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





                                                 Union Calendar No. 201

105th CONGRESS

  1st Session

                               H. R. 2493

                  [Report No. 105-346, Parts I and II]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 24, 1997

      Reported from the Committee on Agriculture with an amendment

                            October 24, 1997

 Reported from the Committee on Resources with an amendment, committed 
  to the Committee of the Whole House on the State of the Union, and 
                         ordered to be printed





                                                 Union Calendar No. 201
105th CONGRESS
  1st Session
                                H. R. 2493

                  [Report No. 105-346, Parts I and II]

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

                            October 24, 1997

      Reported from the Committee on Agriculture with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 24, 1997

   Additional sponsors: Mr. Goodlatte, Mr. Gallegly, Mr. Cannon, Mr. 
           Pickett, Mr. Thomas, Mr. Doolittle, and Mr. McKeon

                            October 24, 1997

 Reported from the Committee on Resources with an amendment, committed 
  to the Committee of the Whole House on the State of the Union, and 
                         ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 18, 1997]

_______________________________________________________________________

                                 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. Prohibited condition on issuance or renewal of grazing 
                            permits and leases.
Sec. 104. Monitoring.
Sec. 105. Subleasing.
Sec. 106. Coordinated resource management practices.
Sec. 107. Fees and charges.
Sec. 108. 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, 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, and access to, 
Federal lands (as defined in section 102) for hunting, fishing, 
recreational, watershed management, 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) Allotment.--The term ``allotment'' means an area of 
        Federal lands 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 specified 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 controlled 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--
                    (A) to fully communicate; and
                    (B) to 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 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).
            (9) 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).
            (10) 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.
            (11) Monitoring.--The term ``monitoring'' means the orderly 
        collection of information using techniques that are 
        scientifically based and professionally accepted to determine 
        trend and condition of forage and related resources on Federal 
        lands. 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 on forage and related resources; and
                    (B) the effectiveness of actions in meeting 
                management objectives.
            (12) 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.).
            (13) 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).
            (14) 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.
            (15) Sublease.--The term ``sublease'' means an agreement by 
        a permittee or lessee that allows grazing on Federal lands by 
        livestock not owned or controlled by the permittee or lessee.

SEC. 103. PROHIBITED CONDITION ON ISSUANCE OR RENEWAL OF GRAZING 
              PERMITS AND LEASES.

    The Secretary concerned may not impose as a condition for the 
issuance or renewal of a grazing permit or lease that the permittee or 
lessee provide access across private property unless the condition is 
limited to access for Federal personnel engaged in authorized land 
management activities.

SEC. 104. MONITORING.

    (a) Monitoring.--The monitoring of resource conditions and trends 
on Federal lands within an allotment shall be performed by a qualified 
person approved by the Secretary concerned and selected only from among 
the following:
            (1) Federal, State, or local government personnel.
            (2) A grazing permittee or lessee.
            (3) A professional consultant retained by the United States 
        or a permittee or lessee.
    (b) Monitoring Criteria and Protocols.--Monitoring shall be 
conducted according to regional or State criteria and protocols that 
are scientifically based, professionally accepted, and site specific.
    (c) Notice.--In conducting 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. 105. SUBLEASING.

    (a) In General.--The Secretary concerned shall authorize subleasing 
with respect to a grazing permit or lease, in whole or in part, only--
            (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 or 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 or controlled 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.

SEC. 106. COORDINATED RESOURCE MANAGEMENT PRACTICES.

    (a) Use of Coordinated Resource Management Practices 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--
            (1) scientifically based; and
            (2) consistent with goals and management objectives of the 
        applicable land use plan.
    (b) Federal Advisory Committee Act.--Activities under this section 
shall be exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.).

SEC. 107. 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 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) 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.
    (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. 108. RESOURCE ADVISORY COUNCILS.

    (a) Establishment Required.--
            (1) Joint establishment.--The Secretary of Agriculture and 
        the Secretary of the Interior 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 in the area to be covered by the Council.
            (2) Establishment by single secretary.--If the Federal 
        lands in an area for which a Resource Advisory Council is to be 
        established are under the jurisdiction of a single Secretary 
        concerned, that Secretary concerned shall be responsible for 
        the establishment and operation of the Resource Advisory 
        Council.
            (3) Exception to requirement.--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.
            (4) Consultation.--The establishment of a Resource Advisory 
        Council for a State, region, or local area shall be made in 
        consultation with the Governor of the affected State.
    (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 is 
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. The 
Secretary concerned shall submit to the Council a written response to 
the request within 60 days after the Secretary receives the request. 
The response of the Secretary concerned 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.
    (e) Membership.--
            (1) Numbers.--The Secretary of Agriculture and the 
        Secretary of the Interior (or the Secretary concerned in the 
        case of a Resource Advisory Council established by a single 
        Secretary) shall appoint the members of each Resource Advisory 
        Council. Such appointments shall be made in consultation with 
        the Governor of the affected State or States. 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 or the Secretary concerned 
        (as the case may be) 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 or the 
        Secretary concerned (as the case may be) 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 an 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.
            (7) 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 or the Secretary concerned (as the case 
may be). The Secretaries or the Secretary concerned (as the case may 
be), 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 no longer meets the requirements under which 
        the member was appointed or fails or is unable to participate 
        regularly in the work of the Council; or
            (2) the Secretaries or the Secretary concerned (as the case 
        may be) and the Governor determine that 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.

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. Prohibited condition regarding grazing permits and leases.
Sec. 104. Monitoring.
Sec. 105. Subleasing.
Sec. 106. Cooperative allotment management plans.
Sec. 107. Fees and charges.
Sec. 108. 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, 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) Allotment.--The term ``allotment'' means an area of 
        Federal lands subject to an adjudicated or apportioned grazing 
        preference that is appurtenant to a base property.
            (2) 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.
            (3) Base property.--The term ``base property'' means 
        private or other non-Federal land, water, or water rights owned 
        or controlled by a permittee or lessee to which a Federal 
        allotment is appurtenant.
            (4) 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--
                    (A) to discuss and exchange views; and
                    (B) to act together toward a common end or purpose.
            (5) 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).
            (6) 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).
            (7) 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.
            (8) 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.).
            (9) 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).
            (10) 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. PROHIBITED CONDITION REGARDING GRAZING PERMITS AND LEASES.

    The Secretary concerned may not impose as a condition on a grazing 
permit or lease that the permittee or lessee provide access across 
private property unless the condition is limited to ingress and egress 
for Federal personnel engaged in authorized activities regarding 
grazing administration on Federal in-holdings.

SEC. 104. MONITORING.

    (a) Monitoring.--The monitoring of conditions and trends of forage 
and related resources 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.--The data collected from such 
monitoring shall include historical data and information, if available, 
but such data or information must be objective and reliable. The data 
and information collected from such monitoring shall be used to 
evaluate--
            (1) the effects of ecological changes and management 
        actions on forage and related resources over time;
            (2) the effectiveness of actions in meeting management 
        objectives contained in applicable land use plans; and
            (3) 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. 105. SUBLEASING.

    (a) Prohibition on Subleasing Grazing Permit or Lease.--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.
    (b) Treatment of Lease or Sublease of Base Property.--The leasing 
or subleasing, in whole or in part, of the base property of a person 
issued a grazing permit or lease shall not be considered a sublease of 
a grazing permit or lease under subsection (a). The grazing preference 
associated with such base property shall be transferred to the person 
controlling the leased or subleased base property.

SEC. 106. COOPERATIVE ALLOTMENT MANAGEMENT PLANS.

    (a) Written Agreements for Outcome-Based Standards.--An allotment 
management plan developed 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. An allotment 
management plan including such a written agreement shall be known as a 
cooperative allotment management plan.
    (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 for the previous five-year period.
    (c) Inclusion of Performance Goals.--A written agreement entered 
into as part of an allotment management plan developed under section 
402(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1752(d)) 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) Federal Advisory Committee Act.--Activities under this section 
shall be exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.).

SEC. 107. 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) Limitation.--The fee determined under paragraph (1) 
        shall be the only grazing fee applicable to livestock owned or 
        controlled by a person issued a grazing permit or lease.
    (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.

SEC. 108. RESOURCE ADVISORY COUNCILS.

    (a) Establishment.--
            (1) Joint establishment.--The Secretary of Agriculture and 
        the Secretary of the Interior may jointly establish and operate 
        a Resource Advisory Council on a State, regional, or local 
        level to provide advice on management issues regarding Federal 
        lands in the area to be covered by the Council.
            (2) Establishment by single secretary.--If the Federal 
        lands in an area for which a Resource Advisory Council is to be 
        established are under the jurisdiction of a single Secretary 
        concerned, that Secretary concerned shall be responsible for 
        the establishment and operation of the Resource Advisory 
        Council.
            (3) Exception.--A Resource Advisory Council shall not be 
        established 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.
            (4) Treatment of existing advisory councils.--To the extent 
        practicable, the Secretaries shall implement this section by 
        modifying existing advisory councils 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.
            (5) Consultation.--The establishment of a Resource Advisory 
        Council for a State, region, or local area shall be made in 
        consultation with the Governor of the affected State.
    (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 within the area covered by the 
        Council; and
            (2) major management decisions, while working within the 
        broad management objectives established for such Federal lands 
        in applicable land use plans.
    (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 is 
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. The 
Secretary concerned shall submit to the Council a written response to 
the request within 60 days after the Secretary receives the request. 
The response of the Secretary concerned 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.
    (e) Membership.--
            (1) Numbers.--The Secretary of Agriculture and the 
        Secretary of the Interior (or the Secretary concerned in the 
        case of a Resource Advisory Council established by a single 
        Secretary) shall appoint the members of each Resource Advisory 
        Council. Such appointments shall be made in consultation with 
        the Governor of the affected State or States. 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 or the Secretary concerned 
        (as the case may be) 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 or the 
        Secretary concerned (as the case may be) 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 an 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.
            (7) 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 or the Secretary concerned (as the case 
may be). The Secretaries or the Secretary concerned (as the case may 
be), 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 no longer meets the requirements under which 
        the member was appointed or fails or is unable to participate 
        regularly in the work of the Council; or
            (2) the Secretaries or the Secretary concerned (as the case 
        may be) and the Governor determine that 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.