Resiliency for Ranching and Natural Conservation Health Act

II 117TH CONGRESS 1ST SESSION S. 1264 To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing permits and leases, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 21, 2021 Mr. BARRASSO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing permits and leases, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Resiliency for Ranch- 4 ing and Natural Conservation Health Act’’. 5 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1264 IS SEC. 2. TEMPORARY USE OF VACANT GRAZING ALLOT- 1 MENTS FOR HOLDERS OF GRAZING PERMITS 2 OR LEASES DURING EXTREME NATURAL 3 EVENTS AND DISASTERS. 4 Title IV of the Federal Land Policy and Management 5 Act of 1976 (43 U.S.C. 1751 et seq.) is amended by add- 6 ing at the end the following: 7 ‘‘SEC. 405. VACANT GRAZING ALLOTMENTS MADE AVAIL- 8 ABLE TO HOLDERS OF GRAZING PERMITS OR 9 LEASES DURING EXTREME NATURAL EVENTS 10 AND DISASTERS. 11 ‘‘(a) DEFINITION OF SECRETARY CONCERNED.—In 12 this section, the term ‘Secretary concerned’ means— 13 ‘‘(1) the Secretary of Agriculture, with respect 14 to National Forest System land; and 15 ‘‘(2) the Secretary, with respect to public lands. 16 ‘‘(b) ALLOTMENTS.— 17 ‘‘(1) IN GENERAL.—To the maximum extent 18 practicable, the Secretary concerned shall make 19 available to the holder of a grazing permit or lease 20 issued by either Secretary concerned the temporary 21 use of a vacant grazing allotment if 1 or more graz- 22 ing allotments covered by the grazing permit or lease 23 of the holder of the grazing permit or lease are tem- 24 porarily unusable, as determined by the Secretary 25 concerned, because of resource conditions from un- 26 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1264 IS foreseen natural events or disasters (including an ex- 1 treme weather event, drought, wildfire, infestation, 2 or blight). 3 ‘‘(2) TERMS AND CONDITIONS.—In establishing 4 the terms and conditions in a permit or lease for the 5 temporary use of a vacant grazing allotment made 6 available pursuant to this subsection, the Secretary 7 concerned— 8 ‘‘(A) shall take into consideration the 9 terms and conditions of the most recent permit 10 or lease that was applicable to the vacant graz- 11 ing allotment; 12 ‘‘(B) if there are no terms or conditions 13 available for consideration under subparagraph 14 (A), may assign temporary terms or conditions, 15 after considering ecological conditions of, or 16 terms on, adjacent grazing allotments; 17 ‘‘(C) shall base the terms and conditions 18 on local ecological conditions, as determined by 19 the applicable official; 20 ‘‘(D) shall take into consideration other 21 factors, including any prior agency agreement 22 that resolved or sought to resolve a manage- 23 ment conflict, including a conflict related to 24 State management of wildlife; and 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1264 IS ‘‘(E) may authorize the placement and use 1 of temporary portable corrals and water troughs 2 on the vacant grazing allotment to accommo- 3 date the temporary use. 4 ‘‘(3) COORDINATION.—To the maximum extent 5 practicable, the Secretaries concerned shall coordi- 6 nate to make available to holders of grazing permits 7 or leases the use of vacant grazing allotments, re- 8 gardless of agency jurisdiction over vacant grazing 9 allotments, pursuant to paragraphs (1) and (2). 10 ‘‘(4) ADDITIONAL CONSIDERATIONS; EFFECT.— 11 ‘‘(A) ADDITIONAL CONSIDERATIONS.—For 12 purposes of determining whether to make avail- 13 able the temporary use of a vacant grazing al- 14 lotment under paragraph (1), the Secretary 15 concerned shall consider whether there is a 16 court-issued injunction in effect as of the date 17 of the determination that constrains or other- 18 wise limits the use of an allotment for which 19 the permit or lease has been issued. 20 ‘‘(B) EFFECT.—The temporary use of a 21 vacant grazing allotment under this subsection 22 shall not— 23 ‘‘(i) preclude or otherwise alter other 24 ongoing or future actions or assessments 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1264 IS evaluating the potential of the vacant graz- 1 ing allotment to be used or otherwise as- 2 signed; or 3 ‘‘(ii) alter— 4 ‘‘(I) the terms and conditions of 5 the original grazing permit or lease of 6 the holder of the grazing permit or 7 lease; 8 ‘‘(II) the preference or ability of 9 the holder of the grazing permit or 10 lease to return to the original allot- 11 ment once access to, or the use of, the 12 original allotment is restored; or 13 ‘‘(III) the animal unit months in 14 future authorizations, or conditions of 15 a permit, of the holder of the grazing 16 permit or lease. 17 ‘‘(c) DURATION.—The Secretary concerned shall de- 18 termine the duration of the temporary use of a vacant 19 grazing allotment made available pursuant to subsection 20 (b), after considering the period of time necessary for the 21 original allotment of the holder of the grazing permit or 22 lease to return to use, not to exceed 3 consecutive grazing 23 seasons. 24 ‘‘(d) GUIDELINES.— 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1264 IS ‘‘(1) IN GENERAL.—Not later than 1 year after 1 the date of enactment of this section, the Secretary 2 concerned shall establish guidelines to expeditiously, 3 efficiently, and effectively carry out activities author- 4 ized under this section. 5 ‘‘(2) CONSIDERATIONS.—In establishing the 6 guidelines under paragraph (1), the Secretary con- 7 cerned may consider— 8 ‘‘(A) eligibility criteria for the holders of 9 grazing permits or leases; 10 ‘‘(B) prioritizing holders of grazing per- 11 mits or leases in close proximity to a vacant 12 grazing allotment; 13 ‘‘(C) any class or change in class of live- 14 stock on the temporary use of a vacant grazing 15 allotment, with consideration given to local eco- 16 logical conditions, disease, wildlife conflicts, and 17 other factors based on localized conditions; 18 ‘‘(D) processes for coordinating with allot- 19 ments adjoining or within the vicinity of a va- 20 cant grazing allotment; and 21 ‘‘(E) any other processes intended to expe- 22 dite procedures for making vacant grazing allot- 23 ments available during emergent cir- 24 cumstances.’’. 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1264 IS SEC. 3. PUBLIC RANGELAND RESILIENCY FUNDS. 1 (a) INVESTMENT OF AMOUNTS IN THE LAND AND 2 WATER CONSERVATION FUND.—Section 200302 of title 3 54, United States Code, is amended— 4 (1) by redesignating subsection (c) as sub- 5 section (d); and 6 (2) by inserting after subsection (b) the fol- 7 lowing: 8 ‘‘(c) INVESTMENT OF AMOUNTS.— 9 ‘‘(1) IN GENERAL.—On request of the Sec- 10 retary, the Secretary of the Treasury may invest any 11 portion of the Fund (including amounts in the Fund 12 that are appropriated but not disbursed) that is not, 13 as determined by the Secretary, required to meet the 14 current needs of the Fund, but not to exceed such 15 amounts as are necessary to generate $15,000,000 16 in investment income per year under paragraph (2). 17 ‘‘(2) REQUIREMENT.—An investment of 18 amounts made available under paragraph (1) shall 19 be made by the Secretary of the Treasury in a pub- 20 lic debt security— 21 ‘‘(A) with a maturity suitable for the au- 22 thorized uses described in subsection (c)(2) of 23 section 401 of the Federal Land Policy and 24 Management Act of 1976 (43 U.S.C. 1751); 25 and 26 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1264 IS ‘‘(B) bearing interest at a rate determined 1 by the Secretary of the Treasury, taking into 2 consideration current market yields on out- 3 standing marketable obligations of the United 4 States of comparable maturity. 5 ‘‘(3) RANGE BETTERMENT ACCOUNT.—The in- 6 come on investments of the Fund under this sub- 7 section shall be credited to, and used for purposes 8 of an account established in the Treasury, to be 9 known as the ‘range betterment account’, to be used 10 in accordance with subsection (c) of section 401 of 11 the Federal Land Policy and Management Act of 12 1976 (43 U.S.C. 1751).’’. 13 (b) RANGE BETTERMENT ACCOUNT.—Section 401 of 14 the Federal Land Policy and Management Act of 1976 15 (43 U.S.C. 1751) is amended by adding at the end the 16 following: 17 ‘‘(c) RANGE BETTERMENT ACCOUNT.— 18 ‘‘(1) DEFINITION OF SECRETARY CON- 19 CERNED.—In this section, the term ‘Secretary con- 20 cerned’ means— 21 ‘‘(A) the Secretary of Agriculture, with re- 22 spect to National Forest System land; and 23 ‘‘(B) the Secretary, with respect to public 24 lands. 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1264 IS ‘‘(2) USE OF FUNDS.—Of the amounts available 1 in the account established under section 2 200302(c)(3) of title 54, United States Code (re- 3 ferred to in this subsection as the ‘account’)— 4 ‘‘(A) $10,000,000 shall be made available 5 for each fiscal year to carry out rangeland im- 6 provement projects under subsection (b)(1), in- 7 cluding for all forms of rangeland betterment, 8 management, and improvement activities, in- 9 cluding seeding and reseeding, fence construc- 10 tion, the use of a temporary structure (such as 11 a corral), an invasive plant or weed control 12 measure or treatment, water development, and 13 any other activity that advances healthy range- 14 land improvement, habitat, and resiliency; and 15 ‘‘(B) $5,000,000 shall be available for each 16 fiscal year to enhance, expand, or improve ac- 17 cess opportunities producing co-benefits for 18 hunting and recreation activities on public lands 19 or National Forest System land under the juris- 20 diction of the Secretary concerned through pub- 21 lic access agreements (including cooperative 22 agreements or special use agreements) that im- 23 prove or provide for permanent, temporary, or 24 seasonal access to private land through which 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1264 IS individuals would need to traverse to access the 1 public lands or National Forest System land, 2 subject to paragraph (5)(B). 3 ‘‘(3) ADDITIONAL FUNDS.—Amounts made 4 available from the account for rangeland improve- 5 ment projects under paragraph (2), shall be— 6 ‘‘(A) available, without further appropria- 7 tion; and 8 ‘‘(B) in addition to amounts received from 9 fees or other appropriations for those projects 10 or public access agreements. 11 ‘‘(4) AVAILABILITY.—To provide sufficient 12 flexibility for multiyear contracts, procurement, and 13 agreements, amounts made available under sub- 14 section (b)(1) and paragraph (2) shall remain avail- 15 able for expenditure, without fiscal year limitation, 16 until expended. 17 ‘‘(5) COORDINATION; AGREEMENTS.— 18 ‘‘(A) RANGELAND IMPROVEMENT 19 PROJECTS.— 20 ‘‘(i) COORDINATION.—In carrying out 21 rangeland improvement projects using 22 amounts made available under subsection 23 (b)(1) and paragraph (2)(A), the Secretary 24 concerned shall coordinate with holders of 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1264 IS grazing permits or leases to ensure collabo- 1 rative and coordinated efforts. 2 ‘‘(ii) COOPERATIVE AGREEMENTS.— 3 The Secretary concerned may enter into a 4 cooperative agreement with the holder of a 5 grazing permit or lease to carry out range- 6 land improvement projects using amounts 7 made available under subsection (b)(1) and 8 paragraph (2)(A) that would benefit land, 9 regardless of ownership, within the grazing 10 allotment associated with the applicable 11 grazing permit or lease. 12 ‘‘(B) PUBLIC ACCESS AGREEMENTS.— 13 ‘‘(i) REQUIREMENTS, PROHIBITIONS, 14 AND AUTHORIZATIONS.—A public access 15 agreement entered into under paragraph 16 (2)(B)— 17 ‘‘(I) shall— 18 ‘‘(aa) be negotiated by the 19 Secretary concerned with willing 20 landowners; 21 ‘‘(bb) establish the terms of 22 the public access or any enhance- 23 ment project carried out under 24 the public access agreement, in- 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1264 IS cluding the duration of the public 1 access agreement; and 2 ‘‘(cc) be entered into volun- 3 tarily by a willing landowner; 4 ‘‘(II) shall not convey to the pub- 5 lic any right to hunt or otherwise 6 carry out recreational activities on the 7 private land subject to the public ac- 8 cess agreement; and 9 ‘‘(III) may— 10 ‘‘(aa) be entered into with- 11 out reimbursement to the willing 12 landowner, if the willing land- 13 owner volunteers to not receive 14 reimbursement; or 15 ‘‘(bb) provide for reimburse- 16 ment by the Secretary concerned, 17 as applicable, to the willing land- 18 owner, with the amount of the re- 19 imbursement to be determined by 20 the Secretary concerned— 21 ‘‘(AA) using the prin- 22 ciples of ‘roughly equivalent 23 value’ or another cost or 24 valuation method; and 25 VerDate Sep 11 2014 00:05 May 19, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 1264 IS ‘‘(BB) which may not 1 require a formal appraisal, if 2 the Secretary concerned de- 3 termines that an appraisal is 4 unnecessary because the 5 valuation is uncomplicated 6 and the anticipated value is 7 estimated to be $10,000 or 8 less, based on a review of 9 available data. 10 ‘‘(ii) PRIORITY.—In entering into 11 public access agreements under paragraph 12 ( [Text truncated for display. 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