,,ii #aahth ,,congress #b;d ,session ,s4 #dded ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjbd,mr4 ,barrasso 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for the establishment of an ,operational ,flexibility ,grazing ,management ,program on land managed by the ,bureau of ,land ,management1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,operational ,flexibility ,grazing ,management ,program ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,land ,management4 7#b7 ,federal land ,the term ,federal land means land managed by the ,bureau4 7#c7 ,operational flexibility ,the term operational flexibility1 with respect to grazing on ,federal land1 means changes made to grazing management of an allotment or allotment area that-- 7,a7 differ from-- 7i7 the terms and conditions of the applicable grazing permit or lease2 or 7ii7 the administration of grazing on the applicable allotment or allotment area during the preceding year2 or 7,b7 are based on emerging landscape conditions or producer needs4 7#d7 ,program ,the term program means the ,operational ,flexibility ,grazing ,management ,program authorized under section #c7;a74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,operational ,flexibility ,grazing ,management ,program 7a7 ,in general ,the ,secretary may carry out a grazing management program on ,federal land1 to be known as the ,operational ,flexibility ,grazing ,management ,program1 in accordance with applicable law 7including regulations7 and the memorandum entitled ,bureau of ,land ,management ,instruction ,memorandum #bjah-aji 7as in effect on ,september #cj1 #bjba71 to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the ,federal land4 7b7 ,flexible grazing use alternative for a grazing permit or lease 7#a7 ,in general ,at the request of an authorized grazing permittee or lessee1 for purposes of renewing a grazing permit or lease under the program1 pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,secretary shall develop and authorize at least #a alternative to provide operational flexibility in livestock grazing use to account for changing conditions4 7#b7 ,consultation ,the ,secretary shall develop alternatives under paragraph 7#a7 in consultation with-- 7,a7 the authorized grazing permittee or lessee2 7,b7 affected ,federal and ,state agencies2 7,c7 applicable ,indian ,tribes2 and 7,d7 other landowners1 permittees1 or lessees in the affected allotment4 7c7 ,implementation of interim operational flexibilities ,at the request of an authorized grazing permittee or lessee1 the ,secretary shall1 using new and existing data1 allow a variance to the terms and conditions of the existing applicable grazing permit or lease for a period not to exceed the remaining term of the grazing permit or lease to address significant changes in weather1 forage production1 effects of fire1 drought1 market conditions1 or other temporary conditions-- 7#a7 by adjusting the season of use1 the beginning date of the period of use1 the ending date of the period of use1 or both the beginning date and ending date1 the stocking level1 water placement and transportation1 and other necessary operational flexibilities1 as applicable1 under the grazing permit or lease1 subject to the requirements that-- 7,a7 unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section #dabj4b7;a77#c7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation71 the applicable adjusted date of the season of use occurs-- 7i7 not earlier than #ad days before the beginning date specified in the applicable grazing permit or lease2 and 7ii7 not later than #ad days after the ending date specified in the applicable grazing permit or lease2 and 7,b7 the authorized grazing permittee or lessee provides notice of the adjustment to the ,bureau not later than #b business days before the date of adjustment2 and 7#b7 by authorizing the immediate implementation and adoption of operational flexibilities in cases in which operational flexibilities are necessary to achieve ecological health1 avoid immediate ecological degradation of the allotment or allotment area1 or respond to an emerging management need4 7d7 ,monitoring plans ,to monitor and evaluate outcomes from the use of operational flexibilities under the program1 the ,secretary1 in coordination with grazing permittees and lessees1 shall use-- 7#a7 cooperative rangeland monitoring plans that comply with any applicable monitoring requirements under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 and any applicable ,federal grazing regulations2 and 7#b7 rangeland health objectives4 7e7 ,reporting requirements2 review 7#a7 ,reporting requirements 7,a7 ,annual reports 7i7 ,in general ,annually1 program staff shall submit to the ,secretary a report on the program4 7ii7 ,failure to submit ,the failure of program staff to submit an annual report required under clause 7i7 shall not affect the ability of authorized grazing permittees or lessees to participate in the program4 7,b7 ,reports to ,congress ,not later than #c years after the date of enactment of this ,act and every #c years thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report that describes the use of operational flexibilities under the program and any associated information relating to ecological outcomes and land health standards under the program4 7#b7 ,review 7,a7 ,in general ,subject to subparagraph 7,b71 not earlier than the date that is #h years after the date of enactment of this ,act1 the ,secretary shall conduct a review of the use of operational flexibilities under the program1 including a review of ecological outcomes and other relevant outcomes under the program4 7,b7 ,no effect on grazing authorizations or use ,the review of the program under subparagraph 7,a7 shall not affect the existence1 renewal1 or termination of a grazing permit or lease entered into under the program4 7f7 ,no effect on grazing preference or activities ,nothing in this ,act-- 7#a7 affects grazing preferences or authorizations provided under the ,act of ,june #bh1 #aicd 7commonly known as the ,taylor ,grazing ,act2 #dc ,u4,s4,c4 #cae et seq471 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 or any other applicable ,federal law2 7#b7 requires grazing permittees or lessees to pursue operational flexibilities during the renewal1 extension1 or authorization of a new grazing permit or lease2 7#c7 requires the ,secretary to consider modifying or terminating any grazing activity1 authorization1 or use2 or 7#d7 precludes the ,secretary from modifying or terminating an existing grazing permit or lease in accordance with applicable law 7including regulations74 7g7 ,no termination of grazing permit or lease for use of operational flexibilities ,the ,secretary may not terminate or fail to renew an applicable grazing permit or lease for a violation of the applicable grazing permit or lease that is due to the use of an operational flexibility under the program4