[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1111 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1111

To provide suitable alternative grazing arrangements on National Forest 
System land to persons that hold a grazing permit adversely affected by 
the standards and guidelines contained in the Record of Decision of the 
   Sierra Nevada Forest Plan Amendment and pertaining to the Willow 
                   Flycatcher and the Yosemite Toad.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide suitable alternative grazing arrangements on National Forest 
System land to persons that hold a grazing permit adversely affected by 
the standards and guidelines contained in the Record of Decision of the 
   Sierra Nevada Forest Plan Amendment and pertaining to the Willow 
                   Flycatcher and the Yosemite Toad.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SUITABLE ALTERNATIVE GRAZING ARRANGEMENTS FOR SIERRA NEVADA 
              RANCHERS.

    (a) Efforts to Provide Alternative Grazing Arrangements.--The 
Secretary of Agriculture shall undertake best efforts to provide 
suitable alternative grazing arrangements on other National Forest 
System land to a person that holds a permit to graze on National Forest 
System land if the Secretary determines that the permittee's grazing 
privileges will be limited by implementation of the standards and 
guidelines pertaining to the willow flycatcher and the Yosemite Toad 
that are contained in the Record of Decision of the Sierra Nevada 
Forest Plan Amendment (referred to in this section as the 
``guidelines'').
    (b) Categorical Exclusion.--The Secretary may provide, consistent 
with section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332), a categorical exclusion from that Act for alternative 
grazing arrangements provided under subsection (a) without first 
administratively establishing an applicable category of excluded 
actions. No scoping shall be required for any such categorical 
exclusion.
    (c) Delayed Applicability.--Notwithstanding the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
seq.), the guidelines shall not apply during calendar year 2003 to 
grazing activities on any of the following severely affected allotments 
for which the Secretary is unable to provide alternative arrangements:
            (1) The Feather River, Soda Creek/North Butte and Robbers 
        Creek allotments on the Lassen National Forest.
            (2) The Doyle allotment on the Plumas National Forest.
            (3) The Parazzo and Gold Valley allotments on the Tahoe 
        National Forest.
            (4) The Long Valley/Eagle Meadow, Highland Lakes, Cooper 
        and Herring allotments on the Stanislaus National Forest.
            (5) The Blasingame, Kaiser, South Jackass, Iron Creek and 
        Markwood allotments on the Sierra National Forest.
    (d) Issuance of Direction.--Without regard to any other proceeding 
otherwise required by law, the Secretary shall issue direction as soon 
as practicable for calendar year 2003 to minimize harm to the Willow 
Flycatcher and the Yosemite Toad from the grazing activities permitted 
under this section. The Secretary shall hold a public meeting in the 
Stanislaus National Forest and in the Sierra National Forest before 
issuing such direction. The Secretary shall not be required to amend or 
revise any land and resource management plan to issue such direction, 
and shall not be required to comply with any other procedures otherwise 
required by law before issuing such direction.
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