[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1214 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1214

    To amend the Federal Land Policy and Management Act of 1976 to 
     authorize the Secretary of the Interior and the Secretary of 
Agriculture to enter into cooperative agreements with States to provide 
        for State administration of allotment management plans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2021

    Mr. Lee 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 
     authorize the Secretary of the Interior and the Secretary of 
Agriculture to enter into cooperative agreements with States to provide 
        for State administration of allotment management plans.

    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 ``State Grazing Management Authority 
Act''.

SEC. 2. AUTHORIZATION OF COOPERATIVE AGREEMENTS BETWEEN THE SECRETARY 
              OF THE INTERIOR, THE SECRETARY OF AGRICULTURE, AND 
              STATES.

    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:
    ``(k) Cooperative Agreements With States.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Allotment management plan.--The term 
                `allotment management plan' has the meaning given the 
                term in subsection (k) of section 103, except that--
                            ``(i) any reference to `the lessees or 
                        permittees involved' in that subsection shall 
                        be considered to be a reference to `the 
                        Secretary concerned'; and
                            ``(ii) any reference to `the Secretary 
                        concerned' in that subsection shall be 
                        considered to be a reference to `the Governor 
                        of the applicable State'.
                    ``(B) Cooperating agency.--The term `cooperating 
                agency' means, as applicable--
                            ``(i) a State agricultural agency that is 
                        involved in a proposed action under an 
                        allotment management plan authorized under 
                        paragraph (2); or
                            ``(ii) a Federal agency that--
                                    ``(I) is involved in a proposed 
                                action under an allotment management 
                                plan authorized under paragraph (2);
                                    ``(II) is not the lead agency; and
                                    ``(III) has the jurisdiction or 
                                special expertise such that the Federal 
                                agency needs to be consulted--
                                            ``(aa) to use a categorical 
                                        exclusion; or
                                            ``(bb) to prepare an 
                                        environmental assessment or 
                                        environmental impact statement, 
                                        as applicable.
                    ``(C) Cooperative agreement.--The term `cooperative 
                agreement' means a cooperative agreement entered into 
                under paragraph (2).
                    ``(D) Domestic livestock.--The term `domestic 
                livestock' means an animal raised in an agricultural 
                setting to produce labor or commodities.
                    ``(E) Eligible federal land.--The term `eligible 
                Federal land' means--
                            ``(i) public lands that--
                                    ``(I) are subject to a grazing 
                                permit or lease issued by the Bureau 
                                under section 3 or 15 of the Act of 
                                June 28, 1934 (commonly known as the 
                                `Taylor Grazing Act') (43 U.S.C. 315b, 
                                315m); and
                                    ``(II) have periodically or 
                                historically been used or offered for 
                                public domestic livestock grazing, as 
                                determined by the Secretary concerned; 
                                and
                            ``(ii) National Forest System land that--
                                    ``(I) is subject to a grazing 
                                permit or lease issued by the Secretary 
                                of Agriculture; and
                                    ``(II) has periodically or 
                                historically been used or offered for 
                                public domestic livestock grazing, as 
                                determined by the Secretary concerned.
                    ``(F) Environmental assessment.--The term 
                `environmental assessment' has the meaning given the 
                term in section 1508.9 of title 40, Code of Federal 
                Regulations (or a successor regulation).
                    ``(G) Environmental impact statement.--The term 
                `environmental impact statement' means a detailed 
                statement required under section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C)).
                    ``(H) Lead agency.--The term `lead agency' means 
                the Federal agency headed by the Secretary concerned 
                that, at the request of the Governor of the applicable 
                State under paragraph (3)(A)(ii), carries out the NEPA 
                process for a proposed action under an allotment 
                management plan authorized under paragraph (2).
                    ``(I) NEPA process.--
                            ``(i) In general.--The term `NEPA process' 
                        means any portion of the process, analysis, and 
                        other measure, including the preparation of an 
                        environmental impact statement, if necessary, 
                        that is required to be carried out by the 
                        Secretary concerned under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) before the Secretary concerned 
                        undertakes a proposed action.
                            ``(ii) Period.--For purposes of clause (i), 
                        the NEPA process--
                                    ``(I) begins on the date on which 
                                the Secretary concerned receives an 
                                application for a proposed action from 
                                a project sponsor; and
                                    ``(II) ends on the date on which 
                                the Secretary concerned issues, with 
                                respect to the proposed action--
                                            ``(aa) a record of 
                                        decision, including, if 
                                        necessary, a revised record of 
                                        decision;
                                            ``(bb) a finding of no 
                                        significant impact; or
                                            ``(cc) a categorical 
                                        exclusion under the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.).
                    ``(J) Project sponsor.--The term `project sponsor' 
                means a Federal agency or applicable State agency that 
                seeks approval of a proposed action.
                    ``(K) Secretary concerned.--The term `Secretary 
                concerned' means--
                            ``(i) the Secretary, acting through the 
                        Director of the Bureau, with respect to public 
                        lands; and
                            ``(ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service, with 
                        respect to National Forest System land.
                    ``(L) State commission.--The term `State 
                commission' means an advisory commission for a State 
                established under paragraph (8)(A).
            ``(2) Pilot project authorization.--
                    ``(A) In general.--At the request of the Governor 
                of a State, the Secretary concerned shall enter into a 
                cooperative agreement with the State to authorize the 
                State to administer 1 or more allotment management 
                plans on eligible Federal land in the State, including 
                the commencement of a lease or the issuance of a permit 
                for domestic livestock grazing on the applicable 
                allotment, subject to valid existing rights and this 
                subsection.
                    ``(B) Requirement.--The Secretary concerned may 
                enter into a cooperative agreement under subparagraph 
                (A) and a State may commence a lease and issue a permit 
                under an allotment management plan authorized under 
                that subparagraph only after the Governor of the State 
                has submitted to the Secretary concerned--
                            ``(i) if the applicable allotment is 
                        occupied, a notice from each holder of a 
                        grazing permit or lease occupying the 
                        applicable allotment that provides that--
                                    ``(I) the holder consents to 
                                management by the State of the 
                                applicable permit or lease, which may 
                                include a maximum fee that the State 
                                may charge the holder of the grazing 
                                permit or lease under paragraph (6)(C); 
                                and
                                    ``(II) if the grazing permit or 
                                lease is subsequently transferred, the 
                                transfer shall be subject to the 
                                requirement that the transferee 
                                consents to the management by the State 
                                of the applicable permit or lease, in 
                                accordance with subclause (I); and
                            ``(ii) a proposed allotment management plan 
                        for the applicable allotment.
            ``(3) NEPA authority.--
                    ``(A) In general.--At the request of the Governor 
                of a State--
                            ``(i) a cooperative agreement shall include 
                        an assignment of the responsibilities of the 
                        Secretary concerned under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) to the State with respect to the 
                        allotment management plans authorized under 
                        paragraph (2); or
                            ``(ii)(I) the Federal agency headed by the 
                        Secretary concerned shall carry out the NEPA 
                        process for each proposed action under an 
                        allotment management plan authorized under 
                        paragraph (2);
                            ``(II) the applicable agricultural agency 
                        of the State shall participate in the NEPA 
                        process as a cooperating agency; and
                            ``(III) any other Federal or State agency 
                        may participate in the NEPA process as a 
                        cooperating agency, as the applicable State 
                        commission determines to be appropriate.
                    ``(B) Multi-agency projects.--
                            ``(i) Responsibilities of lead agency.--The 
                        lead agency for a proposed action shall--
                                    ``(I) as soon as practicable and in 
                                consultation with the cooperating 
                                agencies, determine whether a proposed 
                                action requires the preparation of an 
                                environmental assessment or an 
                                environmental impact statement; and
                                    ``(II) if the lead agency 
                                determines under subclause (I) that an 
                                environmental impact statement is 
                                necessary--
                                            ``(aa) be responsible for 
                                        coordinating the preparation of 
                                        the environmental impact 
                                        statement;
                                            ``(bb) incorporate, to the 
                                        maximum extent practicable, any 
                                        applicable State or local 
                                        resource management plans into 
                                        the environmental impact 
                                        statement and environmental 
                                        assessment, as applicable;
                                            ``(cc) provide each 
                                        cooperating agency with an 
                                        opportunity to review and 
                                        contribute to the preparation 
                                        of the environmental impact 
                                        statement and environmental 
                                        assessment, as applicable, for 
                                        the proposed action, except 
                                        that a cooperating agency shall 
                                        limit comments to issues within 
                                        the special expertise or 
                                        jurisdiction of the cooperating 
                                        agency; and
                                            ``(dd) as soon as 
                                        practicable and in consultation 
                                        with the cooperating agencies, 
                                        determine the range of 
                                        alternatives to be considered 
                                        for the proposed action.
                            ``(ii) Environmental documents.--
                                    ``(I) In general.--In carrying out 
                                the NEPA process for a proposed action 
                                under an allotment management plan 
                                authorized under paragraph (2), the 
                                lead agency, in consultation with the 
                                cooperating agencies, shall prepare not 
                                more than 1 of each type of document 
                                described in subclause (II), as 
                                applicable.
                                    ``(II) Documents described.--The 
                                documents referred to in subclause (I) 
                                are--
                                            ``(aa) an environmental 
                                        assessment;
                                            ``(bb) a finding of no 
                                        significant impact;
                                            ``(cc) an environmental 
                                        impact statement; and
                                            ``(dd) a record of 
                                        decision.
                            ``(iii) Prohibition.--A cooperating agency 
                        may not evaluate an alternative to the proposed 
                        action that the lead agency has not determined 
                        to be within the range of alternatives to be 
                        considered under clause (i)(II)(dd).
                    ``(C) Categorical exclusions.--With respect to the 
                allotment management plans authorized under paragraph 
                (2), the following actions shall qualify for a 
                categorical exclusion under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.):
                            ``(i) The conduct of vegetation restoration 
                        projects using a method such as--
                                    ``(I) aerial, drill, or broadcast 
                                seeding;
                                    ``(II) disking;
                                    ``(III) mowing;
                                    ``(IV) chaining;
                                    ``(V) the use of a forestry 
                                mulcher;
                                    ``(VI) prescribed fire;
                                    ``(VII) invasive species 
                                management; or
                                    ``(VIII) any other method of 
                                vegetation restoration that the 
                                applicable State commission considers 
                                to be appropriate.
                            ``(ii) The conduct of pinyon or juniper 
                        treatments using a method such as--
                                    ``(I) prescribed fire;
                                    ``(II) hand removal;
                                    ``(III) chaining;
                                    ``(IV) dozing;
                                    ``(V) the use of a forestry 
                                mulcher; or
                                    ``(VI) any other method that a 
                                State commission considers to be 
                                appropriate.
                            ``(iii) Any change to--
                                    ``(I) the type of domestic 
                                livestock grazing on the applicable 
                                allotment; or
                                    ``(II) the number of, or season of 
                                use for, permitted animal unit months 
                                that a State commission makes to the 
                                allotment management plan.
                            ``(iv) The installation of new fencing and 
                        the maintenance and repair of existing fencing, 
                        including--
                                    ``(I) the installation of cattle 
                                guards;
                                    ``(II) the installation of new 
                                fencing to adjust pasture boundaries;
                                    ``(III) the installation of new 
                                gates; and
                                    ``(IV) the removal of fencing.
                            ``(v) Water infrastructure improvements 
                        described in paragraph (4).
                            ``(vi) Any other activity that would 
                        otherwise qualify for a categorical exclusion 
                        under an allotment management plan, permit, or 
                        lease for domestic livestock grazing.
            ``(4) Water infrastructure improvements.--A cooperative 
        agreement shall include, with respect to allotment management 
        plans authorized under paragraph (2), the assignment to the 
        State of the responsibilities of the Secretary concerned to 
        approve or construct water infrastructure improvements that are 
        appropriate for the improvement of public grazing, including--
                    ``(A)(i) guzzlers, head boxes, ponds, pumps, tanks, 
                springs, wells, diversions, troughs, impoundments, 
                water control structures, and pipelines; or
                    ``(ii) any other improvements that the applicable 
                State commission considers appropriate; and
                    ``(B) any appurtenance to an improvement described 
                in subparagraph (A).
            ``(5) Access to land; water rights.--
                    ``(A) In general.--The Secretary concerned--
                            ``(i) shall provide access to the land 
                        covered by an allotment management plan 
                        authorized under paragraph (2), including for 
                        the purpose of the construction of water 
                        infrastructure improvements described in 
                        paragraph (4); and
                            ``(ii) shall not require as a condition of 
                        a management activity under a cooperative 
                        agreement an action that affects water rights.
                    ``(B) Adjudication of water rights.--With respect 
                to the allotment management plans authorized under 
                paragraph (2), water rights under the authority of a 
                State by law shall be adjudicated by the State.
            ``(6) Grazing fees.--
                    ``(A) In general.--A fee charged for domestic 
                livestock grazing under an allotment management plan 
                authorized under paragraph (2) and shared between the 
                State and the Secretary concerned in accordance with 
                subparagraph (B) shall be in an amount not greater than 
                the amount established for the applicable year under 
                Executive Order 12548 (43 U.S.C. 1905 note; relating to 
                grazing fees) (or a successor Executive order).
                    ``(B) Revenue sharing.--
                            ``(i) In general.--A cooperative agreement 
                        shall include a provision for the sharing 
                        between the State and the Secretary concerned 
                        of revenue received from grazing fees described 
                        in subparagraph (A).
                            ``(ii) Requirement.--Revenue sharing under 
                        this subparagraph shall be proportional to the 
                        services that the State and the Secretary 
                        concerned are required to provide under the 
                        applicable cooperative agreement.
                    ``(C) Additional fees.--In addition to any fee 
                charged under subparagraph (A), a State may charge 
                additional fees for domestic livestock grazing on land 
                covered by an allotment management plan administered by 
                the State under paragraph (2), the revenue from which 
                shall be retained by the State.
            ``(7) Wildfires.--
                    ``(A) Wildfire rehabilitation.--In the case of a 
                catastrophic wildfire (as determined by the Secretary 
                concerned (or a designee of the Secretary concerned)) 
                on land covered by an allotment management plan 
                authorized under paragraph (2), the Secretary concerned 
                shall rehabilitate the land in accordance with this 
                Act.
                    ``(B) Compensation.--
                            ``(i) In general.--If a State or the holder 
                        of a grazing permit has posted a bond or 
                        purchased insurance as described in paragraph 
                        (14)(A)(iv), the Secretary concerned may seek 
                        compensation for any damages caused by a 
                        catastrophic wildfire, including the costs of 
                        any rehabilitation efforts carried out under 
                        subparagraph (A), from the bond or insurance 
                        if--
                                    ``(I) not later than 60 days after 
                                the date on which the wildfire is 
                                brought under control, as determined by 
                                the Secretary concerned, the Secretary 
                                concerned--
                                            ``(aa) conducts an 
                                        investigation of the 
                                        catastrophic wildfire; and
                                            ``(bb) makes the results of 
                                        that investigation public;
                                    ``(II) as a result of that 
                                investigation, the Secretary concerned 
                                determines that negligent or deliberate 
                                behavior by the State or the holder of 
                                the grazing permit, as applicable, 
                                contributed to the wildfire; and
                                    ``(III) the Secretary concerned is 
                                able--
                                            ``(aa) to provide to the 
                                        State or the holder of the 
                                        grazing permit, as applicable, 
                                        an itemized list of damages; 
                                        and
                                            ``(bb) to ask for payment 
                                        of those damages from the 
                                        applicable bond or insurance.
                            ``(ii) Disputes.--If a State or the holder 
                        of a grazing permit disagrees with a 
                        determination of the Secretary concerned under 
                        subclause (II) of clause (i) or the valuation, 
                        as determined by the Secretary concerned, of 
                        any damages identified by the Secretary 
                        concerned under subclause (III) of that clause, 
                        the Secretary concerned may--
                                    ``(I) negotiate with the State or 
                                holder; or
                                    ``(II) file an action for damages 
                                in an appropriate district court of the 
                                United States against the State or 
                                holder.
                    ``(C) Effect.--Nothing in this paragraph exempts 
                any individual or entity from any monetary or other 
                penalty due to criminal or negligent behavior.
            ``(8) State advisory commission.--
                    ``(A) In general.--A Governor of a State that 
                enters into a cooperative agreement shall establish a 
                commission to advise the Governor on--
                            ``(i) the substance and terms of the 
                        cooperative agreement; and
                            ``(ii) any matters relating to carrying out 
                        the cooperative agreement.
                    ``(B) Membership.--A State commission shall be 
                comprised of 14 members, of whom--
                            ``(i) 11 shall be appointed by the Governor 
                        of the applicable State, of whom--
                                    ``(I) 3 shall be holders of 1 or 
                                more grazing permits or leases in the 
                                State, each of whom, to the maximum 
                                extent practicable, represent a 
                                different industry;
                                    ``(II) 1 shall be a representative 
                                of the State department of agriculture 
                                (or any substantially similar State 
                                agency);
                                    ``(III) 1 shall be a representative 
                                of the State department of wildlife (or 
                                any substantially similar State 
                                agency);
                                    ``(IV) 1 shall be a representative 
                                of a nationally or regionally 
                                recognized agricultural organization;
                                    ``(V) 1 shall be a representative 
                                of a nationally or regionally 
                                recognized organization the mission of 
                                which is to promote grazing of domestic 
                                animals on public lands;
                                    ``(VI) 1 shall be a representative 
                                of a conservation or environmental 
                                organization;
                                    ``(VII) 1 shall be a representative 
                                of a sportsmen's organization;
                                    ``(VIII) 1 shall be a 
                                representative of other users of public 
                                lands; and
                                    ``(IX) 1 shall be a representative 
                                of land-grant colleges and universities 
                                (as defined in section 1404 of the 
                                National Agricultural Research, 
                                Extension, and Teaching Policy Act of 
                                1977 (7 U.S.C. 3103)) in the State with 
                                expertise related to agricultural 
                                grazing;
                            ``(ii) 1 shall--
                                    ``(I) be appointed by the Secretary 
                                of Agriculture; and
                                    ``(II) be a representative of the 
                                Forest Service; and
                            ``(iii) 2 shall be appointed by the 
                        Secretary, of whom--
                                    ``(I) 1 shall be a representative 
                                of the Bureau; and
                                    ``(II) 1 shall be a representative 
                                of the United States Fish and Wildlife 
                                Service.
                    ``(C) Chair.--To manage the meetings of a State 
                commission, the Governor of the State shall appoint a 
                Chair of the State commission from among members 
                appointed to the State commission under subparagraph 
                (B)(i).
                    ``(D) Quorum.--
                            ``(i) In general.--Ten members of a State 
                        commission shall constitute a quorum.
                            ``(ii) Decisions.--With respect to the 
                        duties described in subparagraph (E), decisions 
                        of a State commission shall be made by majority 
                        vote, a quorum being present.
                    ``(E) Duties.--A State commission shall--
                            ``(i) oversee the development of policies 
                        for the operation and use of the allotment 
                        management plans covered by the cooperative 
                        agreement;
                            ``(ii) be involved in, and stay informed 
                        of, any dispute resolution necessary to ensure 
                        that the administration of the applicable 
                        allotment management plans by the State is in 
                        accordance with--
                                    ``(I) this Act; and
                                    ``(II) the laws described in 
                                subparagraphs (A) through (C) of 
                                paragraph (11);
                            ``(iii) assist, as necessary, in setting or 
                        adjusting grazing permit or lease boundaries;
                            ``(iv) assist and be involved in any other 
                        decision that may affect the stability of--
                                    ``(I) the allotment management 
                                plan; or
                                    ``(II) the holder of the grazing 
                                permit or lease; and
                            ``(v) adopt or approve the allotment 
                        management plans covered by the cooperative 
                        agreement.
            ``(9) Terms; conditions.--
                    ``(A) Term of cooperative agreements.--A 
                cooperative agreement entered into under paragraph (2) 
                shall be for a term of 30 years.
                    ``(B) Renewal of cooperative agreements.--
                            ``(i) In general.--The Secretary concerned 
                        shall agree to a renewal of a cooperative 
                        agreement for an additional 30 years if--
                                    ``(I) the State requests that the 
                                cooperative agreement be renewed;
                                    ``(II) the State has satisfied all 
                                conditions of the cooperative 
                                agreement; and
                                    ``(III) the applicable State 
                                commission determines that monitoring 
                                during the period of a grazing lease or 
                                permit has shown positive outcomes in 
                                the joint monitoring regimen under 
                                paragraph (13).
                            ``(ii) No other requirements or conditions 
                        for renewal.--The Secretary concerned may not 
                        impose any additional requirement or condition 
                        for the renewal of a cooperative agreement 
                        under this subparagraph.
                    ``(C) Term of grazing leases and permits.--A permit 
                or lease for domestic livestock grazing on land covered 
                by a cooperative agreement shall--
                            ``(i) be issued by the applicable State 
                        agency for a term of 30 years beginning on the 
                        date on which the applicable cooperative 
                        agreement is entered into under paragraph (2) 
                        or renewed under subparagraph (B), as 
                        applicable; and
                            ``(ii) contain only the terms and 
                        conditions included in the applicable allotment 
                        management plan adopted or approved by the 
                        applicable State commission.
            ``(10) Enforcement of grazing leases and permits.--A State 
        entering into a cooperative agreement under this subsection may 
        enter into an agreement with any local law enforcement agency 
        for the enforcement of the terms of any permit or lease for 
        domestic livestock grazing on land covered by the cooperative 
        agreement if the area in which the law enforcement agency would 
        act under that agreement is within the jurisdiction of that 
        agency.
            ``(11) Applicable law.--In administering allotment 
        management plans under paragraph (2), a State shall be subject 
        to--
                    ``(A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    ``(B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    ``(C) any other applicable Federal law (including 
                regulations) that is consistent with State 
                administration of allotment management plans under this 
                subsection.
            ``(12) Resolution of disputes.--
                    ``(A) Authority of the interior board of land 
                appeals.--Nothing in this subsection provides to the 
                Interior Board of Land Appeals authority to hear a case 
                with respect to a decision relating to an allotment 
                management plan administered by a State under paragraph 
                (2).
                    ``(B) State dispute resolution process.--
                            ``(i) In general.--A cooperative agreement 
                        shall provide for the development of a process 
                        by the State to resolve disputes relating to a 
                        decision by the State with respect to an 
                        allotment management plan administered by the 
                        State under the cooperative agreement, 
                        including resolution of disputes through any 
                        mediation authority available to the State on 
                        the date of enactment of this subsection.
                            ``(ii) Resolution.--A dispute described in 
                        clause (i) shall be resolved in accordance with 
                        the process developed under that clause.
                    ``(C) Third-party disputes.--No party that is not 
                directly involved in the administration of an allotment 
                management plan by a State under paragraph (2) may 
                receive any costs or fees under section 2412 of title 
                28, United States Code, with respect to any action 
                brought to challenge any action taken with respect to 
                the allotment management plan.
            ``(13) Monitoring.--
                    ``(A) In general.--A cooperative agreement shall 
                include provisions for a joint monitoring regimen for 
                the land covered by the applicable allotment management 
                plan to be conducted by the applicable State agency and 
                any applicable Federal agencies.
                    ``(B) Requirement.--A joint monitoring regimen 
                implemented under subparagraph (A) shall comply with 
                the requirements of the applicable allotment management 
                plan, as adopted or approved by the applicable State 
                commission under paragraph (8)(E)(v).
                    ``(C) Data collection.--To the maximum extent 
                practicable, all parties to the cooperative agreement 
                shall be present when data are collected under the 
                joint monitoring regimen carried out under this 
                paragraph.
                    ``(D) Availability of findings.--The findings of 
                any monitoring carried out under this paragraph shall 
                be made available to the Secretary concerned.
            ``(14) Termination.--
                    ``(A) Termination of allotment management plans by 
                the secretary concerned.--
                            ``(i) Notification of noncompliance.--If 
                        the Secretary concerned determines that a State 
                        is not adequately carrying out the 
                        responsibilities of the State under an 
                        allotment management plan covered by a 
                        cooperative agreement, the Secretary concerned 
                        shall--
                                    ``(I) notify the State of the 
                                determination of noncompliance with the 
                                applicable allotment management plan; 
                                and
                                    ``(II) on request of the Governor 
                                of the State, provide the State with a 
                                description of each responsibility of 
                                the State under the applicable 
                                allotment management plan that is in 
                                need of corrective action.
                            ``(ii) Corrective action.--A State shall 
                        take corrective action with respect to each 
                        area of noncompliance for which the Secretary 
                        concerned has made a determination of 
                        noncompliance under clause (i) by--
                                    ``(I) the date that is 1 year after 
                                the date on which the Secretary 
                                concerned notifies the State under 
                                clause (i)(I); or
                                    ``(II) if the Secretary concerned 
                                determines an extension is appropriate, 
                                the date that is 120 days after the 
                                deadline described in subclause (I).
                            ``(iii) Termination.--Subject to clause 
                        (iv), if a State has not taken satisfactory 
                        corrective action, as determined by the 
                        Secretary concerned, by the applicable date 
                        described in clause (ii), the Secretary 
                        concerned shall terminate the applicable 
                        allotment management plan.
                            ``(iv) Effect of bond and insurance.--The 
                        Secretary concerned may not terminate an 
                        applicable allotment management plan covered by 
                        a cooperative agreement under this subparagraph 
                        if the State or the holder of a grazing permit 
                        or lease covered by the cooperative agreement 
                        has posted a bond or purchased insurance that, 
                        in the determination of the Secretary 
                        concerned, is sufficient to cover the cost of 
                        any potential harm to the applicable land that 
                        is caused by the State or the holder, as 
                        applicable.
                    ``(B) Termination of allotment management plan by 
                the state.--
                            ``(i) In general.--Subject to clause (ii), 
                        a State may terminate an applicable allotment 
                        management plan covered by a cooperative 
                        agreement entered into under this subsection at 
                        any time.
                            ``(ii) Notice required.--A State shall 
                        provide to the Secretary concerned notice of 
                        any termination of an applicable allotment 
                        management plan covered by a cooperative 
                        agreement under clause (i) not less than 90 
                        days before the date on which that termination 
                        shall take effect.
                    ``(C) Revocation of consent by the permittee.--
                            ``(i) In general.--The holder of a grazing 
                        permit or lease that has consented to 
                        management by the State of the permit or lease 
                        under subclause (I) or (II) of paragraph 
                        (2)(B)(i) may revoke that consent at any time.
                            ``(ii) Termination.--On revocation of 
                        consent to management by the State of the 
                        permit or lease under clause (i), the 
                        applicable allotment management plan shall be 
                        terminated.
                    ``(D) Effect of termination or revocation.--On 
                termination of an applicable allotment management plan 
                covered by a cooperative agreement under subparagraph 
                (A), (B), or (C)--
                            ``(i) management of the applicable 
                        allotment shall revert to the Secretary 
                        concerned;
                            ``(ii) the allotment shall be managed in 
                        accordance with the authorities under which the 
                        allotment was managed before the date on which 
                        the Secretary concerned entered into the 
                        cooperative agreement, including any allotment 
                        management plan that applied to the allotment 
                        before that date; and
                            ``(iii) no new NEPA process shall be 
                        required with respect to the use, in accordance 
                        with clause (ii), of an allotment management 
                        plan that applied to the allotment before the 
                        date on which the Secretary concerned entered 
                        into the cooperative agreement.''.
                                 <all>