[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 896 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 896
To amend the Federal Land Policy and Management Act of 1976 to promote
ecologically healthy and biologically diverse ecosystems on rangelands
used for domestic livestock grazing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5 (legislative day, April 19), 1993
Mr. Metzenbaum (for himself and Mr. Jeffords) 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 promote
ecologically healthy and biologically diverse ecosystems on rangelands
used for domestic livestock grazing, 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 ``Rangelands Restoration Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Government has a public trust
responsibility for the Federal lands of the United States for
present and future generations;
(2) the Federal rangelands and riparian areas administered
by the Bureau of Land Management and the Forest Service should
be managed in such a manner as will restore and maintain a
complete spectrum of native plant, fish, and wildlife species
in healthy range and riparian ecosystems;
(3) a substantial quantity of Federal rangelands is in a
deteriorated condition as a consequence of improper domestic
livestock grazing management practices;
(4)(A) measures taken by the Bureau of Land Management and
the Forest Service to improve the condition of Federal
rangelands are not resulting in significant progress towards
the achievement of ecologically healthy and biologically
diverse range and riparian ecosystems for these lands; and
(B) alternative methods of Federal rangelands management
are needed; and
(5) the Federal land management agencies have an
affirmative responsibility to--
(A) assess the condition of Federal rangelands; and
(B) approve activities on the rangelands only when
available data support the agency action.
SEC. 3. DEFINITIONS.
Section 103 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702) is amended--
(1) by striking subsection (k) and inserting the following
new subsection:
``(k) The term `allotment management plan' means a plan that--
``(1) is prepared under section 402(d);
``(2) applies to livestock operations on one or more
allotments;
``(3) will achieve the management objectives described in
section 402(b)(5); and
``(4) is prepared in consultation with the permit holder
and other interested persons.'';
(2) by striking subsection (o) and inserting the following
new subsection:
``(o) The term `16 contiguous Western States' means the States of
Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska,
Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah,
Washington, and Wyoming.'';
(3) in subsection (p), by striking ``eleven contiguous
western'' and inserting ``16 contiguous Western''; and
(4) by adding at the end the following new subsections:
``(q) The term `allotment' means a parcel of land that is--
``(1) located within public lands or National Forest System
lands located within 1 or more of the 16 contiguous Western
States; and
``(2) used for livestock grazing pursuant to a grazing
permit or lease issued by the appropriate Secretary.
``(r) The term `appropriate Secretary' means--
``(1) with respect to lands under the jurisdiction of the
Bureau, the Secretary; and
``(2) with respect to lands under the jurisdiction of the
Forest Service, the Secretary of Agriculture.
``(s) The term `declining trend' means a trend away from achieving
the management objectives described in section 402(b)(5).
``(t) The term `grazing actions and decisions' means all actions
and decisions significantly affecting livestock grazing on an
allotment, including--
``(1) the issuance, renewal, or modification of grazing
permits or leases, livestock grazing schedules, or management
stipulations;
``(2) the modification of the terms or conditions of
grazing permits or leases;
``(3) the approval or denial of applications for livestock
grazing use or nongrazing use;
``(4) the temporary or permanent closure of areas for
livestock grazing; and
``(5) annual seasonal or temporary adjustments in livestock
numbers.
``(u) The term `interested person' means a person who has expressed
in writing a desire to be notified of grazing actions and decisions
made with respect to a particular allotment, group of allotments, or
planning area.
``(v) The term `livestock carrying capacity' means the maximum
stocking rate of an allotment, under the then current conditions on the
allotment and given the range improvements, livestock grazing systems,
and livestock distribution on the allotment, that meets the management
objectives described in section 402(b)(5), as determined by the
appropriate Secretary under section 402(b)(8).
``(w) The term `livestock grazing' means the grazing of domestic
livestock on public lands or National Forest System lands located
within 1 or more of the 16 contiguous Western States.
``(x) The term `livestock grazing year' means the year that begins
on March 1 of a given year and ends on the last day of February of the
following year.
``(y) The term `permit holder' means a person who holds a grazing
permit or lease issued by the appropriate Secretary for an allotment.
``(z) The term `potential natural vegetation' means thriving
communities of the permanent, diverse species of vegetation that were
native to an area prior to European settlement or disturbance of the
area.
``(aa) The term `proper functioning condition', with respect to a
riparian area, means that the riparian area--
``(1) dissipates energy associated with high water flows
and as a result reduces erosion and improves water quality;
``(2) filtrates sediment and nutrients with resulting
positive flood plain development;
``(3) contributes to the root mass development of riparian-
dependent species of vegetation;
``(4) has stabilized stream banks;
``(5) has developed ponds and channel characteristics that
provide habitats and water depth, duration, and temperature
necessary for fish production, waterfowl breeding, and other
wildlife benefits; and
``(6) promotes greater biological diversity.
``(bb) The term `range condition' has the same meaning as is
provided in section 3(d) of the Public Rangelands Improvement Act of
1978 (43 U.S.C. 1901(d)).
``(cc) The term `trend' means the direction of change over time,
towards or away from achieving the management objectives described in
section 402(b)(5).''.
SEC. 4. GRAZING REFORM.
Title IV of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.) is amended to read as follows:
``TITLE IV--RANGE MANAGEMENT
``SEC. 401. GRAZING FEES AND STEWARDSHIP INCENTIVE PROGRAM.
``(a) Fair Market Value Fees.--
``(1) In general.--For the first livestock grazing year
that begins after the date of enactment of this paragraph, and
for each livestock grazing year thereafter, the appropriate
Secretary shall determine fees for livestock grazing based on
the private grazing land lease rate established by the National
Agricultural Statistics Service of the Department of
Agriculture for the 6 pricing areas in the 16 contiguous
Western States.
``(2) Applicability.--Subject to subsection (b), the fees
referred to in paragraph (1) shall apply to all permit holders.
``(3) Minimum amount of fees.--Notwithstanding any other
provision of this title, for each livestock grazing year, the
receipts from livestock grazing fees (after the application of
stewardship incentive credits under subsection (b)) shall, at a
minimum, cover the costs to the Federal Government of
administering livestock grazing activities, including the costs
of annual monitoring of the allotment to ensure compliance with
the terms of the stewardship incentive program established
under subsection (b).
``(b) Stewardship Incentive Program.--
``(1) Establishment.--The appropriate Secretary shall
establish a stewardship incentive program (referred to in this
subsection as the `program') to provide for stewardship
incentive credits (referred to in this subsection as `incentive
credits') against livestock grazing fees for permit holders who
maintain ecologically healthy rangelands.
``(2) Eligibility.--
``(A) In general.--A permit holder shall be
eligible to participate in the program if--
``(i) the permit holder has held a grazing
permit or lease for the allotment to which the
incentive credit will apply for at least 5
years; and
``(ii) an ecological site inventory has
been completed for the allotment, in accordance
with guidelines prepared by the Soil
Conservation Service of the Department of
Agriculture.
``(B) Disqualification.--A permit holder shall be
ineligible to participate in the program if--
``(i) the permit holder is committing a
violation of this title or any applicable
Federal or State environmental law related to
the grazing of domestic livestock on Federal
rangelands; or
``(ii) with respect to an allotment of a
permit holder, the annual monitoring data
available to the appropriate Secretary under
paragraph (6) show that the allotment--
``(I) reflects a declining trend
during the 2 years beginning on the
date of enactment of this subclause; or
``(II) reflects a stable trend but
is in fair or poor condition.
``(3) Applications.--
``(A) Submission.--To be eligible to participate in
the program, a permit holder must file a written
application requesting an incentive credit with the
Bureau or Forest Service district office with
jurisdiction over the allotment.
``(B) Contents.--Each application for an incentive
credit shall include--
``(i) the name and address of the permit
holder and, if different from the permit
holder, the owner of the base property (as
defined in section 4100.0-5 of title 43, Code
of Federal Regulations);
``(ii) documentation of the condition and
trend of the allotment prepared by a range
specialist employed by the Bureau or the Forest
Service;
``(iii) evidence of the length of time
during which the permit holder has grazed
domestic livestock on the allotment; and
``(iv) if an allotment management plan is
required to receive an incentive credit, a copy
of the allotment management plan.
``(C) Review.--The appropriate Secretary shall
promptly review a submitted application for an
incentive credit.
``(D) Decision by the appropriate secretary.--Not
later than 60 days after receiving a complete written
application, the appropriate Secretary shall notify the
permit holder whether the permit holder is eligible to
participate in the program.
``(E) Late submission.--If the permit holder
submits a complete application later than the date that
is 60 days prior to the beginning of a livestock
grazing year, the permit holder shall be eligible for
the incentive credit only for the duration of the
livestock grazing year that remains after the
appropriate Secretary notifies the permit holder in
accordance with subparagraph (D).
``(4) Incentive factors.--
``(A) Application.--The livestock grazing fee for
each permit holder shall be calculated at the beginning
of each livestock grazing year. Except as provided in
paragraph (3)(E), each eligible permit holder shall
have an incentive factor applied to the livestock
grazing fee at the beginning of the livestock grazing
year.
``(B) Factors.--
``(i) Twenty-five percent reduction.--A 25
percent reduction in the annual livestock
grazing fee shall be available for a permit
holder on an allotment or portion of an
allotment that the appropriate Secretary
determines has cover--
``(I) that consists of potential
natural vegetation or that is
reasonably anticipated to consist of
potential natural vegetation; or
``(II) that consists of less than
the condition described in subclause
(I), if the permit holder--
``(aa) has entered into an
allotment management plan
consistent with the management
objectives described in section
402(b)(5); and
``(bb) has complied with
the terms of the allotment
management plan for at least 2
consecutive years, based on the
annual monitoring data
available to the appropriate
Secretary under paragraph (6).
``(ii) Additional 25 percent reduction.--In
addition to the reduction authorized under
clause (i), a 25 percent reduction in the
annual livestock grazing fee shall be available
for a permit holder on an allotment or portion
of an allotment who meets the criteria under
clause (i)(I), if--
``(I) the annual monitoring data
available to the appropriate Secretary
under paragraph (6) for the allotment
indicates that the allotment has cover
that consists of potential natural
vegetation or that reflects an
improving trend towards potential
natural vegetation;
``(II) the permit holder certifies,
and the Secretary of Agriculture
confirms, that the livestock operation
is not participating in any animal
damage control program under the Act of
March 2, 1931 (46 Stat. 1468, chapter
370; 7 U.S.C. 426);
``(III) all of the riparian areas
in the allotment are in proper
functioning condition; and
``(IV) the objectives of the
allotment management plan for the
allotment and the applicable land use
plan prepared pursuant to section 202,
or the land and resource management
plan prepared pursuant to section 6 of
the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16
U.S.C. 1604), are being met.
``(5) Special applicability rules.--
``(A) Entire allotment qualifies for incentive
credit.--If more than 1 permit holder is utilizing an
allotment, the incentive credit shall apply to all
permit holders within the allotment if the entire
allotment qualifies for an incentive credit.
``(B) Portion qualifies for incentive credit.--
``(i) In general.--Subject to clause (ii),
if only a portion of the allotment qualifies
for an incentive credit, the incentive credit
shall apply only to the forage value in the
qualifying pasture within the allotment.
``(ii) Upland and lowland portions.--Both
the upland and the lowland or riparian portions
of the pasture must qualify for the incentive
credit in order for the credit to apply to the
pasture.
``(6) Monitoring.--
``(A) In general.--On an annual basis, the
appropriate Secretary shall monitor each allotment or
portion of each allotment included in the program.
``(B) Unavailable data.--If monitoring data for an
allotment are not available to determine compliance
with the terms of the program in a year, the incentive
credit shall not be available for the allotment for the
year.
``(c) Fee Receipt Expenditures.--
``(1) In general.--Notwithstanding any other provision of
law, the appropriate Secretary shall use the funds described in
paragraph (3) for--
``(A) the restoration and enhancement of fish and
wildlife habitats;
``(B) the restoration and improved management of
riparian areas; and
``(C) the implementation and enforcement of
allotment management plans, allotment plans required
under section 402(b)(3)(B)(ii), and regulations
regarding the use of lands for livestock grazing
developed pursuant to this title.
``(2) Distribution.--The funds described in paragraph (3)
shall be distributed as the appropriate Secretary considers
appropriate after consultation and coordination with the
advisory councils established pursuant to section 309 and other
interested persons.
``(3) Funds.--In carrying out this subsection, the
appropriate Secretary shall use funds appropriated pursuant
to--
``(A) this section;
``(B) section 5 of the Public Rangelands
Improvement Act of 1978 (43 U.S.C. 1904); or
``(C) any other provision of law relating to the
disposition of the Federal share of receipts for
livestock grazing on public lands or National Forest
System lands located within the 16 contiguous Western
States.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of the Interior and the Department of
Agriculture amounts equal to amounts received in the Treasury under
this section.
``SEC. 402. GRAZING PERMITS AND LEASES.
``(a) In General.--
``(1) Permit requirement.--In order to engage in livestock
grazing on an allotment, a person must obtain from the
appropriate Secretary a grazing permit or lease under
applicable law.
``(2) Eligibility.--A person described in paragraph (1) who
is in violation of this title may not receive or renew a
grazing permit or lease.
``(b) Terms and Conditions.--
``(1) Conditions for issuance and renewal.--
``(A) Allotment review and evaluation.--
``(i) In general.--Prior to the issuance or
renewal of a grazing permit or lease, the
appropriate Secretary, with the participation
of interested persons, shall utilize available
information to determine--
``(I) the extent to which the
allotment contains a complete spectrum
of native plant, fish, and wildlife
species in healthy range and riparian
ecosystems;
``(II) the status and trend of the
vegetation of the allotment;
``(III) the suitability of the
allotment for livestock grazing as
determined under section 403; and
``(IV) the degree to which the
management objectives described in
paragraph (5) and in the applicable
land use plan prepared pursuant to
section 202, or the land and resource
management plan prepared pursuant to
section 6 of the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1604), have been and
are being met with respect to the
allotment.
``(ii) Grazing preference.--In carrying out
the allotment review and evaluation under
clause (i), the appropriate Secretary shall
determine the grazing preference (as defined in
section 4100.0-5 of title 43, Code of Federal
Regulations) for the allotment based on the
livestock carrying capacity of the allotment.
``(B) Issuance.--The appropriate Secretary shall
issue a grazing permit or lease for an allotment if--
``(i) the information described in
subparagraph (A)(i) is available;
``(ii) the appropriate Secretary finds that
the permit or lease will meet the management
objectives described in paragraph (5); and
``(iii) the appropriate Secretary finds
that the lands in the allotment are suitable
for livestock grazing.
``(2) Components.--Each grazing permit or lease shall--
``(A) indicate the authorized number of livestock
that may be grazed on the allotment, as determined in
accordance with the management objectives described in
paragraph (5), taking into account the impact of
livestock grazing on other resources and uses (except
that the authorized number may not be in excess of the
livestock carrying capacity of the allotment);
``(B) indicate the authorized period of livestock
grazing use for the allotment, including the beginning
and ending dates for each period of use;
``(C) indicate the type, location, and ownership of
the lands and water that are subject to the permit or
lease, including the boundaries of the lands and water;
``(D) include an approved allotment management plan
(if a plan is required to receive a stewardship
incentive credit under section 401(b));
``(E) describe the range improvements that exist on
the allotment as of the date of issuance of the permit
or lease;
``(F) describe the monitoring measures that will be
used to ensure that the terms of the permit or lease
and the allotment plan required under paragraph
(3)(B)(ii) will be achieved;
``(G) describe data on water quality that are
available for water resources located within the
allotment; and
``(H) include such additional information as the
appropriate Secretary determines is appropriate.
``(3) Conditions.--
``(A) In general.--Each permit or lease shall
contain the conditions described in subparagraph (B).
``(B) Conditions.--
``(i) Public right of access.--The public
has a right of access to the allotment.
``(ii) Implementation of allotment plan.--
The permit holder shall be responsible for the
development and successful implementation of an
allotment plan for the allotment.
``(iii) Wildlife.--The permit holder may
not preclude wildlife and wild and free roaming
horses and burros from access to any portion of
the allotment, including any water development,
without the prior approval of the appropriate
Secretary.
``(iv) Modification by appropriate
secretary.--At the discretion of the
appropriate Secretary, the appropriate
Secretary may review the range condition of the
allotment and modify the terms of the permit or
lease to meet the management objectives
described in paragraph (5).
``(4) Terms.--
``(A) Regular term.--
``(i) In general.--Except as provided in
subparagraph (B), a grazing permit or lease
described in clause (ii) shall apply for a term
of 10 years.
``(ii) Permits and leases.--The permit or
lease referred to in clause (i) is a permit or
lease--
``(I) issued by the Secretary--
``(aa) under the Act
entitled `An Act to stop injury
to the public grazing lands by
preventing overgrazing and soil
deterioration, to provide for
their orderly use, improvement,
and development, to stabilize
the livestock industry
dependent upon the public
range, and for other purposes',
approved June 28, 1934 (43
U.S.C. 315b) (commonly known as
the `Taylor Grazing Act'); or
``(bb) under section 4 of
the Act entitled `An Act
relating to the revested Oregon
and California Railroad and
reconveyed Coos Bay Wagon Road
grant lands situated in the
state of Oregon', approved
August 28, 1937 (43 U.S.C.
1181d); or
``(II) issued by the Secretary of
Agriculture under section 19 of the Act
entitled `An Act to facilitate and
simplify the work of the Forest
Service, and for other purposes',
approved April 24, 1950 (16 U.S.C.
580l) (commonly known as the `Granger-
Thye Act'), with respect to National
Forest System lands located within 1 or
more of the 16 contiguous Western
States.
``(B) Shorter terms.--A grazing permit or lease may
be issued by the appropriate Secretary for a term
shorter than 10 years if the appropriate Secretary
determines that--
``(i) the lands are pending disposal;
``(ii) the lands will be devoted to a
public purpose or be designated unsuitable for
livestock grazing prior to the end of 10 years;
or
``(iii) it is in the best interest of sound
land management to specify a shorter term.
``(5) Management objectives.--
``(A) In general.--A grazing permit or lease shall
be consistent with the management objectives described
in subparagraph (B).
``(B) Objectives.--
``(i) Vegetation.--The vegetation on the
allotment reflects--
``(I) an improving trend towards
known or reasonably anticipated
potential natural vegetation; or
``(II) a stable condition after
being improved as described in
subclause (I).
``(ii) Riparian systems.--The riparian
systems are in proper functioning condition.
``(iii) Water resources.--Water resources
within the allotment are in compliance with
applicable water quality standards, and
livestock grazing does not cause erosion in the
allotment.
``(iv) Wildlife.--The allotment supports a
complete spectrum of indigenous plant, fish,
and wildlife species.
``(v) Plans.--The condition of the
allotment reflects satisfactory progress in
meeting--
``(I) the objectives of the land
use plan prepared pursuant to section
202, or the land and resource
management plan prepared pursuant to
section 6 of the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1604), applicable to
the allotment; and
``(II) other objectives established
by the appropriate Secretary in any
applicable allotment management plan or
rangeland evaluation.
``(6) Priority for renewal.--The permit holder of an
expiring grazing permit or lease shall be given first priority
for receipt of a new grazing permit or lease if--
``(A) the lands for which the grazing permit or
lease is issued remain available for livestock grazing
in accordance with this title and with land use plans
prepared pursuant to section 202 or land and resource
management plans prepared pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604);
``(B) the permit holder is in compliance with the
applicable rules and regulations issued, and the terms
and conditions of the expiring grazing permit or lease
specified, by the appropriate Secretary; and
``(C) the permit holder accepts the terms and
conditions to be included by the appropriate Secretary
in the new grazing permit or lease.
``(7) Existing permits.--A grazing permit or lease in
effect on the date of enactment of this paragraph shall comply
with the requirements of this title not later than the earlier
of--
``(A) 10 years after the date; or
``(B) the date of expiration of the grazing permit
or lease.
``(8) Determination of livestock carrying capacity.--
``(A) In general.--The appropriate Secretary shall
determine the livestock carrying capacity of an
allotment.
``(B) Consideration of information.--In making a
determination under subparagraph (A), the appropriate
Secretary shall consider all available information
regarding the allotment, including range monitoring
data, range surveys, vegetation inventories, field
observations, and the number of animals that used the
rangeland forage on the allotment during past grazing
seasons.
``(C) Estimates.--If the appropriate Secretary
determines that additional information is needed for an
accurate determination of livestock carrying capacity,
the appropriate Secretary shall estimate the capacity
on the basis of the best available information.
``(D) Consideration of certain range
improvements.--If the appropriate Secretary plans or
anticipates range improvements, livestock grazing
systems, or improvements in livestock distribution that
will increase livestock carrying capacity, the effects
of the improvements shall not be considered in the
determination of livestock carrying capacity until the
improvements are in place and operative.
``(c) Cancellation, Suspension, or Modification.--
``(1) In general.--The appropriate Secretary may--
``(A) cancel, suspend, or modify a grazing permit
or lease, in whole or in part, pursuant to the terms
and conditions of the permit or lease;
``(B) cancel or suspend a grazing permit or lease
for any violation of a livestock grazing regulation or
any term or condition of the grazing permit or lease;
or
``(C) cancel, suspend, or modify a grazing permit
or lease if necessary or appropriate to--
``(i) meet a management objective described
in subsection (b)(5);
``(ii) conform with an applicable allotment
management plan;
``(iii) manage, maintain, or improve
rangeland productivity; or
``(iv) comply with another law.
``(2) Compensation for certain cancellations.--
``(A) In general.--Subject to subparagraph (B), if
a grazing permit or lease is canceled in whole or in
part in order to devote the lands that are the subject
of the grazing permit or lease to another public
purpose, including disposal, the permit holder shall
receive from the United States a reasonable
compensation for the adjusted value (to be determined
by the appropriate Secretary) of, or the interest of
the permit holder (based on capital expenditures) in,
authorized permanent improvements placed or constructed
by the permit holder on lands that are the subject of
the grazing permit or lease.
``(B) Maximum amount.--Compensation under
subparagraph (A) may not exceed the fair market value
of the terminated portion of the interest of the permit
holder in the improvements.
``(C) Notification.--Except in a case of an
emergency or when necessary to comply with applicable
Federal or State law or to meet a management objective
described in subsection (b)(5), a grazing permit or
lease may not be canceled under this subsection unless
the permit holder is notified not later than 2 years
before the cancellation.
``(d) Allotment Management Plans.--
``(1) In general.--The appropriate Secretary may enter into
an allotment management plan with 1 or more permit holders,
after notice and opportunity for comment from interested
persons, that prescribes the manner in and extent to which
livestock operations will be conducted to achieve the
management objectives described in subsection (b)(5).
``(2) Updates and revisions.--
``(A) In general.--A plan may be updated and
revised after consultation with the affected permit
holders and other interested persons concerning the
allotments subject to the plan.
``(B) Adjustments in capacity.--The updated or
revised plan may include such adjustments in the
livestock carrying capacity as are necessary to carry
out this title.
``(3) Priority for plans.--In the development of allotment
management plans, the appropriate Secretary shall give priority
to watershed maintenance and restoration, incorporating 1 or
more allotments, as the case may be.
``(4) Implementation.--An allotment management plan shall
include attainable and enforceable goals and shall be fully
implemented not later than 5 years after the date of approval
of the plan by the appropriate Secretary.
``(5) Effect of allotment management plans on non-federal
lands.--An allotment management plan shall not apply to
livestock operations or range improvements on non-Federal lands
unless the non-Federal lands are intermingled with, or, with
the consent of the permit holder involved, associated with, the
Federal lands subject to the plan.
``(6) Right of appeal from allotment management plans.--The
appropriate Secretary shall grant to permit holders the right
of appeal from decisions that specify the terms and conditions
of allotment management plans. The preceding sentence is not
intended to limit any other right of appeal from decisions of
the appropriate Secretary.
``(e) Nongrazing Status.--
``(1) In general.--If an agency or a subdivision of a
State, a nongovernmental organization, or a private person is a
permit holder, and notifies the appropriate Secretary that the
permit holder intends to withdraw from livestock grazing some
or all of the forage available for livestock grazing under the
grazing permit or lease of the permit holder for the purpose of
conservation, wildlife enhancement, or recreation, the
appropriate Secretary shall place the forage in nongrazing
status for the interval specified by the permit holder at the
time of notification.
``(2) Status of withdrawn forage.--Forage placed in
nongrazing status under paragraph (1) shall not be available
for livestock grazing under any grazing permit or lease. In
preparing and revising land use plans prepared pursuant to
section 202, or land and resource management plans prepared
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604), for the
affected lands, the appropriate Secretary shall take into
account the unavailability of the forage for livestock grazing.
``(3) Special priority for renewal.--The permit holder of
an expiring grazing permit or lease who has had some or all of
the forage that is the subject of the grazing permit or lease
placed in nongrazing status under this subsection shall be
given the first priority for receipt of a new grazing permit or
lease for the lands that are the subject of the expiring
grazing permit or lease.
``(4) Adjustment of fee.--Any livestock grazing fee
otherwise applicable to an allotment shall be reduced to the
extent that forage on the allotment is in nongrazing status
under this subsection.
``(f) Riparian Restoration.--
``(1) Goals.--All actions taken under this section in the
review and issuance or renewal of grazing permits and leases
shall be consistent with the goals of--
``(A) restoring 75 percent of riparian areas in the
48 contiguous States to proper functioning condition by
1997; and
``(B) restoring all riparian areas on public lands
and National Forest System lands in the 48 contiguous
States to proper functioning condition by 2005.
``(2) Use of available information.--The appropriate
Secretary shall determine consistency with the goals described
in paragraph (1) on the basis of information available to the
appropriate Secretary.
``(g) Prohibition of Transfers of Permit Rights and Privately Owned
Lands.--
``(1) Annual statement of ownership and control.--The
appropriate Secretary shall require each permit holder to
annually file an affidavit stating that the permit holder owns
and controls all livestock that the permit holder is knowingly
allowing to graze on lands that are the subject of the grazing
permit or lease of the permit holder.
``(2) Voluntary transfers.--
``(A) Subleases.--
``(i) In general.--A person may not
knowingly sublease with respect to a right
granted by a grazing permit or lease.
``(ii) Penalties.--
``(I) Permit holders.--A permit
holder who knowingly subleases on lands
that are the subject of the grazing
permit or lease of the holder shall--
``(aa) be disqualified from
the further exercise of any
right or privilege conferred by
the permit or lease or by any
other permit or lease;
``(bb) forfeit to the
United States any remaining
value of the livestock grazing
fee paid or payable to the
United States with respect to
the permit or lease; and
``(cc) be subject to the
penalties described in section
303.
``(II) Other persons.--Any person
other than the permit holder who
knowingly subleases shall be subject to
the penalties described in section 303.
``(iii) Definition of sublease.--As used in
this subparagraph, the term `sublease' means to
graze domestic livestock on lands that are the
subject of a grazing permit or lease if the
livestock are not both owned and controlled by
the permit holder.
``(B) Voluntary transfers of privately owned
lands.--
``(i) In general.--A grazing permit or
lease shall terminate 30 days after the
effective date of any lease, conveyance,
transfer, or other voluntary action on the part
of a permit holder that has the effect of
removing from the control of the permit holder
the privately owned lands, or any part of the
lands, with respect to which preference was
granted in the issuance of the grazing permit
or lease.
``(ii) Prohibition of future grazing.--
``(I) In general.--Except as
provided in subclause (II), no
livestock grazing pursuant to a permit
or lease transferred under clause (i)
shall be permitted after a termination
described in clause (i).
``(II) Exception.--If, prior to a
termination described in clause (i),
the person who has obtained or will
obtain the control of the privately
owned lands or part of the lands
submits an application for a grazing
permit or lease with respect to the
lands, and if the appropriate Secretary
believes that the application will be
approved, the appropriate Secretary may
allow livestock grazing to continue for
not longer than the remainder of the
grazing year during which the
application was submitted.
``(3) Involuntary transfers.--
``(A) Death of the permit holder.--
``(i) Termination.--Except as provided in
clause (ii), a grazing permit or lease shall
terminate upon the death of the permit holder.
``(ii) Temporary continued grazing.--If
necessary or appropriate in order to facilitate
the orderly management of the estate of the
deceased permit holder, the appropriate
Secretary may permit livestock grazing to
continue on lands that are the subject of a
grazing permit or lease that terminates under
clause (i) for a period not to exceed 2 years
after the date of death of the permit holder.
``(B) Involuntary transfers of privately owned
lands.--
``(i) Termination.--Except as provided in
clause (ii), a grazing permit or lease shall
terminate upon an involuntary transfer from the
control of the permit holder (including a
transfer by operation of law) of the privately
owned lands, or any part of the lands, with
respect to which preference was granted in the
issuance of the grazing permit or lease.
``(ii) Temporary continued grazing.--If
necessary in order to facilitate the
redemption, sale, or other disposition of the
privately owned lands or part of the lands, the
appropriate Secretary may permit livestock
grazing to continue on lands that are the
subject of a grazing permit or lease that
terminates under clause (i) for a period not to
exceed 1 year after the date of the involuntary
transfer.
``(C) Later grazing.--After a continuation of
livestock grazing pursuant to subparagraph (A)(ii) or
(B)(ii), any livestock grazing on lands affected by the
continuation shall not be permitted without a new
grazing permit or lease.
``(4) Secretarial discretion.--A decision to permit a
continuation of livestock grazing pursuant to this subsection
shall be at the option of the appropriate Secretary. This
subsection is not intended to vest in any person any right to
graze livestock on lands owned by the United States or any
right to any grazing permit or lease.
``SEC. 403. SUITABILITY REVIEW.
``(a) Identification and Designation of Areas Unsuitable for
Livestock Grazing.--
``(1) Review by the secretaries.--
``(A) In general.--Not later than 5 years after the
date of enactment of this subparagraph, the appropriate
Secretary shall conduct a review of all Federal lands
available for the grazing of domestic livestock within
the 16 contiguous Western States under the jurisdiction
of the appropriate Secretary to determine which areas
are suitable and which areas are unsuitable for
livestock grazing.
``(B) Unsuitability.--An area, allotment, or
portion of an allotment shall be designated as
unsuitable for livestock grazing if the appropriate
Secretary determines that--
``(i) the best available information
indicates that the existing natural vegetation
on the allotment is not sustainable, or the
potential natural vegetation on the allotment
is not attainable, if livestock grazing is
permitted on the allotment;
``(ii) livestock grazing on the allotment
is causing an adverse impact on or significant
damage to riparian areas, Native American
cultural artifacts, natural systems, or
biological resources on Federal lands; or
``(iii) the management objectives described
in section 402(b)(5) cannot be met if livestock
grazing is permitted on the allotment.
``(2) Use of information.--In conducting the review and
making the designations, the Secretaries shall--
``(A) rely on available information; and
``(B) integrate the new data on allotments that
becomes available during each allotment review and
evaluation under section 402(b)(1)(A).
``(3) Necessary improvements or grazing system.--If the
appropriate Secretary determines that the construction of range
improvements or the implementation of a livestock grazing
system is necessary to render an area, allotment, or portion of
an allotment suitable for livestock grazing, the area,
allotment or portion of an allotment shall be deemed unsuitable
for livestock grazing until the improvement or system is in
place and operative.
``(b) Citizen Petition Process.--
``(1) In general.--Any person affected by livestock grazing
on an area, allotment, or portion of an allotment may petition
the appropriate Secretary to designate the area, allotment, or
portion of an allotment unsuitable for livestock grazing, or to
revoke an unsuitability designation for an area, allotment, or
portion of an allotment.
``(2) Petition.--
``(A) Contents.--The petition shall contain
allegations of facts with supporting evidence that
substantiates the allegations.
``(B) Public hearing.--Not later than 180 days
after receipt of the petition, the appropriate
Secretary shall--
``(i) provide public notice and publication
of the date, time, and location of the hearing
in a newspaper of local circulation for at
least 14 days; and
``(ii) hold a public hearing in the
locality of the area of public lands or
National Forest System lands affected by the
designation.
``(C) Acceptance of comments.--The appropriate
Secretary shall accept written comments for inclusion
in the final record on the proposal until the date that
is 14 days after a hearing held under subparagraph (B).
``(D) Issuance of decision.--Not later than 60 days
after a hearing held under subparagraph (B), the
appropriate Secretary shall issue a written finding and
provide, to the petitioner and any other party to the
hearing, a written decision regarding the petition and
the reasons for the decision.
``(E) Insufficient evidence.--If the appropriate
Secretary finds that insufficient evidence is presented
to grant the petition--
``(i) the petitioners shall be given 60
days to supplement the petition with additional
evidence;
``(ii) no additional public hearings shall
be necessary; and
``(iii) the appropriate Secretary shall
have 60 days, beginning with the receipt of the
supplemental information, to issue a written
decision and notify the interested parties of
the decision.
``(c) Grazing in Areas Designated Unsuitable.--
``(1) Cancellation of permits.--A grazing permit or lease
for an area designated as unsuitable for livestock grazing
under subsection (a) that is in effect on the date of the
designation shall be canceled 2 years after the designation,
unless the appropriate Secretary finds pursuant to section
402(c) that conditions warrant earlier cancellation.
``(2) Compensation to the permit holder.--
``(A) In general.--Subject to subparagraph (B),
upon cancellation of a grazing permit or lease under
paragraph (1), the permit holder shall receive from the
United States reasonable compensation for the adjusted
value (to be determined by the appropriate Secretary)
of the interest of the permit holder in authorized
permanent improvements placed or constructed by the
permit holder on the lands designated as unsuitable for
livestock grazing.
``(B) Maximum amount.--Compensation under
subparagraph (A) shall not exceed the initial capital
expenditure for the permanent improvement.
``SEC. 404. GRAZING LAW ENFORCEMENT BY THE SECRETARY.
``(a) Notice of Violation.--
``(1) In general.--The appropriate Secretary shall issue a
notice of violation to a permit holder for each violation by
the permit holder of--
``(A) this title;
``(B) a regulation issued under this title; or
``(C) a term or condition of--
``(i) the grazing permit or lease; or
``(ii) if an allotment management plan is
required to receive a stewardship incentive
credit under section 401(b), the allotment
management plan for the allotment.
``(2) Recording of violation.--The appropriate Secretary
shall record each violation in a central data base system.
``(3) Continuing violations.--
``(A) In general.--If a violation continues for
more than 30 days, the appropriate Secretary shall--
``(i) suspend livestock activities on the
allotment where the violation is occurring; and
``(ii) assess a penalty of $100 per day per
violation, but not to exceed $20,000 for each
continuing violation.
``(B) Effect on other grazing.--A person who is
penalized under clause (i) or (ii) of subparagraph (A)
shall not be eligible to use any Federal lands for
livestock grazing until all violations have been
corrected and any amounts assessed under this section
have been paid to the Federal Government.
``(b) Alternative Enforcement Actions.--The appropriate Secretary
may take alternative enforcement action to compel compliance with this
title, including--
``(1) requests for injunctive relief brought in an
appropriate district court of the United States; and
``(2) assessment of individual civil penalties against
corporate officers of a corporation, or individual association
members of an association, in violation of this title.
``(c) Cancellation of Grazing Permit or Lease.--A permit holder who
engages in a willful or knowing violation of this title, or a permit
holder who receives 3 or more notices of violations for the same or
similar violations of this title within 1 livestock grazing year, shall
forfeit all grazing permits and leases held by the holder.
``(d) Finality of Decisions.--A notice of a violation issued under
this section shall--
``(1) be considered a final decision of the appropriate
Secretary; and
``(2) be subject to the appeal provisions applicable to
grazing actions and decisions.
``SEC. 405. PUBLIC PARTICIPATION.
``(a) In General.--A citizen of the United States may participate
in a public hearing conducted, or provide public comment, with respect
to grazing actions and decisions.
``(b) Notice Requirement.--Prior to modifying the terms and
conditions of a grazing permit or lease, approving the issuance or
renewal of a grazing permit or lease, or approving a stewardship
incentive credit under section 401(b), the appropriate Secretary shall
provide notice of the action and provide opportunity for public
comment, if requested by any interested person.
``(c) Proposed Decisions.--
``(1) Notification of interested persons.--If the
appropriate Secretary issues a proposed decision under this
title to any applicant, permit holder, or agent of record who
is affected by the proposed decision, the appropriate Secretary
shall also send a copy of the decision to each interested
person.
``(2) Contents of proposed decisions.--Each proposed
decision shall--
``(A) state the reasons for the action that is the
subject of the decision, including reference to
pertinent terms, conditions, and provisions of Federal
law; and
``(B) provide for a period of 30 days after the
date of issuance of the decision for the filing of a
protest by the applicant, permit holder, agent of
record, or other interested person.
``(d) Implementation of Changes in Grazing Use.--
``(1) Prior consultation.--If the appropriate Secretary is
considering a change in the permitted active use of certain
lands on which livestock grazing occurs, the appropriate
Secretary shall consult with affected permit holders and other
interested persons.
``(2) Protection of natural resources.--If the appropriate
Secretary determines, after consultation with affected permit
holders and other interested persons, that the soil,
vegetation, or other resources on public lands or National
Forest System lands require temporary or permanent protection,
the Secretary shall close an appropriate allotment or portion
of an allotment to livestock grazing or modify the authorized
livestock grazing use of the allotment or portion of the
allotment.
``SEC. 406. CITIZEN SUITS.
``(a) Civil Action to Compel Compliance.--
``(1) In general.--Except as provided in subsection (b),
any person having an interest that is or may be adversely
affected by a violation of this title may bring a civil action
to compel compliance with this title against--
``(A) the appropriate Secretary, alleging that the
appropriate Secretary has failed to perform a duty
required by this title; or
``(B) any other person, alleging that the person is
in violation of a rule, regulation, order, permit, or
allotment plan required under section 402(b)(3)(B)(ii).
``(2) Jurisdiction.--An appropriate district court of the
United States shall have jurisdiction over an action brought
pursuant to paragraph (1) without regard to the amount in
controversy or the citizenship of the parties.
``(b) Limitations on Bringing of Action.--An action may not be
brought under subsection (a)--
``(1) prior to 60 days after the plaintiff has given
written notice of the alleged violation to the appropriate
Secretary and to any alleged violator; or
``(2) if the appropriate Secretary has brought and is
diligently prosecuting a civil action in a court of the United
States or a State to require compliance with this title, except
that in any such action in a court of the United States any
person may intervene as a matter of right.
``(c) Venue.--An action alleging a violation of this title or a
regulation issued under this title may be brought only in the judicial
district in which the allotment is located, or, if the action
challenges a Federal regulation, policy, or program, in the United
States Court of Appeals for the District of Columbia Circuit.
``(d) Intervention by the Secretary.--In an action brought under
this section, the appropriate Secretary, if not a party, may intervene
as a matter of right.
``(e) Costs.--In issuing a final order in an action brought against
the appropriate Secretary pursuant to subsection (a), a court may award
costs of litigation (including attorney and expert witness fees) to any
party, if the court determines that the award is appropriate.
``(f) Effect on Other Enforcement Methods.--Nothing in this section
shall restrict any right that any person (or class of persons) may have
under any law to seek enforcement of any provision of this title or a
regulation issued under this title, or to seek any other relief
(including relief against the appropriate Secretary).
``SEC. 407. RIGHTS TO WATER RESOURCES.
``Nothing in this title is intended to affect the right of any
person to enforce or protect, under applicable law, the interest of the
person in water resources affected by mineral activities on lands that
are subject to this Act, except that no sole private water right may be
established by a permit holder for the development of a water resource
on public lands or National Forest System lands.''.
SEC. 5. GRAZING ADVISORY BOARDS.
The Secretary of the Interior shall abolish the grazing advisory
boards described in the notice published in the Federal Register on May
14, 1986 (51 Fed. Reg. 17674). The advisory functions exercised by the
boards shall be exercised by the appropriate advisory councils
established pursuant to section 309 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1739).
SEC. 6. CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. prec. 1701) is amended by
striking the items relating to title IV and inserting the following new
items:
``TITLE IV--RANGE MANAGEMENT
``Sec. 401. Grazing fees and stewardship incentive program.
``Sec. 402. Grazing permits and leases.
``Sec. 403. Suitability review.
``Sec. 404. Grazing law enforcement by the Secretary.
``Sec. 405. Public participation.
``Sec. 406. Citizen suits.
``Sec. 407. Rights to water resources.''.
(b) Taylor Grazing Act.--Section 18 of the Act entitled ``An Act to
stop injury to the public grazing lands by preventing overgrazing and
soil deterioration, to provide for their orderly use, improvement, and
development, to stabilize the livestock industry dependent upon the
public range, and for other purposes'', approved June 28, 1934 (43
U.S.C. 315b) (commonly known as the ``Taylor Grazing Act''), is
amended--
(1) by striking the third sentence;
(2) in the fourth sentence, by striking ``, who shall'' and
all that follows through the period at the end and inserting
``and in accordance with section 402(b)(6) of the Federal Land
Policy and Management Act of 1976.''; and
(3) in the fifth sentence, by striking ``During'' and all
that follows through ``That nothing'' and inserting
``Nothing''.
(c) Granger-Thye Act.--
(1) Fee receipt expenditures.--Section 12 of the Act
entitled ``An Act to facilitate and simplify the work of the
Forest Service, and for other purposes'', approved April 24,
1950 (16 U.S.C. 580h) (commonly known as the ``Granger-Thye
Act''), is amended by inserting ``(except for a national forest
located within the State of Arizona, California, Colorado,
Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, or
Wyoming)'' after ``each national forest''.
(2) Grazing permits.--Section 19 of such Act (16 U.S.C.
580l) is amended by inserting ``and in accordance with section
402 of the Federal Land Policy and Management Act of 1976''
after ``proper''.
(d) Public Rangelands Improvement Act of 1978.--Section 5 of the
Public Rangelands Improvement Act of 1978 (43 U.S.C. 1904) is amended--
(1) in subsection (a), by striking ``, and in addition to
the moneys which are available for range improvements under
section 401 of the Federal Land Policy and Management Act (43
U.S.C. 1751)''; and
(2) by striking subsections (c) and (d).
(e) Public Law 93-531.--Section 28(b) of Public Law 93-531 (25
U.S.C. 640d-26(b)) is amended by striking ``402(g) of the Federal Land
Policy and Management Act'' and inserting ``402(c)(2) of the Federal
Land Policy and Management Act of 1976''.
SEC. 7. EFFECT ON PRIOR AMENDMENTS.
Nothing in this Act or the amendments made by this Act is intended
to affect the amendment made by section 404 of the Federal Land Policy
and Management Act of 1976 (16 U.S.C. 1338a), as in effect on the day
before the date of enactment of this Act.
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