EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed. / 2230
Page 1 of 7
FSM 2200 – range management
Chapter 2230 - grazing and livestock use permit system
2230.3 – Policy
1. Authorize pack and saddle stock, pastured on National Forest System (NFS) lands and used for the management of permitted livestock, by either a term grazing or paid livestock use permit. If authorized on a term grazing permit, a stipulation in Part 3 of the permit must indicate stock is for the management of permitted livestock and cannot be waived except as a part of a total waiver of the term grazing permit. Authorize management livestock for the same term period as permitted livestock on NFS lands and bill on the Bill for Collection prior to the initiation of grazing. Permits shall cover only those animals actually needed and used in connection with permitted livestock use when there is available forage.
Animals used periodically in management, but not pastured on NFS lands are exempted from authorization requirement under written paid permit.
2231.03 - Policy
1. Issue term grazing permits to authorize 10 years of grazing. Permits should expire at the end of the calendar year (December 31) following the final year of grazing authorized.
c. Permits with terms of less than 10 years, based on the best interest of sound land management, must be supported with a written justification. Examples of bonafide exceptions are: known instances where transitory range will not allow 10 years' use, or waived private land will not be available for 10 years.
As stated in the Federal Land Policy and Management Act (PL 94-579) the lack of an Allotment Management Plan (AMP) is not basis for issuing a permit for less than 10 years (Sec. 402(b)(3)).
2. In cases where there are applications for either a term or temporary grazing permit where allotments are either vacant or in non-use status due to permittee convenience, the line officer should consider the following prior to issuing a permit:
a. Evaluate applications to fill in behind non-use for personal convenience on a case-by-case basis. In general, applications may be approved when a "yes" response to all the statements listed below can be made:
(1) Filling in behind permittee convenience non-use improves or moves vegetation, soils and watersheds toward desired conditions.
(2) There is a NEPA sufficient allotment management plan in place on the Allotment.
(3) Monitoring information is sufficient to indicate that the ForestLand and Resource Management Plan and/or AMP objectives on the allotment are being met.
(4) Approval of the application would not result in failure to properly administer existing term grazing permits, nor would it cause the District to be in non-compliance with the 15 year NEPA/AMP schedule. In addition filling in behind non-use would not increase the range administration workload or take time or funding away from other allotment administration or monitoring. For example, filling in behind non-use on a community allotment would not result in any additional effort in administration and monitoring compared to filling in behind non-use on an individual permittee allotment.
Filling in behind permittee convenience non-use should be the exception and not the rule in the Intermountain Region.
b. Address the following prior to considering issuance of term grazing permits through the Grant Process (FSH 2209.13, sec. 13.2) on vacant allotments. In general, a positive response to all these statements may indicate the issuance of a term grazing permit for unobligated grazing capacity through the Grant Process:
(1) The allotment has an approved Allotment Management Plan and current NEPA documentation.
(2) Reasonable efforts have been made to use this and other vacant allotments to solve resource problems on other allotments. For example, vacant allotments should be considered for consolidation with other allotments to address resource issues and in doing so, stabilizing existing permittees.
(3) Issuance of a grazing permit on a vacant allotment does not interfere with the ability to complete rangeland priorities on allotments that are stocked. Stocking a vacant allotment will not take time or funding away from other allotments that require more funding for administration, monitoring or management planning.
Stocking vacant allotments should be the exception and not the rule in the Intermountain Region.
2231.13 - Term PrivateLand Grazing Permit
Persons who own or control land within an allotment may be authorized grazing through a term private land-grazing permit, for the estimated capacity of the waived private land, if it is in the best interest of the Government. A determination of being in the best interest of the government should include the cost of management and administration of the permit. Encourage private landholders to fence inholdings and provide for appropriate management separate from NFS grazing allotments. If it is in the best interest of the government, the Forest must be willing and capable of providing the appropriate levels of administration and monitoring needed. Do not issue a term private land grazing permit if there is any question about the carrying capacity of the offered land.
2231.22a - Term Permits
1. Intermountain Region Base Property Requirement. The base property requirement, regardless of the type of livestock operation, is ownership of an improved headquarters and the land upon which it is located. A headquarters is a livestock-operating base that provides a logical, efficient, operational base with appropriate facilities (such as fences, corral, and livestock water facilities) to conduct a livestock operation. The base property need not include a residence. Base property shall not be more than 40 acres, nor less than 1 acre in size. It may be located either within or outside the boundaries of the Region.
Occasionally, within the Region, church groups acquire base ranch property and/or permitted livestock. Treat these groups no differently than any other entity that acquires either base property or permitted livestock and presents a waiver of term grazing privilege (FS-2200-12) to the authorized officer. Assess each case on the information provided. Authorized Officers, when approving an application and a term grazing permit for a church organization, must be absolutely certain that ownership of the livestock and base property resides entirely with the identified entity.
Each Forest Supervisor must establish base property requirements for the Forest that are the same as or less than the Regional maximum requirements. The requirements should provide the flexibility the livestock industry needs to meet economic conditions and reduce government intervention into the private sector. Forest Supervisors may confer with adjoining Forests and Bureau of Land Management Districts, livestock industry representatives (both permittees and nonpermittees), and other interested publics in development of their Forest's base property standards. Formal documentation of this action is not required.
National Grassland permittees, who are members of a grazing association having a grazing agreement with the Forest Service, must comply with land ownership and qualification requirements specified in the association's bylaws and/or rules of management.
2. Authorized Officer Approval of Base Property. Authorized officers must verify, approve, and document the specific base property on the special provisions and requirements portion of the term grazing permit (FS-2200-10e) issued to each permittee. Use one of the methods below:
a. A map of the base property may be used in place of a written description. This is the preferred method.
b. A written description, "The base property for this permit is identified as follows: (insert description)."
Permittee must apply for a change of base property and the Authorized Officer must approve change in writing.
3. Ownership of Livestock. The permittee has ownership, control, and responsibility for livestock run under a term grazing permit, except as allowed in FSM 2234.17. The permittee must be able to furnish a properly executed and notarized bill of sale with a cancelled check to indicate purchase and a brand certificate from the State Brand Division showing ownership of the brand placed on the livestock. The seller cannot retain any interest in the livestock other than through a mortgage or contract.
2231.24 - Establishing Upper, Lower, and Special Limits
Forest Supervisors are delegated the authority to establish upper limits and special limits for grazing permits (FSM 2204.2). Any changes in the upper limits should be reported to the Regional Forester. Forest Supervisors should confer with adjoining forests and livestock industry representatives when changing upper limits. Formal documentation is not required.
Lower limits for the Intermountain Region, utilizing the authority granted in FSM 2204.2 are either 25 head of Cattle or 175 head of sheep. Term grazing permit holders who are below these numbers will be allowed to continue to hold a term grazing permit, but will only be allowed to waive their term grazing permit to another term grazing permit holder who will as a result of this acquisition be at or above the lower limit requirements. Forest Supervisors may set lower limits for their Forests which shall be equal to or greater than those established for the Intermountain Region.
2231.4 - Application for Grazing Permits with Term Status
Request a list of stockholders or partners and the name(s) of those who are authorized to sign for the corporation or partnership as a part of the application package to partnerships or corporations. Include this information on the Statement of Corporation or Partnership Interest as a part of the grazing permit application package.
2231.6 - Changes in Grazing Permits
Normal replacements of permitted livestock averages between 15 and 20 percent. Authorized Officers must review and approve proposals for greater percentage of replacement in permitted animals purchased and used as the basis of waiver of term grazing permit by a new permittee.
2231.61 - Modification of Grazing Permits
2. Use FS 6500-89, Bill for Collection for authorizations of temporary (annual) modifications to allow larger numbers of livestock for shorter periods, or smaller numbers for longer periods. Applications for such changes must be made on Form FS 2200-16, Application for Term Grazing Permit or by other written, dated and signed documentation to show the modification was made at the permittee's request. Make an evaluation of the impact on the soil, water and vegetation resources and document in the permit folder the rationale for approval of the change prior to granting a request for any change in numbers and/or season. This change does not require National Environmental Policy Act (NEPA) analysis and disclosure.
3. On individual allotments, a temporary modification from cow/calf to yearling may be made for the total permitted number if no resource capability problems are likely. Make modifications on community allotments, from cow/calf to yearling operations only if the majority of the permittees agree with the change, and resource capability problems are not likely. There is no fixed conversion rate for yearlings. Evaluate each allotment for use by different class of livestock, such as yearlings. In some instances allotments can sustain additional numbers, while in others the same number of yearlings as mature cattle should be authorized. This change does not require NEPA analysis and disclosure.
Carefully consider conversions from one class of livestock to another. There are very few areas within the Region where the potential to shift from sheep to cattle remain. If there is a concern about the conversion, establish a date in the term grazing permit (Part 3) for reanalyzing the allotment to determine if the resource is responding to the changed management. Insert a clause in Part 3 of the term grazing permit stating if resource deterioration is occurring as the result of the conversion, it will be discontinued and the original class of livestock returned.
Permittees proposing conversion to a different class of livestock are responsible for all costs related to the construction of necessary structural improvements needed to control and manage livestock. Do not allow placement of a new class of livestock on the allotment until the required improvements are completed. This change is for the convenience of the permittee and no federal funds may be expended to accomplish construction of required livestock control and management improvements. Consider easily removed improvements, such as electric fences, when initial evaluation indicates there is a question about the proposed conversion from a resource standpoint.
2231.62 - Suspension or Cancellation of Grazing Permits
Take action as outlined in Part 1 and 2 of the term grazing permit when use by permittee-owned livestock varies from that authorized by the approved grazing permit (excess numbers, grazing outside the permitted season, wrong allotment wrong pasture, different kind of livestock).
Unauthorized use by nonpermittee livestock is a violation of 36 CFR 261.7 and requires law enforcement action. While impoundment action is an option in these circumstances, take no action to impound until the situation and the proposed action has been reviewed with the Regional Forester. Forest/District law enforcement personnel (LEO) should take the lead in these cases.
2231.62c - For Violation of Terms and Conditions of Grazing Permit
Take action as outlined in Part 1 and 2 of the term grazing permit when use by permittee-owned livestock varies from that authorized for that grazing season on the Bill for Collection, Annual Operations Plan, or the term grazing permit (excess numbers, grazing outside the permitted season, wrong allotment wrong pasture, different kind of livestock).
1. Excess Livestock Use (FSM 2230.5). Follow administrative action below if authorized livestock are grazed in the wrong place, at the wrong time, or wrong numbers:
a. Notify the permittee of the violation of terms and conditions in a Notice of Noncompliance (NONC) letter. This NONC should detail the violation found, required corrective action, and establish a time frame in which corrective action must be accomplished. Send the NONC “Certified Mail – Return Receipt Requested”. Following expiration of the established time frame send a second letter to the permittee either:
(1) Thanking them for compliance or;
(2) Documenting continued noncompliance and initiating either suspension or cancellation action.
If the permittee will not accept Certified Mail, or sign a receipt, have this documented by the local Postmaster or route carrier of the United States Postal Service. The letter may then be sent by regular first class mail. An alternative is hand delivering the notification letter. Coordinate this course of with the Forest/District LEI personnel. It is important the permittee is informed of the action proposed and is given an appropriate time to respond to the Forest officer making the decision. The action taken should be in line with direction contained in the Forest's Uniform Action Guide, if the Forest has developed one. Otherwise the action proposed should be of a magnitude that the permittee would recognize the violation as a serious concern to the Forest Service.
b. Bill the holder of a grazing permit at the unauthorized use rate for excess use. Assess late payments, interest, and penalties in accordance with the terms of the permit. If the issuance of the bill is not cost effective, that is, the cost to prepare and process is more than the amount of the bill ($100 - see R-4 supplement to FSH 2209.13, ch. 80), defer the billing and include with the next regular billing for grazing fees. No interest or penalties accrue because the bill was not issued.
2. Unauthorized Livestock Use (FSM 2230.5). Take civil action against the owner of the livestock if non-permitted livestock are placed or allowed to enter or be on National Forest System land or other lands under Forest Service control (36 CFR 261.7). Law enforcement personnel must take the lead in this action with assistance furnished by range-trained personnel. Bill at the unauthorized use rate in all instances of unauthorized use.
2231.7 - Nonuse of Grazing Permits with Term Status
Nonuse for Permittee Convenience is limited to three consecutive years in the Intermountain Region. Approve Permittee convenience nonuse one year at a time, not for the maximum three-year period on one application.
Resource protection nonuse may be approved up to the remaining term of the grazing permit in the Intermountain Region. However, view extended periods of resource protection nonuse as a sign that resource problems exist on the allotment and that action, such as reduction in season of use or permitted numbers, is probable at the end of the nonuse period. Discuss with the permittee prior to signing of the resource protection nonuse agreement.
2231.8 - Waiver and Reissuance of Grazing Permits with Term Status Because of Changes in Ownership
Do not approve nonuse during the first year of issuance of a grazing permit with term status to a new permittee. Grant nonuse only when requested by an existing permittee who holds a grazing permit with term status, which has been validated. Validation is accomplished, as indicated in part 2 paragraph 1 of the Term Grazing Permit, FS-2200-10, by having a bill for collection issued, paying the Bill for Collection, and placing at least 90 percent of the permitted livestock on the authorized National Forest allotment the first year after the permit is issued.