article: SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Secretary of Agriculture (referred to in this Act as the ``Secretary'') administers the 191,000,000-acre National Forest System for multiple uses in accordance with Federal law; (2) where suitable, one of the recognized multiple uses for National Forest System land is grazing by livestock; (3) the Secretary authorizes grazing through the issuance of term grazing permits that have terms of not to exceed 10 years and that include terms and conditions necessary for the proper administration of National Forest System land and resources; (4) as of the date of enactment of this Act, the Secretary has issued approximately 9,000 term grazing permits authorizing grazing on approximately 90,000,000 acres of National Forest System land; (5) of the approximately 9,000 term grazing permits issued by the Secretary, approximately one-half have expired or will expire by the end of 1996; (6) if the holder of an expiring term grazing permit has complied with the terms and conditions of the permit and remains eligible and qualified, that individual is considered to be a preferred applicant for a new term grazing permit in the event that the Secretary determines that grazing remains an appropriate use of the affected National Forest System land; (7) in addition to the approximately 9,000 term grazing permits issued by the Secretary, it is estimated that as many as 1,600 term grazing permits may be waived by permit holders to the Secretary in favor of a purchaser of the permit holder's permitted livestock or base property by the end of 1996; (8) to issue new term grazing permits, the Secretary must comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other laws; (9) for a large percentage of the grazing permits that will expire or be waived to the Secretary by the end of 1996, the Secretary has devised a strategy that will result in compliance with the National Environmental Policy Act of 1969 and other applicable laws (including regulations) in a timely and efficient manner and enable the Secretary to issue new term grazing permits, where appropriate; (10) for a small percentage to the grazing permits that will expire or be waived to the Secretary by the end of 1996, the strategy will not provide for the timely issuance of new term grazing permits; and (11) in cases in which ranching operations involve the use of a term grazing permit issued by the Secretary, it is essential for new term grazing permits to be issued in a timely manner for financial and other reasons. (b) Purpose.--The purpose of this Act is to ensure that graving continues without interruption on National Forest System land in a manner that provides long-term protection of the environment and improvement of National Forest System rangeland resources while also providing short-term certainty to holders of expiring term grazing permits and purchasers of a permit holder's permitted livestock or base property. SEC. 2. DEFINITIONS. In this Act: (1) Expiring term grazing permit.--The term ``expiring term grazing permit'' means a term grazing permit-- (A) that expires in 1995 or 1996; or (B) that expired in 1994 and was not replaced with a new term grazing permit solely because the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws has not been completed. (2) Final agency action.--The term ``final agency action'' means agency action with respect to which all available administrative remedies have been exhausted. (3) Term grazing permit.--The term ``term grazing permit'' means a term'' grazing permit'' or grazing agreement issued by the Secretary under section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act entitled ``An Act to facilitate and simplify the work of the Forest Service, and for other purposes'', approved April 24, 1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C. 580l), or other law. SEC. 3. ISSUANCE OF NEW TERM GRAZING PERMITS. (a) In General.--Notwithstanding any other law, the Secretary shall issue a new term grazing permit without regard to whether the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws has been completed, or final agency action respecting the analysis has been taken-- (1) to the holder of an expiring term grazing permit; or (2) to the purchaser of a term grazing permit holder's permitted livestock or base property if-- (A) between January 1, 1995, and December 1, 1996, the holder has waived the term grazing permit to the Secretary pursuant to section 222.3(c)(1)(iv) of title 36, Code of Federal Regulations; and (B) the purchaser of the term grazing permit holder's permitted livestock or base property is eligible and qualified to hold a term grazing permit. (b) Terms and Conditions.--Except as provided in subsection (c)-- (1) a new term grazing permit under subsection (a)(1) shall contain the same terms and conditions as the expired term grazing permit; and (2) a new term grazing permit under subsection (a)(2) shall contain the same terms and conditions as the waived permit. (c) Duration.-- (1) In general.--A new term grazing permit under subsection (a) shall expire on the earlier of-- (A) the date that is 3 years after the date on which it is issued; or (B) the date on which final agency action is taken with respect to the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (2) Final action in less than 3 years.--If final agency action is taken with respect to the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws before the date that is 3 years after the date on which a new term grazing permit is issued under subsection (a), the Secretary shall-- (A) cancel the new term grazing permit; and (B) if appropriate, issue a term grazing permit for a term not to exceed 10 years under terms and conditions as are necessary for the proper administration of National Forest System rangeland resources. (d) Date of Issuance.-- (1) Expiration on or before date of enactment.--In the case of an expiring term grazing permit that has expired on or before the date of enactment of this Act, the Secretary shall issue a new term grazing permit under subsection (a)(1) not later than 15 days after the date of enactment of this Act. (2) Expiration after date of enactment.--In the case of an expiring term grazing permit that expires after the date of enactment of this Act, the Secretary shall issue a new term grazing permit under subsection (a)(1) on expiration of the expiring term grazing permit. (3) Waived permits.--In the case of a term grazing permit waived to the Secretary pursuant to section 222.3(c)(1)(iv) of title 36, Code of Federal Regulations, between January 1, 1995, and December 31, 1996, the Secretary shall issue a new term grazing permit under subsection (a)(2) not later than 60 days after the date on which the holder waives a term grazing permit to the Secretary. SEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW. The issuance of a new term grazing permit under section 3(a) shall not be subject to administrative appeal or judicial review. SEC. 5. REPEAL. This Act is repealed effective as of January 1, 2001.
summary: Requires the Secretary of Agriculture to issue new term grazing permits for National Forest System lands to replace previously issued expired or expiring permits.