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