[House Report 115-968]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-968
======================================================================
TO DIRECT THE SECRETARY OF THE INTERIOR TO MANAGE THE POINT REYES
NATIONAL SEASHORE IN THE STATE OF CALIFORNIA CONSISTENT WITH CONGRESS'
LONGSTANDING INTENT TO MAINTAIN WORKING DAIRIES AND RANCHES ON
AGRICULTURAL PROPERTY AS PART OF THE SEASHORE'S UNIQUE HISTORIC,
CULTURAL, SCENIC AND NATURAL VALUES, AND FOR OTHER PURPOSES
_______
September 25, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 6687]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6687) to direct the Secretary of the Interior to
manage the Point Reyes National Seashore in the State of
California consistent with Congress' longstanding intent to
maintain working dairies and ranches on agricultural property
as part of the seashore's unique historic, cultural, scenic and
natural values, and for other purposes, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. MANAGEMENT OF AGRICULTURAL PROPERTY IN POINT REYES NATIONAL
SEASHORE.
Public Law 87-657 (16 U.S.C. 459c, et seq.) is amended as follows:
(1) In section 5(b) (16 U.S.C. 459c-5(b))--
(A) in the first sentence, by striking ``As used in''
and inserting the following:
``(1) As used in'';
(B) by striking ``The term `agricultural property' as
used'' and inserting the following:
``(2) The term `agricultural property' as used'';
(C) by striking ``means lands which were in regular
use'' and inserting ``means--
``(A) lands under agricultural lease or permit as of
September 1, 2018, or lands that were in regular use''; and
(D) by striking the period at the end and inserting
``; and
``(B) on the northern district of the Golden Gate National
Recreation Area, lands under agricultural lease or permit as of
September 1, 2018, or lands that were in regular use for, or
were being converted to, agricultural, ranching, or dairying
purposes as of May 1, 1978, together with residential and other
structures related to the above uses of the property that were
in existence or under construction as of May 1, 1978.''.
(2) In section 5 (16 U.S.C. 459c-5)--
(A) by inserting before subsection (a) the following:
``(a) The Secretary shall manage agricultural property consistent
with Congress' long-standing intent that working dairies and ranches
continue to be authorized to operate on agricultural property as part
of the seashore's unique historic, cultural, scenic and natural
values.''; and
(B) by redesignating subsequent subsections
accordingly.
(3) In section 6 (16 U.S.C. 459c-6), by adding at the end the
following:
``(c)(1) In areas of agricultural property where Tule Elk present
conflicts with working ranches or dairies, the Secretary shall manage
the Tule Elk for separation from the working ranches or dairies. To
minimize the conflicts and prevent establishment of new Tule Elk herds
on agricultural property, the Secretary may work with Indian Tribes
interested in the following:
``(A) Partnering with the Secretary in the relocation and
reestablishment of Tule Elk on Tribal lands.
``(B) Participating in hunting Tule Elk on a subsistence or
ceremonial basis.
``(C) Other partnerships and activities that the Secretary
determines are suitable and feasible for this purpose.
``(2) Nothing in this subsection reduces or diminishes the authority
of the Secretary to use other existing authorities or management tools
to separate Tule Elk from agricultural property.''.
(4) By adding at the end, the following:
``Sec. 10. Consistent with the purposes of this Act, including
section 5(a), the Secretary is directed to complete, without delay, the
General Management Plan Amendment for Point Reyes National Seashore and
the northern district of Golden Gate National Recreation Area, its
Environmental Impact Statement, and, upon completion of the Record of
Decision, issue leases and special use permits of 20 years for working
dairies and ranches on agricultural property. Nothing in this Act
requires the Secretary to issue leases and special use permits of 20
years in circumstances where there is no willing lessee, or to a
previous lessee who has abandoned or discontinued ranching.''.
Amend the title so as to read:
A bill to direct the Secretary of the Interior to manage
the Point Reyes National Seashore in the State of California
consistently with Congress' long-standing intent to continue to
authorize working dairies and ranches on agricultural property
as part of the seashore's unique historic, cultural, scenic and
natural values, and for other purposes.
Purpose of the Bill
The purpose of H.R. 6687, as ordered reported, is to direct
the Secretary of the Interior to manage the Point Reyes
National Seashore in the State of California consistent with
Congress' long-standing intent to continue to authorize working
dairies and ranches on agricultural property as part of the
Seashore's unique historic, cultural, scenic and natural
values.
Background and Need for Legislation
The Point Reyes National Seashore (PRNS), established in
1962, encompasses roughly 71,000 acres of federal and
nonfederal land in Marin County, California.\1\ The Point Reyes
coastal prairie has been used for ranching since the 1850s when
settlers moved west in search of gold and found the region to
be ideal for dairy farming.\2\ By 1857, a San Francisco law
firm, Shafter, Shafter, Park, and Heydenfeldt, owned over
50,000 acres of the Point Reyes peninsula, including the
coastal plain.\3\ The firm initially leased the land back to
existing dairy ranches and sold Tomales Point. In 1866, the
Shafter and Howard families divided the remainder of the land
into a tenant dairy enterprise composed of 33 ranches.\4\ The
Shafter family welcomed immigrants from all around the world to
work on the ranches, creating a unique culture for the
peninsula. In 1867, Marin County produced over 932 thousand
pounds of butter.\5\
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\1\National Park Service. ``Park Statistics'' Point Reyes National
Seashore. https://www.nps.gov/pore/learn/management/statistics.htm
\2\National Park Service. ``Ranching History at Point Reyes.''
https://www.nps.gov/pore/learn/historyculture/people_ranching.htm
\3\Id.
\4\Id.
\5\Id.
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Following an earthquake in 1906 and the stock market crash
in 1929, the Shafter and Howard enterprises struggled to make
ends meet.\6\ Dairies and ranches consolidated into
cooperatives, and ranchers expanded their livestock production
to include beef cattle, chickens, and other small animals.
After the construction of the Golden Gate Bridge,
transportation was expedited, and the Point Reyes creameries
were no longer a top commodity. Many closed their doors after
World War II.\7\
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\6\Id.
\7\Id.
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As Marin County expanded in the 1950s and 60s, property
taxes dramatically increased at the same time as the price for
dairy products dropped significantly, putting even more dairy
ranches on the peninsula out of business. Out of fear of losing
their businesses and way of life, the remaining ranchers worked
with the Sierra Club to secure both their ranches and the open
pastoral landscape that their families had worked to
preserve.\8\
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\8\Id.
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The National Park Service (NPS) had sought protections for
the peninsula as early as 1936.\9\ In 1962, Congress acted on
NPS's requests and established the Point Reyes National
Seashore under Public Law 87-657.\10\ To alleviate ranchers'
concerns, Congress made clear in the enabling act that existing
ranches should retain active operations within a designated
pastoral zone. Dairy and cattle ranchers sold their land to NPS
and then leased it back. Today most of the working ranches and
dairies operate under annual agricultural leases or special use
permits from NPS, which has left ranching families unable to
afford proper maintenance of the property. Most of the current
lessees are the fifth and sixth generation ranching
families.\11\
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\9\Id.
\10\https://www.gpo.gov/fdsys/pkg/STATUTE-76/pdf/STATUTE-76-
Pg538.pdf
\11\``Ranching at the Seashore.'' Point Reyes National Seashore
Association. http://www.ptreyes.org/activities/ranching-seashore
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The statutory history of the site reflects that Congress
showed great vision by providing for ranching to continue
within the PRNS to ensure that future generations would be able
to experience PRNS' unique working landscapes. However, the
1980 General Management Plan for the PRNS has not been updated
to require that the PRNS be managed to reflect the importance
and historical significance of agriculture to the area, leaving
protected land use activities exposed to litigation from anti-
grazing groups and other activists. These inconsistencies have
those working the land uncertain of their future on the
PRNS.\12\ These ranches and dairies also provide broader
benefits: they help preserve agriculture outside the PRNS
boundaries by ensuring that other small-scale agricultural
operations in the region have the facilities and services
necessary to stay viable.
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\12\https://www.sonomamag.com/point-reyes/
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NPS has also failed to effectively manage the growing re-
introduced population of Tule Elk, which has resulted in a new
herd competing with cows for forage, interfering with ranch
operations, and damaging infrastructure--hardly the outcome
envisioned by the 1998 Elk Management Plan. In addition,
ranchers report that long-term leases and permits are necessary
to help address the facility repair and maintenance challenges
they face.
More management options are needed to effectively separate
Tule Elk and livestock on certain agricultural property where
conflicts occur within the PRNS and the Golden Gate National
Recreation Area (GGNRA). There is no reason thriving elk herds
and sustainable working ranches and dairies cannot coexist
within PRNS and GGNRA if there is effective separation and
effective management. The legislation does not remove any of
the management tools currently available to the NPS (including
fencing, hazing, relocation, contraception and culling).
Instead, it provides direction for more effective separation
and adds new tools for NPS to consider, including the
opportunity to explore relocation and cultural ceremonial
activities with interested Native American Tribes, while
leaving broad discretion to the NPS to determine how to manage
the elk in particular situations.
NPS has, across administrations, and since the creation of
the PRNS and the GGNRA, consistently supported continued
ranching in the PRNS and Northern areas of the GGNRA. With this
legislation, Congress is affirming this long-standing policy
and providing direction that a ``no ranching'' alternative for
park management is inconsistent with the PRNS' historic intent,
even if such an alternative is required to be studied under a
legal settlement. Consistent with this direction, there should
be a full and robust National Environmental Policy Act of 1969
(NEPA, 42 U.S.C. 4321 et seq.) analysis as part of the General
Management Plan Amendment process to enable NPS to understand
and evaluate the possible mitigation and management measures
that could improve the environmental sustainability of the
ranches and dairies, and to inform a broad range of land
management policies and decisions, including lease/special use
permit succession planning, elk management, and conservation
practices. NEPA requires the engagement of the public in the
review process, and the Committee finds no language in the bill
that would exclude or reduce the robust participation by the
public as required by the law.
NPS has been working diligently to carry out then-Secretary
Ken Salazar's 2012 decision to offer 20-year leases for
ranching and dairying in the PRNS and GGNRA, going so far as
preparing a Ranch Comprehensive Management Plan/Environmental
Assessment in accordance with NEPA. The working relationship
between NPS and the current working ranches and dairies is an
important one, and the Committee is encouraged by the ongoing
collaborative efforts between NPS and the ranchers, including
through the General Management Plan Amendment process that will
continue to go forward under this legislation.
During consideration of the bill, the Committee adopted an
amendment by Congressman Jared Huffman (D-CA) that clarified
that NPS should exercise common-sense discretion in the
supervision of the agricultural property. For example, the NPS
is not financially responsible for operation of the ranches and
dairies and is not required to bring properties back into
agriculture that have been retired and converted to other
purposes. Likewise, the amendment clarified that current
lessees are eligible for the new longer-term leases, but if a
lessee does not want a 20-year lease, a shorter-term lease
remains an option. Importantly, NPS retains its existing
authority to set appropriate lease terms and conditions and
will be able to outline other management strategies and actions
in the General Management Plan Amendment.
Major Provisions of H.R. 6687 as Reported
Requires the Secretary of the Interior to
manage agricultural property consistent with Congress's
long-standing intent that working ranches and dairies
continue to be authorized to operate on agricultural
property within the PRNS and GGNRA.
Expands the definition of ``agricultural
property'' to include the northern district of the
GGNRA.
Requires that immediately following the
completion of the General Management Plan Amendment,
Environmental Impact Statement, and the Record of
Decision, the Secretary must issue leases and permits
of 20 years to working dairies and ranches on
agricultural property within the PRNS and GGNRA.
Where Tule Elk present conflicts with
working ranches and dairies on agricultural property,
requires the Secretary to manage the Tule Elk
population for effective separation from the working
ranches and dairies and allows the Secretary to work
with Indian tribes to control the Tule Elk populations.
Committee Action
H.R. 6687 was introduced on August 28, 2018, by Congressman
Jared Huffman (D-CA). The bill was referred to the Committee on
Natural Resources. On September 5, 2018, the Natural Resources
Committee met to consider the bill. Congressman Huffman offered
an amendment designated #1; it was adopted by unanimous
consent. No further amendments were offered, and the bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 25, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6687, a bill to
direct the Secretary of the Interior to manage the Point Reyes
National Seashore in the State of California consistently with
Congress' long-standing intent to continue to authorize working
dairies and ranches on agricultural property as part of the
seashore's unique historic, cultural, scenic, and natural
values, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6687--A bill to direct the Secretary of the Interior to manage the
Point Reyes National Seashore in the State of California
consistently with Congress' long-standing intent to continue to
authorize working dairies and ranches on agricultural property
as part of the seashore's unique historic, cultural, scenic,
and natural values, and for other purposes
Upon establishment of the Point Reyes National Seashore in
1962, ranches and dairies that were in existence were permitted
to continue their operations within a designated area of the
seashore. The National Park Service (NPS), which manages the
seashore, has issued agricultural leases or special use permits
to most of those ranches and dairies for periods ranging from
one year to five years. H.R. 6687 would direct the NPS to issue
20-year leases and permits.
Payments from those leases and permits are recorded in the
budget as discretionary offsetting collections and are applied
toward cost recovery for range management activities by the NPS
at the seashore. In 2017, the NPS spent about $1 million on
those activities and received less than $500,000 in lease and
permit payments. Extending lease terms to 20 years could affect
the amount of those annual payments; however, CBO estimates
that any effect on net discretionary spending would be
insignificant over the 2019-2028 period.
H.R. 6687 also would require the NPS to complete an
environmental study, amend its management plan for the
seashore, and manage the local tule elk population. CBO
estimates that implementing those provisions would result in no
additional costs to the NPS because we expect the agency will
conduct those activities under the terms of a 2017 settlement
agreement.
Enacting H.R. 6687 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 6687 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6687 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to direct the
Secretary of the Interior to manage the Point Reyes National
Seashore in the State of California consistent with Congress'
long-standing intent to continue to authorize working dairies
and ranches on agricultural property as part of the Seashore's
unique historic, cultural, scenic and natural values.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ACT OF SEPTEMBER 13, 1962
(Public Law 87-657)
AN ACT To establish the Point Reyes National Seashore in the State of
California, and for other purposes.
* * * * * * *
Sec. 5. (a) The Secretary shall manage agricultural property
consistent with Congress' long-standing intent that working
dairies and ranches continue to be authorized to operate on
agricultural property as part of the seashore's unique
historic, cultural, scenic and natural values.
[(a)] (b) Except for property which the Secretary
specifically determines is needed for interpretive or resources
management purposes of the seashore, the owner of improved
property or of agricultural property on the date of its
acquisition by the Secretary under this Act may, as a condition
of the acquisition, retain for himself and his or her heirs and
assigns a right of use and occupancy for a definite term of not
more than twenty-five years, or, in lieu thereof, for a term
ending at death of the owner or the death or his or her spouse,
whichever is later. The owner shall elect the term to be
reserved. Unless the property is wholly or partly donated to
the United States, the Secretary shall pay to the owner the
fair market value of the property on the date of the
acquisition minus the fair market value on that date of the
right retained by the owner. A right retained pursuant to this
section shall be subject to determination that it is being
exercised in a manner inconsistent with the purposes of this
Act, and it shall terminate by operation of law upon the
Secretary's notifying the holder of the right of such
determination and tendering to him or her an amount equal to
the fair market value of that portion of the right which
remains unexpired. Where appropriate in the discretion of the
Secretary, he or she may lease the federally owned land (or any
interest therein) which has been acquired by the Secretary
under this Act, and which was agricultural land prior to its
acquisition. Such lease shall be subject to such restrictive
covenants as may be necessary to carry out the purposes of this
Act. Any land to be leased by the Secretary under this section
shall be offered first for such lease to the person who owned
such land or was a leaseholder thereon immediately before its
acquisition by the United States.
[(b)] (c)(1) As used in this Act, the term ``improved
property'' shall mean a private noncommercial dwelling,
including the land on which it is situated, whose construction
was begun before September 1, 1959, or, in the case of areas
added by action of the Ninety-fifth Congress, May 1, 1978, and
structures accessory thereto (hereinafter in this subsection
referred to as ``dwelling''), together with such amount and
locus of the property adjoining and in the same ownership as
such dwelling as the Secretary designates to be reasonably
necessary for the enjoyment of such dwelling for the sole
purpose of noncommercial residential use and occupancy. In
making such designation the Secretary shall take into account
the manner of noncommercial residential use and occupancy in
which the dwelling and such adjoining property has usually been
enjoyed by its owner or occupant. [The term ``agricultural
property'' as used]
(2) The term ``agricultural property'' as used in this Act
[means lands which were in regular use] means--
(A) lands under agricultural lease or permit as of
September 1, 2018, or lands that were in regular use
for, or were being converted to agricultural, ranching,
or dairying purposes as of May 1, 1978, or, in the case
of areas added by action of the Ninety-sixth Congress,
May 1, 1979, together with residential and other
structures related to the above uses of the property
that were in existence or under construction as of May
1, 1978[.]; and
(B) on the northern district of the Golden Gate
National Recreation Area, lands under agricultural
lease or permit as of September 1, 2018, or lands that
were in regular use for, or were being converted to,
agricultural, ranching, or dairying purposes as of May
1, 1978, together with residential and other structures
related to the above uses of the property that were in
existence or under construction as of May 1, 1978.
[(c)] (d) In acquiring those lands authorized by the Ninety-
fifth Congress for the purposes of this Act, the Secretary may,
when agreed upon by the landowner involved, defer payment or
schedule payments over a period of ten years and pay interest
on the unpaid balance at a rate not exceeding that paid by the
Treasury of the United States for borrowing purposes.
[(d)] (e) The Secretary is authorized to accept and manage in
accordance with this Act, any lands and improvements within or
adjacent to the seashore which are donated by the State of
California or its political subdivisions. He is directed to
accept any such lands offered for donation which comprise the
Tomales Bay State Park, or lie between said park and Fish
Hatchery Creek. The boundaries of the seashore shall be changed
to include any such donated lands.
[(e)] (f) Notwithstanding any other provision of law, no fee
or admission charge may be levied for admission of the general
public to the seashore.
Sec. 6. (a) Except as otherwise provided in this Act, the
property acquired by the Secretary under this Act shall be
administered by the Secretary, without impairment of its
natural values, in a manner which provides for such
recreational, educational, historic preservation,
interpretation, and scientific research opportunities as are
consistent with, based upon, and supportive or the maximum
protection, restoration, and preservation of the natural
environment within the area, subject to the provisions of the
Act entitled ``An Act to establish a National Park Service, and
for other purposes'', approved August 25,1916 (39 Stat. 535),
as amended and supplemented, and in accordance with other laws
of general application relating to the national park system as
defined by the Act of August 8, 1953 (67 Stat. 496) except that
authority otherwise available to the Secretary for the
conservation and management of natural resources may be
utilized to the extent he finds such authority will further the
purposes of this Act.
(b) The Secretary may permit hunting and fishing on lands and
waters under his jurisdiction within the seashore in such areas
and under such regulations as he may prescribe during open
seasons prescribed by applicable local, State, and Federal law.
The Secretary shall consult with officials of the State of
California and any political subdivision thereof who have
jurisdiction of hunting and fishing prior to the issuance of
any such regulations, and the Secretary is authorized to enter
into cooperative agreements with such officials regarding such
hunting and fishing as he may deem desirable.
(c)(1) In areas of agricultural property where Tule Elk
present conflicts with working ranches or dairies, the
Secretary shall manage the Tule Elk for separation from the
working ranches or dairies. To minimize the conflicts and
prevent establishment of new Tule Elk herds on agricultural
property, the Secretary may work with Indian Tribes interested
in the following:
(A) Partnering with the Secretary in the relocation
and reestablishment of Tule Elk on Tribal lands.
(B) Participating in hunting Tule Elk on a
subsistence or ceremonial basis.
(C) Other partnerships and activities that the
Secretary determines are suitable and feasible for this
purpose.
(2) Nothing in this subsection reduces or diminishes the
authority of the Secretary to use other existing authorities or
management tools to separate Tule Elk from agricultural
property.
* * * * * * *
Sec. 10. Consistent with the purposes of this Act, including
section 5(a), the Secretary is directed to complete, without
delay, the General Management Plan Amendment for Point Reyes
National Seashore and the northern district of Golden Gate
National Recreation Area, its Environmental Impact Statement,
and, upon completion of the Record of Decision, issue leases
and special use permits of 20 years for working dairies and
ranches on agricultural property. Nothing in this Act requires
the Secretary to issue leases and special use permits of 20
years in circumstances where there is no willing lessee, or to
a previous lessee who has abandoned or discontinued ranching.
[all]