Operational Flexibility Grazing Management Program Act

Operational Flexibility Grazing Management Program Act

This bill authorizes the Department of the Interior to carry out a grazing management program that provides increased operational flexibility to authorized grazing permittees and lessees on federal land. Under the bill, operational flexibility means a change to grazing management that (1) modifies a grazing lease or permit to allow for adjustments to livestock grazing use; or (2) is based on emerging landscape conditions resulting from changes in weather, forage production, effects of wildfire or drought, or other temporary circumstances that impact resource conditions.

At the request of a grazing permittee or lessee, Interior must develop and analyze at least one alternative to provide operational flexibility in livestock grazing to account for changing conditions. If Interior determines that such an alternative is the preferred alternative, Interior must incorporate it into the terms and conditions of the applicable grazing permit or lease.

Upon the request of a permittee or lessee for interim operational flexibility, Interior may allow a temporary variance to the terms and conditions of a grazing permit or lease to address temporary circumstances impacting resource conditions. In approving such a request, Interior may authorize an adjustment to the beginning or ending date of the season of use, or both, or to water transportation, subject to certain conditions.

A grantee or permittee using interim operational flexibilities must develop and use a monitoring plan to track the effects of the flexibilities on the long-term ecological health of the land.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4454 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4454

To provide for the establishment of an Operational Flexibility Grazing 
 Management Program on land managed by the Bureau of Land Management, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2024

Mr. Barrasso (for himself and Mr. Wyden) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of an Operational Flexibility Grazing 
 Management Program on land managed by the Bureau of Land Management, 
                        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 ``Operational Flexibility Grazing 
Management Program Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of Land 
        Management.
            (2) Federal land.--The term ``Federal land'' means land 
        managed by the Bureau.
            (3) Operational flexibility.--The term ``operational 
        flexibility'', with respect to grazing on Federal land, means 
        changes made to grazing management of an allotment or allotment 
        area that--
                    (A) differ from--
                            (i) the terms and conditions of the 
                        applicable grazing permit or lease; or
                            (ii) the administration of grazing on the 
                        applicable allotment or allotment area during 
                        the preceding year; or
                    (B) are based on emerging landscape conditions or 
                producer needs.
            (4) Program.--The term ``program'' means the Operational 
        Flexibility Grazing Management Program authorized under section 
        3(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGEMENT PROGRAM.

    (a) In General.--The Secretary may carry out a grazing management 
program on Federal land, to be known as the ``Operational Flexibility 
Grazing Management Program'', in accordance with applicable law 
(including regulations) and the memorandum entitled ``Bureau of Land 
Management Instruction Memorandum 2018-109'' (as in effect on September 
30, 2021), to provide to authorized grazing permittees and lessees 
increased operational flexibility to improve the long-term ecological 
health of the Federal land.
    (b) Flexible Grazing Use Alternative for a Grazing Permit or 
Lease.--
            (1) In general.--At the request of an authorized grazing 
        permittee or lessee, for purposes of renewing a grazing permit 
        or lease under the program, pursuant to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
        Secretary shall develop and authorize at least 1 alternative to 
        provide operational flexibility in livestock grazing use to 
        account for changing conditions.
            (2) Consultation.--The Secretary shall develop alternatives 
        under paragraph (1) in consultation with--
                    (A) the authorized grazing permittee or lessee;
                    (B) affected Federal and State agencies;
                    (C) applicable Indian Tribes; and
                    (D) other landowners, permittees, or lessees in the 
                affected allotment.
    (c) Implementation of Interim Operational Flexibilities.--At the 
request of an authorized grazing permittee or lessee, the Secretary 
shall, using new and existing data, allow a variance to the terms and 
conditions of the existing applicable grazing permit or lease for a 
period not to exceed the remaining term of the grazing permit or lease 
to address significant changes in weather, forage production, effects 
of fire, drought, market conditions, or other temporary conditions--
            (1) by adjusting the season of use, the beginning date of 
        the period of use, the ending date of the period of use, or 
        both the beginning date and ending date, the stocking level, 
        water placement and transportation, and other necessary 
        operational flexibilities, as applicable, under the grazing 
        permit or lease, subject to the requirements that--
                    (A) unless otherwise specified in the appropriate 
                allotment management plan or any other activity plan 
                that is the functional equivalent to the appropriate 
                allotment management plan under section 4120.2(a)(3) of 
                title 43, Code of Federal Regulations (or a successor 
                regulation), the applicable adjusted date of the season 
                of use occurs--
                            (i) not earlier than 14 days before the 
                        beginning date specified in the applicable 
                        grazing permit or lease; and
                            (ii) not later than 14 days after the 
                        ending date specified in the applicable grazing 
                        permit or lease; and
                    (B) the authorized grazing permittee or lessee 
                provides notice of the adjustment to the Bureau not 
                later than 2 business days before the date of 
                adjustment; and
            (2) by authorizing the immediate implementation and 
        adoption of operational flexibilities in cases in which 
        operational flexibilities are necessary to achieve ecological 
        health, avoid immediate ecological degradation of the allotment 
        or allotment area, or respond to an emerging management need.
    (d) Monitoring Plans.--To monitor and evaluate outcomes from the 
use of operational flexibilities under the program, the Secretary, in 
coordination with grazing permittees and lessees, shall use--
            (1) cooperative rangeland monitoring plans that comply with 
        any applicable monitoring requirements under the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
        any applicable Federal grazing regulations; and
            (2) rangeland health objectives.
    (e) Reporting Requirements; Review.--
            (1) Reporting requirements.--
                    (A) Annual reports.--
                            (i) In general.--Annually, program staff 
                        shall submit to the Secretary a report on the 
                        program.
                            (ii) Failure to submit.--The failure of 
                        program staff to submit an annual report 
                        required under clause (i) shall not affect the 
                        ability of authorized grazing permittees or 
                        lessees to participate in the program.
                    (B) Reports to congress.--Not later than 3 years 
                after the date of enactment of this Act and every 3 
                years thereafter, the Secretary shall submit to the 
                appropriate committees of Congress a report that 
                describes the use of operational flexibilities under 
                the program and any associated information relating to 
                ecological outcomes and land health standards under the 
                program.
            (2) Review.--
                    (A) In general.--Subject to subparagraph (B), not 
                earlier than the date that is 8 years after the date of 
                enactment of this Act, the Secretary shall conduct a 
                review of the use of operational flexibilities under 
                the program, including a review of ecological outcomes 
                and other relevant outcomes under the program.
                    (B) No effect on grazing authorizations or use.--
                The review of the program under subparagraph (A) shall 
                not affect the existence, renewal, or termination of a 
                grazing permit or lease entered into under the program.
    (f) No Effect on Grazing Preference or Activities.--Nothing in this 
Act--
            (1) affects grazing preferences or authorizations provided 
        under the Act of June 28, 1934 (commonly known as the ``Taylor 
        Grazing Act''; 43 U.S.C. 315 et seq.), the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.), or any 
        other applicable Federal law;
            (2) requires grazing permittees or lessees to pursue 
        operational flexibilities during the renewal, extension, or 
        authorization of a new grazing permit or lease;
            (3) requires the Secretary to consider modifying or 
        terminating any grazing activity, authorization, or use; or
            (4) precludes the Secretary from modifying or terminating 
        an existing grazing permit or lease in accordance with 
        applicable law (including regulations).
    (g) No Termination of Grazing Permit or Lease for Use of 
Operational Flexibilities.--The Secretary may not terminate or fail to 
renew an applicable grazing permit or lease for a violation of the 
applicable grazing permit or lease that is due to the use of an 
operational flexibility under the program.
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