Thursday, May 8, 2008


Below is the pertinent sections of the two bills which were reported out of the Senate Committee on Energy & Natural Resources.

Note: The Committee may have amended this language. Will check the final language when it becomes available.

S. 2379

The Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act


(a) Existing Grazing Leases-

(1) WAIVER- The Secretary--

(A) shall, subject to the availability of funds, offer to provide compensation to a lessee in exchange for the waiver by a lessee of a grazing lease; and

(B) if the lessee accepts the offer in accordance with this section, shall, not later than 30 days after the date on which the lessee accepts the offer, simultaneously--

(i) provide to the lessee the compensation specified in paragraph (2);

(ii) terminate the grazing lease waived; and

(iii) permanently retire the associated grazing allotment or portion of the grazing allotment from livestock grazing use.

(2) AMOUNT OF COMPENSATION- Compensation for the waiver of a grazing lease under paragraph (1) shall be equal to $300 per authorized animal unit month.

(3) PARTIAL ALLOTMENT RETIREMENTS- If a lessee offers to waive only the Monument portion of a grazing lease for a grazing allotment that is partially in the Monument, the Secretary shall, at full Federal expense, construct and maintain a fence to exclude livestock from the portion of the grazing allotment that is within the boundaries of the Monument.

(4) JOINT LEASE- If a grazing allotment is jointly leased to more than one lessee--

(A) the Secretary shall not accept waiver of a joint grazing lease unless all lessees subject to the grazing lease exercise the option to waive the grazing lease under paragraph (1); or

(B) if the option is not exercised by all the lessees under paragraph (1), the Secretary shall--

(i) in communication, consultation, and cooperation with any lessees that do not exercise the option under paragraph (1), construct and maintain a fence at Federal expense for the purpose of keeping livestock within a reduced area of the grazing allotment that is commercially and seasonally proportional with the remaining authorized animal unit months in the grazing allotment, including private land used as exchange of use on the date of enactment of this Act; and

(ii) accept the waived portion of the joint lease from any joint lessees that have exercised the option under paragraph (1).

(5) LIMITATIONS- The Secretary--

(A) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument as of the date of enactment of this Act--

(i) shall not issue grazing leases; and

(ii) shall permanently retire the allotments from livestock grazing use; and

(B) shall not establish any new allotments that include--

(i) any Federal land within a grazing allotment or an allotment described in subparagraph (A); or

(ii) any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).

(6) DEADLINE- To waive a grazing lease in accordance with this section, a lessee shall exercise the right to waive the grazing lease by not later than the date that is 3 years after the date of enactment of this Act.

(7) EFFECT OF WAIVER- A lessee who receives compensation for voluntarily waiving a grazing lease under this section shall be considered to have waived any claim to all range developments on the associated grazing allotments.


(A) IN GENERAL- Nothing in this section prevents a lessee from donating to the Secretary, at any time, a grazing lease without Federal compensation, in accordance with this section.

(B) ACCEPTANCE BY- If a lessee donates a grazing lease to the Secretary, the Secretary shall accept the donation in accordance with clauses (ii) and (iii) of paragraph (1)(B).

(b) Additional Allocations- Beginning on the date of enactment of this Act, the Secretary shall not authorize any allotments for livestock grazing on Monument land that are not in existence on the date of enactment of this Act.


(c) Administration of Wilderness-


(A) ADMINISTRATION- Except as provided in section 4 and Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), any grazing of livestock and the maintenance of range development in the Wilderness established before the date of enactment of this Act shall be permitted to continue in accordance with--

(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).

(B) RETIREMENT OF CERTAIN PERMITS- On the retirement of any grazing lease applicable to any portion of the Wilderness, grazing of domestic livestock in the applicable portion of the Wilderness shall be prohibited.


S. 2833

Owyhee Public Land Management Act of 2008



(A) IN GENERAL- In the wilderness areas designated by this Act, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101-405.

(B) INVENTORY- Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an inventory of existing facilities and improvements associated with grazing activities in the wilderness areas and wild and scenic rivers designated by this Act.

(C) FENCING- The Secretary may construct and maintain fencing around wilderness areas designated by this Act as the Secretary determines to be appropriate to protect wilderness values.


(i) ACCEPTANCE BY SECRETARY- The Secretary shall accept the donation of any valid existing permits or leases authorizing grazing on public land within the wilderness areas designated by this Act.

(ii) TERMINATION- The Secretary shall terminate any grazing permit or lease acquired under clause (i) to ensure a permanent end to grazing on the land covered by the permit or lease.


(I) IN GENERAL- If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall--

(aa) reduce the authorized grazing level to reflect the donation; and

(bb) modify the permit or lease to reflect the revised level of use.

(II) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease donated under subclause (I), the Secretary shall not allow grazing use to exceed the authorized level established under that subclause.

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