Federal
Malheur Community Empowerment for the Owyhee Act
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118TH CONGRESS
2D SESSION
S. 1890
AN ACT
To provide for the establishment of a land health manage-
ment program on Federal land in Malheur County, Or-
egon, 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
2
† S 1890 ES
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Malheur Community
2
Empowerment for the Owyhee Act’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
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(1) BUREAU.—The term ‘‘Bureau’’ means the
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Bureau of Land Management.
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(2) COUNTY.—The term ‘‘County’’ means
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Malheur County, Oregon.
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(3) FEDERAL LAND.—The term ‘‘Federal land’’
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means land in the County managed by the Bureau.
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(4) LONG-TERM
ECOLOGICAL
HEALTH.—The
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term ‘‘long-term ecological health’’, with respect to
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an ecosystem, means the ability of the ecological
14
processes of the ecosystem to function in a manner
15
that maintains the composition, structure, activity,
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and resilience of the ecosystem over time, including
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an ecologically appropriate diversity of plant and
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animal communities, habitats, connectivity, and con-
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ditions that are sustainable through successional
20
processes.
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(5)
MALHEUR
C.E.O.
GROUP.—The
term
22
‘‘Malheur C.E.O. Group’’ means the group estab-
23
lished by section 4(b).
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3
† S 1890 ES
(6) OPERATIONAL
FLEXIBILITY.—The term
1
‘‘operational flexibility’’, with respect to grazing on
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the Federal land, means—
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(A) a seasonal adjustment of livestock po-
4
sitioning for the purposes of that grazing pur-
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suant to a flexible grazing use authorized under
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the program with respect to which written no-
7
tice is provided; or
8
(B) an adjustment of water source place-
9
ment with respect to which written notice is
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provided.
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(7) PROGRAM.—The term ‘‘program’’ means
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the Malheur County Grazing Management Program
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authorized under section 3(a).
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(8) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of the Interior.
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(9) STATE.—The term ‘‘State’’ means the State
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of Oregon.
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SEC. 3. MALHEUR COUNTY GRAZING MANAGEMENT PRO-
19
GRAM.
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(a) IN GENERAL.—The Secretary may carry out a
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grazing management program on the Federal land, to be
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known as the ‘‘Malheur County Grazing Management Pro-
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gram’’, in accordance with applicable law (including regu-
24
lations) and the memorandum entitled ‘‘Bureau of Land
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4
† S 1890 ES
Management Instruction Memorandum 2018–109’’ (as in
1
effect on September 30, 2021), to provide to authorized
2
grazing permittees and lessees increased operational flexi-
3
bility to improve the long-term ecological health of the
4
Federal land.
5
(b) PERMIT OPERATIONAL FLEXIBILITY.—
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(1) FLEXIBLE GRAZING USE ALTERNATIVE FOR
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A GRAZING PERMIT OR LEASE.—At the request of an
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authorized grazing permittee or lessee, for purposes
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of renewing a grazing permit or lease under the pro-
10
gram, pursuant to the National Environmental Pol-
11
icy Act of 1969 (42 U.S.C. 4321 et seq.), the Sec-
12
retary shall develop and analyze at least 1 alter-
13
native to provide operational flexibility in livestock
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grazing use to account for changing conditions.
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(2) CONSULTATION.—The Secretary shall de-
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velop alternatives under paragraph (1) in consulta-
17
tion with—
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(A) the applicable grazing permittee or les-
19
see;
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(B) affected Federal and State agencies;
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(C) the Malheur C.E.O. Group;
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(D) the Burns Paiute Tribe or the Fort
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McDermitt Paiute and Shoshone Tribes, as ap-
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plicable;
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5
† S 1890 ES
(E) other landowners in the affected allot-
1
ment; and
2
(F) interested members of the public.
3
(3) IMPLEMENTATION
OF
INTERIM
OPER-
4
ATIONAL
FLEXIBILITIES.—If an applicable moni-
5
toring plan has been adopted under paragraph (4),
6
in order to improve long-term ecological health, on
7
the request of an authorized grazing permittee or
8
lessee, the Secretary shall, using new and existing
9
data, allow a variance to the terms and conditions
10
of the existing applicable grazing permit or lease for
11
the applicable year due to significant changes in
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weather, forage production, effects of fire or
13
drought, or other temporary conditions—
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(A) to adjust the season of use, the begin-
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ning date of the period of use, the ending date
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of the period of use, or both the beginning date
17
and ending date, as applicable, under the graz-
18
ing permit or lease, subject to the requirements
19
that—
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(i) unless otherwise specified in the
21
appropriate allotment management plan or
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any other activity plan that is the func-
23
tional equivalent to the appropriate allot-
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ment management plan under section
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6
† S 1890 ES
4120.2(a)(3) of title 43, Code of Federal
1
Regulations (or a successor regulation),
2
the applicable adjusted date of the season
3
of use occurs—
4
(I) not earlier than 14 days be-
5
fore the beginning date specified in
6
the applicable permit or lease; and
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(II) not later than 14 days after
8
the ending date specified in the appli-
9
cable permit or lease; and
10
(ii) the authorized grazing permittee
11
or lessee provides written notice of the ad-
12
justment to the Bureau not later than 2
13
business days before the date of adjust-
14
ment;
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(B) to adjust the dates for pasture rotation
16
based on average vegetation stage and soil con-
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dition by not more than 14 days, subject to the
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requirement that the authorized grazing per-
19
mittee or lessee shall provide to the Bureau
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written notice of the adjustment not later than
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2 business days before the date of adjustment;
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(C) to adjust the placement of water struc-
23
tures for livestock or wildlife by not more than
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100 yards from an associated existing road,
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7
† S 1890 ES
pipeline, or structure, subject to applicable laws
1
and the requirement that the authorized graz-
2
ing permittee or lessee shall provide to the Bu-
3
reau written notice of the adjustment not later
4
than 2 business days before the date of adjust-
5
ment; and
6
(D) in a case in which the monitoring plan
7
adopted under paragraph (4) indicates alter-
8
ations in the operational flexibilities are nec-
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essary to achieve ecological health or avoid im-
10
mediate ecological degradation of the allotment
11
or allotment area, to adjust the operational
12
flexibilities immediately, subject to the require-
13
ment that the authorized grazing permittee or
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lessee shall provide written notice of the adjust-
15
ment to the Bureau and the individuals and en-
16
tities described in subparagraphs (B) through
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(F) of paragraph (2).
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(4) MONITORING PLANS.—
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(A) MONITORING
PLANS
FOR
PERMIT
20
FLEXIBILITY.—
21
(i) IN GENERAL.—The Secretary shall
22
adopt cooperative rangeland monitoring
23
plans and rangeland health objectives to
24
apply to actions taken under paragraph (1)
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8
† S 1890 ES
and to monitor and evaluate the improve-
1
ments or degradations to the long-term ec-
2
ological health of the Federal land under
3
the program, in consultation with grazing
4
permittees or lessees and other individuals
5
and entities described in paragraph (2),
6
using existing or new scientifically support-
7
able data.
8
(ii) REQUIREMENTS.—A monitoring
9
plan adopted under clause (i) shall—
10
(I) identify situations in which
11
providing operational flexibility in
12
grazing permit or lease uses under the
13
program is appropriate to improve
14
long-term ecological health of the Fed-
15
eral land;
16
(II)
identify
ways
in
which
17
progress under the program would be
18
measured toward long-term ecological
19
health of the Federal land;
20
(III) include for projects mon-
21
itored under the program—
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(aa) a description of the
23
condition standards for which the
24
monitoring is tracking, including
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9
† S 1890 ES
baseline conditions and desired
1
outcome conditions;
2
(bb) a description of moni-
3
toring methods and protocols;
4
(cc) a schedule for collecting
5
data;
6
(dd) an identification of the
7
responsible party for data collec-
8
tion and storage;
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(ee) an evaluation schedule;
10
(ff) a description of the an-
11
ticipated use of the data;
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(gg) provisions for adjusting
13
any components of the moni-
14
toring plan; and
15
(hh) a description of the
16
method to communicate the cri-
17
teria for adjusting livestock graz-
18
ing use; and
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(IV) provide for annual reports
20
on the effects of flexibility in grazing
21
permit or lease uses under the pro-
22
gram to allow the Secretary to make
23
management adjustments to account
24
10
† S 1890 ES
for the information provided in the
1
annual report.
2
(B) MONITORING
PLANS
FOR
INTERIM
3
OPERATIONAL FLEXIBILITY.—
4
(i) IN GENERAL.—The Secretary shall
5
adopt cooperative rangeland utilization
6
monitoring plans and rangeland health ob-
7
jectives to apply to actions taken under
8
paragraph (3) and to monitor and evaluate
9
the improvements or degradations to the
10
long-term ecological health of the Federal
11
land identified for flexible use under the
12
program.
13
(ii) REQUIREMENTS.—A monitoring
14
plan developed under clause (i) shall—
15
(I) evaluate the percent utiliza-
16
tion of available forage;
17
(II) identify the appropriate per-
18
centage of utilization for the feed
19
type, ecosystem, time of year, and
20
type of animal using the allotment;
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(III) include—
22
(aa) a description of the uti-
23
lization standards for which the
24
monitoring is tracking, including
25
11
† S 1890 ES
baseline conditions and desired
1
outcome conditions;
2
(bb) a description of utiliza-
3
tion evaluation protocol;
4
(cc) an evaluation schedule
5
identifying periods during which
6
utilization data will be collected;
7
(dd) provisions for adjusting
8
any components of the moni-
9
toring plan, including acceptance
10
of data from identified third par-
11
ties; and
12
(ee) a description of the
13
method to communicate the cri-
14
teria for adjusting livestock graz-
15
ing use based on the on-the-
16
ground conditions after the pe-
17
riod of use; and
18
(IV) provide for annual reports
19
on the effects of flexibility in grazing
20
permit or lease uses under the pro-
21
gram to allow the Secretary to make
22
management adjustments to account
23
for the information provided in the
24
annual report.
25
12
† S 1890 ES
(5) TERMS AND CONDITIONS.—
1
(A) PREFERRED
ALTERNATIVE.—If the
2
Secretary determines that an alternative consid-
3
ered under the program that provides oper-
4
ational flexibility is the preferred alternative,
5
the Secretary shall—
6
(i) incorporate the alternative, includ-
7
ing applicable monitoring plans adopted
8
under paragraph (4), into the terms and
9
conditions of the applicable grazing permit
10
or lease; and
11
(ii) specify how the monitoring infor-
12
mation with respect to the preferred alter-
13
native should be used to inform manage-
14
ment adjustments under the program.
15
(B) ADJUSTMENTS.—Before implementing
16
any measure for purposes of operational flexi-
17
bility with respect to a grazing use authorized
18
under the terms and conditions of a permit or
19
lease with respect to which an alternative has
20
been incorporated under subparagraph (A), the
21
grazing permittee or lessee shall notify the Sec-
22
retary in writing of the proposed adjustment.
23
(C) ADDITIONAL
REQUIREMENTS.—The
24
Secretary may include any other requirements
25
13
† S 1890 ES
in a permit or lease with respect to which an
1
alternative has been incorporated under sub-
2
paragraph (A) that the Secretary determines to
3
be necessary.
4
(c) REVIEW; TERMINATION.—
5
(1) REVIEW.—
6
(A) IN
GENERAL.—Subject to subpara-
7
graph (B), not earlier than the date that is 8
8
years after the date of enactment of this Act,
9
the Secretary shall conduct a review of the pro-
10
gram to determine whether the objectives of the
11
program are being met.
12
(B) NO
EFFECT
ON
PROGRAM
PERMITS
13
AND
LEASES.—The review of the program
14
under subparagraph (A) shall not affect the ex-
15
istence, renewal, or termination of a grazing
16
permit or lease entered into under the program.
17
(2) TERMINATION.—If, based on the review
18
conducted under paragraph (1), the Secretary deter-
19
mines that the objectives of the program are not
20
being met, the Secretary shall, on the date that is
21
10 years after the date of enactment of this Act—
22
(A) modify the program in a manner to en-
23
sure that the objectives of the program would
24
be met; or
25
14
† S 1890 ES
(B) terminate the program.
1
(d) NO EFFECT ON GRAZING PRIVILEGES.—Nothing
2
in this Act—
3
(1) affects grazing privileges provided under the
4
Act of June 28, 1934 (commonly known as the
5
‘‘Taylor Grazing Act’’; 43 U.S.C. 315 et seq.);
6
(2) requires the Secretary to consider modifying
7
or terminating the classification of any existing graz-
8
ing district on the Federal land in any subsequent
9
plan or decision of the Secretary; or
10
(3) precludes the Secretary from modifying or
11
terminating an existing permit or lease in accord-
12
ance with applicable law (including regulations).
13
SEC. 4. MALHEUR C.E.O. GROUP.
14
(a) DEFINITIONS.—In this section:
15
(1) CONSENSUS.—The term ‘‘consensus’’ means
16
a unanimous agreement by the voting members of
17
the Malheur C.E.O. Group present and constituting
18
a quorum at a regularly scheduled business meeting
19
of the Malheur C.E.O. Group.
20
(2) FEDERAL AGENCY.—
21
(A) IN
GENERAL.—The term ‘‘Federal
22
agency’’ means an agency or department of the
23
Government of the United States.
24
15
† S 1890 ES
(B) INCLUSIONS.—The term ‘‘Federal
1
agency’’ includes—
2
(i) the Bureau of Reclamation;
3
(ii) the Bureau of Indian Affairs;
4
(iii) the Bureau;
5
(iv) the United States Fish and Wild-
6
life Service; and
7
(v) the Natural Resources Conserva-
8
tion Service.
9
(3) QUORUM.—The term ‘‘quorum’’ means 1
10
more than 1⁄2 of the voting members of the Malheur
11
C.E.O. Group.
12
(b) ESTABLISHMENT.—There is established the
13
Malheur C.E.O. Group to assist in carrying out this sec-
14
tion.
15
(c) MEMBERSHIP.—
16
(1) IN GENERAL.—The Malheur C.E.O. Group
17
shall consist of 18 members, to be appointed in ac-
18
cordance with paragraph (2), including—
19
(A) 5 voting members who represent pri-
20
vate interests, of whom—
21
(i) 3 members represent livestock
22
grazing interests, of whom—
23
(I) 1 member resides in the
24
northern 1⁄3 of the County;
25
16
† S 1890 ES
(II) 1 member resides in the cen-
1
ter 1⁄3 of the County; and
2
(III) 1 member resides in the
3
southern 1⁄3 of the County;
4
(ii) 1 member is in the recreation or
5
tourism industry; and
6
(iii) 1 member is from an applicable
7
irrigation district;
8
(B) 2 voting members who represent the
9
environmental community, 1 of whom is based
10
in
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