S 1129
112th CONGRESS
1st Session
S. 1129
To amend the Federal Land Policy and Management Act of 1976
to improve the management of grazing leases and permits, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
May 26, 2011
Mr. BARRASSO (for himself, Mr. ENZI, Mr. CRAPO, Mr. RISCH, Mr. THUNE,
Mr. HELLER, and Mr. HATCH) introduced the following bill; 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 1976
to improve the management of grazing leases and permits, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Grazing Improvement Act of 2011'.
SEC. 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 by striking `ten years' each place it appears
and inserting `20 years'.
SEC. 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:
`SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
`(a) Definitions- In this section:
`(1) ENVIRONMENTAL ANALYSIS- The term `environmental analysis' means
an environmental assessment or an environmental impact statement required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
`(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, and Reissuance- A grazing permit or lease issued
by the Secretary, or a grazing permit issued by the Secretary of Agriculture
regarding National Forest System land, that expires, is transferred,
or is waived after the date of enactment of this section shall be renewed
or reissued, as appropriate, under--
`(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 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 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- A permit or lease described
in subsection (b) may be cancelled, suspended, or modified in accordance
with applicable law.
`(e) Compliance With National Environmental Policy Act of 1969-
`(1) IN GENERAL- 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 analysis
if the decision continues the current grazing management of the allotment.
`(2) APPLICABILITY REGARDING PERMITS AND LEASES WITH MINOR MODIFICATIONS-
If the renewal, reissuance, or transfer of a grazing permit or lease
by the Secretary concerned contains only minor modifications from
the grazing permit or lease that is the subject of the renewal, reissuance,
or transfer, the grazing permit or lease shall be categorically excluded
from the requirement to prepare an environmental analysis if--
`(A) monitoring of the allotment has indicated that the current
grazing management has met, or has satisfactorily progressed towards
meeting, objectives contained in the land and resource management
plan of the allotment, as determined by the Secretary concerned;
and
`(B) the decision is consistent with the policy of the Department
of the Interior or the Department of Agriculture, as appropriate,
regarding extraordinary circumstances.
`(f) Priority and Timing for Completing Environmental Analyses-
`(1) IN GENERAL- Notwithstanding section 504 of the Emergency Supplemental
Appropriations for Additional Disaster Assistance, for Anti-terrorism
Initiatives, for Assistance in the Recovery from the Tragedy that
Occurred at Oklahoma City, and Rescissions Act, 1995 (Public Law 104-19;
109 Stat. 212), 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.
`(2) APPLICABILITY- This subsection shall not apply to the renewal,
reissuance, or transfer of a grazing permit or lease that is categorically
excluded under subsection (e).'.
SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO GRAZING APPEALS.
(a) Forest and Rangeland Renewable Resources Planning Act of 1974- Section
14 of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1612) is amended by adding at the end the following:
`(c) Applicability of Administrative Procedure Act- With respect to
a decision by the Secretary of Agriculture regarding a grazing permit,
an appeal by a grazing permittee shall be conducted in accordance with
subchapter II of chapter 5 of title 5, United States Code.'.
(b) Federal Land Policy and Management Act of 1976- Section 402 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended
by adding at the end the following:
`(i) Applicability of Administrative Procedure Act-
`(1) 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.
`(2) APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT- With respect to
a decision by the Secretary concerned regarding a grazing permit or
lease, an appeal by a grazing permittee shall be conducted in accordance
with subchapter II of chapter 5 of title 5, United States Code.
`(3) DEADLINE FOR FILING APPEALS- An appeal made under this subsection
shall be filed not later than 30 days after the date on which a decision
described in paragraph (2) is made.
`(4) SUSPENSION OF DECISIONS-
`(A) IN GENERAL- Except as otherwise provided in this subsection,
each decision by the Secretary concerned regarding a grazing permit
or lease that is appealed under this subsection shall be suspended
until the date on which the appeal is resolved.
`(B) DETERMINATION BY SECRETARY CONCERNED- A decision described
in subparagraph (A) may not be suspended if the Secretary concerned
(including any other authorized official) determines there is an
emergency regarding a deterioration of resources.
`(5) CONTINUED USE OF GRAZING PERMIT OR LEASE- Except in a situation
in which grazing use for the preceding year was authorized on a temporary
basis, an applicant who was granted grazing use in the preceding year
may continue at the level of authorized active use until the date
on which the appeal is resolved.'.
END
