S.Amdt. 2448Senate112th Congress (2011-2013)2nd degree

S.Amdt. 2448

What it does: Rewrites the text S.Amdt. 2347 would insert
Submitted June 18, 2012

What it changes

1 change to S.Amdt. 2347 · shown in S.Amdt. 2347's text

Rewrites the amendment
  1. Rewrites the text S.Amdt. 2347 would insert

    Rewrites S.Amdt. 2347In place of the text S.Amdt. 2347 would insert

    In S.Amdt. 2347 as proposed

    Struck: SEC. 12106. GRAZING ON PUBLIC RANGELANDS.

    Inserted: SEC. 122__. GRAZING PERMITS AND LEASES.

    [inserted: (a) Terms of Grazing Permits and Leases.--]Section [struck: 6][inserted: 402] of the [struck: Public Rangelands Improvement ][inserted: Federal Land Policy and Management ]Act of [struck: 1978][inserted: 1976] (43 U.S.C. [struck: 1905][inserted: 1752]) is amended--

    Struck: (1) by striking the section heading and all that follows through "(a) For the" and inserting the following:

    Struck: "SEC. 6. GRAZING FEES.

    Struck: "(a) Establishment of Fees.--

    Struck: "(1) In general.--For the"; and

    Show 2 more struck paragraphs

    Struck: (2) in subsection (a), by adding at the end the following:

    Struck: "(2) Grazing on public rangelands.--When establishing fees for grazing private livestock on public rangelands, the Secretary (with respect to land managed by the Bureau of Land Management) and the Secretary of Agriculture (with respect to National Forest System land) shall set the rate at a level that is comparable to the current private grazing land lease rate in the area or region, as determined by the applicable Secretary.".

    Inserted: (1) by striking "ten years" each place it appears and inserting "20 years"; and

    Inserted: (2) in subsection (b)--

    Inserted: (A) by striking "or" at the end of each of paragraphs (1) and (2);

    Inserted: (B) in paragraph (3), by striking the period at the end and inserting "; or"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(4) the initial environmental analysis under National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regarding a grazing allotment, permit, or lease has not been completed.".

    Inserted: (b) Renewal, Transfer, and Reissuance of Grazing Permits and Leases.--Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following:

    Inserted: "SEC. 405. RENEWAL, TRANSFER, REISSUANCE, AND PENDING PROCESSING OF GRAZING PERMITS AND LEASES.

    Inserted: "(a) Definitions.--In this section:

    Inserted: "(1) Current grazing management.--The term 'current grazing management' means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan.

    Inserted: "(2) Secretary concerned.--The term 'Secretary concerned' means--

    Inserted: "(A) the Secretary of Agriculture, with respect to National Forest System land; and

    Show 17 more inserted paragraphs

    Inserted: "(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior.

    Inserted: "(b) Renewal, Transfer, Reissuance, and Pending Processing.--A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate--

    Inserted: "(1) section 402;

    Inserted: "(2) section 19 of the Act of April 24, 1950 (commonly known as the 'Granger-Thye Act'; 16 U.S.C. 580l);

    Inserted: "(3) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or

    Inserted: "(4) section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa 50).

    Inserted: "(c) Terms; Conditions.--The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law.

    Inserted: "(d) Cancellation; Suspension; Modification.--Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law.

    Inserted: "(e) Renewal, Transfer, or Reissuance After Processing.--When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned may renew or reissue the permit or lease for a term of 20 years after completion of processing.

    Inserted: "(f) Compliance With National Environmental Policy Act of 1969.--The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned may, at the sole discretion of the Secretary concerned, be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if--

    Inserted: "(1) the decision to renew, reissue, or transfer continues the current grazing management of the allotment;

    Inserted: "(2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or

    Inserted: "(3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances.

    Inserted: "(g) Priority and Timing for Completing Environmental Analyses.--The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose.

    Inserted: "(h) NEPA Exemptions.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:

    Inserted: "(1) Crossing and trailing authorizations of domestic livestock.

    Inserted: "(2) Transfer of grazing preference.".

    Original wording

    In lieu of the matter proposed to be inserted, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2448. Mr. BARRASSO submitted an amendment intended to be proposed to amendment SA 2347 submitted by Mr. Nelson of Nebraska and intended to be proposed to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:

SEC. 122__. GRAZING PERMITS AND LEASES.

(a) Terms of Grazing Permits and Leases.--Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended--

(1) by striking “ten years” each place it appears and inserting “20 years”; and

(2) in subsection (b)--

(A) by striking “or” at the end of each of paragraphs (1) and (2);

(B) in paragraph (3), by striking the period at the end and inserting “; or”; and

(C) by adding at the end the following:

“(4) the initial environmental analysis under National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regarding a grazing allotment, permit, or lease has not been completed.”.

(b) Renewal, Transfer, and Reissuance of Grazing Permits and Leases.--Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following:

“SEC. 405. RENEWAL, TRANSFER, REISSUANCE, AND PENDING PROCESSING OF GRAZING PERMITS AND LEASES.

“(a) Definitions.--In this section:

“(1) Current grazing management.--The term ‘current grazing management' means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan.

“(2) Secretary concerned.--The term ‘Secretary concerned' means--

“(A) the Secretary of Agriculture, with respect to National Forest System land; and

“(B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior.

“(b) Renewal, Transfer, Reissuance, and Pending Processing.--A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate--

“(1) section 402;

“(2) section 19 of the Act of April 24, 1950 (commonly known as the ‘Granger-Thye Act'; 16 U.S.C. 580l);

“(3) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or

“(4) section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa 50).

“(c) Terms; Conditions.--The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law.

“(d) Cancellation; Suspension; Modification.--Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law.

“(e) Renewal, Transfer, or Reissuance After Processing.--When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned may renew or reissue the permit or lease for a term of 20 years after completion of processing.

“(f) Compliance With National Environmental Policy Act of 1969.--The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned may, at the sole discretion of the Secretary concerned, be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if--

“(1) the decision to renew, reissue, or transfer continues the current grazing management of the allotment;

“(2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or

“(3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances.

“(g) Priority and Timing for Completing Environmental Analyses.--The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose.

“(h) NEPA Exemptions.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:

“(1) Crossing and trailing authorizations of domestic livestock.

“(2) Transfer of grazing preference.”.

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Senate amendment submitted

June 18, 2012