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

                                                       Calendar No. 392
113th CONGRESS
  2d Session
                                 S. 258

                          [Report No. 113-166]

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, Mr. Risch, Mr. Hoeven, and Mr. Flake) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              May 22, 2014

              Reported by Ms. Landrieu, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Grazing Improvement 
Act''.</DELETED>

<DELETED>SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.</DELETED>

<DELETED>    Section 402 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1752) is amended--</DELETED>
        <DELETED>    (1) by striking ``ten years'' each place it 
        appears and inserting ``20 years''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``or'' at the end of each 
                of paragraphs (1) and (2);</DELETED>
                <DELETED>    (B) in paragraph (3), by striking the 
                period at the end and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS 
              AND LEASES.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING 
              PERMITS AND LEASES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Secretary concerned.--The term `Secretary 
        concerned' means--</DELETED>
                <DELETED>    ``(A) the Secretary of Agriculture, with 
                respect to National Forest System land; and</DELETED>
                <DELETED>    ``(B) the Secretary of the Interior, with 
                respect to land under the jurisdiction of the 
                Department of the Interior.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) section 402;</DELETED>
        <DELETED>    ``(2) section 19 of the Act of April 24, 1950 
        (commonly known as the `Granger-Thye Act'; 16 U.S.C. 
        580l);</DELETED>
        <DELETED>    ``(3) title III of the Bankhead-Jones Farm Tenant 
        Act (7 U.S.C. 1010 et seq.); or</DELETED>
        <DELETED>    ``(4) section 510 the California Desert Protection 
        Act of 1994 (16 U.S.C. 410aaa-50).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the decision to renew, reissue, or transfer 
        continues the current grazing management of the 
        allotment;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) the decision is consistent with the policy 
        of the Department of the Interior or the Department of 
        Agriculture, as appropriate, regarding extraordinary 
        circumstances.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) NEPA Exemptions.--The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the 
following:</DELETED>
        <DELETED>    ``(1) Crossing and trailing authorizations of 
        domestic livestock.</DELETED>
        <DELETED>    ``(2) Transfer of grazing preference.''.</DELETED>

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) in subsection (a)--
                    (A) by striking ``Except as'' and inserting the 
                following:
            ``(1) In general.--Except as''; and
                    (B) in paragraph (1) (as designated by subparagraph 
                (A)), by striking ``ten years subject'' and inserting 
                the following: `` 10 years, up to a maximum term of 20 
                years, if the Secretary concerned--
                            ``(i) has assessed and evaluated the 
                        grazing allotment associated with the permit or 
                        lease; and
                            ``(ii) based on the assessment and 
                        evaluation under clause (i), has determined 
                        that the grazing allotment is--
                                    ``(I) with respect to public land 
                                administered by the Secretary of the 
                                Interior, meeting land health 
                                standards; or
                                    ``(II) with respect to National 
                                Forest System land administered by the 
                                Secretary of Agriculture, meeting 
                                objectives in the applicable land and 
                                resource management plan.
            ``(2) Cancellation, suspension, and modification.--The 
        permit or lease shall be subject'';
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively;
                    (B) by striking ``So long as'' and inserting the 
                following:
            ``(1) Renewal of expiring or transferred permit or lease.--
        During any period in which''; and
                    (C) by adding at the end the following:
            ``(2) Continuation of terms under new permit or lease.--The 
        terms and conditions in a grazing permit or lease that has 
        expired, or was terminated due to a grazing preference 
        transfer, shall be continued under a new permit or lease until 
        the date on which the Secretary concerned completes any 
        environmental analysis and documentation for the permit or 
        lease required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
            ``(3) Completion of processing.--As of the date on which 
        the Secretary concerned completes the processing of a grazing 
        permit or lease in accordance with paragraph (2), the permit or 
        lease may be canceled, suspended, or modified, in whole or in 
        part.
            ``(4) Environmental reviews.--The Secretary concerned shall 
        seek to conduct environmental reviews on an allotment or 
        multiple allotment basis, to the extent practicable, if the 
        allotments share similar ecological conditions, for purposes of 
        compliance with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) and other applicable laws.'';
            (3) by redesignating subsection (h) as subsection (j); and
            (4) by inserting after subsection (g) the following:
    ``(h) National Environmental Policy Act of 1969.--
            ``(1) In general.--The issuance of a grazing permit or 
        lease by the Secretary concerned may be categorically excluded 
        from the requirement to prepare an environmental assessment or 
        an environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
                    ``(A) the issued permit or lease continues the 
                current grazing management of the allotment; and
                    ``(B) the Secretary concerned--
                            ``(i) has assessed and evaluated the 
                        grazing allotment associated with the lease or 
                        permit; and
                            ``(ii) based on the assessment and 
                        evaluation under clause (i), has determined 
                        that the allotment--
                                    ``(I) with respect to public land 
                                administered by the Secretary of the 
                                Interior--
                                            ``(aa) is meeting land 
                                        health standards; or
                                            ``(bb) is not meeting land 
                                        health standards due to factors 
                                        other than existing livestock 
                                        grazing; or
                                    ``(II) with respect to National 
                                Forest System land administered by the 
                                Secretary of Agriculture--
                                            ``(aa) is meeting 
                                        objectives in the applicable 
                                        land and resource management 
                                        plan; or
                                            ``(bb) is not meeting the 
                                        objectives in the applicable 
                                        land resource management plan 
                                        due to factors other than 
                                        existing livestock grazing.
            ``(2) Trailing and crossing.--The trailing and crossing of 
        livestock across public land and National Forest System land 
        and the implementation of trailing and crossing practices by 
        the Secretary concerned may be categorically excluded from the 
        requirement to prepare an environmental assessment or an 
        environmental impact statement under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(i) Priority and Timing for Completion of 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 with respect to a 
grazing allotment, permit, or lease based on--
            ``(1) the environmental significance of the grazing 
        allotment, permit, or lease; and
            ``(2) the available funding for the environmental 
        analysis.''.

SEC. 3. VOLUNTARY RELINQUISHMENT OF GRAZING PERMITS OR 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. VOLUNTARILY RELINQUISHMENT PILOT PROGRAM. --

    ``(a) In General.--There is established in the Department of the 
Interior and the Department of Agriculture a pilot program that--
            ``(1) authorizes the voluntary relinquishment of grazing 
        permits or leases in the eligible States specified in 
        subsection (f); and
            ``(2) provides that grazing permits or leases voluntarily 
        relinquished under this section shall be permanently retired 
        from further grazing authorization.
    ``(b) Acceptance by Secretary and Secretary of Agriculture.--
            ``(1) In general.--Subject to paragraph (2), within the 
        eligible States specified in subsection (f)--
                    ``(A) the Secretary shall accept the voluntary 
                relinquishment of any valid permits or leases 
                authorizing grazing on public land; and
                    ``(B) the Secretary of Agriculture shall accept the 
                voluntary relinquishment of any valid permits or leases 
                authorizing grazing on land in the National Forest 
                System.
            ``(2) Limitation.--Notwithstanding paragraph (1), the 
        Secretary and the Secretary of Agriculture shall not accept the 
        voluntarily relinquishment of more than 25 grazing permits or 
        leases per year in each of the eligible States specified in 
        subsection (f).
    ``(c) Termination.--With respect to each permit or lease 
voluntarily relinquished under subsection (a), the Secretary concerned 
shall--
            ``(1) terminate the grazing permit or lease; and
            ``(2) except as provided in subsection (d), ensure a 
        permanent end to grazing on the land covered by the permit or 
        lease.
    ``(d) Common Allotments.--
            ``(1) In general.--If the land covered by a grazing permit 
        or lease that has been voluntarily relinquished under 
        subsection (a) is also covered by another valid existing 
        grazing permit or lease that is not voluntarily relinquished 
        under subsection (a), the Secretary concerned shall reduce the 
        authorized grazing level on the land covered by the permit or 
        lease to reflect the relinquishment of the grazing permit or 
        lease.
            ``(2) Authorized level.--To ensure that there is a 
        permanent reduction in the level of grazing on the land covered 
        by a grazing permit or lease that has been voluntarily 
        relinquished under subsection (a), the Secretary shall not 
        allow grazing use to exceed the authorized level established 
        under paragraph (1).
            ``(3) Partial relinquishment.--
                    ``(A) In general.--If a person holding a valid 
                grazing permit or lease voluntarily relinquishes less 
                than the full level of grazing use authorized under the 
                permit or lease, the Secretary concerned shall--
                            ``(i) reduce the authorized grazing level 
                        to reflect the voluntarily relinquishment; and
                            ``(ii) modify the grazing permit or lease 
                        to reflect the revised level of use.
                    ``(B) Authorized level.--To ensure that there is a 
                permanent reduction in the authorized level of grazing 
                on the land covered by a permit or lease which has been 
                voluntarily relinquished under subparagraph (A), the 
                Secretary shall not allow grazing use to exceed the 
                authorized level established under that subparagraph.
    ``(e) Annual Report.--
            ``(1) In general.--The Secretary, in collaboration with the 
        Secretary of Agriculture, shall prepare an annual report on the 
        pilot program that assesses the activities undertaken under the 
        pilot program during the preceding year, including the number 
        and location of grazing permits and leases that were 
        voluntarily relinquished during the preceding year.
            ``(2) Submission to congress.--The Secretary shall submit 
        the annual report prepared under paragraph (1) to--
                    ``(A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    ``(B) the Committee on Natural Resources of the 
                House of Representatives.
    ``(f) Eligible States.--The authority of the Secretary and the 
Secretary of Agriculture to accept voluntary relinquishments in 
accordance with this section shall be limited to grazing allotments in 
the States of New Mexico and Oregon.''.
                                                       Calendar No. 392

113th CONGRESS

  2d Session

                                 S. 258

                          [Report No. 113-166]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 22, 2014

                       Reported with an amendment