HR4513-119

1. Short title This Act may be cited as the Resiliency for Ranching and Natural Conservation Health Act.

2. Temporary use of vacant grazing allotments for holders of grazing permits or leases during extreme natural events and disasters 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: In this section, the term Secretary concerned means— the Secretary of Agriculture, with respect to National Forest System land; and the Secretary, with respect to public lands. The Secretary concerned may make available to the holder of a grazing permit or lease issued by either Secretary concerned the temporary use of a vacant grazing allotment if— 1 or more grazing allotments covered by the grazing permit or lease of the holder of the grazing permit or lease are temporarily unusable, as determined by the Secretary concerned, because of unforeseen natural events or disasters (including an extreme weather event, drought, wildfire, infestation, or blight); and the Secretary concerned determines that the vacant grazing allotment is appropriate for temporary grazing use. In establishing the terms and conditions in a permit or lease for the temporary use of a vacant grazing allotment made available pursuant to this subsection, the Secretary concerned— shall take into consideration the terms and conditions of the most recent permit or lease that was applicable to the vacant grazing allotment; if there are no terms or conditions available for consideration under subparagraph (A), may assign temporary terms or conditions, after considering ecological conditions of, or terms on, adjacent grazing allotments; shall base the terms and conditions on local ecological conditions, as determined by the applicable official; shall take into consideration other factors, including any prior agency agreement that resolved or sought to resolve a management conflict, including a conflict related to State management of wildlife; and may authorize the placement and use of temporary rangeland improvements (including portable corrals, fencing, aboveground pipelines, and water troughs) on the vacant grazing allotment to accommodate the temporary use. To the maximum extent practicable, the Secretaries concerned shall coordinate to make available to holders of grazing permits or leases the use of vacant grazing allotments, regardless of agency jurisdiction over vacant grazing allotments, pursuant to paragraphs (1) and (2). The temporary use of a vacant grazing allotment under this subsection shall not— preclude or otherwise alter other ongoing or future actions or assessments evaluating the potential of the vacant grazing allotment to be used or otherwise assigned; or alter— the terms and conditions of the original grazing permit or lease of the holder of the grazing permit or lease; the preference or ability of the holder of the grazing permit or lease to return to the original allotment once access to, or the use of, the original allotment is restored; or the animal unit months in future authorizations, or conditions of a permit, of the holder of the grazing permit or lease. The Secretary concerned shall determine the duration of the temporary use of a vacant grazing allotment made available pursuant to subsection (b), after considering— the condition of the vacant grazing allotment; and the period of time necessary for the original allotment of the holder of the grazing permit or lease to return to use. Not later than 1 year after the date of enactment of this section, the Secretary concerned shall establish guidelines to expeditiously, efficiently, and effectively carry out activities authorized under this section. In establishing the guidelines under paragraph (1), the Secretary concerned may consider— criteria for determining whether the vacant grazing allotment is suitable for temporary grazing use; eligibility criteria for the holders of grazing permits or leases; prioritizing holders of grazing permits or leases in close proximity to a vacant grazing allotment; any class or change in class of livestock on the temporary use of a vacant grazing allotment, with consideration given to local ecological conditions, disease, wildlife conflicts, and other factors based on localized conditions; processes for coordinating with allotments adjoining or within the vicinity of a vacant grazing allotment; and any other processes intended to expedite procedures for making vacant grazing allotments available during emergent circumstances. The Secretary concerned shall periodically evaluate land health conditions of vacant grazing allotments to facilitate the efficient implementation of this section. 405.Vacant grazing allotments made available to holders of grazing permits or leases during extreme natural events and disasters (a)Definition of secretary concernedIn this section, the term Secretary concerned means— (1)the Secretary of Agriculture, with respect to National Forest System land; and (2)the Secretary, with respect to public lands. (b)Allotments (1)In generalThe Secretary concerned may make available to the holder of a grazing permit or lease issued by either Secretary concerned the temporary use of a vacant grazing allotment if— (A)1 or more grazing allotments covered by the grazing permit or lease of the holder of the grazing permit or lease are temporarily unusable, as determined by the Secretary concerned, because of unforeseen natural events or disasters (including an extreme weather event, drought, wildfire, infestation, or blight); and (B)the Secretary concerned determines that the vacant grazing allotment is appropriate for temporary grazing use. (2)Terms and conditionsIn establishing the terms and conditions in a permit or lease for the temporary use of a vacant grazing allotment made available pursuant to this subsection, the Secretary concerned— (A)shall take into consideration the terms and conditions of the most recent permit or lease that was applicable to the vacant grazing allotment; (B)if there are no terms or conditions available for consideration under subparagraph (A), may assign temporary terms or conditions, after considering ecological conditions of, or terms on, adjacent grazing allotments; (C)shall base the terms and conditions on local ecological conditions, as determined by the applicable official; (D)shall take into consideration other factors, including any prior agency agreement that resolved or sought to resolve a management conflict, including a conflict related to State management of wildlife; and (E)may authorize the placement and use of temporary rangeland improvements (including portable corrals, fencing, aboveground pipelines, and water troughs) on the vacant grazing allotment to accommodate the temporary use. (3)CoordinationTo the maximum extent practicable, the Secretaries concerned shall coordinate to make available to holders of grazing permits or leases the use of vacant grazing allotments, regardless of agency jurisdiction over vacant grazing allotments, pursuant to paragraphs (1) and (2). (4)EffectThe temporary use of a vacant grazing allotment under this subsection shall not— (A)preclude or otherwise alter other ongoing or future actions or assessments evaluating the potential of the vacant grazing allotment to be used or otherwise assigned; or (B)alter— (i)the terms and conditions of the original grazing permit or lease of the holder of the grazing permit or lease; (ii)the preference or ability of the holder of the grazing permit or lease to return to the original allotment once access to, or the use of, the original allotment is restored; or (iii)the animal unit months in future authorizations, or conditions of a permit, of the holder of the grazing permit or lease. (c)DurationThe Secretary concerned shall determine the duration of the temporary use of a vacant grazing allotment made available pursuant to subsection (b), after considering— (1)the condition of the vacant grazing allotment; and (2)the period of time necessary for the original allotment of the holder of the grazing permit or lease to return to use. (d)Guidelines (1)In generalNot later than 1 year after the date of enactment of this section, the Secretary concerned shall establish guidelines to expeditiously, efficiently, and effectively carry out activities authorized under this section. (2)ConsiderationsIn establishing the guidelines under paragraph (1), the Secretary concerned may consider— (A)criteria for determining whether the vacant grazing allotment is suitable for temporary grazing use; (B)eligibility criteria for the holders of grazing permits or leases; (C)prioritizing holders of grazing permits or leases in close proximity to a vacant grazing allotment; (D)any class or change in class of livestock on the temporary use of a vacant grazing allotment, with consideration given to local ecological conditions, disease, wildlife conflicts, and other factors based on localized conditions; (E)processes for coordinating with allotments adjoining or within the vicinity of a vacant grazing allotment; and (F)any other processes intended to expedite procedures for making vacant grazing allotments available during emergent circumstances. (e)Periodic evaluationsThe Secretary concerned shall periodically evaluate land health conditions of vacant grazing allotments to facilitate the efficient implementation of this section..

405. Vacant grazing allotments made available to holders of grazing permits or leases during extreme natural events and disasters In this section, the term Secretary concerned means— the Secretary of Agriculture, with respect to National Forest System land; and the Secretary, with respect to public lands. The Secretary concerned may make available to the holder of a grazing permit or lease issued by either Secretary concerned the temporary use of a vacant grazing allotment if— 1 or more grazing allotments covered by the grazing permit or lease of the holder of the grazing permit or lease are temporarily unusable, as determined by the Secretary concerned, because of unforeseen natural events or disasters (including an extreme weather event, drought, wildfire, infestation, or blight); and the Secretary concerned determines that the vacant grazing allotment is appropriate for temporary grazing use. In establishing the terms and conditions in a permit or lease for the temporary use of a vacant grazing allotment made available pursuant to this subsection, the Secretary concerned— shall take into consideration the terms and conditions of the most recent permit or lease that was applicable to the vacant grazing allotment; if there are no terms or conditions available for consideration under subparagraph (A), may assign temporary terms or conditions, after considering ecological conditions of, or terms on, adjacent grazing allotments; shall base the terms and conditions on local ecological conditions, as determined by the applicable official; shall take into consideration other factors, including any prior agency agreement that resolved or sought to resolve a management conflict, including a conflict related to State management of wildlife; and may authorize the placement and use of temporary rangeland improvements (including portable corrals, fencing, aboveground pipelines, and water troughs) on the vacant grazing allotment to accommodate the temporary use. To the maximum extent practicable, the Secretaries concerned shall coordinate to make available to holders of grazing permits or leases the use of vacant grazing allotments, regardless of agency jurisdiction over vacant grazing allotments, pursuant to paragraphs (1) and (2). The temporary use of a vacant grazing allotment under this subsection shall not— preclude or otherwise alter other ongoing or future actions or assessments evaluating the potential of the vacant grazing allotment to be used or otherwise assigned; or alter— the terms and conditions of the original grazing permit or lease of the holder of the grazing permit or lease; the preference or ability of the holder of the grazing permit or lease to return to the original allotment once access to, or the use of, the original allotment is restored; or the animal unit months in future authorizations, or conditions of a permit, of the holder of the grazing permit or lease. The Secretary concerned shall determine the duration of the temporary use of a vacant grazing allotment made available pursuant to subsection (b), after considering— the condition of the vacant grazing allotment; and the period of time necessary for the original allotment of the holder of the grazing permit or lease to return to use. Not later than 1 year after the date of enactment of this section, the Secretary concerned shall establish guidelines to expeditiously, efficiently, and effectively carry out activities authorized under this section. In establishing the guidelines under paragraph (1), the Secretary concerned may consider— criteria for determining whether the vacant grazing allotment is suitable for temporary grazing use; eligibility criteria for the holders of grazing permits or leases; prioritizing holders of grazing permits or leases in close proximity to a vacant grazing allotment; any class or change in class of livestock on the temporary use of a vacant grazing allotment, with consideration given to local ecological conditions, disease, wildlife conflicts, and other factors based on localized conditions; processes for coordinating with allotments adjoining or within the vicinity of a vacant grazing allotment; and any other processes intended to expedite procedures for making vacant grazing allotments available during emergent circumstances. The Secretary concerned shall periodically evaluate land health conditions of vacant grazing allotments to facilitate the efficient implementation of this section.