Grazing buyout bills are floated

A bipartisan pair of congressmen on Monday introduced two pilot bills in Congress they say could resolve livestock grazing conflicts in the West.
The bills -- one that applies to grazing on all public lands and one that deals specifically with Arizona -- would provide federal money to buy grazing permits from ranchers. Participation would be voluntary.
Once the grazing permits were purchased, the lands where the livestock once roamed would be permanently closed to sheep and cows, leaving more forage for wild critters.
Already controversial and likely to gain little traction in the near term, the bills, sponsored by Reps. Christopher Shays, R-Conn., and Raul Grijalva, D-Ariz., are intended as a federal experiment in an effort already under way by various environmental groups that peddle "willing-buyer, willing-seller" offers to buy out ranchers' grazing permits.
"The voluntary buyout, and I stress the word voluntary, is that proverbial win-win solution to the largest public lands issue in the West," said Keith Raether, spokesman for the National Public Lands Grazing Campaign, an environmental group that developed the legislation.
Raether said the legislation would give ranchers a "safety net, a way out of a failing industry."
The bills also would give environmental groups a powerful tool in removing cattle and sheep from the nation's forests and rangelands, which are becoming increasingly valued by the public for their natural resources.
Unlike in previous efforts toward that end, this time environmentalists are using the carrot rather than the stick approach.
And they are gaining rancher allies in the process.
In Arizona, more than 70 percent of public-lands ranchers support the buyout proposal, said rancher John Whitney IV, co-chairman of the Arizona Grazing Buyout Campaign, who conducted a written survey.
A southern Utah cattleman told The Salt Lake Tribune last month that two out of three of his colleagues support the idea...

Click here to view the NPLGC press release. You can see Shays' press release here and Grijalva's press release here. See NCBA's press release here.

Please send any comments or analysis of this bill to me at flankcinch@hotmail.com or just click on the "email me" to your left. I will post some of these comments here along with my own. If you want your comments to be anonymous I will honor that.

Looks like links to bills in Thomas isn't working, so here is the text of H.R. 3324:

108th CONGRESS
1st Session
H. R. 3324
To provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 16, 2003
Mr. SHAYS (for himself, Mr. GRIJALVA, Mr. GEORGE MILLER of California, Mr. HINCHEY, Mr. BLUMENAUER, Mr. HOLT, Mr. MARKEY, and Mr. MCDERMOTT) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on Agriculture and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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A BILL
To provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Voluntary Grazing Permit Buyout Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Commercial livestock grazing on Federal lands is increasingly difficult for grazing permittees and lessees due to growing conflicts with other legitimate multiple uses of those lands, such as environmental protection and burgeoning recreational use, and with congressionally mandated goals of wildlife and habitat protection and improved water quality and quantity.
(2) The recreational use of Federal lands often leads to conflicts with commercial livestock grazing on the same lands, because some recreationists damage property related to the grazing operations or disturb livestock, rendering many grazing operations on Federal lands uneconomical.
(3) A combination of sustained drought, foreign competition, changing domestic markets, industry restructuring, and individual ranch situations has resulted in grazing permits and leases becoming stranded investments for many permittees and lessees.
(4) Many permittees and lessees would like to retire, but do not have family members willing or able to take over ranch operations.
(5) Attempts to resolve grazing conflicts with other multiple uses often require extensive range developments and monitoring that greatly increases costs to both permittees and lessees and taxpayers, far out of proportion to the benefit received.
(6) Certain grazing allotments on Federal lands have, or are likely to become, unsuitable for livestock production as a result of the combined effect of the aforementioned factors.
(7) The cost of the Federal grazing program greatly exceeds revenues to the Federal treasury from grazing receipts.
(8) Many Federal grazing permittees and lessees have indicated their desire to end their livestock grazing on Federal lands in exchange for a one-time payment to reasonably compensate them for the effort and investment that they have made in a grazing allotment.
(9) Compensating permittees and lessees who relinquish their grazing permit or lease and end livestock grazing on Federal lands would help recapitalize an ailing sector of rural America, by providing economic options to permittees and lessees that do not presently exist and allowing them to restructure their ranch operations, start new businesses, retire with security, or provide a family legacy.
(10) Reasonable compensation for the relinquishment of a grazing permit or lease will help alleviate the need for permittees and lessees to sell or subdivide their private lands.
(11) A voluntary buyout program for grazing permits and leases will help resolve growing conflicts between livestock grazing and other multiple uses, and would be ecologically imperative, economically rational, fiscally prudent, and socially just.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term `animal unit month' means the amount of forage needed to sustain one animal unit for one month, as determined by the Secretary issuing the grazing permit or lease.
(2) The terms `grazing permit or lease' and `grazing permit and lease' mean any document authorizing the use of Federal lands for the purpose of grazing domestic livestock.
(3) The term `grazing allotment' means the designated portion of Federal land upon which domestic livestock are permitted to graze by a grazing permit or lease.
(4) The terms `permittee or lessee' and `permittee and lessee' mean a livestock operator who holds a valid term grazing permit or lease.
(5) The term `range developments' means structures, fences and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock. The term does not include rolling stock, livestock and diversions of water from Federal lands onto non-Federal lands.
(6) The term `Secretary' means the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Energy, or the Secretary of Defense, as appropriate to the administration of the grazing permit or lease at issue.
SEC. 4. VOLUNTARY GRAZING PERMIT BUYOUT PROGRAM.
(a) WAIVER OF EXISTING GRAZING PERMIT OR LEASE- A permittee or lessee may waive to the Secretary, at any time, a valid existing grazing permit or lease authorizing livestock grazing on Federal lands.
(b) CANCELLATION OF WAIVED GRAZING PERMIT OR LEASE- The Secretary shall cancel grazing permits and leases waived under this section and permanently retire the associated allotments from domestic livestock grazing use notwithstanding any other provision of law.
(c) WAIVER PRIORITY- If funds available to carry out this Act are insufficient to meet all of the offers for the waiver of grazing permits and leases, the Secretary shall give priority to the waiver of grazing permits and leases that authorize grazing on the following Federal lands:
(1) National Wilderness Preservation System unit.
(2) National Wild and Scenic River System unit.
(3) National Park System unit.
(4) National Wildlife Refuge System unit.
(5) An allotment that includes a trail within the National Trails System.
(6) National Landscape Conservation System unit.
(7) Designated critical habitat for species listed under the Endangered Species Act of 1973.
(8) Designated wilderness study area.
(9) Roadless and undeveloped areas identified in Forest Service, Roadless Area Conservation EIS, vol. 2 (Nov. 2000).
(10) Designated Bureau of Land Management Area of Critical Environmental Concern.
(11) Designated Research Natural Area.
(12) An allotment that includes a `water quality limited' stream listed under section 303(d) of the Federal Water Pollution Control Act.
(13) Stream segments identified as a `study river' under section 5(a) of the Wild and Scenic Rivers Act.
(14) Stream segments identified by the Secretary under section 5(d)(1) of the Wild and Scenic Rivers Act.
(15) An allotment featuring other scientific, ecological, scenic, watershed or recreation values.
(d) RELATION TO EMINENT DOMAIN- Nothing in this Act shall be interpreted to authorize the use of eminent domain for the purpose of acquiring a Federal grazing permit or lease.
SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR LEASE.
(a) COMPENSATION REQUIRED; AMOUNT- A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4(a) shall be compensated at $175 per animal unit month, based on the average grazing use over the preceding 10 years the allotment was grazed, as stipulated by the grazing permit or lease and paid for by the permittee or lessee or the predecessors of the permittee or lessee. Years of grazing nonuse are excluded from this average. In the case that a permittee or lessee is in arrears of Federal grazing fees, the amount of fees in arrears shall be deducted from the amount of compensation otherwise due the permittee or lessee under this section.
(b) EFFECTS OF ISSUANCE OF CERTAIN PERMITS OR LEASES- A permittee or lessee who seeks to waive a grazing permit or lease under section 4 for a grazing allotment that was vacant or vacated as of the date of the enactment of this Act shall only be eligible for compensation under this section based on the average grazing use over the last ten years, including any years of grazing nonuse.
(c) DONATION OF EXISTING PERMIT OR LEASE- A permittee or lessee may at any time waive their claim to compensation under this section and donate to the Secretary a valid existing grazing permit or lease authorizing livestock grazing on Federal lands. The Secretary shall cancel donated grazing permits or leases and permanently retire the associated allotments from domestic livestock grazing use, notwithstanding any other provision of law.
(d) RELATION TO OTHER AUTHORITY- Nothing in this Act shall be construed to affect the Secretary's authority to otherwise modify or terminate grazing permits or leases without compensation. Compensation disbursed pursuant to this section shall not create a property right in grazing permittees or lessees.
SEC. 6. EFFECT OF WAIVER OR DONATION OF GRAZING PERMIT OR LEASE.
(a) EFFECT ON RANGE DEVELOPMENTS- A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 and receives compensation under section 5, or donates a grazing permit or lease under section 6, shall be deemed to have waived any claim to all range developments on the subject grazing allotments, notwithstanding any other provision of law.
(b) SECURING RETIRED ALLOTMENTS AGAINST UNAUTHORIZED USE- The Secretary shall ensure that allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by livestock.
(c) RELATION TO OTHER VALID EXISTING RIGHTS- Nothing in this Act affects the allocation, ownership, interest or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, or private individual, partnership or corporation.
SEC. 7. RETIREMENT OF GRAZING ALLOTMENTS FOR WHICH NO VALID GRAZING PERMIT OR LEASE EXISTS.
The Secretary shall not issue grazing permits or leases for grazing allotments for which no valid permit or lease exists as of the date of the enactment of this Act, and shall permanently retire the allotments from domestic livestock grazing use notwithstanding any other provision of law.
SEC. 8. EFFECT OF NONUSE OR REDUCED USE.
Notwithstanding any other provision of law, a permittee or lessee may opt not to graze a grazing allotment or to graze the grazing allotment at less than the minimum permitted level and still retain the grazing permit or lease for the remainder of its term. Such nonuse shall be considered to be in compliance with the terms of the grazing permit or lease when it becomes due for renewal.
SEC. 9. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated to the Secretaries $100,000,000, to remain available until expended, to provide compensation to permittees and lessees under section 5. None of the funds appropriated pursuant to this section shall be used by any Federal agency for administrative costs related to the purposes of this Act.

Again, please send any comments or analysis of this bill to me at flankcinch@hotmail.com or just click on the "email me" to your left. I think a compilation of these comments/analysis will assist all those who want to write or visit with their Congressman, or who may want to prepare testimony should this bill get a hearing.