Text of Senate Amendment 4529

Text of Senate Amendment 4529

Congressional Record, Volume 172 Issue 49 (Wednesday, March 18, 2026) [Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)] [Senate] [Pages S1239-S1243] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4529. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE __--MALHEUR COUNTY LAND HEALTH MANAGEMENT PROGRAM SEC. __01. SHORT TITLE. This title may be cited as the ``Malheur Community Empowerment for the Owyhee Act''. SEC. __02. DEFINITIONS. In this title: (1) Bureau.--The term ``Bureau'' means the Bureau of Land Management. (2) County.--The term ``County'' means Malheur County, Oregon. (3) Federal land.--The term ``Federal land'' means land in the County managed by the Bureau. (4) Long-term ecological health.--The term ``long-term ecological health'', with respect to an ecosystem, means the ability of the ecological processes of the ecosystem to function in a manner that maintains the composition, structure, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant and animal communities, habitats, connectivity, and conditions that are sustainable through successional processes. (5) Malheur c.e.o. group.--The term ``Malheur C.E.O. Group'' means the group established by section __04(b). (6) Operational flexibility.--The term ``operational flexibility'', with respect to grazing on the Federal land, means-- (A) a seasonal adjustment of livestock positioning for the purposes of that grazing pursuant to a flexible grazing use authorized under the program with respect to which written notice is provided; or (B) an adjustment of water source placement with respect to which written notice is provided. (7) Program.--The term ``program'' means the Malheur County Grazing Management Program authorized under section __03(a). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means the State of Oregon. SEC. __03. 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 [[Page S1240]] 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

Referenced legislation: HR2570