,,ii #aagth ,,congress #ast ,session ,s4 #abfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ba1 #bjba ,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,land ,policy and ,management ,act of #aigf to improve the management of grazing permits and leases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,resiliency for ,ranching and ,natural ,conservation ,health ,act4 #b4 ,temporary use of vacant grazing allotments for holders of grazing permits or leases during extreme natural events and disasters ,title ,,iv of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agea et seq47 is amended by adding at the end the following3 #dje4 ,vacant grazing allotments made available to holders of grazing permits or leases during extreme natural events and disasters 7a7 ,definition of secretary concerned ,in this section1 the term ,secretary concerned means-- 7#a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7#b7 the ,secretary1 with respect to public lands4 7b7 ,allotments 7#a7 ,in general ,to the maximum extent practicable1 the ,secretary concerned shall make available to the holder of a grazing permit or lease issued by either ,secretary concerned the temporary use of a vacant grazing allotment if #a or more grazing allotments covered by the grazing permit or lease of the holder of the grazing permit or lease are temporarily unusable1 as determined by the ,secretary concerned1 because of resource conditions from unforeseen natural events or disasters 7including an extreme weather event1 drought1 wildfire1 infestation1 or blight74 7#b7 ,terms and conditions ,in establishing the terms and conditions in a permit or lease for the temporary use of a vacant grazing allotment made available pursuant to this subsection1 the ,secretary concerned-- 7,a7 shall take into consideration the terms and conditions of the most recent permit or lease that was applicable to the vacant grazing allotment2 7,b7 if there are no terms or conditions available for consideration under subparagraph 7,a71 may assign temporary terms or conditions1 after considering ecological conditions of1 or terms on1 adjacent grazing allotments2 7,c7 shall base the terms and conditions on local ecological conditions1 as determined by the applicable official2 7,d7 shall take into consideration other factors1 including any prior agency agreement that resolved or sought to resolve a management conflict1 including a conflict related to ,state management of wildlife2 and 7,e7 may authorize the placement and use of temporary portable corrals and water troughs on the vacant grazing allotment to accommodate the temporary use4 7#c7 ,coordination ,to the maximum extent practicable1 the ,secretaries concerned shall coordinate to make available to holders of grazing permits or leases the use of vacant grazing allotments1 regardless of agency jurisdiction over vacant grazing allotments1 pursuant to paragraphs 7#a7 and 7#b74 7#d7 ,additional considerations2 effect 7,a7 ,additional considerations ,for purposes of determining whether to make available the temporary use of a vacant grazing allotment under paragraph 7#a71 the ,secretary concerned shall consider whether there is a court-issued injunction in effect as of the date of the determination that constrains or otherwise limits the use of an allotment for which the permit or lease has been issued4 7,b7 ,effect ,the temporary use of a vacant grazing allotment under this subsection shall not-- 7i7 preclude or otherwise alter other ongoing or future actions or assessments evaluating the potential of the vacant grazing allotment to be used or otherwise assigned2 or 7ii7 alter-- 7,i7 the terms and conditions of the original grazing permit or lease of the holder of the grazing permit or lease2 7,,ii7 the preference or ability of the holder of the grazing permit or lease to return to the original allotment once access to1 or the use of1 the original allotment is restored2 or 7,,iii7 the animal unit months in future authorizations1 or conditions of a permit1 of the holder of the grazing permit or lease4 7c7 ,duration ,the ,secretary concerned shall determine the duration of the temporary use of a vacant grazing allotment made available pursuant to subsection 7b71 after considering the period of time necessary for the original allotment of the holder of the grazing permit or lease to return to use1 not to exceed #c consecutive grazing seasons4 7d7 ,guidelines 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary concerned shall establish guidelines to expeditiously1 efficiently1 and effectively carry out activities authorized under this section4 7#b7 ,considerations ,in establishing the guidelines under paragraph 7#a71 the ,secretary concerned may consider-- 7,a7 eligibility criteria for the holders of grazing permits or leases2 7,b7 prioritizing holders of grazing permits or leases in close proximity to a vacant grazing allotment2 7,c7 any class or change in class of livestock on the temporary use of a vacant grazing allotment1 with consideration given to local ecological conditions1 disease1 wildlife conflicts1 and other factors based on localized conditions2 7,d7 processes for coordinating with allotments adjoining or within the vicinity of a vacant grazing allotment2 and 7,e7 any other processes intended to expedite procedures for making vacant grazing allotments available during emergent circumstances4 4 #c4 ,public rangeland resiliency funds 7a7 ,investment of amounts in the ,land and ,water ,conservation ,fund ,section #bjjcjb of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,investment of amounts 7#a7 ,in general ,on request of the ,secretary1 the ,secretary of the ,treasury may invest any portion of the ,fund 7including amounts in the ,fund that are appropriated but not disbursed7 that is not1 as determined by the ,secretary1 required to meet the current needs of the ,fund1 but not to exceed such amounts as are necessary to generate #ae1jjj1jjj in investment income per year under paragraph 7#b74 7#b7 ,requirement ,an investment of amounts made available under paragraph 7#a7 shall be made by the ,secretary of the ,treasury in a public debt security-- 7,a7 with a maturity suitable for the authorized uses described in subsection 7c77#b7 of section #dja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agea72 and 7,b7 bearing interest at a rate determined by the ,secretary of the ,treasury1 taking into consideration current market yields on outstanding marketable obligations of the ,united ,states of comparable maturity4 7#c7 ,range betterment account ,the income on investments of the ,fund under this subsection shall be credited to1 and used for purposes of an account established in the ,treasury1 to be known as the range betterment account1 to be used in accordance with subsection 7c7 of section #dja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agea74 4 7b7 ,range betterment account ,section #dja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agea7 is amended by adding at the end the following3 7c7 ,range betterment account 7#a7 ,definition of secretary concerned ,in this section1 the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary1 with respect to public lands4 7#b7 ,use of funds ,of the amounts available in the account established under section #bjjcjb7;c77#c7 of title #ed1 ,united ,states ,code 7referred to in this subsection as the account7-- 7,a7 #aj1jjj1jjj shall be made available for each fiscal year to carry out rangeland improvement projects under subsection 7b77#a71 including for all forms of rangeland betterment1 management1 and improvement activities1 including seeding and reseeding1 fence construction1 the use of a temporary structure 7such as a corral71 an invasive plant or weed control measure or treatment1 water development1 and any other activity that advances healthy rangeland improvement1 habitat1 and resiliency2 and 7,b7 #e1jjj1jjj shall be available for each fiscal year to enhance1 expand1 or improve access opportunities producing co-benefits for hunting and recreation activities on public lands or ,national ,forest ,system land under the jurisdiction of the ,secretary concerned through public access agreements 7including cooperative agreements or special use agreements7 that improve or provide for permanent1 temporary1 or seasonal access to private land through which individuals would need to traverse to access the public lands or ,national ,forest ,system land1 subject to paragraph 7#e77;,b74 7#c7 ,additional funds ,amounts made available from the account for rangeland improvement projects under paragraph 7#b71 shall be-- 7,a7 available1 without further appropriation2 and 7,b7 in addition to amounts received from fees or other appropriations for those projects or public access agreements4 7#d7 ,availability ,to provide sufficient flexibility for multiyear contracts1 procurement1 and agreements1 amounts made available under subsection 7b77#a7 and paragraph 7#b7 shall remain available for expenditure1 without fiscal year limitation1 until expended4 7#e7 ,coordination2 agreements 7,a7 ,rangeland improvement projects 7i7 ,coordination ,in carrying out rangeland improvement projects using amounts made available under subsection 7b77#a7 and paragraph 7#b77;,a71 the ,secretary concerned shall coordinate with holders of grazing permits or leases to ensure collaborative and coordinated efforts4 7ii7 ,cooperative agreements ,the ,secretary concerned may enter into a cooperative agreement with the holder of a grazing permit or lease to carry out rangeland improvement projects using amounts made available under subsection 7b77#a7 and paragraph 7#b77;,a7 that would benefit land1 regardless of ownership1 within the grazing allotment associated with the applicable grazing permit or lease4 7,b7 ,public access agreements 7i7 ,requirements1 prohibitions1 and authorizations ,a public access agreement entered into under paragraph 7#b77;,b7-- 7,i7 shall-- 7aa7 be negotiated by the ,secretary concerned with willing landowners2 7bb7 establish the terms of the public access or any enhancement project carried out under the public access agreement1 including the duration of the public access agreement2 and 7cc7 be entered into voluntarily by a willing landowner2 7,,ii7 shall not convey to the public any right to hunt or otherwise carry out recreational activities on the private land subject to the public access agreement2 and 7,,iii7 may-- 7aa7 be entered into without reimbursement to the willing landowner1 if the willing landowner volunteers to not receive reimbursement2 or 7bb7 provide for reimbursement by the ,secretary concerned1 as applicable1 to the willing landowner1 with the amount of the reimbursement to be determined by the ,secretary concerned-- 7,,aa7 using the principles of roughly equivalent value or another cost or valuation method2 and 7,,bb7 which may not require a formal appraisal1 if the ,secretary concerned determines that an appraisal is unnecessary because the valuation is uncomplicated and the anticipated value is estimated to be #aj1jjj or less1 based on a review of available data4 7ii7 ,priority ,in entering into public access agreements under paragraph 7#b77;,b71 the ,secretary concerned may give priority to a public access agreement that provides public access to public lands or ,national ,forest ,system land under the jurisdiction of the ,secretary concerned of at least #fdj acres with respect to which there is restricted or no public access4 7iii7 ,no ,federal interest ,in entering into a public access agreement under paragraph 7#b77;,b71 the ,secretary concerned shall not acquire a ,federal interest in private land and1 as a result1 shall not be subject to ,federal acquisition regulations4 7iv7 ,effect ,if a landowner elects not to enter into a public access agreement under paragraph 7#b77;,b71 the election shall not affect a grazing permit or lease held by the landowner4 4 #d4 ,renewal term of grazing permits or leases ,section #djb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #ageb7 is amended-- 7#a7 in subsection 7a71 by striking ten years and inserting not more than #bj years2 and 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking shorter than ten years and inserting of less than #bj years2 7,b7 in paragraph 7#a71 by striking or at the end2 7,c7 in paragraph 7#b7-- 7i7 by striking ten years and inserting #bj years2 and 7ii7 by striking or at the end2 7,d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,e7 by inserting after paragraph 7#b7 the following3 7#c7 the initial environmental analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a grazing allotment1 permit1 or lease has not been completed2 or 2 and 7,f7 in paragraph 7#d7 7as so redesignated7-- 7i7 in the first proviso1 by striking shorter than ten years and inserting of less than #bj years2 and 7ii7 in the second proviso-- 7,i7 by striking shorter than ten years and inserting of less than #bj years2 and 7,,ii7 by striking items 7#a7 through 7#c7 of this subsection and inserting paragraphs 7#a7 through 7#d74 #e4 ,,nepa review in renewal of grazing permits and leases and certain actions during extreme natural events and disasters ,section #djb7;h7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #ageb7;h77 is amended by adding at the end the following3 7#c7 ,renewal ,the ,secretary or the ,secretary of ,agriculture1 as applicable1 shall be subject to a rebuttable presumption that use of a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 would apply with respect to the renewal of a grazing permit or lease under this section1 if-- 7,a7 the renewal of the grazing permit or lease is consistent1 or substantially consistent1 with the use authorized in the permit or lease being renewed2 7,b7 the renewal of the grazing permit or lease is the same as1 or has a minor adjustment in1 as determined by the ,secretary or the ,secretary of ,agriculture1 as applicable1 the season of use authorized in the permit or lease being renewed2 or 7,c7 the applicable permittee or lessee is in compliance with the terms1 conditions1 and applicable regulations of the permit or lease being renewed4 7#d7 ,authorized use during emergencies and natural events and disasters ,the ,secretary or the ,secretary of ,agriculture1 as applicable1 shall be subject to a rebuttable presumption that use of a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 would apply to the temporary use of a vacant grazing allotments or other minor adjustment in terms and conditions of a permit or lease necessary to respond and adapt to resource conditions1 if-- 7,a7 there is an unforeseen1 uncontrollable natural event or disaster 7including extreme weather conditions1 drought1 and infestation71 that impedes the use by the permittee or lessee of the grazing allotment under established terms and conditions2 7,b7 the use of the vacant grazing allotment or the adjustment in the authorized use would be limited to #b grazing seasons2 7,c7 a temporary adjustment in the existing season of use to immediately respond to localized resource conditions does not fluctuate more than #ad days prior to1 or immediately following1 the existing season of use date2 7,d7 the permittee or lessee is in compliance with-- 7i7 all other terms and conditions of the applicable permit or lease2 and 7ii7 any applicable regulations2 7,e7 the vacant grazing allotment considered for temporary use pursuant to section #dje has been assessed or evaluated2 and 7,f7 the use of the vacant grazing allotment or adjustment in the authorized use does not alter the original grazing allotment of the permittee or lessee4 4