[Senate Report 104-123]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 158
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-123
_______________________________________________________________________


 
                PUBLIC RANGELANDS MANAGEMENT ACT OF 1995

                                _______


    July 28 (legislative day, July 10), 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 852]
    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 852) to provide for uniform management of 
livestock grazing on Federal land, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Public 
Rangelands Management Act of 1995.''
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.

             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND

subtitle a--general provisions
Sec. 101. Findings.
Sec. 102. Application of title.
Sec. 103. Objective.
Sec. 104. Definitions.
Sec. 105. Fundamentals of rangeland health.
Sec. 106. Land use plans.
Sec. 107. Rule of construction.
subtitle b--qualifications and grazing preferences
Sec. 111. Mandatory qualifications.
Sec. 112. Acquired land.
Sec. 113. Grazing preferences.
Sec. 114. Changes in grazing preference status.
Sec. 115. Changes in Federal land acreage.
subtitle c--grazing management
Sec. 121. Allotment management plans.
Sec. 122. Range improvements.
Sec. 123. Water rights.
Sec. 124. Management of grazing on land under the jurisdiction of other 
departments and Agencies.
subtitle d--authorization of grazing use
Sec. 131. Applications.
Sec. 132. Grazing permits or grazing leases.
Sec. 133. Free-use grazing permits.
Sec. 134. Other grazing authorizations.
Sec. 135. Ownership and identification of livestock.
Sec. 136. Terms and conditions.
Sec. 137. Fees and charges.
Sec. 138. Pledge of grazing permits or grazing leases as security for 
loans.
subtitle e--civil violations and failures of compliance
Sec. 141. Civil violations and failures of compliance.
subtitle f--unauthorized grazing use
Sec. 151. Liability for damages.
Sec. 152. Notice and order to remove.
Sec. 153. Settlement.
Sec. 154. Impoundment and sale.
subtitle g--procedure
Sec. 161. Proposed decisions.
Sec. 162. Protests.
Sec. 163. Final decisions.
Sec. 164. Appeals.
subtitle h--advisory committees
Sec. 171. Purpose.
Sec. 172. Objective.
Sec. 173. Relation to other law.
Sec. 174. Policy.
Sec. 175. General provisions.
Sec. 176. Resource advisory councils.
Sec. 177. Grazing advisory boards.
Sec. 178. Meetings.
Sec. 179. Conforming amendment and repeal.
subtitle i--reports
Sec. 181. Reports.

                          TITLE II--GRASSLAND

Sec. 201. Removal of grasslands from National Forest system.

SEC. 2. EFFECTIVE DATE.

    (a) In General.--This title and the amendments and repeals made by 
this Act shall become effective on March 1, 1996.
    (b) Interim Provisions.--Until the effective date specified in 
subsection (a), management of livestock grazing on Federal land shall 
be conducted in accordance with the law (including regulations) in 
effect on May 18, 1995.

             TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LAND
                     Subtitle A--General Provisions

SEC. 101. FINDINGS.

    (a) Findings.--Congress finds that--
          (1) 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 condition continues to improve;
          (2) as a further consequence of those efforts, populations of 
        big game and wildlife are increasing and stabilizing across 
        vast areas of the West;
          (3) further efforts to assist in developing and nurturing 
        that cooperation at all levels of government are important, and 
        those efforts will provide long-term benefits to the Nation's 
        rangelands and their related resources;
          (4) grazing preferences must continue to be adequately 
        safeguarded in order to promote the economic stability of the 
        western livestock industry;
          (5) to promote the economic, cultural, and social well being 
        of western States, rural communities in the western States, and 
        the western livestock industry; it is in the public interest to 
        charge a fee for livestock grazing permits and grazing leases 
        on Federal lands 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, and those 
        opportunities should be pursed with goals of
                  (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) incentives for greater local input into the management of 
        the public rangelands as well as incentives to encourage 
        private investment in improvement of the public rangelands will 
        assist in those efforts and are in the best interests of the 
        United States;
          (9) the western livestock industry that relies on Federal 
        land plays an important and integral role in maintaining and 
        preserving the social, economic, and cultural base of rural 
        communities in the western States and further plays an 
        important and integral role in the economies of the 16 western 
        States in which rangelands managed by the Secretary of the 
        Interior and the Secretary of Agriculture are situated;
          (10) maintaining the economic viability of the western 
        livestock industry is essential to maintaining open space and 
        habitat for big game, wildlife, and fish, but currently there 
        are pressures to sell the base property of the Federal land 
        ranches for subdivision or other development, which would 
        reduce or remove the available open space and fish and wildlife 
        habitat; and
          (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 developing land use plans that are consistent 
        with land use plans adopted by State, local, and tribal 
        governments, but to date the planning efforts have not produced 
        land use pans for Federal land that are in fact consistent with 
        State, local, or tribal planning.
          (12) the levels of livestock grazing that were authorized to 
        be permitted as of August 1, 1993 are consistent with this 
        title and may be increased or decreased, as appropriate, 
        consistent with this title.
          (13) it is a goal of this title to maintain and improve the 
        condition of riparian areas which are critical to wildlife 
        habitat and water quality.
          (14) 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.
    (b) Repeal of Earlier Findings.--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. 202. APPLICATION OF ACT.

    This title 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.);
          (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. 551);
                  (B) the multiple-Use 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. 1600 et seq.);
                  (D) the National Forest Management Act of 1976 (16 
                U.S.C. 472a et seq.);
                  (E) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                  (F) the Public Rangelands Improvement Act of 1978 (43 
                U.S.C. 1901 et seq.);
          (3) management of grazing by the Secretary on behalf of the 
        head of another department or agency under a memorandum of 
        understanding under section 125.
    Nothing is this title authorizes 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.

SEC. 103. OBJECTIVE.

    The objective of this title is to achieve--
          (1) orderly use, improvement, and development of Federal 
        land;
          (2) enhancement of productivity of Federal land by 
        conversation of forage resources and reduction of soil erosion 
        and by proper management of other resources such as by control 
        of woody species invasion;
          (3) stabilization of the livestock industry dependent on the 
        public rangeland;
          (4) performance of an inventory and categorization of public 
        rangelands on the basis of proven scientific monitoring of 
        range conditions and trends;
          (5) consideration of wildlife populations and habitat, 
        consistent with land-use plans, multiple-use, sustained yield, 
        environmental values, and economic and other objectives stated 
        in the Acts cited in section 102; and
          (6) promotion of healthy, sustained rangeland.

SEC. 104. DEFINITIONS.

    (a) In General.--In this title:
          (1) Active use.--The term ``active use'' means the amount of 
        authorized livestock grazing use made at any time.
          (2) Actual use.--The term ``actual use'' means the number and 
        kinds of classes of, and the length of time that livestock 
        graze on, an allotment.
          (3) Actual use report.--The term ``actual use report'' means 
        a report of the actual use submitted by a permittee or lessee.
          (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''--
                  (A) means a documented program that applies to 
                livestock grazing on an allotment; and
                  (B) includes such a documented plan that is included 
                in an activity plan that governs grazing as well as 
                other activities on Federal land.
          (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 grazing lease and grazing 
                preference; or
                  (B) a free-use grazing permit or other grazing 
                authorization.
          (9) Class--The term ``class'', in reference to livestock, 
        refers to the age and sex of a group of livestock.
          (10) 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.
          (11) Control.--The term ``control'', in reference to base 
        property or livestock, means responsibility for providing care 
        and management of base property or livestock, means 
        responsibility for providing care and management of base 
        property or livestock.
          (12) 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 land held in trust for the 
                benefit of Indians.
          (13) Grazing district.--The term ``grazing district''--
                  (A) with respect to land administered by the 
                Secretary of the Interior, means the specific area 
                within which Federal land is 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), including lands outside grazing districts 
                but eligible for grazing pursuant to section 15 of such 
                Act; and
                  (B) with respect to grazing on Federal land 
                administered by the Secretary of Agriculture, means a 
                national forest.
          (14) Grazing fee year.--The term ``grazing fee year'', for 
        billing purposes, means a 12-month period that begins on March 
        1 of a year and ends on the last day of February of the 
        following year.
          (15) Grazing lease.--The term ``grazing lease'' means a 
        document authorizing use of Federal land 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.
          (16) Grazing permit.--The term ``grazing permit'' means a 
        document authorizing use of the Federal land 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.
          (17) 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.
          (18) Land base property.--The term ``land base property'' 
        means base property described in paragraph (7)(A).
          (19) Land use plan.--The term ``land use plan'' means--
                  (A) with respect to Federal land administered by the 
                Bureau of Land Management--
                          (i) a resource management plan; or
                          (ii) a management framework plan that is in 
                        effect pending completion of a resource 
                        management plan, developed in accordance with 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1701 et seq.); 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).
          (20) Livestock.--The term ``livestock'' means
                  (A) a species of domestic livestock, including 
                cattle, sheep, horses, burros, and goats; and
                  (B) a member of such a species.
          (21) Livestock carrying capacity.--The term ``livestock 
        carrying capacity'' means the maximum sustainable stocking rate 
        that is possible without inducing permanent damage to 
        vegetation or related resources as determined by monitoring.
          (22) Monitoring.--The term ``monitoring'' means the periodic 
        observation and orderly collection of data to evaluate
                  (A) effects of ecological changes and management 
                actions; and
                  (B) effectiveness of actions in meeting management 
                objectives.
          (23) 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).
          (24) Rangeland study.--The term ``rangeland study'' means a 
        method of study for collecting data on actual use, utilization, 
        climatic conditions, other special events, production trend and 
        rangeland condition and trend to determine whether management 
        objectives are being met, that
                  (A) uses physical examination of measurements of 
                range attributes and does not rely on a cursory visual 
                scanning of land unless the condition to be assessed is 
                patently obvious and requires no physical examination; 
                and
                  (B) is accepted by an authorized officer.
          (24) Secretary.--The term ``Secretary'' means--
                  (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.
          (25) Service area.--The term ``service area'' means that area 
        that and be properly grazed by livestock watering at a certain 
        water.
          (26) Stocking rate.--The term ``stocking rate'' means the 
        number of animal unit months authorized under a grazing permit 
        or grazing lease from year to date.
          (27) 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 grazing lease; or
                  (B) allows grazing on Federal land by livestock not 
                owned or controlled by the permittee or lessee.
          (28) Supplemental feed.--The term ``supplemental feed'' means 
        a feed that supplements the forage available from Federal land 
        and is provided to improve livestock nutrition or rangeland 
        management.
          (29) Suspend: suspension.--The term ``suspend'' and 
        ``suspension'' refer to a temporary withholding, in whole or in 
        part, of a grazing reference form active use, ordered by the 
        Secretary or done voluntarily by a permittee or lessee.
          (30) Utilization.--The term ``utilization'' means of 
        percentage of a year's herbage production consumed or destroyed 
        by herbivores.
          (31) Water base property.--The term ``water base property'' 
        means base property described in paragraph (7)(B).
    (b) Consultation, Cooperation, and Coordination.--Section 402(d) of 
the Federal Land Policy and Management Act of a 1976 (43 U.S.C. 1752d)) 
is amended--
          (1) by inserting a comma after ``cooperation'' each place it 
        appears; and
          (2) by adding at the end the following: ``As used in this 
        subsection, the term `consultation, cooperation, and 
        coordination' means engagement in a good faith effort to reach 
        consensus on issues, plans, or management actions from--
          ``(1)(A) Other agencies, permittees or lessess, and affected 
        interests involved in an activity with respect to which 
        consultation, cooperation, and coordination are required under 
        this title;
          ``(2)(B) resource advisory councils established under section 
        177 of the Livestock Grazing Act; and
          ``(3)(C) any State having land within the area to be covered 
        by an allotment management plan.''. and
          ``(4) additional affected interests (as defined in section 
        104(a)(4) of the Livestock Grazing Act.''.

SEC. 105. FUNDAMENTALS OF RANGELAND HEALTH.

    (a) Standards and Guidelines.--The Secretary shall establish 
standards and guidelines on a State or regional level in cooperation 
with the State Department of agriculture or other appropriate State 
agency and the land-grant university or other appropriate institution 
of higher education of each interested State.
          (b) Non-Traditional Management.--The Secretary shall, where 
        appropriate, authorize and encourage the use of non-traditional 
        grazing management practices that are scientifically based on 
        research conducted by land-grant universities.
          (c) 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 
principle of multiple use and sustained yield and in accordance with 
applicable land use plans.
    (b) Contents of Land Use Plan.--A land use plan shall--
          (1) establish allowable resource uses (singly or in 
        combination), related levels of production or use to be 
        maintained, areas of use, and resource condition goals and 
        objectives to be obtained; and
          (2) set forth programs and general management practices 
        needed to achieve management objectives.
    (c) Application of NEPA.--A land use plan 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 
and management actions approved by the authorized officer--
          (1) may include any such activities as are not clearly 
        prohibited by a land use plan;
          (2) shall not require any consideration under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 
        addition to the studies supporting the land use plan.
    (e) Satisfaction of Requirements of Other Laws.--The issuance of a 
grazing permit or grazing lease that is consistent with a land use plan 
shall not be considered to be a Federal action requiring the conduct of 
any study or assessment under the National Environment Policy Act of 
1969 (42 U.S.C. et seq.).
    (f) nothing in this section is intended to override the planning 
and public involvement processes of other federal law pertaining to 
federal lands.

           Subtitle B--Qualifications and Grazing Preferences

SEC. 111. MANDATORY QUALIFICATIONS.

    Except as provided under sections 112, 114, and 134(d), to qualify 
for grazing use on Federal land an applicant shall--
          (1) be engaged in the livestock business;
          (2) own or control base property; and
          (3) be
                  (A) a citizen of the United States or a person who 
                has properly filed a valid declarification of intention 
                to become a citizen or a valid petition for 
                naturalization;
                  (B) a group or association authorized to conduct 
                business in the State in which the grazing use is 
                sought, all members of which are persons described in 
                subparagraph (A); or
                  (C) a corporation authorized to conduct business in 
                the State in which the grazing use is sought.

SEC. 112. ACQUIRED LAND.

    With respect to land acquired by the Secretary through purchase, 
exchange, Act of Congress, or Executive order under the terms of which 
the Secretary is required to honor an existing grazing permit or 
grazing lease, the permittee or lessee shall be considered qualified 
for grazing use on that land.

SEC. 113. GRAZING PREFERENCES.

    (a) Base Property.--
          (1) Criteria.--An authorized officer shall find land or water 
        owned or controlled by an applicant for a grazing lease to be 
        base property if the land or water--
                  (A) serves as a base for livestock operation that 
                utilizes Federal land within a grazing district; or
                  (B) is contiguous land, or noncontiguous land if no 
                applicant for the grazing permit or grazing lease owns 
                or controls contiguous land, used in conjunction with a 
                livestock operation that utilizes Federal land outside 
                a grazing district.
          (2) Specification of Length of time.--After appropriate 
        consultation, cooperation, and coordination with the applicant 
        only, an authorized officer shall specify the length of time 
        for which land base property shall be considered to be capable 
        of supporting authorized livestock during the year, relative to 
        the multiple use management objective of Federal land.
          (3) Submission by applicant.--An applicant shall--
                  (A) provide a legal description, or plat, of the base 
                property; and
                  (B) certify to the authorized officer that the base 
                property meets the requirements under paragraphs (1) 
                and (2).
          (4) Loss of ownership or control.--
                  (A) In general.--Except as provided in subparagraph 
                (B), if a permittee or lessee loses ownership or 
                control of all or part of the base property, the 
                grazing permit or grazing lease, to the extent it was 
                based on the lost property, shall terminate 
                immediately, without notice from the authorized 
                officer.
                  (B) Extension of termination date.--If, prior to 
                losing ownership or control of the base property, the 
                permittee or lessee requests in writing that the 
                grazing permit or grazing lease be extended to the end 
                of the grazing season or grazing year, the authorized 
                officer, after consultation with the new owner in 
                control, may grant the request.
                  (C) Availability for transfer.--When a grazing permit 
                or grazing lease terminates because of a loss of 
                ownership or control of a base property, the grazing 
                preference shall remain with the base property and be 
                available for transfer under subsection (c) to the new 
                owner or person in control of the base property.
          (5) Isolated or disconnected federal land.--An applicant that 
        owns or controls base property contiguous to or cornering on a 
        tract of Federal land outside a grazing district that consists 
        of an isolated or disconnected tract embracing 760 acres or 
        less shall, for a period of 90 days after the tract has been 
        offered for grazing lease, have a preference right to graze the 
        tract.
    (b) Specifying Grazing Preference.--
          (1) In general.--A grazing permit or grazing lease shall 
        specify a grazing preference that includes--
                  (A) a historical grazing preference;
                  (B) active use, based on the amount of forage 
                available for livestock grazing established in the land 
                use plan;
                  (C) suspended use; and
                  (D) voluntary and temporary nonuse.
          (2) Attachment of grazing preference.--A grazing preference 
        identified in a grazing permit or grazing lease shall attach to 
        the base property supporting the grazing permit or grazing 
        lease.
          (3) Attachment of animal unit months.--The animal unit months 
        of a grazing preference shall attach to--
                  (A) the acreage of land base property on a pro rata 
                basis; or
                  (B) water base property on the basis of livestock 
                forage production within the service area of the water.
    (c) Transfer of Grazing Preference.--
          (1) In general.--A transfer of a grazing preference, in whole 
        or in part, may be made in accordance with this subsection.
          (2) Qualification of transferee.--A transferee shall meet all 
        necessary qualifications for a grazing preference under this 
        title.
          (3) Application.--An application to transfer a grazing 
        preference shall evidence assignment of interest and obligation 
        in range improvements authorized on Federal land under section 
        122 and maintained in conjunction with the transferred 
        preference.
          (4) Acceptance or rejection of terms and conditions.--A 
        transferee of a grazing preference may elect to accept or 
        reject the terms and conditions of the terminating grazing 
        permit or grazing lease and of any related cooperative 
        agreement or range improvement permit or to accept those terms 
        and conditions with such modifications as the transferee may 
        request and the authorized officer approve or with such 
        modifications as the authorized officer may require.
          (5) Application for grazing permit or grazing lease.--A 
        proposed transferee shall file an application for a grazing 
        permit or grazing lease to the extent of the transferred 
        grazing preference simultaneously with the filing of a transfer 
        application.
          (6) Transfers.--
                  (A) Transfers on sale or grazing lease of base 
                property.--If base property is sold or leased, the 
                transferee, not later than 90 days after the date of 
                sale or grazing lease, shall file with the authorized 
                officer a properly executed transfer application that
                          (i) identifies the base property; and
                          (ii) states the amount of grazing preference 
                        being transferred in animal unit months.
                  (B) Transfer from base property to base property.--
                          (i) In general.--If a grazing preference is 
                        being transferred from one base property to 
                        another base property, the transferor shall own 
                        or control the base property from which the 
                        grazing preference is being transferred and 
                        file with the authorized officer a properly 
                        completed transfer application for approval.
                          (ii) Consent of owner of leased base 
                        property.--If the transferor leases the base 
                        property, no transfer shall be allowed without 
                        the written consent of the owner and of any 
                        person or entity holding an encumbrance of the 
                        base property from which the transfer is to be 
                        made unless the transferor is a lessee without 
                        whose livestock operations the grazing 
                        preference would not have been established.
          (7) Termination.--On the date of approval of a transfer, the 
        existing grazing permit or grazing lease shall terminate 
        automatically and without notice to the extent of the transfer.
          (8) Acquisition of base property by person not qualified.--
                  (A) No effect for two years.--For a period of two 
                years after an unqualified transferee acquires rights 
                in base property through operation of law or 
                testamentary disposition, the transfer shall not--
                          (i) affect the grazing preference or any 
                        outstanding grazing permit or grazing lease; or
                          (ii) preclude the issuance or renewal of a 
                        grazing permit or grazing lease based on the 
                        base property.
                  (B) Cancellation.--If an unqualified transferee fails 
                to qualify for a transfer under this section within the 
                two-year period described in subparagraph (A), the 
                grazing preference shall be subject to cancellation, 
                but the authorized officer may grant extensions of the 
                two-year period if there have been delays solely 
                attributable to probate proceedings.
          (9) Failure to comply.--Failure of a transferee or transferor 
        to comply with this subsection may result in rejection of the 
        transfer application or cancellation of the grazing preference.
    (d) Allotments.--After consultation, cooperation, and coordination 
with permittees or lessees, an authorized officer may designate and 
adjust allotment boundaries.

SEC. 114. CHANGES IN GRAZING PREFERENCE STATUS.

    (a) In general.--An authorized officer shall periodically review 
the stocking rate specified in a grazing permit or grazing lease and 
may make changes in the status of the stocking rate.
    (b) Support.--A change in a stocking rate shall be supported by 
monitoring, as evidenced by rangeland studies conducted over time, and 
as is specified in an applicable land use plan or as is necessary to 
manage, maintain, or improve rangeland productivity.
    (c) Increase in Active Use.--
          (1) In general.--Any additional forage that becomes available 
        may be apportioned to a qualified applicant for livestock 
        grazing use, consistent with multiple-use management 
        objectives.
          (2) Temporary availability.--Any additional forage that 
        becomes temporarily available for livestock grazing use 
        (including forage that is temporarily available within an 
        allotment because of a change in grazing use under section 
        131(b)) may be apportioned on a nonrenewable basis.
          (3) Availability on sustained use basis.--
                  (A) In general.--Any additional forage that becomes 
                available on a sustained yield basis for livestock 
                grazing use shall be apportioned in satisfaction of 
                grazing preferences to the permittees and lessees 
                authorized to graze in the allotment in which the 
                forage is available before being apportioned to other 
                persons under subparagraph (B).
                  (B) Apportionment to others.--After consultation, 
                cooperation, and coordination with the permittees, 
                lessees, and other qualified applicants, additional 
                forage on a sustained yield basis available for 
                livestock grazing use exceeding the amount of grazing 
                preferences of the permittees and lessees in an 
                allotment may be apportioned in the following priority 
                to--
                          (i) permittees and lessees in proportion to 
                        their contribution or efforts that resulted in 
                        increased forage production;
                          (ii) permittees or lessees in proportion to 
                        the amount of their grazing preferences; and
                          (iii) other qualified applicants under 
                        section 131.
    (d) Decrease in Authorized Grazing Use.--
          (1) Temporary suspension.--
                  (A) In general.--Active use may be suspended in whole 
                or in part on a temporary basis to facilitate--
                          (i) recovery from drought, fire, or another 
                        natural event; or
                          (ii) installation, maintenance, or 
                        modification of range improvements.
                  (B) Implementation.--If an authorized officer 
                determines that the soil, vegetation, or other 
                resources on Federal land require temporary protection 
                because of conditions such as drought, fire, flood, or 
                insect infestation, after consultation, cooperation, 
                and coordination with affected permittees or lessees, 
                action shall be taken to close allotments or portions 
                of allotments to grazing by any kind of livestock or to 
                modify authorized grazing use.
          (2) Permanent suspension.--When monitoring shows that active 
        use is causing an unacceptable level or pattern of utilization 
        or exceeds the livestock carrying capacity, as determined 
        through monitoring, an authorized officer, after evaluating all 
        uses and implementing all reasonable and viable management 
        practices or alternatives, shall reduce active use if necessary 
        to maintain or improve rangeland productivity only if the 
        authorized officer determines that a change in other uses or a 
        change in grazing management practices would not achieve the 
        management objectives.
          (3) Period of suspension.--When active use is reduced, the 
        active use shall be held in suspension or in nonuse for 
        conservation and protection purposes until the authorized 
        officer determines that active use may resume.
    (e) Implementation of Change in Available Forage.--
          (1) Phasing-in.--A change in active use in excess of ten 
        percent shall be implemented over a five-year period, unless, 
        after consultation, cooperation, and coordination with the 
        affected permittees or lessees, an agreement is reached to 
        implement the increase or decrease over less than a five-year 
        period.
          (2) Suspension of grazing preference.--
                  (A) In general.--After consultation, cooperation, and 
                coordination with the permittee or lessee, a suspension 
                of a grazing preference shall be implemented through a 
                documented agreement or by decision of an authorized 
                officer.
                  (B) Data available.--If acceptable range analysis 
                data are properly gathered, analyzed, and reviewed by 
                the authorized officer, an initial decrease shall be 
                taken on the effective date of the agreement or 
                decision and the balance taken in the third and fifth 
                years following that effective date, except as provided 
                in paragraph (1).
                  (C) Data not available.--If data acceptable to the 
                authorized officer to support an initial decrease are 
                not available--
                          (i) additional data shall be collected 
                        through monitoring and in coordination with the 
                        land-grant university (or other appropriate 
                        institution of higher education) and department 
                        of agriculture of the State; and
                          (ii) adjustments based on the additional data 
                        shall be implemented by agreement or decision 
                        that will initiate the five-year implementation 
                        period.

SEC. 115. CHANGES IN FEDERAL LAND ACREAGE.

    (a) Increases in Land Acreage.--If land outside a designated 
allotment becomes available for livestock grazing--
          (1) the forage available for livestock shall be made 
        available to a qualified applicant at the discretion of the 
        authorized officer; and
          (2) grazing use shall be apportioned under section 131.
    (b) Decrease in Land Acreage.--
          (1) In general.--If there is a decrease in Federal land 
        acreage available for livestock grazing within an allotment--
                  (A) grazing permits or grazing leases may be 
                canceled, suspended, or modified as appropriate to 
                reflect the changed area of use; and
                  (B) grazing preferences may be canceled or suspended 
                in whole or in part.
          (2) Equitable apportionment.--A cancellation or suspension 
        determined by the authorized officer to be necessary to protect 
        Federal land--
                  (A) shall be apportioned as agreed among the 
                authorized users and the authorized officer; or
                  (B) if no agreement is reached, shall be equitably 
                apportioned by the authorized officer based on the 
                level of available forage and magnitude of the change 
                in Federal land acreage available.
          (3) Disposition or use for public purpose.--
                  (A) In general.--If Federal land is disposed of or 
                devoted to a public purpose so as to preclude livestock 
                grazing, the Secretary shall, except in a case of 
                emergency such as need to satisfy a national defense 
                requirement in time of war or a natural disaster, 
                provide permittees and lessees two years' notice prior 
                to cancellation of grazing permits, grazing leases, and 
                grazing preferences.
                  (B) Waiver.--A permittee or lessee may 
                unconditionally waive the two-year prior notification 
                required by subparagraph (A).
                  (C) Right to compensation.--A waiver under 
                subparagraph (B) shall not prejudice a permittee's or 
                lessee's right to reasonable compensation at (but not 
                in excess of) the fair market value of the permittee's 
                or lessee's interest in authorized permanent range 
                improvements located on Federal land.

                     Subtitle C--Grazing Management

SEC 121. ALLOTMENT MANAGEMENT PLANS.

    (a) In General.--If the Secretary concerned elects to develop 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 Resource Advisory 
Councils and the Grazing Advisory Boards established pursuant to 
section 176 and 177, and any State or States having lands within the 
area to be covered by such allotment management plan.
    (b) Contents.--An allotment management plan shall--
          (1) include the terms and conditions described in section 
        136;
          (2) prescribe the livestock grazing practices necessary to 
        meet specific multiple-use management objectives;
          (3) specify the limits of flexibility within which the 
        pemittee or lessee may adjust operations without prior approval 
        of the authorized officer; and
          (4) provide for monitoring to evaluate the effectiveness of 
        management actions in achieving the specific multiple-use 
        management objectives of the plan.
    (c) Private and State Land--Private and State land shall be 
included in an allotment management plan with the consent or at the 
request of the person that owns or controls the land.
    (d) Incorporation in Grazing Permits and Grazing Leases.--An 
allotment management plan shall be incorporated into the affected 
grazing permits and grazing leases.

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, maintenance, or use of a permanent 
        range improvement or development of a rangeland to achieve a 
        management or resource condition objective.
          (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 permanent range improvement 
                under a range improvement cooperative agreement shall 
                be in the name of the permittee or lessee and of the 
                United States, respectively, in proportion to the value 
                of the contributions (funding, material, and labor) 
                toward the initial cost of construction by he United 
                States and the permittee or lessee, respectively.
                  (B) Value of federal land.--For the purpose of 
                subparagraph (A), only a contribution to the 
                construction, installation, modification, or 
                maintenance of a permanent rangeland improvement 
                itself, and not the value of Federal land on which the 
                improvement is placed, shall be taken into account.
                  (C) Maintenance.--Maintenance of range improvements 
                in the form of time as labor or monetary expenditures 
                shall be applied to the value and percentage of 
                ownership proportionate to the value of the 
                contribution by a party to the cooperative agreement.
          (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 
        improvments.
    (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) Standards, Design, and Stipulations.--A range improvement 
cooperative agreement under subsection (a) and a range improvement 
permit under subsection (b) shall specify the standards and design, 
construction, and maintenance criteria for the range improvements.
    (d) Assignment of Range Improvements.--An authorized officer shall 
not approve the transfer of a grazing preference under section 113(c) 
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 improvements within the 
allotment as of the date of the transfer.
    (e) Removal and Compensation for Loss of Range Improvements.--
          (1) Prohibition of removal.--A person shall not remove a 
        range improvement from Federal land without authorization by 
        the authorized officer.
          (2) Requirement to remove.--The authorized officer may 
        require a permittee or lessee to remove a range improvement on 
        Federal land that the permittee or lessee owns if the 
        improvement is no longer helping to ahieve land use plan or 
        allotment goals and objectives or if the improvement fails to 
        meet the standards and criteria of subsection (c).
          (3) Cancellation of grazing permit or grazing lease.--
                  (A) In general.--If a grazing permit or grazing lease 
                is canceled in order to devote Federal land covered by 
                the grazing permit or grazing lease to another pubic 
                purpose, including disposal, the permittee or lessee 
                shall be entitled to receive from the United States 
                reasonable compensation for the value of the 
                permittee's or lessee's interest in authorized 
                permanent range improvements purchased by the permittee 
                or lessee or placed or constructed by the permittee or 
                lessee on Federal land covered by the canceled grazing 
                permit or grazing lease.
                  (B) Fair Market Value.--The value of a permittee's or 
                lessee's interest under subparagraph (A) shall be equal 
                to the fair market value of the terminated portion of 
                the permittee's or lessee's interest in the permanent 
                range improvements.
                  (C) Salvage and rehabilitation.--In a case in which a 
                range improvement is authorized by a range improvement 
                permit or range improvement cooperative agreement, the 
                permittee or lessee may elect to salvage materials and 
                perform rehabilitation measures rather than accept 
                compensation for the fair market value.
          (4) Cancellation of range improvement permit or cooperative 
        agreement.--If a range improvement permit or range improvement 
        cooperative agreement is canceled, the permittee or lessee 
        shall be allowed 180 days after the date of cancellation in 
        which to salvage material owned by the lessee or permittee and 
        perform rehabilitation measures necessitated by the salvage.
                  (A) Contributions.--An authorized officer may accept 
                contributions of labor, material, equipment, or money 
                for administration, protection, and improvement of 
                Federal land necessary to achieve the objectives of 
                this title.
                  (B) Transfer of ownership of improvements.--
                          (i) Mediation.--An authorized officer may--
                                  (I) mediate a dispute regarding 
                                reasonable compensation in connection 
                                with a transfer of ownership of a range 
                                improvement; and
                                  (II) following consultation with the 
                                interested parties, make a 
                                determination concerning the fair and 
                                reasonable share of opertion and 
                                maintenance expenses and compensation 
                                for use of authorized range 
                                improvements.
                          (ii) No agreement.--If an agreement on the 
                        amount of compensation cannot be reached, the 
                        authorized officer shall issue a temporary 
                        grazing authorization, including appropriate 
                        terms and conditions and the requirement to 
                        compensate the permittee or lessee for the fair 
                        share of operation and maintenance, as 
                        determined by the authorized officer.

SEC. 123. MONITORING

    (a) In General.--Any monitoring or inspection of allotment 
territory for condition or compliance with grazing rules and 
regulations and the terms and conditions of grazing permits and 
allotment management plans shall be performed only by the permittee, 
qualified personnel, qualified consultants retained by the United 
States, or qualified consultants retained by the grazing permittee or 
lessee. An individual is qualified within the meaning of this section 
if he or she possesses the training, educational credentials or 
experience necessary to properly perform such monitoring or inspection.
    (b) Requirement of Requesting Permittee or Lessee Participation in 
Allotment Monitoring.--No inspection or monitoring documentation, data, 
information, or reports shall be relied on, or included in the 
permittee's or lessee's allotment file in any form unless the permittee 
or lessee has been invited and allowed to be present at and to 
participate in the inspection or other activity in which the 
information or data was gathered or which resulted in the report. No 
invitation to the permittee's or lessee's presence shall be valid for 
the purpose of this section unless the qualified personnel carrying out 
the inspection or monitoring activity made reasonable accommodations to 
the permittee's or lessee's schedule and circumstances allow the 
permittee or lessee to be present.

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 ownership,
    (c) Rule of Construction.--Nothing in this title shall be construed 
to create an expressed or implied reservation of water rights in the 
United States.

SEC. 125. MANAGEMENT OF GRAZING ON LAND UNDER THE JURISDICTION OF OTHER 
                    DEPARTMENTS AND AGENCIES.

    (a) In General.--In the case of land under the administrative 
jurisdiction of the head of another entity in the department or of 
another department or agency on which grazing is managed by the 
Secretary on behalf of the head of that entity, department, or agency, 
the Secretary shall enter into a memorandum of understanding setting 
out the terms and conditions under which grazing will be managed on 
that land.
    (b) Application of Title.--This title shall apply to management of 
grazing under subsection (a) except to the extent that the Secretary, 
in consultation with the head of the department or agency with 
jurisdiction over the land, in view of the needs of the other 
department or agency or the applicability of other law, requires 
application of different rules; Provided, that Title II shall govern 
the management of grazing on national grasslands.

                Subtitle D--Authorization of Grazing Use

SEC. 131. APPLICATIONS.

    (a) In General.--An application for a grazing permit or grazing 
lease authorizing active use and nonuse, a free-use grazing permit, or 
other grazing authorization shall be filed with the authorized officer 
at the local Bureau of Land Management or Forest Service office having 
jurisdiction over the Federal land that is the subject of the 
application.
    (b) Changes in Grazing Use--
          (1) In general.--In the case of any grazing fee year, an 
        application for a change in graving use should be filed with 
        the authorized officer before the billing notice for the 
        affected grazing use has been issued for the grazing fee year.
          (2) Late filing.--An application for a change in grazing use 
        filed after a billing notice for the affected grazing use has 
        been issued that requires the issuance of a replacement or 
        supplemental billing notice shall be subject to a service 
        change under section 137(d).
          (3) Authority to grant.--An authorized officer may grant an 
        application for a change in grazing use.
    (c) Conflicting Applications.--
          (1) Factors to be considered.--If more than one qualified 
        applicant applies for livestock grazing use of the same Federal 
        land or if additional forage for livestock or additional 
        acreage becomes available, an authorized officer may authorize 
        grazing use of the Federal land or use of forage--
                  (A) as provided in section 114(c); or
                  (B) on the basis of any of the following factors:
                          (i) Historical use of Federal land.
                          (ii) Proper range management and use of water 
                        for livestock.
                          (iii) General needs of the applicants' 
                        livestock operations.
                          (iv) Topography.
                          (v) Other land use requirements unique to the 
                        situation.
          (2) Factor not be be considered. In authorizing grazing use 
        or use of forage under paragraph (1), an authorized officer 
        shall not take into consideration the past practice or present 
        willingness of an applicant to allow public access to Federal 
        land over private land.

SEC. 132. GRAZING PERMITS OR GRAZING LEASES.

    (a) Specification of Terms and Conditions.--A grazing permit or 
grazing lease shall specify terms and conditions as required by section 
136.
    (b) Term.--A graving permit or grazing lease shall be issued for a 
term of 15 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 15 years; or
          (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.
    (c) Renewal.--A permittee or lessee holding a grazing permit or 
grazing lease shall be given first priority at the end of the term for 
renewal of the grazing permit or grazing lease if
          (1) the land for which the grazing permit or grazing 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 grazing 
        lease; and
          (3) the permittee or lessee accepts the terms and conditions 
        included by the authorized officer in the new grazing permit or 
        grazing lease.

SEC. 133. FREE-USE GRAZING PERMITS.

    (a) In General.--A free-use grazing permit may be issued, 
consistent with the title, to an applicant--
          (1) whose residence is adjacent to Federal land within a 
        grazing district;
          (2) who needs Federal land to support domestic livestock 
        owned by the applicant; and
          (3) whose products or work related to livestock grazing are 
        used directly and exclusively by the applicant and the 
        applicant's family.
    (b) Conflicting Applications.--The issue of a free-grazing permit 
is subject to section 131(c).
    (c) Term.--A free-use grazing permit shall be issued for a term of 
one year.
    (d) No Transfer or Assignment.--A free-use grazing permit may not 
be transferred or assigned.

SEC. 134. OTHER GRAZING AUTHORIZATIONS.

    (a) Exchange-of-Use Grazing Agreements.--
          (1) In general.--An exchange-of-use grazing agreement may be 
        issued to any applicant that owns or controls land that is 
        unfenced and intermingled with Federal land when use under such 
        an agreement would be in harmony with the management objectives 
        for the allotment.
          (2) Extent of use.--An exchange-of-using grazing agreement 
        may authorize use of Federal land to the extent of the 
        livestock carrying capacity of the land offered in exchange-of-
        use.
          (3) No fee.--No fee shall be charged for grazing use under an 
        exchange-of-use agreement.
    (b) Nonrenewable Grazing Permits and Grazing Leases.--A 
nonrenewable grazing permit or grazing lease may be issued on an annual 
basis to a qualified applicant when forage is temporarily available if 
grazing use under the grazing permit or grazing lease
          (1) is consistent with multiple-use objectives; and
          (2) does not interfere with other livestock operations on the 
        Federal land concerned.
    (c) Crossing Permits.--An applicant showing the necessity for 
crossing Federal land or other land under control of the Secretary with 
livestock for proper and lawful purposes may be issued a crossing 
permit on such terms and conditions as the authorized officer considers 
necessary to achieve the objectives of this title.
    (d) Special Grazing Permits or Grazing Leases.--
          (1) In general.--A special grazing permit or grazing lease 
        authorizing grazing use by privately owned or controlled 
        indigenous animals may be issued at the discretion of the 
        authorized officer, consistent with multiple-use objectives.
          (2) Term.--A special grazing permit or grazing lease shall be 
        issued for such a term as the authorized officer considers to 
        be appropriate, not to exceed 10 years.
    (e) No Priority; No Transfer of Assignment.--An exchange-of-use 
grazing agreement, nonrenewable grazing permit or grazing lease, 
crossing permit, or special grazing permit or grazing lease shall have 
no priority for renewal and may not be transferred or assigned.

SEC. 135. 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 grazing lease.
    (b) Compliance With State Requirements.--An authorized user shall 
comply with the requirements of the State in which Federal land is 
located relating to branding, marking, or tagging of livestock, breed, 
grade, and number of bulls, health, and sanitation.
    (c) Marking or Tagging.--An authorized officer shall not impose any 
marking or tagging requirement in addition to the requirement under 
State law.
    (d) Filing of Control Agreement and Brand.--A permittee or lessee 
that controls but does not own the livestock that graze Federal land 
shall file with the authorized officer.
          (1) the agreement that gives the permittee or lessee control 
        of the livestock; and
          (2) the brand and other identifying marks on the livestock.

SEC. 136. TERMS AND CONDITIONS.

    (a) In General.--
          (1) Specifications.--An authorized officer shall specify in a 
        grazing permit or grazing lease the kind and number of 
        livestock, the periods of use, the allotments to be used, and 
        the amount of use (stated in animal unit months) for each 
        grazing permit or grazing lease.
          (2) Amount of use.--The amount of livestock grazing use that 
        is authorized in a grazing permit or grazing lease shall not 
        exceed the livestock carrying capacity of the Federal land 
        concerned, as determined through monitoring and adjusted as 
        necessary under section 114.
          (3) General.--A grazing lease or permit shall be subject to 
        such other reasonable terms or conditions as may be required by 
        this Act.
    (b) No Special Terms and Conditions.--An authorized officer shall 
not impose any term or condition in a grazing permit or grazing lease 
other than a term or condition described in subsection (a) or as 
contained in an allotment management plan as described in section 121.
    (c) Modification.--Following careful and considered consultation, 
cooperation, and coordination with permittees and lessees, and 
authorized officer may modify the terms and conditions of a grazing 
permit or grazing lease if monitoring data show that the grazing use is 
not meeting the land use plan or management objectives.
    (d) Subleasing.--The Secretary shall not permit--
          (1) the lease or sublease of a Federal grazing permit or 
        lease, associated with the lease or sublease of base property, 
        to another party without a required transfer approved by the 
        Secretary;
          (2) the lease or sublease of a Federal grazing permit or 
        lease to another party without the assignment of the associated 
        base property;
          (3) allowing another party, other than a spouse, child, or 
        grandchild of the permittee or lessee to graze livestock that 
        are not owned or controlled by the permittee or lessee on 
        public lands, unless such grazing use is due to the lessee or 
        permittee being unable to make full grazing use due to the ill 
        health or death of the permittee or lessee; or
          (4) allowing another party, other than a spouse, child, or 
        grandchild of the permittee or lessee to graze livestock on 
        public lands under a pasturing agreement without the approval 
        of the Secretary.

SEC. 137. FEES AND CHARGES.

    (a) Definition.--Animal unit month. 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 grazing 
        lease.
    (b) Livestock not counted. There shall not be counted as an animal 
unit month the use of Federal land for grazing by
          (1) 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; or
          (2) an animal that is progeny, born during the period of use 
        authorized under a grazing permit or grazing lease, of an 
        animal on which a grazing fee is paid.
    (c) Grazing Fees.--
          (1) Basic fee.--The basic fee for each animal unit month in a 
        grazing fee year to be determined by the Bureau of Land 
        Management and the Forest Service shall be equal to the three-
        year average of the total gross value of production for beef 
        cattle, as compiled by the Economic Research service of the 
        department of Agriculture in accordance with paragraph (2) on 
        the basis of economic data published by the Service in the 
        Economic indicators of the Farm Sector: Cost of Production--
        Major Field Crops & Livestock and Dairy for the three years 
        preceding the grazing fee year, multiplied by .06 and divided 
        by 12.
          (2) Criteria.--
                  (A) In general.--The Economic Research Service of the 
                Department of Agriculture shall: continue to compile 
                the gross production value of production of beef cattle 
                as reported in a dollar per bred cow basis in the 
                ``U.S. Cow-Calf Production Cash Costs and Returns.''
          (3) Surcharge.--
                  (A) A surcharge shall be added to the grazing fee 
                billings for authorized grazing of livestock owned by 
                persons other than the permittee or lessee except 
                where--
                          (i) such use is made by livestock owned by a 
                        spouse, child, or grandchild of the permittee 
                        and lessee; or
                          (ii) the permittee of lessee is unable to 
                        make full grazing use, as authorized by a 
                        grazing permit or lease, due to the informed 
                        condition or death of the permittee or lessee.
                  (B) The surcharge shall be over and above any other 
                fees that may be charged for using public land forage.
                  (C) Surcharges shall be paid prior to grazing use.
                  (D) The surcharge for authorized pasturing of 
                livestock owned by persons other than the permittee or 
                lessee will be equal to 25 percentum of the difference 
                between the current year's Federal grazing fee and the 
                prior year's private grazing land lease rate per AUM 
                for the appropriate State as compiled by the national 
                Agricultural Statistics Service.
                  (E) In General.--The Bureau of Land Management and 
                the Forest Service shall make a determination under 
                paragraph (1) based on the following information 
                gathered by the National Agriculture Statistics Service 
                of the Department of the Agriculture with respect to 
                the largest single grazing lease of each grazing 
                operator (in terms of dollars):
                          (i) Whether the operator charged--
                                  (I) per acre;
                                  (II) per head per month;
                                  (III) per pound of gain;
                                  (IV) per hundredweight of gain; or
                                  (V) by another measure, and the rate 
                                charged.
                          (ii)(I) The estimated average pounds gained 
                        per season for the grazing lease.
                          (II) The total dollar amount estimated to be 
                        realized from the grazing lease.
                          (III) Grazing lease acreage.
                          (IV) The State and county where the grazing 
                        lease is located.
                          (iii) The classes of livestock grazed.
                          (iv) The term of the grazing lease.
                          (v)(I) Whether grazing lease payments are 
                        paid if no grazing occurred.
                          (II) Whether the grazing lease contains a 
                        take or pay provision.
                          (vi) Additional information on whether the 
                        following are provided by the lessor on a five-
                        year basis:
                                  (I) Fencing maintenance;
                                  (II) Animal management and oversight;
                                  (III) Water maintenance;
                                  (IV) Salt and minerals;
                                  (V) Other service (specified);
                                  (VI) No services;
                                  (VII) Hunting;
                                  (VIII) Fishing;
                                  (IX) Other (specified); and
                                  (X) None.
                  (E) Private native rangeland.--For the purpose of 
                determining rates for grazing leases of private native 
                rangeland, rates for irrigated pasture, crop aftermath, 
                and dryland winter wheat shall be excluded.
          (4) Payment.--
                  (A) Due date.--A grazing fee shall be due on the due 
                date specified in the billing notice.
                  (B) Payment prior to use.--A grazing fee shall be 
                paid prior to grazing use.
                  (C) Billing after grazing season.--If an allotment 
                management plan provides for billing after the grazing 
                season, a grazing fee shall be based on actual grazing 
                use and shall be due upon issuance.
          (5) Refunds.--
                  (A) In general.--A grazing fee may be refunded if an 
                application for change in grazing use and related 
                refund is filed prior to the period of use for which 
                the refund is requested.
                  (B) Failure to make grazing use.--
                          (i) In general.--Except as provided in 
                        subparagraph (B), no refund shall be made for 
                        failure to make grazing use.
                          (ii) Range depletion or disease.--During a 
                        period of range depletion due to drought, fire, 
                        or other natural cause, or in case of a general 
                        spread of disease among the livestock that 
                        occurs during the term of a grazing lease, an 
                        authorized officer may credit or refund a 
                        grazing fee in whole or in part or postpone fee 
                        payment for as long as the emergency exists.
    (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. 1834(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) Repeal.--Section 6(a) of the Public Rangelands Improvement Act 
of 1978 (43 U.S.C. 1905) is repealed.
    (f) Application of Section.--This section applies to the management 
of livestock grazing on Western Federal land by the Secretary of 
Agriculture, acting through the Chief of the Forest Service, as well as 
to the Secretary.

SEC. 128. PLEDGE OF GRAZING PERMITS OR GRAZING LEASES AS SECURITY FOR 
                    LOANS.

    (a) Renewal.--A grazing permit or grazing lease that has been 
pledged as security for a loan from a lending agency shall be renewed 
by the authorized officer for a period of not to exceed 15 years if--
          (1) the loan is for the purpose of furthering the permittee's 
        or lessee's livestock operation;
          (2) the permittee or lessee has complied with this title; and
          (3) renewal would be in accordance with other applicable 
        laws.
    (b) Effect of Pledge.--The pledging of a grazing permit or grazing 
lease as security for a loan from a lending agency shall not exempt the 
grazing permit or grazing lease from this title.

         Subtitle E--Civil Violations and Failure of Compliance

SEC. 141. CIVIL VIOLATIONS AND FAILURES OF COMPLIANCE.

    (a) Scope of Section.--
          (1) In general.--This section states all of the violations 
        and failures of compliance that pertain specifically to 
        livestock grazing on Federal land that may result in imposition 
        of a sanction described in subsection (c) against a person in 
        the person's capacity as a permittee, lessee, or applicant for 
        a grazing permit or grazing lease.
          (2) Other violations.--A permittee, lessee, or applicant for 
        a grazing permit or grazing lease that commits a violation 
        relating to Federal land under a law that applies to all 
        persons generally shall be subject to penalty under that law.
    (b) In General.--A person that knowingly and willfully does one of 
the following shall be subject to a civil sanction under subsection 
(c):
          (1) Fails to make substantial grazing use as authorized by a 
        grazing permit or grazing lease for two consecutive fee years.
          (2) Places supplemental feed on land covered by a grazing 
        permit or grazing lease without authorization.
          (3) Fails to comply with a term, condition, or stipulation of 
        a range improvement cooperative agreement or range improvement 
        permit.
          (4) Enters into an unauthorized sublease.
          (5) Allows livestock or another privately owned or controlled 
        animal to graze on or be driven across Federal land--
                  (A) without a grazing permit, grazing lease, or other 
                grazing use authorization;
                  (B) in violation of a term or condition of a grazing 
                permit, grazing lease, or other grazing use 
                authorization, including a provision stating the number 
                of livestock covered by the authorization;
                  (C) in an area or at a time different from that 
                authorized; or
                  (D) if the livestock is not identified in compliance 
                with section 135.
          (6) Installs, uses, modifies, or removes a range improvement 
        on Federal land without authorization.
          (7) Damages or removes Federal Government property from 
        Federal land without authorization.
          (8) Molests livestock authorized to graze on Federal land.
          (9) Interferes with a lawful grazing use or lawful user.
          (10) Makes a false statement or representation in a base 
        property certification, grazing application, range improvement 
        permit application, cooperative agreement, or actual use 
        report, or an amendment thereto.
          (11) Grazes livestock on Federal land not substantially in 
        compliance with State livestock requirements relating to--
                  (A) branding, marking, or tagging if livestock;
                  (B) breed, grade, or number of bulls; or
                  (C) health or sanitation.
    (c) Penalties.--
          (1) In general.--In case a violation or failure of compliance 
        described in subsection (b), an authorized officer may--
                  (A) withhold issuance of a grazing permit or grazing 
                lease for a period of time;
                  (B) suspend the grazing use authorized under a 
                grazing permit or grazing lease for a period of time, 
                in whole or in part; or
                  (C) cancel a grazing permit or grazing lease and 
                grazing preference, or a free-use grazing permit or 
                other grazing authorization, in while or in part.
          (2) A grazing lease or permit may be canceled, suspended, or 
        modified for--
                  (A) any violation of this title, or for
                  (B) any violation of a term or condition of the 
                permit or lease, or for
                  (C) conviction for failure to comply with Federal 
                laws or regulations relating to protection of air, 
                water, soil and vegetation, fish and wildlife, and 
                other environmental values when exercising the grazing 
                use authorized by the permit or lease.
          (3) Second or subsequent willful violation. In a case of a 
        second or subsequent willful civil violation described in 
        subsection (a), an authorization officer shall--
                  (A) suspend the grazing use authorized under a 
                grazing permit for a period of time, in whole or in 
                part; or
                  (B) cancel a grazing permit or grazing lease and 
                grazing preference, in whole or in part.
          (4) Consideration of severity.--A determination of the length 
        of time that a grazing permit or grazing lease will be withheld 
        or suspended or that a grazing permit or grazing lease will be 
        canceled shall reflect the severity of the violation or failure 
        of compliance.
          (5) Referral for action under subtitle f.--If a person other 
        than a permittee or lessee violates subsection (a)(5), and the 
        person has not made satisfactory settlement under section 153, 
        the authorized officer shall refer the matter to proper 
        authorities for appropriate legal action by the United States 
        against the violator under subtitle F.
          (6) Subleases.--
                  (A) In general.--A person who violates subsection 
                (b)(4) shall be required to pay to the United States 
                the dollar equivalent value, as determined by the 
                authorized officer, of all compensation received for 
                the sublease that is in excess of the sum of the 
                established grazing fee and the cost incurred by the 
                person for the installation and maintenance of 
                authorized range improvements.
                  (B) Failure to pay.--If the dollar equivalent value 
                is not received by the authorized officer within 30 
                days of receipt of a final decision, the grazing permit 
                or grazing lease shall be canceled.
                  (C) Additional penalty.--Payment under this paragraph 
                shall be in addition to any other penalties the 
                authorized officer may impose under this subsection.
          (7) Failure to use.--After consultation, cooperation, and 
        coordination, the authorized officer may cancel a grazing 
        preference to the extent of failure to use when a permittee or 
        lessee has failed to make substantial grazing use as authorized 
        for two consecutive years.
                  Subtitle F--Unauthorized Grazing Use

SEC. 151. LIABILITY FOR DAMAGES.

    (a) In General.--A person who commits a violation described in 
section 141(b)(5) shall be liable in damages to the United States for--
          (1) the value of forage consumed by the livestock of the 
        person;
          (2) injury to Federal property caused by unauthorized grazing 
        use; and
          (3) expenses incurred in impoundment and sale of the person's 
        livestock.
    (b) No Liability.--In no circumstances shall a person be liable in 
damages to the United States for expenses incurred in impoundment or 
sale of the person's livestock if the person did not commit a violation 
of section 141(b)(5) or if the impoundment or sale was not conducted in 
accordance with State law.

SEC. 152. NOTICE AND ORDER TO REMOVE.

    (a) Known Owner.--
          (1) Service.--When it appears that a violation described in 
        section 151 has occurred or is occurring and the owner of the 
        unauthorized livestock is known, an authorized officer shall 
        serve written notice of unauthorized use and an order to remove 
        livestock by a specified date on the owner (or the owner's 
        agent of record) by certified mail or personal delivery.
          (2) Opportunity to respond.--Written notice under paragraph 
        (1) shall allow a specified time from receipt of notice for the 
        livestock owner to--
                  (A) show that there has been no violation; or
                  (B) make settlement under section 153.
    (b) Unknown Owner.--When it appears that a violation described in 
section 151 has occurred or is occurring and neither the owner of the 
unauthorized livestock nor an agent of the owner is known, an 
authorized officer may immediately proceed to impound the livestock 
under section 154.

SEC. 153. SETTLEMENT.

    (a) Determination of Willfulness.--An authorized officer shall 
determine whether a violation described in section 151 is a nonwillful, 
willful, or second or subsequent willful violation.
    (b) Second or Subsequent Willful Violations.--In the case of a 
second or subsequent willful violation, the authorized officer shall--
          (1) suspend the grazing use authorized under a grazing permit 
        or grazing lease, in whole or in part; or
          (2) cancel a grazing permit or grazing lease and grazing 
        preference, or a free-use grazing permit or other grazing 
        authorization, in whole or in part.
    (c) Settlement Amount.--Except as provided in subsection (e), the 
settlement amount in the case of a violation described in section 151 
shall include--
          (1) the value of forage consumed as determined under 
        subsection (d);
          (2) the full value for all damage to Federal land and other 
        property of the United States resulting from the violation; and
          (3) all reasonable expenses incurred by the United States in 
        detecting, investigating, and resolving the violation, and 
        livestock impoundment costs.
    (d) Value of Forage.--
          (1) Nonwillful violation.--In the case of a nonwillful 
        violation, the value of forage consumed shall be the product 
        of--
                  (A) average monthly rate per animal unit month for 
                pasturing livestock on privately owned land (excluding 
                irrigated land) for the 16 western States as published 
                annually be the Department of Agriculture; and
                  (B) the period of the violation.
          (2) Willful violation.--In the case of a willful violation, 
        the value of forage consumed shall be twice the value 
        determined under paragraph (1).
          (3) Second or subsequent willful violations.--In the case of 
        a second or subsequent willful violation, the value of forage 
        consumed shall be three times the value determined under 
        paragraph (1).
    (e) Nonmonetary Settlement.--An authorized officer may approve a 
nonmonetary settlement of a case of a violation described in section 
151 if the authorized officer determines that each of the following 
conditions is 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.
    (f) Effect of Settlement.--Payment of a settlement amount under 
this section shall not relieve the violator of any criminal liability 
under Federal or State law.
    (g) No Grazing Use.--A person who is found to have committed a 
violation described in section 151 shall not be authorized to make 
grazing use until any settlement amount found to be due under this 
section has been paid.
    (h) Other Sanctions.--An authorized officer may cancel or suspend a 
grazing authorization or deny approval of an application for grazing 
use until a settlement amount found to be due under this section has 
been paid.

SEC. 154. IMPOUNDMENT AND SALE.

    (a) In General.--Subject to section 152(b), unauthorized livestock 
remaining on Federal land after the date specified in a notice and 
order under section 152(a) may be impounded and sold by the authorized 
officer, acting in conjunction with the State Livestock Board.
    (b) Notice of Intent To Impound.--
          (1) Known owner.--
                  (A) Service.--A written notice of intent to impound 
                shall be sent by certified mail or personally delivered 
                to the livestock owner (or the owner's agent).
                  (B) Contents.--The written notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following delivery of 
                the notice.
          (2) Unknown owner.--
                  (A) Publication and posting.--If the livestock owner 
                and owner's agent are unknown, or if both a known owner 
                and the owner's agent refuse to accept delivery of 
                notice, a notice of intent to impound shall be 
                published in a local newspaper and posted at the county 
                courthouse and a post office near the Federal land 
                concerned.
                  (B) Contents.--The notice shall state that 
                unauthorized livestock on specified Federal land may be 
                impounded any time after 10 days following publication 
                and posting of the notice.
    (c) Impoundment.--After 10 days following delivery or publication 
and posting of a notice under subsection (b), the notice shall become 
effective, and unauthorized livestock may be impounded without further 
notice any time within the 12-month period following the effective date 
of the notice.
    (d) Notice of Public Sale.--
          (1) In general.--Following the impoundment of livestock under 
        this section, the livestock may be sold by the authorized 
        officer or, if a suitable agreement is in effect, turned over 
        to the State for sale, in accordance with subsection (f).
          (2) Notification.--Any known livestock owner (or owner's 
        agent) shall be notified in writing by certified mail or by 
        personal delivery of the sale and the procedure by which the 
        impounded livestock may be redeemed prior to the sale.
    (e) Redemption.--An owner (or owner's agent) or lienholder of 
record of impounded livestock may redeem the livestock in accordance 
with State law, prior to the time of sale upon settlement with the 
United States under section 153 or adequate showing that there has been 
no violation.
    (f) Sale.--If livestock are not redeemed on or before the date and 
time fixed for sale, the livestock shall be offered at public sale to 
the highest bidder by the authorized officer under State law, or by the 
State.

                         Subtitle G--Procedure

SEC. 161. PROPOSED DECISIONS.

    (a) Proposed Decisions on Grazing Permits or Grazing Leases.--
          (1) Service on applicants, permittees, lessees, and 
        lienholders.--In the absence of a written agreement between an 
        authorized officer and any applicant, grazing permittee, 
        lessee, or lienholder, 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 lienholder) that is 
        affected by--
                  (A) a proposed action on an application for a grazing 
                permit, grazing lease, or range improvement permit; or
                  (B) a proposed action relating to a term or condition 
                of a grazing permit, grazing lease, or range 
                improvement permit.
          (2) Contents.--A proposed decision described in paragraph (1) 
        shall
                  (A) state reasons for the action, including reference 
                to pertinent provision of this title or other 
                applicable law (including regulations); and
                  (B) state that any protest to the proposed decision 
                must be filed not later than 15 days after service.
    (b) Proposed Decisions on Alleged Violations.--
          (1) Service.--If the authorized officer determines that a 
        permittee or lessee appears to have violated any provision of 
        this title, the authorized officer shall serve a proposed 
        decision on the permittee or lessee (or permittee's or lessee's 
        agent) by certified mail or personal delivery.
          (2) Contents.--A proposed decision shall
                  (A) state--
                          (i) the alleged violation and refer to the 
                        specific provision of this title that is 
                        alleged to have been violated;
                          (ii) the reasons for the proposed decision;
                          (iii) the fee due under section 137(a) or 
                        settlement amount due under section 153; and
                          (iv) any civil penalty to be imposed under 
                        section 141; and
                  (B) state that any protest to the proposed decision 
                must be filed not later than 15 days after service.

SEC. 162. PROTESTS.

    An applicant, permittee, or lessee may protest a proposed decision 
under section 161 in person or in writing to the authorized officer 
within 15 days after service of the proposed decision.

SEC. 163. FINAL DECISIONS.

    (a) No Protest.--In the absence of a timely filed protest, a 
proposed decision 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.--After reviewing the protest, the authorized officer 
shall serve a final decision on the parties to the proceeding.

SEC. 164. APPEALS.

    (a)(1) In General.--After a decision by an authorized officer has 
become final, a permittee or lessee may appeal the final decision for 
the purpose of a hearing before an administrative law judge by filing a 
notice of appeal in the office of the authorized officer within 30 days 
after the service of the final decision. A hearing shall be conducted 
pursuant to 5 U.S.C. 554-559. Any person desiring to appear as amicus 
curiae in any hearing shall make timely request stating the grounds for 
such request. Permission to appear, if granted, will be for such 
purposes as established by the Director of the Department of the 
Interior's Office of Hearings and appeals or the appropriate officer at 
the Department of Agriculture.
    (2) When a grazing decision is appealed to an administrative law 
judge, the burden of proof shall be on the proponent of the rule or 
order. The standard of proof shall be by a preponderance of the 
evidence in the record as a whole.
    (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.--
                  (A) In general.--A District Manager of the Bureau of 
                Land Management may order that a decision on a grazing 
                permit application shall remain in effect during an 
                appeal of the decision if it is determined that 
                imminent and irreversible damage to land resources 
                would be likely to result from delay of effectiveness 
                of the decision.
                  (B) Basis of order.--An order under subparagraph (A) 
                shall be made in accordance with
                          (i) state-of-the-art science;
                          (ii) information and opinions offered by 
                        State land grant universities; and
                          (iii) the preponderance of evidence gathered 
                        in the proceeding.
          (1) District manager's Duties Concerning Appeals.--In the 
        case of an appeal concerning grazing on lands administered by 
        the Department of the Interior, the District Manager shall, 
        within 30 days, forward the appeal, and any pertinent 
        information that would be useful in the rendering of a decision 
        on such appeal, to the Office of Hearings and Appeals. The 
        Office of Hearings and Appeals shall make an expedited 
        determination whether the determination of the District Manager 
        pursuant to subsection (b) of this section to have a decision 
        on a grazing permit application take immediate effect is 
        warranted.
    (d) Forest Service Appeals.--Appeals regarding grazing leases or 
permits on lands administered by the Chief of the Forest Service shall 
be handled according to the regulations codified in 36 CFR 215, 217, or 
251, whichever is applicable.

                    Subtitle H--Advisory Committees

SEC. 171. PURPOSE.

    This subtitle contains standards and procedures for the 
establishment, operation, and termination of advisory committees to 
advise the Secretary of the Interior and the Secretary of Agriculture 
on matters relating to grazing on Federal land and resources under the 
administrative jurisdiction of the Bureau of Land Management and the 
Forest Service.

SEC. 172. OBJECTIVE.

    The objective of an advisory committee established under this 
subtitle is to provide to the Secretary expert recommendations of 
concerned, knowledgeable citizens and public officials regarding:
          (1) the formulation of operating guidelines; and
          (2) the preparation and execution of plans and programs for 
        the use and management of Federal land, the natural and 
        cultural resources on Federal land, and the environment.

SEC. 173. RELATION TO OTHER LAW.

    Except to the extent that the following laws may be inconsistent 
with this subtitle, the following laws shall apply to an advisory 
committee established under this subtitle:
          (1) The Federal Advisory Committee Act (5 U.S.C. App.).
          (2) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
          (3) Section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. 
        App.).

SEC. 174. POLICY.

    (a) In General.--After consultation, cooperation, and coordination 
with State and local government officials, the Secretary shall 
establish advisory committees representative of major citizens' 
interests to advise the Secretary regarding the policies and programs 
set forth in this Act.
    (b) Optimal Employment.--The Secretary shall ensure that--
          (1) advisory committees are optimally utilized; and
          (2) the number of advisory committees is limited to the 
        number that is essential to the conduct of the public's 
        business.

SEC. 175. GENERAL PROVISIONS.

    (a) Charters.--
          (1) In general.--For each advisory committee established by 
        the Secretary pursuant to this Act, the Secretary shall--
                  (A) prepare a charter describing the advisory 
                committee's structure and functions; and
                  (B) file the charter with the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Resources of the House of Representatives.
          (2) Amendment.--Except for the correction of errors and other 
        minor changes, a charter filed under paragraph (a) shall not be 
        amended without authorization by an Act of Congress.
    (b) Calls for Nominations.--Candidates for appointment to an 
advisory committee shall be sought through public calls for nominations 
made through publication in the Federal Register and through media 
releases and systematic contacts with State and local government 
officials and individuals and organizations interested in the use and 
management of Federal land and resources.
    (c) Composition.--
          (1) Structure.--An advisory committee shall be structured--
                  (A) to provide fair membership balance (geographic 
                and interest-specific) in terms of the functions to be 
                performed and points of view to be represented, as 
                prescribed by the advisory committee's charter; and
                  (B) to provide representative advice about Federal 
                land and resource planning, retention, management, and 
                disposal.
          (2) No discrimination.--No person shall be denied an 
        opportunity to serve on an advisory committee because of race, 
        age, sex, religion, or national origin.
          (3) Qualifications.--A person shall be qualified to serve on 
        an advisory committee--
                  (A) the person's education, training, or experience 
                enables the person to give informed and objective 
                advice regarding an industry, discipline, or interest 
                specified in the committee's charter;
                  (B) the person has demonstrated experience or 
                knowledge of the geographical area under the purview of 
                the advisory committee; and
                  (C) the person has demonstrated a commitment to 
                seeking consensus solutions to resource management 
                issues.
    (d) Avoidance of Conflicts of Interest.--
          (1) Participation in deliberations.--An advisory committee 
        member shall not participate in deliberations or vote on any 
        matter if the decision of the matter would, on its face or as 
        applied, affect only an interest held by that member and not 
        the interests of permittees or lessees generally.
          (2) Disclosure of interests.--
                  (A) In general.--Each member of an advisory committee 
                shall be required to disclose the member's direct or 
                indirect interest, including holdings of a spouse or 
                dependent children of a member, in grazing leases, 
                licenses, permits, contracts, or claims and related 
                litigation that involve lands or resources administered 
                by the Secretary.
    (e) Termination of Service.--The Secretary may, after written 
notice, terminate 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.
    (f) Compensation and Reimbursement of Expenses.--A member of an 
advisory committee shall not receive any compensation or reimbursement 
of expenses in connection with the performance of the member's duties 
as a member of the advisory committee.

SEC. 176. RESOURCE ADVISORY COUNCILS.

    (a) Establishment.--The Secretary, in consultation with the 
Governors of the affected States, shall establish and operate Resource 
Advisory Councils on a regional, State, or planning area level to 
provide advice on management issues for all lands administered by the 
Bureau of Land Management within such State or regional area, except 
where the Secretary determines 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 
Secretary and appropriate State officials on--
          (1) matters regarding the preparation, amendment, and 
        implementation of land use and activity plan for public lands 
        and resources within its area;
          (2) major management decisions while working within the broad 
        management goals established for the grazing district; and on
          (3) matters relating to the development of and range 
        management decisions and actions taken regarding allotment 
        management plans prepared pursuant to section 121.
    (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 Secretary respond 
        directly to the resource 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.--(1) The Secretary, 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 
Secretary 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 governmental agencies, Indian 
tribes, and other members of the affected public.
    (3) The Secretary 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 Secretary.
    (g) Per Diem Expenses.--Resource Advisory Council members shall 
serve without compensation as such, but shall be reimbursed for travel 
and per diem expenses while on official business, as authorized by 5 
U.S.C. 5703.
    (h) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this section, the Federal Advisory Committee Act 
shall apply to the Resource Advisory Councils established under this 
section.
    (i) Other FLPMA Advisory Councils.--Nothing in this section shall 
be construed as modifying the authority of the Secretary to establish 
other advisory councils under section 309 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1739).

SEC. 177. GRAZING ADVISORY BOARDS.

    (a) Establishment.--For each district office of the Bureau of Land 
Management in the sixteen contiguous Western States having jurisdiction 
over more than 500,000 acres of public lands subject to commercial 
livestock grazing, the Secretary, upon the petition of a simple 
majority of livestock lessees and permittees under the jurisdiction of 
such offices, shall establish and maintain at least one Grazing 
Advisory Board of not more than fifteen members.
    (b) Function.--The function of the Grazing Advisory Boards 
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 funds under the 
        Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et 
        seq.);
          (3) grazing management programs and implementation; and
          (4) range management decisions and actions at the allotment 
        management plan level or permit management plan level.
    (c) Disregard of Advice.--
          (1) Request for response.--If a grazing advisory board 
        becomes concerned that its advice is being arbitrarily 
        disregarded, the grazing advisory board may, by unanimous vote 
        of its members, request that the Secretary respond directly to 
        the grazing advisory board'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) Members.--The number of members on each Grazing Advisory Board 
shall be determined by the Secretary. Members shall serve for a term of 
two years. Each board shall consist of livestock representatives who 
shall be lessees or permittees in the area administered by the district 
office and shall be chosen by the lessees and permittees in the area 
through an election prescribed by the Secretary.
    (e) Per Diem Expenses.--Grazing Advisory Board members shall serve 
without compensation as such, but shall be reimbursed for travel and 
per diem expenses while on official business, as authorized by 5 U.S.C. 
5703.
    (f) Federal Advisory Committee Act.--Except to the extent that it 
is inconsistent with this section, the Federal Advisory Committee Act 
shall apply to the Resource Advisory Councils established under this 
section.

SEC. 178. MEETINGS

    (a) In General.--All meetings of an advisory committee and 
associated field examinations shall be open to the public and news 
media.
    (b) Notice of Meetings.--
          (1) In general.--A notice of a meeting of an advisory 
        committee shall be published in the Federal Register and 
        distributed to the news media at least 30 days in advance of 
        the meeting.
          (2) Urgent matters.--If an urgent matter arises, a notice of 
        a meeting of an advisory committee shall be published in the 
        Federal Register or distributed to the news media at least 15 
        days in advance of the meeting.
          (3) Contents.--A notice of a meeting of an advisory committee 
        shall state the date, time, and place of the meeting and 
        describe the topics or issues to be discussed at the meeting.
    (c) Appearances.--Any person may appear before or file a statement 
with an advisory committee regarding matter on the meeting agenda.
    (d) Scheduling.--The scheduling of meetings of an advisory 
committee and the preparation of agenda shall be done in a manner that 
encourages and facilitates public attendance and participation.
    (e) Extension of Time.--The amount of time scheduled for a meeting 
of an advisory committee may be extended if an authorized officer 
considers it necessary to accommodate all who seek to be heard 
regarding matters on the agenda.
    (f) Authority To Schedule.--An advisory committee shall meet only 
at the call of the Secretary or of an authorized officer.
    (g) Attendance by Authorized Officer.--No meeting of an advisory 
committee shall be held in the absence of an authorized officer or 
designee of an authorized officer.
    (h) Agenda.--A meeting of an advisory committee shall be conducted 
with close adherence to the agenda approved in advance by an authorized 
officer.
    (i) Adjournment.--An authorized officer may adjourn a meeting of an 
advisory committee at any time if--
          (1) continuance would be inconsistent with the purpose for 
        which the meeting was called or with the rules established for 
        the conduct of the advisory committee; or
          (2) adjournment is determined to be in the public interest.
    (j) Records.--
          (1) In general.--Detailed records shall be kept of each 
        meeting of an advisory committee.
          (2) Requirements.--The records of a meeting of an advisory 
        committee shall include, at a minimum--
                  (A) the time and place of the meeting;
                  (B) copies of the Federal Register and other public 
                notices announcing the meeting;
                  (C) a list of members of the advisory committee and 
                of Federal employees (in the capacity of Federal 
                employee) present;
                  (D) a list of members of the public present, and a 
                description of the interest represented by each member;
                  (E) the meeting agenda;
                  (F) a complete summary description of matters 
                discussed and conclusions reached;
                  (G) a list of recommendations made by the advisory 
                committee;
                  (H) copies of all reports received, issued, or 
                approved by the advisory committee; and
                  (I) a description of the nature of public 
                participation.
          (3) Certification by chairperson.--The Chairperson of an 
        advisory committee shall certify the accuracy of the records of 
        the advisory committee.
          (4) Availability for inspection and copying.--All records, 
        reports, transcripts, minutes, recommendations, studies, 
        working papers, and other documents prepared by or submitted to 
        an advisory committee shall be available for public inspection 
        and copying in the Federal office responsible for support of 
        the advisory committee.
    (k) Subcommittees.--Each of the requirements of this section that 
applies to an advisory committee applies to any subcommittee of an 
advisory committee.

SEC. 179. 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 
boards established under section 176 and section 177 of the Livestock 
Grazing Act''.''
    (b) Repeal.--Section 403 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1753) is repealed.

                          Subtitle I--Reports

SEC. 181. REPORTS.

    (a) In General.--Not later than March 1, 1997, and annually 
thereafter, the Secretary 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 Secretary 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 others in the development 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 association 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. 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 units of the National Forest 
System.
    (e) Conforming Amendments 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.--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.
                         Purpose of the Measure

    S. 852, as reported by the Committee, would provide for the 
uniform management of livestock grazing on Federal land and 
establish a formula for determining the fee to be assessed for 
grazing livestock thereon. Provisions in title II of the bill 
would remove the National Grasslands from the National Forest 
System and require that they be administered by the Forest 
Service as a separate entity under the Bankhead-Jones Farm 
Tenant Act.

                          Background and Need

    Much of the grazing heritage of the Western United States 
is an outgrowth of the period when settlers migrated there to 
grow crops and raise animals on ``homesteads.'' Those settlers 
established a way of life that continues today. Their 
descendants still attempt to make a living from ranching and 
livestock grazing, but under different and difficult 
circumstances. Some of the challenges are the same as those of 
a century ago: adequate water supplies, disease, and predators. 
However, the government atmosphere regarding the availability 
of public land for livestock grazing and toward rangeland 
management has changed dramatically.
    In the early years, as livestock grazing became a part of 
the West and its economic base, ranchers grazed animals on 
their own land, and on neighboring land--federal land--as well. 
Congress did nothing to legislate against this practice and 
States encourage the full and free use of federal land for 
livestock grazing.
    In the late 1890's and early 1900's, however, the federal 
lands were divided through the creation of national forest 
reserves, and the Forest Service derived authority to manage 
grazing on national forest lands from its 1897 Organic Act. The 
unreserved federal lands, however, remained subject to free and 
uncontrolled grazing.
    Only when it became apparent during the Depression that the 
rangeland could not continue to support the large number of 
animals being grazed and that the livestock industry itself was 
in dire need of assistance, did Congress act. The Taylor 
Grazing Act, enacted in 1934, was significant in many respects. 
It was one of the first major conservation laws, and it 
accomplished several other important objectives.
    First, it ended free access to and use of the public range. 
Second, it established grazing districts on unappropriated and 
unreserved public lands and ended large-scale disposition of 
public lands. Third, it provided authority to classify lands 
according to their best use for the first time. And, finally, 
it recognized that the federal government has a responsibility 
to care for federal land and take into account the people who 
use it.
    Subsequently, the Grazing Service was created to implement 
the Taylor Grazing Act. It was merged with the General Land 
Office in 1946--97 years after the creation of the Department 
of the Interior--to form the Bureau of Land Management.
    Hence, for almost 50 years livestock grazing has been 
administered by two different land management agencies under 
two different statutory regimes.
    On March 25, 1994, the Department of the Interior published 
proposed regulations governing grazing on lands administered by 
the Bureau of Land Management (58 Fed. Reg. 14314). The 
proposed rules were the subject of an initial 120-day comment 
period that was scheduled to close on July 28, 1994. The 
commend period was extended to run through September 9, 1994. 
Numerous public meetings were held by the Department on the 
proposed regulations.
    The Committee on Energy and Natural Resources held a series 
of hearings on the proposed regulations in Washington, D.C. on 
April 20, 1994; in Albuquerque, New Mexico on May 14, 1994; in 
Twin Falls, Idaho on July 8, 1994; in Richfield, Utah on July 
11, 1994; and in Casper, Wyoming on July 15, 1994 (S. Hrg. 103-
655).
    Final grazing regulations were promulgated by the 
Department on February 22, 1995 (60 Fed. Reg. 9894). As a 
result of an informal agreement reached with several members of 
Congress, the regulations will not take effect until August 21, 
1995.
    Based on concerns about the sweeping nature of the new 
Interior Department grazing management regulations, several 
Western members of Congress began preparing legislation to 
assure that livestock grazing continues to be a part of the 
economic base of the West and the culture that has been handed 
down from generation to generation. There also are concerns 
about the scope of grazing regulations the Forest Service is 
developing. To address those concerns, the sponsors sought to 
develop legislation that would adopt portions of the BLM 
grazing regulations, as well as elements of the new rules.

                          Legislative History

    S. 852 was introduced on May 25, 1995, by Senators 
Domenici, Craig, Brown, Campbell, Hatch, Bennett, Burns, 
Simpson, Thomas, Kyl, Pressler, Kempthorne, Conrad, Dorgan, 
Dole and Gramm. Senator Baucus subsequently joined as a co-
sponsor of the measure.
    A companion bill, H.R. 1713, was introduced in the House 
the same day and a hearing was held on July 11, 1995 by the 
Subcommittee on National Parks, Forests and Public Lands of the 
House Resources Committee.
    A hearing was held on S. 852 on June 22, 1995, by the 
Subcommittee on Forests and Public Land Management.
    At the business meeting on July 19, 1995, the Committee on 
Energy and Natural Resources ordered the measure favorably 
reported, as amended.
            Committee Recommendations and Tabulation of Vote

    The Senate Committee on Energy and Natural Resources, in 
open business session on Wednesday, July 19, 1995, by a 
majority vote of a quorum present, recommends that the Senate 
pass S. 852 if amended as described herein.
    The rollcall vote on reporting the measure was 11 yeas and 
8 nays, as follows:
        YEAS                          NAYS
Mr. Murkowski                       Mr. Johnston*
Mr. Hatfield*                       Mr. Bumpers
Mr. Domenici                        Mr. Ford
Mr. Nickles                         Mr. Bradley
Mr. Craig                           Mr. Bingaman
Mr. Campbell                        Mr. Akaka
Mr. Thomas                          Mr. Wellstone
Mr. Kyl                             Mr. Dorgan
Mr. Grams*
Mr. Burns*
Mr. Heflin*

    *Indicates proxy vote

           Section-by-Section Analysis of Committee Amendment

    During the consideration of S. 852, the Committee adopted 
an amendment in the nature of a substitute. A summary follows:
    Section 1. Short Title; Table of Contents. The title was 
changed from ``Livestock Grazing Act'' to ``Public Rangelands 
Management Act of 1995.''
    Section 2. Effective Date. This section states that the Act 
and its amendments and repeals are effective on March 1, 1996, 
and that, until that date, management of livestock grazing 
shall be conducted pursuant to the law and regulations in 
effect on May 18, 1995.
    Section 101. Findings. Several new findings were added to 
the original text of S. 852, and two findings were amended to 
reflect that the bill, as amended, will address the management 
of livestock grazing on lands administered by the Bureaus of 
Land Management and the Forest Service.
    A new finding (4) was added to state that grazing 
preferences must continue to be adequately safeguarded in order 
to promote the economic stability of the Western livestock 
industry. A new finding (12) was added to state that the levels 
of livestock that were authorized to be permitted as of August 
1, 1993, are consistent with title I and may be increased or 
decreased, as appropriate, consistent with title I. A new 
finding (13) was added to indicate that it is a goal of the Act 
to maintain and improve the condition of riparian areas that 
are critical to wildlife habitat and water quality. And a new 
finding (14) was added to state that 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.
    The remaining findings are self-explanatory.
    Section 102. Application of Act. Provisions were added to 
this section of the bill to reflect that title I would apply to 
the management of grazing on lands administered by the 
Secretary of Agriculture under various statutes and laws, as 
well as to those lands managed by the Secretary of the 
Interior.
    New language was added to this section to clarify that 
nothing in the Act authorizes 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.
    Section 103. Objective. The statement of objectives is 
self-explanatory. Objective (4) was amended to require that 
performance of an inventory and categorization of public 
rangelands be done on the basis of proven scientific 
monitoring, and a new objective (6) was added to state that it 
is an objective of the Act to promote healthy, sustained 
rangeland.
    Section 104. Definitions. The definitions are self-
explanatory. The definitions of ``affected interest,'' ``animal 
unit month,'' ``rangeland study,'' and ``trend'' in the 
legislation as introduced were deleted from this section. The 
definition of ``animal unit month'' was moved to section 137 
(``Fees and Charges''). The bill, as reported, includes changes 
to the following definitions.
    The definition of ``base property'' was amended to clarify 
that ``land'' referred to private land. The definition of 
``consultation, cooperation, and coordination'' was amended to 
mean engagement in good faith efforts to reach consensus. The 
definition of ``Federal land'' was amended to clarify that it 
refers to lands administered by the Secretary of the Interior 
and the Secretary of Agriculture. The definition of ``grazing 
district'' was amended to clarify that a grazing district 
includes areas within which Federal land is administered under 
section 3 of the Taylor Grazing Act, including lands outside 
grazing districts but eligible for grazing pursuant to section 
15 of that Act, as well as to national forest lands 
administered by the Secretary of Agriculture. The definition of 
``land use plan'' was amended to clarify that it means a 
resource management or management framework plan developed in 
accordance with the Federal Land Management and Policy Act of 
1976 (FLPMA) or a land and resource management plan developed 
in accordance with section 6 of the Forest and Rangeland 
Resources Planning Act of 1974, as amended. The words ``as 
determined by monitoring'' were added to the end of the 
definition of ``livestock carrying capacity.'' The term 
``monitoring'' was modified by adding the words ``ecological 
changes and'' prior to ``management actions.'' The term 
``Secretary'' was amended to include the Secretary of 
Agriculture.
    The provisions in subsection (b) were deleted to conform 
with the revised definition of ``consultation, cooperation, and 
coordination.''
    Section 105. Fundamentals of Rangeland Health. This section 
is self-explanatory. The Committee amendment made the following 
changes. The word ``cooperation'' was substituted for the word 
``conjunction'' and the word ``State'' was inserted before the 
word ``agency'' in subsection (a). A new subsection (b) on non-
traditional management was added.
    Section 106. Land Use Plans. This section is self-
explanatory. The Committee amendment made the following 
changes. The provisions of section 121(d) were moved to section 
106 to create a new subsection (e). A new subsection (f) was 
added to state that nothing overrides the planning and public 
involvement processes of other federal laws pertaining to 
federal lands.
    Section 107. Rule of Construction. This section was deleted 
and incorporated in section 101(a)(12).
    Section 111. Mandatory Qualifications. This section is 
self-explanatory. The Committee notes that alternative grazing 
practices, including but not limited to conservation use and 
grass banking, would be permitted under S. 852, and that 
nothing in this title would prevent the Departments of the 
Interior and Agriculture from entering into agreements with 
permittees or lessees to implement these activities.
    Section 112. Acquired Land. This section is self-
explanatory.
    Section 113. Grazing Preference. The language in subsection 
(b)(1)(A) was amended to delete the word ``right.'' The 
provisions of this section are self-explanatory.
    Section 114. Changes in Grazing Preference Status. This 
section is self-explanatory. The Committee amendment made the 
following changes. Subsection 114(c)(3)(B) was amended to 
clarify that consultation, cooperation, and coordination should 
be with the permittees, lessees, and other qualified 
applicants. Subsection (d)(2) was amended to add the words 
``all uses'' after the word ``evaluating'' and the words 
``other uses or a change in grazing'' prior to the penultimate 
use of the word management. Subsection (e)(1) was amended to 
add the words ``cooperation, and coordination'' following the 
word ``consultation.'' Subsection (e)(2)(A) was amended to add 
the words ``with the permittee or lessee'' following the word 
``coordination.''
    Section 115. Changes in Federal Land Acreage. This section 
is self-explanatory.
    Section 121. Allotment Management Plans. The Committee 
amendment made the following changes. The text of subsection 
(a) was deleted and replaced with language substantially 
identical to that in FLPMA section 402(d) regarding the 
development of an allotment management plan. Provisions were 
added to this subsection to state that such plans should be 
developed in careful and considered consultation, cooperation, 
and coordination with the lessees, permittees, and landowners 
involved, the Resource Advisory Councils and Grazing Advisory 
Boards established pursuant to sections 176 and 177, and any 
State or States having lands within the area to be covered by 
such a plan. The language in subsection (e) was deleted and 
moved to section 106.
    The provisions of this section are self-explanatory.
    Section 122. Range Improvements. This section is self-
explanatory.
    Section 123. Monitoring. The Committee amendment made a 
change in this section. A new section 123 on Monitoring was 
added and sections 123 and 124 were renumbered accordingly. The 
new monitoring provisions require that monitoring be done by 
certain qualified individuals and that no monitoring be 
conducted without the permittee or lessee present.
    Section 124. Water Rights. This section clarifies that any 
water rights obtained on federal land for grazing activities 
may be acquired only pursuant to and in conformance with State 
law. The Committee amendment made the following changes to the 
legislation as introduced. The words ``on federal land'' were 
inserted in subsection (a) to clarify that the water rights of 
Indian tribes are unaffected by the bill. An additional change 
was made to clarify State law requirements.
    Section 125. Management of Grazing on Land Under the 
Jurisdiction of Other Departments and Agencies. The Committee 
amendment made one change to this section, which is self-
explanatory. A proviso was added to clarify that Title II 
governs the management of grazing on national grasslands.
    Section 131. Applications. Subsection (a) was amended to 
clarify that applications for grazing permits or leases on 
Forest System lands or national grasslands should be filed with 
the Forest Service.
    Section 132. Grazing Permits or Grazing Leases. This 
section is self-explanatory.
    Section 133. Free-Use Grazing Permits. This section is 
self-explanatory.
    Section 134. Other Grazing Authorizations. This section is 
self-explanatory.
    Section 135. Ownership and Identification of Stock. This 
section is self-explanatory.
    Section 136. Terms and Conditions. The Committee amendment 
made changes in this section. The provisions in subsection 
(a)(3) were deleted and inserted, as modified, in subsection 
141(c). A new subsection (a)(3) was added to state that a 
grazing lease or permit is subject to such other reasonable 
terms and conditions as may be required by this title.
    Subsection (b) was amended to state that no term or 
condition, other than those contained in subsection (a) or in 
an allotment management plan, would be imposed in a grazing 
permit or lease.
    Subsection (c) was amended to delete the words ``and other 
affected interests.''
    A new subsection (d) was added to set forth provisions 
relating to subleasing.
    Section 137. Fees and Charges. The Committee amendment made 
changes in this section. A definition of the term ``animal unit 
month'' (AUM) was moved from the definitions section and 
inserted in this section.
    The language of subsection (c) was amended to state that 
the basic fee for each AUM to be determined by the Bureau of 
Land Management and the Forest Service shall be equal to the 
three-year average of the total gross value of production of 
beef cattle, as compiled by the Economic Research Service (ERS) 
of the Department of Agriculture on the basis of economic data 
published by ERS in the publication ``Economic Indicators of 
the Farm Sector: Cost of Production--Major Field Crops & 
Livestock and Dairy.'' Subsection (c)(2) directs the ERS to 
continue to compile the gross production value of production of 
beef cattle as reported in a dollar per bred cow basis in the 
``U.S. Cow-Calf Production Cash Costs and Returns.''
    Subsection (c)(3) was deleted and new language regarding 
surcharges was substituted.
    Subsection (e) repeals section 6(a) of the Public 
Rangelands Improvement Act of 1978.
    Subsection (f) was amended by adding the word ``Western'' 
before ``Federal land'' in order to clarify that the fee 
provisions are intended to apply to Forest Service lands in the 
sixteen contiguous Western States specified in section 3(i) of 
the Public Rangelands Improvement Act of 1978 (43 U.S.C. 
1902(i)) and not to Eastern Forest Service lands.
    Section 138. Pledge of Grazing Permits or Grazing Leases as 
Security for Loans. This section is self-explanatory.
    Section 141. Civil Violations and Failures of Compliance. 
The Committee amendment made several changes in this section. 
Subsection (b) was amended to clarify that violations subject 
to sanctions under subsection (c) must be ``knowing and 
willful.'' The penalties provisions in subsection (c) were 
modified by adding amended new language from section 136 
stating that a grazing lease or permit can be cancelled, 
suspended, or modified for: any violation of this Act; or for 
any violation of a term or condition of the permit or lease; or 
for conviction for failure to comply with Federal laws or 
regulations relating to protection of air, water, soil and 
vegetation, fish and wildlife, and other environmental values 
when exercising the grazing use authorized by the permit or 
lease. The other provisions are self-explanatory.
    Section 151. Liability for Damages. This section is self-
explanatory.
    Section 152. Notice and Order to Remove. This section is 
self-explanatory.
    Section 153. Settlement. This section is self-explanatory.
    Section 154. Impoundment and Sale. This section is self-
explanatory.
    Section 161. Proposed Decisions. This section is self-
explanatory.
    Section 162. Protests. The Committee amendment deleted the 
words ``or other affected interest'' from this section.
    Section 163. Final Decisions. This section is self-
explanatory.
    Section 164. Appeals. The Committee amendment made several 
changes in this section, a summary of which follows. The 
provisions of subsection (a) were amended to provide that a 
hearing shall be conducted pursuant to 5 U.S.C. 554-559, and 
that any person desiring to appear as amicus curiae in any 
hearing shall make timely request stating the grounds for such 
request. Permission to appear, if granted, will be determined 
by the Director of the Department of the Interior's Office of 
Hearings and Appeals (OHA) or the appropriate officer at the 
Department of Agriculture. Additional language was added to 
state that when a grazing decision is appealed to an 
administrative law judge, the burden of proof shall be on the 
proponent of the rule or order. The standard of proof shall be 
by a preponderance of the evidence in the record as a whole.
    Subsection (c) was amended to state that, in the case of an 
appeal concerning grazing on lands administered by the 
Department of the Interior, the District Manager shall, within 
30 days, forward the appeal, and any pertinent information that 
would be useful in the rendering of a decision on such appeal, 
to OHA. OHA shall make an expedited determination whether the 
determination of the District Manager pursuant to subsection 
(b) of this section to have a decision on a grazing permit 
application take immediate effect is warranted.
    A new subsection (d) was added to state that Forest Service 
appeals shall be handled according to the regulations codified 
in 36 CFR 215, 217, or 251, whichever is applicable.
    Section 171. Purpose. The Committee amendment modified the 
provisions of this section regarding the advice provided by 
advisory committees to the Secretary of the Interior and the 
Secretary of Agriculture.
    Section 172. Objective. The objective stated in this 
section is self-explanatory.
    Section 173. Relation to Other Law. This section is self-
explanatory.
    Section 174. Policy. The Committee amendment made changes 
in this section. Subsection (a) was amended to require the 
Secretary to establish advisory committees to provide advice on 
the policies and programs set forth in this title.
    Section 175. General Provisions. The Committee amendment 
made two changes to this section. Subsection (a) was amended to 
clarify that the provisions in this section relating to 
administration of advisory committees do not apply to any 
advisory committees established outside of this Act.
    The disclosure of interest provisions in subsection 175(d) 
was amended to simplify and clarify the subsection.
    Section 176. Resource Advisory Councils. The Committee 
amendment made several changes in this section, summarized as 
follows. The section was amended by striking out much of the 
original text and inserting in lieu thereof new language 
relating to the establishment of Resource Advisory Councils, 
their duties and membership, subgroups, terms, per diem 
expenses, and other provisions. Other provisions in this 
section are self-explanatory.
    Section 177. Grazing Advisory Boards. The Committee 
amendment made several changes in this section, summarized as 
follows. The section was amended by striking out much of the 
original text of S. 852 and inserting in lieu thereof 
substitute language regarding the establishment of grazing 
advisory boards, their functions, and per diem expenses. 
Original text regarding function and disregard of advice was 
retained. Other provisions in this section are self-
explanatory.
    Section 178. Meetings. The provisions of this section are 
self-explanatory.
    Section 179. Conforming Amendment and Repeal. The Committee 
amendment conforms the Resource Advisory Council and Grazing 
Advisory Board provisions of the bill to FLPMA.
    Section 181. The Committee amendment deleted subsection 
(c). The other provisions in this section are self-explanatory.
    Title II. Grassland. The Committee amendment adopted a 
substitute to the original text of title II of S. 852 as 
introduced. A summary of the amended provisions follows.
    Section 201. Short Title. This section is self-explanatory.
    Section 202. Findings and Purpose. This section is self-
explanatory.
    Section 203. Definitions. Section 203 defines the terms 
``National Grasslands'' and ``Secretary of Agriculture.'' The 
National Grasslands include approximately 4 million acres, 
located in several western States, but primarily in North 
Dakota, South Dakota, Wyoming, and Colorado. These lands are 
managed for multiple uses, including cattle grazing, hunting, 
fishing, recreation, and extraction of natural resources. The 
National Grasslands currently are managed by the Forest Service 
as part of the National Forest System. The definition of 
National Grasslands makes clear that lands acquired under the 
authority of the Bankhead-Jones Act, but which are not 
currently administered as National Grasslands (for example, 
Theodore Roosevelt National Park), will not be affected by this 
title.
    Section 204. Removal of National Grasslands from National 
Forest System. Section 204 removes the grasslands from the 
National Forest System and directs the Chief of the Forest 
Service to administer them under the Bankhead-Jones Act as a 
separate entity. It is the Committee's view that this 
administrative change will improve grazing management and 
promote grassland agriculture and secure occupancy of farms and 
ranches while preserving a multiple use policy, including: 
hunting, fishing, and recreation; protection of wildlife and 
wildlife habitat; and ensuring environmental safeguards 
equivalent to those applicable to the National Forest System.
    Section 205. Subsection (a) states that the Secretary of 
Agriculture, acting through the Chief of the Forest Service, 
shall manage the National Grasslands as a separate entity in 
accordance with title II of the bill and the provisions and 
multiple use purposes of the Bankhead-Jones Farm Tenant Act.
    Subsection (b) recognizes and makes clear the importance of 
broad and timely participation by the public in the planting, 
management, and implementation of policies and programs for 
National Grasslands. The subsection directs the Secretary to 
work with interested parties, including conservation, sporting, 
and environmental groups in developing land use policies and 
plans, and land conservation programs for the National 
Grasslands.
    Subsection (c) recognizes the historic basis under which 
the National Grasslands were established and the continuing 
role of grazing associations in assisting the Secretary in the 
management of grazing activities and the issuance of grazing 
permits on these lands. The Committee intends that grazing 
associations should retain a prominent role in the day-to-day 
grazing management and permit administration.
    Subsection (d) states that 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. 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 units of the National 
Forest System.
    Subsection (e) amends section 31 of the Bankhead-Jones Farm 
Tenant Act to conform to the provisions of title II of the 
bill.
    Subsection (f) states that nothing in title II 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.
    Subsection (g) states that nothing in this title shall 
affect valid existing rights, reservations, agreements, or 
authorizations. The Committee intends that use and occupancy on 
National Grasslands remain in effect under current rules until 
new programs, plans and rules are implemented, and that 
processing activities for any such authorizations would not be 
interrupted or be repeated. The subsection also specifies that 
section 1323(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3210(a)) shall continue to apply to 
nonfederal land and interests therein within the boundaries of 
the National Grasslands upon their removal from the National 
Forest System.

                   Cost and Regulatory Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request that it be printed in the Congressional 
Record to advise the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
implementing S. 852. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    There are likely to be significant paperwork requirements 
for the Forest Service.

                        Executive Communications

    On June 29, 1995, Senator Murkowski requested the views of 
the Department of Agriculture and the Department of the 
Interior on certain proposed amendments to S. 852. The response 
of the Department of Agriculture follows. When the report of 
the Department of the Interior becomes available, the Chairman 
will request that it be printed in the Congressional Record for 
the advice of the Senate. At the hearing on June 22, 1995, the 
Acting Director of the Bureau of Land Management, Michael 
Dombeck, presented the views of the Administration with respect 
to S. 852, as introduced. A copy of that testimony follows:

                         Department of Agriculture,
                                   Office of the Secretary,
                                     Washington, DC, July 18, 1995.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Chairman Murkowski: This is in response to your June 
29, 1995, letter in which you requested the views of the 
Department of Agriculture concerning the June 29, 10 a.m. draft 
amendments to S. 852.
    The Department of Agriculture would strongly oppose 
enactment of S. 852 with these draft amendments.
    This legislation would severely limit our ability to make 
timely, sound resource management decisions and thus would 
result in undesirable resource impacts. Over the long term, 
undesirable resource impacts would be cumulative and livestock 
grazing use would ultimately prove to be unsustainable. The 
bill would codify special privileges for livestock grazing 
permittees and thus polarize the many diverse users of public 
rangelands.
    We believe that Title I, as amended to include the 
Secretary of Agriculture, is seriously flawed. Title I of S. 
852, as introduced, would apply only to livestock grazing 
activities on public domain lands administered by the Secretary 
of the Interior with the exception of Section 137. These 
livestock grazing activities are administered by the Secretary 
of the Interior in accordance with a number of Federal statues, 
among them the Taylor Grazing Act of 1934, 43 U.S.C. 315 et 
seq. Section 1 of the Taylor Grazing Act specifically states 
that it applies only to ``unreserved lands from any part of the 
public domain of the United States (except Alaska), which are 
not in national forests . . .''
    Livestock grazing activities on National Forest System 
lands are governed by several different statues including: the 
Bankhead-Jones Farm Tenant Act of 1937, 7 U.S.C. 1011; Organic 
Administration Act of 1897, 16 U.S.C. 551; Granger-Thye Act of 
1950, 16 U.S.C. 580g-h, 5801, National Forest Management Act of 
1976, 16 U.S.C. 1600 et seq., and the Multiple-Use Sustained-
Yield Act of 1960, 16 U.S.C. 528-531.
    Livestock grazing policies on lands administered by the 
Forest Service predate the Bureau of Land Management (BLM) by 
almost 30 years. Over the last 61 years, livestock grazing 
policies of the Forest Service and the BLM have been defined by 
different statutes which have, in turn, been interpreted by 
different courts.
    Because the underlying statues and body of case law for the 
Forest Service and BLM are so different, and because Forest 
Service multiple-use land management is so dependent upon these 
various statues, the approach of using Taylor Grazing Act 
language and concepts for the Forest Service is flawed and 
unworkable. As a result, Title I as amended in the draft will 
have unintended negative effects on National Forest permittees 
and the rangeland resource and would generate a substantial 
volume of litigation.
    The Department of Agriculture continues to oppose Title II, 
as amended in the draft. We do not concur that present concerns 
over the prominence, efficiency, and effectiveness of National 
Grasslands management would be resolved by removing these lands 
from the National Forest System or changing their legislated 
objectives.
    The following areas illustrate these major concerns with 
the draft legislation.

              Reduced stewardship and resource protection

    Examples: No terms and conditions for resource protection 
such as grazing systems, allowable use standards and other 
commonly used range management practices could be put in 
grazing permits. An allotment management plan would be part of 
a grazing permit, but not an enforceable term and condition.
    Grazing permits pledged for collateral would have to be 
automatically renewed regardless of resource conditions.
    These provisions would tie the hands of resource managers 
attempting to remedy unsatisfactory resource conditions and 
allow problems to persist.

                       Limited public involvement

    Interested public severely restricted from involvement in 
grazing activity planning at the project level.
    Grazing advisory councils consisting primarily of grazing 
permittees would set range improvement and program management 
objectives.
    Grazing standards and guidelines would be developed in 
``conjunction with'' state universities and departments of 
agriculture. Other public interests would not be included.

             Increased bureaucracy and process requirements

    The legislation would result in the creation of 175 
resource advisory councils and 156 grazing advisory councils 
that the Forest Service does not now have. The Forest Service 
would have to provide funds for the administrative costs of 
such councils.
    The legislation would eliminate site specific analysis 
required by NEPA at the project level. However, since NEPA and 
other environmental laws would still apply, site specific 
analysis would have to be undertaken at the forest plan level.
    Given the complexity and scope of resource issues and the 
geographic scope of forest plans, site specific compliance at 
this level would be virtually impossible to achieve. Large land 
areas would be subject to increased vulnerability to legal 
challenge on the questions of NEPA compliance and the adequacy 
of NFMA compliance for the forest plan amendments that would 
likely be required for making the grazing authorization 
decision.
    We note that none of the concerns raised by the Chief of 
the Forest Service in his testimony in the June 22 hearing 
before the Subcommittee on Forests and Public Land Management 
have been addressed by amendments in the June 29 draft. Those 
concerns included creating separate and duplicate processes, 
complicating compliance with other statutes such as the 
Endangered Species Act, and the unknown effects on permittees 
who are not members of grazing associations.
    Finally, the Office of Management and Budget is concerned 
that the grazing fee provisions of S. 852 may have unintended 
PAYGO implications as the legislation would alter the current 
method for calculating fees. As written, we are unable to 
determine the effect of the proposed fee formula due to unclear 
language and undefined terms.
            Sincerely,
                                           Dan Glickman, Secretary.
 Statement of Mike Dombeck, Acting Director, Bureau of Land Management

    I appreciate the opportunity to testify on S. 852, the 
Livestock Grazing Act.
    Over the past two-and-a-half years, the Bureau of Land 
Management (BLM) has worked with thousands of western citizens 
to develop collaborative approaches to public rangeland 
management.
    After all of our western town hall meetings, public input, 
and briefings, we are well-equipped to speak about S. 852.
    The bill would change many provisions of existing law and 
regulation and essentially replace the BLM's new cooperative 
relations and grazing administration rules. The Department 
would default on its responsibility to the thousands of Western 
citizens who helped to shape BLM's approach, if the Department 
did not represent their views.
    I speak to you today in opposition to S. 852--a bill that 
turns back the clock on rangeland management--and in defense of 
BLM's ``healthy rangelands'' strategy that resulted from our 
new approach and consensus building effort.
    As stated many times by the BLM, the public rangelands are 
beginning to regain their health. In many places, they are in 
better shape today than they were fifty years ago. This is due, 
in part, to a deeper understanding of range ecology and 
improved grazing practices implemented by ranchers and the 
agencies that manage these public lands. But we have only begun 
this effort that will eventually lead to better public 
resources for all Americans.
    We must do more to pass on sustainable resources to our 
children, because:
          Millions of acres of public land remain in poor 
        condition;
          Too many watersheds are not producing their full 
        range of benefits;
          Too many soils continue to lose fertility;
          Poisonous, exotic weeds are a ``biological 
        nightmare'' that reduce the land's ability to sustain 
        itself; and
          Too many streams and riparian areas are still 
        degraded.
    We must restore the ability of the public rangelands to 
produce
          more clean water,
          better quality fish and wildlife habitat, and
          more quality forage.
    The BLM's strategy to improve rangeland health is built on 
the collective wisdom of 60 years of applied science. It was 
shaped by two years of public discussion that resulted in 
20,000 letters proposing 38,000 recommendations. Our program 
will improve rangeland health through a balanced and practical 
approach that demonstrates how collaborative stewardship can 
meet the basic needs of both people and nature.
    We have prepared a detailed comparison and analysis of 
BLM's old livestock grazing regulations, our new regulations, 
and the provisions of the Livestock Grazing Act, S. 852 that I 
am submitting as part of our written testimony. Our analyses 
make clear our many strong objections to the bill. I am also 
including in the written record a piece entitled ``Just the 
Facts,'' to clarify several misunderstandings of our new 
regulations.
    Now, I will speak to two of the principal differences 
between the bill and BLM's healthy rangeland strategy.
    First, the grazing bill focuses public rangeland allocation 
and management on the single use of livestock grazing--de-
emphasizing other uses and values of the public lands such as 
mining, hunting, recreation and wildlife. Many are surprised to 
learn that over 65 million people visited public lands last 
year for recreation alone.
    In comparison, our strategy focuses on maintaining the 
health and productivity of all the resources and values of the 
public lands. Experience has proven that we cannot emphasize a 
single use of the public lands without compromising other uses 
and values.
    Where S. 852 concentrates exclusively on livestock 
production, our approach encourages collaborative management to 
sustain the land's overall productivity. I firmly believe that 
our approach is more responsive and will better serve all of 
those who use and value the public lands.
    Second, the bill would severely limit public involvement in 
the management of the public lands.
    Over the past 20 years, it has become clear that the most 
effective stewardship--for both natural resources and people--
occurs when the many public land interests work together for 
what President Theodore Roosevelt called ``common solutions to 
common problems for the common good.''
    We must move beyond public land users sitting at opposite 
ends of the table arguing over the use of shared resources--
waiting for court ordered ``solutions.'' If we regress to such 
management the public lands, and the people who depend on them 
most, suffer.
    S. 852 limits the ability of anyone who does not graze 
livestock to have a say in public land management and planning. 
To deny citizens a seat at the table--a voice in the process--
would be a major step backward. In contrast to the bill, our 
program to improve public rangeland management would assist all 
who value the public lands to work in a collaborative manner to 
define a common vision for their health.
    In order to bring together all of those who use and care 
for the public lands, we have met with Governors Marc Racicot, 
Roy Romer and all other western Governors, or their staffs, to 
select a model for creating diverse and balanced citizen 
advisory councils. BLM's approach is not one-size-fits-all. In 
fact, it is the opposite. We intend for local citizens to be in 
the lead. Our Resource Advisory Councils are tailored to best 
meet the needs of all those who use and appreciate public 
lands, be they families on outings, ranchers, anglers, or oil 
and gas developers.
    Over time, our approach will
          restore the productivity and diversity of 100,000 
        acres of riparian areas;
          bring 20 million acres of uplands into properly 
        functioning condition;
          benefit most plant, fish and animal species, 
        including livestock; and
          enhance recreational opportunities such as fishing, 
        hunting, hiking, tourism, and wildlife viewing.
    The health of our watersheds is what ultimately sustains 
livestock production in the West. BLM's program will improve 
watershed health and
          reduce erosion;
          increase the quality and quantity of forage;
          increase water quality and ground water recharge; and
          restore or enhance streamflows.
    We cannot meet the needs of the people if we do not 
maintain the health of the land. BLM's healthy rangelands 
approach moves resource decision-making from offices in 
Washington D.C. to rangelands of the West. In contrast, S. 852 
offers 93 pages of detailed instruction and top-down direction 
to local managers and public land users. With all due respect, 
we think that those who live closer to the resources have a 
better understanding of how to meet people's needs within the 
limits of sustainability.
    This bill is a departure from traditional multiple use 
management in that it appears to elevate one use over other 
uses of public lands. It changes the standards that courts 
apply and creates the potential for disruptive litigation for 
years to come.
    We cannot allow lawsuits, judicial injunctions, and one-
size-fits-all remedies to impede our stewardship 
responsibilities. Good stewardship must provide managers and 
local communities with the tools and flexibility to develop 
lasting solutions for all public land uses and values. BLM's 
approach provides this flexibility; S. 852 does not. For 
example, S. 852 eliminates a rancher's ability to apply for 
conservation use of public rangelands. It also prevents 
managers from placing decisions in immediate effect in order to 
avert resource degradation except in extraordinarily narrow 
circumstances.
    After 20 years as a resource professional, I assure you 
that
          if we limit the tools available to managers and 
        ranchers;
          if we narrow peoples' ability to participate in 
        public land management;
          if we emphasize a single use of the public lands at 
        the expense of other uses and values;
we will have failed as stewards of the public land. More 
importantly, we will have betrayed our children by diminishing 
their natural resource legacy.
    For these reasons, and for those set forth in the attached 
analysis, the Department of Interior and the Bureau of Land 
Management strongly oppose S. 852, the Livestock Grazing Act.
             MINORITY VIEWS OF SENATORS BUMPERS AND BRADLEY

    The Bureau of Land Management and the Forest Service 
currently charge $1.61 per AUM on public lands while private 
land holders impose a fee averaging $10.00 per AUM. Moreover, 
grazing fees on state lands range from $10.92 to $1.98 per AUM 
(excluding Arizona which sets its fees as a percentage of the 
Federal fee). As reported by the Committee, S. 852 would 
establish a new fee formula that would use a three year 
weighted average in calculating the fee based on the value of 
beef production. According to the testimony of the National 
Agricultural Statistics Service and the Economic Research 
Service of the Department of Agriculture (the two agencies that 
would administer the fee), ``there appears to be no link 
between the data required to be collected on the costs and 
returns from beef cattle grazing and the fee formula . . . 
[Furthermore,] there appears to be no rationale for the 
proposed fee formula.'' The fee formula in S. 852 would 
increase the fee to no more than $2.10 per AUM. In addition, if 
this formula had been in effect during the years 1975 to 1991, 
it would have resulted in $100 million less in fees paid to the 
Federal government.
    Supporters of S. 852 have repeatedly argued that grazing 
fees are lower on public lands because private land owners 
provide a furnished apartment while the Federal government only 
provides an unfurnished apartment. However, this argument 
ignores the fact that 50 percent of the grazing fees received 
by the Federal government are deposited into the Range 
Betterment Fund. The Federal government finances capital 
improvements on rangelands through Range Betterment 
appropriations in the amount of $10 million annually over the 
past several years. The Federal government has also provided 
other rangeland improvements through the Soil, Air, and Water 
funds and the Range Management funds. Therefore, the Federal 
government, similar to the private landowner, is providing some 
improvements to the grazing allotment.
    Supporters of S. 852 also argue that, in exchange for lower 
fees per AUM, permittees on Federal lands pay for some of the 
improvements on grazing allotments. However, adding a 
permittee's costs for range improvements to the grazing fee 
would not equal the private land lease rate. BLM grazing 
permittees contributed an average of 0.14 per AUM to range 
improvements in 1990, according to a report published jointly 
by the Secretaries of the Interior and Agriculture entitled 
``1992 Grazing Fee Review and Evaluation Update of the 1986 
Final Report.'' Adding 0.14 to $1.61 per AUM equals a fee of 
$1.75 per AUM while, as stated above, the private land owners 
impose an average fee of $10.00 per AUM.

    Attachment.
                                   Dale Bumpers.
                                   Bill Bradley.

             PRIVATE AND STATE LAND GRAZING FEES MEASURED AGAINST THE FEDERAL FEE CHARGED BY THE BLM            
----------------------------------------------------------------------------------------------------------------
                                          Private \1\            State \2\                   Federal            
                                    ----------------------------------------------------------------------------
                                        1993       1994       1993       1994       1993       1994       1995  
----------------------------------------------------------------------------------------------------------------
Arizona............................      $5.72      $5.72      $1.43      $1.53      $1.86      $1.98      $1.61
California.........................      10.40      11.00       1.86       1.98                                 
Colorado...........................       9.70      10.20       6.42       7.50                                 
Idaho..............................       9.25       9.70       4.99       4.53                                 
Kansas.............................      11.30      11.00                                                       
Montana............................      11.40      11.80       4.03       4.09                                 
Nebraska...........................      17.00      17.50                                                       
Nevada.............................       8.80       8.80      (\3\)      (\3\)                                 
New Mexico.........................       7.55       8.08       3.29       3.31                                 
North Dakota.......................      10.00       9.75       8.71       8.71                                 
Oklahoma...........................       7.10       6.20       8.00      (\4\)                                 
Oregon.............................       9.75       9.00       2.50       3.01                                 
South Dakota.......................      12.60      13.20       7.26       7.32                                 
Texas..............................       8.75       8.75                                                       
Utah...............................       8.90       9.00       2.21       2.33                                 
Washington.........................       7.80       8.30       6.34       7.15                                 
Wyoming............................      10.50      10.50       2.50       3.50                                 
----------------------------------------------------------------------------------------------------------------
\1\ 1993 Private nonirrigated grazing land lease rates dollars per animal unit month (National Agricultural     
  Statistics Service).                                                                                          
\2\ 1993 and 1994 State Land Board Grazing Fees (in dollars per animal unit month).                             
\3\ No fee.                                                                                                     
\4\ Not applicable.                                                                                             

             MINORITY VIEWS OF SENATORS BINGAMAN AND DORGAN

    During its consideration of S. 852, the Committee adopted 
an amendment in the nature of a substitute which incorporated 
several changes to the bill as introduced. One of those 
amendments changed the bill's short title from the ``Livestock 
Grazing Act'' to the ``Public Rangelands Management Act.'' This 
new title, which was copied from the substitute amendment that 
we offered as an alternative to S. 852, is representative of 
most of the changes: cosmetically appealing, but making little 
or no substantive difference. While some of the changes 
clarified and improved the bill, overall we believe that S. 852 
still tilts the balance too far away from the multiple use of 
public lands, and if enacted, will only ensure that this issue 
will have to be revisited again by the Congress in the near 
future.
    Two years ago, we supported the Senate filibuster which 
prevented the Department of the Interior's proposed grazing 
regulations and fee increase from being included in the FY 1994 
Interior and Related Agencies Appropriations bill, because we 
felt that some of the proposals did not take into account the 
potential harm to public land grazing permittees. However, we 
cannot support S. 852 because it now goes too far in the other 
direction.
    As reported by the Committee, S. 852 still goes too far in 
limiting public participation and involvement in the management 
and use of public lands with respect to grazing. The bill goes 
too far in restricting the authority of Federal land managers 
from responsibly managing grazing activities on public lands, 
and still shifts the balance in many use and management 
decisions in favor of grazing activities at the expense of 
other public land uses. While the bill goes into great detail 
about grazing use, it makes almost no reference to balancing 
such use with the need to provide for the long-term health of 
the public rangelands. Finally, the Committee-reported bill 
significantly broadens the scope of the legislation by 
including grazing activities on Forest Service lands, which 
will dramatically alter the management practices and grazing 
activities on those lands.
    In an effort to limit the ability of the current Secretary 
of the Interior to manage grazing activities, S. 852 basically 
codifies that portion of the Code of Federal Regulations 
covering grazing, with several changes made to accommodate 
grazing interests. However, since this will now be Federal law, 
the effect of the bill will last long beyond the tenure of the 
current Secretary. Setting out such an intense level of micro 
management is not good public policy. If the Congress disagrees 
with portions of the Administration's regulations, a much 
preferable approach is to enact general legislative authorities 
and directions, and where necessary, override those portions of 
the regulations where there is a policy disagreement.
    During the Committee's consideration of S. 852, we offered 
a substitute amendment that would have retained the long 
legislative history of grazing under the Taylor Grazing Act, 
the Public Rangelands Improvement Act, and the Federal Land 
Policy and Management Act. The amendment sets out general 
management guidelines, in some cases contrary to the 
Department's new regulations, while ensuring a reasonable 
balance between the needs of grazing permittees, the other 
multiple uses of public lands, and public participation. This 
approach would allow Congress to set general policy priorities 
while leaving the Secretary with the necessary flexibility to 
responsibly administer the multitude of day-to-day management 
decisions.
                                   Jeff Bingaman.
                                   Byron Dorgan.
                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 852, as ordered reported, as shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

    PUBLIC RANGELANDS IMPROVEMENT ACT OF 1978 (43 U.S.C. 1901-1908)

    Section 2. Congressional findings and declaration policy
    Section 2(a). The Congress finds and declares that--
          [(1) vast segments of the public rangelands are 
        producing less than their potential for livestock, 
        wildlife habitat, recreation, forage, and water and 
        soil conservation benefits, and for that reason are in 
        an unsatisfactory condition;]
          [(2) such rangelands will remain in unsatisfactory 
        condition and some areas may decline further under 
        present levels of, and funding for, management;]
          [(3) unsatisfactory conditions on public rangelands 
        present a high risk of soil loss, desertification, and 
        a resultant underproductivity for large acreages of the 
        public lands; contribute significantly to unacceptable 
        levels of siltation and salinity in major western 
        watersheds including the Colorado River; negatively 
        impact the quality and availability of scarce western 
        water supplies; threaten important and frequently 
        critical fish and wildlife habitat; prevent expansion 
        of the forage resource and resulting benefits to 
        livestock and wildlife production; increase surface 
        runoff and flood danger; reduce the value of such lands 
        for recreational and esthetic purposes; and may 
        ultimately lead to unpredictable and undesirable long-
        term local and regional climatic and economic changes;]
          [(4) the above-mentioned conditions can be addressed 
        and corrected by an intensive public rangelands 
        maintenance, management, and improvement program 
        involving significant increases in levels of rangeland 
        management and improvement funding for multiple-use 
        values;]
          [(5)] (1) to prevent economic disruption and harm to 
        the western livestock industry, it is in the public 
        interest to charge a fee for livestock grazing permits 
        and leases on the public lands which is based on a 
        formula reflecting annual changes in the costs of 
        production; and
          [6)] (2) the Act of December 15, 1971 (85 Stat. 649, 
        16 U.S.C. 1331 et seq.), continues to be successful in 
        its goal of protecting wild free-roaming horses and 
        burros from capture, branding [harrassment] harassment, 
        and death, but that certain amendments are necessary 
        thereto to avoid excessive costs in the administration 
        of this Act, and to facilitate the humane adoption or 
        disposal of excess wild free-roaming horses and burros 
        which because they exceed the carrying capacity of the 
        range, pose a threat to their own habitat, fish, 
        wildlife, recreation, water and soil conservation, 
        domestic livestock grazing, and other rangeland 
        values[;].
          * * * * * * *
    Section 6(a) [Repealed].
                              ----------                              


FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 (43 U.S.C. 1701 et seq.)

    Section 402. Grazing leases and permits
    Section 402(d). Allotment management plan requirements
    . . . If the Secretary concerned elects to develop 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 [district grazing advisory boards established 
pursuant to section 1753 of this title] Resource Advisory 
Councils and Grazing Advisory Boards established under section 
176 and section 177 of the Public Rangelands Management Act of 
1995 . . .
          * * * * * * *
    Section 403. [Repealed]
          * * * * * * *
                              ----------                              


  FOREST RANGELAND RENEWABLE RESOURCE PLANNING ACT OF 1974 (16 U.S.C. 
                                1609(a))

    Section 11. National Forest System
    Section 11(a) Congressional declaration of constituent 
elements and purposes; lands etc., included within; return of 
lands to public domain
    . . . [the national grasslands and land utilization 
projects administered under title III of the Bankhead-Jones 
Farm Tenant Act (7 U.S.C. 1010 et seq.)] . . .
          * * * * * * *
                              ----------                              


         BANKHEAD-JONES FARM TENANT ACT (7 U.S.C. 1010 et seq.)

    Section 31. To accomplish the purposes of title III of this 
Act, the [The] Secretary is authorized and directed to develop 
a separate program of land conservation and [land] 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.