[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2493 Referred in Senate (RFS)]

  1st Session
                                H. R. 2493


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 1997

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
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. Monitoring.
Sec. 104. Subleasing.
Sec. 105. Cooperative allotment management plans.
Sec. 106. Fees and charges.
                        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, in 
any unit of the National Wildlife Refuge System, in any unit of the 
National Forest System 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 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 Federal lands (as 
defined in section 102) for hunting, fishing, recreation, or other 
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 Lands.--Section 1323 of Public Law 
96-487 (16 U.S.C. 3210) 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, 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.).
    (b) Bureau of Land Management Lands.--This title applies to the 
management of grazing on Federal lands administered by the Secretary of 
the Interior 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.).
            (5) The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 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) Authorized officer.--The term ``authorized officer'' 
        means a person authorized by the Secretary concerned to 
        administer this title, the laws specified in section 101, and 
        regulations issued under this title and such laws.
            (2) Federal lands.--The term ``Federal lands'' means lands 
        outside the State of Alaska that are owned by the United States 
        and are--
                    (A) included in the National Forest System; or
                    (B) administered by the Secretary of the Interior 
                under the laws specified in section 101(b).
            (3) Grazing permit or lease.--The term ``grazing permit or 
        lease'' means a document authorizing use of Federal lands 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); or
                    (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).
            (4) 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
                    (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 lands administered 
                by the Bureau of Land Management.
            (5) 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)), except that the term does not include 
        any lands managed as a National Grassland under the Bankhead-
        Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                the National Forest System; and
                    (B) the Secretary of the Interior, with respect to 
                Federal lands administered by the Secretary of the 
                Interior under the laws specified in section 101(b).
            (7) 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.

SEC. 103. MONITORING.

    (a) Monitoring.--The monitoring of resource conditions and trends 
on Federal lands within allotments shall be performed only by qualified 
persons from the following groups:
            (1) Federal, State, and local government personnel.
            (2) Grazing permittees and lessees.
            (3) Professional consultants retained by the United States 
        or a permittee or lessee.
    (b) Monitoring Criteria and Protocols.--Such monitoring shall be 
conducted according to regional or state criteria and protocols 
selected by the Secretary concerned. The monitoring protocols shall be 
site specific, scientifically valid, and subject to peer review. 
Monitoring data shall be periodically verified.
    (c) Types and Use of Data Collected.--
            (1) Use of previously collected data and information.--In 
        addition to using data collected from monitoring conducted 
        under the authority of this section, the Secretary concerned 
        shall consider data and information collected before the date 
        of the enactment of this Act, if available, so long as the 
        historical data and information is objective and reliable.
            (2) Application of criteria and protocols.--The Secretary 
        concerned shall not accept monitoring data that does not meet 
        the requirements of subsection (a) or (b).
            (3) Use of data.--The data and information collected from 
        such monitoring shall be used to evaluate--
                    (A) the effects of ecological changes and 
                management actions on resources over time;
                    (B) the effectiveness of actions in meeting 
                management objectives contained in applicable land use 
                plans; and
                    (C) the appropriateness of resource management 
                objectives.
    (d) Notice.--In conducting such monitoring, the Secretary concerned 
shall provide reasonable notice of the monitoring to affected 
permittees or lessees, including prior notice to the extent practicable 
of not less than 48 hours.

SEC. 104. SUBLEASING.

    A person issued a grazing permit or lease may not enter into an 
agreement with another person to allow grazing on the Federal lands 
covered by the grazing permit or lease by livestock that are neither 
owned nor controlled by the person issued the grazing permit or lease.

SEC. 105. COOPERATIVE ALLOTMENT MANAGEMENT PLANS.

    (a) Written Agreements for Outcome-Based Standards.--An allotment 
management plan or a grazing permit or lease under section 402(d) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)) 
may include a written agreement with a qualified grazing permittee or 
lessee described in subsection (b) (or a group of qualified grazing 
permittees or lessees) that provides for outcome-based standards, 
rather than prescriptive terms and conditions, for managing grazing 
activities in a specified geographic area. At the request of a 
qualified grazing permittee or lessee, the Secretary concerned shall 
consider including such a written agreement in an allotment management 
plan or a grazing permit or lease.
    (b) Qualified Grazing Permittee or Lessee Described.--A qualified 
grazing permittee or lessee referred to in subsection (a) is a person 
issued a grazing permit or lease who has demonstrated sound stewardship 
by meeting or exceeding the forage and rangeland goals contained in 
applicable land use plans and in that person's grazing permit or lease 
for the previous five-year period.
    (c) Inclusion of Performance Goals.--A written agreement authorized 
under subsection (a) shall contain performance goals that--
            (1) are expressed in objective, quantifiable, and 
        measurable terms;
            (2) establish performance indicators to be used in 
        measuring or assessing the relevant outcomes;
            (3) provide a basis for comparing management results with 
        the established performance goals; and
            (4) describe the means to be used to verify and validate 
        measured values.
    (d) Application of Other Laws.--All requirements of law applicable 
to an allotment management plan and a grazing permit or lease under 
section 402(d) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752(d)), including the prohibition against extending the 
term of an existing grazing permit or lease, shall apply to a written 
agreement entered into under subsection (a).
    (e) Federal Advisory Committee Act.--Activities under this section 
shall be exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.).

SEC. 106. FEES AND CHARGES.

    (a) Grazing Fees.--
            (1) Calculation.--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 (d)(1).
            (2) Fee for foreign-owned or controlled grazing permits or 
        leases.--In the case of a grazing permit or lease held or 
        otherwise controlled in whole or in part by a foreign 
        corporation or a foreign individual, the fee shall be equal to 
        the higher of the following:
                    (A) The average grazing fee (weighted by animal 
                unit months) charged by the State during the previous 
                grazing year for grazing on State lands in the State in 
                which the lands covered by the grazing permit or lease 
                are located.
                    (B) The average grazing fee (weighted by animal 
                unit months) charged for grazing on private lands in 
                the State in which the lands covered by the grazing 
                permit or lease are located.
    (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 lands;
            (2) any such animal regardless of age if the animal is 
        weaned on the date on which the animal begins grazing on 
        Federal lands; 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 lands for grazing by an animal that is 
less than six months of age on the date on which the animal begins 
grazing on such lands and is the progeny of an animal on which a 
grazing fee is paid if the animal is removed from such lands before 
becoming 12 months of age.
    (d) 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.
    (e) Treatment of Other Fees and Charges.--
            (1) 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 such costs change, but in 
        no case shall such fees and charges exceed the actual 
        administrative and processing costs incurred by the Secretary 
        concerned.
            (2) Notice of changes.--Notice of a change in a service 
        charge shall be published in the Federal Register.

                        TITLE II--MISCELLANEOUS

SEC. 201. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the first day of the first grazing season beginning after 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.

            Passed the House of Representatives October 30, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.