A bill to provide suitable grazing arrangements on National Forest System land to persons that hold a grazing permit adversely affected by the standards and guidelines contained in the Record of Decision of the Sierra Nevada Forest Plan Amendment and pertaining to the Willow Flycatcher and the Yosemite Toad.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1111 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 1111

To provide suitable alternative grazing arrangements on National Forest
System land to persons that hold a grazing permit adversely affected by
the standards and guidelines contained in the Record of Decision of the
Sierra Nevada Forest Plan Amendment and pertaining to the Willow
Flycatcher and the Yosemite Toad.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 22, 2003

Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

A BILL

To provide suitable alternative grazing arrangements on National Forest
System land to persons that hold a grazing permit adversely affected by
the standards and guidelines contained in the Record of Decision of the
Sierra Nevada Forest Plan Amendment and pertaining to the Willow
Flycatcher and the Yosemite Toad.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SUITABLE ALTERNATIVE GRAZING ARRANGEMENTS FOR SIERRA NEVADA
RANCHERS.

(a) Efforts to Provide Alternative Grazing Arrangements.--The
Secretary of Agriculture shall undertake best efforts to provide
suitable alternative grazing arrangements on other National Forest
System land to a person that holds a permit to graze on National Forest
System land if the Secretary determines that the permittee's grazing
privileges will be limited by implementation of the standards and
guidelines pertaining to the willow flycatcher and the Yosemite Toad
that are contained in the Record of Decision of the Sierra Nevada
Forest Plan Amendment (referred to in this section as the
``guidelines'').
(b) Categorical Exclusion.--The Secretary may provide, consistent
with section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332), a categorical exclusion from that Act for alternative
grazing arrangements provided under subsection (a) without first
administratively establishing an applicable category of excluded
actions. No scoping shall be required for any such categorical
exclusion.
(c) Delayed Applicability.--Notwithstanding the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
seq.), the guidelines shall not apply during calendar year 2003 to
grazing activities on any of the following severely affected allotments
for which the Secretary is unable to provide alternative arrangements:
(1) The Feather River, Soda Creek/North Butte and Robbers
Creek allotments on the Lassen National Forest.
(2) The Doyle allotment on the Plumas National Forest.
(3) The Parazzo and Gold Valley allotments on the Tahoe
National Forest.
(4) The Long Valley/Eagle Meadow, Highland Lakes, Cooper
and Herring allotments on the Stanislaus National Forest.
(5) The Blasingame, Kaiser, South Jackass, Iron Creek and
Markwood allotments on the Sierra National Forest.
(d) Issuance of Direction.--Without regard to any other proceeding
otherwise required by law, the Secretary shall issue direction as soon
as practicable for calendar year 2003 to minimize harm to the Willow
Flycatcher and the Yosemite Toad from the grazing activities permitted
under this section. The Secretary shall hold a public meeting in the
Stanislaus National Forest and in the Sierra National Forest before
issuing such direction. The Secretary shall not be required to amend or
revise any land and resource management plan to issue such direction,
and shall not be required to comply with any other procedures otherwise
required by law before issuing such direction.
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