[Congressional Record Volume 141, Number 61 (Monday, April 3, 1995)]
[Extensions of Remarks]
[Pages E760-E761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 EXTENSION OF EXPIRING NATIONAL FOREST SERVICE GRAZING PERMITS PENDING 
                          FINAL AGENCY ACTION

                                 ______


                            HON. WES COOLEY

                               of oregon

                    in the house of representatives

                         Monday, April 3, 1995
  Mr. COOLEY. Mr. Speaker, today I am introducing legislation to 
prevent bureaucratic delays from hurting working ranchers that graze 
their livestock on National Forest System lands. My legislation would 
extend U.S. Forest Service [FS] grazing permits until the FS completes 
its obligations under the National Environmental Policy Act [NEPA].
  Roughly half of the 9,000 term grazing permits issued on 90 million 
acres of National Forest System lands will expire by the end of 1996. 
Some of these permits have already expired, and ranchers--by no 
wrongdoing of their own--have been denied their right to graze their 
livestock due to bureaucratic red tape. The FS is required to conduct 
analyses to ensure that permits comply with NEPA, but the sheer volume 
of work has resulted in the FS's denying to reissue some permits 
because it is unable to complete NEPA documentation. My bill would 
extend these permits until the FS completes its obligations under NEPA.
  My legislation would ensure fair treatment of law-abiding ranchers. 
These ranchers ought not be punished because the FS cannot complete its 
NEPA obligations on time. It is patently unfair that some permits have 
already been denied reissuance, and thousands of ranchers with permits 
on the brink of expiration face the same predicament. If the law is 
going to require the FS to jump through bureaucratic hoops, they ought 
to have time to do it before the permits of honest, hard-working 
ranchers are arbitrarily denied.
  The ranchers I know hold up their end of the bargain; they are good 
stewards of the land, they fulfill their obligations, and they have 
every right to expect the Government to get its job done. They ought 
not be punished because our nation's environmental laws are 
unreasonable and inflexible. My bill would extend their grazing permits 
until the FS completes its NEPA documentation, so that no rancher is 
denied a permit because of bureaucratic delays.
  The FS, to its credit, has expressed a willingness to work out this 
problem, but actions speak louder than words. The fact is that ranchers 
are being denied permits, through no fault of their own. That is simply 
unacceptable and my bill will fix it.
  I ask unanimous consent that a copy of the legislation appear in the 
Record after my statement.
                               H.R. 1375

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     SECTION 1. AUTOMATIC EXTENSION OF NATIONAL FOREST SYSTEM 
                   GRAZING PERMITS PENDING COMPLETION OF FINAL 
                   AGENCY ACTION.

       (a) Extension.--The term of each expiring term grazing 
     permit issued for lands within the National Forest System is 
     hereby extended to cover the period beginning on the 
     expiration date of the permit and ending on the date on which 
     the Secretary of Agriculture completes final agency action in 
     connection with the renewal of the permit. The extension 
     shall apply to the holder of the expiring term grazing 
     permit, subject to the same terms and conditions as apply to 
     the expiring term grazing permit.
       (b) Exception.--Subsection (a) shall not apply if the 
     holder of an expiring term grazing permit is not in 
     compliance with the terms and conditions of the permit at the 
     time the permit is originally due to expire.
       (c) Administrative Appeal and Judicial Review.--The 
     extension of expiring term grazing permits under subsection 
     (a) shall not be subject to administrative appeal or judicial 
     review.
     [[Page E761]]   (d) Definitions.--For purposes of this 
     section:
       (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 has not been 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 regarding an expiring term grazing permit 
     in which--
       (A) any analysis required by the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
     applicable laws has been completed; and
       (B) all available administrative remedies have been 
     exhausted.
       (3) Holder.--The term ``holder'' includes 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
       (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.
       (4) Term grazing permit.--The term ``term grazing permit'' 
     means a grazing permit or grazing agreement issued by the 
     Secretary of Agriculture for a specified term under section 
     402 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1752), section 19 of the Act of April 24, 1950 
     (commonly known as the ``Granger-Thye Act'') (16 U.S.C. 
     580l), or other law.
     

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