R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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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 Forest Land and
Resource Management Plan and/or AMP objectives on the allotment are being met.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
(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 Private Land 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.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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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
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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 threeyear 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.
Place a new permittee who is not fully qualified through ownership of both livestock and base
property, in a "Preferred Applicant" status and establish an agreed upon date to meet
requirements for issuance of a term grazing permit. This date may be changed if the preferred
applicant presents the authorized officer with additional valid reasons after the date is initially
established. The Authorized Officer should receive the waiver (FS-2200-12) and the application
(FS-2200-16) and place these in a pending file. Confirm status as a Preferred Applicant in a
letter to the applicant, stating the reason for the determination and establishing the date by which
the term grazing permit must be issued to them as a qualified applicant. Failure to meet these
conditions by the established date will result in the cancellation of the Preferred Applicant status.
This may result in the availability of unobligated grazing, which would be considered through
the Grant Process.