Grazing Improvement Act of 2012 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years), including where the Secretary concerned determines that the initial environmental analysis under the National Environmental Policy Act of 1969 (NEPA) regarding a grazing allotment, permit, or lease has not been completed.
Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, the Granger-Thye Act, the Bankhead-Jones Farm Tenant Act, or the California Desert Protection Act of 1994.
Allows the exclusion of the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the NEPA requirement to prepare an environmental analysis if: (1) such decision continues to renew, reissue, or transfer current grazing management of the allotment; (2) monitoring indicates that such management meets objectives contained in the land use and resource management plan of the allotment; or (3) the decision is consistent with the policy of the Department of the Interior or USDA regarding extraordinary circumstances.
Gives the Secretary concerned the sole discretion to determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of such authorization and available funding.
Makes NEPA inapplicable to domestic livestock crossing and trailing authorizations and transfers of grazing preference.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4234 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4234
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
March 21, 2012
Mr. Labrador (for himself, Mr. Bishop of Utah, Mr. Costa, Mr. Gosar,
Mr. Harris, Mrs. Lummis, Mrs. Noem, Mr. Rehberg, Mrs. McMorris Rodgers,
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
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act of 1976 to improve
the management of grazing leases and permits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grazing Improvement Act of 2012''.
SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended by striking ``ten years'' each place it
appears and inserting ``20 years''.
SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
Title IV of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.) is amended by adding at the end the following:
``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
``(a) Definitions.--In this section:
``(1) Environmental analysis.--The term `environmental
analysis' means an environmental assessment or an environmental
impact statement required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Department of the
Interior.
``(b) Renewal, Transfer, and Reissuance.--A grazing permit or lease
issued by the Secretary, or a grazing permit issued by the Secretary of
Agriculture regarding National Forest System land, that expires, is
transferred, or is waived after the date of the enactment of this
section shall be renewed or reissued, as appropriate, under--
``(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 contained in an
expired, transferred, or waived permit or lease described in subsection
(b) shall continue in effect under a renewed or reissued permit or
lease until the date on which the Secretary concerned completes the
renewed or reissued permit or lease that is the subject of the expired,
transferred, or waived permit or lease, in compliance with each
applicable law.
``(d) Cancellation; Suspension; Modification.--A permit or lease
described in subsection (b) may be cancelled, suspended, or modified in
accordance with applicable law.
``(e) Compliance With National Environmental Policy Act of 1969.--
``(1) In general.--The renewal, reissuance, or transfer of
a grazing permit or lease by the Secretary concerned shall be
categorically excluded from the requirement to prepare an
environmental analysis if the decision continues the current
grazing management of the allotment.
``(2) Applicability regarding permits and leases with minor
modifications.--If the renewal, reissuance, or transfer of a
grazing permit or lease by the Secretary concerned contains
only minor modifications from the grazing permit or lease that
is the subject of the renewal, reissuance, or transfer, the
grazing permit or lease shall be categorically excluded from
the requirement to prepare an environmental analysis if--
``(A) monitoring of the allotment has indicated
that the current grazing management has met, or has
satisfactorily progressed towards meeting, objectives
contained in the land and resource management plan of
the allotment, as determined by the Secretary
concerned; and
``(B) the decision is consistent with the policy of
the Department of the Interior or the Department of
Agriculture, as appropriate, regarding extraordinary
circumstances.
``(3) Applicability regarding crossing and trailing
permits.--Crossing and trailing permits are an administrative
decision and shall be categorically excluded from the
requirement to prepare an environmental analysis.
``(f) Priority and Timing for Completing Environmental Analyses.--
``(1) In general.--Notwithstanding section 504 of the
Emergency Supplemental Appropriations for Additional Disaster
Assistance, for Anti-terrorism Initiatives, for Assistance in
the Recovery from the Tragedy that Occurred at Oklahoma City,
and Rescissions Act, 1995 (Public Law 104-19; 109 Stat. 212),
the Secretary concerned, in the sole discretion of the
Secretary concerned, shall determine the priority and timing
for completing each required environmental analysis regarding
any grazing allotment, permit, or lease based on the
environmental significance of the allotment, permit, or lease
and available funding for that purpose.
``(2) Applicability.--This subsection shall not apply to
the renewal, reissuance, or transfer of a grazing permit or
lease that is categorically excluded under subsection (e).''.
SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO GRAZING
APPEALS.
(a) Forest and Rangeland Renewable Resources Planning Act of
1974.--Section 14 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1612) is amended by adding at the end
the following:
``(c) Applicability of Administrative Procedure Act.--With respect
to a decision by the Secretary of Agriculture regarding a grazing
permit, an appeal by a grazing permittee shall be conducted in
accordance with subchapter II of chapter 5 of title 5, United States
Code.''.
(b) Federal Land Policy and Management Act of 1976.--Section 402 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is
amended by adding at the end the following:
``(i) Applicability of Administrative Procedure Act.--
``(1) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Department of the
Interior.
``(2) Applicability of administrative procedure act.--With
respect to a decision by the Secretary concerned regarding a
grazing permit or lease, an appeal by a grazing permittee shall
be conducted in accordance with subchapter II of chapter 5 of
title 5, United States Code.
``(3) Deadline for filing appeals.--An appeal made under
this subsection shall be filed not later than 30 days after the
date on which a decision described in paragraph (2) is made.
``(4) Suspension of decisions.--
``(A) In general.--Except as otherwise provided in
this subsection, each decision by the Secretary
concerned regarding a grazing permit or lease that is
appealed under this subsection shall be suspended until
the date on which the appeal is resolved.
``(B) Determination by secretary concerned.--A
decision described in subparagraph (A) may not be
suspended if the Secretary concerned (including any
other authorized official) determines there is an
emergency regarding a deterioration of resources.
``(5) Continued use of grazing permit or lease.--Except in
a situation in which grazing use for the preceding year was
authorized on a temporary basis, an applicant who was granted
grazing use in the preceding year may continue at the level of
authorized active use until the date on which the appeal is
resolved.''.
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Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
Subcommittee on National Parks, Forests and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 15.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-533, Part I.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-533, Part I.
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Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 381.