[Congressional Record Volume 142, Number 39 (Wednesday, March 20, 1996)]
[Senate]
[Pages S2431-S2438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 48--RELATIVE TO THE INAUGURATION OF THE 
              PRESIDENT-ELECT AND THE VICE PRESIDENT-ELECT

  Mr. WARNER (for himself and Mr. Ford) submitted the following 
concurrent resolution; which was considered and agreed to:

                            S. Con. Res. 48

       Resolved by the Senate (the House of Representatives 
     concurring), That (a) the rotunda of the United States 
     Capitol is hereby authorized to be used on January 20, 1997, 
     by the Joint Congressional Committee on Inaugural Ceremonies 
     (the ``Joint Committee'') in connection with the proceedings 
     and ceremonies conducted for the inauguration of the 
     President-elect and the Vice President-elect of the United 
     States.
       (b) The Joint Committee is authorized to utilize 
     appropriate equipment and the services of appropriate 
     personnel of departments and agencies of the Federal 
     Government, under arrangements between such Committee and the 
     heads of such departments and agencies, in connection with 
     such proceedings and ceremonies. The Joint Committee may 
     accept gifts and donations of goods and services to carry out 
     its responsibilities.

[[Page S2432]]



                          AMENDMENTS SUBMITTED

                                 ______


   THE PUBLIC RANGELANDS MANAGEMENT ACT OF 1996 NATIONAL GRASSLANDS 
                         MANAGEMENT ACT OF 1996

                                 ______


                DOMENICI (AND OTHERS) AMENDMENT NO. 3555

  Mr. DOMENICI (for himself, Mr. Murkowski, Mr. Craig, Mr. Thomas, Mr. 
Burns, Mr. Kyl, Mr. Campbell, Mr. Hatch, Mr. Bennett, Mr. Kempthorne, 
Mr. Simpson, Mr. Pressler, and Mr. Dole) to the bill (S. 1459) to 
provide for uniform management of livestock grazing on Federal land, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     ``SECTION 1. SHORT TITLE.

       (a) Short Title.--This title may be cited as the ``Public 
     Rangelands Management Act of 1995.''

     SEC. 2 EFFECTIVE DATE.

       (a) In General.--This Act and the amendments and repeals 
     make by this Act shall become effective on the date of 
     enactment.
       (b) Applicable Regulations.--
       (1) Except as provided in paragraph (2), grazing of 
     domestic livestock on lands administered by the Chief of the 
     Forest Service and the Director of the Bureau of Land 
     Management, as defined in section 104(11) of this Act, shall 
     be administered in accordance with the applicable regulations 
     in effect for each agency as of February 1, 1995, until such 
     time as the Secretary of Agriculture and the Secretary of the 
     Interior promulgate new regulations in accordance with this 
     Act.
       (2) Resource Advisory Councils established by the Secretary 
     of the Interior after August 21, 1995, may continue to 
     operate in accordance with their charters for a period not to 
     extend beyond February 28, 1997, and shall be subject to the 
     provisions of this Act.
       (c) New Regulations.--With respect to title I of this Act--
       (1) the Secretary of Agriculture and the Secretary of the 
     Interior shall provide, to the maximum extent practicable, 
     for consistent and coordinated administration of livestock 
     grazing and management of rangelands administered by the 
     Chief of the Forest Service and the Director of the Bureau of 
     Land Management, as defined in section 104(11) of this Act, 
     consistent with the laws governing the public lands and the 
     National Forest System;
       (2) the Secretary of Agriculture and the Secretary of the 
     Interior shall, to the maximum extent practicable, coordinate 
     the promulgation of new regulations and shall publish such 
     regulations simultaneously.

             TITLE I. MANAGEMENT OF GRAZING ON FEDERAL LAND

                     Subtitle A--General Provisions

     SEC. 101. FINDINGS.

       (a) Findings.--Congress finds that--
       (1) multiple use, as set forth in current law, has been and 
     continues to be a guiding principle in the management of 
     public lands and national forests;
       (2) through the cooperative and concerted efforts of the 
     Federal rangeland livestock industry, Federal and State land 
     management agencies, and the general public, the Federal 
     rangelands are in the best condition they have been in during 
     this century, and their conditions continues to improve;
       (3) as a further consequence of those efforts, populations 
     of wildlife are increasing and stabilizing across vast areas 
     of the West;
       (4) grazing preferences must continue to be adequately 
     safeguarded in order to promote the economic stability of the 
     western livestock industry;
       (5) it is in the public interest to charge a fee for 
     livestock grazing permits and leases on Federal land that is 
     based on a formula that--
       (A) reflects a fair return to the Federal Government and 
     the true costs to the permittee or lessee; and
       (B) promotes continuing cooperative stewardship efforts;
       (6) opportunities exist for improving efficiency in the 
     administration of the range programs on Federal land by--
       (A) reducing planning and analysis costs and their 
     associated paperwork, procedural, and clerical burdens; and
       (B) refocusing efforts to the direct management of the 
     resources themselves;
       (7) in order to provide meaningful review and oversight of 
     the management of the public rangelands and the grazing 
     allotment on those rangelands, refinement of the reporting of 
     costs of various components of the land management program is 
     needed;
       (8) greater local input into the management of the public 
     rangelands is in the best interests of the United States;
       (9) the western livestock industry that relies on Federal 
     land plays an important role in preserving the social, 
     economic, and cultural base of rural communities in the 
     western States and further plays an integral role in 
     the economies of the 16 contiguous western States with 
     Federal rangelands;
       (10) maintaining the economic viability of the western 
     livestock industry is in the best interest of the United 
     States in order to maintain open space and fish and wildlife 
     habitat;
       (11) since the enactment of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) and the 
     amendment of section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604) by the 
     National Forest Management Act of 1976 (16 U.S.C. 472a et 
     seq.), the Secretary of the Interior and the Secretary of 
     Agriculture have been charged with coordinating land use 
     inventory, planning and management programs on Bureau of Land 
     Management and National Forest System lands with each other, 
     other Federal departments and agencies, Indian tribes, and 
     State and local governments within which the lands are 
     located, but to date such coordination has not existed to the 
     extent allowed by law; and
       (12) it shall not be the policy of the United States to 
     increase or reduce total livestock numbers on Federal land 
     except as is necessary to provide for proper management of 
     resources, based on local conditions, and as provided by 
     existing law related to the management of Federal land and 
     this title.
       (b) Repeal of Earlier Finding.--Section 2(a) of the Public 
     Rangelands Improvement Act of 1978 (43 U.S.C. 1901(a)) is 
     amended--
       (1) by striking paragraphs (1), (2), (3), and (4);
       (2) by redesignating paragraphs (5) and (6) as paragraphs 
     (1) and (2), respectively;
       (3) in paragraph (1) (as so redesignated), by adding 
     ``and'' at the end; and
       (4) in paragraph (2) (as so redesignated)
       (A) by striking ``harrassment'' and inserting 
     ``harassment''; and
       (B) by striking the semicolon at the end and inserting a 
     period.

     SEC. 102. APPLICATION OF ACT.

       (a) This Act applies to--
       (1) the management of grazing on Federal land by the 
     Secretary of the Interior under--
       (A) the Act of June 28, 1934 (commonly known as the 
     ``Taylor Grazing Act'') (48 Stat. 1269, chapter 865; 43 
     U.S.C. 315 et seq.);
       (B) the Act of August 28, 1937 (commonly known as the 
     ``Oregon and California Railroad and Coos Bay Wagon Road 
     Grant Lands Act of 1937'') (50 Stat. 874, chapter 876; 43 
     U.S.C. 1181a et seq.);
       (C) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (D) the Public Rangelands Improvement Act of 1978 (43 
     U.S.C. 1901 et seq.);
       (2) the management of grazing on Federal land by the 
     Secretary of Agriculture under--
       (A) the 12th undesignated paragraph under the heading 
     ``SURVEYING THE PUBLIC LANDS.'' under the heading ``UNDER THE 
     DEPARTMENT OF THE INTERIOR.'' in the first section of the Act 
     of June 4, 1897 (commonly known as the ``Organic 
     Administration Act of 1897'') (30 Stat. 11,35, chapter 2; 16 
     U.S.C. 511);
       (B) the Act of April 24, 1950 (commonly known as the 
     ``Granger-Thye Act of 1950'') (64 Stat. 85, 88, chapter 97; 
     16 U.S.C. 580g, 580h, 5801);
       (C) the Multiple-Use Sustained Yield Act of 1960 (16 U.S.C. 
     528 et seq.);
       (C) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. et seq.);
       (E) the National Forest Management Act of 1976 (16 U.S.C. 
     472a et seq.);
       (F) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (G) the Public Rangelands Improvements Act of 1978 (43 
     U.S.C. 1901 et seq.); and
       (3) management of grazing by the Secretary on behalf of the 
     head of another department or agency under a memorandum of 
     understanding.
       (b) Nothing is this title shall authorize grazing in any 
     unit of the National Park System, National Wildlife Refuge 
     System, or on any other Federal lands where such use is 
     prohibited by statute, nor supersedes or amends any 
     limitation on the levels of use for grazing that may be 
     specified in other Federal law, nor expands or enlarges any 
     such prohibition or limitation.
       (c) Nothing in this title shall limit or preclude the use 
     of and access to Federal land for hunting, fishing, 
     recreational, watershed management or other appropriate 
     multiple use activities in accordance with applicable Federal 
     and State laws and the principles of multiple use.
       (d) Nothing in this title shall affect valid existing 
     rights. Section 1323(a) and 1323(b) of Public Law 96-487 
     shall continue to apply to nonfederally owned lands.

     SEC. 103. OBJECTIVE.

       The objective of this title is to--
       (1) promote healthy, sustained rangeland;
       (2) provide direction for the administration of livestock 
     grazing on Federal land;
       (3) enhance productivity of Federal land by conservation of 
     forage resources, reduction of soil erosion, and proper 
     management of other resources such as control of noxious 
     species invasion;
       (4) provide stability to the livestock industry that 
     utilizes the public rangeland;
       (5) emphasize scientific monitoring of trends and condition 
     to support sound rangeland management;
       (6) maintain and improve the condition of riparian areas 
     which are critical to wildlife habitat and water quality; and
       (7) promote the consideration of wildlife populations and 
     habitat, consistent with land use plans, principles of 
     multiple-use, and other objectives stated in this section.

     SEC. 104. DEFINITIONS.

       In General.--In this title:
       (1) Active use.--The term ``active use'' means the amounts 
     of authorized livestock grazing use made at any time.
       (2) Actual use.--The term ``actual use'' means the number 
     and kinds or classes of

[[Page S2433]]

     livestock, and the length of time that livestock graze on, an 
     allotment.
       (3) Affected interest.--The term ``affected interest'' 
     means an individual or organization that has expressed in 
     writing to the Secretary concern for the management of 
     livestock grazing on a specific allotment, for the purpose of 
     receiving notice of and the opportunity for comment and 
     informal consultation on proposed decisions of the Secretary 
     affecting the allotment.
       (4) Allotment.--The term ``allotment'' means an area of 
     designated Federal land that includes management for grazing 
     of livestock.
       (5) Allotment management plan.--The term ``allotment 
     management plan'' has the same meaning as defined in section 
     103(k) of Pub. L. 94-579 (43 U.S.C. 1702(k)).
       (6) Authorized officer.--The term ``authorized officer'' 
     means a person authorized by the Secretary to administer this 
     title, the Acts cited in section 102, and regulations issued 
     under this title and those Acts.
       (7) Base property.--The term ``base property'' means--
       (A) private land that has the capability of producing crops 
     or forage that can be used to support authorized livestock 
     for a specified period of the year; or
       (B) water that is suitable for consumption by livestock and 
     is available to and accessible by authorized livestock when 
     the land is used for livestock grazing.
       (8) Cancel; cancellation.--The terms ``cancel'' and 
     ``cancellation'' refer to a permanent termination, in whole 
     or in part, of--
       (A) a grazing permit or lease and grazing preference; or
       (B) other grazing authorization.
       (9) Consultation, cooperation, and coordination.--The term 
     ``consultation, cooperation, and coordination'' means, for 
     the purposes of this title and section 402(d) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1752(d)), 
     engagement in good faith efforts to reach consensus.
       (10) Coordinated resource management.--The term 
     ``coordinated resource management''--
       (A) means the planning and implementation of management 
     activities in a specified geographic area that require the 
     coordination and cooperation of the Bureau of Land Management 
     or the Forest Service with affected State agencies, private 
     land owners, and Federal land users; and
       (B) may include, but is not limited to practices that 
     provide for conservation, resource protection, resource 
     enhancement or integrated management of multiple-use 
     resources.
       (11) Federal land.--The term ``Federal land''--
       (A) means land outside the State of Alaska that is owned by 
     the United States and administered by--
       (i) the Secretary of the Interior, acting through the 
     Director of the Bureau of Land Management; or
       (ii) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service; but
       (B) does not include--
       (i) land held in trust for the benefit of Indians; or
       (ii) the National Grasslands as defined in section 203.
       (12) Grazing permit or lease.--The term ``grazing permit or 
     lease'' means a document authorizing use of the Federal 
     land--
       (A) within a grazing district under section 3 of the Act of 
     June 28, 1934 (commonly known as the ``Taylor Grazing Act'') 
     (48 Stat. 1270, chapter 865; 43 U.S.C. 315b), for the purpose 
     of grazing livestock;
       (B) outside grazing districts under section 15 of the Act 
     of June 28, 1934 (commonly known as the ``Taylor Grazing 
     Act'') (48 Stat. 1275, chapter 865; 43 U.S.C. 315m), for the 
     purpose of grazing livestock; or
       (C) in a national forest under section 19 of the Act of 
     April 24, 1950 (commonly known as the ``Granger-Thye Act of 
     1950'') (64 Stat. 88, chapter 97; 16 U.S.C. 5801), for the 
     purposes of grazing livestock.
       (13) Grazing preference.--The term ``grazing preference'' 
     means the number of animal unit months of livestock grazing 
     on Federal land as adjudicated or apportioned and attached to 
     base property owned or controlled by a permittee or lessee.
       (14) Land base property.--The term ``land base property'' 
     means base property described in paragraph (7)(A).
       (15) Land use plan.--The term ``land use plan'' means--
       (A) with respect to Federal land administered by the Bureau 
     of Land Management, one of the following developed in 
     accordance with the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.)--
       (i) a resource management plan; or
       (ii) a management framework plan that is in effect pending 
     completion of a resource management plan; and
       (B) with respect to Federal land administered by the Forest 
     Service, a land and resource management plan developed in 
     accordance with section 6 of the Forest and Rangeland 
     Resources Planning Act of 1974 (16 U.S.C. 1604).
       (16) Livestock carrying capacity.--The term ``livestock 
     carrying capacity'' means the maximum sustainable stocking 
     rate that is possible without inducing long-term damage to 
     vegetation or related resources.
       (17) Monitoring.--The term ``monitoring'' means the orderly 
     collection of data using scientifically-based techniques to 
     determine trend and condition of rangeland resources. Data 
     may include historical information, but must be sufficiently 
     reliable to evaluate--
       (A) effects of ecological changes and management actions; 
     and
       (B) effectiveness of actions in meeting management 
     objectives.
       (18) Range improvement.--The term ``range improvement''--
       (A) means an authorized activity or program on or relating 
     to rangeland that is designed to--
       (i) improve production of forage;
       (ii) change vegetative composition;
       (iii) control patterns of use;
       (iv) provide water;
       (v) stabilize soil and water conditions; or
       (vi) provide habitat for livestock, wild horses and burros, 
     and wildlife; and
       (B) includes structures, treatment projects, and use of 
     mechanical means to accomplish the goals described in 
     subparagraph (A).
       (19) Rangeland study.--The term ``rangeland study'' means a 
     documented study or analysis of data obtained on actual use, 
     utilization, climatic conditions, other special events, 
     production trend, and resource condition and trend to 
     determine whether management objectives are being met, that--
       (A) relies on the examination of physical measurements of 
     range attributes and not on cursory visual scanning of land, 
     unless the condition to be assessed is patently obvious and 
     requires no physical measurements;
       (B) utilizes a scientifically based and verifiable 
     methodology; and
       (C) is accepted by an authorized officer.
       (20) Secretary; secretaries.--The terms ``Secretary'' or 
     ``Secretaries'' mean--
       (A) the Secretary of the Interior, in reference to 
     livestock grazing on Federal land administered by the 
     Director of the Bureau of Land Management; and
       (B) the Secretary of Agriculture, in reference to livestock 
     grazing on Federal land administered by the Chief of the 
     Forest Service or the National Grasslands referred to in 
     title II.
       (21) Sublease.--The term ``sublease'' means an agreement by 
     a permittee or lessee that--
       (A) allows a person other than the permittee or lessee to 
     graze livestock on Federal land without controlling the base 
     property supporting the grazing permit or lease; or
       (B) allows grazing on Federal land by livestock not owned 
     or controlled by the permittee or lessee.
       (22) Suspend; suspension.--The terms ``suspend'' and 
     ``suspension'' refer to a temporary withholding, in whole or 
     in part, of a grazing preference from active use, ordered by 
     the Secretary or done voluntarily by a permittee or lessee.
       (23) Utilization.--The term ``utilization'' means the 
     percentage of a year's forage production consumed or 
     destroyed by herbivores.
       (24) Water base property.--The term ``water base property'' 
     means base property described in paragraph (7)(B).

     SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

       (a) Standards and Guidelines.--The Secretary shall 
     establish standards and guidelines for addressing resource 
     condition and trend on a State or regional level in 
     consultation with the Resource Advisory Councils established 
     in section 161, State departments of agriculture and other 
     appropriate State agencies, and academic institutions in each 
     interested State. Standards and guidelines developed pursuant 
     to this subsection shall be consistent with the objectives 
     provided in section 103 and incorporated, by operation of 
     law, into the applicable land use plan to provide guidance 
     and direction for Federal land managers in the performance of 
     their assigned duties.
       (b) Coordinated Resource Management.--The Secretary shall, 
     where appropriate, authorize and encourage the use of 
     coordinated resource management practices. Coordinated 
     resource management practices shall be--
       (1) scientifically based;
       (2) consistent with goals and management objectives of the 
     applicable land use plan;
       (3) for the purposes of promoting good stewardship and 
     conservation of multiple-use rangeland resources; and
       (4) authorized under a cooperative agreement with a 
     permittee or lessee, or an organized group of permittees or 
     lessees in a specified geographic area. Notwithstanding the 
     mandatory qualifications required to obtain a grazing permit 
     or lease by this or any other act, such agreement may include 
     other individuals, organizations, or Federal land users.
       (c) Coordination of Federal Agencies.--Where coordinated 
     resource management involves private land, State land, and 
     Federal land managed by the Bureau of Land Management or the 
     Forest Service, the Secretaries are hereby authorized and 
     directed to enter into cooperative agreements to coordinate 
     the associated activities of--
       (1) the Bureau of Land Management;
       (2) the Forest Service; and
       (3) the Natural Resources Conservation Service.
       (d) Rule of Construction.--Nothing in this title or any 
     other law implies that a minimum national standard or 
     guideline is necessary.

     SEC. 106. LAND USE PLANS.

       (a) Principle of Multiple Use and Sustained Yield.--An 
     authorized officer shall manage livestock grazing on Federal 
     land under the principles of multiple use and sustained yield 
     and in accordance with applicable land use plans.
       (b) Contents of Land Use Plan.--With respect to grazing 
     administration, a land use plan shall--

[[Page S2434]]

       (1) consider the impacts of all multiple uses, including 
     livestock and wildlife grazing, on the environment and 
     condition of public rangelands, and the contributions of 
     these uses to the management, maintenance and improvement of 
     such rangelands;
       (2) establish available animal unit months for grazing use, 
     related levels of allowable grazing use, resource condition 
     goals, and management objectives for the Federal land covered 
     by the plan; and
       (3) set forth programs and general management practices 
     needed to achieve the purposes of this title.
       (c) Application of NEPA.--Land use plans and amendments 
     thereto shall be developed in conformance with the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       (d) Conformance With Land Use Plan.--Livestock grazing 
     activities, management actions and decisions approved by the 
     authorized officer, including the issuance, renewal, or 
     transfer of grazing permits or leases, shall not constitute 
     major Federal actions requiring consideration under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) in addition to that which is necessary to support the 
     land use plan, and amendments thereto.
       (e) Nothing in this section is intended to override the 
     planning and public involvement processes of any other 
     Federal law pertaining to Federal lands.

     SEC. 107. REVIEW OF RESOURCE CONDITION.

       (a) Upon the issuance, renewal, or transfer of a grazing 
     permit or lease, and at least once every six (6) years, the 
     Secretary shall review all available monitoring data for the 
     affected allotment. If the Secretary's review indicates that 
     the resource condition is not meeting management objectives, 
     then the Secretary shall prepare a brief summary report 
     which--
       (1) evaluates the monitoring data;
       (2) identifies the unsatisfactory resource conditions and 
     the use or management activities contributing to such 
     conditions; and
       (3) makes recommendations of any modifications to 
     management activities, or permit or lease terms and 
     conditions necessary to meet management objectives.
       (b) The Secretary shall make copies of the summary report 
     available to the permittee or lessee, and affected interests, 
     and shall allow for a 30-day comment period to coincide with 
     the 30-day time period provided in section 155. At the end of 
     such comment period, the Secretary shall review all comments, 
     and as the Secretary deems necessary, modify management 
     activities, and pursuant to section 134, the permit or lease 
     terms and conditions.
       (c) If the Secretary determines that available monitoring 
     data are insufficient to make recommendations pursuant to 
     subsection (a)(3), the Secretary shall establish a reasonable 
     schedule to gather sufficient data pursuant to section 123. 
     Insufficient monitoring data shall not be grounds for the 
     Secretary to refuse to issue, renew or transfer a grazing 
     permit or lease, or to terminate or modify the terms and 
     conditions of an existing grazing permit or lease.

           Subtitle B--Qualifications and Grazing Preferences

     SEC. 111. SPECIFYING GRAZING PREFERENCE.

       (a) In General.--A grazing permit or lease shall specify--
       (1) a historical grazing preference;
       (2) active use, based on the amount of forage available for 
     livestock grazing established in the land use plan;
       (3) suspended use; and
       (4) voluntary and temporary nonuse.
       (b) Attachment of Grazing Preference.--A grazing preference 
     identified in a grazing permit or lease shall attach to the 
     base property supporting the grazing permit or lease.
       (c) Attachment of Animal Unit Months.--The animal unit 
     months of a grazing preference shall attach to--
       (1) the acreage of land base property on a pro rata basis; 
     or
       (2) water base property on the basis of livestock forage 
     production within the service area of the water.

                     Subtitle C--Grazing Management

     SEC. 121. ALLOTMENT MANAGEMENT PLANS.

       If the Secretary elects to develop or revise an allotment 
     management plan for a given area, he shall do so in careful 
     and considered consultation, cooperation, and coordination 
     with the lessees, permittees, and landowners involved, the 
     grazing advisory councils established pursuant to section 
     162, and any State or States having lands within the area to 
     be covered by such allotment management plan. The Secretary 
     shall provide for public participation in the development or 
     revision of an allotment management plan as provided in 
     section 155.

     SEC. 122. RANGE IMPROVEMENTS.

       (a) Range Improvement Cooperative Agreements.--
       (1) In general.--The Secretary may enter into a cooperative 
     agreement with a permittee or lessee for the construction, 
     installation, modification, removal, or use of a permanent 
     range improvement or development of a rangeland to achieve a 
     management or resource condition objection.
       (2) Cost-sharing.--A range improvement cooperative 
     agreement shall specify how the costs or labor, or both, 
     shall be shared between the United States and the other 
     parties to the agreement.
       (3) Title.--
       (A) In general.--Subject to valid existing rights, title to 
     an authorized structural range improvement under a range 
     improvement cooperative agreement shall be shared by the 
     cooperator(s) and the United States in proportion to the 
     value of the contributions (funding, material, and labor) 
     toward the initial cost of construction.
       (B) Value of federal land.--For the purpose of subparagraph 
     (A), only a contribution to the construction, installation, 
     or modification of a permanent rangeland improvement itself, 
     and not the value of Federal land on which the improvement is 
     placed, shall be taken into account.
       (4) Nonstructural range improvements.--A range improvement 
     cooperative agreement shall ensure that the respective 
     parties enjoy the benefits of any nonstructural range 
     improvement, such as seeding, spraying, and chaining, in 
     proportion to each party's contribution to the improvement.
       (5) Incentive.--A range improvement cooperative agreement 
     shall contain terms and conditions that are designed to 
     provide a permittee or lessee an incentive for investing in 
     range improvements.
       (b) Range Improvement Permits.--
       (1) Application.--A permittee or lessee may apply for a 
     range improvement permit to construct, install, modify, 
     maintain, or use a range improvement that is needed to 
     achieve management objectives within the permittee's or 
     lessee's allotment.
       (2) Funding.--A permittee or lessee shall agree to provide 
     full funding for construction, installation, modification, or 
     maintenance of a range improvement covered by a range 
     improvement permit.
       (3) Authorized officer to issue.--A range improvement 
     permit shall be issued at the discretion of the authorized 
     officer.
       (4) Title.--Title to an authorized permanent range 
     improvement under a range improvement permit shall be in the 
     name of the permittee or lessee.
       (5) Control.--The use by livestock of stock ponds or wells 
     authorized by a range improvement permit shall be controlled 
     by the permittee or lessee holding a range improvement 
     permit.
       (c) Assignment of Range Improvements.--An authorized 
     officer shall not approve the transfer of a grazing 
     preference, or approve use by the transferee of existing 
     range improvements unless the transferee has agreed to 
     compensate the transferor for the transferor's interest in 
     the authorized permanent improvements within the allotment as 
     of the date of the transfer.

     SEC. 123. MONITORING AND INSPECTION.

       (a) Monitoring.--Monitoring of resource condition and trend 
     of Federal land on an allotment shall be performed by 
     qualified persons approved by the Secretary, including but 
     not limited to Federal, State, or local government personnel, 
     consultants, and grazing permittees or lessees.
       (b) Inspection.--Inspection of a grazing allotment shall be 
     performed by qualified Federal, State or local agency 
     personnel, or qualified consultants retained by the United 
     States.
       (c) Monitoring Criteria and Protocols.--Rangeland 
     monitoring shall be conducted according to regional or State 
     criteria and protocols that are scientifically based. 
     Criteria and protocols shall be developed by the Secretary in 
     consultation with the Resource Advisory Councils established 
     in section 161, State departments of agriculture or other 
     appropriate State agencies, and academic institutions in each 
     interested State.
       (d) Oversight.--The authorized officer shall provide 
     sufficient oversight to ensure that all monitoring is 
     conducted in accordance with criteria and protocols 
     established pursuant to subsection (c).
       (e) Notice.--In conducting monitoring activities, the 
     Secretary shall provide reasonable notice of such activities 
     to permittees or lessees, including prior notice to the 
     extent practicable of not less than 48 hours. Prior notice 
     shall not be required for the purposes of inspections, if the 
     authorized officer has substantial grounds to believe that a 
     violation of this or any other act is occurring on the 
     allotment.

     SEC. 124. WATER RIGHTS.

       (a) In General.--No water rights on Federal land shall be 
     acquired, perfected, owned, controlled, maintained, 
     administered, or transferred in connection with livestock 
     grazing management other than in accordance with State law 
     concerning the use and appropriation of water within the 
     State.
       (b) State Law.--In managing livestock grazing on Federal 
     land, the Secretary shall follow State law with regard to 
     water right ownership and appropriation.
       (c) Authorized Use or Transport.--The Secretary cannot 
     require permittees or lessees to transfer or relinquish all 
     or a portion of their water right to another party, including 
     but not limited to the United States, as a condition to 
     granting a grazing permit or lease, range improvement 
     cooperative agreement or range improvement permit.
       (d) Rule of construction.--Nothing in this title shall be 
     construed to create an expressed or implied reservation of 
     water rights in the United States.
       (e) Valid Existing rights.--Nothing in this act shall 
     affect valid existing water rights.

                Subtitle D--Authorization of Grazing Use

     SEC. 131. GRAZING PERMITS OR LEASES.

       (a) Term.--A grazing permit or lease shall be issued for a 
     term of 12 years unless--
       (1) the land is pending disposal;
       (2) the land will be devoted to a public purpose that 
     precludes grazing prior to the end of 12 years; or

[[Page S2435]]

       (3) the Secretary determines that it would be in the best 
     interest of sound land management to specify a shorter term, 
     if the decision to specify a shorter term is supported by 
     appropriate and accepted resource analysis and evaluation, 
     and a shorter term is determined to be necessary, based upon 
     monitoring information, to achieve resource condition goals 
     and management objectives.
       (b) Renewal.--A permittee or lessee holding a grazing 
     permit or lease shall be given first priority at the end of 
     the term for renewal of the grazing permit or lease if--
       (1) the land for which the grazing permit or lease is 
     issued remains available for domestic livestock grazing;
       (2) the permittee or lessee is in compliance with this 
     title and the terms and conditions of the grazing permit or 
     lease; and
       (3) the permittee or lessee accepts the terms and 
     conditions included by the authorized officer in the new 
     grazing permit or lease.

     SEC. 132. SUBLEASING.

       (a) In General.--The Secretary shall only authorize 
     subleasing of a Federal grazing permit or lease, in whole or 
     in part--
       (1) if the permittee or lessee is unable to make full 
     grazing use due to ill health or death; or
       (2) under a cooperative agreement with a grazing permittee 
     or lessee (or group of grazing permittees or lessees), 
     pursuant to section 105(b).
       (b) Considerations.--
       (1) Livestock owned by a spouse, child, or grandchild of a 
     permittee or lessee shall be considered as owned by the 
     permittee or lessee for the sole purposes of this title.
       (2) Leasing or subleasing of base property, in whole or in 
     part, shall not be considered as subleasing of a Federal 
     grazing permit or lease: Provided, That the grazing 
     preference associated with such base property is transferred 
     to the person controlling the leased or subleased base 
     property.

     SEC. 133. OWNERSHIP AND IDENTIFICATION OF LIVESTOCK.

       (a) In General.--A permittee or lessee shall own or control 
     and be responsible for the management of the livestock that 
     graze the Federal land under a grazing permit or lease.
       (b) Marking or Tagging.--An authorized officer shall not 
     impose any marking or tagging requirement in addition to the 
     requirement under State law.

     SEC. 134. TERMS AND CONDITIONS.

       (a) In General.--
       (1) The authorized officer shall specify the kind and 
     number of livestock, the period(s) of use, the allotment(s) 
     to be used, and the amount of use (stated in animal unit 
     months) in a grazing permit or lease.
       (2) A grazing permit or lease shall be subject to such 
     other reasonable terms or conditions as may be necessary to 
     achieve the objectives of this title, and as contained in an 
     approved allotment management plan.
       (3) No term or condition of a grazing permit or lease shall 
     be imposed pertaining to past practice or present willingness 
     of an applicant, permittee or lessee to relinquish control of 
     public access to Federal land across private land.
       (4) A grazing permit or lease shall reflect such standards 
     and guidelines developed pursuant to section 105 as are 
     appropriate to the permit or lease.
       (b) Modification.--Following careful and considered 
     consultation, cooperation, and coordination with permittees 
     and lessees, an authorized officer shall modify the terms and 
     conditions of a grazing permit or lease if monitoring data 
     show that the grazing use is not meeting the management 
     objectives established in a land use plan or allotment 
     management plan, and if modification of such terms and 
     conditions is necessary to meet specific management 
     objectives.

     SEC. 135. FEES AND CHARGES.

       (a) Grazing Fees.--The fee for each animal unit month in a 
     grazing fee year to be determined by the Secretary shall be 
     equal to the three-year average of the total gross value of 
     production for beef cattle for the three years preceding the 
     grazing fee year, multiplied by the 10-year average of the 
     United States Treasury Securities 6-month bill ``new issue'' 
     rate, and divided by 12. The gross value of production for 
     beef cattle shall be determined by the Economic Research 
     Service of the Department of Agriculture in accordance with 
     subsection (e)(1).
       (b) Definition of Animal Unit Month.--For the purposes of 
     billing only, the term ``animal unit month'' means one 
     month's use and occupancy of range by--
       (1) one cow, bull, steer, heifer, horse, burro, or mule, 
     seven sheep, or seven goats, each of which is six months of 
     age or older on the date on which the animal begins grazing 
     on Federal land;
       (2) any such animal regardless of age if the animal is 
     weaned on the date on which the animal begins grazing on 
     Federal land; and
       (3) any such animal that will become 12 months of age 
     during the period of use authorized under a grazing permit or 
     lease.
       (c) Livestock Not Counted.--There shall not be counted as 
     an animal unit month the use of Federal land for grazing by 
     an animal that is less than six months of age on the date on 
     which the animal begins grazing on Federal land and is the 
     natural progeny of an animal on which a grazing fee is paid 
     if the animal is removed from the Federal land before 
     becoming 12 months of age.
       (d) Other Fees and Charges.--
       (1) Crossing permits, transfers, and billing notices.--A 
     service charge shall be assessed for each crossing permit, 
     transfer of grazing preference, and replacement or 
     supplemental billing notice except in a case in which the 
     action is initiated by the authorized officer.
       (2) Amount of flpma fees and charges.--The fees and charges 
     under section 304(a) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1734(a)) shall reflect 
     processing costs and shall be adjusted periodically as costs 
     change.
       (3) Notice of change.--Notice of a change in a service 
     charge shall be published in the Federal Register.
       (e) Criteria for ERS.--
       (1) The Economic Research Service of the Department of 
     Agriculture shall continue to compile and report the gross 
     value of production of beef cattle, on a dollars-per-bred-cow 
     basis for the United States, as in currently published by the 
     Service in: ``Economic Indicators of the Farm Sector: Cost of 
     Production--Major Field Crops and Livestock and Dairy'' (Cow-
     calf production cash costs and returns).
       (2) For the purposes of determining the grazing fee for a 
     given grazing fee year, the gross value of production (as 
     described above) for the previous calendar year shall be made 
     available to the Secretary of the Interior and the Secretary 
     of Agriculture, and published in the Federal Register, on or 
     before February 15 of each year.

     SEC 136. USE OF STATE SHARE OF GRAZING FEES.

       Section 10 of the Act of June 28, 1934 (commonly known as 
     the ``Taylor Grazing Act'') (43 U.S.C. 315i) is amended--
       (1) in subsection (a), by striking ``for the benefit of'' 
     and inserting ``in a manner that will result in direct 
     benefit to, improved access to, or more effective management 
     of the rangeland resources in'';
       (2) at the end of subsection (a), by striking ``;'' and 
     inserting ``: Provided further, That no such money shall be 
     expended for litigation purposes;'';
       (3) in subsection (b), by striking ``for the benefit of'' 
     and inserting ``in a manner that will result in direct 
     benefit to, improved access to, or more effective management 
     of the rangeland resources in'';
       (4) at the end of subsection (b), by striking ``.'' and 
     inserting ``: Provided further, That no such moneys shall be 
     expended for litigation purposes.''.

                  Subtitle E--Unauthorized Grazing Use

     SEC. 141. NONMONETARY SETTLEMENT.

       An authorized officer may approve a nonmonetary settlement 
     of a case of a violation described in section 141 if the 
     authorized officer determines that each of the following 
     conditions in satisfied:
       (1) No fault.--Evidence shows that the unauthorized use 
     occurred through no fault of the livestock operator.
       (2) Insignificance.--The forage use is insignificant.
       (3) No damage.--Federal land has not been damaged.
       (4) Best interests.--Nonmonetary settlement is in the best 
     interests of the United States.

     SEC. 142. IMPOUNDMENT AND SALE.

       Any impoundment and sale of unauthorized livestock on 
     Federal land shall be conducted in accordance with State law.

                         Subtitle F--Procedure

     SEC. 151. PROPOSED DECISION.

       (a) Service on Applicants, Permittees, Lessees, and 
     Lienholders.--The authorized officer shall serve, by 
     certified mail or personal delivery, a proposed decision on 
     any applicant, permittee lessee, or lienholder (or agent of 
     record of the applicant, permittee, lessee, or lienhold) that 
     is affected by--
       (1) a proposed action on an application for a grazing 
     permit or lease, or range improvement permit; or
       (2) a proposed action relating to a term or condition of a 
     grazing permit or lease, or a range improvement permit.
       (b) Notification of Affected Interests.--The authorized 
     officer shall send copies of a proposed decision to affected 
     interests.
       (c) Contents.--A proposed decision described in subsection 
     (a) shall--
       (1) state reasons for the action, including reference to 
     applicable law (including regulations); and
       (2) be based upon, and supported by rangeland studies, 
     where appropriate, and;
       (3) state that any protest to the proposed decision must be 
     filed not later than 30 days after service.

     SEC. 152. PROTESTS.

       An applicant, permittee, or lessee may protest a proposed 
     decision under section 151 in writing to the authorized 
     officer within 30 days after service of the proposed 
     decision.

     SEC. 153. FINAL DECISIONS.

       (1) No Protest.--In the absence of a timely filed protest, 
     a proposed decision described in section 151(a) shall become 
     the final decision of the authorized officer without further 
     notice.
       (b) Reconsideration.--If a protest is timely filed, the 
     authorized officer shall reconsider the proposed decision in 
     light of the protestant's statement of reasons for protest 
     and in light of other information pertinent to the case.
       (c) Service and Notification.--After reviewing the protest, 
     the authorized officer shall serve a final decision on the 
     parties to the proceeding, and notify affected interests of 
     the final decision.

     SEC. 154. APPEALS.

       (a) In General.--Any person whose interest in adversely 
     affected by a final decision

[[Page S2436]]

     of an authorized officer, within the meaning of 5 U.S.C. 
     702, may appeal the decision within 30 days after the 
     receipt of the decision, or within 60 days after the 
     receipt of a proposed decision if further notice of a 
     final decision is not required under this title, pursuant 
     to applicable laws and regulations governing the 
     administrative appeals process of the agency serving the 
     decision. Being an affected interest as described in 
     section 104(3) shall not in and of itself confer standing 
     to appeal a final decision upon any individual or 
     organization.
       (b) Suspension Pending Appeal.--
       (1) In general.--An appeal of a final decision shall 
     suspend the effect of the decision pending final action on 
     the appeal unless the decision is made effective pending 
     appeal under paragraph (2).
       (2) Effectiveness pending appeal.--The authorized officer 
     may place a final decision in full force and effect in an 
     emergency to stop resource deterioration or economic 
     distress, if authorized officer has substantial grounds to 
     believe that resource deterioration or economic distress is 
     imminent. Full force and effect decisions shall take effect 
     on the date specified, regardless of an appeal.
       (c) In the case of an appeal under this section, the 
     authorized officer shall, within 30 days of receipt, forward 
     the appeal, all documents and information submitted by the 
     applicant, permittee, lessee, or lienholder, and any 
     pertinent information that would be useful in the rendering 
     of a decision on such appeal, to the appropriate authority 
     responsible for issuing the final decision on the appeal.

     SEC. 155. PUBLIC PARTICIPATION AND CONSULTATION.

       (a) General Public.--The Secretary shall provide for public 
     participation, including a reasonable opportunity to comment, 
     on--
       (1) land use plans and amendments thereto; and,
       (2) development of standards and guidelines to provide 
     guidance and direction for Federal land managers in the 
     performance of their assigned duties.
       (b) Affected Interests.--At least 30 days prior to the 
     issuance of a final decision, the Secretary shall notify 
     affected interests of such proposed decision, and provide a 
     reasonable opportunity for comment and informal consultation 
     regarding the proposed decision within such 30-day period, 
     for--
       (1) the designation or modification of allotment 
     boundaries;
       (2) the development, revision, or termination of allotment 
     management plans;
       (3) the increase or decrease of permitted use;
       (4) the issuance, renewal, or transfer of grazing permits 
     or leases;
       (5) the modification of terms and conditions of permits or 
     leases;
       (6) reports evaluating monitoring data for a permit or 
     lease; and
       (7) the issuance of temporary non-renewable use permits.

                    Subtitle G--Advisory Committees

     SEC. 161. RESOURCE ADVISORY COUNCILS.

       (a) Establishment.--The Secretary of Agriculture and the 
     Secretary of the Interior, in consultation with the Governors 
     of the affected States, shall establish and operate joint 
     Resource Advisory Councils on a State or regional level to 
     provide advice on management issues for all lands 
     administered by the Bureau of Land Management and the Forest 
     Service within such State or regional area, except where the 
     Secretaries determine that there is insufficient interest in 
     participation on a council to ensure that membership can be 
     fairly balanced in terms of the points of view represented 
     and the functions to be performed.
       (b) Duties.--Each Resource Advisory Council shall advise 
     the Secretaries and appropriate State officials on--
       (1) matters regarding the preparation, amendment, and 
     implementation of land use and activity plans for public 
     lands and resources within its area; and on
       (2) major management decisions while working within the 
     broad management objectives established for the district or 
     national forest.
       (c) Disregard of Advice.--
       (1) Request for response.--If a Resource Advisory Council 
     becomes concerned that its advice is being arbitrarily 
     disregarded, the Resource Advisory Council may, by majority 
     vote of its members, request that the Secretaries respond 
     directly to the Resource Advisory Council's concerns within 
     60 days after the Secretaries receive the request.
       (2) Effect of response.--The response of the Secretaries to 
     a request under paragraph (1) shall not--
       (A) constitute a decision on the merits of any issue that 
     is or might become the subject of an administrative appeal; 
     or
       (B) be subject to appeal.
       (d) Membership.--
       (1) The Secretaries, in consultation with the Governor of 
     the affected State or States, shall appoint the members of 
     each Resource Advisory Council. A council shall consist of 
     not less than nine members and not more than fifteen members.
       (2) In appointing members to a Resource Advisory Council, 
     the Secretaries shall provide for balanced and broad 
     representation from among various groups, including but not 
     limited to, permittees and lessees, other commercial 
     interests, recreational users, representatives of recognized 
     local environmental or conservation organizations, 
     educational, professional, or academic interests, 
     representatives of State and local government or governmental 
     agencies, Indian tribes, and other members of the affected 
     public.
       (3) The Secretaries shall appoint at least one elected 
     official of general purpose government serving the people of 
     the area of each Resource Advisory Council.
       (4) No person may serve concurrently on more than one 
     Resource Advisory Council.
       (5) Members of a Resource Advisory Council must reside in 
     one of the States within the geographic jurisdiction of the 
     council.
       (e) Subgroups.--A Resource Advisory Council may establish 
     such subgroups as the council deems necessary, including but 
     not limited to working groups, technical review teams, and 
     rangeland resource groups.
       (f) Terms.--Resource Advisory Council members shall be 
     appointed for two-year terms. Members may be appointed to 
     additional terms at the discretion of the Secretaries.
       (g) Federal Advisory Committee Act.--Except to the extent 
     that it is inconsistent with this subtitle, the Federal 
     Advisory Committee Act shall apply to the Resource Advisory 
     Councils established under this section.
       (h) Other FLPMA Advisory Councils.--Nothing in this section 
     shall be construed as modifying the authority of the 
     Secretaries to establish other advisory councils under 
     section 309 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1739).

     SEC. 162. GRAZING ADVISORY COUNCILS.

       (a) Establishment.--The Secretary, in consultation with the 
     Governor of the affected State and with affected counties, 
     shall appoint not fewer than five nor more than nine persons 
     to serve on a Grazing Advisory Council for each district and 
     each national forest within the 16 contiguous Western States 
     having jurisdiction over more than 500,000 acres of public 
     lands subject to commercial livestock grazing. The 
     Secretaries may establish joint Grazing Advisory Councils 
     wherever practicable.
       (b) Duties.--The duties of Grazing Advisory Councils 
     established pursuant to this section shall be to provide 
     advice to the Secretary concerning management issues directly 
     related to the grazing of livestock on public lands, 
     including--
       (1) range improvement objectives;
       (2) the expenditure of range improvement or betterment 
     funds under the Public Rangelands Improvement Act of 1978 (43 
     U.S.C. 1901 et seq.) or the Taylor Grazing Act (43 U.S.C. 315 
     et seq.);
       (3) development and implementation of grazing management 
     programs; and
       (4) range management decisions and actions at the allotment 
     level.
       (c) Disregard of Advice--
       (1) Request for response.--If a Grazing Advisory Council 
     becomes concerned that its advice is being arbitrarily 
     disregarded, the Grazing Advisory Council may, be unanimous 
     vote of its members, request that the Secretary respond 
     directly to the Grazing Advisory Council's concerns within 60 
     days after the Secretary receives the request.
       (2) Effect of response.--The response of the Secretary to a 
     request under paragraph (1) shall not--
       (A) constitute a decision on the merits of any issue that 
     is or might become the subject of an administrative appeal; 
     or
       (B) be subject to appeal.
       (d) Membership.--The members of a Grazing Advisory Council 
     established pursuant to this section shall represent 
     permittees, lessees, affected landowners, social and economic 
     interests within the district or national forest, and elected 
     State or county officers. All members shall have a 
     demonstrated knowledge of grazing management and range 
     improvement practices appropriate for the region, and shall 
     be residents of a community within or adjacent to the 
     district or national forest, or control a permit or lease 
     within the same area. Members shall be appointed by the 
     Secretary for a term of two years, and may be appointed for 
     additional consecutive terms. The membership of Grazing 
     Advisory Councils shall be equally divided between permittees 
     of lessees, and other interests: Provided, That one elected 
     State or county officer representing the people of an area 
     within the district or national forest shall be appointed to 
     create an odd number of members: Provided further, That 
     permittees or lessees appointed as members of each Grazing 
     Advisory Council shall be recommended to the Secretary by the 
     permittees or lessees of the district or national forest 
     through an election conducted under rules and regulations 
     prescribed by the Secretary.
       (e) Federal Advisory Committee Act.--Except to the extent 
     that it is inconsistent with this subtitle, the Federal 
     Advisory Committee Act shall apply to the Grazing Advisory 
     Councils established pursuant to this section.

     SEC. 163. GENERAL PROVISIONS.

       (a) Definition of District.--For the purposes of this 
     subtitle, the term ``district'' means--
       (1) a grazing district administered under section 3 of the 
     Act of June 28, 1934 (commonly known as the ``Taylor Grazing 
     Act'') (48 Stat. 1270, chapter 865; 43 U.S.C. 315b); or
       (2) other lands within a State boundary which are eligible 
     for grazing pursuant to section 15 of the Act of June 28, 
     1934 (commonly known as the ``Taylor Grazing Act'') (48 Stat. 
     1270, chapter 865; 43 U.S.C. 315m).
       (b) Termination of Service.--The Secretary may, after 
     written notice, terminate

[[Page S2437]]

     the service of a member of an advisory committee if--
       (1) the member--
       (A) no longer meets the requirements under which appointed;
       (B) fails or is unable to participate regularly in 
     committee work; or
       (C) has violated Federal law (including a regulation); or
       (2) in the judgment of the Secretary, termination is in the 
     public interest.
       (c) Compensation and Reimbursement of Expenses.--A member 
     of an advisory committee established under sections 161 or 
     162 shall not receive any compensation in connection with the 
     performance of the member's duties as a member of the 
     advisory committee, but shall be reimbursed for travel and 
     per diem expenses only while on official business, as 
     authorized by 5 U.S.C. 5703.

     SEC. 164. CONFORMING AMENDMENT AND REPEAL.

       (a) Amendment.--The third sentence of section 402(d) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1752(d)) is amended by striking ``district grazing advisory 
     boards established pursuant to section 403 of the Federal 
     Land Policy and Management Act (43 U.S.C. 1753)'' and 
     inserting ``Resource Advisory Councils and Grazing Advisory 
     Councils established under section 161 and section 162 of the 
     Public Rangelands Management Act of 1995''.
       (b) Repeal.--Section 403 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1753) is repealed.

                           Subtitle H Reports

     SEC. 171. REPORTS.

       (a) In General.--Not later than March 1, 1997, and annually 
     thereafter, the Secretaries shall submit to Congress a report 
     that contains--
       (1) an itemization of revenues received and costs incurred 
     directly in connection with the management of grazing on 
     Federal land; and
       (2) recommendations for reducing administrative costs and 
     improving the overall efficiency of Federal rangeland 
     management.
       (b) Itemization.--If the itemization of costs under 
     subsection (a)(1) includes any costs incurred in connection 
     with the implementation of any law other than a statute cited 
     in section 102, the Secretaries shall indicate with 
     specificity the costs associated with implementation of each 
     such statute.

              TITLE II--MANAGEMENT OF NATIONAL GRASSLANDS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Grasslands 
     Management Act of 1995''.

     SEC. 202. FINDINGS AND PURPOSE.

       (A) Findings.--The Congress finds that--
       (1) the inclusion of the National Grasslands within the 
     National Forest System has prevented the Secretary of 
     Agriculture from effectively administering and promoting 
     grassland agriculture on National Grasslands as originally 
     intended under the Bankhead-Jones Farm Tenant Act;
       (2) the National Grasslands can be more effectively managed 
     by the Secretary of Agriculture if administered as a separate 
     entity outside of the National Forest System; and
       (3) a grazing program on National Grasslands can be 
     responsibly carried out while protecting and preserving 
     recreational, environmental, and other multiple uses of the 
     National Grasslands.
       (b) Purpose.--The purpose of this title is to provide for 
     improved management and more efficient administration of 
     grazing activities on National Grasslands while preserving 
     and protecting multiple uses of such lands, including but not 
     limited to preserving hunting, fishing, and recreational 
     activities, and protecting wildlife habitat in accordance 
     with applicable laws.

     SEC. 203. DEFINITIONS.

       As used in this title, the term--
       (1) ``National Grasslands'' means those areas managed as 
     National Grasslands by the Secretary of Agriculture under 
     title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 
     1010-1012) on the day before the date of enactment of this 
     title; and
       (2) ``Secretary'' means the Secretary of Agriculture.

     SEC. 204. REMOVAL OF NATIONAL GRASSLANDS FROM NATIONAL FOREST 
                   SYSTEM.

       Section 11(a) of the Forest Rangeland Renewable Resource 
     Planning Act of 1974 (16 U.S.C. 1609(a)) is amended by 
     striking the phrase ``the national grasslands and land 
     utilization projects administered under title III of the 
     Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010-
     1012),''.

     SEC. 205. MANAGEMENT OF NATIONAL GRASSLANDS.

       (a) In General.--The Secretary, acting through the Chief of 
     the Forest Service, shall manage the National Grasslands as a 
     separate entity in accordance with this title and the 
     provisions and multiple use purposes of title III of the 
     Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012).
       (b) Consultation.--The Secretary shall provide timely 
     opportunities for consultation and cooperation with 
     interested State and local governmental entities, and other 
     interested individuals and organizations in the development 
     and implementation of land use policies and plans, and land 
     conservation programs for the National Grasslands.
       (c) Grazing Activities.--In furtherance of the purposes of 
     this title, the Secretary shall administer grazing permits 
     and implement grazing management decisions in consultation, 
     cooperation, and coordination with local grazing associations 
     and other grazing permit holders.
       (d) Regulations.--The Secretary shall promulgate 
     regulations to manage and protect the National Grasslands, 
     taking into account the unique characteristics of the 
     National Grasslands and grasslands agriculture conducted 
     under the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010). 
     Such regulations shall facilitate the efficient 
     administration of grazing and provide protection for the 
     environment, wildlife, wildlife habitat, and Federal lands 
     equivalent to that on the National Grasslands on the day 
     prior to the date of enactment of this act.
       (e) Conforming Amendment to Bankhead-Jones Act.--Section 31 
     of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is 
     amended to read as follows:
       ``To accomplish the purposes of title III of this Act, the 
     Secretary is authorized and directed to develop a separate 
     program of land conservation and utilization for the National 
     Grasslands, in order thereby to correct maladjustments in 
     land use, and thus assist in promoting grassland agriculture 
     and secure occupancy and economic stability of farms and 
     ranches, controlling soil erosion, reforestation, preserving 
     and protecting natural resources, protecting fish and 
     wildlife and their habitat, developing and protecting 
     recreational opportunities and facilities, mitigating floods, 
     preventing impairment of dams and reservoirs, developing 
     energy resources, conserving surface and subsurface moisture, 
     protecting the watersheds of navigable streams, and 
     protecting the public lands, health, safety and welfare, but 
     not to build industrial parks or commercial enterprises.''.
       (f) Hunting, Fishing, and Recreational Activities.--Nothing 
     in this title shall be construed as limiting or precluding 
     hunting or fishing activities on National Grasslands in 
     accordance with applicable Federal and State laws, nor shall 
     appropriate recreational activities be limited or precluded.
       (g) Valid Existing Rights.--
       (1) In general.--Nothing in this title shall affect valid 
     existing rights, reservations, agreements, or authorizations. 
     Section 1323(a) of Public Law 96-487 shall continue to apply 
     to nonfederal land and interests therein within the 
     boundaries of the National Grasslands.
       (2) Interim use and occupancy.--
       (A) Until such time as regulations concerning the use and 
     occupancy of the National Grasslands are promulgated pursuant 
     to this title, the Secretary shall regulate the use and 
     occupancy of such lands in accordance with regulations 
     applicable to such lands on May 25, 1995, to the extent 
     practicable and consistent with the provisions of this Act.
       (B) Any applications for National Grasslands use and 
     occupancy authorizations submitted prior to the date of 
     enactment of this Act, shall continue to be processed without 
     interruption and without reinitiating any processing activity 
     already completed or begun prior to such date.

     SEC. 206. FEES AND CHARGES.

       Fees and charges for grazing on the National Grasslands 
     shall be determined in accordance with section 135, except 
     that the Secretary may adjust the amount of a grazing fee to 
     compensate for approved conservation practices 
     expenditures.''
                                 ______


                BUMPERS (AND OTHERS) AMENDMENT NO. 3556

  Mr. BUMPERS (for himself, Mr. Jeffords, Mr. Bradley, and Mr. Kerry) 
proposed an amendment to amendment No. 3555 proposed by Mr. Domenici to 
the bill S. 1459, supra; as follows:

       Strike Section 135 of the substitute and insert the 
     following:

     SEC. 135. GRAZING FEES.

       (a) Grazing Fee.--Notwithstanding any other provision of 
     law, the Secretary of the Interior and the Secretary of 
     Agriculture shall charge a fee for domestic livestock grazing 
     on public rangelands. The fee shall be equal to the higher of 
     either--
       (A) the average grazing fee (weighted by animal unit 
     months) charged by the State during the previous grazing year 
     for grazing on State lands in which the lands covered by the 
     permit or lease are located; or
       (B)(1) the fee provided for in section 6(a) of the Public 
     Rangelands Improvement Act of 1978 (43 U.S.C. 1905(a)) and 
     Executive Order 12548 (51 F.R. 5985): Provided, That the 
     grazing fee shall not be less than: $1.50 per animal unit 
     month for the 1997 grazing year; $1.75 per animal unit month 
     for the 1998 grazing year; and $2.00 per animal unit month 
     for the 1999 grazing year and thereafter; plus
       (2) 25 percent.
       (b) Definitions.--For the purposes of this section--
       (1) State lands shall include school, education department, 
     and State land board lands; and
       (2) individual members of a grazing association shall be 
     considered as individual permittees or lessees in determining 
     the appropriate grazing fee.
                                 ______


                      JEFFORDS AMENDMENT NO. 3557

  Mr. JEFFORDS proposed an amendment to amendment No. 3556 proposed by 
Mr. Bumpers to amendment No. 3555 proposed by Mr. Domenici to the bill 
S. 1459, supra; as follows:

       In lieu of the language proposed to be inserted by the 
     Bumpers amendment insert the following:

[[Page S2438]]

     SEC. 135. GRAZING FEES.

       (a) Grazing Fee.--Notwithstanding any other provision of 
     law and subject to subsections (b) and (c), the Secretary of 
     the Interior and the Secretary of Agriculture shall charge a 
     fee for domestic livestock grazing on public rangelands as 
     provided for in section 6(a) of the Public Rangelands 
     Improvement Act of 1978 (43 U.S.C. 1905(a)) and Executive 
     Order 12548 (51 F.R. 5985): Provided, That the grazing fee 
     shall not be less than: $1.50 per animal unit month for the 
     1997 grazing year; $1.75 per animal unit month for the 1998 
     grazing year; and $2.00 per animal unit month for the 1999 
     grazing year and thereafter.
       (b) Determination of Fee.--(1) Permittees or lessees who 
     own or control livestock comprising less than 2,000 animal 
     unit months on the public rangelands during a grazing year 
     pursuant to one or more grazing permits or leases shall pay 
     the fee as set forth in subsection (a).
       (2) Permittees or lessees who own or control livestock 
     comprising more than 2,000 animal unit months on the public 
     rangelands during a grazing year pursuant to one or more 
     grazing permits or leases shall pay the fee equal to the 
     higher of either--
       (A) the average grazing fee (weighted by animal unit 
     months) charged by the State during the previous grazing year 
     for grazing on State lands in which the lands covered by the 
     permit or lease are located; or
       (B) the Federal grazing fee set forth in subsection (a), 
     plus 25 percent.
       (c) Definitions.--For the purposes of this section--
       (1) State lands shall include school, education department, 
     and State land board lands; and
       (2) individual members of a grazing association shall be 
     considered as individual permittees or lessees in determining 
     the appropriate grazing fee.

                          ____________________