ending on February 28, 2006.
    (2) Prior to the beginning of each grazing season, the holder of 
the Federal grazing lease or permit certifies to the appropriate 
Secretary that for the calendar year immediately preceding, that the 
holder--
            (A) derived more than half of its annual income from the 
        ranching operation associated with the Federal grazing lease or 
        permit;
            (B) performed substantial labor in the ranching operation 
        by the individual or the individual's immediate family, or, if 
        a business, by the officers of the business; and
            (C) if an individual, has an adjusted gross annual income 
        (as defined in the Internal Revenue Code of 1986) of less than 
        $50,000; or, if a person other than an individual has total 
        assets including (but not limited to) the value of Federal 
        leases or permits of any kind, including the assets of any 
        entity owned by, controlled by, or under common control with--
        directly or indirectly--the person, of less than $1,000,000.
    (e) Public Grazing Lands Defined.--For the purposes of this Act, 
the term ``public grazing lands'' means--
            (1) the National Forest lands (including the national 
        grasslands) in the 16 contiguous Western States administered by 
        the United States Forest Service where domestic livestock 
        grazing is permitted under applicable law;
            (2) the public domain lands administered by the Bureau of 
        Land Management where domestic livestock grazing is permitted 
        under applicable law; and
            (3) the lands within units of the National Park System on 
        which grazing is permitted under applicable law.
    (f) Limitation on Grazing.--No grazing shall be permitted on any 
public grazing lands after March 1, 1996, unless the Secretary of the 
Interior and the Secretary of Agriculture each affirm that grazing fees 
for all lands under their respective jurisdiction are established in 
compliance with this Act.
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