[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 852 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 852

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 25 (legislative day, May 15), 1995

  Mr. Domenici (for himself, Mr. Craig, Mr. Brown, Mr. Campbell, Mr. 
 Hatch, Mr. Bennett, Mr. Burns, Mr. Simpson, Mr. Thomas, Mr. Kyl, Mr. 
  Pressler, Mr. Kempthorne, Mr. Conrad, Mr. Dorgan, Mr. Dole, and Mr. 
Gramm) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Livestock Grazing 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND

                     Subtitle A--General Provisions

Sec. 101. Findings.
Sec. 102. Application of title.
Sec. 103. Objective.
Sec. 104. Definitions.
Sec. 105. Fundamentals of rangeland health.
Sec. 106. Land use plans.
Sec. 107. Rule of construction.
           Subtitle B--Qualifications and Grazing Preferences

Sec. 111. Mandatory qualifications.
Sec. 112. Acquired land.
Sec. 113. Grazing preferences.
Sec. 114. Changes in grazing preference status.
Sec. 115. Changes in Federal land acreage.
                     Subtitle C--Grazing Management

Sec. 121. Allotment management plans.
Sec. 122. Range improvements.
Sec. 123. Water rights.
Sec. 124. Management of grazing on land under the jurisdiction of other 
                            departments and agencies.
                Subtitle D--Authorization of Grazing Use

Sec. 131. Applications.
Sec. 132. Grazing permits or grazing leases.
Sec. 133. Free-use grazing permits.
Sec. 134. Other grazing authorizations.
Sec. 135. Ownership and identification of livestock.
Sec. 136. Terms and conditions.
Sec. 137. Fees and charges.
Sec. 138. Pledge of grazing permits or grazing leases as security for 
                            loans.
        Subtitle E--Civil Violations and Failures of Compliance

Sec. 141. Civil violations and failures of compliance.
                  Subtitle F--Unauthorized Grazing Use

Sec. 151. Liability for damages.
Sec. 152. Notice and order to remove.
Sec. 153. Settlement.
Sec. 154. Impoundment and sale.
                         Subtitle G--Procedure

Sec. 161. Proposed decisions.
Sec. 162. Protests.
Sec. 163. Final decisions.
Sec. 164. Appeals.
                    Subtitle H--Advisory Committees

Sec. 171. Purpose.
Sec. 172. Objective.
Sec. 173. Relation to other law.
Sec. 174. Policy.
Sec. 175. General provisions.
Sec. 176. Resource advisory councils.
Sec. 177. Grazing advisory councils.
Sec. 178. Meetings.
Sec. 179. Conforming amendment and repeal.
                          Subtitle I--Reports

Sec. 181. Reports.
                          TITLE II--GRASSLAND

Sec. 201. Removal of grasslands from National Forest system.
SEC. 2. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments and repeals made by 
this Act shall become effective on March 1, 1996.
    (b) Interim Provision.--Until the effective date specified in 
subsection (a), management of livestock grazing on Federal land shall 
be conducted in accordance with the law (including regulations) in 
effect on May 18, 1995.

             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND

                     Subtitle A--General Provisions

SEC. 101. FINDINGS.

    (a) Findings.--Congress finds that--
            (1) 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;
            (2) as a further consequence of those efforts, populations 
        of big game and wildlife are increasing and stabilizing across 
        vast areas of the West;
            (3) further efforts to assist in developing and nurturing 
        that cooperation at all levels of government are important, and 
        those efforts will provide long-term benefits to the Nation's 
        rangelands and their related resources;
            (4) to promote the economic, cultural, and social well 
        being of western States, rural communities in the western 
        States, and the western livestock industry, it is in the public 
        interest to charge a fee for livestock grazing permits and 
        grazing 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;
            (5) opportunities exist for improving efficiency in the 
        administration of the range programs on Federal land, and those 
        opportunities should be pursued with goals of--
                    (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;
            (6) 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;
            (7) incentives for greater local input into the management 
        of the public rangelands as well as incentives to encourage 
        private investment in improvement of the public rangelands will 
        assist in those efforts and are in the best interests of the 
        United States;
            (8) the western livestock industry that relies on Federal 
        land plays an important and integral role in maintaining and 
        preserving the social, economic, and cultural base of rural 
        communities in the western States and further plays an 
        important and integral role in the economies of the 16 western 
        States in which rangelands managed by the Secretary are 
        situated;
            (9) maintaining the economic viability of the western 
        livestock industry is essential to maintaining open space and 
        habitat for big game, wildlife, and fish, but currently there 
        are pressures to sell the base property of the Federal land 
        ranches for subdivision or other development, which would 
        reduce or remove the available open space and fish and wildlife 
        habitat; and
            (10) since the enactment of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary 
        has been charged with developing land use plans that are 
        consistent with land use plans adopted by State, local, and 
        tribal governments, but to date the planning efforts have not 
        produced land use plans for Federal land that is in fact 
        consistent with State, local, or tribal planning.
    (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.

    Except as provided in section 137(d), 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.);
                    (D) title III of the Bankhead-Jones Farm Tenant Act 
                (7 U.S.C. 1010 et seq.); and
                    (E) any other law; and
            (2) the Secretary on behalf of the head of another 
        department or agency under a memorandum of understanding under 
        section 124.

SEC. 103. OBJECTIVE.

    The objective of this Act is to achieve--
            (1) orderly use, improvement, and development of Federal 
        land;
            (2) enhancement of productivity of Federal land by 
        conservation of forage resources and reduction of soil erosion 
        and by proper management of other resources such as by control 
        of woody species invasion;
            (3) stabilization of the livestock industry dependent on 
        the public rangeland;
            (4) performance of an inventory and categorization of 
        public rangelands on the basis of range conditions and trends; 
        and
            (5) consideration of wildlife populations and habitat,
consistent with land-use plans, multiple-use, sustained yield, 
environmental values, and economic and other objectives stated in the 
Acts cited in section 102.

SEC. 104. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Active use.--The term ``active use'' means the amount 
        of authorized livestock grazing use that is being made at any 
        time.
            (2) Actual use.--The term ``actual use'' means the places 
        at which, the number and kinds or classes of, and the length of 
        time that livestock graze on an allotment.
            (3) Actual use report.--The term ``actual use report'' 
        means a report of the actual livestock grazing use submitted by 
        a permittee or lessee.
            (4) Affected interest.--The term ``affected interest'' 
        means an individual or organization that--
                    (A) has expressed in writing to an authorized 
                officer concern for the management of livestock grazing 
                on a specific grazing allotment and has provided 
                substantiated evidence that the management of the 
                public lands will affect the individual or 
                organization; and
                    (B) has been determined by an authorized officer to 
                be an affected interest.
            (5) Allotment.--The term ``allotment'' means an area of 
        designated Federal land that includes management for grazing of 
        livestock.
            (6) Allotment management plan.--The term ``allotment 
        management plan''--
                    (A) means a documented program that applies to 
                livestock grazing on an allotment; and
                    (B) includes such a documented plan that is 
                included in an activity plan that governs grazing as 
                well as other activities on Federal land.
            (7) Animal unit month.--
                    (A) State definition.--With respect to grazing on 
                Federal land in a State that charges a fee for grazing 
                on State land based on a formula in which one of the 
                factors is an animal unit month, the term ``animal unit 
                month'' has the meaning established under State law.
                    (B) No state definition.--
                            (i) In general.--Subject to clause (ii), 
                        with respect to grazing on Federal land in a 
                        State other than a State described in 
                        subparagraph (A), the term ``animal unit 
                        month'' means 1 month's use and occupancy of 
                        range by--
                                    (I) 1 cow, bull, steer, heifer, 
                                horse, burro, or mule, 7 sheep, or 7 
                                goats, each of which is 6 months of age 
                                or older on the date on which the 
                                animal begins grazing on Federal land;
                                    (II) any such animal regardless of 
                                age if the animal is weaned on the date 
                                on which the animal begins grazing on 
                                Federal land; and
                                    (III) any such animal that will 
                                become 12 months of age during the 
                                period of use authorized under a 
                                grazing permit or grazing lease.
                            (ii) Livestock not counted.--There shall 
                        not be counted as an animal unit month the use 
                        of Federal land for grazing by--
                                    (I) an animal that is less than 6 
                                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; or
                                    (II) an animal that is progeny, 
                                born during the period of use 
                                authorized under a grazing permit or 
                                grazing lease, of an animal on which a 
                                grazing fee is paid.
            (8) 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.
            (9) Base property.--The term ``base property'' means--
                    (A) 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; and
                    (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.
            (10) Cancel; cancellation.--The terms ``cancel'' and 
        ``cancellation'' refer to a permanent termination, in whole or 
        in part, of--
                    (A) a grazing permit or grazing lease and grazing 
                preference; or
                    (B) a free-use grazing permit or other grazing 
                authorization.
            (11) Class.--The term ``class'', in reference to livestock, 
        refers to the age and sex of a group of livestock.
            (12) Consultation, cooperation, and coordination.--The term 
        ``consultation, cooperation, and coordination'' has the meaning 
        stated in section 402(d) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1752(d)), as amended.
            (13) Control.--The term ``control'', in reference to base 
        property or livestock, means responsibility for providing care 
        and management of base property or livestock.
            (14) Federal land.--The term ``Federal land''--
                    (A) means land or an interest in land outside the 
                State of Alaska that is owned by the United States and 
                administered by the Secretary of the Interior, acting 
                through the Director of the Bureau of Land Management; 
                but
                    (B) does not include land held for the benefit of 
                Indians.
            (15) Grazing district.--The term ``grazing district'' means 
        the specific area within which Federal land is 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).
            (16) Grazing fee year.--The term ``grazing fee year'', for 
        billing purposes, means a 12-month period that begins on March 
        1 of a year and ends on the last day of February of the 
        following year.
            (17) Grazing lease.--The term ``grazing lease'' means a 
        document authorizing use of Federal land 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.
            (18) Grazing permit.--The term ``grazing permit'' means a 
        document authorizing use of the Federal land 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.
            (19) 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.
            (20) Land base property.--The term ``land base property'' 
        means base property described in paragraph (9)(A).
            (21) Land use plan.--The term ``land use plan'' means--
                    (A) a resource management plan; or
                    (B) a management framework plan that is in effect 
                pending completion of a resource management plan,
        developed in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.).
            (22) Livestock.--The term ``livestock'' means--
                    (A) a species of domestic livestock, including 
                cattle, sheep, horses, burros, and goats; and
                    (B) a member of such a species.
            (23) Livestock carrying capacity.--The term ``livestock 
        carrying capacity'' means the maximum sustainable stocking rate 
        that is possible without inducing permanent damage to 
        vegetation or related resources.
            (24) Monitoring.--The term ``monitoring'' means the 
        periodic observation and orderly collection of data to 
        evaluate--
                    (A) effects of management actions; and
                    (B) effectiveness of actions in meeting management 
                objectives.
            (25) 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).
            (26) Rangeland study.--The term ``rangeland study'' means a 
        method of study for collecting data on actual use, utilization, 
        climatic conditions, other special events, production trend, 
        and rangeland condition and trend to determine whether 
        management objectives are being met, that--
                    (A) uses physical examination of measurements of 
                range attributes and does not rely on a cursory visual 
                scanning of land unless the condition to be assessed is 
                patently obvious and requires no physical examination; 
                and
                    (B) is accepted by an authorized officer.
            (27) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (28) Service area.--The term ``service area'' means the 
        area that can be properly grazed by livestock watering at a 
        certain water.
            (29) Stocking rate.--The term ``stocking rate'' means the 
        number of animal unit months authorized under a grazing permit 
        or grazing lease from year to year.
            (30) 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 grazing lease; or
                    (B) allows grazing on Federal land by livestock not 
                owned or controlled by the permittee or lessee.
            (31) Supplemental feed.--The term ``supplemental feed'' 
        means a feed that supplements the
         forage available from Federal land and is provided to improve 
livestock nutrition or rangeland management.
            (32) 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.
            (33) Trend.--The term ``trend'' means the direction of 
        change, over time, toward or away from a desire management 
        objective.
            (34) Utilization.--The term ``utilization'' means the 
        percentage of a year's herbage production consumed or destroyed 
        by herbivores.
            (35) Water base property.--The term ``water base property'' 
        means base property described in paragraph (9)(B).
    (b) Consultation, Cooperation, and Coordination.--Section 402(d) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)) 
is amended--
            (1) by inserting a comma after ``cooperation'' each place 
        it appears; and
            (2) by adding at the end the following: ``As used in this 
        subsection, the term `consultation, cooperation, and 
        coordination' means engagement in a good faith effort to reach 
        consensus on issues, plans, or management actions from--
            ``(1) other agencies, permittees, or lessees, and affected 
        interests involved in an activity with respect to which 
        consultation, cooperation, and coordination are required under 
        this title;
            ``(2) resource advisory councils established under section 
        177 of the Livestock Grazing Act;
            ``(3) any State having land within the area to be covered 
        by an allotment management plan; and
            ``(4) additional affected interests (as defined in section 
        104(a)(4) of the Livestock Grazing Act).''.

SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

    (a) Standards and Guidelines.--The Secretary shall establish 
standards and guidelines on a State or regional level in conjunction 
with the State department of agriculture or other appropriate agency 
and the land-grant university or other appropriate institution of 
higher education of each interested State.
    (b) Rule of Construction.--Nothing in this Act 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 
principle of multiple use and sustained yield and in accordance with 
applicable land use plans.
    (b) Contents of Land Use Plan.--A land use plan shall--
            (1) establish allowable resource uses (singly or in 
        combination), related levels of production or use to be 
        maintained, areas of use, and resource condition goals and 
        objectives to be obtained; and
            (2) set forth programs and general management practices 
        needed to achieve management objectives.
    (c) Application of NEPA.--A land use plan 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 
and management actions approved by the authorized officer--
            (1) may include any such activities as are not clearly 
        prohibited by a land use plan; and
            (2) shall not require any consideration under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 
        addition to the studies supporting the land use plan.

SEC. 107. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to reduce or otherwise 
limit the levels of livestock grazing that were authorized to be 
permitted as of August 1, 1993.

           Subtitle B--Qualifications and Grazing Preferences

SEC. 111. MANDATORY QUALIFICATIONS.

    Except as provided under sections 112, 114, and 134(c), to qualify 
for grazing use on Federal land an applicant shall--
            (1) be engaged in the livestock business;
            (2) own or control base property; and
            (3) be--
                    (A) a citizen of the United States or a person who 
                has properly filed a valid declaration of intention to 
                become a citizen or a valid petition for 
                naturalization;
                    (B) a group or association authorized to conduct 
                business in the State in which the grazing use is 
                sought, all members of which are persons described in 
                subparagraph (A); or
                    (C) a corporation authorized to conduct business in 
                the State in which the grazing use is sought.

SEC. 112. ACQUIRED LAND.

    With respect to land acquired by the Secretary through purchase, 
exchange, Act of Congress, or Executive order under the terms of which 
the Secretary is required to honor an existing grazing permit or 
grazing lease, the permittee or lessee shall be considered qualified 
for grazing use on that land.

SEC. 113. GRAZING PREFERENCES.

    (a) Base Property.--
            (1) Criteria.--An authorized officer shall find land or 
        water owned or controlled by an applicant for a grazing permit 
        or grazing lease to be base property if the land or water--
                    (A) serves as a base for a livestock operation that 
                utilizes Federal land within a grazing district; or
                    (B) is contiguous land, or noncontiguous land if no 
                applicant for the grazing permit or grazing lease owns 
                or controls contiguous land, used in conjunction with a 
                livestock operation that utilizes Federal land outside 
                a grazing district.
            (2) Specification of length of time.--After appropriate 
        consultation, cooperation, and coordination with the applicant 
        only, an authorized officer shall specify the length of time 
        for which land base property shall be considered to be capable 
        of supporting authorized livestock during the year, relative to 
        the multiple use management objective of Federal land.
            (3) Submission by applicant.--An applicant shall--
                    (A) provide a legal description, or plat, of the 
                base property; and
                    (B) certify to the authorized officer that the base 
                property meets the requirements under paragraphs (1) 
                and (2).
            (4) Loss of ownership or control.--
                    (A) In general.--Except as provided in subparagraph 
                (B), if a permittee or lessee loses ownership or 
                control of all or part of the base property, the 
                grazing permit or grazing lease, to the extent it was 
                based on the lost property, shall terminate 
                immediately, without notice from the authorized 
                officer.
                    (B) Extension of termination date.--If, prior to 
                losing ownership or control of the base property, the 
                permittee or lessee requests in writing that the 
                grazing permit or grazing lease be extended to the end 
                of the grazing season or grazing year, the authorized 
                officer, after consultation with the new owner or 
                person in control, may grant the request.
                    (C) Availability for transfer.--When a grazing 
                permit or grazing lease terminates because of a loss of 
                ownership or control of a base property, the grazing 
                preference shall remain with the base property and be 
                available for transfer under subsection (c) to the new 
                owner or person in control of the base property.
            (5) Isolated or disconnected federal land.--An applicant 
        that owns or controls base property contiguous to or cornering 
        on a tract of Federal land outside a grazing district that 
        consists of an isolated or disconnected tract embracing 760 
        acres or less shall, for a period of 90 days after the tract 
        has been offered for grazing lease, have a preference right to 
        graze the tract.
    (b) Specifying Grazing Preference.--
            (1) In general.--A grazing permit or grazing lease shall 
        specify a grazing preference that includes--
                    (A) a historical grazing preference right;
                    (B) active use, based on the amount of forage 
                available for livestock grazing established in the land 
                use plan;
                    (C) suspended use; and
                    (D) voluntary and temporary nonuse.
            (2) Attachment of grazing preference.--A grazing preference 
        identified in a grazing permit or grazing lease shall attach to 
        the base property supporting the grazing permit or grazing 
        lease.
            (3) Attachment of animal unit months.--The animal unit 
        months of a grazing preference shall attach to--
                    (A) the acreage of land base property on a pro rata 
                basis; or
                    (B) water base property on the basis of livestock 
                forage production within the service area of the water.
    (c) Transfer of Grazing Preference.--
            (1) In general.--A transfer of a grazing preference, in 
        whole or in part, may be made in accordance with this 
        subsection.
            (2) Qualification of transferee.--A transferee shall meet 
        all necessary qualifications for a grazing preference under 
        this title.
            (3) Application.--An application to transfer a grazing 
        preference shall evidence assignment of interest and obligation 
        in range improvements authorized on Federal land under section 
        122 and maintained in conjunction with the transferred 
        preference.
            (4) Acceptance or rejection of terms and conditions.--A 
        transferee of a grazing preference may elect to accept or 
        reject the terms and conditions of the terminating grazing 
        permit or grazing lease and of any related cooperative 
        agreement or range improvement permit or to accept those terms 
        and conditions with such modifications as the transferee may 
        request and the authorized officer approve or with such 
        modifications as the authorized officer may require.
            (5) Application for grazing permit or grazing lease.--A 
        proposed transferee shall file an application for a grazing 
        permit or grazing lease to the extent of the transferred 
        grazing preference simultaneously with the filing of a transfer 
        application.
            (6) Transfers.--
                    (A) Transfers on sale or grazing lease of base 
                property.--If base property is sold or leased, the 
                transferee, not later than 90 days after the date of 
                sale or grazing lease, shall file with the authorized 
                officer a properly executed transfer application that--
                            (i) identifies the base property; and
                            (ii) states the amount of grazing 
                        preference being transferred in animal unit 
                        months.
                    (B) Transfer from base property to base property.--
                            (i) In general.--If a grazing preference is 
                        being transferred from 1 base property to 
                        another base property, the transferor shall own 
                        or control the base property from which the 
                        grazing preference is being transferred and 
                        file with the authorized officer a properly 
                        completed transfer application for approval.
                            (ii) Consent of owner or leased base 
                        property.--If the transferor leases the base 
                        property, no transfer shall be allowed without 
                        the written consent of the owner and of any 
                        person or entity holding an encumbrance of the 
                        base property from which the transfer is to be 
                        made unless the transferor is a lessee without 
                        whose livestock operations the grazing 
                        preference would not have been established.
            (7) Termination.--On the date of approval of a transfer, 
        the existing grazing permit or grazing lease shall terminate 
        automatically and without notice to the extent of the transfer.
            (8) Acquisition of base property by person not qualified.--
                    (A) No effect for 2 years.--For a period of 2 years 
                after an unqualified transferee acquires rights in base 
                property through operation of law or testamentary 
                disposition, the transfer shall not--
                            (i) affect the grazing preference or any 
                        outstanding grazing permit or grazing lease; or
                            (ii) preclude the issuance or renewal of a 
                        grazing permit or grazing lease based on the 
                        base property.
                    (B) Cancellation.--If an unqualified transferee 
                fails to qualify for a transfer under this section 
                within the 2-year period described in subparagraph (A), 
                the grazing preference shall be subject to 
                cancellation, but the authorized officer my grant 
                extensions of the 2-year period if there have been 
                delays solely attributable to probate proceedings.
            (9) Failure to comply.--Failure of a transferee or 
        transferor to comply with this subsection may result in 
        rejection of the transfer application or cancellation of the 
        grazing preference.
    (d) Allotments.--After consultation, cooperation, and coordination 
with permittees or lessees, an authorized officer may designate and 
adjust allotment boundaries.

SEC. 114. CHANGES IN GRAZING PREFERENCE STATUS.

    (a) In General.--An authorized officer shall periodically review 
the stocking rate specified in a grazing permit or grazing lease and 
may make changes in the status of the stocking rate.
    (b) Support.--A change in a stock rate shall be supported by 
monitoring, as evidenced by rangeland studies conducted over time, and 
as is specified in an applicable land use plan or as is necessary to 
manage, maintain, or improve rangeland productivity.
    (c) Increase in Active Use.--
            (1) In general.--Any additional forage that becomes 
        available may be apportioned to a qualified applicant for 
        livestock grazing use, consistent with multiple-use management 
        objectives.
            (2) Temporary availability.--Any additional forage that 
        becomes temporarily available for livestock grazing use 
        (including forage that is temporarily available within an 
        allotment because of a change in grazing use under section 
        131(b)) may be apportioned on a nonrenewable basis.
            (3) Availability on sustained use basis.--
                    (A) In general.--Any additional forage that becomes 
                available on a sustained yield basis for livestock 
                grazing use shall be apportioned in satisfaction of 
                grazing preferences to the permittees and lessees 
                authorized to graze in the allotment in which the 
                forage is available before being apportioned to other 
                persons under subparagraph (B).
                    (B) Apportionment to others.--After consultation, 
                cooperation, and coordination, additional forage on a 
                sustained yield basis available for livestock grazing 
                use exceeding the amount of grazing preferences of the 
                permittees and lessees in an allotment may be 
                apportioned in the following priority to--
                            (i) permittees and lessees in proportion to 
                        their contribution or efforts that resulted in 
                        increased forage production;
                            (ii) permittees or lessees in proportion to 
                        the amount of their grazing preferences; and
                            (iii) other qualified applicants under 
                        section 131.
    (d) Decrease in Authorized Grazing Use.--
            (1) Temporary suspension.--
                    (1) In general.--Active use may be suspended in 
                whole or in part on a temporary basis to facilitate--
                            (i) recovery from drought, fire, or another 
                        natural event; or
                            (ii) installation, maintenance, or 
                        modification of range improvements.
                    (B) Implementation.--If an authorized officer 
                determines that the soil, vegetation, or other 
                resources on Federal land require temporary protection 
                because of conditions such as drought, fire, flood, or 
                insect infestation, after consultation, cooperation, 
                and coordination with affected permittees or lessees 
                and other affected interests, action shall be taken to 
                close allotments or portions of allotments to grazing 
                by any kind of livestock or to modify authorized 
                grazing use.
            (2) Permanent suspension.--When monitoring shows that 
        active use is causing an unacceptable level or pattern of 
        utilization or exceeds the livestock carrying capacity, as 
        determined through monitoring, an authorized officer, after 
        evaluating and implementing all reasonable and viable 
        management practices or alternatives, shall reduce active use 
        if necessary to maintain or improve rangeland productivity only 
        if the authorized officer determines that a change in 
        management practices would not achieve the management 
        objectives.
            (3) Period of suspension.--When active use is reduced, the 
        active use shall be held in suspension or in nonuse for 
        conservation and protection purposes until the authorized 
        officer determines that active use may resume.
    (e) Implementation of Changes in Available Forage.--
            (1) Phasing-in.--A change in active use in excess of 10 
        percent shall be implemented over a 5-year period, unless, 
        after consultation with the affected permittees or lessees and 
        other affected interests, an agreement is reached to implement 
        the increase or decrease over less than a 5-year period.
            (2) Suspension of grazing preference.--
                    (A) In general.--After consultation, cooperation, 
                and coordination, a suspension of a grazing preference 
                shall be implemented through a documented agreement or 
                by decision of an authorized officer.
                    (B) Data available.--If acceptable range analysis 
                data are properly gathered, analyzed, and reviewed by 
                the authorized officer, an initial decrease shall be 
                taken on the effective date of the agreement or 
                decision and the balance taken in the third and fifth 
                year following that effective date, except as provided 
                in paragraph (1).
                    (C) Data not available.--If data acceptable to the 
                authorized officer to support an initial decrease are 
                not available--
                            (i) additional data shall be collected 
                        through monitoring and in coordination with the 
                        land-grant university (or other appropriate 
                        institution of higher education) and department 
                        of agriculture of the State; and
                            (ii) adjustments based on the additional 
                        data shall be implemented by agreement or 
                        decision that will initiate the 5-year 
                        implementation period.

SEC. 115. CHANGES IN FEDERAL LAND ACREAGE.

    (a) Increases in Land Acreage.--If land outside a designated 
allotment becomes available for livestock grazing--
            (1) the forage available for livestock shall be made 
        available to a qualified applicant at the discretion of the 
        authorized officer; and
            (2) grazing use shall be apportioned under section 131.
    (b) Decrease in Land Acreage.--
            (1) In general.--If there is a decrease in Federal land 
        acreage available for livestock grazing within an allotment--
                    (A) grazing permits or grazing leases may be 
                canceled, suspended, or modified as appropriate to 
                reflect the changed area of use; and
                    (B) grazing preferences may be canceled or 
                suspended in whole or in part.
            (2) Equitable apportionment.--A cancellation or suspension 
        determined by the authorized officer to be necessary to protect 
        Federal land--
                    (A) shall be apportioned as agreed among the 
                authorized users and the authorized officer; or
                    (B) if no agreement is reached, shall be equitably 
                apportioned by the authorized officer based on the 
                level of available forage and magnitude of the change 
                in Federal land acreage available.
            (3) Disposition or use for public purpose.--
                    (A) In general.--If Federal land is disposed of or 
                devoted to a public purpose so as to preclude livestock 
                grazing, the Secretary shall, except in a case of 
                emergency such as need to satisfy a national defense 
                requirement in time of war or a natural disaster, 
                provide permittees and lessees 2 years' notice prior to 
                cancellation of grazing permits, grazing leases, and 
                grazing preferences.
                    (B) Waiver.--A permittee or lessee may 
                unconditionally waive the 2-year prior notification 
                required by subparagraph (A).
                    (C) Right to compensation.--A waiver under 
                subparagraph (B) shall not prejudice a permittee's or 
                lessee's right to reasonable compensation at (but not 
                in excess of) the fair market value of the permittee's 
                or lessee's interest in authorized permanent range 
                improvements located on Federal land.

                     Subtitle C--Grazing Management

SEC. 121. ALLOTMENT MANAGEMENT PLANS.

    (a) In General.--An allotment management plan shall be prepared in 
careful and considered consultation, cooperation, and coordination with 
permittees and lessees, landowners, the grazing advisory council for 
the grazing district, and any State having land within the area to be 
covered by the allotment management plan.
    (b) Contents.--An allotment management plan shall--
            (1) include the terms and conditions described in section 
        136;
            (2) prescribe the livestock grazing practices necessary to 
        meet specific multiple-use management objectives;
            (3) specify the limits of flexibility within which the 
        permittee or lessee may adjust operations without prior 
        approval of the authorized officer; and
            (4) provide for monitoring to evaluate the effectiveness of 
        management actions in achieving the specific multiple-use 
        management objectives of the plan.
    (c) Private and State Land.--Private and State land shall be 
included in an allotment management plan with the consent or at the 
request of the person that owns or controls the land.
    (d) Incorporation in Grazing Permits and Grazing Leases.--An 
allotment management plan shall be incorporated into the affected 
grazing permits and grazing leases.
    (e) Satisfaction of Requirements of Other Laws.--The issuance of a 
grazing permit or grazing lease that is consistent with a land use plan 
shall not be considered to be a Federal action requiring the conduct of 
any study or assessment under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or any other law.

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, maintenance, 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 permanent range improvement 
                under a range improvement cooperative agreement shall 
                be in the name of the permittee or lessee and of the 
                United States, respectively, in proportion to the value 
                of the contributions (funding, material, and labor) 
                toward the initial cost of construction by the United 
                States and the permittee or lessee, respectively.
                    (B) Value of federal land.--For the purpose of 
                subparagraph (A), only a contribution to the 
                construction, installation, modification, or 
                maintenance of a permanent rangeland improvement 
                itself, and not the value of Federal land on which the 
                improvement is placed, shall be taken into account.
                    (C) Maintenance.--Maintenance of range improvements 
                in the form of time as labor or monetary expenditures 
                shall be applied to the value and percentage of 
                ownership proportionate to the value of the 
                contribution by a party to the cooperative agreement.
            (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) Incentive.--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) Standards, Design, and Stipulations.--A range improvement 
cooperative agreement under subsection (a) and a range improvement 
permit under subsection (b) shall specify the standards and design, 
construction, and maintenance criteria for the range improvements.
    (d) Assignment of Range Improvements.--An authorized officer shall 
not approve the transfer of a grazing preference under section 113(c) 
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 improvements within the 
allotment as of the date of the transfer.
    (e) Removal and Compensation for Loss of Range Improvements.--
            (1) Prohibition of removal.--A person shall not remove a 
        range improvement from Federal land without authorization by 
        the authorized officer.
            (2) Requirement to remove.--The authorized officer may 
        require a permittee or lessee to remove a range improvement on 
        Federal land that the permittee or lessee owns if the 
        improvement is no longer helping to achieve land use plan or 
        allotment goals and objectives or if the improvement fails to 
        meet the standards and criteria of subsection (c).
            (3) Cancellation of grazing permit or grazing lease.--
                    (A) In general.--If a grazing permit or grazing 
                lease is canceled in order to devote Federal land 
                covered by the grazing permit or grazing lease to 
                another public purpose, including disposal, the 
                permittee or lessee shall be entitled to receive from 
                the United States reasonable compensation for the value 
                of the permittee's or lessee's interest in authorized 
                permanent range improvements purchased by the permittee 
                or lessee or placed or constructed by the permittee or 
                lessee on Federal land covered by the canceled grazing 
                permit or grazing lease.
                    (B) Fair market value.--The value of a permittee's 
                or lessee's interest under subparagraph (A) shall be 
                equal to the fair market value of the terminated 
                portion of the permittee's or lessee's interest in the 
                permanent range improvements.
                    (C) Salvage and rehabilitation.--In a case in which 
                a range improvement is authorized by a range 
                improvement permit or range improvement cooperative 
                agreement, the permittee or lessee may elect to salvage 
                materials and perform rehabilitation measures rather 
                than accept compensation for the fair market value.
            (4) Cancellation of range improvement permit or cooperative 
        agreement.--If a range improvement permit or range improvement 
        cooperative agreement is canceled, the permittee or lessee 
        shall be allowed 180 days after the date of cancellation in 
        which to salvage material owned by the lessee or permittee and 
        perform rehabilitation measures necessitated by the salvage.
    (i) Contributions.--An authorized officer may accept contributions 
of labor, material, equipment, or money for administration, protection, 
and improvement of Federal land necessary to achieve the objectives of 
this title.
    (j) Transfer of Ownership of Improvements.--
            (1) Mediation.--An authorized officer may--
                    (A) mediate a dispute regarding reasonable 
                compensation in connection with a transfer of ownership 
                of a range improvement; and
                    (B) following consultation with the interested 
                parties, make a determination concerning the fair and 
                reasonable share of operation and maintenance expenses 
                and compensation for use of authorized range 
                improvements.
            (2) No agreement.--If an agreement on the amount of 
        compensation cannot be reached, the authorized officer shall 
        issue a temporary grazing authorization, including appropriate 
        terms and conditions and the requirement to compensate the 
        permittee or lessee for the fair share of operation and 
        maintenance, as determined by the authorized officer.

SEC. 123. WATER RIGHTS.

    (a) In General.--No water rights shall be acquired, perfected, 
owned, controlled, maintained, administered, or transferred in 
connection with livestock grazing management unless authorized 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 ownership.
    (c) Rule of Construction.--Nothing in this title shall be construed 
to create an expressed or implied reservation of water rights in the 
United States.

SEC. 124. MANAGEMENT OF GRAZING ON LAND UNDER THE JURISDICTION OF OTHER 
              DEPARTMENTS AND AGENCIES.

    (a) In General.--In the case of land under the administrative 
jurisdiction of the head of another entity in the department or of 
another department or agency on which grazing is managed by the 
Secretary on behalf of the head of that entity, department, or agency, 
the Secretary shall enter into a memorandum of understanding setting 
out the terms and conditions under which grazing will be managed on 
that land.
    (b) Application of Title.--This title shall apply to management of 
grazing under subsection (a) except to the extent that the Secretary, 
in consultation with the head of the department or agency with 
jurisdiction over the land, in view of the needs of the other 
department
 or agency or the applicability of other law, requires application of 
different rules.

                Subtitle D--Authorization of Grazing Use

SEC. 131. APPLICATIONS.

    (a) In General.--An application for a grazing permit or grazing 
lease authorizing active use and nonuse, a free-use grazing permit, or 
other grazing authorization shall be filed with the authorized officer 
at the local Bureau of Land Management office having jurisdiction over 
the Federal land that is the subject of the application.
    (b) Changes in Grazing Use.--
            (1) In general.--In the case of any grazing fee year, an 
        application for a change in grazing use should be filed with 
        the authorized officer before the billing notice for the 
        affected grazing use has been issued for the grazing fee year.
            (2) Late filing.--An application for a change in grazing 
        use filed after a billing notice for the affected grazing use 
        has been issued that requires the issuance of a replacement or 
        supplemental billing notice shall be subject to a service 
        charge under section 137(d).
            (3) Authority to grant.--An authorized officer may grant an 
        application for a change in grazing use.
    (c) Conflicting Applications.--
            (1) Factors to be considered.--If more than 1 qualified 
        applicant applies for livestock grazing use of the same Federal 
        land or if additional forage for livestock or additional 
        acreage becomes available, an authorized officer may authorize 
        grazing use of the Federal land or use of forage--
                    (A) as provided in section 114(c); or
                    (B) on the basis of any of the following factors:
                            (i) Historical use of Federal land.
                            (ii) Proper range management and use of 
                        water for livestock.
                            (iii) General needs of the applicants' 
                        livestock operations.
                            (iv) Topography.
                            (v) Other land use requirements unique to 
                        the situation.
            (2) Factor not to be considered.--In authorizing grazing 
        use or use of forage under paragraph (1), an authorized officer 
        shall not take into consideration the past practice or present 
        willingness of an applicant to allow public access to Federal 
        land over private land.

SEC. 132. GRAZING PERMITS OR GRAZING LEASES.

    (a) Specification of Terms and Conditions.--A grazing permit or 
grazing lease shall specify terms and conditions as required by section 
136.
    (b) Term.--A grazing permit or grazing lease shall be issued for a 
term of 15 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 15 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.
    (c) Renewal.--A permittee or lessee holding a grazing permit or 
grazing lease shall be given first priority at the end of the term for 
renewal of the grazing permit or grazing lease if--
            (1) the land for which the grazing permit or grazing 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 
        grazing lease; and
            (3) the permittee or lessee accepts the terms and 
        conditions included by the authorized officer in the new 
        grazing permit or grazing lease.

SEC. 133. FREE-USE GRAZING PERMITS.

    (a) In General.--A free-use grazing permit may be issued, 
consistent with the Act, cited in section 102, to an applicant--
            (1) whose residence is adjacent to Federal land within a 
        grazing district;
            (2) who needs Federal land to support domestic livestock 
        owned by the applicant; and
            (3) whose products or work related to livestock grazing are 
        used directly and exclusively by the applicant and the 
        applicant's family.
    (b) Conflicting Applications.--The issuance of a free-use grazing 
permit is subject to section 131(c).
    (c) Term.--A free-use grazing permit shall be issued for a term of 
1 year.
    (d) No Transfer or Assignment.--A free-use grazing permit may not 
be transferred or assigned.

SEC. 134. OTHER GRAZING AUTHORIZATIONS.

    (a) Exchange-of-Use Grazing Agreements.--
            (1) In general.--An exchange-of-use grazing agreement may 
        be issued to any applicant that owns or controls land that is 
        unfenced and intermingled with Federal land when use under such 
        an agreement would be in harmony with the management objectives 
        for the allotment.
            (2) Extent of use.--An exchange-of-use grazing agreement 
        may authorize use of Federal land to the extent of the 
        livestock carrying capacity of the land offered in exchange-of-
        use.
            (3) No fee.--No fee shall be charged for grazing use under 
        an exchange-of-use agreement.
    (b) Nonrenewable Grazing Permits and Grazing Leases.--A 
nonrenewable grazing permit or grazing lease may be issued on an annual 
basis to a qualified applicant when forage is temporarily available if 
grazing use under the grazing permit or grazing lease--
            (1) is consistent with multiple-use objectives; and
            (2) does not interfere with other livestock operations on 
        the Federal land concerned.
    (c) Crossing Permits.--An applicant showing the necessity for 
crossing Federal land or other land under control of the Secretary with 
livestock for proper and lawful purposes may be issued a crossing 
permit on such terms and conditions as the authorized officer considers 
necessary to achieve the objectives of this title.
    (d) Special Grazing Permits or Grazing Leases.--
            (1) In general.--A special grazing permit or grazing lease 
        authorizing grazing use by privately owned or controlled 
        indigenous animals may be issued at the discretion of the 
        authorized officer, consistent with multiple-use objectives.
            (2) Term.--A special grazing permit or grazing lease shall 
        be issued for such a term as the authorized officer considers 
        to be appropriate, not to exceed 10 years.
    (e) No Priority; No Transfer or Assignment.--An exchange-of-use 
grazing agreement, nonrenewable grazing permit or grazing lease, 
crossing permit, or special grazing permit or grazing lease shall have 
no priority for renewal and may not be transferred or assigned.

SEC. 135. 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 grazing lease.
    (b) Compliance With State Requirements.--An authorized user shall 
comply with the requirements of the State in which Federal land is 
located relating to branding, marking, or tagging of livestock, breed, 
grade, and number of bulls, health, and sanitation.
    (c) Marking or Tagging.--An authorized officer shall not impose any 
marking or tagging requirement in addition to the requirement under 
State law.
    (d) Filing of Control Agreement and Brand.--A permittee or lessee 
that controls but does not own the livestock that graze Federal land 
shall file with the authorized officer--
            (1) the agreement that gives the permittee or lessee 
        control of the livestock; and
            (2) the brand and other identifying marks on the livestock.

SEC. 136. TERMS AND CONDITIONS.

    (a) In General.--
            (1) Specifications.--An authorized officer shall specify in 
        a grazing permit or grazing lease the kind and number of 
        livestock, the periods of use, the allotments to be used, and 
        the amount of use (stated in animal unit months) for each 
        grazing permit or grazing lease.
            (2) Amount of use.--The amount of livestock grazing use 
        that is authorized in a grazing permit or grazing lease shall 
        not exceed the livestock carrying capacity of the Federal land 
        concerned, as determined through monitoring and adjusted as 
        necessary under section 114.
            (3) Cancellation, suspension, or modification.--A grazing 
        permit or grazing lease shall be subject to cancellation, 
        suspension, or modification for any violation of this title or 
        of any term or condition of the grazing permit or grazing 
        lease.
    (b) No Special Terms and Conditions.--An authorized officer shall 
not impose any term or condition in a grazing permit or grazing lease 
other than a term or condition described in subsection (a).
    (c) Modification.--Following careful and considered consultation, 
cooperation, and coordination with permittees, lessees, and other 
affected interests, an authorized officer may modify the terms and 
conditions of a grazing permit or grazing lease if monitoring data show 
that the grazing use is not meeting the land use plan or management 
objectives.

SEC. 137. FEES AND CHARGES.

    (a) Grazing Fees.--
            (1) Basic fee.--The basic fee for each animal unit month in 
        a grazing fee year shall be equal to the 3-year average of the 
        total gross value of production for livestock, as determined by 
        the National Agricultural Statistics Service of the Department 
        of Agriculture in accordance with paragraph (2) on the basis of 
        economic data published by the Service in the June Agricultural 
        Survey for the 3 years preceding the grazing fee year, 
        multiplied by .06 and divided by 12.
            (2) Criteria.--
                    (A) In general.--The National Agricultural 
                Statistics Service of the Department of Agriculture 
                shall make a determination under paragraph (1) based on 
                the following information gathered from livestock 
                grazing operators, with respect to the largest single 
                grazing lease of each operator (in terms of dollars):
                            (i) Whether the operator charged--
                                    (I) per acre;
                                    (II) per head per month;
                                    (III) per pound of gain;
                                    (IV) per hundredweight of gain; or
                                    (V) by another measure, and the 
                                rate charged.
                            (ii)(I) The estimated average pounds gained 
                        per season for the grazing lease.
                            (II) The total dollar amount estimated to 
                        be realized from the grazing lease.
                            (III) Grazing lease acreage.
                            (IV) The State and county where the grazing 
                        lease is located.
                            (iii) The classes of livestock grazed.
                            (iv) The term of the grazing lease.
                            (v)(I) Whether grazing lease payments are 
                        paid if no grazing occurred.
                            (II) Whether the grazing lease contains a 
                        take or pay provision.
                            (vi) Whether responsibility for the grazing 
                        lease is ensured by daily livestock care, water 
                        supply, or other factors.
                    (B) Private native rangeland.--For the purpose of 
                determining rates for grazing leases of private native 
                rangeland, rates for irrigated pasture, crop aftermath, 
                and dryland winter wheat shall be excluded.
            (3) Surcharge.--
                    (A) In general.--A surcharge shall be added to the 
                grazing fee billings for authorized grazing of 
                livestock owned by a person other than a permittee or 
                lessee unless--
                            (i) the grazing use is made by livestock 
                        owned by a spouse, son, daughter, grandson, or 
                        granddaughter of the permittee and lessee; or
                            (ii) the operator is unable to make full 
                        grazing use, as authorized by a grazing permit 
                        or grazing lease, due to the age or death of 
                        the primary operator.
                    (B) Payment in advance.--A surcharge shall be paid 
                prior to grazing use.
                    (C) Livestock owned by others.--A surcharge for 
                authorized pasturing of livestock owned by a person 
                other than a permittee or lessee shall be equal to 25 
                percent of the difference between the current year's 
                Federal grazing fee and the prior year's private 
                grazing land lease rate per year for the appropriate 
                State, as determined by the National Agricultural 
                Statistics Service in accordance with paragraph (2).
            (4) Payment.--
                    (A) Due date.--A grazing fee shall be due on the 
                due date specified in the billing notice.
                    (B) Payment prior to use.--A grazing fee shall be 
                paid prior to grazing use.
                    (C) Billing after grazing season.--If an allotment 
                management plan provides for billing after the grazing 
                season, a grazing fee shall be based on actual grazing 
                use and shall be due upon issuance.
            (5) Refunds.--
                    (A) In general.--A grazing fee may be refunded if 
                an application for change in grazing use and related 
                refund is filed prior to the period of use for which 
                the refund is requested.
                    (B) Failure to make grazing use.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), no refund shall be made for 
                        failure to make grazing use.
                            (ii) Range depletion or disease.--During a 
                        period of range depletion due to drought, fire, 
                        or other natural cause, or in case of a general 
                        spread of disease among the livestock that 
                        occurs during the term of a grazing permit or 
                        grazing lease, an authorized officer may credit 
                        or refund a grazing fee in whole or in part or 
                        postpone fee payment for as long as the 
                        emergency exists.
    (b) 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.
    (c) Repeal and Supersedure.--
            (1) Repeal.--Section 6(a) of the Public Rangelands 
        Improvement Act of 1978 (43 U.S.C. 1905) is repealed.
            (2) Supersedure.--This section supersedes Executive Order 
        12548 (43 U.S.C. 1905 note) effective March 1, 1996.
    (d) Application of Section.--This section applies to the management 
of livestock grazing on Federal land by the Secretary of Agriculture, 
acting through the Chief of the Forest Service, as well as to the 
Secretary.

SEC. 138. PLEDGE OF GRAZING PERMITS OR GRAZING LEASES AS SECURITY FOR 
              LOANS.

    (a) Renewal.--A grazing permit or grazing lease that has been 
pledged as security for a loan from a lending agency shall be renewed 
by the authorized officer for a period of not to exceed 15 years if--
            (1) the loan is for the purpose of furthering the 
        permittee's or lessee's livestock operation;
            (2) the permittee or lessee has complied with this title; 
        and
            (3) renewal would be in accordance with other applicable 
        laws.
    (b) Effect of Pledge.--The pledging of a grazing permit or grazing 
lease as security for a loan from a lending agency shall not exempt the 
grazing permit or grazing lease from this title.

        Subtitle E--Civil Violations and Failures of Compliance

SEC. 141. CIVIL VIOLATIONS AND FAILURES OF COMPLIANCE.

    (a) Scope of Section.--
            (1) In general.--This section states all of the violations 
        and failures of compliance that pertain specifically to 
        livestock grazing on Federal land that may result in imposition 
        of a sanction described in subsection (c) against a person in 
        the person's capacity as a permittee, lessee, or applicant for 
        a grazing permit or grazing lease.
            (2) Other violations.--A permittee, lessee, or applicant 
        for a grazing permit or grazing lease that commits a violation 
        relating to Federal land under a law that applies to all 
        persons generally shall be subject to penalty under that law.
    (b) In General.--A person that does 1 of the following shall be 
subject to a civil sanction under subsection (c):
            (1) Fails to make substantial grazing use as authorized by 
        a grazing permit or grazing lease for 2 consecutive fee years.
            (2) Places supplemental feed on land covered by a grazing 
        permit or grazing lease without authorization.
            (3) Fails to comply with a term, condition, or stipulation 
        of a range improvement cooperative agreement or range 
        improvement permit.
            (4) Enters into an unauthorized sublease.
            (5) Allows livestock or another privately owned or 
        controlled animal to graze on or be driven across Federal 
        land--
                    (A) without a grazing permit, grazing lease, or 
                other grazing use authorization;
                    (B) in violation of a term or condition of a 
                grazing permit, grazing lease, or other grazing use 
                authorization, including a provision stating the number 
                of livestock covered by the authorization;
                    (C) in an area or at a time different from that 
                authorized; or
                    (D) if the livestock is not identified in 
                compliance with section 135.
            (6) Installs, uses, modifies, or removes a range 
        improvement on Federal land without authorization.
            (7) Damages or removes Federal Government property from 
        Federal land without authorization.
            (8) Molests livestock authorized to graze on Federal land.
            (9) Interferes with a lawful grazing use or lawful user.
            (10) Knowingly or willfully makes a false statement or 
        representation in a base property certification, grazing 
        application, range improvement permit application, cooperative 
        agreement, or actual use report, or an amendment thereto.
            (11) Grazes livestock on Federal land not substantially in 
        compliance with State livestock requirements relating to--
                    (A) branding, marking, or tagging of livestock;
                    (B) breed, grade, or number of bulls; or
                    (C) health or sanitation.
    (c) Penalties.--
            (1) In general.--In a case of a violation or failure of 
        compliance described in subsection (b), an authorized officer 
        may--
                    (A) withhold issuance of a grazing permit or 
                grazing lease for a period of time;
                    (B) suspend the grazing use authorized under a 
                grazing permit or grazing lease for a period of time, 
                in whole or in part; or
                    (C) cancel a grazing permit or grazing lease and 
                grazing preference, or a free-use grazing permit or 
                other grazing authorization, in whole or in part.
            (2) Second or subsequent willful violation.--In a case of a 
        second or subsequent willful civil violation described in 
        subsection (a), an authorized officer shall--
                    (A) suspend the grazing use authorized under a 
                grazing permit for a period of time, in whole or in 
                part; or
                    (B) cancel a grazing permit or grazing lease and 
                grazing preference, in whole or in part.
            (3) Consideration of severity.--A determination of the 
        length of time that a grazing permit or grazing lease will be 
        withheld or suspended or that a grazing permit or grazing lease 
        will be canceled shall reflect the severity of the violation or 
        failure of compliance.
            (4) Referral for action under subtitle f.--If a person 
        other than a permittee or lessee violates subsection (a)(5), 
        and the person has not made satisfactory settlement under 
        section 153, the authorized officer shall refer the matter to 
        proper authorities for appropriate legal action by the United 
        States against the violator under subtitle F.
            (5) Subleases.--
                    (A) In general.--A person who violates subsection 
                (b)(4) shall be required to pay to the United States 
                the dollar equivalent value, as determined by the 
                authorized officer, of all compensation received for 
                the sublease that is in excess of the sum of the 
                established grazing fee and the cost incurred by the 
                person for the installation and maintenance of 
                authorized range improvements.
                    (B) Failure to pay.--If the dollar equivalent value 
                is not received by the authorized officer within 30 
                days of receipt of a final decision, the grazing permit 
                or grazing lease shall be canceled.
                    (C) Additional penalty.--Payment under this 
                paragraph shall be in addition to any other penalties 
                the authorized officer may impose under this 
                subsection.
            (6) Failure to use.--After consultation, cooperation, and 
        coordination, the authorized officer may cancel a grazing 
        preference to the extent of failure to use when a permittee or 
        lessee has failed to make substantial grazing use as authorized 
        for 2 consecutive years.

                  Subtitle F--Unauthorized Grazing Use

SEC. 151. LIABILITY FOR DAMAGES.

    (a) In General.--A person who commits a violation described in 
section 141(a)(5) shall be liable in damages to the United States for--
            (1) the value of forage consumed by the livestock of the 
        person;
            (2) injury to Federal property caused by unauthorized 
        grazing use; and
            (3) expenses incurred in impoundment and sale of the 
        person's livestock.
    (b) No Liability.--In no circumstances shall a person be liable for 
damages to the United States for expenses incurred in impoundment or 
sale of the person's livestock if the person did not commit a violation 
of section 141(a)(5) or if the impoundment or sale was not conducted in 
accordance with State law.

SEC. 152. NOTICE AND ORDER TO REMOVE.

    (a) Known Owner.--
            (1) Service.--When it appears that a violation described in 
        section 151 has occurred or is occurring and the owner of the 
        unauthorized livestock is known, an authorized officer shall 
        serve written notice of unauthorized use and an order to remove 
        livestock by a specified date on the owner (or the owner's 
        agent of record) by certified mail or personal delivery.
            (2) Opportunity to respond.--Written notice under paragraph 
        (1) shall allow a specified time from receipt of notice for the 
        livestock owner to--
                    (A) show that there has been no violation; or
                    (B) make settlement under section 153.
    (b) Unknown Owner.--When it appears that a violation described in 
section 151 has occurred or is occurring and neither the owner or the 
unauthorized livestock nor an agent of the owner is known, an 
authorized officer may immediately proceed to impound the livestock 
under section 154.

SEC. 153. SETTLEMENT.

    (a) Determination of Willfulness.--An authorized officer shall 
determine whether a violation described in section 151 is a nonwillful, 
willful, or second or subsequent willful violation.
    (b) Second or Subsequent Willful Violations.--In the case of a 
second or subsequent willful violation, the authorized officer shall--
            (1) suspend the grazing use authorized under a grazing 
        permit or grazing lease, in whole or in part; or
            (2) cancel a grazing permit or grazing lease and grazing 
        preference, or a free-use grazing permit or other grazing 
        authorization, in whole or in part.
    (c) Settlement Amount.--Except as provided in subsection (e), the 
settlement amount in the case of a violation described in section 151 
shall include--
            (1) the value of forage consumed as determined under 
        subsection (d);
            (2) the full value for all damage to Federal land and other 
        property of the United States resulting from the violation; and
            (3) all reasonable expenses incurred by the United States 
        in detecting, investigating, and resolving the violation, and 
        livestock impoundment costs.
    (d) Value of Forage.--
            (1) Nonwillful violation.--In the case of a nonwillful 
        violation, the value of forage consumed shall be the product 
        of--
                    (A) average monthly rate per animal unit month for 
                pasturing livestock on privately owned land (excluding 
                irrigated land) for the 16 western States as published 
                annually by the Department of Agriculture; and
                    (B) the period of the violation.
            (2) Willful violations.--In the case of a willful 
        violation, the value of forage consumed shall be twice the 
        value determined under paragraph (1).
            (3) Second or subsequent willful violations.--In the case 
        of a second or subsequent willful violation, the value of 
        forage consumed shall be 3 times the value determined under 
        paragraph (1).
    (e) Nonmonetary Settlement.--An authorized officer may approve a 
nonmonetary settlement of a case of a violation described in section 
151 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.
    (f) Effect of Settlement.--Payment of a settlement amount under 
this section shall not relieve the violator of any criminal liability 
under Federal or State law.
    (g) No Grazing Use.--A person who is found to have committed a 
violation described in section 151 shall not be authorized to make 
grazing use until any settlement amount found to be due under this 
section has been paid.
    (h) Other Sanctions.--An authorized officer may cancel or suspend a 
grazing authorization or deny approval of an application for grazing 
use until a settlement amount found to be due under this section has 
been paid.

SEC. 154. IMPOUNDMENT AND SALE.

    (a) In General.--Subject to section 152(b), unauthorized livestock 
remaining on Federal land after the date specified in a notice and 
order under section 152(a) may be impounded and sold by the authorized 
officer, acting in conjunction with the State Livestock Board.
    (b) Notice of Intent To Impound.--
            (1) Known owner.--
                    (A) Service.--A written notice of intent to impound 
                shall be sent by certified mail or personally delivered 
                to the livestock owner (or the owner's agent).
                    (B) Contents.--The written notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following delivery of 
                the notice.
            (2) Unknown owner.--
                    (A) Publication and posting.--If the livestock 
                owner and owner's agent are unknown, or if both a known 
                owner and the owner's agent refuse to accept delivery 
                of notice, a notice of intent to impound shall be 
                published in a local newspaper and posted at the county 
                courthouse and a post office near the Federal land 
                concerned.
                    (B) Contents.--The notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following publication 
                and posting of the notice.
    (c) Impoundment.--After 10 days following delivery or publication 
and posting of a notice under subsection (b), the notice shall become 
effective, and unauthorized livestock may be impounded without further 
notice any time with the 12-month period following the effective date 
of the notice.
    (d) Notice of Public Sale.--
            (1) In general.--Following the impoundment of livestock 
        under this section, the livestock may be sold by the authorized 
        officer or, if a suitable agreement is in effect, turned over 
        to the State for sale, in accordance with subsection (f).
            (2) Notification.--Any known livestock owner (or owner's 
        agent) shall be notified in writing by certified mail or by 
        personal delivery of the sale and the procedure by which the 
        impounded livestock may be redeemed prior to the sale.
    (e) Redemption.--An owner (or owner's agent) or lienholder of 
record of impounded livestock may redeem the livestock in accordance 
with State law, prior to the time of sale upon settlement with the 
United States under section 153 or adequate showing that there has been 
no violation.
    (f) Sale.--If livestock are not redeemed on or before the date and 
time fixed for sale, the livestock shall be offered at public sale to 
the highest bidder by the authorized officer under State law, or by the 
State.

                         Subtitle G--Procedure

SEC. 161. PROPOSED DECISIONS.

    (a) Proposed Decisions on Grazing Permits or Grazing Leases.--
            (1) Service on applicants, permittees, lessees, and 
        lienholders.--In the absence of a written agreement between an 
        authorized officer and any applicant, grazing permittee, 
        lessee, or lienholder, 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--
                    (A) a proposed action on an application for a 
                grazing permit, grazing lease, or range improvement 
                permit; or
                    (B) a proposed action relating to a term or 
                condition of a grazing permit, grazing lease, or range 
                improvement permit.
            (2) Contents.--A proposed decision described in paragraph 
        (1) shall--
                    (A) state reasons for the action, including 
                reference to pertinent provision of this title or other 
                applicable law (including regulations); and
                    (B) state that any protest to the proposed decision 
                must be filed not later than 15 days after service.
    (b) Proposed Decisions on Alleged Violations.--
            (1) Service.--If the authorized officer determines that a 
        permittee or lessee appears to have violated any provision of 
        this title, the authorized officer shall serve a proposed 
        decision on the permittee or lessee (or permittee's or lessee's 
        agent) by certified mail or personal delivery.
            (2) Contents.--A proposed decision shall--
                    (A) state--
                            (i) the alleged violation and refer to the 
                        specific provision of this title that is 
                        alleged to have been violated;
                            (ii) the reasons for the proposed decision;
                            (iii) the fee due under section 137(a) or 
                        settlement amount due under section 153; and
                            (iv) any civil penalty to be imposed under 
                        section 141; and
                    (B) state that any protest to the proposed decision 
                must be filed not later than 15 days after service.

SEC. 172. PROTESTS.

    An applicant, permittee, lessee, or other affected interest may 
protest a proposed decision under section 161 in person or in writing 
to the authorized officer within 15 days after service of the proposed 
decision.

SEC. 163. FINAL DECISIONS.

    (a) No Protest.--In the absence of a timely filed protest, a 
proposed decision 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.--After reviewing the protest, the authorized officer 
shall serve a final decision on the parties to the proceeding.

SEC. 164. APPEALS.

    (a) In General.--In the case of a final decision of an authorized 
officer with respect to which a protest under section 162 was timely 
filed, a permittee, lessee, or affected interest may appeal the final 
decision for the purpose of a hearing before an administrative law 
judge by filing a notice of appeal in the office of the authorized 
officer within 30 days after the service of the final decision.
    (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.--
                    (A) In general.--A District Manager of the Bureau 
                of Land Management may order that a decision on a 
                grazing permit application shall remain in effect 
                during an appeal of the decision if it is determined 
                that imminent and irreversible damage to land resources 
                would be likely to result from delay of effectiveness 
                of the decision.
                    (B) Basis of order.--An order under subparagraph 
                (A) shall be made in accordance with--
                            (i) state-of-the-art science;
                            (ii) information and opinions offered by 
                        State land grant universities; and
                            (iii) the preponderance of evidence 
                        gathered in the proceeding.
    (c) Expeditious Dismissal of Nonmeritorious Appeals.--The District 
Manager shall--
            (1) examine each appeal as soon as practicable after it is 
        filed; and
            (2) expeditiously dismiss an appeal that does not raise a 
        substantially meritorious issue.
    (d) Authority.--A final decision of an appeal shall be issued by a 
District Manager.

                    Subtitle H--Advisory Committees

SEC. 171. PURPOSE.

    This subtitle contains standards and procedures for the 
establishment, operation, and termination of advisory committees to 
advise the Secretary on matters relating to grazing on Federal land and 
resources under the administrative jurisdiction of the Bureau of Land 
Management.

SEC. 172. OBJECTIVE.

    The objective of an advisory committee established under this 
subtitle is to provide to the Secretary expert recommendations of 
concerned, knowledgeable citizens and public officials regarding--
            (1) the formulation of operating guidelines; and
            (2) the preparation and execution of plans and programs for 
        the use and management of Federal land, the natural and 
        cultural resources on Federal land, and the environment.

SEC. 173. RELATION TO OTHER LAW.

    Except to the extent that the following laws may be inconsistent 
with this subtitle, the following laws shall apply to an advisory 
committee established under this subtitle:
            (1) The Federal Advisory Committee Act (5 U.S.C. App.).
            (2) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            (3) Section 2 of Reorganization Plan No. 3 of 1950 (5 
        U.S.C. App.).

SEC. 174. POLICY.

    (a) In General.--After consultation, cooperation, and coordination 
with State and local government officials, the Secretary shall 
establish advisory committees representative of major citizens' 
interests to advise the Secretary regarding policy formulation, program 
planning, decisionmaking, attainment of program objectives, and 
achievement of improved program coordination and economies in the 
management of Federal land and resources.
    (b) Optimal Employment.--The Secretary shall ensure that--
            (1) advisory committees are optimally utilized; and
            (2) the number of advisory committees is limited to the 
        number that is essential to the conduct of the public's 
        business.

SEC. 175. GENERAL PROVISIONS.

    (a) Charters.--
            (1) In general.--For each advisory committee established by 
        the Secretary, the Secretary shall--
                    (A) prepare a charter describing the advisory 
                committee's structure and functions; and
                    (B) file the charter with the Committee on Energy 
                and Natural Resources of the Senate and the Committee 
                on Resources of the House of Representatives.
            (2) Amendment.--Except for the correction of errors and 
        other minor changes, a charter filed under paragraph (1) shall 
        not be amended without authorization by an Act of Congress.
    (b) Calls for Nominations.--Candidates for appointment to an 
advisory committee shall be sought through public calls for nominations 
made through publication in the Federal Register and through media 
releases and systematic contacts with State and local government 
officials and individuals and organizations interested in the use and 
management of Federal land and resources.
    (c) Composition.--
            (1) Structure.--An advisory committee shall be structured--
                    (A) to provide fair membership balance (geographic 
                and interest-specific) in terms of
                 the functions to be performed and points of view to be 
represented, as prescribed by the advisory committee's charter; and
                    (B) to provide representative advice about Federal 
                land and resource planning, retention, management, and 
                disposal.
            (2) No discrimination.--No person shall be denied an 
        opportunity to serve on an advisory committee because of race, 
        age, sex, religion, or national origin.
            (3) Qualifications.--A person shall be qualified to serve 
        on an advisory committee if--
                    (A) the person's education, training, or experience 
                enables the person to give informed and objective 
                advice regarding an industry, discipline, or interest 
                specified in the committee's charter;
                    (B) the person has demonstrated experience or 
                knowledge of the geographical area under the purview of 
                the advisory committee; and
                    (C) the person has demonstrated a commitment to 
                seeking consensus solutions to resource management 
                issues.
    (d) Avoidance of Conflicts of Interest.--
            (1) Participation in deliberations.--An advisory committee 
        member shall not participate in deliberations or vote on any 
        matter if the decision of the matter would, on its face or as 
        applied, affect only an interest held by that member and not 
        the interests of permittees, lessees, or other affected 
        interests generally.
            (2) Disclosure of interests.--
                    (A) In general.--Each member of an advisory 
                committee shall be required to disclose the member's 
                direct or indirect interest in grazing leases, 
                licenses, permits, contracts, or claims and related 
                litigation that involve lands or resources administered 
                by the Secretary.
                    (B) Definition.--In this paragraph, the term 
                ``indirect interest'' includes holdings of a spouse or 
                dependent children of a member.
    (e) 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 
                elected or 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.
    (f) Compensation and Reimbursement of Expenses.--A member of an 
advisory committee shall not receive any compensation or reimbursement 
of expenses in connection with the performance of the member's duties 
as a member of the advisory committee.

SEC. 176. RESOURCE ADVISORY COUNCILS.

    (a) Resource Advisory Council for Each Grazing District.--The 
Secretary, after consultation, cooperation, and coordination with the 
State and affected counties, shall appoint not fewer than 9 nor more 
than 15 persons to serve on a resource advisory council for each 
grazing district.
    (b) Membership.--
            (1) Representation of interests.--The members of a resource 
        advisory council shall be selected from among persons that 
        represent historical use, multiple uses, affected landowners, 
        county social and economic interests, elected State and county 
        officers, and the public at large.
            (2) Permittees and lessees.--Permittees and lessees may be 
        appointed to serve on a resource advisory council.
            (3) Residency.--Members of a resource advisory council 
        shall be residents of the State in which the grazing district 
        is situated.
            (4) Terms.--
                    (A) In general.--A member of a resource advisory 
                council shall serve a 3-year term, except that as 
                nearly as possible one-third of the initial members 
                shall be appointed for a 1-year term and one-third of 
                the initial members shall be appointed for a 2-year 
                term.
                    (B) Members ex officio.--On the departure from 
                elective office of a member of a resource advisory 
                council who was appointed on the basis of the member's 
                status as an elected official of general purpose 
                government serving the people of the grazing district 
                for which the resource advisory council is established 
                prior to the end of the member's term, the newly 
                elected official shall serve the remainder of the 
                member's term.
                    (C) Vacancies.--A vacancy occurring by reason of 
                removal, resignation, or death of a
                 member of a resource advisory council shall be filled 
for the balance of the member's term using the same method by which the 
member was appointed.
                    (D) Reappointment.--
                            (i) Second consecutive term.--A member of a 
                        resource advisory council who has served a 3-
                        year term on a resource advisory council may be 
                        reappointed to a second consecutive 3-year 
                        term.
                            (ii) Subsequent term.--A member of a 
                        resource advisory council who has served 2 
                        consecutive 3-year terms may be subsequently 
                        reappointed no earlier than 3 years after the 
                        member's last date of membership on that 
                        resource advisory council, except that the 
                        Secretary may reappoint the member to a 1-year 
                        term if the Secretary determines that the 
                        member's continued or renewed service on the 
                        resource advisory council is in the public 
                        interest and is critical to the effective 
                        functioning of the resource advisory council.
                    (E) Date of appointment.--For the purpose of 
                eligibility for reappointment under subparagraph (C) or 
                (D), an appointment shall be considered to be made on 
                January 1 of the first year of the term to which a 
                member is appointed regardless of the date on which the 
                appointment is actually made.
    (c) Responsibilities.--
            (1) In general.--A resource advisory council shall have the 
        responsibility of advising the Secretary and appropriate State 
        officials on major management decisions while working within 
        the broad management goals established for the grazing 
        district.
            (2) Land use plans.--A resource advisory council shall 
        advise the Secretary regarding the preparation, amendment, and 
        implementation of land use plans for Federal land and resources 
        within the grazing district.
            (3) Allocation and expenditure of funds.--Except for the 
        purposes of long-range planning and the establishment of 
        resource management priorities, a resource advisory council 
        shall not provide the Secretary advice regarding--
                    (A) the allocation or expenditure of funds; or
                    (B) personnel actions.
    (d) 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 unanimous 
        vote of its members, request that the Secretary respond 
        directly to the resource 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.
    (e) Administrative Support.--Administrative support for a resource 
advisory council shall be provided by the office of the authorized 
officer.

SEC. 177. GRAZING ADVISORY COUNCILS.

    (a) Grazing Advisory Council for Each Grazing District.--The 
Secretary, in consultation with the State and affected counties, shall 
appoint not fewer than 5 nor more than 9 persons to serve on a grazing 
advisory council for each grazing district.
    (b) Membership.--
            (1) Representation of interests.--The members of a grazing 
        advisory council shall be selected from among persons that 
        represent permittees, lessees, affected landowners, county 
        social and economic interests, and elected State and county 
        officers.
            (2) Permittees and lessees.--Permittees and lessees shall 
        constitute the majority of the membership of a grazing advisory 
        council.
            (3) Residency.--Members of a grazing advisory council shall 
        be residents of a community within or adjacent to the grazing 
        district.
            (4) Terms.--An appointment to a grazing advisory council 
        shall be for a 2-year term.
            (5) Reappointment.--A member of a grazing advisory council 
        may be appointed to additional terms.
    (c) Responsibilities.--A grazing advisory council shall set range 
improvement objectives, advise on the expenditure of range improvement 
funds under the Public Rangelands Improvement Act of 1978 (43 U.S.C. 
1901 et seq.), advise on grazing management programs and 
implementation, and address range management decisions and actions at 
the allotment management plan level or permit management plan level.
    (d) 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.

SEC. 178. MEETINGS.

    (a) In General.--All meetings of an advisory committee and 
associated field examinations shall be open to the public and news 
media.
    (b) Notice of Meetings.--
            (1) In general.--A notice of a meeting of an advisory 
        committee shall be published in the Federal Register and 
        distributed to the news media at least 30 days in advance of 
        the meeting.
            (2) Urgent matters.--If an urgent matter arises, a notice 
        of a meeting of an advisory committee shall be published in the 
        Federal Register and distributed to the news media at least 15 
        days in advance of the meeting.
            (3) Contents.--A notice of a meeting of an advisory 
        committee shall state the date, time, and place of the meeting 
        and describe the topics or issues to be discussed at the 
        meeting.
    (c) Appearances.--Any person may appear before or file a statement 
with an advisory committee regarding matters on the meeting agenda.
    (d) Scheduling.--The scheduling of meetings of an advisory 
committee and the preparation of agenda shall be done in a manner that 
encourages and facilitates public attendance and participation.
    (e) Extension of Time.--The amount of time scheduled for a meeting 
of an advisory committee may be extended if an authorized officer 
considers it necessary to accommodate all who seek to be heard 
regarding matters on the agenda.
    (f) Authority To Schedule.--An advisory committee shall meet only 
at the call of the Secretary or of an authorized officer.
    (g) Attendance by Authorized Officer.--No meeting of an advisory 
committee shall be held in the absence of an authorized officer or 
designee of an authorized officer.
    (h) Agenda.--A meeting of an advisory committee shall be conducted 
with close adherence to the agenda approved in advance by an authorized 
officer.
    (i) Adjournment.--An authorized officer may adjourn a meeting of an 
advisory committee at any time if--
            (1) continuance would be inconsistent with the purpose for 
        which the meeting was called or with the rules established for 
        the conduct of the advisory committee; or
            (2) adjournment is determined to be in the public interest.
    (j) Records.--
            (1) In general.--Detailed records shall be kept of each 
        meeting of an advisory committee.
            (2) Requirements.--The records of a meeting of an advisory 
        committee shall include, at a minimum--
                    (A) the time and place of the meeting;
                    (B) copies of the Federal Register and other public 
                notices announcing the meeting;
                    (C) a list of members of the advisory committee and 
                of Federal employees (in the capacity of Federal 
                employee) present;
                    (D) a list of members of the public present, and a 
                description of the interest represented by each member;
                    (E) the meeting agenda;
                    (F) a complete summary description of matters 
                discussed and conclusions reached;
                    (G) a list of recommendations made by the advisory 
                committee;
                    (H) copies of all reports received, issued, or 
                approved by the advisory committee; and
                    (I) a description of the nature of public 
                participation.
            (3) Certification by chairperson.--The Chairperson of an 
        advisory committee shall certify the accuracy of the records of 
        the advisory committee.
            (4) Availability for inspection and copying.--All records, 
        reports, transcripts, minutes, recommendations, studies, 
        working papers, and other documents prepared by or submitted to 
        an advisory committee shall be available for public inspection
         and copying in the Federal office responsible for support of 
the advisory committee.
    (k) Subcommittees.--Each of the requirements of this section that 
applies to an advisory committee applies to any subcommittee of an 
advisory committee.

SEC. 179. 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 ``grazing advisory councils established under 
section 177 of the Livestock Grazing Act''.
    (b) Repeal.--Section 403 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1753) is repealed.

                          Subtitle I--Reports

SEC. 181. REPORTS.

    (a) In General.--Not later than March 1, 1997, and annually 
thereafter, the Secretary 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 Secretary shall indicate with specificity the costs associated with 
implementation of each such statute.
    (c) Suspension of Implementation of Other Law in Absence of 
Report.--During any period in which a report due to be submitted under 
subsection (a) has not been submitted in accordance with the 
requirements of this section, the Secretary shall conduct livestock 
grazing management on Federal land without regard to any law other than 
a statute cited in section 102.

                          TITLE II--GRASSLAND

SEC. 201. REMOVAL OF GRASSLANDS FROM NATIONAL FOREST SYSTEM.

    (a) Findings.--Congress finds that the inclusion of the National 
Grasslands (and land utilization projects administered under title III 
of the Bankhead-Jones Farm Tenant Act) within the National Forest 
System constrains the Secretary of Agriculture in managing the National 
Grasslands as intended under title III of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010 et seq.).
    (b) Amendment of the Forest and Rangeland Renewable Resources 
Planning Act of 1974.--Section 11(a) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) is amended 
in the second sentence by striking ``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),''.
    (c) Amendment of the Bankhead-Jones Farm Tenant Act.--Section 31 of 
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is amended by adding 
the following:

``SEC. 31. LAND CONSERVATION AND LAND UTILIZATION.

    ``(a) Program.
            ``(1) In general.--To accomplish the purposes of the 
        Livestock Grazing Act, the Secretary shall develop a program of 
        land conservation and utilization as a basis for grassland 
        agriculture, to promote secure occupancy and economic stability 
        of farms, and thus assist in controlling soil erosion, 
        preserving natural resources, protecting fish and wildlife, 
        developing and protecting recreational facilities, mitigating 
        flood damage, preventing impairment of dams and reservoirs, 
        developing energy resources, protecting the watersheds of 
        navigable streams, conserving surface and subsurface moisture, 
        and protecting public land, health, safety and welfare.
            ``(2) Limitation.--In carrying out paragraph (1), the 
        Secretary shall not build an industrial park or establish a 
        private industrial or commercial enterprise.
    ``(b) Livestock Grazing Leases.--The Secretary, in cooperation and 
coordination with grazing associations, shall issue renewable livestock 
grazing leases to achieve the land conservation and utilization goals 
of this section.''.
    (d) Conservation Programs.--In managing livestock grazing on 
National Grasslands under title I, the Secretary of the Interior may 
continue to establish and implement conservation programs authorized by 
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et 
seq.).
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