R2 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 04/18/2003
DURATION: This supplement is effective until superseded or removed.
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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 approximate
season of use 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 for extended periods on NFS lands are
exempted from authorization requirement under written paid permit.
2231.02 – Objectives
1. Develop site-specific allotment management plans that are fully compliant with the
National Environmental Policy Act.
2. Administer grazing permits to ensure compliance with existing permit terms and
conditions.
3. Monitor grazing to determine progress toward meeting objectives established for
livestock grazing in Forest Land and Resource Management Plans and/or allotment management
plans.
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:
R2 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 04/18/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
a. Evaluate applications to fill in behind non-use for personal convenience on a case-bycase 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.
(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 Rocky Mountain 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 current NEPA documentation and an approved Allotment
Management Plan.
(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 Rocky
Mountain Region.
R2 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 04/18/2003
DURATION: This supplement is effective until superseded or removed.
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FSM 2200 – RANGE MANAGEMENT
CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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.
2231.22a - Term Permits
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.
1. 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.
2. 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.
R2 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 04/18/2003
DURATION: This supplement is effective until superseded or removed.
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FSM 2200 – RANGE MANAGEMENT
CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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 the 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 by written, dated and signed documentation to show
the modification was made at the permittee's request. This change does not require National
Environmental Policy Act (NEPA) analysis and disclosure.
3. On individual allotments, a temporary modification in class of livestock may be made 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. There
is no fixed conversion rate for yearlings. Base conversion rates on animal size. Evaluate each
allotment on a case-by-case basis for use by different class of livestock. This change does not
require NEPA analysis and disclosure.
Carefully consider conversions from one kind of livestock to another. When considering sheep to
cattle conversion, the following actions are required:
a. Develop allotment specific capability and suitability criteria with supporting
documentation.
b. Complete an updated rangeland analysis for all allotments under consideration.
c. Complete an environmental assessment and decision for allotments under
consideration.
The Forest Supervisor must review and approve all decisions to convert from sheep to cattle.
Permittees proposing conversion to a different kind or 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 kind or 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.
R2 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE: 04/18/2003
DURATION: This supplement is effective until superseded or removed.
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FSM 2200 – RANGE MANAGEMENT
CHAPTER 2230 - GRAZING AND LIVESTOCK USE PERMIT SYSTEM
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.
2231.8 - 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.
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.