Malheur County Grazing Management Program

(a) In general The Secretary may carry out a grazing management program on the Federal land, to be known as the Malheur County Grazing Management Program, in accordance with applicable law (including regulations) and the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109 (as in effect on September 30, 2021), to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the Federal land. (b) Permit operational flexibility (1) Flexible grazing use alternative for a grazing permit or lease At the request of an authorized grazing permittee or lessee, for purposes of renewing a grazing permit or lease under the program, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary shall develop and analyze at least 1 alternative to provide operational flexibility in livestock grazing use to account for changing conditions. (2) Consultation The Secretary shall develop alternatives under paragraph (1) in consultation with— (A) the applicable grazing permittee or lessee; (B) affected Federal and State agencies; (C) the Malheur C.E.O. Group; (D) the Burns Paiute Tribe or the Fort McDermitt Paiute and Shoshone Tribes, as applicable; (E) other landowners in the affected allotment; and (F) interested members of the public. (3) Implementation of interim operational flexibilities If an applicable monitoring plan has been adopted under paragraph (4), in order to improve long-term ecological health, on the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year due to significant changes in weather, forage production, effects of fire or drought, or other temporary conditions— (A) to adjust the season of use, the beginning date of the period of use, the ending date of the period of use, or both the beginning date and ending date, as applicable, under the grazing permit or lease, subject to the requirements that— (i) unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use occurs— (I) not earlier than 14 days before the beginning date specified in the applicable permit or lease; and (II) not later than 14 days after the ending date specified in the applicable permit or lease; and (ii) the authorized grazing permittee or lessee provides written notice of the adjustment to the Bureau not later than 2 business days before the date of adjustment; (B) to adjust the dates for pasture rotation based on average vegetation stage and soil condition by not more than 14 days, subject to the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before the date of adjustment; (C) to adjust the placement of water structures for livestock or wildlife by not more than 100 yards from an associated existing road, pipeline, or structure, subject to applicable laws and the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before the date of adjustment; and (D) in a case in which the monitoring plan adopted under paragraph (4) indicates alterations in the operational flexibilities are necessary to achieve ecological health or avoid immediate ecological degradation of the allotment or allotment area, to adjust the operational flexibilities immediately, subject to the requirement that the authorized grazing permittee or lessee shall provide written notice of the adjustment to the Bureau and the individuals and entities described in subparagraphs (B) through (F) of paragraph (2). (4) Monitoring plans (A) Monitoring plans for permit flexibility (i) In general The Secretary shall adopt cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land under the program, in consultation with grazing permittees or lessees and other individuals and entities described in paragraph (2), using existing or new scientifically supportable data. (ii) Requirements A monitoring plan adopted under clause (i) shall— (I) identify situations in which providing operational flexibility in grazing permit or lease uses under the program is appropriate to improve long-term ecological health of the Federal land; (II) identify ways in which progress under the program would be measured toward long-term ecological health of the Federal land; (III) include for projects monitored under the program— (aa) a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (bb) a description of monitoring methods and protocols; (cc) a schedule for collecting data; (dd) an identification of the responsible party for data collection and storage; (ee) an evaluation schedule; (ff) a description of the anticipated use of the data; (gg) provisions for adjusting any components of the monitoring plan; and (hh) a description of the method to communicate the criteria for adjusting livestock grazing use; and (IV) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report. (B) Monitoring plans for interim operational flexibility (i) In general The Secretary shall adopt cooperative rangeland utilization monitoring plans and rangeland health objectives to apply to actions taken under paragraph (3) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land identified for flexible use under the program. (ii) Requirements A monitoring plan developed under clause (i) shall— (I) evaluate the percent utilization of available forage; (II) identify the appropriate percentage of utilization for the feed type, ecosystem, time of year, and type of animal using the allotment; (III) include— (aa) a description of the utilization standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (bb) a description of utilization evaluation protocol; (cc) an evaluation schedule identifying periods during which utilization data will be collected; (dd) provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and (ee) a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground conditions after the period of use; and (IV) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report. (5) Terms and conditions (A) Preferred alternative If the Secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative, the Secretary shall— (i) incorporate the alternative, including applicable monitoring plans adopted under paragraph (4), into the terms and conditions of the applicable grazing permit or lease; and (ii) specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program. (B) Adjustments Before implementing any measure for purposes of operational flexibility with respect to a grazing use authorized under the terms and conditions of a permit or lease with respect to which an alternative has been incorporated under subparagraph (A), the grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment. (C) Additional requirements The Secretary may include any other requirements in a permit or lease with respect to which an alternative has been incorporated under subparagraph (A) that the Secretary determines to be necessary. (c) Review; termination (1) Review (A) In general Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the program to determine whether the objectives of the program are being met. (B) No effect on program permits and leases The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. (2) Termination If, based on the review conducted under paragraph (1), the Secretary determines that the objectives of the program are not being met, the Secretary shall, on the date that is 10 years after the date of enactment of this Act— (A) modify the program in a manner to ensure that the objectives of the program would be met; or (B) terminate the program. (d) No effect on grazing privileges Nothing in this Act— (1) affects grazing privileges provided under the Act of June 28, 1934 (commonly known as the Taylor Grazing Act; 43 U.S.C. 315 et seq.); (2) requires the Secretary to consider modifying or terminating the classification of any existing grazing district on the Federal land in any subsequent plan or decision of the Secretary; or (3) precludes the Secretary from modifying or terminating an existing permit or lease in accordance with applicable law (including regulations).