Thursday, December 04, 2014

Livestock grazing language in NDAA


Below is the grazing language in the NDAA.  The bill is 1648 pages long, and this language starts on page 1187.  You can see the entire bill here.  I'm not sure we have gained much as this has been handled on a yearly basis through appropriations language.  The enviros got 250,000 acres of Wilderness (45,000 in NM), plus more parks (including Valles Caldera) and wild & scenic rivers.


SEC. 3023. GRAZING PERMITS AND LEASES.
Section 402 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1752) is amended—
 (1) in subsection (c)—
 (A) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C), re-
spectively;
 (B) by striking ‘‘So long as’’ and inserting
the following:
 ‘‘(1) RENEWAL OF EXPIRING OR TRANSFERRED
PERMIT OR LEASE
.—During any period in which’’;
and
 (C) by adding at the end the following:
 ‘‘(2) CONTINUATION OF TERMS UNDER NEW
PERMIT OR LEASE
.—The terms and conditions in a
grazing permit or lease that has expired, or was ter-
minated due to a grazing preference transfer, shall
be continued under a new permit or lease until the
date on which the Secretary concerned completes
any environmental analysis and documentation for
the permit or lease required under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other applicable laws.
 ‘‘(3) COMPLETION OF PROCESSING
.—As of the
date on which the Secretary concerned completes the
processing of a grazing permit or lease in accordance
with paragraph (2), the permit or lease may be can-
celed, suspended, or modified, in whole or in part.
 ‘‘(4) ENVIRONMENTAL REVIEWS
.—The Sec-
retary concerned shall seek to conduct environmental
reviews on an allotment or multiple allotment basis,
to the extent practicable, if the allotments share
similar ecological conditions, for purposes of compli-
ance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable
laws.’’;
 (2) by redesignating subsection (h) as sub-
section (j); and
 (3) by inserting after subsection (g) the fol-
lowing:
 ‘‘(h) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.—
 ‘‘(1) IN GENERAL
.—The issuance of a grazing
permit or lease by the Secretary concerned may be
categorically excluded from the requirement to pre-
pare an environmental assessment or an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if—
 ‘‘(A) the issued permit or lease continues
the current grazing management of the allot-
ment; and
 ‘‘(B) the Secretary concerned—
 ‘‘(i) has assessed and evaluated the
grazing allotment associated with the lease
or permit; and
 ‘‘(ii) based on the assessment and
evaluation under clause (i), has determined
that the allotment—
 ‘‘(I) with respect to public land
administered by the Secretary of the
Interior—
 ‘‘(aa) is meeting land health
standards; or
 ‘‘(bb) is not meeting land
health standards due to factors
other than existing livestock
grazing; or
 ‘‘(II) with respect to National
Forest System land administered by
the Secretary of Agriculture—
 ‘‘(aa) is meeting objectives
in the applicable land and re-
source management plan; or
 ‘‘(bb) is not meeting the ob-
jectives in the applicable land re-
source management plan due to
factors other than existing live-
stock grazing.
 ‘‘(2) TRAILING AND CROSSING
.—The trailing
and crossing of livestock across public land and Na-
tional Forest System land and the implementation of
trailing and crossing practices by the Secretary con-
cerned may be categorically excluded from the re-
quirement to prepare an environmental assessment
or an environmental impact statement under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
 ‘‘(i) PRIORITY AND TIMING FOR COMPLETION OF ENVIRONMENTAL ANALYSES
.—The Secretary concerned, in
the sole discretion of the Secretary concerned, shall deter-
mine the priority and timing for completing each required
environmental analysis with respect to a grazing allot-
ment, permit, or lease based on—
 ‘‘(1) the environmental significance of the graz-
ing allotment, permit, or lease; and
 ‘‘(2) the available funding for the environmental
analysis.’’.

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