[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2493 Reported in Senate (RS)]
Calendar No. 589
105th CONGRESS
2d 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
September 18, 1998
Reported by Mr. Murkowski, without amendment
_______________________________________________________________________
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.
Calendar No. 589
105th CONGRESS
2d Session
H. R. 2493
_______________________________________________________________________
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.
_______________________________________________________________________
September 18, 1998
Reported without amendment