[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1264 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1264

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2021

 Mr. Barrasso 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 permits and leases, 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 ``Resiliency for Ranching and Natural 
Conservation Health Act''.

SEC. 2. TEMPORARY USE OF VACANT GRAZING ALLOTMENTS FOR HOLDERS OF 
              GRAZING PERMITS OR LEASES DURING EXTREME NATURAL EVENTS 
              AND DISASTERS.

    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. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO HOLDERS OF 
              GRAZING PERMITS OR LEASES DURING EXTREME NATURAL EVENTS 
              AND DISASTERS.

    ``(a) Definition of Secretary Concerned.--In this section, the term 
`Secretary concerned' means--
            ``(1) the Secretary of Agriculture, with respect to 
        National Forest System land; and
            ``(2) the Secretary, with respect to public lands.
    ``(b) Allotments.--
            ``(1) In general.--To the maximum extent practicable, the 
        Secretary concerned shall make available to the holder of a 
        grazing permit or lease issued by either Secretary concerned 
        the temporary use of a vacant grazing allotment if 1 or more 
        grazing allotments covered by the grazing permit or lease of 
        the holder of the grazing permit or lease are temporarily 
        unusable, as determined by the Secretary concerned, because of 
        resource conditions from unforeseen natural events or disasters 
        (including an extreme weather event, drought, wildfire, 
        infestation, or blight).
            ``(2) Terms and conditions.--In establishing the terms and 
        conditions in a permit or lease for the temporary use of a 
        vacant grazing allotment made available pursuant to this 
        subsection, the Secretary concerned--
                    ``(A) shall take into consideration the terms and 
                conditions of the most recent permit or lease that was 
                applicable to the vacant grazing allotment;
                    ``(B) if there are no terms or conditions available 
                for consideration under subparagraph (A), may assign 
                temporary terms or conditions, after considering 
                ecological conditions of, or terms on, adjacent grazing 
                allotments;
                    ``(C) shall base the terms and conditions on local 
                ecological conditions, as determined by the applicable 
                official;
                    ``(D) shall take into consideration other factors, 
                including any prior agency agreement that resolved or 
                sought to resolve a management conflict, including a 
                conflict related to State management of wildlife; and
                    ``(E) may authorize the placement and use of 
                temporary portable corrals and water troughs on the 
                vacant grazing allotment to accommodate the temporary 
                use.
            ``(3) Coordination.--To the maximum extent practicable, the 
        Secretaries concerned shall coordinate to make available to 
        holders of grazing permits or leases the use of vacant grazing 
        allotments, regardless of agency jurisdiction over vacant 
        grazing allotments, pursuant to paragraphs (1) and (2).
            ``(4) Additional considerations; effect.--
                    ``(A) Additional considerations.--For purposes of 
                determining whether to make available the temporary use 
                of a vacant grazing allotment under paragraph (1), the 
                Secretary concerned shall consider whether there is a 
                court-issued injunction in effect as of the date of the 
                determination that constrains or otherwise limits the 
                use of an allotment for which the permit or lease has 
                been issued.
                    ``(B) Effect.--The temporary use of a vacant 
                grazing allotment under this subsection shall not--
                            ``(i) preclude or otherwise alter other 
                        ongoing or future actions or assessments 
                        evaluating the potential of the vacant grazing 
                        allotment to be used or otherwise assigned; or
                            ``(ii) alter--
                                    ``(I) the terms and conditions of 
                                the original grazing permit or lease of 
                                the holder of the grazing permit or 
                                lease;
                                    ``(II) the preference or ability of 
                                the holder of the grazing permit or 
                                lease to return to the original 
                                allotment once access to, or the use 
                                of, the original allotment is restored; 
                                or
                                    ``(III) the animal unit months in 
                                future authorizations, or conditions of 
                                a permit, of the holder of the grazing 
                                permit or lease.
    ``(c) Duration.--The Secretary concerned shall determine the 
duration of the temporary use of a vacant grazing allotment made 
available pursuant to subsection (b), after considering the period of 
time necessary for the original allotment of the holder of the grazing 
permit or lease to return to use, not to exceed 3 consecutive grazing 
seasons.
    ``(d) Guidelines.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary concerned shall 
        establish guidelines to expeditiously, efficiently, and 
        effectively carry out activities authorized under this section.
            ``(2) Considerations.--In establishing the guidelines under 
        paragraph (1), the Secretary concerned may consider--
                    ``(A) eligibility criteria for the holders of 
                grazing permits or leases;
                    ``(B) prioritizing holders of grazing permits or 
                leases in close proximity to a vacant grazing 
                allotment;
                    ``(C) any class or change in class of livestock on 
                the temporary use of a vacant grazing allotment, with 
                consideration given to local ecological conditions, 
                disease, wildlife conflicts, and other factors based on 
                localized conditions;
                    ``(D) processes for coordinating with allotments 
                adjoining or within the vicinity of a vacant grazing 
                allotment; and
                    ``(E) any other processes intended to expedite 
                procedures for making vacant grazing allotments 
                available during emergent circumstances.''.

SEC. 3. PUBLIC RANGELAND RESILIENCY FUNDS.

    (a) Investment of Amounts in the Land and Water Conservation 
Fund.--Section 200302 of title 54, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Investment of Amounts.--
            ``(1) In general.--On request of the Secretary, the 
        Secretary of the Treasury may invest any portion of the Fund 
        (including amounts in the Fund that are appropriated but not 
        disbursed) that is not, as determined by the Secretary, 
        required to meet the current needs of the Fund, but not to 
        exceed such amounts as are necessary to generate $15,000,000 in 
        investment income per year under paragraph (2).
            ``(2) Requirement.--An investment of amounts made available 
        under paragraph (1) shall be made by the Secretary of the 
        Treasury in a public debt security--
                    ``(A) with a maturity suitable for the authorized 
                uses described in subsection (c)(2) of section 401 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1751); and
                    ``(B) bearing interest at a rate determined by the 
                Secretary of the Treasury, taking into consideration 
                current market yields on outstanding marketable 
                obligations of the United States of comparable 
                maturity.
            ``(3) Range betterment account.--The income on investments 
        of the Fund under this subsection shall be credited to, and 
        used for purposes of an account established in the Treasury, to 
        be known as the `range betterment account', to be used in 
        accordance with subsection (c) of section 401 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1751).''.
    (b) Range Betterment Account.--Section 401 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1751) is amended by adding 
at the end the following:
    ``(c) Range Betterment Account.--
            ``(1) Definition of secretary concerned.--In this section, 
        the term `Secretary concerned' means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    ``(B) the Secretary, with respect to public lands.
            ``(2) Use of funds.--Of the amounts available in the 
        account established under section 200302(c)(3) of title 54, 
        United States Code (referred to in this subsection as the 
        `account')--
                    ``(A) $10,000,000 shall be made available for each 
                fiscal year to carry out rangeland improvement projects 
                under subsection (b)(1), including for all forms of 
                rangeland betterment, management, and improvement 
                activities, including seeding and reseeding, fence 
                construction, the use of a temporary structure (such as 
                a corral), an invasive plant or weed control measure or 
                treatment, water development, and any other activity 
                that advances healthy rangeland improvement, habitat, 
                and resiliency; and
                    ``(B) $5,000,000 shall be available for each fiscal 
                year to enhance, expand, or improve access 
                opportunities producing co-benefits for hunting and 
                recreation activities on public lands or National 
                Forest System land under the jurisdiction of the 
                Secretary concerned through public access agreements 
                (including cooperative agreements or special use 
                agreements) that improve or provide for permanent, 
                temporary, or seasonal access to private land through 
                which individuals would need to traverse to access the 
                public lands or National Forest System land, subject to 
                paragraph (5)(B).
            ``(3) Additional funds.--Amounts made available from the 
        account for rangeland improvement projects under paragraph (2), 
        shall be--
                    ``(A) available, without further appropriation; and
                    ``(B) in addition to amounts received from fees or 
                other appropriations for those projects or public 
                access agreements.
            ``(4) Availability.--To provide sufficient flexibility for 
        multiyear contracts, procurement, and agreements, amounts made 
        available under subsection (b)(1) and paragraph (2) shall 
        remain available for expenditure, without fiscal year 
        limitation, until expended.
            ``(5) Coordination; agreements.--
                    ``(A) Rangeland improvement projects.--
                            ``(i) Coordination.--In carrying out 
                        rangeland improvement projects using amounts 
                        made available under subsection (b)(1) and 
                        paragraph (2)(A), the Secretary concerned shall 
                        coordinate with holders of grazing permits or 
                        leases to ensure collaborative and coordinated 
                        efforts.
                            ``(ii) Cooperative agreements.--The 
                        Secretary concerned may enter into a 
                        cooperative agreement with the holder of a 
                        grazing permit or lease to carry out rangeland 
                        improvement projects using amounts made 
                        available under subsection (b)(1) and paragraph 
                        (2)(A) that would benefit land, regardless of 
                        ownership, within the grazing allotment 
                        associated with the applicable grazing permit 
                        or lease.
                    ``(B) Public access agreements.--
                            ``(i) Requirements, prohibitions, and 
                        authorizations.--A public access agreement 
                        entered into under paragraph (2)(B)--
                                    ``(I) shall--
                                            ``(aa) be negotiated by the 
                                        Secretary concerned with 
                                        willing landowners;
                                            ``(bb) establish the terms 
                                        of the public access or any 
                                        enhancement project carried out 
                                        under the public access 
                                        agreement, including the 
                                        duration of the public access 
                                        agreement; and
                                            ``(cc) be entered into 
                                        voluntarily by a willing 
                                        landowner;
                                    ``(II) shall not convey to the 
                                public any right to hunt or otherwise 
                                carry out recreational activities on 
                                the private land subject to the public 
                                access agreement; and
                                    ``(III) may--
                                            ``(aa) be entered into 
                                        without reimbursement to the 
                                        willing landowner, if the 
                                        willing landowner volunteers to 
                                        not receive reimbursement; or
                                            ``(bb) provide for 
                                        reimbursement by the Secretary 
                                        concerned, as applicable, to 
                                        the willing landowner, with the 
                                        amount of the reimbursement to 
                                        be determined by the Secretary 
                                        concerned--

                                                    ``(AA) using the 
                                                principles of `roughly 
                                                equivalent value' or 
                                                another cost or 
                                                valuation method; and

                                                    ``(BB) which may 
                                                not require a formal 
                                                appraisal, if the 
                                                Secretary concerned 
                                                determines that an 
                                                appraisal is 
                                                unnecessary because the 
                                                valuation is 
                                                uncomplicated and the 
                                                anticipated value is 
                                                estimated to be $10,000 
                                                or less, based on a 
                                                review of available 
                                                data.

                            ``(ii) Priority.--In entering into public 
                        access agreements under paragraph (2)(B), the 
                        Secretary concerned may give priority to a 
                        public access agreement that provides public 
                        access to public lands or National Forest 
                        System land under the jurisdiction of the 
                        Secretary concerned of at least 640 acres with 
                        respect to which there is restricted or no 
                        public access.
                            ``(iii) No federal interest.--In entering 
                        into a public access agreement under paragraph 
                        (2)(B), the Secretary concerned shall not 
                        acquire a Federal interest in private land and, 
                        as a result, shall not be subject to Federal 
                        acquisition regulations.
                            ``(iv) Effect.--If a landowner elects not 
                        to enter into a public access agreement under 
                        paragraph (2)(B), the election shall not affect 
                        a grazing permit or lease held by the 
                        landowner.''.

SEC. 4. RENEWAL TERM OF GRAZING PERMITS OR LEASES.

    Section 402 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752) is amended--
            (1) in subsection (a), by striking ``ten years'' and 
        inserting ``not more than 20 years''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``shorter than ten years'' and inserting ``of 
                less than 20 years'';
                    (B) in paragraph (1), by striking ``or'' at the 
                end;
                    (C) in paragraph (2)--
                            (i) by striking ``ten years'' and inserting 
                        ``20 years''; and
                            (ii) by striking ``or'' at the end;
                    (D) by redesignating paragraph (3) as paragraph 
                (4);
                    (E) by inserting after paragraph (2) the following:
            ``(3) the initial environmental analysis under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to a grazing allotment, permit, or lease has not been 
        completed; or''; and
                    (F) in paragraph (4) (as so redesignated)--
                            (i) in the first proviso, by striking 
                        ``shorter than ten years'' and inserting ``of 
                        less than 20 years''; and
                            (ii) in the second proviso--
                                    (I) by striking ``shorter than ten 
                                years'' and inserting ``of less than 20 
                                years''; and
                                    (II) by striking ``items (1) 
                                through (3) of this subsection'' and 
                                inserting ``paragraphs (1) through 
                                (4)''.

SEC. 5. NEPA REVIEW IN RENEWAL OF GRAZING PERMITS AND LEASES AND 
              CERTAIN ACTIONS DURING EXTREME NATURAL EVENTS AND 
              DISASTERS.

    Section 402(h) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1752(h)) is amended by adding at the end the following:
            ``(3) Renewal.--The Secretary or the Secretary of 
        Agriculture, as applicable, shall be subject to a rebuttable 
        presumption that use of a categorical exclusion under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) would apply with respect to the renewal of a grazing 
        permit or lease under this section, if--
                    ``(A) the renewal of the grazing permit or lease is 
                consistent, or substantially consistent, with the use 
                authorized in the permit or lease being renewed;
                    ``(B) the renewal of the grazing permit or lease is 
                the same as, or has a minor adjustment in, as 
                determined by the Secretary or the Secretary of 
                Agriculture, as applicable, the season of use 
                authorized in the permit or lease being renewed; or
                    ``(C) the applicable permittee or lessee is in 
                compliance with the terms, conditions, and applicable 
                regulations of the permit or lease being renewed.
            ``(4) Authorized use during emergencies and natural events 
        and disasters.--The Secretary or the Secretary of Agriculture, 
        as applicable, shall be subject to a rebuttable presumption 
        that use of a categorical exclusion under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) would 
        apply to the temporary use of a vacant grazing allotments or 
        other minor adjustment in terms and conditions of a permit or 
        lease necessary to respond and adapt to resource conditions, 
        if--
                    ``(A) there is an unforeseen, uncontrollable 
                natural event or disaster (including extreme weather 
                conditions, drought, and infestation), that impedes the 
                use by the permittee or lessee of the grazing allotment 
                under established terms and conditions;
                    ``(B) the use of the vacant grazing allotment or 
                the adjustment in the authorized use would be limited 
                to 2 grazing seasons;
                    ``(C) a temporary adjustment in the existing season 
                of use to immediately respond to localized resource 
                conditions does not fluctuate more than 14 days prior 
                to, or immediately following, the existing season of 
                use date;
                    ``(D) the permittee or lessee is in compliance 
                with--
                            ``(i) all other terms and conditions of the 
                        applicable permit or lease; and
                            ``(ii) any applicable regulations;
                    ``(E) the vacant grazing allotment considered for 
                temporary use pursuant to section 405 has been assessed 
                or evaluated; and
                    ``(F) the use of the vacant grazing allotment or 
                adjustment in the authorized use does not alter the 
                original grazing allotment of the permittee or 
                lessee.''.
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