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FOREST SERVICE MANUAL
NORTHERN REGION (REGION 1)
MISSOULA, MT
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING AND LIVESTOCK USE PERMITS
Interim Directive No.: 2209.13-2012-3
Effective Date: July 6, 2012
Duration: This interim directive expires on January 6, 2014.
Approved: FAYE L. KRUEGER
Regional Forester
Date Approved: 07/03/2012
Posting Instructions: Interim directives are numbered consecutively by Handbook number
and calendar year. Post by document at the end of the chapter. Retain this transmittal as the first
page(s) of this document. The last interim directive was 2209.13-2012-2 to chapter 20.
New Document(s):
id_2209.13-2012-3
8 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
id_2209.13-2010-3, 11/08/2010
9 Pages
Digest:
31.21 – Corrects the reference for assessment of fees related to outfitter/guide livestock use to
FSH 2709.11, Chapter 30.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
id_2209.13-2012-3
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
Table of Contents
31 - TEMPORARY GRAZING OR LIVESTOCK USE PERMITS .................................... 3
31.1 – Temporary Grazing Permits ............................................................................................. 3
31.11 - To Use Forage Made Available Due to the Suspension of a Term Grazing Permit ... 4
31.12 - To Use Forage Created by Unusually Favorable Climatic Conditions ...................... 4
31.13 - To Use Forage During Periods of Permittee Convenience Nonuse ........................... 4
31.14 - Following Waiver of a Term Grazing Permit ............................................................. 4
31.15 - During Drought or Other Acts of Nature .................................................................... 4
31.16 – Because of Escrow Waiver held by Farm Service Agency ....................................... 4
31.2 – Livestock Use Permits ..................................................................................................... 5
31.21 – For Transportation Livestock ..................................................................................... 5
31.22 – For Approved Research or Administrative Study Activities ..................................... 5
31.23 - For Crossing National Forest System Lands .............................................................. 6
31.24 – For Breeding Animals Not Owned by the Term Permit Holder ................................ 6
31.25 – For Vegetation Management ...................................................................................... 7
31.26 – Permittee Working Saddle and Pack Animal Use ..................................................... 7
32 – ELIGIBILITY............................................................................................................ 7
33 – QUALIFICATIONS .................................................................................................. 7
34 - APPLICATION PROCEDURE ................................................................................. 8
35 - ISSUANCE OF TEMPORARY GRAZING OR LIVESTOCK USE PERMITS .......... 8
36 - MODIFICATIONS IN TEMPORARY GRAZING OR LIVESTOCK USE PERMITS.. 8
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
id_2209.13-2012-3
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
31 - TEMPORARY GRAZING OR LIVESTOCK USE PERMITS
Temporary grazing or livestock use permits authorize grazing on National Forest System lands
and other lands under Forest Service control for short periods of time, not to exceed one year.
Temporary grazing or livestock use permits are issued in limited, well-defined circumstances
when grazing under a term grazing permit has temporarily ceased or when the issuance of a term
grazing permit is not appropriate.
Unless grazing without charge is specifically provided for, fees for grazing under a temporary
grazing or livestock use permit are assessed in accordance with the same agency policies and
procedures applicable to term grazing permits. See chapter 80.
Decisions to issue temporary grazing or livestock use permits are entirely discretionary on the
part of the authorized officer and must be within the scope of effects disclosed in a National
Environmental Policy Act (NEPA) analysis and decision. (See chapter 90.) Temporary grazing
or livestock use permits are issued on Form FS-2200-5. A new temporary grazing or livestock
use permit may be issued upon expiration of the old permit, but the holder of the expired permit
has no priority for issuance of a new permit.
Each application for a temporary grazing or livestock use permit shall be evaluated on a case by
case basis and shall only be issued when all of the following conditions are satisfied:
1. Vegetation, soils, and watershed conditions would be maintained, improved or moved
towards desired conditions by the authorized grazing activity.
2. A current NEPA analysis and decision has been approved.
3. Monitoring indicates that objectives from the forest or grassland plan and/or AMP are
being met or that satisfactory progress is being made toward those objectives.
4. The permit administration responsibilities associated with the temporary grazing or
livestock use permit would not interfere with or detract from term grazing permit administration
responsibilities.
31.1 – Temporary Grazing Permits
Temporary grazing permits are issued in certain circumstances to allow use of forage available
on National Forest System lands when issuance of or modification of a term grazing permit is not
appropriate. Authorization of livestock grazing under a temporary grazing permit must be
consistent with the criteria listed above. In most instances, temporary use would be authorized
under a modification to an existing term grazing permit. An exception may be made for BLM or
other sister agencies permit holders. Examples of the circumstances under which the authorized
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
officer may consider issuing a temporary grazing or livestock use permit are discussed in the
following sections, 31.11 through 31.16.
31.11 - To Use Forage Made Available Due to the Suspension of a Term Grazing
Permit
A temporary grazing or livestock use permit may be issued to allow fill behind use of forage
available on an allotment if the term grazing permit for that allotment has been suspended.
However, under no circumstances should such permits be issued to the holder of the suspended
term grazing permit.
31.12 - To Use Forage Created by Unusually Favorable Climatic Conditions
A temporary grazing or livestock use permit may be issued to allow use of increased forage
produced due to unusually favorable climatic conditions. Previous climatic conditions should
always be considered when evaluating an application for a temporary grazing or livestock use
permit. Consequently, one year of above normal precipitation producing an abundant vegetation
response after several years of below normal precipitation should not be considered a reason in
support of issuance of the permit.
31.13 - To Use Forage During Periods of Permittee Convenience Nonuse
A temporary grazing or livestock use permit may be issued to allow use of forage on an
allotment where the term permit holder is taking permittee convenience nonuse.
31.14 - Following Waiver of a Term Grazing Permit
If a term permit holder has sold base property but not permitted livestock and executed a Waiver
of Term Grazing Permit (Form FS-2200-12), the authorized officer may issue a temporary
grazing or livestock use permit to the former permit holder to authorize the continued grazing of
livestock for the remainder of the season if the recipient of the new term grazing permit elects
not to graze livestock on the permitted allotment(s) until the beginning of the next grazing
season.
31.15 - During Drought or Other Acts of Nature
Temporary grazing or livestock use permits may authorize the use of forage on certain allotments
when permittees have been displaced from their permitted allotments as a result of drought, fire,
or other “acts of nature” of a national or regional scope.
31.16 – Because of Escrow Waiver held by Farm Service Agency
Lessees of base property held by the Farm Service Agency (FSA) are given priority for issuance
of a temporary grazing permit on allotments associated with the base property held by FSA.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
Permits are issued annually for up to three years and shall include an assignment of range
improvement maintenance responsibilities. The permit shall authorize the use of forage
normally covered by a term grazing permit where an escrow waiver to FSA was invoked.
The permit application must include a copy of the lease with FSA. Do not honor leases
purporting to assign or sublease the grazing permit to the lessee.
31.2 – Livestock Use Permits
Livestock use permits are issued to authorize grazing use for purposes other than livestock
production on National Forest System rangelands. The kinds of livestock use permits which may
be issued are discussed in sections 31.21 through 31.26.
31.21 – For Transportation Livestock
Livestock use permits may be issued to outfitters and guides for pack and saddle stock that
transport people, equipment, or supplies on National Forest System lands where such use is not
already authorized under an outfitter/guide permit. See Form FS-2700-4. See FSM 2721.53 and
FSH 2709.11, chapter 30 for assessment of fees related to outfitter/guide livestock use.
These permits may also be issued to individuals involved in dude ranching, logging, or mining
operations on National Forest System lands if they are not covered by another written
authorization. There is no clear cut priority for allocating range between term grazing permits
issued for the production of food and fiber and temporary grazing or livestock use permits for
commercial transportation use. Base priority determinations on the relative contribution to social
and economic stability of the community.
31.22 – For Approved Research or Administrative Study Activities
Temporary grazing or livestock use permits may be issued to persons, institutions, or other
Federal, State, or local agencies conducting approved research activities involving the grazing of
animals on National Forest System land or other lands under Forest Service control.
A memorandum of understanding (MOU) should be used to document the relationship between
the Forest Service and the sponsor of the research activity. The MOU must state the purpose of
the research, the scope and extent of grazing necessary to meet research objectives, and whether
a fee should be charged for the grazing. Where the perceived benefits of the research activity to
the United States outweigh the benefit to the United States associated with the amount of grazing
fees that would be collected, the authorized officer may waive the fee for grazing that would be
assessed to the sponsor of the research activity.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
31.23 - For Crossing National Forest System Lands
Livestock use permits may be issued to parties who do not hold a term grazing permit, whose
livestock traverse National Forest System (NFS) lands in order to reach other destinations. For
example, crossing NFS land may be necessary to access private land, grazing land administered
by another federal or state agency, or to a site for the shipping of livestock to market.
Do not issue crossing permits to allow access by permitted livestock moving to NFS allotments.
Authorize crossing by livestock permitted on NFS allotments as part of the authorized grazing
season. If the use is infrequent, it may be authorized through a written authorization and payment
of the bill for collection. If such use is a recurring activity, include the use on the term grazing
permit and the annual bill for collection and include this use in the total season of use authorized
for a permittee.
Where the demand is more than can be accommodated by the rangeland resources or this use is
not compatible with Forest Land and Resource Management Plan guidance, limits on the amount
of grazing use by “crossing” animals shall be established and permits shall be issued in the
following order of priority:
1. To enable landowners to access their private property when no other reasonable means
of access on non-NFS land are available.
2. To enable individuals to access permitted grazing lands administered by another
Federal or State agency when no other reasonable means of access on non-NFS land are
available.
3. To enable individuals to access privately owned or leased grazing lands within units of
the National Forest System when no other reasonable means of access on non-NFS land are
available.
4. To enable individuals to access a site for shipping non-permitted livestock to market
when no other reasonable means of access on non-NFS land are available. Consider crossing by
non-permittee livestock a marginally compatible use of NFS lands, and do not authorize if other
non-NFS routes or means, such as trucking, are available.
31.24 – For Breeding Animals Not Owned by the Term Permit Holder
Normally issuance of a Temporary or Livestock Use permit to a party other than a term grazing
permit holder for breeding animals would not be appropriate. Breeding sires which service
permitted livestock may be authorized as a modification to the term grazing permit. The
permittee must annually declare the number of leased sires, the ownership, and the brand on the
animals. See also section 12.22.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
31.25 – For Vegetation Management
Temporary grazing or livestock use permits may be used to authorize the consumption of
vegetation where the principal objective is to manipulate vegetation characteristics to enhance
resource values by, for example, establishing fuel breaks, reducing invasive species especially
noxious weeds, removing competing vegetation to improve wildlife habitat, reducing competing
vegetation in timber regeneration, preparing sites so that a stand of trees or a different forage
vegetation type may be established, or reducing fire hazards on annual ranges by removing
biomass production.
Determination of charges for grazing to manage vegetation is subject to negotiation depending
on the benefits accruing to the United States as a result of the grazing use. In some instances, it
may be advantageous for the United States to not charge a fee and to pay the livestock operator
to harvest the vegetation. In such cases the benefiting function should be charged to pay the
livestock operator. In these cases, work with the contracting officer to determine the appropriate
means of authorizing and paying for this activity.
31.26 – Permittee Working Saddle and Pack Animal Use
Regional Foresters may prescribe limitations under which permittees on National Forest System
(NFS) lands may graze animals needed in managing their permitted livestock. It is preferable to
authorize this use, when determined to be necessary, in the term grazing permit. When this is
done, a stipulation in part 3 of the term grazing permit must indicate the stock is for the
management of the permitted livestock solely and cannot be waived except as a part of the total
waiver of the term grazing permit. Authorize these management livestock for the same period as
permitted livestock and bill on the Bill for Collection prior to the initiation of the grazing season.
The use authorized shall cover only those animals actually needed and used in connection with
the permitted livestock when there is available forage.
Management animals used periodically but not pastured on NFS lands are exempt from the
authorization requirements under this section. If a permittee owns or controls private rangelands
that can be used by the management livestock, NFS grazing use for working saddle and pack
animals may be denied.
32 – ELIGIBILITY
Eligibility requirements for temporary grazing or livestock use permits are the same as for term
grazing permits. See sections 12-12.1.
33 – QUALIFICATIONS
Unlike applicants for term grazing permits, applicants for temporary grazing or livestock use
permits are not required to own either base property or livestock to be grazed.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 30 – TEMPORARY GRAZING PERMITS
34 - APPLICATION PROCEDURE
Use Form FS-2200-2, Application for Temporary Grazing or Livestock Use Permit.
Applications may include requests for "on and off" provisions where applicable. Applicants
desiring to graze two or more kinds of livestock may make such a request on one application.
35 - ISSUANCE OF TEMPORARY GRAZING OR LIVESTOCK USE PERMITS
Issue temporary grazing or livestock use permits on Form FS-2200-5. Where appropriate,
complete additional attachments and incorporate them into the permit.
Where an existing term permit holder is authorized to increase grazing use on a temporary basis,
the authorized officer may, at their discretion, authorize the temporary increase in a Bill for
Collection and letter of modification.
36 - MODIFICATIONS IN TEMPORARY GRAZING OR LIVESTOCK USE PERMITS
Because a temporary grazing or livestock use permit is issued for a period not to exceed one
year, the need for modifications should be limited. Should adjustments in the permitted grazing
become necessary, the authorized officer should determine whether the permit should be
modified or cancelled.