Grazing Improvement Act

Grazing Improvement Act - 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.

Permits only applicants, permittees, and lessees whose interest in grazing livestock is directly affected by a final grazing decision to appeal such decision to an administrative law judge.

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.

Excludes 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, transfers of grazing preference, and range improvements.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 657 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 657

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

_______________________________________________________________________

                                 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''; and
            (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.''.

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.''.
    (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.''.
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