[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1942 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1942
To provide for the establishment of a land health management program on
Federal land in Malheur County, Oregon, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2025
Mr. Wyden (for himself and Mr. Merkley) 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 a land health management program on
Federal land in Malheur County, Oregon, 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 ``Malheur Community Empowerment for
the Owyhee Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) County.--The term ``County'' means Malheur County,
Oregon.
(3) Federal land.--The term ``Federal land'' means land in
the County managed by the Bureau.
(4) Long-term ecological health.--The term ``long-term
ecological health'', with respect to an ecosystem, means the
ability of the ecological processes of the ecosystem to
function in a manner that maintains the composition, structure,
activity, and resilience of the ecosystem over time, including
an ecologically appropriate diversity of plant and animal
communities, habitats, connectivity, and conditions that are
sustainable through successional processes.
(5) Malheur c.e.o. group.--The term ``Malheur C.E.O.
Group'' means the group established by section 4(b).
(6) Operational flexibility.--The term ``operational
flexibility'', with respect to grazing on the Federal land,
means--
(A) a seasonal adjustment of livestock positioning
for the purposes of that grazing pursuant to a flexible
grazing use authorized under the program with respect
to which written notice is provided; or
(B) an adjustment of water source placement with
respect to which written notice is provided.
(7) Program.--The term ``program'' means the Malheur County
Grazing Management Program authorized under section 3(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Oregon.
SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.
(a) In General.--The Secretary may carry out a grazing management
program on the Federal land, to be known as the ``Malheur County
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) Permit Operational Flexibility.--
(1) Flexible grazing use alternative for a grazing permit
or lease.--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 analyze 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 applicable grazing permittee or lessee;
(B) affected Federal and State agencies;
(C) the Malheur C.E.O. Group;
(D) the Burns Paiute Tribe or the Fort McDermitt
Paiute and Shoshone Tribes, as applicable;
(E) other landowners in the affected allotment; and
(F) interested members of the public.
(3) Implementation of interim operational flexibilities.--
If an applicable monitoring plan has been adopted under
paragraph (4), in order to improve long-term ecological health,
on 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 the applicable year due to
significant changes in weather, forage production, effects of
fire or drought, or other temporary conditions--
(A) to adjust 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, as
applicable, under the grazing permit or lease, subject
to the requirements that--
(i) 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 permit or lease; and
(II) not later than 14 days after
the ending date specified in the
applicable permit or lease; and
(ii) the authorized grazing permittee or
lessee provides written notice of the
adjustment to the Bureau not later than 2
business days before the date of adjustment;
(B) to adjust the dates for pasture rotation based
on average vegetation stage and soil condition by not
more than 14 days, subject to the requirement that the
authorized grazing permittee or lessee shall provide to
the Bureau written notice of the adjustment not later
than 2 business days before the date of adjustment;
(C) to adjust the placement of water structures for
livestock or wildlife by not more than 100 yards from
an associated existing road, pipeline, or structure,
subject to applicable laws and the requirement that the
authorized grazing permittee or lessee shall provide to
the Bureau written notice of the adjustment not later
than 2 business days before the date of adjustment; and
(D) in a case in which the monitoring plan adopted
under paragraph (4) indicates alterations in the
operational flexibilities are necessary to achieve
ecological health or avoid immediate ecological
degradation of the allotment or allotment area, to
adjust the operational flexibilities immediately,
subject to the requirement that the authorized grazing
permittee or lessee shall provide written notice of the
adjustment to the Bureau and the individuals and
entities described in subparagraphs (B) through (F) of
paragraph (2).
(4) Monitoring plans.--
(A) Monitoring plans for permit flexibility.--
(i) In general.--The Secretary shall adopt
cooperative rangeland monitoring plans and
rangeland health objectives to apply to actions
taken under paragraph (1) and to monitor and
evaluate the improvements or degradations to
the long-term ecological health of the Federal
land under the program, in consultation with
grazing permittees or lessees and other
individuals and entities described in paragraph
(2), using existing or new scientifically
supportable data.
(ii) Requirements.--A monitoring plan
adopted under clause (i) shall--
(I) identify situations in which
providing operational flexibility in
grazing permit or lease uses under the
program is appropriate to improve long-
term ecological health of the Federal
land;
(II) identify ways in which
progress under the program would be
measured toward long-term ecological
health of the Federal land;
(III) include for projects
monitored under the program--
(aa) a description of the
condition standards for which
the monitoring is tracking,
including baseline conditions
and desired outcome conditions;
(bb) a description of
monitoring methods and
protocols;
(cc) a schedule for
collecting data;
(dd) an identification of
the responsible party for data
collection and storage;
(ee) an evaluation
schedule;
(ff) a description of the
anticipated use of the data;
(gg) provisions for
adjusting any components of the
monitoring plan; and
(hh) a description of the
method to communicate the
criteria for adjusting
livestock grazing use; and
(IV) provide for annual reports on
the effects of flexibility in grazing
permit or lease uses under the program
to allow the Secretary to make
management adjustments to account for
the information provided in the annual
report.
(B) Monitoring plans for interim operational
flexibility.--
(i) In general.--The Secretary shall adopt
cooperative rangeland utilization monitoring
plans and rangeland health objectives to apply
to actions taken under paragraph (3) and to
monitor and evaluate the improvements or
degradations to the long-term ecological health
of the Federal land identified for flexible use
under the program.
(ii) Requirements.--A monitoring plan
developed under clause (i) shall--
(I) evaluate the percent
utilization of available forage;
(II) identify the appropriate
percentage of utilization for the feed
type, ecosystem, time of year, and type
of animal using the allotment;
(III) include--
(aa) a description of the
utilization standards for which
the monitoring is tracking,
including baseline conditions
and desired outcome conditions;
(bb) a description of
utilization evaluation
protocol;
(cc) an evaluation schedule
identifying periods during
which utilization data will be
collected;
(dd) provisions for
adjusting any components of the
monitoring plan, including
acceptance of data from
identified third parties; and
(ee) a description of the
method to communicate the
criteria for adjusting
livestock grazing use based on
the on-the-ground conditions
after the period of use; and
(IV) provide for annual reports on
the effects of flexibility in grazing
permit or lease uses under the program
to allow the Secretary to make
management adjustments to account for
the information provided in the annual
report.
(5) Terms and conditions.--
(A) Preferred alternative.--If the Secretary
determines that an alternative considered under the
program that provides operational flexibility is the
preferred alternative, the Secretary shall--
(i) incorporate the alternative, including
applicable monitoring plans adopted under
paragraph (4), into the terms and conditions of
the applicable grazing permit or lease; and
(ii) specify how the 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 purposes of operational flexibility with respect to
a grazing use authorized under the terms and conditions
of a permit or lease with respect to which an
alternative has been incorporated under subparagraph
(A), the grazing permittee or lessee shall notify the
Secretary in writing of the proposed adjustment.
(C) Additional requirements.--The Secretary may
include any other requirements in a permit or lease
with respect to which an alternative has been
incorporated under subparagraph (A) that the Secretary
determines to be necessary.
(c) Review; Termination.--
(1) 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 program to determine whether the
objectives of the program are being met.
(B) No effect on program permits and leases.--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.
(2) Termination.--If, based on the review conducted under
paragraph (1), the Secretary determines that the objectives of
the program are not being met, the Secretary shall, on the date
that is 10 years after the date of enactment of this Act--
(A) modify the program in a manner to ensure that
the objectives of the program would be met; or
(B) terminate the program.
(d) No Effect on Grazing Privileges.--Nothing in this Act--
(1) affects grazing privileges provided under the Act of
June 28, 1934 (commonly known as the ``Taylor Grazing Act''; 43
U.S.C. 315 et seq.);
(2) requires the Secretary to consider modifying or
terminating the classification of any existing grazing district
on the Federal land in any subsequent plan or decision of the
Secretary; or
(3) precludes the Secretary from modifying or terminating
an existing permit or lease in accordance with applicable law
(including regulations).
SEC. 4. MALHEUR C.E.O. GROUP.
(a) Definitions.--In this section:
(1) Consensus.--The term ``consensus'' means a unanimous
agreement by the voting members of the Malheur C.E.O. Group
present and constituting a quorum at a regularly scheduled
business meeting of the Malheur C.E.O. Group.
(2) Federal agency.--
(A) In general.--The term ``Federal agency'' means
an agency or department of the Government of the United
States.
(B) Inclusions.--The term ``Federal agency''
includes--
(i) the Bureau of Reclamation;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau;
(iv) the United States Fish and Wildlife
Service; and
(v) the Natural Resources Conservation