[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4454 Reported in Senate (RS)]
<DOC>
Calendar No. 627
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
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Operational Flexibility
Grazing Management Program Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Bureau.--The term ``Bureau'' means the Bureau
of Land Management.</DELETED>
<DELETED> (2) Federal land.--The term ``Federal land'' means
land managed by the Bureau.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) differ from--</DELETED>
<DELETED> (i) the terms and conditions of
the applicable grazing permit or lease;
or</DELETED>
<DELETED> (ii) the administration of grazing
on the applicable allotment or allotment area
during the preceding year; or</DELETED>
<DELETED> (B) are based on emerging landscape
conditions or producer needs.</DELETED>
<DELETED> (4) Program.--The term ``program'' means the
Operational Flexibility Grazing Management Program authorized
under section 3(a).</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED>SEC. 3. OPERATIONAL FLEXIBILITY GRAZING MANAGEMENT
PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Flexible Grazing Use Alternative for a Grazing Permit
or Lease.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Consultation.--The Secretary shall develop
alternatives under paragraph (1) in consultation with--
</DELETED>
<DELETED> (A) the authorized grazing permittee or
lessee;</DELETED>
<DELETED> (B) affected Federal and State
agencies;</DELETED>
<DELETED> (C) applicable Indian Tribes;
and</DELETED>
<DELETED> (D) other landowners, permittees, or
lessees in the affected allotment.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) not earlier than 14 days
before the beginning date specified in the
applicable grazing permit or lease;
and</DELETED>
<DELETED> (ii) not later than 14 days after
the ending date specified in the applicable
grazing permit or lease; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) rangeland health objectives.</DELETED>
<DELETED> (e) Reporting Requirements; Review.--</DELETED>
<DELETED> (1) Reporting requirements.--</DELETED>
<DELETED> (A) Annual reports.--</DELETED>
<DELETED> (i) In general.--Annually, program
staff shall submit to the Secretary a report on
the program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Review.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) No Effect on Grazing Preference or Activities.--
Nothing in this Act--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) requires grazing permittees or lessees to
pursue operational flexibilities during the renewal, extension,
or authorization of a new grazing permit or lease;</DELETED>
<DELETED> (3) requires the Secretary to consider modifying
or terminating any grazing activity, authorization, or use;
or</DELETED>
<DELETED> (4) precludes the Secretary from modifying or
terminating an existing grazing permit or lease in accordance
with applicable law (including regulations).</DELETED>
<DELETED> (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.</DELETED>
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 a
change made to grazing management of an allotment that--
(A) modifies a grazing permit or lease to allow a
variance from the terms and conditions of the
applicable grazing permit or lease to exercise
flexibility by making adjustments to livestock grazing
use; or
(B) 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.
(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) (or a substantially similar successor memorandum), for the
sole purpose of providing to authorized grazing permittees and lessees,
on request of the applicable authorized grazing permittees and lessees,
increased operational flexibility to adapt to and improve the long-term
ecological health of the Federal land, in accordance with this section.
(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 of the applicable authorized grazing permittee or
lessee under the program, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Secretary shall develop and analyze at least 1 alternative to
provide operational flexibility in livestock grazing use to
account for changing conditions.
(2) New or renewed permit terms and conditions.--
(A) Preferred alternative.--If the Secretary
determines that an alternative developed and analyzed
under paragraph (1) is the preferred alternative, the
Secretary shall--
(i) incorporate the preferred alternative,
including the applicable monitoring plan, into
the terms and conditions of the applicable
grazing permit or lease; and
(ii) specify how monitoring information
with respect to the preferred alternative
should be used to inform management adjustments
under the program.
(B) Adjustments.--Before implementing any measure
for the purposes of operational flexibilities with
respect to which a grazing use authorized under the
terms and conditions of a permit or lease with respect
to which a preferred alternative has been incorporated
under subparagraph (A)(i), the authorized grazing
permittee or lessee shall notify the Secretary in
writing of the proposed adjustment.
(C) Applicable law.--The implementation of a
preferred alternative incorporated under subparagraph
(A)(i) in a component of the National Landscape
Conservation System shall be in accordance with the
laws (including regulations) applicable to the
component of the National Landscape Conservation
System.
(c) Interim Operational Flexibility.--
(1) In general.--At the request of an authorized grazing
permittee or lessee, the Secretary, using new and existing
data, may allow a temporary variance to the terms and
conditions of a grazing permit or lease to address significant
changes in weather, forage production, the effects of fire or
drought, or other temporary circumstances that impact resource
conditions, to facilitate the long-term ecological health of
the Federal land.
(2) Variances.--In approving a request for interim
operational flexibility, the Secretary may authorize a
temporary variance to the terms and conditions of the
applicable grazing permit or lease to adjust the beginning
date, the ending date, both the beginning date and ending date,
or water transportation, as applicable, as specified in the
applicable grazing permit or lease, subject to--
(A) the requirement that, 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--
(i) occurs--
(I) not earlier than 21 days before
the beginning date specified in the
applicable grazing permit or lease; or
(II) not later than 21 days after
the ending date specified in the
applicable grazing permit or lease; and
(ii) would not result in forage removal
that exceeds the amount of active use specified
in the applicable grazing permit or lease;
(B) the requirement that the authorized grazing
permittee or lessee provides notice of the adjustment
to the Bureau not later than 7 business days before the
date of adjustment; and
(C) any other terms and conditions the Secretary
determines to be appropriate.
(3) Monitoring plans for interim operational
flexibilities.--
(A) In general.--In accordance with applicable law
(including regulations) and applicable permit or lease
terms and conditions, an authorized grazing permittee
or lessee using interim operational flexibilities under
this subsection shall develop and use a monitoring plan
determined to be acceptable to the Secretary as a
reasonable way to track the effects of the interim
operational flexibilities under the program on the
long-term ecological health of the allotment on which
the interim operational flexibilities are used.
(B) Use of data; third-party data.--A monitoring
plan developed under subparagraph (A) shall include
provisions--
(i) allowing the use by the authorized