[Senate Report 113-166]
[From the U.S. Government Publishing Office]
Calendar No. 392
113th Congress } { Report
SENATE
2d Session } { 113-166
======================================================================
GRAZING IMPROVEMENT ACT
_______
May 22, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 258]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 258) to amend the Federal Land Policy and
Management Act of 1976 to improve the management of grazing
leases and permits, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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) in subsection (a)--
(A) by striking ``Except as'' and inserting the
following:
``(1) In general.--Except as''; and
(B) in paragraph (1) (as designated by subparagraph
(A)), by striking ``ten years subject'' and inserting
the following: `` 10 years, up to a maximum term of 20
years, if the Secretary concerned--
``(i) has assessed and evaluated the grazing
allotment associated with the permit or lease;
and
``(ii) based on the assessment and evaluation
under clause (i), has determined that the
grazing allotment is--
``(I) with respect to public land
administered by the Secretary of the
Interior, meeting land health
standards; or
``(II) with respect to National
Forest System land administered by the
Secretary of Agriculture, meeting
objectives in the applicable land and
resource management plan.
``(2) Cancellation, suspension, and modification.--The permit
or lease shall be subject'';
(2) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by striking ``So long as'' and inserting the
following:
``(1) Renewal of expiring or transferred permit or lease.--
During any period in which''; and
(C) by adding at the end the following:
``(2) Continuation of terms under new permit or lease.--The
terms and conditions in a grazing permit or lease that has
expired, or was terminated due to a grazing preference
transfer, shall be continued under a new permit or lease until
the date on which the Secretary concerned completes any
environmental analysis and documentation for the permit or
lease required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
``(3) Completion of processing.--As of the date on which the
Secretary concerned completes the processing of a grazing
permit or lease in accordance with paragraph (2), the permit or
lease may be canceled, suspended, or modified, in whole or in
part.
``(4) Environmental reviews.--The Secretary concerned shall
seek to conduct environmental reviews on an allotment or
multiple allotment basis, to the extent practicable, if the
allotments share similar ecological conditions, for purposes of
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other applicable laws.'';
(3) by redesignating subsection (h) as subsection (j); and
(4) by inserting after subsection (g) the following:
``(h) National Environmental Policy Act of 1969.--
``(1) In general.--The issuance of a grazing permit or lease
by the Secretary concerned may be categorically excluded from
the requirement to prepare an environmental assessment or an
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
``(A) the issued permit or lease continues the
current grazing management of the allotment; and
``(B) the Secretary concerned--
``(i) has assessed and evaluated the grazing
allotment associated with the lease or permit;
and
``(ii) based on the assessment and evaluation
under clause (i), has determined that the
allotment--
``(I) with respect to public land
administered by the Secretary of the
Interior--
``(aa) is meeting land health
standards; or
``(bb) is not meeting land
health standards due to factors
other than existing livestock
grazing; or
``(II) with respect to National
Forest System land administered by the
Secretary of Agriculture--
``(aa) is meeting objectives
in the applicable land and
resource management plan; or
``(bb) is not meeting the
objectives in the applicable
land resource management plan
due to factors other than
existing livestock grazing.
``(2) Trailing and crossing.--The trailing and crossing of
livestock across public land and National Forest System land
and the implementation of trailing and crossing practices by
the Secretary concerned may be categorically excluded from the
requirement to prepare an environmental assessment or an
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(i) Priority and Timing for Completion of 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 with respect to a grazing allotment,
permit, or lease based on--
``(1) the environmental significance of the grazing
allotment, permit, or lease; and
``(2) the available funding for the environmental
analysis.''.
SEC. 3. VOLUNTARY RELINQUISHMENT OF GRAZING PERMITS OR 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. VOLUNTARILY RELINQUISHMENT PILOT PROGRAM.--
``(a) In General.--There is established in the Department of the
Interior and the Department of Agriculture a pilot program that--
``(1) authorizes the voluntary relinquishment of grazing
permits or leases in the eligible States specified in
subsection (f); and
``(2) provides that grazing permits or leases voluntarily
relinquished under this section shall be permanently retired
from further grazing authorization.
``(b) Acceptance by Secretary and Secretary of Agriculture.--
``(1) In general.--Subject to paragraph (2), within the
eligible States specified in subsection (f)--
``(A) the Secretary shall accept the voluntary
relinquishment of any valid permits or leases
authorizing grazing on public land; and
``(B) the Secretary of Agriculture shall accept the
voluntary relinquishment of any valid permits or leases
authorizing grazing on land in the National Forest
System.
``(2) Limitation.--Notwithstanding paragraph (1), the
Secretary and the Secretary of Agriculture shall not accept the
voluntarily relinquishment of more than 25 grazing permits or
leases per year in each of the eligible States specified in
subsection (f).
``(c) Termination.--With respect to each permit or lease voluntarily
relinquished under subsection (a), the Secretary concerned shall--
``(1) terminate the grazing permit or lease; and
``(2) except as provided in subsection (d), ensure a
permanent end to grazing on the land covered by the permit or
lease.
``(d) Common Allotments.--
``(1) In general.--If the land covered by a grazing permit or
lease that has been voluntarily relinquished under subsection
(a) is also covered by another valid existing grazing permit or
lease that is not voluntarily relinquished under subsection
(a), the Secretary concerned shall reduce the authorized
grazing level on the land covered by the permit or lease to
reflect the relinquishment of the grazing permit or lease.
``(2) Authorized level.--To ensure that there is a permanent
reduction in the level of grazing on the land covered by a
grazing permit or lease that has been voluntarily relinquished
under subsection (a), the Secretary shall not allow grazing use
to exceed the authorized level established under paragraph (1).
``(3) Partial relinquishment.--
``(A) In general.--If a person holding a valid
grazing permit or lease voluntarily relinquishes less
than the full level of grazing use authorized under the
permit or lease, the Secretary concerned shall--
``(i) reduce the authorized grazing level to
reflect the voluntarily relinquishment; and
``(ii) modify the grazing permit or lease to
reflect the revised level of use.
``(B) Authorized level.--To ensure that there is a
permanent reduction in the authorized level of grazing
on the land covered by a permit or lease which has been
voluntarily relinquished under subparagraph (A), the
Secretary shall not allow grazing use to exceed the
authorized level established under that subparagraph.
``(e) Annual Report.--
``(1) In general.--The Secretary, in collaboration with the
Secretary of Agriculture, shall prepare an annual report on the
pilot program that assesses the activities undertaken under the
pilot program during the preceding year, including the number
and location of grazing permits and leases that were
voluntarily relinquished during the preceding year.
``(2) Submission to congress.--The Secretary shall submit the
annual report prepared under paragraph (1) to--
``(A) the Committee on Energy and Natural Resources
of the Senate; and
``(B) the Committee on Natural Resources of the House
of Representatives.
``(f) Eligible States.--The authority of the Secretary and the
Secretary of Agriculture to accept voluntary relinquishments in
accordance with this section shall be limited to grazing allotments in
the States of New Mexico and Oregon.''.
Purpose
The purpose of S. 258 is to amend the Federal Land Policy
and Management Act of 1976 to modify authorities for grazing on
Federal land administered by the Bureau of Land Management and
the Forest Service.
Background and Need
The Bureau of Land Management and Forest Service manage
livestock grazing on over 155 million acres of public lands and
94 million acres of National Forest System lands. The BLM
administers nearly 18,000 grazing permits and leases covering
over 21,000 allotments. The Forest Service administers an
additional 6,800 grazing permits covering approximately 8,800
allotments.
The BLM administers grazing under the authority of the
Taylor Grazing Act of 1934 and the Federal Land Policy and
Management Act of 1976 (FLPMA). The Forest Service also
administers permits under authority of FLPMA, the Granger-Thye
Act, the Forest and Rangeland Renewable Resources Planning Act
of 1974, and for national grasslands, title III of the
Bankhead-Jones Farm Tenant Act. Grazing permits or leases are
issued for a term of up to 10 years and are generally renewed
subject to any changes in terms and conditions the agency
determines to be necessary.
Following enactment of FLPMA in 1976, the BLM amended its
grazing regulations in 1978 (43 Fed. Reg. 29067). For the next
17 years, federal grazing policies remained largely unchanged.
In 1995, the Department of the Interior issued comprehensive
grazing management regulations to increase public involvement
in rangeland management decisions and to place greater emphasis
on conservation measures (60 Fed. Reg. 9894). The regulations
were challenged in Federal court, with the litigation
ultimately reaching the Supreme Court, Public Lands Council v.
Babbitt, 529 U.S. 728 (2000), where the Court ruled in favor of
the United States.
In 2006, the Department of the Interior again proposed to
revise its grazing management regulations, in many areas
undoing the regulatory changes made by the previous
Administration (71 Fed. Reg. 39042). Those regulations were
also challenged in Federal court. The court blocked the BLM
from implementing the regulations, finding they were in
violation of the National Environmental Policy Act of 1969
(NEPA), the Endangered Species Act, and FLPMA. Western
Watersheds Project v. Kraayenbrink, 538 F. Supp. 2d 1302 (D.
Idaho 2008). The court's decision was subsequently upheld by
the Ninth Circuit Court of Appeals, (Western Watersheds Project
v. Kraayenbrink, 632 F.3d 472 (9th Cir. 2010).
Grazing-related policy issues are often controversial and
many administrative decisions are appealed and then challenged
in Federal court. One area in particular that has been the
subject of much litigation has been the adequacy of agency NEPA
analysis associated with the issuance or renewal of a grazing
permit or lease.
In the 1990s, the Forest Service fell far behind in
completing necessary NEPA documents prior to renewing a grazing
permit or lease. When questions arose about the impact on
permittees not being able to renew a lease because of the
agency's failure to comply with the law, Congress enacted the
Rescissions Act of 1995 (Public Law 104-19, section 504). That
Act directed the Forest Service to establish a schedule for
completing required NEPA analysis, and pending completion of
the required analysis, providing for renewal of the grazing
permit or lease under the same terms and conditions as the
prior lease. The Forest Service was authorized to modify the
terms and conditions only after the NEPA analysis had been
completed. This authority was only applicable through the end
of FY 1996, but similar authority has been included in
subsequent Appropriations Acts since 1997.
As ordered reported, S. 258 seeks to improve agency
management of grazing activities and to provide greater
certainty to grazing permittees by authorizing longer-term
grazing permits, by codifying language included in recent
Appropriations Acts providing for the automatic renewal of
grazing permits until the appropriate NEPA analysis and
documentation is complete; by directing the agencies to conduct
environmental reviews to the extent practicable on a multiple
allotment basis, by authorizing the issuance of grazing permits
or leases to be categorically excluded from NEPA analysis if
certain rangeland health criteria or objectives in applicable
land resource management plans are achieved, and by making
other changes to BLM and Forest Service grazing policies as
described in the section-by-section analysis, below.
Legislative History
S. 258 was introduced by Senators Barrasso on February 7,
2013, and is consponsored by 8 Senators. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on the bill on
April 25, 2013 (S. Hrg. 113-28). At its business meeting on
November 21, 2013, the Committee ordered S. 258 favorably
reported, with an amendment in the nature of a substitute.
A House companion bill, H.R. 657, sponsored by
Representative Labrador, was ordered reported by the House
Natural Resources Committee on June 12, 2013 (H. Rept. 113-
145). The text of H.R. 657 was included in H.R. 2954, the
Public Access and Lands Improvement Act, which passed the House
of Representatives by a vote of 220-194 on February 6, 2014.
In the 112th Congress, Senator Barrasso, introduced similar
legislation, S. 1129. The Subcommittee on Public Lands and
Forests held a hearing on S. 1129 on March 22, 2012 (S. Hrg.
112-642).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 21, 2013, by a voice vote of
a quorum present, recommends that the Senate pass S. 258, if
amended as described herein. Senators Landrieu and Cantwell
asked to be recorded as voting no.
Committee Amendment
During its consideration of S. 258, the Committee adopted
an amendment in the nature of a substitute.
As introduced, S. 258 doubled the term of a grazing permit
or lease from 10 to 20 years. The substitute amendment
preserves the requirement that a grazing permit or lease be
issued for a term of at least 10 years, but gives the Secretary
concerned discretion to issue a permit or lease for up to 20
years if the Secretary concerned determines that grazing
allotment is meeting applicable land health standards.
The substitute amendment retains language in S. 258 as
introduced providing for the terms of expired grazing permits
or leases to be continued under a new permit or lease until the
Secretary concerned completes necessary review and analysis
required by the National Environmental Policy Act and other
environmental laws, but modifies the language to be more
consistent with terminology and procedures under applicable law
and regulations.
The substitute amendment establishes a new pilot program to
allow for the voluntary relinquishment of up to 25 grazing
permits or leases per year in each of the States of Oregon and
New Mexico, and upon relinquishment, for grazing activities to
be permanently retired from the Federal land covered by the
permit or lease.
In addition, the substitute makes clarifying and conforming
changes. The amendment is described in detail in the section-
by-section analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``Grazing
Improvement Act.''
Section 2(1) amends section 402(a) of the Federal Land
Policy and Management Act of 1976 (FLPMA); (43 U.S.C. 1752(a))
to increase the term of grazing permits and leases from 10
years up to a maximum of 20 years if the Secretary of the
Interior (with respect to public lands) or the Secretary of
Agriculture (with respect to National Forest System lands) has
assessed and evaluated the associated grazing allotment, and
based on the assessment and evaluation has determined that the
allotment is meeting land health standards (for lands
administered by the Bureau of Land Management) or objectives in
the applicable land and resource management plan (for National
Forest System lands).
Paragraph (2) provides that the terms and conditions in a
grazing permit or lease that has expired, or was terminated due
to a grazing preference transfer, shall be continued under a
new grazing permit or lease until the Secretary concerned has
completed the necessary environmental analysis and
documentation required under the National Environmental Policy
Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and other applicable
laws. Upon completion of the NEPA analysis, the grazing permit
or lease may be canceled, suspended, or modified, in whole or
in part.
Paragraph (3) makes a conforming edit to reflect the
addition of the new subsection made by paragraph (4).
Paragraph (4) directs the Secretary concerned to seek to
conduct environmental reviews on an allotment or multiple
allotment basis, to the extent practicable, if allotments share
similar ecological conditions for purposes of complying with
NEPA and other applicable laws and adds new subsections (h) and
(i). New subsection (h) states that the issuance of a grazing
permit or lease by the Secretary concerned may be categorically
excluded from the requirement to prepare and environmental
analysis or environmental impact statement under NEPA, if the
permit or lease continues the current grazing management of the
allotment and the Secretary concerned has assessed and
evaluated the allotment and determined that it is meeting land
health standards (for lands administered by the Bureau of Land
Management) or objectives in the applicable land and resource
management plan (for National Forest System lands). The
paragraph includes similar authority to categorically exclude
trailing and crossing of livestock from NEPA analysis.
New subsection (i) provides that the Secretary concerned,
in his or her sole discretion, shall determine the priority and
timing for completing each required environmental analysis,
based on the environmental significance of the grazing permit
or lease and the available funding for the environmental
analysis.
Section 3 amends title IV of FLPMA (43 U.S.C. 1751 et seq.)
to add a new section 405, which establishes a pilot program in
the Department of the Interior and the Department of
Agriculture to authorize the voluntary relinquishment of a
limited number of grazing permits and leases in Oregon and New
Mexico, and provides that any permits or leases which are
voluntarily relinquished shall be permanently retired from
further grazing authorization. Under the pilot program, the
Secretary of the Interior and the Secretary of Agriculture
shall not accept the voluntary relinquishment of more than 25
grazing permits or leases in each of the two States. The
Secretary of the Interior, in collaboration with the Secretary
of Agriculture, is directed to prepare an annual report on the
pilot program identifying the number and location of permits
and leases that were relinquished during the preceding year.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 258--Grazing Improvement Act
CBO estimates that enacting S. 258 would affect offsetting
receipts, which are treated as reductions in direct spending;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that any such effects would be negligible over the
2014-2024 period. We also estimate that implementing the
legislation would have no significant impact on discretionary
spending. Enacting S. 258 would not affect revenues.
S. 258 would increase the maximum term of new grazing
permits on federal lands from 10 years to 20 years and allow
expired and transferred grazing permits to remain in effect
until new permits are issued by the Bureau of Land Management
or the Forest Service. Based on information provided by the
affected agencies, CBO estimates that enacting that provision
would have a minimal impact on offsetting receipts each year
because those agencies have the authority under current law to
extend expired permits. The bill would allow the affected
agencies to collect offsetting receipts from transferred
permits sooner than they would under current law; however,
because the number of permits that would be affected each year
accounts for less than 5 percent of all federal grazing
permits, the net budgetary impact would be negligible. In 2013,
gross federal collections from all grazing permits totaled
roughly $20 million.
Because the bill would allow transferred permits to remain
in effect under the terms of the original permit until that
permit expires, CBO expects that the agencies would receive
fewer requests for new permits in the next few years; however,
because those permits would need to be renewed in later years,
CBO estimates that implementing the provision would have no
significant net effect on agencies' workloads over the 2014-
2019 period.
The legislation would allow the exclusion of certain
grazing lands from compliance with the National Environmental
Policy Act (NEPA). CBO estimates that implementing that
provision would have no effect on discretionary spending
because we expect that any reduction in spending on NEPA
activities on those lands would be offset by spending to reduce
the agencies' backlog of incomplete NEPA activities on other
federal lands.
Finally, S. 258 would require the Secretary of the Interior
to accept permits that are voluntarily relinquished by current
permit holders. Under the bill, relinquished permits would be
terminated and future grazing on land covered by those permits
would be prohibited. Based on information from the affected
agencies, CBO expects that a small number of permits would be
relinquished if the bill is enacted, and we estimate that
enacting the bill would have a minimal impact on offsetting
receipts from grazing fees over the 2014-2024 period.
S. 258 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On June 20, 2013, CBO transmitted a cost estimate for H.R.
657, the Grazing Improvement Act, as ordered reported by the
House Committee on Natural Resources on June 12, 2013. The two
bills are similar, and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 258.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 258, as ordered reported.
Congressionally Directed Spending
S. 258, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by Forest Service and Bureau of Land
Management at the July 30, 2013, Subcommittee on Public Lands,
Forests, and Mining hearing on S. 258 follows:
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 258 the Grazing Improvement Act. The Department
supports this bill. We believe that this bill would increase
efficiencies, but not at the expense of good land stewardship.
The Department understands and shares the Committee's
desire for increasing administrative efficiencies for both the
Forest Service and the permittee and while the Department
supports certain provisions, we cannot support S. 258 as
written. The Department specifically has concerns with
requirements and definitions in the use of categorical
exclusions. The Department also recognizes that the Forest
Service and the Bureau of Land Management operate under
different authorities, such as the Rescissions Act of 1995,
which determines how the Forest Service is to apply NEPA for
grazing allotments. As a result, various provisions in S. 258
affect the agencies differently. We therefore defer to the
Department of Interior on those provisions that don't directly
affect the Forest Service, or the impacts of those provisions
on Department of the Interior programs.
The Forest Service enjoys a cooperative relationship with
the vast majority of the over 6,800 individuals who hold
permits for grazing, permitting approximately 8.2 million
animal unit months on nearly 94 million acres of National
Forests and Grasslands. Grazing permittees have helped provide
for the effective stewardship of our public lands for many
decades. While the vast majority of the grazing permittees are
excellent stewards in caring for range resources, there are
some areas where permittees need to take action to improve
range conditions. The Forest Service is working with many
permittees to make such improvements.
In addition, the Forest Service's grazing program not only
helps support the economies of rural communities across the
west, but it also helps maintain open space on private lands.
Most permittees utilize and need both public and private lands
to graze livestock economically. The loss of grazing on public
lands can result in the loss of grazing on private lands that
may lead to the conversion of private open space to other uses
such as subdivision development.
S. 258 would revise the permitting process for grazing in
the Federal Land Policy and Management Act of 1976.
Specifically, the bill would extend the duration of the permit
from 10 years to 20 years. The bill also would make permanent
the language used in annual appropriation riders which has
required expiring permits to be renewed with existing terms and
conditions if the National Environmental Policy Act (NEPA) has
not been completed on allotments associated with the permit. It
further would expand the appropriation riders language to
include transferred or waived permits or leases.
The bill would establish and require the use of categorical
exclusions (CE) and prohibit the agencies from preparing an
environmental assessment or environmental impact statement
under NEPA. CEs, which require no public notice, would apply if
a decision continues the current grazing management on an
allotment; monitoring has indicated that the current grazing
management has met or is satisfactorily moving towards meeting
land use management plan objectives; or the decision is
consistent with the policy of the Department regarding
extraordinary circumstances. While we support providing the
line officer with the option to use a categorical exclusion
category where the parameters of what constitutes a minor
adjustment are narrowly defined, we do not support requiring
use of categorical exclusions. The bill also would provide the
Secretary with the sole discretion to determine the priority
and timing for completing the environmental analysis of a
grazing allotment, notwithstanding the schedule in section 504
of the Rescissions Act.
S. 258 also exempts crossing and trailing authorizations as
well as the transfer of grazing preference from NEPA. We defer
to the Department of the Interior on these provisions.
S. 258 would require that grazing permits be issued for a
term of 20 years rather than the current 10-year term. Permits
may be issued for a shorter term on land that is pending
disposal or will be devoted to a public purpose, or where it is
in the best interest of sound land management on those
allotments that have not had initial NEPA.
The Department understands and shares the Committee's
desire for increasing administrative efficiencies for both the
Forest Service and the permittee. The Department can support
the concept of having the flexibility to issue a longer term
permit where current management is continued and the allotments
are being monitored to assure they are meeting Forest Plan
standards. The Department believes that the Secretary
rightfully should have the sole discretion to determine the
priority and timing for completing environmental analyses of
grazing allotments, as is always the case under NEPA. We do
not, however, support being limited to only using CEs in
certain instances for grazing permits. We have completed NEPA
analyses on three-fourths of our grazing allotments. We have
been able to move forward with our renewed, reissued and
transferred grazing permit program. Our analyses, with or
without a CE, have been helpful in determining range
conditions, a matter of great concern to all permittees and the
Forest Service. We look forward to continuing to work with the
committee and sponsors of this bill.
This concludes my testimony and I would be happy to answer
any questions that you may have.
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for the opportunity to present the views of the
Department of the Interior (Department) on S. 258, the Grazing
Improvement Act. The Bureau of Land Management (BLM) is
dedicated to a broad range of stewardship goals, including the
long-term health and viability of the public rangelands. Our
Nation's rangelands provide and support a variety of goods,
services, and values important to Americans. In addition to
being an important source of forage for livestock, healthy
rangelands conserve soil, store and filter water, sequester
carbon, provide a home for an abundance of wildlife, provide
scenic beauty and are the setting for many forms of outdoor
recreation.
The BLM recognizes that the conservation and sustainable
use of rangelands is important to those who make their living
on these landscapes--including public rangeland permittees.
Public land livestock operations are important to the economic
well-being and cultural identity of the West and to rural
Western communities. Livestock grazing is an integral part of
BLM's multiple-use mission, and at the right levels and timing,
can serve as an important vegetation management tool, improving
wildlife habitat and reducing risk of catastrophic wildfire.
The BLM is committed to collaborating with those who work
on the public lands and takes seriously its challenge to
conserve and manage healthy rangelands for current and future
generations.
The Department shares the Sub-committee's interest in
identifying opportunities for increasing efficiencies in public
land grazing administration, as well as finding ways to make
permit renewal less complex, costly, and time-consuming. The
BLM would like to work with the Committee to further these
shared goals. However, the Department cannot support S. 258 as
it limits the BLM's ability to provide for appropriate
environmental review and public involvement--critical
components of the BLM's multiple-use management of the public
lands. The Department looks forward to continuing a dialogue
with the Congress on these important matters.
background
The BLM manages over 17,000 livestock grazing permits and
leases for 12.4 million AUMs (animal unit months) across 155
million acres of public lands in the West. Since 1999, the BLM
has evaluated the health of the rangelands based on standards
and guidelines that were developed with extensive input from
the ranching community, as well as from scientists,
conservationists, and other Federal and state agencies. The BLM
collects monitoring and assessment data to compare current
conditions with the standards and land use plan objectives.
This information is used to complete environmental assessments,
to develop alternative management actions, and to modify
grazing management as needed.
The BLM administers the range program through issuance of
grazing permits or leases. The Federal Land Policy and
Management Act (FLPMA) provides for a 10-year (or less) term
for grazing permits. In a typical year, the BLM processes up to
2,000 permit renewals or transfers. In 1999 and 2000, the BLM
saw a spike in permit renewals, when over 7,200 permits were
due for renewal. The BLM was unable to process all those
permits before expiration, which resulted in a backlog of
grazing permit renewals that remains today. By the end of the
2013 Fiscal Year, the BLM anticipates that a backlog of 4,964
unprocessed permits will remain. Congress has assisted the BLM
since Fiscal Year 2004 by adding language to Appropriations
measures that allow grazing leases and permits to continue in
effect until the agency has completed processing a renewal,
transfer, or waiver. The BLM is committed to eliminating the
backlog of grazing permit renewals and to issuing permits in
the year they expire. An increase in appeals and litigation of
grazing management decisions continues to pose significant
workload and resource challenges for the BLM.
The BLM will continue to focus on grazing permits for the
most environmentally sensitive allotments, using authorities
Congress provided in the FY 2012 Consolidated Appropriations
Act concerning grazing permit renewals and transfers. This
strategy will allow the BLM to address a wide array of critical
resource management issues through its land health assessments
and grazing decisions. Additionally, this strategy will help
ensure that the backlog of unprocessed permits consists of the
least environmentally sensitive allotments that are more
custodial in nature and/or that are already meeting land health
standards.
s. 258
S. 258 provides for automatic renewal of all expired,
transferred, or waived permits, and categorically excludes all
permit renewals, reissuance, or transfers from preparation of
an environmental analysis under the National Environmental
Policy Act (NEPA) if the decision continues current grazing
management of the allotment. Terms and conditions of the permit
would continue until a permit is later renewed in full
compliance with NEPA and other Federal laws. The bill does not
first require a determination that the permittee is meeting
land health standards. S. 258 doubles the duration of grazing
permits from 10 to 20 years, and stipulates that livestock
crossing and trailing permits and transfers of grazing
preference are exempt from analysis under NEPA.
The Department supports the concept of having the
flexibility to issue longer term permits in certain
circumstances, as well as the transfer provision that is
currently in place under the FY 2012 Consolidated
Appropriations Act. That provision is expected to reduce the
permit renewal workload in 2013 by about 700 permits. The
number of transfers needing processing each year is
unpredictable, posing significant challenges to the BLM as it
works to manage staff and other resources.
S. 258 includes provisions that the Department cannot
support since they provide for automatic permit or lease
renewal without requiring further analysis or assurances the
permittee is meeting land health standards. The bill limits the
BLM's ability to provide for appropriate environmental review
and public involvement. S. 258 would result in the majority of
permits being renewed under a categorical exclusion. The
engagement of the public through the environmental review
process under NEPA is a crucial component of the BLM's
multiple-use management of the public lands. In summary, while
S. 258 contains provisions that would expedite permitting, the
Department cannot support it because of the overarching impact
the bill could have on the 155 million acres of public lands
used for livestock grazing, potentially affecting other valid
uses and the health of the land itself.
conclusion
Thank you for the opportunity to present testimony on S.
258. The BLM looks forward to working with the Congress to
develop improvements to the grazing permit renewal process
while maintaining the integrity of NEPA, the Nation's bedrock
environmental and citizen involvement law, and FLPMA, our
multiple-use statute requiring consideration of many uses and
values of the public lands. I will be pleased to answer any
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 258 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
(PUBLIC LAW 94-579)
(43 U.S.C. 1701 ET SEQ.)
AN ACT To establish public land policy; to establish guidelines for its
administration; to provide for the management, protection, development,
and enhancement of the public lands; and for other purposes.
* * * * * * *
TITLE IV--RANGE MANAGEMENT
* * * * * * *
SEC. 402. GRAZING LEASES AND PERMITS
(a) [Except as] (1) In General.--Except as as provided in
subsection (b) of this section, permits and leases for domestic
livestock grazing on public lands issued by the Secretary under
the Act of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C.
315 et seq.) or the Act of August 28, 1937 (50 Stat. 874, as
amended; 43 U.S.C. 1181a-1181j), or by the Secretary of
Agriculture, with respect to lands within National Forests in
the sixteen contiguous Western States, shall be for a term of
[ten years subject] 10 years, up to a maximum term of 20 years,
if the Secretary concerned--
(i) has assessed and evaluated the grazing allotment
associated with the permit or lease; and
(ii) based on the assessment and evaluation under
clause (i), has determined that the grazing allotment
is--
(I) with respect to public land administered
by the Secretary of the Interior, meeting land
health standards; or
(II) with respect to National Forest System
land administered by the Secretary of
Agriculture, meeting objectives in the
applicable land and resource management plan.
(2) Cancellation, Suspension, and Modification.--The permit
or lease shall be subject to such terms and conditions the
Secretary concerned deems appropriate and consistent with the
governing law, including, but not limited to, the authority of
the Secretary concerned to cancel, suspend, or modify a grazing
permit or lease, in whole or in part, pursuant to the terms and
conditions thereof, or to cancel or suspend a grazing permit or
lease for any violation of a grazing regulation or of any term
or condition of such grazing permit or lease.
* * * * * * *
(C) [So long as] (1) Renewal of Expiring or Transferred
Permit or Lease.--During any period in which [(1)] (A) the
lands for which the permit or lease is issued remain available
for domestic livestock grazing in accordance with land use
plans prepared pursuant to section 1712 of this title or
section 1604 of title 16, [(2)] (B) the permittee or lessee is
in compliance with the rules and regulations issued and the
terms and conditions in the permit or lease specified by the
Secretary concerned, and [(3)] (C) the permittee or lessee
accepts the terms and conditions to be included by the
Secretary concerned in the new permit or lease, the holder of
the expiring permit or lease shall be given first priority for
receipt of the new permit or lease.
(2) Continuation of Terms Under New Permit or Lease.--The
terms and conditions in a grazing permit or lease that has
expired, or was terminated due to a grazing preference
transfer, shall be continued under a new permit or lease until
the date on which the Secretary concerned completes any
environmental analysis and documentation for the permit or
lease required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
(3) Completion of Processing.--As of the date on which the
Secretary concerned completes the processing of a grazing
permit or lease in accordance with paragraph (2), the permit or
lease may be canceled, suspended, or modified, in whole or in
part.
(4) Environmental Reviews.--The Secretary concerned shall
seek to conduct environmental reviews on an allotment or
multiple allotment basis, to the extent practicable, if the
allotments share similar ecological conditions, for purposes of
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other applicable laws.
* * * * * * *
(h) National Environmental Policy Act of 1969.--
(1) In General.--The issuance of a grazing permit or
lease by the Secretary concerned may be categorically
excluded from the requirement to prepare an
environmental assessment or an environmental impact
statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) if--
(A) the issued permit or lease continues the
current grazing management of the allotment;
and
(B) the Secretary concerned--
(i) has assessed and evaluated the
grazing allotment associated with the
lease or permit; and
(ii) based on the assessment and
evaluation under clause (i), has
determined that the allotment--
(I) with respect to public
land administered by the
Secretary of the Interior--
(aa) is meeting land
health standards; or
(bb) is not meeting
land health standards
due to factors other
than existing livestock
grazing; or
(II) with respect to National
Forest System land administered
by the Secretary of
Agriculture--
(aa) is meeting
objectives in the
applicable land and
resource management
plan; or
(bb) is not meeting
the objectives in the
applicable land
resource management
plan due to factors
other than existing
livestock grazing.
(2) Trailing and Crossing.--The trailing and crossing
of livestock across public land and National Forest
System land and the implementation of trailing and
crossing practices by the Secretary concerned may be
categorically excluded from the requirement to prepare
an environmental assessment or an environmental impact
statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(i) Priority and Timing for Completion of 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 with
respect to a grazing allotment, permit, or lease based on--
(1) the environmental significance of the grazing
allotment, permit, or lease; and
(2) the available funding for the environmental
analysis.
[(h)] (j) Nothing in this Act shall be construed as
modifying in any way law existing on October 21, 1976, with
respect to the creation of right, title, interest or estate in
or to public lands or lands in National Forests by issuance of
grazing permits and leases.
* * * * * * *
SEC. 405. VOLUNTARILY RELINQUISHMENT PILOT PROGRAM.--
(a) In General.--There is established in the Department of
the Interior and the Department of Agriculture a pilot program
that--
(1) authorizes the voluntary relinquishment of
grazing permits or leases in the eligible States
specified in subsection (f); and
(2) provides that grazing permits or leases
voluntarily relinquished under this section shall be
permanently retired from further grazing authorization.
(b) Acceptance by Secretary and Secretary of Agriculture.--
(1) In general.--Subject to paragraph (2), within the
eligible States specified in subsection (f)--
(A) the Secretary shall accept the voluntary
relinquishment of any valid permits or leases
authorizing grazing on public land; and
(B) the Secretary of Agriculture shall accept
the voluntary relinquishment of any valid
permits or leases authorizing grazing on land
in the National Forest System.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary and the Secretary of Agriculture shall not
accept the voluntarily relinquishment of more than 25
grazing permits or leases per year in each of the
eligible States specified in subsection (f).
(c) Termination.--With respect to each permit or lease
voluntarily relinquished under subsection (a), the Secretary
concerned shall--
(1) terminate the grazing permit or lease; and
(2) except as provided in subsection (d), ensure a
permanent end to grazing on the land covered by the
permit or lease.
(d) Common Allotments.--
(1) In general.--If the land covered by a grazing
permit or lease that has been voluntarily relinquished
under subsection (a) is also covered by another valid
existing grazing permit or lease that is not
voluntarily relinquished under subsection (a), the
Secretary concerned shall reduce the authorized grazing
level on the land covered by the permit or lease to
reflect the relinquishment of the grazing permit or
lease.
(2) Authorized level.--To ensure that there is a
permanent reduction in the level of grazing on the land
covered by a grazing permit or lease that has been
voluntarily relinquished under subsection (a), the
Secretary shall not allow grazing use to exceed the
authorized level established under paragraph (1).
(3) Partial relinquishment.--
(A) In general.--If a person holding a valid
grazing permit or lease voluntarily
relinquishes less than the full level of
grazing use authorized under the permit or
lease, the Secretary concerned shall--
(i) reduce the authorized grazing
level to reflect the voluntarily
relinquishment; and
(ii) modify the grazing permit or
lease to reflect the revised level of
use.
(B) Authorized level.--To ensure that there
is a permanent reduction in the authorized
level of grazing on the land covered by a
permit or lease which has been voluntarily
relinquished under subparagraph (A), the
Secretary shall not allow grazing use to exceed
the authorized level established under that
subparagraph.
(e) Annual Report.--
(1) In general.--The Secretary, in collaboration with
the Secretary of Agriculture, shall prepare an annual
report on the pilot program that assesses the
activities undertaken under the pilot program during
the preceding year, including the number and location
of grazing permits and leases that were voluntarily
relinquished during the preceding year.
(2) Submission to congress.--The Secretary shall
submit the annual report prepared under paragraph (1)
to--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(f) Eligible States.--The authority of the Secretary and
the Secretary of Agriculture to accept voluntary
relinquishments in accordance with this section shall be
limited to grazing allotments in the States of New Mexico and
Oregon.
* * * * * * *