[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2493 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2493

To establish a mechanism by which the Secretary of Agriculture and the 
    Secretary of the Interior can provide for uniform management of 
                  livestock grazing on Federal lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 1997

   Mr. Smith of Oregon (for himself, Mr. Stenholm, Mr. Sessions, Mr. 
Stump, Mr. Barrett of Nebraska, Mrs. Emerson, Mr. Tiahrt, Mr. Hastings 
of Washington, Mr. Cunningham, Mr. Gibbons, Mr. Pombo, Mr. Herger, Mr. 
 Bono, Mr. Watkins, Mr. Hall of Texas, Mr. Peterson of Minnesota, Mr. 
Lewis of Kentucky, Mr. Radanovich, Mr. Bishop, Mr. Hill, Mr. Taylor of 
 North Carolina, Mr. Calvert, Mr. Riggs, Mr. Fazio of California, Mr. 
   Condit, Mr. Dooley of California, Mr. Hayworth, and Mr. Moran of 
   Kansas) introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a mechanism by which the Secretary of Agriculture and the 
    Secretary of the Interior can provide for uniform management of 
                  livestock grazing on Federal lands.

    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 ``Forage Improvement 
Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Rules of construction.
Sec. 3. Coordinated administration.
            TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LANDS

Sec. 101. Application of title.
Sec. 102. Definitions.
Sec. 103. Renewal of a grazing permit or lease.
Sec. 104. Monitoring and inspection.
Sec. 105. Subleasing.
Sec. 106. Fees and charges.
Sec. 107. Resource advisory councils.
                        TITLE II--MISCELLANEOUS

Sec. 201. Effective date.
Sec. 202. Issuance of new regulations.

SEC. 2. RULES OF CONSTRUCTION.

    (a) Limitation on Application.--Nothing in this Act shall be 
construed to affect grazing in any unit of the National Park System or 
National Wildlife Refuge System, on any lands that are not Federal 
lands (as defined in section 102), or on any lands that are held by the 
United States in trust for the benefit of Indians.
    (b) Multiple Use Activities Not Affected.--Nothing in this Act 
shall be construed to limit or preclude the use of, and access to, 
Federal lands (as defined in section 102) for hunting, fishing, 
recreational, watershed management, or other appropriate multiple use 
activities in accordance with applicable Federal and State laws and the 
principles of multiple use.
    (c) Valid Existing Rights.--Nothing in this Act shall be construed 
to affect valid existing rights, reservations, agreements, or 
authorizations under Federal or State law.
    (d) Access to Nonfederally Owned Land.--Section 1323(a) of Public 
Law 96-487 (16 U.S.C. 3210(a)) shall continue to apply with regard to 
access to nonfederally owned lands.

SEC. 3. COORDINATED ADMINISTRATION.

    To the maximum extent practicable, the Secretary of Agriculture and 
the Secretary of the Interior shall provide for consistent and 
coordinated administration of livestock grazing and management of 
Federal lands (as defined in section 102), consistent with the laws 
governing such lands.

            TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LANDS

SEC. 101. APPLICATION OF TITLE.

    (a) Forest Service Lands.--This title applies to the management of 
grazing on National Forest System lands, including the National 
Grasslands, by the Secretary of Agriculture under the following laws:
            (1) The 11th undesignated paragraph under the heading 
        ``surveying the public lands'' under the heading ``UNDER THE 
        DEPARTMENT OF THE INTERIOR'' in the Act of June 4, 1897 
        (commonly known as the Organic Administration Act of 1897) (30 
        Stat. 35, second full paragraph on that page; 16 U.S.C. 551).
            (2) Sections 11, 12, and 19 of the Act of April 24, 1950 
        (commonly known as the Granger-Thye Act of 1950) (64 Stat. 85, 
        88, chapter 97; 16 U.S.C. 580g, 580h, 580l).
            (3) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 
        528 et seq.).
            (4) The Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1600 et seq.).
            (5) The National Forest Management Act of 1976 (16 U.S.C. 
        472a et seq.).
            (6) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            (7) The Public Rangelands Improvement Act of 1978 (43 
        U.S.C. 1901 et seq.).
            (8) The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et 
        seq.).
    (b) Bureau of Land Management Lands.--This title applies to the 
management of grazing on Federal lands administered by the Secretary of 
the Interior, acting through the Director of the Bureau of Land 
Management, under the following laws:
            (1) 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.).
            (2) 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.).
            (3) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            (4) The Public Rangelands Improvement Act of 1978 (43 
        U.S.C. 1901 et seq.).
    (c) Certain Other United States Lands.--This title also applies to 
the management of grazing by the Secretary concerned on behalf of the 
head of another department or agency of the Federal Government under a 
memorandum of understanding.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Allotment.--The term ``allotment'' means an area of 
        Federal land subject to an adjudicated or apportioned grazing 
        preference that is appurtenant to a commensurate base property.
            (2) Authorized officer.--The term ``authorized officer'' 
        means a person authorized by the Secretary concerned to 
        administer this title, the laws cited in section 101, and 
        regulations issued under this title and such laws.
            (3) Base property.--The term ``base property'' means 
        private land, water, or water rights owned or leased by a 
        permittee or lessee to which a Federal allotment is 
        appurtenant.
            (4) Commensurate.--The term ``commensurate'' means private 
        property of sufficient productivity to support the feed or 
        water needs (or both) of livestock during the period of time 
        that such livestock are not physically on the Federal 
        allotment.
            (5) Consultation, cooperation, and coordination.--For the 
        purposes of this title (and section 402(d) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1752(d))), the 
        term ``consultation, cooperation, and coordination'' means to 
        engage in good faith efforts to fully communicate and provide 
        for a mutually supported action to achieve a mutually agreed 
        purpose.
            (6) Cooperative management agreement.--The term 
        ``cooperative management agreement'' means a written agreement 
        between the Secretary concerned (or a designee of the Secretary 
        concerned) and a permittee or lessee that--
                    (A) is consistent with and incorporates by 
                reference relevant provisions of existing land use 
                plans; and
                    (B) provides the permittee or lessee with the 
                opportunity to exercise management flexibility beyond 
                the limits of an allotment management plan or a grazing 
                permit or lease that is not issued pursuant to a 
                cooperative management agreement.
            (7) Coordinated resource management.--The term 
        ``coordinated resource management'' means the planning and 
        implementation of voluntary management activities in a 
        specified area that involves the consultation, cooperation, and 
        coordination of the Forest Service or the Bureau of Land 
        Management (or both) with affected State or Federal agencies, 
        private land owners, and users of Federal lands.
            (8) Federal lands.--The term ``Federal land'' means land 
        outside the State of Alaska that is owned by the United States 
        and is--
                    (A) included in the National Forest System; or
                    (B) administered by the Secretary of the Interior, 
                acting through the Director of the Bureau of Land 
                Management.
            (9) Grazing permit or lease.--The term ``grazing permit or 
        lease'' means a document authorizing use of Federal land for 
        the purpose of grazing livestock--
                    (A) within a grazing district under section 3 of 
                the Act of June 28, 1934 (commonly known as the Taylor 
                Grazing Act) (48 Stat. 1270, chapter 865; 43 U.S.C. 
                315b);
                    (B) outside grazing districts under section 15 of 
                the Act of June 28, 1934 (commonly known as the Taylor 
                Grazing Act) (48 Stat. 1275, chapter 865; 43 U.S.C. 
                315m);
                    (C) on National Forest System lands under section 
                19 of the Act of April 24, 1950 (commonly known as the 
                Granger-Thye Act of 1950) (64 Stat. 88, chapter 97; 16 
                U.S.C. 580l); or
                    (D) on a National Grassland under the Bankhead-
                Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
            (10) Inspection.--The term ``inspection'' means to enter 
        upon a Federal allotment for the purpose of conducting 
        monitoring activities or to assess whether or not the permittee 
        or lessee is conducting livestock grazing operations in 
        compliance with the terms and conditions of a grazing permit or 
        lease.
            (11) Land use plan.--The term ``land use plan'' means--
                    (A) a land and resource management plan prepared by 
                the Forest Service pursuant to section 6 of the Forest 
                and Rangeland Renewable Resources Planning Act of 1974 
                (16 U.S.C. 1604) for a unit of the National Forest 
                System or a National Grassland; or
                    (B) a resource management plan (or 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.) for Federal land administered 
                by the Bureau of Land Management.
            (12) Monitoring.--The term ``monitoring'' means the orderly 
        collection of information using scientifically-based techniques 
        to determine trend and condition of forage and related 
        resources on Federal land. Such information may include 
        historical information, but must be objective and reliable. 
        Such information shall be used to evaluate--
                    (A) the effects of ecological changes and 
                management actions and forage and related resources; 
                and
                    (B) the effectiveness of actions in meeting 
                management objectives.
            (13) National forest system.--The term ``National Forest 
        System'' has the meaning given such term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (14) National grassland.--The term ``National Grassland'' 
        means a unit of the National Forest System that was managed as 
        a National Grassland by the Secretary of Agriculture under the 
        Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.) on May 
        25, 1995.
            (15) Resource advisory council.--The term ``Resource 
        Advisory Council'' means a Resource Advisory Council 
        established jointly by the Secretary of Agriculture and the 
        Secretary of the Interior under section 107.
            (16) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                the National Forest System and the National Grasslands; 
                and
                    (B) the Secretary of the Interior, with respect to 
                other Federal lands.
            (17) Sixteen contiguous western states.--The term ``sixteen 
        contiguous Western States'' means the States of Arizona, 
        California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, 
        New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, 
        Washington, and Wyoming.
            (18) Sublease.--The term ``sublease'' means an agreement by 
        a permittee or lessee that allows grazing on Federal land by 
        livestock not owned or controlled by the permittee or lessee.

SEC. 103. RENEWAL OF A GRAZING PERMIT OR LEASE.

    (a) Renewal at End of Term.--The Secretary concerned shall renew a 
grazing permit or lease at the end of the term of the grazing permit or 
lease if--
            (1) the land for which the grazing permit or lease is 
        issued remains available for domestic livestock grazing;
            (2) the permittee or lessee holding the grazing permit or 
        lease is in compliance with this title and the terms and 
        conditions of the grazing permit or lease; and
            (3) the permittee or lessee accepts the terms and 
        conditions included by the authorized officer in consultation, 
        cooperation, and coordination with the permittee or lessee.
    (b) Prohibited Condition.--Access across private property shall not 
be required as a condition for the renewal of a grazing permit or 
lease.

SEC. 104. MONITORING AND INSPECTION.

    (a) Monitoring.--The monitoring of resource conditions and trends 
on Federal land within an allotment shall be performed by qualified 
persons approved by the Secretary concerned and selected only from 
among the following persons:
            (1) Federal, State, or local government personnel.
            (2) Professional consultants retained by the United States.
            (3) Grazing permittees and lessees.
    (b) Inspection.--The inspection of a grazing allotment shall be 
performed by qualified Federal, State, or local agency personnel or 
qualified consultants retained by the United States.
    (c) Monitoring Criteria and Protocols.--Monitoring shall be 
conducted according to regional or State criteria and protocols that 
are scientifically based and site specific.
    (d) Notice.--In conducting monitoring activities, the Secretary 
concerned shall provide reasonable notice of such activities to 
permittees or lessees, including prior notice to the extent practicable 
of not less than 48 hours.

SEC. 105. SUBLEASING.

    (a) In General.--The Secretary concerned shall only authorize 
subleasing with respect to a grazing permit or lease, in whole or in 
part--
            (1) if the permittee or lessee is unable to make full 
        grazing use of the permit or lease due to ill health or death;
            (2) under a cooperative agreement with a grazing permittee 
        or lessee (or group of grazing permittees or lessees); or
            (3) if the grazing permit lease is issued to a grazing 
        association whose members or shareholders have exclusive rights 
        to graze livestock on the Federal lands allotted to the grazing 
        association.
    (b) Treatment of Ownership by Relatives.--
            (1) In general.--Livestock owned by a relative described in 
        paragraph (2) of a permittee or lessee shall be considered as 
        owned by the permittee or lessee for purposes of this title.
            (2) Covered relatives.--A relative referred to in paragraph 
        (1), with respect to a permittee or lessee, means a spouse, a 
        parent or spouse of a parent, a grandparent or spouse of a 
        grandparent, a sibling or spouse of a sibling, a child, or a 
        grandchild of the permittee or lessee.
    (c) Treatment of Lease or Sublease of Base Property.--The leasing 
or subleasing of the base property of a permittee or lessee, in whole 
or in part, shall not be considered to be a sublease of a grazing 
permit or lease. The grazing preference associated with such base 
property shall be transferred to the person controlling the leased or 
subleased base property, and all terms and conditions of the existing 
grazing permit or lease, or cooperative management agreement and the 
covenants of the allotment management, if such exists, shall bind such 
person.
    (d) Coordinated Resource Management Practices.--
            (1) Use encouraged.--The Secretary concerned may encourage 
        the use of coordinated resource management practices when such 
        practices are authorized under a cooperative management 
        agreement entered into with a permittee or lessee (or an 
        organized group of permittees or lessees) in a specified 
        geographic area. The coordinated resource management practices 
        shall be--
            (A) scientifically based; and
            (B) consistent with goals and management objectives of the 
        applicable land use plan.
            (2) Federal advisory committee act.--Activities under this 
        subsection shall be exempt from the Federal Advisory Committee 
        Act (5 U.S.C. App.).

SEC. 106. FEES AND CHARGES.

    (a) Grazing Fees.--The fee for each animal unit month in a grazing 
fee year for livestock grazing on Federal lands in the sixteen 
contiguous western States shall be equal to the 12-year average of the 
total gross value of production for beef cattle for the 12 years 
preceding the grazing fee year, multiplied by the 12-year average of 
the United States Treasury Securities six-month bill ``new issue'' 
rate, and divided by 12. The gross value of production for beef cattle 
shall be determined by the Economic Research Service of the Department 
of Agriculture in accordance with subsection (e)(1).
    (b) Definition of Animal Unit Month.--For the purposes of billing 
only, the term ``animal unit month'' means one month's use and 
occupancy of range by--
            (1) one cow, bull, steer, heifer, horse, burro, or mule, 
        seven sheep, or seven goats, each of which is six months of age 
        or older on the date on which the animal begins grazing on 
        Federal land;
            (2) any such animal regardless of age if the animal is 
        weaned on the date on which the animal begins grazing on 
        Federal land; and
            (3) any such animal that will become 12 months of age 
        during the period of use authorized under a grazing permit.
    (c) Livestock Not Counted.--There shall not be counted as an animal 
unit month the use of Federal land for grazing by an animal that is 
less than six months of age on the date on which the animal begins 
grazing on such land and is the progeny of an animal on which a grazing 
fee is paid if the animal is removed from such land before becoming 12 
months of age.
    (d) Other Fees and Charges.--
            (1) Crossing permits, transfers, and billing notices.--The 
        Secretary concerned shall assess a service charge 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 reasonable 
        processing costs and shall be adjusted periodically as such 
        costs change, but in no case shall such fees and charges exceed 
        the actual administrative and processing costs incurred by the 
        Secretary concerned.
            (3) Notice of changes.--Notice of a change in a service 
        charge shall be published in the Federal Register.
    (e) Criteria for Economic Research Service.--
            (1) Gross value of production of beef cattle.--The Economic 
        Research Service of the Department of Agriculture shall 
        continue to compile and report the gross value of production of 
        beef cattle, on a dollars-per-bred-cow basis for the United 
        States, as is currently published by the Service in: ``Economic 
        Indicators of the Farm Sector: Cost of Production--Major Field 
        Crops and Livestock and Dairy'' (Cow-calf production cash costs 
        and returns).
            (2) Availability.--For the purposes of determining the 
        grazing fee for a given grazing fee year, the gross value of 
        production (as described above) for the previous calendar year 
        shall be made available to the Secretary concerned, and 
        published in the Federal Register, on or before February 15 of 
        each year.

SEC. 107. RESOURCE ADVISORY COUNCILS.

    (a) Establishment.--The Secretary of Agriculture and the Secretary 
of the Interior, in consultation with the Governor of the affected 
State, shall jointly establish and operate a Resource Advisory Council 
on a State, regional, or local level to provide advice on management 
issues regarding Federal lands within the area to be covered by such 
Council. A Resource Advisory Council is not required in any State, 
region, or local area in which the Secretaries jointly determine that 
there is insufficient interest in participation on a Resource Advisory 
Council to ensure that membership can be fairly balanced in terms of 
the points of view represented and the functions to be performed.
    (b) Duties.--Each Resource Advisory Council shall advise the 
Secretary concerned and appropriate State officials on--
            (1) matters regarding the preparation, amendment, and 
        implementation of land use plans and activity plans for Federal 
        lands (and resources thereof) within the area covered by the 
        Council; and
            (2) major management decisions, while working within the 
        broad management objectives established for such Federal lands.
    (c) Voting.--All decisions and recommendations by a Resource 
Advisory Council shall be on the basis of a majority vote of its 
members.
    (d) Disregard of Advice.--If a Resource Advisory Council becomes 
concerned that its advice is being arbitrarily disregarded, the 
Resource Advisory Council may request that the Secretary concerned 
respond directly to the Resource Advisory Council's concerns within 60 
days after the Secretary receives the request. The response of the 
Secretary concerned to such a request shall not--
            (1) constitute a decision on the merits of any issue that 
        is or might become the subject of an administrative appeal; or
            (2) be subject to appeal.
    (d) Membership.--
            (1) Numbers.--The Secretary of Agriculture and the 
        Secretary of the Interior, in consultation with the Governor of 
        the affected State or States, shall jointly appoint the members 
        of each Resource Advisory Council. A Council shall consist of 
        not less than nine members and not more than fifteen members.
            (2) Representation.--In appointing members to a Resource 
        Advisory Council, the Secretaries shall provide for balanced 
        and broad representation of permittees and lessees holding a 
        grazing permit or lease and other groups, such as commercial 
        interests, recreational users, representatives of recognized 
        local environmental or conservation organizations, educational, 
        professional, or academic interests, representatives of State 
        and local government or governmental agencies, Indian tribes, 
        and other members of the affected public.
            (3) Inclusion of elected official.--The Secretaries shall 
        appoint as a member of each Resource Advisory Council at least 
        one elected official of a general purpose government serving 
        the people of the area covered by the Council.
            (4) Prohibition on concurrent service.--No person may serve 
        concurrently on more than one Resource Advisory Council.
            (5) Residency requirement.--Members of a Resource Advisory 
        Council must reside in the geographic area covered by the 
        Council.
            (6) Grandfather clause.--A person serving on the date of 
        the enactment of this Act as a member of a advisory council 
        established under section 309(a) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1739(a)) for the purpose of 
        providing advice regarding grazing issues shall serve as a 
        member on the corresponding Resource Advisory Council 
        established under this section for the balance of the person's 
        term as a member on the original advisory council.
    (e) Subgroups.--A Resource Advisory Council may establish such 
subgroups as the Council considers necessary, including working groups, 
technical review teams, and rangeland resource groups.
    (f) Terms.--Resource Advisory Council members shall be appointed 
for two-year terms. Members may be appointed to additional terms at the 
discretion of the Secretaries. The Secretaries, with the concurrence of 
the Governor of the State in which the Council is located, may 
terminate the service of a member of that Council, upon written notice, 
if--
            (1) the member--
                    (A) no longer meets the requirements under which 
                the member was appointed;
                    (B) fails or is unable to participate regularly in 
                the work of the Council; or
                    (C) is convicted of a Federal felony; or
            (2) in the judgment of the Secretaries and the Governor 
        termination is in the public interest.
    (g) Compensation and Reimbursement of Expenses.--A member of a 
Resource Advisory Council shall not receive any compensation in 
connection with the performance of the member's duties, but shall be 
reimbursed for travel within the geographic area covered by the Council 
and per diem expenses only while on official business, as authorized by 
section 5703 of title 5, United States Code.
    (h) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this title, the Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Resource Advisory Councils.
    (i) State Grazing Districts.--Resource Advisory Councils shall 
coordinate and cooperate with State Grazing Districts established 
pursuant to State law.

                        TITLE II--MISCELLANEOUS

SEC. 201. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of the enactment of this Act.

SEC. 202. ISSUANCE OF NEW REGULATIONS.

    The Secretary of Agriculture and the Secretary of the Interior 
shall--
            (1) coordinate the promulgation of new regulations to carry 
        out this Act; and
            (2) publish such regulations simultaneously not later than 
        180 days after the date of the enactment of this Act.

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