,,ii ,calendar ,no4 #fbg #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 ,november #ba1 #bjbd,reported by ,mr4 ,manchin1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,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 #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 a change made to grazing management of an allotment that-- 7,a7 modifies a grazing permit or lease to allow a variance from the terms and conditions of the applicable grazing permit or lease to exercise flexibility by making adjustments to livestock grazing use2 or 7,b7 is based on emerging landscape conditions resulting from changes in weather1 forage production1 effects of wildfire or drought1 or other temporary circumstances that impact resource conditions4 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 #bjba7 7or a substantially similar successor memorandum71 for the sole purpose of providing to authorized grazing permittees and lessees1 on request of the applicable authorized grazing permittees and lessees1 increased operational flexibility to adapt to and improve the long-term ecological health of the ,federal land1 in accordance with this section4 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 of the applicable authorized grazing permittee or lessee 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 analyze at least #a alternative to provide operational flexibility in livestock grazing use to account for changing conditions4 7#b7 ,new or renewed permit terms and conditions 7,a7 ,preferred alternative ,if the ,secretary determines that an alternative developed and analyzed under paragraph 7#a7 is the preferred alternative1 the ,secretary shall-- 7i7 incorporate the preferred alternative1 including the applicable monitoring plan1 into the terms and conditions of the applicable grazing permit or lease2 and 7ii7 specify how monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program4 7,b7 ,adjustments ,before implementing any measure for the purposes of operational flexibilities with respect to which a grazing use authorized under the terms and conditions of a permit or lease with respect to which a preferred alternative has been incorporated under subparagraph 7,a77i71 the authorized grazing permittee or lessee shall notify the ,secretary in writing of the proposed adjustment4 7,c7 ,applicable law ,the implementation of a preferred alternative incorporated under subparagraph 7,a77i7 in a component of the ,national ,landscape ,conservation ,system shall be in accordance with the laws 7including regulations7 applicable to the component of the ,national ,landscape ,conservation ,system4 7c7 ,interim operational flexibility 7#a7 ,in general ,at the request of an authorized grazing permittee or lessee1 the ,secretary1 using new and existing data1 may allow a temporary variance to the terms and conditions of a grazing permit or lease to address significant changes in weather1 forage production1 the effects of fire or drought1 or other temporary circumstances that impact resource conditions1 to facilitate the long-term ecological health of the ,federal land4 7#b7 ,variances ,in approving a request for interim operational flexibility1 the ,secretary may authorize a temporary variance to the terms and conditions of the applicable grazing permit or lease to adjust the beginning date1 the ending date1 both the beginning date and ending date1 or water transportation1 as applicable1 as specified in the applicable grazing permit or lease1 subject to-- 7,a7 the requirement that1 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-- 7i7 occurs-- 7,i7 not earlier than #ba days before the beginning date specified in the applicable grazing permit or lease2 or 7,,ii7 not later than #ba days after the ending date specified in the applicable grazing permit or lease2 and 7ii7 would not result in forage removal that exceeds the amount of active use specified in the applicable grazing permit or lease2 7,b7 the requirement that the authorized grazing permittee or lessee provides notice of the adjustment to the ,bureau not later than #g business days before the date of adjustment2 and 7,c7 any other terms and conditions the ,secretary determines to be appropriate4 7#c7 ,monitoring plans for interim operational flexibilities 7,a7 ,in general ,in accordance with applicable law 7including regulations7 and applicable permit or lease terms and conditions1 an authorized grazing permittee or lessee using interim operational flexibilities under this subsection shall develop and use a monitoring plan determined to be acceptable to the ,secretary as a reasonable way to track the effects of the interim operational flexibilities under the program on the long-term ecological health of the allotment on which the interim operational flexibilities are used4 7,b7 ,use of data2 third-party data ,a monitoring plan developed under subparagraph 7,a7 shall include provisions-- 7i7 allowing the use by the authorized grazing permittee or lessee of any data generated under the terms and conditions of the applicable permit or lease2 and 7ii7 for adjusting any components of the monitoring plan1 including acceptance of data from third parties as part of the monitoring process4 7,c7 ,monitoring data 7i7 ,in general ,the ,secretary shall accept for consideration under the monitoring process established in accordance with a monitoring plan developed under this paragraph any monitoring data that-- 7,i7 are collected using ,bureau-approved methods and protocols2 and 7,,ii7 meet ,bureau data quality requirements4 7ii7 ,limitation ,any monitoring data not collected using ,bureau-approved methods and protocols or determined by the ,secretary not to accurately reflect on-the-ground conditions may be subject to limited use under the monitoring process established in a monitoring plan developed under this paragraph4 7#d7 ,reporting 7,a7 ,in general ,an authorized grazing permittee or lessee implementing interim operational flexibility under this subsection shall include with the annual monitoring data submitted under subsection 7d77#a77;,a7 a description of-- 7i7 any interim operational flexibilities or permit or lease variances implemented by the authorized grazing permittee or lessee during the previous year in response to resource conditions2 and 7ii7 the effects of those implemented interim operational flexibilities on landscape health4 7,b7 ,requirement ,the ,secretary shall-- 7i7 assess the impact of the interim operational flexibilities implemented under this subsection2 and 7ii7 terminate those interim operational flexibilities if the ,secretary determines that applicable land health standards are not met4 7d7 ,reporting requirements2 review 7#a7 ,reporting requirements 7,a7 ,annual reporting ,not less frequently than annually1 each authorized grazing permittee or lessee participating in the program shall submit to the applicable ,bureau program staff monitoring data relating to any operational flexibilities or permit or lease variances implemented by the authorized grazing permittee or lessee during the previous year4 7,b7 ,reports to ,secretary 7i7 ,in general ,not later than #c years after the date of enactment of this ,act and every #c years thereafter1 program staff shall submit to the ,secretary a report on the program4 7ii7 ,failure to submit ,the failure of program staff to submit a report required under clause 7i7 shall not affect the ability of authorized grazing permittees or lessees to participate in the program4 7,c7 ,reports to congress ,not later than #d 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-- 7i7 the use of operational flexibilities under the program2 and 7ii7 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 7e7 ,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 ,november #ba1 #bjbd,reported with an amendment