[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 657 Reported in House (RH)]
Union Calendar No. 105
113th CONGRESS
1st Session
H. R. 657
[Report No. 113-145, Part 1]
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 HOUSE OF REPRESENTATIVES
February 13, 2013
Mr. Labrador (for himself, Mr. Amodei, Mr. Costa, Mr. Gosar, Mr.
McClintock, Mrs. Noem, Mr. Thompson of Pennsylvania, Mr. Tipton, Mr.
Simpson, and Mr. Walden) introduced the following bill; which was
referred to the Committee on Natural 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
July 9, 2013
Additional sponsors: Mrs. Lummis, Mr. Daines, Mr. Pearce, Mr. Cramer,
Mr. LaMalfa, and Mr. Stewart
July 9, 2013
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 9, 2013
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 13, 2013]
_______________________________________________________________________
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''.
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--
(1) by striking ``ten years'' each place it appears and
inserting ``20 years'';
(2) in subsection (b)--
(A) by striking ``or'' at the end of each of
paragraphs (1) and (2);
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the initial environmental analysis under National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
regarding a grazing allotment, permit, or lease has not been
completed.''; and
(3) after subsection (h), insert the following new
subsection:
``(i) Only applicants, permittees and lessees whose interest in
grazing livestock is directly affected by a final grazing decision may
appeal the decision to an administrative law judge.''.
SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
(a) Amendment.--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) Current grazing management.--The term `current
grazing management' means grazing in accordance with the terms
and conditions of an existing permit or lease and includes any
modifications that are consistent with an applicable Department
of Interior resource management plan or Department of
Agriculture land use plan.
``(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, Reissuance, and Pending Processing.--A
grazing permit or lease issued by the Secretary of the Interior, or a
grazing permit issued by the Secretary of Agriculture regarding
National Forest System land, that expires, is transferred, or is waived
shall be renewed or reissued under, as appropriate--
``(1) section 402;
``(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 (except the
termination date) 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 processing of 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.--Notwithstanding
subsection (c), a permit or lease described in subsection (b) may be
cancelled, suspended, or modified in accordance with applicable law.
``(e) Renewal Transfer Reissuance After Processing.--When the
Secretary concerned has completed the processing of the renewed or
reissued permit or lease that is the subject of the expired,
transferred, or waived permit or lease, the Secretary concerned shall
renew or reissue the permit or lease for a term of 20 years after
completion of processing.
``(f) Compliance With National Environmental Policy Act of 1969.--
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 assessment or an environmental
impact statement if--
``(1) the decision continues to renew, reissue, or transfer
the current grazing management of the allotment;
``(2) monitoring of the allotment has indicated that the
current grazing management has met, or has satisfactorily
progressed towards meeting, objectives contained in the land
use and resource management plan of the allotment, as
determined by the Secretary concerned; or
``(3) the decision is consistent with the policy of the
Department of the Interior or the Department of Agriculture, as
appropriate, regarding extraordinary circumstances.
``(g) Priority and Timing for Completing Environmental Analyses.--
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.
``(h) NEPA Exemptions.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
``(1) Crossing and trailing authorizations of domestic
livestock.
``(2) Transfer of grazing preference.
``(3) Range improvements as defined under 43 U.S.C. 315c
and 16 U.S.C. 580h.''.
(b) Table of Contents.--The table of contents for the Federal Land
Policy and Management Act of 1976 is amended by adding after the item
for section 404, the following:
``Sec. 405. Renewal, transfer, and reissuance of grazing permits and
leases.''.
Union Calendar No. 105
113th CONGRESS
1st Session
H. R. 657
[Report No. 113-145, Part 1]
_______________________________________________________________________
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.
_______________________________________________________________________
July 9, 2013
Reported from the Committee on Natural Resources with an amendment
July 9, 2013
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed