[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 258 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 258

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

                            February 7, 2013

Mr. Barrasso (for himself, Mr. Enzi, Mr. Crapo, Mr. Hatch, Mr. Heller, 
 Mr. Lee, and Mr. Risch) 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''.

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--
            (1) by striking ``ten years'' each place it appears and 
        inserting ``20 years''; and
            (2) in subsection (b)--
                    (A) by striking ``or'' at the end of each of 
                paragraphs (1) and (2);
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) the initial environmental analysis under National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        regarding a grazing allotment, permit, or lease has not been 
        completed.''.

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) Current grazing management.--The term `current 
        grazing management' means grazing in accordance with the terms 
        and conditions of an existing permit or lease and includes any 
        modifications that are consistent with an applicable Department 
        of the Interior resource management plan or Department of 
        Agriculture land use plan.
            ``(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, Reissuance, and Pending Processing.--A 
grazing permit or lease issued by the Secretary of the Interior, or a 
grazing permit issued by the Secretary of Agriculture regarding 
National Forest System land, that expires, is transferred, or is waived 
shall be renewed or reissued under, as appropriate--
            ``(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 (except the 
termination date) 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 processing of 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.--Notwithstanding 
subsection (c), a permit or lease described in subsection (b) may be 
cancelled, suspended, or modified in accordance with applicable law.
    ``(e) Renewal Transfer Reissuance After Processing.--When the 
Secretary concerned has completed the processing of the renewed or 
reissued permit or lease that is the subject of the expired, 
transferred, or waived permit or lease, the Secretary concerned shall 
renew or reissue the permit or lease for a term of 20 years after 
completion of processing.
    ``(f) Compliance With National Environmental Policy Act of 1969.--
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 assessment or an environmental 
impact statement if--
            ``(1) the decision to renew, reissue, or transfer continues 
        the current grazing management of the allotment;
            ``(2) monitoring of the allotment has indicated that the 
        current grazing management has met, or has satisfactorily 
        progressed towards meeting, objectives contained in the land 
        use and resource management plan of the allotment, as 
        determined by the Secretary concerned; or
            ``(3) the decision is consistent with the policy of the 
        Department of the Interior or the Department of Agriculture, as 
        appropriate, regarding extraordinary circumstances.
    ``(g) Priority and Timing for Completing Environmental Analyses.--
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.
    ``(h) NEPA Exemptions.--The National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
            ``(1) Crossing and trailing authorizations of domestic 
        livestock.
            ``(2) Transfer of grazing preference.''.
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