[Congressional Record Volume 141, Number 57 (Tuesday, March 28, 1995)]
[Senate]
[Pages S4704-S4705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       REGULATORY TRANSITION ACT

  The Senate continued with the consideration of the bill.


                 Amendment No. 414 to Amendment No. 410

  (Purpose: To require the Secretary of Agriculture to issue new term 
    permits for grazing on National Forest System lands to replace 
  previously issued term grazing permits that have expired, soon will 
    expire, or are waived to the Secretary, and for other purposes)

  Mr. REID. Madam President, in behalf of the minority leader, the 
Senator from South Dakota, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Daschle, 
     proposes an amendment numbered 414 to amendment No. 410.

  Mr. REID. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place insert the following:
                    TITLE ____--TERM GRAZING PERMITS

     SEC. ____01. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Secretary of Agriculture (referred to in this Act 
     as the ``Secretary'') administers the 191,000,000-acre 
     National Forest System for multiple uses in accordance with 
     Federal law;
       (2) where suitable, 1 of the recognized multiple uses for 
     National Forest System land is grazing by livestock;
       (3) the Secretary authorizes grazing through the issuance 
     of term grazing permits that have terms of not to exceed 10 
     years and that include terms and conditions necessary for the 
     proper administration of National Forest System land and 
     resources;
       (4) as of the date of enactment of this Act, the Secretary 
     has issued approximately 9,000 term grazing permits 
     authorizing grazing on approximately 90,000,000 acres of 
     National Forest System land;
       (5) of the approximately 9,000 term grazing permits issued 
     by the Secretary, approximately one-half have expired or will 
     expire by the end of 1996;
       (6) if the holder of an expiring term grazing permit has 
     complied with the terms and conditions of the permit and 
     remains eligible and qualified, that individual is considered 
     to be a preferred applicant for a new term grazing permit in 
     the event that the Secretary determines that grazing remains 
     an appropriate use of the affected National Forest System 
     land;
       (7) in addition to the approximately 9,000 term grazing 
     permits issued by the Secretary, it is estimated that as many 
     as 1,600 term grazing permits may be waived by permit holders 
     to the Secretary in favor of a purchaser of the permit 
     holder's permitted livestock or base property by the end of 
     1996;
       (8) to issue new term grazing permits, the Secretary must 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other laws;
       (9) for a large percentage of the grazing permits that will 
     expire or be waived to the Secretary by the end of 1996, the 
     Secretary has devised a strategy that will result in 
     compliance with the National Environmental Policy Act of 1969 
     and other applicable laws (including regulations) in a timely 
     and efficient manner and enable the Secretary to issue new 
     term grazing permits, where appropriate;
       (10) for a small percentage of the grazing permits that 
     will expire or be waived to the Secretary by the end of 1996, 
     the strategy will not provide for the timely issuance of new 
     term grazing permits; and
       (11) in cases in which ranching operations involve the use 
     of a term grazing permit issued by the Secretary, it is 
     essential for new term grazing permits to be issued in a 
     timely manner for financial and other reasons.
       (b) Purpose.--The purpose of this Act is to ensure that 
     grazing continues without interruption on National Forest 
     System land in a manner that provides long-term protection of 
     the environment and improvement of National Forest System 
     rangeland resources while also providing short-term certainty 
     to holders of expiring term grazing permits and purchasers of 
     a permit holder's permitted livestock or base property.

     SEC. ____02. DEFINITIONS.

       In this Act:
       (1) Expiring term grazing permit.--The term ``expiring term 
     grazing permit'' means a term grazing permit--
       (A) that expires in 1995 or 1996; or
       (B) that expired in 1994 and was not replaced with a new 
     term grazing permit solely because the analysis required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and other applicable laws has not been completed.
       (2) Final agency action.--The term ``final agency action'' 
     means agency action with respect to which all available 
     administrative remedies have been exhausted.
       (3) Term grazing permit.--The term ``term grazing permit 
     means a term grazing permit or grazing agreement issued by 
     the Secretary under section 402 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1752), section 19 of 
     the Act entitled ``An Act to facilitate and simplify the work 
     of the Forest Service, and for other purposes'', approved 
     April 24, 1950 (commonly known as the ``Granger-Thye Act'') 
     (16 U.S.C. 580l), or other law.

     SEC. ____03. ISSUANCE OF NEW TERM GRAZING PERMITS.

       (a) In General.--Notwithstanding any other law, the 
     Secretary shall issue a new term grazing permit without 
     regard to whether the analysis required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable laws has been completed, or final agency 
     action respecting the analysis has been taken--
       (1) to the holder of an expiring term grazing permit ; or
       (2) to the purchaser of a term grazing permit holder's 
     permitted livestock or base property if--
       (A) between January 1, 1995, and December 1, 1996, the 
     holder has waived the term grazing permit to the Secretary 
     pursuant to section 222.3(c)(1)(iv) of title 36, Code of 
     Federal Regulations; and
     [[Page S4705]]   (B) the purchaser of the term grazing permit 
     holder's permitted livestock or base property is eligible and 
     qualified to hold a term grazing permit.
       (b) Terms and Conditions.--Except as provided in subsection 
     (c)--
       (1) a new term grazing permit under subsection (a)(1) shall 
     contain the same terms and conditions as the expired term 
     grazing permit; and
       (2) a new term grazing permit under subsection (a)(2) shall 
     contain the same terms and conditions as the waived permit.
       (c) Duration.--
       (1) In general.--A new term grazing permit under subsection 
     (a) shall expire on the earlier of--
       (A) the date that is 3 years after the date on which it is 
     issued; or
       (B) the date on which final agency action is taken with 
     respect to the analysis required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable laws.
       (2) Final action in less than 3 years.--If final agency 
     action is taken with respect to the analysis required by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and other applicable laws before the date that is 3 
     years after the date on which a new term grazing permit is 
     issued under subsection (a), the Secretary shall--
       (A) cancel the new term grazing permit; and
       (B) if appropriate, issue a term grazing permit for a term 
     not to exceed 10 years under terms and conditions as are 
     necessary for the proper administration of National Forest 
     System rangeland resources.
       (d) Date of Issuance.--
       (1) Expiration on or before date of enactment.--In the case 
     of an expiring term grazing permit that has expired on or 
     before the date of enactment of this Act, the Secretary shall 
     issue a new term grazing permit under subsection (a)(1) not 
     later than 15 days after the date of enactment of this Act.
       (2) Expiration after date of enactment.--In the case of an 
     expiring term grazing permit that expires after the date of 
     enactment of this Act, the Secretary shall issue a new term 
     grazing permit under subsection (a)(1) on expiration of the 
     expiring term grazing permit.
       (3) Waived permits.--In the case of a term grazing permit 
     waived to the Secretary pursuant to section 222.3(c)(1)(iv) 
     of title 36, Code of Federal Regulations, between January 1, 
     1995, and December 31, 1996, the Secretary shall issue a new 
     term grazing permit under subsection (a)(2) not later than 60 
     days after the date on which the holder waives a term grazing 
     permit to the Secretary.

     SEC. ____04. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

       The issuance of a new term grazing permit under section 
     ____03(a) shall not be subject to administrative appeal or 
     judicial review.

     SEC. ____05. REPEAL.

       This Act is repealed effective as of January 1, 2001.

  Mr. GLENN. Madam President, we have been through the details of this. 
I think it is justified. We would be glad to accept it on this side.
  The PRESIDING OFFICER. Is there further debate on this amendment?
  Mr. NICKLES. Madam President, we have no objection to the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment offered by the Senator from South Dakota.
  The amendment (No. 414) was agreed to.
  Mr. REID. Madam President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. GLENN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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