EFFECTIVE DATE: 02/15/2003
DURATION: Expires on 02/15/2004 / ID R5-2209.13-2003-1
Page 1 of 60
FSH r5-2209.13 - grazing permit administration handbook
Chapter 10 – permits with term status
/ Forest Service Handbook
PACIFIC SOUTHWEST Region
VALLEJO, CA
fsH R5-2209.13 – grazing permit administration handbook
chapteR 10 – permits with term status
Interim Directive No.: R5-2209.13-2003-1
Effective Date: February 15, 2003
Duration: February 15, 2004
Approved: JACK BLACKWELLRegional Forester / Date Approved: February 3, 2003
Posting Instructions: Interim directives are numbered consecutively by Handbook number and calendar year. Post by document name at the end of the chapter. Retain this transmittal as the first page of this document.
New Document(s): / ID R5-2209.13-2003-1 / 60 PagesSuperseded Document(s): / NONE
Digest:
This interim directive (ID) to chapter 10 supplements WO Amendment FSH 2209.13-92-1 effective 8/3/92. The ID issues Regional direction on administering grazing permits with term status. There are numerous small editorial changes throughout the handbook to improve readability. Substantive changes are listed below.
12.3 / Adds guidance relating to implementation of a lower limit requirement.Restates policy relative to Forest Service employees holding Term Grazing Permits and removes obsolete reference to FSM.
16.13 / Clarifies policy on notification of permit modifications that result in reduced numbers or seasons.
Clarifies Region 5 policy on mediation related to 36 CFR 251 appeal process.
16.21a-d / Adds guidance to the administration of permit violations. Provides specific suspension and cancellation guidelines.
17.1 / Adds additional direction regarding Permittee Convenience nonuse to make the Handbook consistent with the Term Grazing Permit (Form FS-2200-10).
18.1-4 / Adds additional direction regarding Requirements and Conditions for approval of Waiver of Term Grazing Permits and changes wording to make this section consistent with the Term Grazing Permit (Form FS-2200-10). Adds additional guidance on execution of Escrow Waivers. Corrects name and acronym for Farm Service Agency (FSA).
JACK BLACKWELL
Regional Forester
Table of Contents
11 - GRAZING PERMITS WITH TERM STATUS (EXCEPT GRAZING AGREEMENTS)
11.1 - Kinds of Grazing Permits With Term Status
11.11 - Term Grazing Permit
11.12 - Term Private Land Grazing Permit
11.13 - Term Grazing Permit with On-and-Off Provisions
11.14- Grazing Agreements. See FSH 2209.13-92-1, Chapter 20.
12.1 - Eligibility Requirements
12.11 - Married Persons
12.12 - Minor Who Is Head of Family
12.13 - Minor Who Has Acquired Base Property or Permitted Livestock
12.14 - Forest Officers
12.15 – Trusts
12.16 – Estates
12.17 - Corporations and Partnerships
12.2 - Qualification Requirements
12.21 - Base Property
12.22 - Livestock Requirements
12.23 - Permit Holders Having Agent or Manager Relationships
12.3 - Upper, Lower and Special Limits
13 - ACQUIRING GRAZING PERMITS WITH TERM STATUS
13.1 - Prior Use
13.11 - On Added Lands
13.12 - Conversion in Kind or Class of Livestock
13.2 - Grant
13.21 - Conditions
13.22 - Grant Priority
13.23 - Related Considerations
13.24 - History of Grant Permits
13.3 - Changes in Ownership
13.4 - Exchange of Permits with Other Agencies
14 - APPLICATION FOR GRAZING PERMITS WITH TERM STATUS
14.1 - Notice to Permit Holders
14.11 - Preferred Applicant Status
14.2 - Applications for Grazing Permits
14.21 - Number, Kind, and Class of Livestock and Period of Use
14.22 - Livestock to be Purchased
14.23 - On-and-Off Provision
14.3 - Supporting Documents
14.31 – Corporations and Partnerships
14.32 - Trusts and Estates
14.33 - Certificates of Brand
14.34 - Records
14.35 - Certified or Sworn Statements and Document Examination
14.36 – Information Revision and Updating
14.4 - Action on Applications
14.41 - Approval
14.42 - Disapproval
15 - ISSUANCE OF GRAZING PERMITS WITH TERM STATUS
15.1 - Issuance of Term Grazing Permits
15.11 - Validation
15.12 - Range Allotment Description
15.13 - Number, Kind, and Class of Livestock, Period of Use, and Grazing Allotment
15.13a - Changes in Number Because of Age Class
15.13b - Variable Numbers and Seasons.
15.14 - Grazing Permit Terms and Conditions
15.14a - General Terms and Conditions
15.14b - Special Terms and Conditions
15.2 - Issuance of Term Private Land Grazing Permits
15.21 - General Guidelines
15.22 - Qualification Requirements
15.23 - Grazing Capacity of Private Lands
15.3 - Issuance of Term Grazing Permits with On-and-Off Provisions
15.31 - General Guidelines
15.32 - Qualification Requirements
15.4 - Only Natural Units Included
16 - CHANGES IN GRAZING PERMITS
16.1 - Modification of Grazing Permits
16.11 - Methods of Modification
16.12 - Modifications That Result in Increased Numbers or Period of Use
16.13 - Modifications That Result in Reduced Numbers or Period of Use
16.14 - Permittee Requested Modifications
16.2 - Suspension or Cancellation of Grazing Permits
16.21 - Permit Violations
16.21a – Notice of Non-Compliance
16.21b - Exception to Written Notice of Non-Compliance and Remedy for Willful Conduct.
16.21c - Exception to Written Notice of Non-Compliance and Remedy Regarding Matters of Public Health, Interest, or Safety.
16.21d – Region 5 Suspension and Cancellation Guidelines
16.22 - Cancellation to Devote Lands to Another Public Purpose
16.23 - Cancellation of Grazing Agreements or Association Permits for Noncompliance With Title VI of Civil Rights Act.
16.3 - Changes Which Might Affect Lands Administered by Other Federal and State Agencies
16.4 – Mediation
16.5 - Status of Grazing Permits During Administrative Reviews
17 - NONUSE OF GRAZING PERMITS WITH TERM STATUS
17.1 - Permittee Convenience
17.2 - Resource Protection or Development
17.3 - Range Research
17.4 - Changes in Kind or Class of Livestock Grazed
18 - WAIVER AND ISSUANCE OF GRAZING PERMITS WITH TERM STATUS BECAUSE OF CHANGE IN OWNERSHIP
18.1 - Transactions with Permit Waiver
18.11 - Sales with Waiver
18.12 - Sales within Family
18.13 - Contracts to Purchase With Waiver
18.14 – Inheritance
18.15 - Partnership Agreements
18.16 - Division of Interests
18.17 - Changes in Ownership of Corporations and Companies
18.18 - Requirements and Conditions for Approval
18.19 – Nonuse
18.2 - Escrow Waivers
18.21 - Execution of Escrow Waiver
18.3 - Foreclosures in Connection With Grazing Permits.
18.31 - Foreclosure with Waiver of Term Grazing Permit
18.32 - Foreclosure with Escrow Waiver
18.33 – Redemption
18.34 - Foreclosure without Escrow Waiver
18.4 - Transactions without Permit Waiver
19 – BANKRUPTCY
19.1 - Types of Bankruptcy Filings.
19.2 - Status of Permit.
11 - GRAZING PERMITS WITH TERM STATUS (EXCEPT GRAZING AGREEMENTS)
Grazing permits with term status are limited to authorizing the use and management of the grazing resource for commercial livestock production purposes. Objectives and policy for issuing grazing permits with term status are in FSM 2230.2 and 2230.3 and in 36CFR §222.3
11.1 - Kinds of Grazing Permits With Term Status
There are four kinds of term permits discussed in the following sections. Term status is also provided through Grazing Agreements, which are covered in chapter 20.
11.11 - Term Grazing Permit
The permit is normally issued for a 10-year term and provides priority for renewal to the holder provided the holder has fully complied with the terms and conditions of the expiring permit (36 CFR §222.3(c)(1)(ii)). See section 15.1 for term grazing permit issuance procedures.
The authorized officer shall issue permits for the full 10-year period, unless one of the following situations exist:
1. The land is pending disposal;
2. The land will be devoted to non-grazing uses prior to the end of 10 years; or
3. It will be in the best interest of sound land management to specify a shorter term. A permit may be issued for less than 10 years under this provision if a project level decision determines that a shorter period is necessary to provide for resource protection or improvement.
11.12 - Term Private Land Grazing Permit
A term private land-grazing permit may be issued to a qualified applicant who owns or controls land in an allotment under Forest Service control. To receive this permit, the applicant must waive exclusive grazing use of the private land involved to the United States for the full period the permit is to be issued. In return, the applicant is authorized to graze livestock in the allotment containing the waived private land. See section 15.2 for term private land grazing permit issuance procedures.
11.13 - Term Grazing Permit with On-and-Off Provisions
A term grazing permit with provisions for grazing on-and-off National Forest System lands and other lands under Forest Service control may be issued to a qualified applicant when a logical grazing area contains both lands under Forest Service administration and lands controlled by the applicant. See section 15.3 for term grazing permit with on-and-off provisions issuance procedures.
11.14- Grazing Agreements. See FSH 2209.13-92-1, Chapter 20.
12 - ELIGIBILITY AND QUALIFICATION REQUIREMENTS FOR PERMITS WITH TERM STATUS
Issue grazing permits only to private individuals, partnerships, corporations, trusts, estates or tribal governments. Federal, State and local governments, or units thereof, are not eligible to receive or hold grazing permits.
Subject to limitations contained within this handbook, the following are eligible to hold term grazing permits.
1. A citizen of the United States.
2. A citizen of a foreign country who has filed a petition for naturalization in the United States.
3. A corporation, partnership or other business entity, including grazing associations or districts organized under State law that is authorized to conduct business in the State where the grazing activity is to be permitted regardless of the location of the entity's headquarters.
4. Tribal governments.
12.1 - Eligibility Requirements
12.11 - Married Persons
Consider husband and wife as an entity for permit purposes. Comply with State law concerning community property. In the case of divorce, the term grazing permit will be allocated based on the terms of the divorce settlement approved by the court of jurisdiction.
In some cases husbands and wives or other family members may be shown as "Joint Tenants with Right of Survivorship (JTROS)". This is a legal entity.
12.12 - Minor Who Is Head of Family
A minor who is the head of a family and provides its principal support has the same status as an applicant of legal age and is eligible to hold a term grazing permit.
12.13 - Minor Who Has Acquired Base Property or Permitted Livestock
A minor who is dependent upon parents or a guardian and who acquires base property or permitted livestock from any source may be issued a grazing permit with term status. Require co-signature of the permit by a parent, guardian, or trustee who assumes responsibility for compliance with terms and conditions of the permit.
12.14 - Forest Officers
No employee of the Forest Service may hold any type of a term grazing permit unless they have received written approval from the Regional Forester.
12.15 – Trusts
The regulations and qualification requirements that apply to individuals also apply to trusts. The trust must hold legal title to permitted livestock and base property.
Trusts are created in various ways and their purposes, management, and methods of termination vary. Consequently, secure assistance of the Regional Office Range Management Specialists to resolve questions regarding legality of a particular trust and its eligibility for holding a permit.
12.16 – Estates
The regulations and qualification requirements that apply to individuals also apply to estates. To be eligible to hold a grazing permit with term status, the estate must hold legal title to permitted livestock and base property. The Court appointed executor will sign for the estate.
In those States where ownership of base property and livestock automatically pass to the surviving spouse under State law, the surviving spouse will continue to enjoy the privileges of a grazing permit, including execution of waivers.
12.17 - Corporations and Partnerships
Regulations and qualification requirements applying to individuals also apply to corporations and partnerships.
To qualify, corporations and partnerships must hold title to both permitted livestock and base property. Normally, one corporation owns both the base property and the permitted livestock. However, in cases involving estate planning, the ranching operation might be organized into two corporations and/or partnerships. Require the corporation or partnership to have the same persons make up each legal entity.
Resolve questions regarding the legality of a particular corporation’s or partnership's eligibility to hold a permit by consulting with the Regional Office Range Management Specialist.
12.2 - Qualification Requirements
To qualify for a grazing permit with term status, an applicant must own base property and livestock to be permitted (with exceptions noted in subsequent sections). Ownership of base property, livestock, and registered brands shall all be in the name of the same legal entity. State authorized leasing of brands will not be recognized as ownership.
12.21 - Base Property
Base property is land owned and used by the permittee for a farm or ranch operation and cannot be leased to another entity. Base property shall include basic livestock management facilities. Base property requirements for grazing associations will be determined in the grazing agreement.
Base property requirements apply to term grazing permits and the on portion of on-and-off permits. Base property is not required for term private land permits.
Forest Supervisors shall establish base property requirements for National Forests within limits established by the Regional Forester. Forest Supervisor may consult with local livestock organizations in determining requirements.
The authorized officer shall approve changes in base property proposed by the permittee if the new base property meets the established base property requirements.
New applications for permits based on undivided ownership shall not be accepted. Each permit shall stand on its own and be subject to waiver and issuance without the complication of multiple ownership of an undivided base property.
12.22 - Livestock Requirements
The term grazing permit holder must own the mature livestock grazed on National Forest System lands. Mature livestock are animals which are 6 months of age or older. Under a term grazing permit with on/off provisions, the permittee must own mature livestock for the “on” portion. Livestock ownership is not required for livestock grazed under term private land grazing permits or for the "off" mature livestock of on-and-off permits.
All mature cattle shall be branded. The brand must be recorded with the California Department of Food and Agriculture, Brand Inspection Service and the permittee must hold a valid certificate of brand. Contact the State and the local Woolgrowers Association to determine branding requirements and brand ownership for sheep.
If mature livestock placed on Forest Service administered lands do not bear the brand shown on the permit application, refer to Section 16.21d (Item 10) for the appropriate administrative action.
Only require brands registered to the permittee on mature animals. To facilitate marketing, offspring may be branded with other brands registered to the permittee. The authorized officer must approve all brands used in conjunction with the term grazing permit.
Permit holders may allow up to 50 percent of the livestock grazed to be owned by their children or other immediate family members if they are establishing a livestock herd of their own with the intent of acquiring the ranch operation, or are involved in a farm youth program such as FFA or 4-H. The permit holder must advise the authorized officer annually that livestock will be grazed under this provision. The authorized officer shall approve the use of the children’s brands prior to the grazing season.
The term grazing permit holder may waive the entire permit to a child or other immediate family member, recognizing the child’s livestock as a portion of the permitted livestock, if the child’s livestock were grazed during the last grazing season under the parent’s permit. This is to encourage continuation of family operations. The permittee may not waive the permit to a non-family member using this provision.
The requirements of ownership are not intended to interfere with routine marketing of livestock. Annual sale and purchase of a portion of the base herd, offspring, or yearlings are acceptable so long as there is a bona fide transaction as evidenced by the actual transfer of funds between parties for the animals. The Forest Service does not consider a resale agreement or issuance of notes or checks and subsequent return of the note or check, upon return of the livestock, to be a bona fide transaction.
12.23 - Permit Holders Having Agent or Manager Relationships
The permittee may make legal arrangements with a second party to operate the ranch and manage the permitted livestock under an agent or manager relationship. The permit holder shall not lease base ranch property or livestock and allow the lessee to use and manage the grazing permit. Under a managerial arrangement, the permit holder retains full responsibility for compliance with the provisions and requirements specified in the grazing permit, the regulations of the Secretary of Agriculture on which the permit is based, and instructions of the Forest Officer.
An agent or manager relationship must comply with the following specific requirements:
1. The permit holder shall retain ownership of both base property and livestock.
2. Only graze permitted livestock owned by the permittee on National Forest System lands. All mature livestock under permit must be branded or marked with the brand of the permit holder.
3. Ownership of base property and permitted livestock must be supported by deeds or contracts to purchase, assessment records, and tax payments on both real property and livestock.
4. The authorized officer must approve in advance an agreement made between a permittee and manager or agent involving a Forest Service grazing permit. Copies of the agreement must be filed with the authorized officer. The extent to which the agent or manager can act for the permit holder in matters pertaining to the grazing permit depends on the scope of the authority delegated by the permittee as shown in the agreement. Ensure that all correspondence regarding the grazing permit is provided to both the permittee and the agent.
12.3 - Upper, Lower and Special Limits
There are no upper or special limits governing the total number of livestock, which an entity is entitled to hold under a Term Grazing Permit. Lower limits are established for the Region from authority delegated in FSM 2204.3.
Lower limits will be 25 head of cattle or 175 head of sheep. The lower limit applies to all numbers under Permit, not just those authorized and billed for on a Term Grazing Permit (Form FS 2200-10). Term grazing permit holders who are currently 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 special lower limits on their Forests with approval from the Regional Forester. Existing permits with less than 25 head of cattle or 175 head of sheep may not be waived except to children or immediate family members as provided under Section 12.22.