S. 258 — Reported in Senate

II Calendar No. 392 113th CONGRESS 2d Session S. 258 [Report No. 113–166] IN THE SENATE OF THE UNITED STATES February 7, 2013Mr. Barrasso (for himself, Mr. Enzi, Mr. Crapo, Mr. Hatch, Mr. Heller, Mr. Lee, Mr. Risch, Mr. Hoeven, and Mr. Flake) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources May 22, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes. 1. Short title This Act may be cited as the Grazing Improvement Act . 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended— (1) by striking ten years each place it appears and inserting 20 years; and (2) in subsection (b)— (A) by striking or at the end of each of paragraphs (1) and (2); (B) in paragraph (3), by striking the period at the end and inserting ; or; and (C) by adding at the end the following: (4) the initial environmental analysis under National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regarding a grazing allotment, permit, or lease has not been completed. . 3. Renewal, transfer, and reissuance of grazing permits and leases Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following: 405. Renewal, transfer, and reissuance of grazing permits and leases (a) Definitions In this section: (1) Current grazing management The term current grazing management means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of the Interior resource management plan or Department of Agriculture land use plan. (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. (b) Renewal, transfer, reissuance, and pending processing A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate— (1) section 402; (2) section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580l); (3) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (4) section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–50). (c) Terms; conditions The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. (d) Cancellation; suspension; modification Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. (e) Renewal transfer reissuance after processing When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned shall renew or reissue the permit or lease for a term of 20 years after completion of processing. (f) Compliance with National Environmental Policy Act of 1969 The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if— (1) the decision to renew, reissue, or transfer continues the current grazing management of the allotment; (2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or (3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. (g) Priority and timing for completing environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. (h) NEPA exemptions The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following: (1) Crossing and trailing authorizations of domestic livestock. (2) Transfer of grazing preference. . 1. Short title This Act may be cited as the Grazing Improvement Act. 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended— (1) in subsection (a)— (A) by striking Except as and inserting the following: (1) In general Except as ; and (B) in paragraph (1) (as designated by subparagraph (A)), by striking ten years subject and inserting the following: “ 10 years, up to a maximum term of 20 years, if the Secretary concerned— (i) has assessed and evaluated the grazing allotment associated with the permit or lease; and (ii) based on the assessment and evaluation under clause (i), has determined that the grazing allotment is— (I) with respect to public land administered by the Secretary of the Interior, meeting land health standards; or (II) with respect to National Forest System land administered by the Secretary of Agriculture, meeting objectives in the applicable land and resource management plan. (2) Cancellation, suspension, and modification The permit or lease shall be subject ; (2) in subsection (c)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (B) by striking So long as and inserting the following: (1) Renewal of expiring or transferred permit or lease During any period in which ; and (C) by adding at the end the following: (2) Continuation of terms under new permit or lease The terms and conditions in a grazing permit or lease that has expired, or was terminated due to a grazing preference transfer, shall be continued under a new permit or lease until the date on which the Secretary concerned completes any environmental analysis and documentation for the permit or lease required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (3) Completion of processing As of the date on which the Secretary concerned completes the processing of a grazing permit or lease in accordance with paragraph (2), the permit or lease may be canceled, suspended, or modified, in whole or in part. (4) Environmental reviews The Secretary concerned shall seek to conduct environmental reviews on an allotment or multiple allotment basis, to the extent practicable, if the allotments share similar ecological conditions, for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. ; (3) by redesignating subsection (h) as subsection (j); and (4) by inserting after subsection (g) the following: (h) National environmental policy act of 1969 (1) In general The issuance of a grazing permit or lease by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if— (A) the issued permit or lease continues the current grazing management of the allotment; and (B) the Secretary concerned— (i) has assessed and evaluated the grazing allotment associated with the lease or permit; and (ii) based on the assessment and evaluation under clause (i), has determined that the allotment— (I) with respect to public land administered by the Secretary of the Interior— (aa) is meeting land health standards; or (bb) is not meeting land health standards due to factors other than existing livestock grazing; or (II) with respect to National Forest System land administered by the Secretary of Agriculture— (aa) is meeting objectives in the applicable land and resource management plan; or (bb) is not meeting the objectives in the applicable land resource management plan due to factors other than existing livestock grazing. (2) Trailing and crossing The trailing and crossing of livestock across public land and National Forest System land and the implementation of trailing and crossing practices by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (i) Priority and timing for completion of environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis with respect to a grazing allotment, permit, or lease based on— (1) the environmental significance of the grazing allotment, permit, or lease; and (2) the available funding for the environmental analysis. . 3. Voluntary relinquishment of grazing permits or leases Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following: 405. Voluntarily relinquishment pilot program — (a) In general There is established in the Department of the Interior and the Department of Agriculture a pilot program that— (1) authorizes the voluntary relinquishment of grazing permits or leases in the eligible States specified in subsection (f); and (2) provides that grazing permits or leases voluntarily relinquished under this section shall be permanently retired from further grazing authorization. (b) Acceptance by secretary and secretary of agriculture (1) In general Subject to paragraph (2), within the eligible States specified in subsection (f)— (A) the Secretary shall accept the voluntary relinquishment of any valid permits or leases authorizing grazing on public land; and (B) the Secretary of Agriculture shall accept the voluntary relinquishment of any valid permits or leases authorizing grazing on land in the National Forest System. (2) Limitation Notwithstanding paragraph (1), the Secretary and the Secretary of Agriculture shall not accept the voluntarily relinquishment of more than 25 grazing permits or leases per year in each of the eligible States specified in subsection (f). (c) Termination With respect to each permit or lease voluntarily relinquished under subsection (a), the Secretary concerned shall— (1) terminate the grazing permit or lease; and (2) except as provided in subsection (d), ensure a permanent end to grazing on the land covered by the permit or lease. (d) Common allotments (1) In general If the land covered by a grazing permit or lease that has been voluntarily relinquished under subsection (a) is also covered by another valid existing grazing permit or lease that is not voluntarily relinquished under subsection (a), the Secretary concerned shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the relinquishment of the grazing permit or lease. (2) Authorized level To ensure that there is a permanent reduction in the level of grazing on the land covered by a grazing permit or lease that has been voluntarily relinquished under subsection (a), the Secretary shall not allow grazing use to exceed the authorized level established under paragraph (1). (3) Partial relinquishment (A) In general If a person holding a valid grazing permit or lease voluntarily relinquishes less than the full level of grazing use authorized under the permit or lease, the Secretary concerned shall— (i) reduce the authorized grazing level to reflect the voluntarily relinquishment; and (ii) modify the grazing permit or lease to reflect the revised level of use. (B) Authorized level To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease which has been voluntarily relinquished under subparagraph (A), the Secretary shall not allow grazing use to exceed the authorized level established under that subparagraph. (e) Annual report (1) In general The Secretary, in collaboration with the Secretary of Agriculture, shall prepare an annual report on the pilot program that assesses the activities undertaken under the pilot program during the preceding year, including the number and location of grazing permits and leases that were voluntarily relinquished during the preceding year. (2) Submission to congress The Secretary shall submit the annual report prepared under paragraph (1) to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (f) Eligible states The authority of the Secretary and the Secretary of Agriculture to accept voluntary relinquishments in accordance with this section shall be limited to grazing allotments in the States of New Mexico and Oregon. . May 22, 2014Reported with an amendment