[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1459 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1459

_______________________________________________________________________

                                 AN ACT


 
To provide for uniform management of livestock grazing on Federal land, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This title may be cited as the ``Public 
Rangelands Management Act of 1996.''

SEC. 2. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments and repeals made by 
this Act shall become effective on the date of enactment.
    (b) Applicable Regulations.--
            (1) Except as provided in paragraph (2), grazing of 
        domestic livestock on lands administered by the Chief of the 
        Forest Service and the Director of the Bureau of Land 
        Management, as defined in section 104(11) of this Act, shall be 
        administered in accordance with the applicable regulations in 
        effect for each agency as of February 1, 1995, until such time 
        as the Secretary of Agriculture and the Secretary of the 
        Interior promulgate new regulations in accordance with this 
        Act.
            (2) Resource Advisory Councils established by the Secretary 
        of the Interior after August 21, 1995, may continue to operate 
        in accordance with their charters for a period not to extend 
        beyond February 28, 1997, and shall be subject to the 
        provisions of this Act.
    (c) New Regulations.--With respect to title I of this Act--
            (1) the Secretary of Agriculture and the Secretary of the 
        Interior shall provide, to the maximum extent practicable, for 
        consistent and coordinated administration of livestock grazing 
        and management of rangelands administered by the Chief of the 
        Forest Service and the Director of the Bureau of Land 
        Management, as defined in section 104(11) of this Act, 
        consistent with the laws governing the public lands and the 
        National Forest System;
            (2) the Secretary of Agriculture and the Secretary of the 
        Interior shall, to the maximum extent practicable, coordinate 
        the promulgation of new regulations and shall publish such 
        regulations simultaneously.

             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND

                     Subtitle A--General Provisions

SEC. 101. FINDINGS.

    (a) Findings.--Congress finds that--
            (1) multiple use, as set forth in current law, has been and 
        continues to be a guiding principle in the management of public 
        lands and national forests;
            (2) through the cooperative and concerted efforts of the 
        Federal rangeland livestock industry, Federal and State land 
        management agencies, and the general public, the Federal 
        rangelands are in the best condition they have been in during 
        this century, and their condition continues to improve;
            (3) as a further consequence of those efforts, populations 
        of wildlife are increasing and stabilizing across vast areas of 
        the West;
            (4) grazing preferences must continue to be adequately 
        safeguarded in order to promote the economic stability of the 
        western livestock industry;
            (5) it is in the public interest to charge a fee for 
        livestock grazing permits and leases on Federal land that is 
        based on a formula that--
                    (A) reflects a fair return to the Federal 
                Government and the true costs to the permittee or 
                lessee; and
                    (B) promotes continuing cooperative stewardship 
                efforts;
            (6) opportunities exist for improving efficiency in the 
        administration of the range programs on Federal land by--
                    (A) reducing planning and analysis costs and their 
                associated paperwork, procedural, and clerical burdens; 
                and
                    (B) refocusing efforts to the direct management of 
                the resources themselves;
            (7) in order to provide meaningful review and oversight of 
        the management of the public rangelands and the grazing 
        allotment on those rangelands, refinement of the reporting of 
        costs of various components of the land management program is 
        needed;
            (8) greater local input into the management of the public 
        rangelands is in the best interests of the United States;
            (9) the western livestock industry that relies on Federal 
        land plays an important role in preserving the social, 
        economic, and cultural base of rural communities in the Western 
        States and further plays an integral role in the economies of 
        the 16 contiguous Western States with Federal rangelands;
            (10) maintaining the economic viability of the western 
        livestock industry is in the best interest of the United States 
        in order to maintain open space and fish and wildlife habitat;
            (11) since the enactment of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.) and the 
        amendment of section 6 of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1604) by the National 
        Forest Management Act of 1976 (16 U.S.C. 472a et seq.), the 
        Secretary of the Interior and the Secretary of Agriculture have 
        been charged with coordinating land use inventory, planning and 
        management programs on Bureau of Land Management and National 
        Forest System lands with each other, other Federal departments 
        and agencies, Indian tribes, and State and local governments 
        within which the lands are located, but to date such 
        coordination has not existed to the extent allowed by law; and
            (12) it shall not be the policy of the United States to 
        increase or reduce total livestock numbers on Federal land 
        except as is necessary to provide for proper management of 
        resources, based on local conditions, and as provided by 
        existing law related to the management of Federal land and this 
        title.
    (b) Repeal of Earlier Findings.--Section 2(a) of the Public 
Rangelands Improvement Act of 1978 (43 U.S.C. 1901(a)) is amended--
            (1) by striking paragraphs (1), (2), (3), and (4);
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (1) and (2), respectively;
            (3) in paragraph (1) (as so redesignated), by adding 
        ``and'' at the end; and
            (4) in paragraph (2) (as so redesignated)--
                    (A) by striking ``harrassment'' and inserting 
                ``harassment''; and
                    (B) by striking the semicolon at the end and 
                inserting a period.

SEC. 102. APPLICATION OF ACT.

    (a) This Act applies to--
            (1) the management of grazing on Federal land by the 
        Secretary of the Interior under--
                    (A) the Act of June 28, 1934 (commonly known as the 
                ``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 
                U.S.C. 315 et seq.);
                    (B) the Act of August 28, 1937 (commonly known as 
                the ``Oregon and California Railroad and Coos Bay Wagon 
                Road Grant Lands Act of 1937'') (50 Stat. 874, chapter 
                876; 43 U.S.C. 1181a et seq.);
                    (C) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (D) the Public Rangelands Improvement Act of 1978 
                (43 U.S.C. 1901 et seq.);
            (2) the management of grazing on Federal land by the 
        Secretary of Agriculture under--
                    (A) the 12th undesignated paragraph under the 
                heading ``SURVEYING THE PUBLIC LANDS.'' under the 
                heading ``UNDER THE DEPARTMENT OF THE INTERIOR.'' in 
                the first section of the Act of June 4, 1897 (commonly 
                known as the ``Organic Administration Act of 1897'') 
                (30 Stat. 11, 35, chapter 2; 16 U.S.C. 551);
                    (B) the Act of April 24, 1950 (commonly known as 
                the ``Granger-Thye Act of 1950'') (64 Stat. 85, 88, 
                chapter 97; 16 U.S.C. 580g, 580h, 580l);
                    (C) the Multiple-Use Sustained Yield Act of 1960 
                (16 U.S.C. 528 et seq.);
                    (D) the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1600 et seq.);
                    (E) the National Forest Management Act of 1976 (16 
                U.S.C. 472a et seq.);
                    (F) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (G) the Public Rangelands Improvement Act of 1978 
                (43 U.S.C. 1901 et seq.); and
            (3) management of grazing by the Secretary on behalf of the 
        head of another department or agency under a memorandum of 
        understanding.
    (b) Nothing in this title shall affect grazing in any unit of the 
National Park System, National Wildlife Refuge System or on any lands 
that are not Federal lands as defined in this title.
    (c) Nothing in this title shall limit or preclude the use of and 
access to Federal land for hunting, fishing, recreational, watershed 
management or other appropriate multiple use activities in accordance 
with applicable Federal and State laws and the principles of multiple 
use.
    (d) Nothing in this title shall affect valid existing rights. 
Section 1323(a) and 1323(b) of Public Law 96-487 shall continue to 
apply to nonfederally owned lands.

SEC. 103. OBJECTIVE.

    The objective of this title is to--
            (1) promote healthy, sustained rangeland;
            (2) provide direction for the administration of livestock 
        grazing on Federal land;
            (3) enhance productivity of Federal land by conservation of 
        forage resources, reduction of soil erosion, and proper 
        management of other resources such as control of noxious 
        species invasion;
            (4) provide stability to the livestock industry that 
        utilizes the public rangeland;
            (5) emphasize scientific monitoring of trends and condition 
        to support sound rangeland management;
            (6) maintain and improve the condition of riparian areas 
        which are critical to wildlife habitat and water quality; and
            (7) maintain and improve the condition of Federal land for 
        multiple-use purposes, including but not limited to wildlife 
        and habitat, consistent with land use plans and other 
        objectives of this section.

SEC. 104. DEFINITIONS.

    In General.--In this title:
            (1) Active use.--The term ``active use'' means the amount 
        of authorized livestock grazing use made at any time.
            (2) Actual use.--The term ``actual use'' means the number 
        and kinds or classes of livestock, and the length of time that 
        livestock graze on, an allotment.
            (3) Affected interest.--The term ``affected interest'' 
        means an individual or organization that has expressed in 
        writing to the Secretary concern for the management of 
        livestock grazing on a specific allotment, for the purpose of 
        receiving notice of and the opportunity for comment and 
        informal consultation on proposed decisions of the Secretary 
        affecting the allotment.
            (4) Allotment.--The term ``allotment'' means an area of 
        designated Federal land that includes management for grazing of 
        livestock.
            (5) Allotment management plan.--The term ``allotment 
        management plan'' has the same meaning as defined in section 
        103(k) of Public Law 94-579 (43 U.S.C. 1702(k)).
            (6) Authorized officer.--The term ``authorized officer'' 
        means a person authorized by the Secretary to administer this 
        title, the Acts cited in section 102, and regulations issued 
        under this title and those Acts.
            (7) Base property.--The term ``base property'' means--
                    (A) private land that has the capability of 
                producing crops or forage that can be used to support 
                authorized livestock for a specified period of the 
                year; or
                    (B) water that is suitable for consumption by 
                livestock and is available to and accessible by 
                authorized livestock when the land is used for 
                livestock grazing.
            (8) Cancel; cancellation.--The terms ``cancel'' and 
        ``cancellation'' refer to a permanent termination, in whole or 
        in part, of--
                    (A) a grazing permit or lease and grazing 
                preference; or
                    (B) other grazing authorization.
            (9) Consultation, cooperation, and coordination.--The term 
        ``consultation, cooperation, and coordination'' means, for the 
        purposes of this title and section 402(d) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1752(d)), 
        engagement in good faith efforts to reach consensus.
            (10) Coordinated resource management.--The term 
        ``coordinated resource management''--
                    (A) means the planning and implementation of 
                management activities in a specified geographic area 
                that require the coordination and cooperation of the 
                Bureau of Land Management or the Forest Service with 
                affected State agencies, private land owners, and 
                Federal land users; and
                    (B) may include, but is not limited to practices 
                that provide for conservation, resource protection, 
                resource enhancement or integrated management of 
                multiple-use resources.
            (11) Federal land.--The term ``Federal land''--
                    (A) means land outside the State of Alaska that is 
                owned by the United States and administered by--
                            (i) the Secretary of the Interior, acting 
                        through the Director of the Bureau of Land 
                        Management; or
                            (ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service in the 
                        16 contiguous Western States; but
                    (B) does not include--
                            (i) land held in trust for the benefit of 
                        Indians; or
                            (ii) the National Grasslands as defined in 
                        section 203.
            (12) Grazing permit or lease.--The term ``grazing permit or 
        lease'' means a document authorizing use of the Federal land--
                    (A) within a grazing district under section 3 of 
                the Act of June 28, 1934 (commonly known as the 
                ``Taylor Grazing Act'') (48 Stat. 1270, chapter 865; 43 
                U.S.C. 315b), for the purpose of grazing livestock;
                    (B) outside grazing districts under section 15 of 
                the Act of June 28, 1934 (commonly known as the 
                ``Taylor Grazing Act'') (48 Stat. 1275, chapter 865; 43 
                U.S.C. 315m), for the purpose of grazing livestock; or
                    (C) in a national forest under section 19 of the 
                Act of April 24, 1950 (commonly known as the ``Granger-
                Thye Act of 1950'') (64 Stat. 88, chapter 97; 16 U.S.C. 
                5801), for the purposes of grazing livestock.
            (13) Grazing preference.--The term ``grazing preference'' 
        means the number of animal unit months of livestock grazing on 
        Federal land as adjudicated or apportioned and attached to base 
        property owned or controlled by a permittee or lessee.
            (14) Land base property.--The term ``land base property'' 
        means base property described in paragraph (7)(A).
            (15) Land use plan.--The term ``land use plan'' means--
                    (A) with respect to Federal land administered by 
                the Bureau of Land Management, one of the following 
                developed in accordance with the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1701 et seq.)--
                            (i) a resource management plan; or
                            (ii) a management framework plan that is in 
                        effect pending completion of a resource 
                        management plan; and
                    (B) with respect to Federal land administered by 
                the Forest Service, a land and resource management plan 
                developed in accordance with section 6 of the Forest 
                and Rangeland Resources Planning Act of 1974 (16 U.S.C. 
                1604).
            (16) Livestock carrying capacity.--The term ``livestock 
        carrying capacity'' means the maximum sustainable stocking rate 
        that is possible without inducing long-term damage to 
        vegetation or related resources.
            (17) Monitoring.--The term ``monitoring'' means the orderly 
        collection of data using scientifically-based techniques to 
        determine trend and condition of rangeland resources. Data may 
        include historical information, but must be sufficiently 
        reliable to evaluate--
                    (A) effects of ecological changes and management 
                actions; and
                    (B) effectiveness of actions in meeting management 
                objectives.
            (18) Range improvement.--The term ``range improvement''--
                    (A) means an authorized activity or program on or 
                relating to rangeland that is designed to--
                            (i) improve production of forage;
                            (ii) change vegetative composition;
                            (iii) control patterns of use;
                            (iv) provide water;
                            (v) stabilize soil and water conditions; or
                            (vi) provide habitat for livestock, wild 
                        horses and burros, and wildlife; and
                    (B) includes structures, treatment projects, and 
                use of mechanical means to accomplish the goals 
                described in subparagraph (A).
            (19) Rangeland study.--The term ``rangeland study'' means a 
        documented study or analysis of data obtained on actual use, 
        utilization, climatic conditions, other special events, 
        production trend, and resource condition and trend to determine 
        whether management objectives are being met, that--
                    (A) relies on the examination of physical 
                measurements of range attributes and not on cursory 
                visual scanning of land, unless the condition to be 
                assessed is patently obvious and requires no physical 
                measurements;
                    (B) utilizes a scientifically based and verifiable 
                methodology; and
                    (C) is accepted by an authorized officer.
            (20) Secretary; Secretaries.--The terms ``Secretary'' or 
        ``Secretaries'' mean--
                    (A) the Secretary of the Interior, in reference to 
                livestock grazing on Federal land administered by the 
                Director of the Bureau of Land Management; and
                    (B) the Secretary of Agriculture, in reference to 
                livestock grazing on Federal land administered by the 
                Chief of the Forest Service or the National Grasslands 
                referred to in title II.
            (21) Sublease.--The term ``sublease'' means an agreement by 
        a permittee or lessee that--
                    (A) allows a person other than the permittee or 
                lessee to graze livestock on Federal land without 
                controlling the base property supporting the grazing 
                permit or lease; or
                    (B) allows grazing on Federal land by livestock not 
                owned or controlled by the permittee or lessee.
            (22) Suspend; suspension.--The terms ``suspend'' and 
        ``suspension'' refer to a temporary withholding, in whole or in 
        part, of a grazing preference from active use, ordered by the 
        Secretary or done voluntarily by a permittee or lessee.
            (23) Utilization.--The term ``utilization'' means the 
        percentage of a year's forage production consumed or destroyed 
        by herbivores.
            (24) Water base property.--The term ``water base property'' 
        means base property described in paragraph (7)(B).

SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

    (a) Standards and Guidelines.--The Secretary shall establish 
standards and guidelines for addressing resource condition and trend on 
a State or regional level in consultation with the Resource Advisory 
Councils established in section 161, State departments of agriculture 
and other appropriate State agencies, and academic institutions in each 
interested State. Standards and guidelines developed pursuant to this 
subsection shall be consistent with the objectives provided in section 
103 and incorporated, by operation of law, into the applicable land use 
plan to provide guidance and direction for Federal land managers in the 
performance of their assigned duties.
    (b) Coordinated Resource Management.--The Secretary shall, where 
appropriate, authorize and encourage the use of coordinated resource 
management practices. Coordinated resource management practices shall 
be--
            (1) scientifically based;
            (2) consistent with goals and management objectives of the 
        applicable land use plan;
            (3) for the purposes of promoting good stewardship and 
        conservation of multiple-use rangeland resources; and
            (4) authorized under a cooperative agreement with a 
        permittee or lessee, or an organized group of permittees or 
        lessees in a specified geographic area. Notwithstanding the 
        mandatory qualifications required to obtain a grazing permit or 
        lease by this or any other Act, such agreement may include 
        other individuals, organizations, or Federal land users.
    (c) Coordination of Federal Agencies.--Where coordinated resource 
management involves private land, State land, and Federal land managed 
by the Bureau of Land Management or the Forest Service, the Secretaries 
are hereby authorized and directed to enter into cooperative agreements 
to coordinate the associated activities of--
            (1) the Bureau of Land Management;
            (2) the Forest Service;
            (3) the Natural Resources Conservation Service; and
            (4) State Grazing Districts established under State law.
    (d) Rule of Construction.--Nothing in this title or any other law 
implies that a minimum national standard or guideline is necessary.

SEC. 106. LAND USE PLANS.

    (a) Principle of Multiple Use and Sustained Yield.--An authorized 
officer shall manage livestock grazing on Federal land under the 
principles of multiple use and sustained yield and in accordance with 
applicable land use plans.
    (b) Contents of Land Use Plan.--With respect to grazing 
administration, a land use plan shall--
            (1) consider the impacts of all multiple uses, including 
        livestock and wildlife grazing, on the environment and 
        condition of public rangelands, and the contributions of these 
        uses to the management, maintenance and improvement of such 
        rangelands;
            (2) establish available animal unit months for grazing use, 
        related levels of allowable grazing use, resource condition 
        goals, and management objectives for the Federal land covered 
        by the plan; and
            (3) set forth programs and general management practices 
        needed to achieve the purposes of this title.
    (c) Application of NEPA.--Land use plans and amendments thereto 
shall be developed in conformance with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Conformance With Land Use Plan.--Livestock grazing activities, 
management actions and decisions approved by the authorized officer, 
including the issuance, renewal, or transfer of grazing permits or 
leases, shall not constitute major Federal actions requiring 
consideration under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in addition to that which is necessary to support 
the land use plan, and amendments thereto.
    (e) Nothing in this section is intended to override the planning 
and public involvement processes of any other Federal law pertaining to 
Federal lands.

SEC. 107. REVIEW OF RESOURCE CONDITION.

    (a) Upon the issuance, renewal, or transfer of a grazing permit or 
lease, and at least once every six (6) years, the Secretary shall 
review all available monitoring data for the affected allotment. If the 
Secretary's review indicates that the resource condition is not meeting 
management objectives, then the Secretary shall prepare a brief summary 
report which--
            (1) evaluates the monitoring data;
            (2) identifies the unsatisfactory resource conditions and 
        the use or management activities contributing to such 
        conditions; and
            (3) makes recommendations for any modifications to 
        management activities, or permit or lease terms and conditions 
        necessary to meet management objectives.
    (b) The Secretary shall make copies of the summary report available 
to the permittee or lessee, and affected interests, and shall allow for 
a 30-day comment period to coincide with the 30-day time period 
provided in section 155. At the end of such comment period, the 
Secretary shall review all comments, and as the Secretary deems 
necessary, modify management activities, and pursuant to section 134, 
the permit or lease terms and conditions.
    (c) If the Secretary determines that available monitoring data are 
insufficient to make recommendations pursuant to subsection (a)(3), the 
Secretary shall establish a reasonable schedule to gather sufficient 
data pursuant to section 123. Insufficient monitoring data shall not be 
grounds for the Secretary to refuse to issue, renew or transfer a 
grazing permit or lease, or to terminate or modify the terms and 
conditions of an existing grazing permit or lease.

           Subtitle B--Qualifications and Grazing Preferences

SEC. 111. SPECIFYING GRAZING PREFERENCE.

    (a) In General.--A grazing permit or lease shall specify--
            (1) a historical grazing preference;
            (2) active use, based on the amount of forage available for 
        livestock grazing established in the land use plan;
            (3) suspended use; and
            (4) voluntary and temporary nonuse.
    (b) Attachment of Grazing Preference.--A grazing preference 
identified in a grazing permit or lease shall attach to the base 
property supporting the grazing permit or lease.
    (c) Attachment of Animal Unit Months.--The animal unit months of a 
grazing preference shall attach to--
            (1) the acreage of land base property on a pro rata basis; 
        or
            (2) water base property on the basis of livestock forage 
        production within the service area of the water.

                     Subtitle C--Grazing Management

SEC. 121. ALLOTMENT MANAGEMENT PLANS.

    If the Secretary elects to develop or revise an allotment 
management plan for a given area, he shall do so in careful and 
considered consultation, cooperation, and coordination with the 
lessees, permittees, and landowners involved, the grazing advisory 
councils established pursuant to section 162, and any State or States 
having lands within the area to be covered by such allotment management 
plan. The Secretary shall provide for public participation in the 
development or revision of an allotment management plan as provided in 
section 155.

SEC. 122. RANGE IMPROVEMENTS.

    (a) Range Improvement Cooperative Agreements.--
            (1) In general.--The Secretary may enter into a cooperative 
        agreement with a permittee or lessee for the construction, 
        installation, modification, removal, or use of a permanent 
        range improvement or development of a rangeland to achieve a 
        management or resource condition objective.
            (2) Cost-sharing.--A range improvement cooperative 
        agreement shall specify how the costs or labor, or both, shall 
        be shared between the United States and the other parties to 
        the agreement.
            (3) Title.--
                    (A) In general.--Subject to valid existing rights, 
                title to an authorized structural range improvement 
                under a range improvement cooperative agreement shall 
                be shared by the cooperator(s) and the United States in 
                proportion to the value of the contributions (funding, 
                material, and labor) toward the initial cost of 
                construction.
                    (B) Value of federal land.--For the purpose of 
                subparagraph (A), only a contribution to the 
                construction, installation, or modification of a 
                permanent rangeland improvement itself, and not the 
                value of Federal land on which the improvement is 
                placed, shall be taken into account.
            (4) Nonstructural range improvements.--A range improvement 
        cooperative agreement shall ensure that the respective parties 
        enjoy the benefits of any nonstructural range improvement, such 
        as seeding, spraying, and chaining, in proportion to each 
        party's contribution to the improvement.
            (5) Incentives.--A range improvement cooperative agreement 
        shall contain terms and conditions that are designed to provide 
        a permittee or lessee an incentive for investing in range 
        improvements.
    (b) Range Improvement Permits.--
            (1) Application.--A permittee or lessee may apply for a 
        range improvement permit to construct, install, modify, 
        maintain, or use a range improvement that is needed to achieve 
        management objectives within the permittee's or lessee's 
        allotment.
            (2) Funding.--A permittee or lessee shall agree to provide 
        full funding for construction, installation, modification, or 
        maintenance of a range improvement covered by a range 
        improvement permit.
            (3) Authorized officer to issue.--A range improvement 
        permit shall be issued at the discretion of the authorized 
        officer.
            (4) Title.--Title to an authorized permanent range 
        improvement under a range improvement permit shall be in the 
        name of the permittee or lessee.
            (5) Control.--The use by livestock of stock ponds or wells 
        authorized by a range improvement permit shall be controlled by 
        the permittee or lessee holding a range improvement permit.
    (c) Assignment of Range Improvements.--An authorized officer shall 
not approve the transfer of a grazing preference, or approve use by the 
transferee of existing range improvements unless the transferee has 
agreed to compensate the transferor for the transferor's interest in 
the authorized permanent improvements within the allotment as of the 
date of the transfer.

SEC. 123. MONITORING AND INSPECTION.

    (a) Monitoring.--Monitoring of resource condition and trend of 
Federal land on an allotment shall be performed by qualified persons 
approved by the Secretary, including but not limited to Federal, State, 
or local government personnel, consultants, and grazing permittees or 
lessees.
    (b) Inspection.--Inspection of a grazing allotment shall be 
performed by qualified Federal, State or local agency personnel, or 
qualified consultants retained by the United States.
    (c) Monitoring Criteria and Protocols.--Rangeland monitoring shall 
be conducted according to regional or State criteria and protocols that 
are scientifically based. Criteria and protocols shall be developed by 
the Secretary in consultation with the Resource Advisory Councils 
established in section 161, State departments of agriculture and other 
appropriate State agencies, and academic institutions in each 
interested State.
    (d) Oversight.--The authorized officer shall provide sufficient 
oversight to ensure that all monitoring is conducted in accordance with 
criteria and protocols established pursuant to subsection (c).
    (e) Notice.--In conducting monitoring activities, the Secretary 
shall provide reasonable notice of such activities to permittees or 
lessees, including prior notice to the extent practicable of not less 
than 48 hours. Prior notice shall not be required for the purposes of 
inspections, if the authorized officer has substantial grounds to 
believe that a violation of this or any other Act is occurring on the 
allotment.

SEC. 124. WATER RIGHTS.

    (a) In General.--No water rights on Federal land shall be acquired, 
perfected, owned, controlled, maintained, administered, or transferred 
in connection with livestock grazing management other than in 
accordance with State law concerning the use and appropriation of water 
within the State.
    (b) State Law.--In managing livestock grazing on Federal land, the 
Secretary shall follow State law with regard to water right ownership 
and appropriation.
    (c) Authorized Use or Transport.--The Secretary cannot require 
permittees or lessees to transfer or relinquish all or a portion of 
their water right to another party, including but not limited to the 
United States, as a condition to granting a grazing permit or lease, 
range improvement cooperative agreement or range improvement permit.
    (d) Rule of Construction.--Nothing in this title shall be construed 
to create an expressed or implied reservation of water rights in the 
United States.
    (e) Valid Existing Rights.--Nothing in this Act shall affect valid 
existing water rights.

                Subtitle D--Authorization of Grazing Use

SEC. 131. GRAZING PERMITS OR LEASES.

    (a) Terms.--A grazing permit or lease shall be issued for a term of 
12 years unless--
            (1) the land is pending disposal;
            (2) the land will be devoted to a public purpose that 
        precludes grazing prior to the end of 12 years; or
            (3) the Secretary determines that it would be in the best 
        interest of sound land management to specify a shorter term, if 
        the decision to specify a shorter term is supported by 
        appropriate and accepted resource analysis and evaluation, and 
        a shorter term is determined to be necessary, based upon 
        monitoring information, to achieve resource condition goals and 
        management objectives.
    (b) Renewal.--A permittee or lessee holding a grazing permit or 
lease shall be given first priority at the end of the term for renewal 
of the grazing permit or lease if--
            (1) the land for which the grazing permit or lease is 
        issued remains available for domestic livestock grazing;
            (2) the permittee or lessee is in compliance with this 
        title and the terms and conditions of the grazing permit or 
        lease; and
            (3) the permittee or lessee accepts the terms and 
        conditions included by the authorized officer in the new 
        grazing permit or lease.

SEC. 132. SUBLEASING.

    (a) In General.--The Secretary shall only authorize subleasing of a 
Federal grazing permit or lease, in whole or in part--
            (1) if the permittee or lessee is unable to make full 
        grazing use due to ill health or death; or
            (2) under a cooperative agreement with a grazing permittee 
        or lessee (or group of grazing permittees or lessees), pursuant 
        to section 105(b).
    (b) Considerations.--
            (1) Livestock owned by a spouse, child, or grandchild of a 
        permittee or lessee shall be considered as owned by the 
        permittee or lessee for the sole purposes of this title.
            (2) Leasing or subleasing of base property, in whole or in 
        part, shall not be considered as subleasing of a Federal 
        grazing permit or lease: Provided, That the grazing preference 
        associated with such base property is transferred to the person 
        controlling the leased or subleased base property.

SEC. 133. OWNERSHIP AND IDENTIFICATION OF LIVESTOCK.

    (a) In General.--A permittee or lessee shall own or control and be 
responsible for the management of the livestock that graze the Federal 
land under a grazing permit or lease.
    (b) Marking or Tagging.--An authorized officer shall not impose any 
marking or tagging requirement in addition to the requirement under 
State law.

SEC. 134. TERMS AND CONDITIONS.

    (a) In General.--
            (1) The authorized officer shall specify the kind and 
        number of livestock, the period(s) of use, the allotment(s) to 
        be used, and the amount of use (stated in animal unit months) 
        in a grazing permit or lease.
            (2) A grazing permit or lease shall be subject to such 
        other reasonable terms or conditions as may be necessary to 
        achieve the objectives of this title, or as contained in an 
        approved allotment management plan.
            (3) No term or condition of a grazing permit or lease shall 
        be imposed pertaining to past practice or present willingness 
        of an applicant, permittee or lessee to relinquish control of 
        public access to Federal land across private land.
            (4) The authorized officer shall ensure that a grazing 
        permit or lease will be consistent with appropriate standards 
        and guidelines developed pursuant to section 105 as are 
        appropriate to the permit or lease.
    (b) Modification.--Following careful and considered consultation, 
cooperation, and coordination with permittees and lessees, an 
authorized officer shall modify the terms and conditions of a grazing 
permit or lease if monitoring data show that the grazing use is not 
meeting the management objectives established in a land use plan or 
allotment management plan, and if modification of such terms and 
conditions is necessary to meet specific management objectives.

SEC. 135. FEES AND CHARGES.

    (a) Grazing Fees.--The fee for each animal unit month in a grazing 
fee year to be determined by the Secretary shall be equal to the three-
year average of the total gross value of production for beef cattle for 
the three years preceding the grazing fee year, multiplied by the 10-
year average of the United States Treasury Securities 6-month bill 
``new issue'' rate, and divided by 12. The gross value of production 
for beef cattle shall be determined by the Economic Research Service of 
the Department of Agriculture in accordance with subsection (e)(1).
    (b) Definition of Animal Unit Month.--For the purposes of billing 
only, the term ``animal unit month'' means one month's use and 
occupancy of range by--
            (1) one cow, bull, steer, heifer, horse, burro, or mule, 
        seven sheep, or seven goats, each of which is six months of age 
        or older on the date on which the animal begins grazing on 
        Federal land;
            (2) any such animal regardless of age if the animal is 
        weaned on the date on which the animal begins grazing on 
        Federal land; and
            (3) any such animal that will become 12 months of age 
        during the period of use authorized under a grazing permit or 
        lease.
    (c) Livestock Not Counted.--There shall not be counted as an animal 
unit month the use of Federal land for grazing by an animal that is 
less than six months of age on the date on which the animal begins 
grazing on Federal land and is the natural progeny of an animal on 
which a grazing fee is paid if the animal is removed from the Federal 
land before becoming 12 months of age.
    (d) Other Fees and Charges.--
            (1) Crossing permits, transfers, and billing notices.--A 
        service charge shall be assessed for each crossing permit, 
        transfer of grazing preference, and replacement or supplemental 
        billing notice except in a case in which the action is 
        initiated by the authorized officer.
            (2) Amount of flpma fees and charges.--The fees and charges 
        under section 304(a) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1734(a)) shall reflect processing costs 
        and shall be adjusted periodically as costs change.
            (3) Notice of change.--Notice of a change in a service 
        charge shall be published in the Federal Register.
    (e) Criteria for ERS.--
            (1) The Economic Research Service of the Department of 
        Agriculture shall continue to compile and report the gross 
        value of production of beef cattle, on a dollars-per-bred-cow 
        basis for the United States, as is currently published by the 
        Service in: ``Economic Indicators of the Farm Sector: Cost of 
        Production--Major Field Crops and Livestock and Dairy'' (Cow-
        calf production cash costs and returns).
            (2) For the purposes of determining the grazing fee for a 
        given grazing fee year, the gross value of production (as 
        described above) for the previous calendar year shall be made 
        available to the Secretary of the Interior and the Secretary of 
        Agriculture, and published in the Federal Register, on or 
        before February 15 of each year.

SEC. 136. USE OF STATE SHARE OF GRAZING FEES.

    Section 10 of the Act of June 28, 1934 (commonly known as the 
``Taylor Grazing Act'') (43 U.S.C. 315i) is amended--
            (1) in subsection (a), by striking ``for the benefit of'' 
        and inserting ``in a manner that will result in direct benefit 
        to, improved access to, or more effective management of the 
        rangeland resources in'';
            (2) at the end of subsection (a), by striking ``;'' and 
        inserting ``: Provided further, that no such moneys shall be 
        expended for litigation purposes;'';
            (3) in subsection (b), by striking ``for the benefit of'' 
        and inserting ``in a manner that will result in direct benefit 
        to, improved access to, or more effective management of the 
        rangeland resources in'';
            (4) at the end of subsection (b), by striking ``.'' and 
        inserting ``: Provided further, That no such moneys shall be 
        expended for litigation purposes.''.

                  Subtitle E--Unauthorized Grazing Use

SEC. 141. NONMONETARY SETTLEMENT.

    An authorized officer may approve a nonmonetary settlement of a 
case of a violation described in section 141 if the authorized officer 
determines that each of the following conditions is satisfied:
            (1) No fault.--Evidence shows that the unauthorized use 
        occurred through no fault of the livestock operator.
            (2) Insignificance.--The forage use is insignificant.
            (3) No damage.--Federal land has not been damaged.
            (4) Best interests.--Nonmonetary settlement is in the best 
        interests of the United States.

SEC. 142. IMPOUNDMENT AND SALE.

    Any impoundment and sale of unauthorized livestock on Federal land 
shall be conducted in accordance with State law.

                         Subtitle F--Procedure

SEC. 151. PROPOSED DECISIONS.

    (a) Service on Applicants, Permittees, Lessees, and Lienholders.--
The authorized officer shall serve, by certified mail or personal 
delivery, a proposed decision on any applicant, permittee, lessee, or 
lienholder (or agent of record of the applicant, permittee, lessee, or 
lienholder) that is affected by--
            (1) a proposed action on an application for a grazing 
        permit or lease, or range improvement permit; or
            (2) a proposed action relating to a term or condition of a 
        grazing permit or lease, or a range improvement permit.
    (b) Notification of Affected Interests.--The authorized officer 
shall send copies of a proposed decision to affected interests.
    (c) Contents.--A proposed decision described in subsection (a) 
shall--
            (1) state reasons for the action, including reference to 
        applicable law (including regulations);
            (2) be based upon, and supported by rangeland studies, 
        where appropriate; and
            (3) state that any protest to the proposed decision must be 
        filed not later than 30 days after service.

SEC. 152. PROTESTS.

    An applicant, permittee, or lessee may protest a proposed decision 
under section 151 in writing to the authorized officer within 30 days 
after service of the proposed decision.

SEC. 153. FINAL DECISIONS.

    (a) No Protest.--In the absence of a timely filed protest, a 
proposed decision described in section 151(a) shall become the final 
decision of the authorized officer without further notice.
    (b) Reconsideration.--If a protest is timely filed, the authorized 
officer shall reconsider the proposed decision in light of the 
protestant's statement of reasons for protest and in light of other 
information pertinent to the case.
    (c) Service and Notification.--After reviewing the protest, the 
authorized officer shall serve a final decision on the parties to the 
proceeding, and notify affected interests of the final decision.

SEC. 154. APPEALS.

    (a) In General.--Any person whose interest is adversely affected by 
a final decision of an authorized officer, within the meaning of 
section 702 of title 5, United States Code, may appeal the decision 
within 30 days after the receipt of the decision, or within 60 days 
after the receipt of a proposed decision if further notice of a final 
decision is not required under this title, pursuant to applicable laws 
and regulations governing the administrative appeals process of the 
agency serving the decision. Being an affected interest as described in 
section 104(3) shall not in and of itself confer standing to appeal a 
final decision upon any individual or organization.
    (b) Suspension Pending Appeal.--
            (1) In general.--An appeal of a final decision shall 
        suspend the effect of the decision pending final action on the 
        appeal unless the decision is made effective pending appeal 
        under paragraph (2).
            (2) Effectiveness pending appeal.--The authorized officer 
        may place a final decision in full force and effect in an 
        emergency to stop resource deterioration or economic distress, 
        if the authorized officer has substantial grounds to believe 
        that resource deterioration or economic distress is imminent. 
        Full force and effect decisions shall take effect on the date 
        specified, regardless of an appeal.
    (c) In the case of an appeal under this section, the authorized 
officer shall, within 30 days of receipt, forward the appeal, all 
documents and information submitted by the applicant, permittee, 
lessee, or lienholder, and any pertinent information that would be 
useful in the rendering of a decision on such appeal, to the 
appropriate authority responsible for issuing the final decision on the 
appeal.

SEC. 155. PUBLIC PARTICIPATION AND CONSULTATION.

    (a) General Public.--The Secretary shall provide for public 
participation, including a reasonable opportunity to comment, on--
            (1) land use plans and amendments thereto; and
            (2) development of standards and guidelines to provide 
        guidance and direction for Federal land managers in the 
        performance of their assigned duties.
    (b) Affected Interests.--At least 30 days prior to the issuance of 
a final decision, the Secretary shall notify affected interests of such 
proposed decision, and provide a reasonable opportunity for comment and 
informal consultation regarding the proposed decision within such 30-
day period, for--
            (1) the designation or modification of allotment 
        boundaries;
            (2) the development, revision, or termination of allotment 
        management plans;
            (3) the increase or decrease of permitted use;
            (4) the issuance, renewal, or transfer of grazing permits 
        or leases;
            (5) the modification of terms and conditions of permits or 
        leases;
            (6) reports evaluating monitoring data for a permit or 
        lease; and
            (7) the issuance of temporary non-renewable use permits.

                    Subtitle G--Advisory Committees

SEC. 161. RESOURCE ADVISORY COUNCILS.

    (a) Establishment.--The Secretary of Agriculture and the Secretary 
of the Interior, in consultation with the Governors of the affected 
States, shall establish and operate joint Resource Advisory Councils on 
a State or regional level to provide advice on management issues for 
all lands administered by the Bureau of Land Management and the Forest 
Service within such State or regional area, except where the 
Secretaries determine that there is insufficient interest in 
participation on a council to ensure that membership can be fairly 
balanced in terms of the points of view represented and the functions 
to be performed.
    (b) Duties.--Each Resource Advisory Council shall advise the 
Secretaries and appropriate State officials on--
            (1) matters regarding the preparation, amendment, and 
        implementation of land use and activity plans for public lands 
        and resources within its area; and
            (2) major management decisions while working within the 
        broad management objectives established for the district or 
        national forest.
    (c) Disregard of Advice.--
            (1) Request for response.--If a Resource Advisory Council 
        becomes concerned that its advice is being arbitrarily 
        disregarded, the Resource Advisory Council may, by majority 
        vote of its members, request that the Secretaries respond 
        directly to the Resource Advisory Council's concerns within 60 
        days after the Secretaries receive the request.
            (2) Effect of response.--The response of the Secretaries to 
        a request under paragraph (1) shall not--
                    (A) constitute a decision on the merits of any 
                issue that is or might become the subject of an 
                administrative appeal; or
                    (B) be subject to appeal.
    (d) Membership.--
            (1) The Secretaries, in consultation with the Governor of 
        the affected State or States, shall appoint the members of each 
        Resource Advisory Council. A council shall consist of not less 
        than nine members and not more than fifteen members.
            (2) In appointing members to a Resource Advisory Council, 
        the Secretaries shall provide for balanced and broad 
        representation from among various groups, including but not 
        limited to, permittees and lessees, other commercial interests, 
        recreational users, representatives of recognized local 
        environmental or conservation organizations, educational, 
        professional, or academic interests, representatives of State 
        and local government or governmental agencies, Indian tribes, 
        and other members of the affected public.
            (3) The Secretaries shall appoint at least one elected 
        official of general purpose government serving the people of 
        the area of each Resource Advisory Council.
            (4) No person may serve concurrently on more than one 
        Resource Advisory Council.
            (5) Members of a Resource Advisory Council must reside in 
        one of the States within the geographic jurisdiction of the 
        council.
    (e) Subgroups.--A Resource Advisory Council may establish such 
subgroups as the council deems necessary, including but not limited to 
working groups, technical review teams, and rangeland resource groups.
    (f) Terms.--Resource Advisory Council members shall be appointed 
for two-year terms. Members may be appointed to additional terms at the 
discretion of the Secretaries.
    (g) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this subtitle, the Federal Advisory Committee Act 
shall apply to the Resource Advisory Councils established under this 
section.
    (h) Other FLPMA Advisory Councils.--Nothing in this section shall 
be construed as modifying the authority of the Secretaries to establish 
other advisory councils under section 309 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1739).
    (i) State Grazing Districts.--Resource Advisory Councils shall 
coordinate and cooperate with State Grazing Districts established 
pursuant to State law.

SEC. 162. GRAZING ADVISORY COUNCILS.

    (a) Establishment.--The Secretary, in consultation with the 
Governor of the affected State and with affected counties, shall 
appoint not fewer than five nor more than nine persons to serve on a 
Grazing Advisory Council for each district and each national forest 
within the 16 contiguous Western States having jurisdiction over more 
than 500,000 acres of public lands subject to commercial livestock 
grazing. The Secretaries may establish joint Grazing Advisory Councils 
wherever practicable.
    (b) Duties.--The duties of Grazing Advisory Councils established 
pursuant to this section shall be to provide advice to the Secretary 
concerning management issues directly related to the grazing of 
livestock on public lands, including--
            (1) range improvement objectives;
            (2) the expenditure of range improvement or betterment 
        funds under the Public Rangelands Improvement Act of 1978 (43 
        U.S.C. 1901 et seq.) or the Taylor Grazing Act (43 U.S.C. 315 
        et seq.);
            (3) developing and implementation of grazing management 
        programs; and
            (4) range management decisions and actions at the allotment 
        level.
    (c) Disregard of Advice.--
            (1) Request for response.--If a Grazing Advisory Council 
        becomes concerned that its advice is being arbitrarily 
        disregarded, the Grazing Advisory Council may, by unanimous 
        vote of its members, request that the Secretary respond 
        directly to the Grazing Advisory Council's concerns within 60 
        days after the Secretary receives the request.
            (2) Effect of response.--The response of the Secretary to a 
        request under paragraph (1) shall not--
                    (A) constitute a decision on the merits of any 
                issue that is or might become the subject of an 
                administrative appeal; or
                    (B) be subject to appeal.
    (d) Membership.--The members of a Grazing Advisory Council 
established pursuant to this section shall represent permittees, 
lessees, affected landowners, social and economic interests within the 
district or national forest, and elected State or county officers. All 
members shall have a demonstrated knowledge of grazing management and 
range improvement practices appropriate for the region, and shall be 
residents of a community within or adjacent to the district or national 
forest, or control a permit or lease within the same area. Members 
shall be appointed by the Secretary for a term of two years, and may be 
appointed for additional consecutive terms. The membership of Grazing 
Advisory Councils shall be equally divided between permittees or 
lessees, and other interests: Provided, That one elected State or 
county officer representing the people of an area within the district 
or national forest shall be appointed to create an odd number of 
members: Provided further, That permittees or lessees appointed as 
members of each Grazing Advisory Council shall be recommended to the 
Secretary by the permittees or lessees of the district or national 
forest through an election conducted under rules and regulations 
prescribed by the Secretary.
    (e) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this subtitle, the Federal Advisory Committee Act 
shall apply to the Grazing Advisory Councils established pursuant to 
this section.
    (f) State Grazing Districts.--Grazing Advisory Councils shall 
coordinate and cooperate with State Grazing Districts established 
pursuant to State law.

SEC. 163. GENERAL PROVISIONS.

    (a) Definition of District.--For the purposes of this subtitle, the 
term ``district'' means--
            (1) a grazing district administered under section 3 of the 
        Act of June 28, 1934 (commonly known as the ``Taylor Grazing 
        Act'') (48 Stat. 1270, chapter 865; 43 U.S.C. 315b); or
            (2) other lands within a State boundary which are eligible 
        for grazing pursuant to section 15 of the Act of June 28, 1934 
        (commonly known as the ``Taylor Grazing Act'') (48 Stat. 1270, 
        chapter 865; 43 U.S.C. 315m).
    (b) Termination of Service.--The Secretary may, after written 
notice, terminate the service of a member of an advisory committee if--
            (1) the member--
                    (A) no longer meets the requirements under which 
                appointed;
                    (B) fails or is unable to participate regularly in 
                committee work; or
                    (C) has violated Federal law (including a 
                regulation); or
            (2) in the judgment of the Secretary, termination is in the 
        public interest.
    (c) Compensation and Reimbursement of Expenses.--A member of an 
advisory committee established under sections 161 and 162 shall not 
receive any compensation in connection with the performance of the 
member's duties as a member of the advisory committee, but shall be 
reimbursed for travel and per diem expenses only while on official 
business, as authorized by section 5703 of title 5, United States Code.

SEC. 164. CONFORMING AMENDMENT AND REPEAL.

    (a) Amendment.--The third sentence of section 402(d) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)) is amended 
by striking ``district grazing advisory boards established pursuant to 
section 403 of the Federal Land Policy and Management Act (43 U.S.C. 
1753)'' and inserting ``Resource Advisory Councils and Grazing Advisory 
Councils established under section 161 and section 162 of the Public 
Rangelands Management Act of 1996''.
    (b) Repeal.--Section 403 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1753) is repealed.

                          Subtitle H--Reports

SEC. 171. REPORTS.

    (a) In General.--Not later than March 1, 1997, and annually 
thereafter, the Secretaries shall submit to Congress a report that 
contains--
            (1) an itemization of revenues received and costs incurred 
        directly in connection with the management of grazing on 
        Federal land; and
            (2) recommendations for reducing administrative costs and 
        improving the overall efficiency of Federal rangeland 
        management.
    (b) Itemization.--If the itemization of costs under subsection 
(a)(1) includes any costs incurred in connection with the 
implementation of any law other than a statute cited in section 102, 
the Secretaries shall indicate with specificity the costs associated 
with implementation of each such statute.

              Title II--Management of National Grasslands

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Grasslands Management Act 
of 1996''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the inclusion of the National Grasslands within the 
        National Forest System has prevented the Secretary of 
        Agriculture from effectively administering and promoting 
        grassland agriculture on National Grasslands as originally 
        intended under the Bankhead-Jones Farm Tenant Act;
            (2) the National Grasslands can be more effectively managed 
        by the Secretary of Agriculture if administered as a separate 
        entity outside of the National Forest System; and
            (3) a grazing program on National Grasslands can be 
        responsibly carried out while protecting and preserving 
        sporting, recreational, environmental, and other multiple uses 
        of the National Grasslands.
    (b) Purpose.--The purpose of this title is to provide for improved 
management and more efficient administration of grazing activities on 
National Grasslands while preserving and protecting multiple uses of 
such lands, including but not limited to preserving sportmen's hunting 
and fishing and other recreational activities, and protecting wildlife 
habitat in accordance with applicable laws.

SEC. 203. DEFINITIONS.

    As used in this title, the term--
            (1) ``National Grasslands'' means those areas managed as 
        National Grasslands by the Secretary of Agriculture under title 
        III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012) 
        on the day before the date of enactment of this title; and
            (2) ``Secretary'' means the Secretary of Agriculture.

SEC. 204. REMOVAL OF NATIONAL GRASSLANDS FROM NATIONAL FOREST SYSTEM.

    Section 11(a) of the Forest Rangeland Renewable Resource Planning 
Act of 1974 (16 U.S.C. 1609(a)) is amended by striking the phrase ``the 
national grasslands and land utilization projects administered under 
title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 
1010-1012),''.

SEC. 205. MANAGEMENT OF NATIONAL GRASSLANDS.

    (a) In General.--The Secretary, acting through the Chief of the 
Forest Service, shall manage the National Grasslands as a separate 
entity in accordance with this title and the provisions and multiple 
use purposes of title III of the Bankhead-Jones Farm Tenant Act (7 
U.S.C. 1010-1012).
    (b) Consultation.--The Secretary shall provide timely opportunities 
for consultation and cooperation with interested State and local 
government entities, and other interested individuals and organizations 
in the development and implementation of land use policies and plans, 
and land conservation programs for the National Grasslands.
    (c) Grazing Activities.--In furtherance of the purposes of this 
title, the Secretary shall administer grazing permits and implement 
grazing management decisions in consultation, cooperation, and 
coordination with local grazing associations and other grazing permit 
holders.
    (d) Regulations.--The Secretary shall promulgate regulations to 
manage and protect the National Grasslands, taking into account the 
unique characteristics of the National Grasslands and grasslands 
agriculture conducted under the Bankhead-Jones Farm Tenant Act (7 
U.S.C. 1010). Such regulations shall facilitate the efficient 
administration of grazing and provide protection for the environment, 
wildlife, wildlife habitat, and Federal lands equivalent to that on the 
National Grasslands on the day prior to the date of enactment of this 
Act.
    (e) Conforming Amendment to Bankhead-Jones Act.--Section 31 of the 
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is amended to read as 
follows:
    ``To accomplish the purposes of title III of this Act, the 
Secretary is authorized and directed to develop a separate program of 
land conservation and utilization for the National Grasslands, in order 
thereby to correct maladjustments in land use, and thus assist in 
promoting grassland agriculture and secure occupancy and economic 
stability of farms and ranches, controlling soil erosion, 
reforestation, preserving and protecting natural resources, protecting 
fish and wildlife and their habitat, developing and protecting 
recreational opportunities and facilities, mitigating floods, 
preventing impairment of dams and reservoirs, developing energy 
resources, conserving surface and subsurface moisture, protecting the 
watersheds of navigable streams, and protecting the public lands, 
health, safety and welfare, but not to build industrial parks or 
commercial enterprises.''.
    (f) Sportsmen's Hunting and Fishing, and Other Recreational 
Activities.--Nothing in this title shall be construed as limiting or 
precluding sportsmen's hunting or fishing activities on National 
Grasslands in accordance with applicable Federal and State laws, nor 
shall appropriate recreational activities be limited or precluded.
    (g) Valid Existing Rights.--
            (1) In General.--Nothing in this title shall affect valid 
        existing rights, reservations, agreements, or authorizations. 
        Section 1323(a) of Public Law 96-487 shall continue to apply to 
        non-Federal land and interests therein within the boundaries of 
        the National Grasslands.
            (2) Interim Use and Occupancy.--
                    (A) Until such time as regulations concerning the 
                use and occupancy of the National Grasslands are 
                promulgated pursuant to this title, the Secretary shall 
                regulate the use and occupancy of such lands in 
                accordance with regulations applicable to such lands on 
                May 25, 1995, to the extent practicable and consistent 
                with the provisions of this Act.
                    (B) Any applications for National Grasslands use 
                and occupancy authorizations submitted prior to the 
                date of enactment of this Act, shall continue to be 
                processed without interruption and without reinitiating 
                any processing activity already completed or begun 
                prior to such date.

SEC. 206. FEES AND CHARGES.

    Fees and charges for grazing on the National Grasslands shall be 
determined in accordance with section 135, except that the Secretary 
may adjust the amount of a grazing fee to compensate for approved 
conservation practices expenditures.

            Passed the Senate March 21, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1459

_______________________________________________________________________

                                 AN ACT

To provide for uniform management of livestock grazing on Federal land, 
                        and for other purposes.

S 1459 ES----2
S 1459 ES----3
S 1459 ES----4
S 1459 ES----5