109th CONGRESS
1st Session
H. R. 411
To recognize the importance of livestock ranching to the history
and continued economic vitality of the western United States and to compensate
ranchers when certain Government actions result in the loss or reduction in
animal unit months authorized under a grazing permit or lease issued by a
Federal land management agency, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 26, 2005
Mr. RENZI introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on Agriculture, for a period
to be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To recognize the importance of livestock ranching to the history
and continued economic vitality of the western United States and to compensate
ranchers when certain Government actions result in the loss or reduction in
animal unit months authorized under a grazing permit or lease issued by a
Federal land management agency, 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 `Cattleman's Bill of Rights Act'.
SEC. 2. FINDINGS, NATIONAL POLICY, AND DEFINITIONS.
(a) Findings- Congress finds the following:
(1) Ranching is an important part of the culture and economy of many rural
communities throughout the American West, and the rural West depends on
a healthy and thriving ranching industry.
(2) Ranchers have a vested interest in their ranchland, and much of this
land has been worked by the same ranch families for generations.
(3) Congress has a responsibility both to protect the environment and to
ensure the continued ability of Americans to produce the food and fiber
needed for United States and world markets, and dispersed agriculture, such
as ranching, can help secure this food and fiber supply.
(4) Rangeland grazing is a humane and natural food production technology.
(5) Public land grazing permits and leases have a recognized value, and
the voluntary relinquishment of grazing allotments on public land eliminates
the infrastructure needed to support a viable grazing industry in the West.
(6) American ranchers provide betterments and improvements to the land they
work, providing a symbiotic relationship between the land and the cattle.
(7) Public land grazing permits and leases have a value recognized by many
segments of society.
(8) The United States has a vital interest in protecting and promoting the
American ranching industry.
(b) National Policy- On the basis of the findings expressed in subsection
(a), Congress supports a national policy of public grazing and appropriate
compensation when ranchers are forced by law to relinquish their grazing permits.
(c) Federal Land Management Agency Defined- In this Act, the term `Federal
land management agency' means the National Park Service, the Forest Service,
the Fish and Wildlife Service, and the Bureau of Land Management.
SEC. 3. COMPENSATION AS PART OF CERTAIN FEDERAL LAND MANAGEMENT AGENCY ACTIONS.
Whenever a land exchange, special-use land designation, or a biological opinion
issued pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
involving Federal land under the jurisdiction of a Federal land management
agency results in the elimination or reduction in permitted grazing animal
unit months, the Federal land management agency shall--
(1) to the extent practicable, make available alternative, suitable, functionally
equivalent forage to the holder of the grazing permit or lease eliminated
or subject to the reduction; or
(2) compensate the holder of the grazing permit or lease for the value of
the permit or lease lost, when alternative forage is not available under
paragraph (1).
SEC. 4. AUTHORIZATION OF SUBLEASING OF GRAZING PERMITS AND LEASES.
A Federal land management agency shall allow the holder of a grazing permit
or lease issued by the Federal land management agency to sublease all or any
portion of the Federal land allotment covered by the permit or lease, without
any fee or charge imposed by the Federal land management agency, when the
sublease will--
(1) promote more sustainable use of forage within an area;
(2) support ranchers who may be facing economic distress; or
(3) promote other objectives identified by the Federal land management agency.
SEC. 5. SOURCE OF COMPENSATION AND DETERMINATION OF COMPENSATION AMOUNT.
(a) Source- The Federal land management agency that reduces or eliminates
permitted grazing use for the purposes identified in this Act shall pay the
compensation provided for under this Act out of the agency's current appropriations.
(b) Compensation Factors- Compensation under this Act shall include loss of
value in base property, loss of value in vested water rights, loss of value
of improvements, and loss of business opportunity value.
SEC. 6. EMPLOYEE SENSITIVITY TRAINING.
The Secretary of Agriculture, in consultation with the Secretary of the Interior,
shall develop, implement, and periodically update a training course for employees
of the Federal land management agencies regarding the historical uses of the
Federal land managed by such employees. The Secretary shall require range
managers to attend the training course, which at a minimum shall incorporate
the following:
(1) Quality of life impacts on livestock ranchers.
(2) Economic and production impacts.
(3) Biodiversity benefits of such historical uses.
END