1     
LIVESTOCK GRAZING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to provisions relating to grazing under the Utah Public Land
10     Management Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     recognizes a federal grazing permit or lease as a valid existing right in range
14     management; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63L-11-302, as enacted by Laws of Utah 2021, Chapter 382
23     ENACTS:
24          63L-8-404, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63L-8-404 is enacted to read:

28          63L-8-404. Valid existing right.
29          (1) As used in this section, "valid existing right" means an interest in property that a
30     person secures by meeting the requirements of this section.
31          (2) A property right associated with a permit or lease to graze domestic livestock on
32     public lands is a valid existing right if the permit or lease holder:
33          (a) has a valid permit or lease issued by a federal agency that authorizes the permit or
34     lease holder to use the public lands for grazing domestic livestock;
35          (b) grazes the land in a manner consistent with sustained yield;
36          (c) is able to demonstrate that the resources of the land can support continued grazing;
37     and
38          (d) obtains the lease or permit and begins grazing livestock on the public lands before a
39     final decision by a federal agency to withdraw the public lands from use for livestock grazing.
40          Section 2. Section 63L-11-302 is amended to read:
41          63L-11-302. Principles to be recognized and promoted.
42          The office shall recognize and promote the following principles when preparing any
43     policies, plans, programs, processes, or desired outcomes relating to federal lands and natural
44     resources on federal lands under Section 63L-11-301:
45          (1) (a) the citizens of the state are best served by applying multiple-use and
46     sustained-yield principles in public land use planning and management; and
47          (b) multiple-use and sustained-yield management means that federal agencies should
48     develop and implement management plans and make other resource-use decisions that:
49          (i) achieve and maintain in perpetuity a high-level annual or regular periodic output of
50     mineral and various renewable resources from public lands;
51          (ii) support valid existing transportation, mineral, and grazing privileges at the highest
52     reasonably sustainable levels;
53          (iii) support the specific plans, programs, processes, and policies of state agencies and
54     local governments;
55          (iv) are designed to produce and provide the desired vegetation for the watersheds,
56     timber, food, fiber, livestock forage, wildlife forage, and minerals that are necessary to meet
57     present needs and future economic growth and community expansion without permanent
58     impairment of the productivity of the land;

59          (v) meet the recreational needs and the personal and business-related transportation
60     needs of the citizens of the state by providing access throughout the state;
61          (vi) meet the recreational needs of the citizens of the state;
62          (vii) meet the needs of wildlife;
63          (viii) provide for the preservation of cultural resources, both historical and
64     archaeological;
65          (ix) meet the needs of economic development;
66          (x) meet the needs of community development; and
67          (xi) provide for the protection of water rights;
68          (2) managing public lands for wilderness characteristics circumvents the statutory
69     wilderness process and is inconsistent with the multiple-use and sustained-yield management
70     standard that applies to all Bureau of Land Management and United States. Forest Service
71     lands that are not wilderness areas or wilderness study areas;
72          (3) all waters of the state are:
73          (a) owned exclusively by the state in trust for the state's citizens;
74          (b) are subject to appropriation for beneficial use; and
75          (c) are essential to the future prosperity of the state and the quality of life within the
76     state;
77          (4) the state has the right to develop and use the state's entitlement to interstate rivers;
78          (5) all water rights desired by the federal government must be obtained through the
79     state water appropriation system;
80          (6) land management and resource-use decisions which affect federal lands should give
81     priority to and support the purposes of the compact between the state and the United States
82     related to school and institutional trust lands;
83          (7) development of the solid, fluid, and gaseous mineral resources of the state is an
84     important part of the economy of the state, and of local regions within the state;
85          (8) the state should foster and support industries that take advantage of the state's
86     outstanding opportunities for outdoor recreation;
87          (9) wildlife constitutes an important resource and provides recreational and economic
88     opportunities for the state's citizens;
89          (10) proper stewardship of the land and natural resources is necessary to ensure the

90     health of the watersheds, timber, forage, and wildlife resources to provide for a continuous
91     supply of resources for the people of the state and the people of the local communities who
92     depend on these resources for a sustainable economy;
93          (11) forests, rangelands, timber, and other vegetative resources:
94          (a) provide forage for livestock;
95          (b) provide forage and habitat for wildlife;
96          (c) provide resources for the state's timber and logging industries;
97          (d) contribute to the state's economic stability and growth; and
98          (e) are important for a wide variety of recreational pursuits;
99          (12) management programs and initiatives that improve watersheds and forests and
100     increase forage for the mutual benefit of wildlife species and livestock, logging, and other
101     agricultural industries by utilizing proven techniques and tools are vital to the state's economy
102     and the quality of life in the state; [and]
103          (13) (a) land management plans, programs, and initiatives should provide that the
104     amount of domestic livestock forage, expressed in animal unit months, for permitted, active
105     use as well as the wildlife forage included in that amount, be no less than the maximum
106     number of animal unit months sustainable by range conditions in grazing allotments and
107     districts, based on an on-the-ground and scientific analysis;
108          (b) the state opposes the relinquishment or retirement of grazing animal unit months in
109     favor of conservation, wildlife, and other uses;
110          (c) (i) the state favors the best management practices that are jointly sponsored by
111     cattlemen, sportsmen, and wildlife management groups such as chaining, logging, seeding,
112     burning, and other direct soil and vegetation prescriptions that are demonstrated to restore
113     forest and rangeland health, increase forage, and improve watersheds in grazing districts and
114     allotments for the benefit of domestic livestock and wildlife;
115          (ii) when practices described in Subsection (13)(c)(i) increase a grazing allotment's
116     forage beyond the total permitted forage use that was allocated to that allotment in the last
117     federal land use plan or allotment management plan still in existence as of January 1, 2005, a
118     reasonable and fair portion of the increase in forage beyond the previously allocated total
119     permitted use should be allocated to wildlife as recommended by a joint, evenly balanced
120     committee of livestock and wildlife representatives that is appointed and constituted by the

121     governor for that purpose; and
122          (iii) the state favors quickly and effectively adjusting wildlife population goals and
123     population census numbers in response to variations in the amount of available forage caused
124     by drought or other climatic adjustments, and state agencies responsible for managing wildlife
125     population goals and population census numbers will, when making those adjustments, give
126     due regard to both the needs of the livestock industry and the need to prevent the decline of
127     species to a point of listing under the terms of the Endangered Species Act;
128          (d) the state opposes the transfer of grazing animal unit months to wildlife for
129     supposed reasons of rangeland health;
130          (e) reductions in domestic livestock animal unit months must be temporary and
131     scientifically based upon rangeland conditions;
132          (f) policies, plans, programs, initiatives, resource management plans, and forest plans
133     may not allow the placement of grazing animal unit months in a suspended use category unless
134     there is a rational and scientific determination that the condition of the rangeland allotment or
135     district in question will not sustain the animal unit months sought to be placed in suspended
136     use;
137          (g) any grazing animal unit months that are placed in a suspended use category should
138     be returned to active use when range conditions improve;
139          (h) policies, plans, programs, and initiatives related to vegetation management should
140     recognize and uphold the preference for domestic grazing over alternate forage uses in
141     established grazing districts while upholding management practices that optimize and expand
142     forage for grazing and wildlife in conjunction with state wildlife management plans and
143     programs in order to provide maximum available forage for all uses; and
144          (i) in established grazing districts, animal unit months that have been reduced due to
145     rangeland health concerns should be restored to livestock when rangeland conditions improve,
146     and should not be converted to wildlife use[.]; and
147          (14) a permit or lease to graze livestock on public lands is a valid existing right for
148     purposes of federal land withdrawals when the permit or lease holder meets the requirements
149     described in Section 63L-8-404.
150          Section 3. Effective date.
151          This bill takes effect on May 1, 2024.