[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1129

To amend the Federal Land Policy and Management Act of 1976 to improve 
 the management of grazing leases and permits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2011

 Mr. Barrasso (for himself, Mr. Enzi, Mr. Crapo, Mr. Risch, Mr. Thune, 
  Mr. Heller, and Mr. Hatch) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Land Policy and Management Act of 1976 to improve 
 the management of grazing leases and permits, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grazing Improvement Act of 2011''.

SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.

    Section 402 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752) is amended by striking ``ten years'' each place it 
appears and inserting ``20 years''.

SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND 
              LEASES.

    Title IV of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751 et seq.) is amended by adding at the end the following:

``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND 
              LEASES.

    ``(a) Definitions.--In this section:
            ``(1) Environmental analysis.--The term `environmental 
        analysis' means an environmental assessment or an environmental 
        impact statement required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Department of the 
                Interior.
    ``(b) Renewal, Transfer, and Reissuance.--A grazing permit or lease 
issued by the Secretary, or a grazing permit issued by the Secretary of 
Agriculture regarding National Forest System land, that expires, is 
transferred, or is waived after the date of enactment of this section 
shall be renewed or reissued, as appropriate, under--
            ``(1) section 402;
            ``(2) section 19 of the Act of April 24, 1950 (commonly 
        known as the `Granger-Thye Act') (16 U.S.C. 580l);
            ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 
        U.S.C. 1010 et seq.); or
            ``(4) section 510 the California Desert Protection Act of 
        1994 (16 U.S.C. 410aaa-50).
    ``(c) Terms; Conditions.--The terms and conditions contained in an 
expired, transferred, or waived permit or lease described in subsection 
(b) shall continue in effect under a renewed or reissued permit or 
lease until the date on which the Secretary concerned completes the 
renewed or reissued permit or lease that is the subject of the expired, 
transferred, or waived permit or lease, in compliance with each 
applicable law.
    ``(d) Cancellation; Suspension; Modification.--A permit or lease 
described in subsection (b) may be cancelled, suspended, or modified in 
accordance with applicable law.
    ``(e) Compliance With National Environmental Policy Act of 1969.--
            ``(1) In general.--The renewal, reissuance, or transfer of 
        a grazing permit or lease by the Secretary concerned shall be 
        categorically excluded from the requirement to prepare an 
        environmental analysis if the decision continues the current 
        grazing management of the allotment.
            ``(2) Applicability regarding permits and leases with minor 
        modifications.--If the renewal, reissuance, or transfer of a 
        grazing permit or lease by the Secretary concerned contains 
        only minor modifications from the grazing permit or lease that 
        is the subject of the renewal, reissuance, or transfer, the 
        grazing permit or lease shall be categorically excluded from 
        the requirement to prepare an environmental analysis if--
                    ``(A) monitoring of the allotment has indicated 
                that the current grazing management has met, or has 
                satisfactorily progressed towards meeting, objectives 
                contained in the land and resource management plan of 
                the allotment, as determined by the Secretary 
                concerned; and
                    ``(B) the decision is consistent with the policy of 
                the Department of the Interior or the Department of 
                Agriculture, as appropriate, regarding extraordinary 
                circumstances.
    ``(f) Priority and Timing for Completing Environmental Analyses.--
            ``(1) In general.--Notwithstanding section 504 of the 
        Emergency Supplemental Appropriations for Additional Disaster 
        Assistance, for Anti-terrorism Initiatives, for Assistance in 
        the Recovery from the Tragedy that Occurred at Oklahoma City, 
        and Rescissions Act, 1995 (Public Law 104-19; 109 Stat. 212), 
        the Secretary concerned, in the sole discretion of the 
        Secretary concerned, shall determine the priority and timing 
        for completing each required environmental analysis regarding 
        any grazing allotment, permit, or lease based on the 
        environmental significance of the allotment, permit, or lease 
        and available funding for that purpose.
            ``(2) Applicability.--This subsection shall not apply to 
        the renewal, reissuance, or transfer of a grazing permit or 
        lease that is categorically excluded under subsection (e).''.

SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO GRAZING 
              APPEALS.

    (a) Forest and Rangeland Renewable Resources Planning Act of 
1974.--Section 14 of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1612) is amended by adding at the end 
the following:
    ``(c) Applicability of Administrative Procedure Act.--With respect 
to a decision by the Secretary of Agriculture regarding a grazing 
permit, an appeal by a grazing permittee shall be conducted in 
accordance with subchapter II of chapter 5 of title 5, United States 
Code.''.
    (b) Federal Land Policy and Management Act of 1976.--Section 402 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is 
amended by adding at the end the following:
    ``(i) Applicability of Administrative Procedure Act.--
            ``(1) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Department of the 
                Interior.
            ``(2) Applicability of administrative procedure act.--With 
        respect to a decision by the Secretary concerned regarding a 
        grazing permit or lease, an appeal by a grazing permittee shall 
        be conducted in accordance with subchapter II of chapter 5 of 
        title 5, United States Code.
            ``(3) Deadline for filing appeals.--An appeal made under 
        this subsection shall be filed not later than 30 days after the 
        date on which a decision described in paragraph (2) is made.
            ``(4) Suspension of decisions.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, each decision by the Secretary 
                concerned regarding a grazing permit or lease that is 
                appealed under this subsection shall be suspended until 
                the date on which the appeal is resolved.
                    ``(B) Determination by secretary concerned.--A 
                decision described in subparagraph (A) may not be 
                suspended if the Secretary concerned (including any 
                other authorized official) determines there is an 
                emergency regarding a deterioration of resources.
            ``(5) Continued use of grazing permit or lease.--Except in 
        a situation in which grazing use for the preceding year was 
        authorized on a temporary basis, an applicant who was granted 
        grazing use in the preceding year may continue at the level of 
        authorized active use until the date on which the appeal is 
        resolved.''.
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