The National Grange of the Order of Patrons of Husbandry
     
 
 
Action Alert Updates


Support the Bureau of Land Management's Proposed Rule for Livestock Grazing on Public Lands

02/17/2004

 

The U.S. Department of the Interior and its Bureau of Land Management released a new proposed grazing rule in the Federal Register on December 8, 2003. rule text "This proposed rule will help public lands ranchers stay on the land," Interior Secretary Norton said. "This proposal recognizes that ranching is crucial not only to the economies of Western rural communities, but also to the history, social fabric, and cultural identity of these communities."

The proposed changes, which are looser regulations on livestock grazing on about 160 million acres of public lands across the West, will reward ranchers who make improvements to the public lands they graze livestock on, put limits on public comment on grazing leases and give ranchers one additional year in which to improve their range management before they must remove animals from damaged public lands. The Bureau of Land Management is seeking public comment on the proposed rule and the comment period is extended to March 2, 2004.

The National Grange submitted comments in May, 2003 regarding the BLM's grazing regulatory amendments last year. In the comments, Grange asked BLM to give permittees some title to the range improvements that they make and pay for, extend permitted non-use from 3 to 5 years, and change the definition of "grazing preference" to mean the amount of forage to which a landowner is entitled to. Click here to review 5/2/03 National Grange comment submitted to the BLM. The BLM's new proposed rule reflects these requests.

The proposed rule would revise existing Federal grazing regulations in the following ways under three categories of action.

Improving Working Relationships with Grazing Permittees and Lessees

In this category, the proposed rule would:

  • Ensure that BLM managers consider and document the social, cultural, and economic consequences of decisions affecting grazing, consistent with the requirements of the National Environmental Policy Act (NEPA) of 1969.
  • Allow the BLM and a grazing permittee to share title of certain permanent range improvements -- such as a fence, well, or pipeline -- if they are constructed under what is known as a Cooperative Range Improvement Agreement (as was allowed prior to 1995).
  • Phase in grazing decreases (and increases) of more than 10 percent over a five-year period, consistent with existing law and in full recognition of the BLM's authority to respond as necessary to drought, fire, and other resource conditions.
  • Expand the definition of "grazing preference" to include an amount of forage on public lands attached to a rancher's private "base" property, which can be land or water. This expanded definition, similar to one that existed from 1978 to 1995, when the "Rangeland Reform" rules took effect, makes clear that grazing preference has a quantitative meaning (forage amounts, measured in Animal Unit Months) as well as a qualitative one (precedence of position in the "line" for grazing privileges).

Assessing and Protecting Rangelands

In this category, the proposed rule would:

  • Require assessments and monitoring of resource conditions to support BLM evaluations of whether an allotment is meeting rangeland health standards. Currently, these evaluations may be supported by documented observational assessments rather than by the more in-depth information collection procedures used in monitoring.
  • Extend to 24 months, from the current 12 months, the BLM's self-imposed deadline for initiating an appropriate course of action to make remedial changes in grazing practices that significantly contribute to an allotment's failure to meet rangeland health standards.
  • Remove the current three-consecutive-year limit on temporary non-use of a grazing permit by allowing livestock operators to apply for non-use for up to one year at a time, whether for conservation or business purposes.

Addressing Legal Issues and Enhancing Administrative Efficiency

Under this category, the proposed rule would:

  • Eliminate, in compliance with Federal court rulings, existing regulatory provisions that allow the BLM to issue long-term "conservation use" permits.
  • Make clear how the BLM will authorize grazing if a Bureau decision affecting a grazing permit is "stayed" (postponed) pending administrative appeal.
  • Clarify that if a livestock operator is convicted of violating a Federal, state, or other law, and if the violation occurs while he is engaged in grazing-related activities, the BLM may take action against his grazing permit or lease only if the violation occurred on the BLM-managed allotment where the operator is authorized to graze.
  • Improve efficiency in the BLM's management of public lands grazing by reducing the occasions in which the Bureau is mandated to involve the interested public. Under this provision, the BLM could involve the public in such matters as day-to-day grazing administration, but would no longer be required to do so. The BLM would continue to involve the public in all major Bureau planning decisions, such as grazing allotment plans and land-use plans.
  • Provide flexibility to the Federal government in decisions relating to livestock water rights by removing the current requirement that the BLM seek sole ownership of these rights where allowed by state law.
  • Clarify that a biological assessment of the BLM, prepared in compliance with the Endangered Species Act, is not a decision of the Bureau and therefore is not subject to protests and appeals.
  • Increase certain service fees to reflect more accurately the cost of grazing administration. (The fees apply to the BLM's issuance of livestock crossing permits, transfer of grazing preferences, and cancellation or replacement of grazing bills.)

PLEASE TRY TO FILE YOUR COMMENTS NO LATER THAN MARCH. 2, 2004
TO SUPPORT THE BLM'S GRAZING PROPOSED RULE!

Send comments to:

Director (630)
Bureau of Land Management, Eastern States Office,
7450 Boston Boulevard
Springfield, Virginia 22153
Attention: RIN 1004-AD42
Email: WOComment@blm.gov

Click here for direct Internet response address and follow the instructions there.

To Whom It May Concern:

I am in favor of BLM's proposed rule to help allow ranchers to stay on public lands for grazing purposes. I appreciate the agency's efforts for more efficient and rancher-friendly public lands management. Please implement these rule changes as soon as possible.

Sincerely,

(Signature)
(Name)__________________________

(Grange/Grange name and number) __________________________

 

If you have any questions or comments please contact Legislative Research Analyst Chil-Sook Hwang by fax: 202-347-1091 or by phone: 1-888-4GRANGE, ext 109. Thank you for your grassroots participation in the National Grange Legislative program.

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