[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5737 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5737

    To expand the authorization of voluntary Federal grazing permit 
     retirement, provide increased flexibility for Federal grazing 
permittees, promote the equitable resolution or avoidance of conflicts 
   on Federal lands managed by the Department of Agriculture or the 
          Department of the Interior, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2020

  Mr. Smith of Washington (for himself, Mr. Lowenthal, Mr. Heck, Mr. 
 Blumenauer, Mr. Cartwright, Mr. Schiff, Ms. Jayapal, Mr. Ted Lieu of 
  California, Ms. Brownley of California, Mr. Kilmer, and Ms. Norton) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To expand the authorization of voluntary Federal grazing permit 
     retirement, provide increased flexibility for Federal grazing 
permittees, promote the equitable resolution or avoidance of conflicts 
   on Federal lands managed by the Department of Agriculture or the 
          Department of the Interior, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voluntary Grazing 
Permit Retirement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Voluntary grazing permit retirement program.
Sec. 5. Effect of waiver of grazing permit.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Voluntary grazing permit retirement is a successful 
        land management tool that has been authorized by Congress for 
        specific purposes and in numerous areas throughout the 16 
        Western States, including Death Valley National Park, Capitol 
        Reef National Park, Arches National Park, Cascade-Siskiyou 
        National Monument, Oregon Caves National Monument and Preserve, 
        and Wilderness Areas in the Owyhee Canyonlands and Boulder-
        White Clouds.
            (2) Expanding the authority for voluntary grazing permit 
        retirement to include all Federal lands managed by the 
        Department of Agriculture and the Department of the Interior in 
        the 16 Western States will aid in the resolution of land and 
        resource management conflicts, and provide Federal grazing 
        permittees and lessees with increased flexibility and 
        opportunities when making decisions about the future of their 
        livestock operations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administratively retired grazing allotment.--The term 
        ``administratively retired grazing allotment'' means a grazing 
        allotment, or portion of a grazing allotment, on Federal lands 
        managed by the Secretary that is or becomes vacant or closed 
        due to the voluntary waiver of the grazing permit or lease by 
        the holder of the grazing permit issued by the Secretary with 
        the intention of permanently ending livestock grazing on that 
        grazing allotment or a portion of a grazing allotment as a 
        result of an agreement with a third party.
            (2) Commercial livestock grazing or livestock grazing.--The 
        term ``commercial livestock grazing'' or ``livestock 
        grazing''--
                    (A) means the grazing of domestic livestock on 
                Federal lands as authorized by a grazing permit or 
                lease; and
                    (B) does not include beasts of burden while used 
                for recreational or administrative purposes.
            (3) Grazing allotment.--The term ``grazing allotment'' 
        means the designated portion of Federal land upon which 
        domestic livestock are authorized to graze by a grazing permit 
        or lease.
            (4) Grazing permit; lease.--The terms ``grazing permit or 
        lease'' and ``grazing permit and lease'' mean any document 
        authorizing the use of Federal lands for the purpose of 
        commercial livestock grazing.
            (5) Permittee; lessee.--The terms ``permittee or lessee'' 
        and ``permittee and lessee'' mean a livestock operator that 
        holds a valid existing grazing permit or lease.
            (6) Range developments.--The term ``range developments''--
                    (A) means structures, fences, and other permanent 
                fixtures placed on Federal lands for the furtherance of 
                the purpose of livestock grazing; and
                    (B) does not include rolling stock, livestock, and 
                diversions of water from Federal lands onto non-Federal 
                lands.
            (7) Secretaries.--The term ``Secretaries'' refers to the 
        Secretary of Agriculture and the Secretary of the Interior.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture or the Secretary of the Interior, as appropriate 
        to the administration of a grazing permit or lease.
            (9) 16 western states.--The term ``16 Western States'' 
        refers to Arizona, California, Colorado, Idaho, Kansas, 
        Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, 
        Oregon, South Dakota, Utah, Washington, and Wyoming.

SEC. 4. VOLUNTARY GRAZING PERMIT RETIREMENT PROGRAM.

    (a) Voluntary Waiver of Grazing Permit or Lease.--
            (1) Acceptance by secretary.--Subject to the limitation set 
        forth in subsection (c)(2), the Secretary shall accept, on a 
        first-come, first-served basis, any grazing permit or lease 
        related to Federal land in the 16 Western States that is 
        voluntarily waived by a grazing permittee or lessee with the 
        intention of permanently ending livestock grazing on that 
        grazing allotment or on a portion of that grazing allotment.
            (2) Termination.--The Secretary shall immediately terminate 
        any grazing permit or lease accepted under paragraph (1).
            (3) No new grazing permit or lease.--With respect to each 
        grazing permit or lease voluntarily waived under paragraph (1), 
        the Secretary shall--
                    (A) not issue any new grazing permit or lease 
                within the grazing allotment covered by the grazing 
                permit or lease; and
                    (B) ensure a permanent end to livestock grazing on 
                the grazing allotment covered by the grazing permit or 
                lease.
    (b) Waiver of Grazing Permit or Lease on Common Allotments.--
            (1) In general.--If a grazing allotment or portion of a 
        grazing allotment covered by a grazing permit or lease that is 
        waived under subsection (a) is also covered in part or in whole 
        by another grazing permit or lease that is not waived, the 
        Secretary shall reduce the level of commercial livestock 
        grazing on the grazing allotment to reflect the waiver.
            (2) Authorized level.--To ensure that there is a permanent 
        reduction in the level of livestock grazing on the land covered 
        by the grazing permit or lease waived under subsection (a), the 
        Secretary shall not allow grazing to exceed the level 
        established under paragraph (1).
    (c) Limitation.--
            (1) In general.--The Secretaries shall accept per fiscal 
        year under this section--
                    (A) not more than 100 grazing permits, in the 
                aggregate for all of the 16 Western States; and
                    (B) not more than 25 grazing permits for land 
                located in whole or in part in any individual State.
            (2) Applicability.--This limitation shall not apply to 
        administratively retired grazing allotments as of the effective 
        date of this Act.
    (d) Administratively Retired Grazing Allotments.--With respect to 
grazing allotments administratively retired before the date of the 
enactment of this Act, the Secretary shall--
            (1) not issue any new grazing permit or lease within the 
        grazing allotment covered by the grazing permit or lease; and
            (2) ensure a permanent end to livestock grazing on the 
        grazing allotment covered by the grazing permit or lease.

SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT.

    (a) Effect on Range Developments.--A permittee or lessee who waives 
a grazing permit or lease to the Secretary under section 4 shall be 
deemed to have waived any claim to all range developments on land 
covered by the grazing permit or lease waived, notwithstanding any 
other provision of law.
    (b) Securing Retired Allotments Against Unauthorized Use.--The 
Secretary shall ensure that grazing allotments retired from grazing 
under this Act are rendered reasonably secure from trespass grazing by 
domestic livestock.
    (c) Relation to Other Authority.--Nothing in this Act shall be 
construed to affect the Secretary's authority to modify or terminate 
any grazing permit or lease in accordance with other law.
    (d) Relation to Valid Existing Rights.--Nothing in this Act affects 
the allocation, ownership, interest, or control, in existence on the 
date of the enactment of this Act, of any water, water right, or any 
other valid existing right held by the United States, an Indian Tribe, 
State, county or municipality, or private individual, partnership, or 
corporation.
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