: 2200_zero_code Page 1 of 9 FOREST SERVICE MANUAL SOUTHWESTERN REGION (REGION 3) ALBUQUERQUE, NEW MEXICO FSM 2200 – RANGE MANAGEMENT CHAPTER – ZERO CODE Supplement No.: 2200-2013-1 Effective Date: December 23, 2013 Duration: This supplement is effective until superseded or removed. Approved: GILBERT ZEPEDA Deputy Regional Forester Date Approved: 12/23/2013 Posting Instructions: Supplements are numbered consecutively by title and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this title was 2200- 2011-1 to FSM 2210. New Document(s): 2200 Zero Code 9 Pages Superseded Document(s) by Issuance Number and Effective Date: 2200 Zero Code 2200-2001-1, 04/27/01 8 Pages Digest: 2201 – Provides an expanded explanation of key statutory authorities governing management of rangeland resources on National Forest System lands. 2204.2 – Revises responsibilities and authorities for Forest Supervisors and District Rangers regarding administration of grazing on National Forest System lands. 2204.3 – Provides clarification on authorities delegable to District Rangers. 2209 – Identifies guides currently approved for Regional use that provide range management direction for Forest Service employees. R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. FSM 2200 – Range Management Chapter – Zero Code 2209.24a – Lists standard national forms and R3 forms for field use. 2200 Zero Code Page 2 of 9 R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 3 of 9 FSM 2200 – Range Management Chapter – Zero Code 2201 - AUTHORITY Authority to manage National Forest System (NFS) rangeland resources is derived from laws enacted by Congress that authorize the Secretary of Agriculture (the Secretary) to administer NFS lands and resources and to issue necessary regulations. Many of these authorities have subsequently been delegated from the Secretary to the Chief of the Forest Service. Specific statutory authorities listed in the parent text, and several not listed in the parent text, are provided expanded explanations in section 2201.1. 2201.1 – Statutory Authorities The following provides an expanded explanation of key statutes governing management of rangeland resources on National Forest System lands. 1. Organic Administration Act of 1897 (16 U.S.C. §§473 et seq.). Authorizes the Secretary of Agriculture to establish regulations governing the occupancy and use of national forests and to protect national forests from destruction. 2. Title III of the Bankhead-Jones Farm Tenant Act of 1937 (7 U.S.C. §§1010 et seq.). Authorizes the Secretary to develop a program of land conservation and land utilization in order to correct maladjustments in land use. Applies only to national grasslands and land utilization projects. 3. Granger-Thye Act of 1950 (16 U.S.C. §§580 et seq.). Authorizes the Secretary to issue permits for grazing on NFS lands for a period of time not to exceed 10 years provided that such permits do not limit or restrict any right, title, or interest of the United States in NFS lands or resources. Authorizes the Secretary to use a portion of grazing fees for range improvement projects on NFS lands. 4. Multiple Use-Sustained Yield Act of 1960 (16 U.S.C. §§528 et seq.). Authorizes the Secretary to, among other things: administer national forests for outdoor recreation, range, timber, watershed, and wildlife and fish purposes; to develop the surface renewable resources of the national forests for multiple use and sustained yield of several products and services to be obtained from these lands, without impairment of the productivity of the land; and to cooperate with interested State and local governmental agencies and others in the development and management of the national forests. 5. Wilderness Act of 1964 (16 U.S.C. §§1131 et seq.). Authorizes the Secretary to administer certain Congressionally designated NFS lands as wilderness. Section 4(d)(4)(2) of the act authorizes the continuation of grazing subject to reasonable regulations if the activity was established prior to the area's designation. R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 4 of 9 FSM 2200 – Range Management Chapter – Zero Code The Colorado Wilderness Act of 1980 (Pub. L. 96-560, section 108, Congressional Grazing Guidelines) provides additional clarification on grazing in wilderness areas pertaining specifically to the issues of stocking levels, number and type of improvements, use of motorized equipment, and emergency situations. 6. National Environmental Policy Act of 1969 (42 U.S.C. §§4321 et seq.). Establishes the Council on Environmental Quality (CEQ). Requires all Federal agencies to: utilize a systematic, interdisciplinary approach in planning and decisionmaking impacting the human environment; develop procedures in consultation with CEQ to ensure environmental values are given appropriate consideration in decisionmaking, and to provide a detailed statement on the environmental impacts of proposed major Federal actions significantly affecting the quality of the human environment. 7. Wild Horses and Burros Protection Act of 1971 (16 U.S.C. §§1331 et seq.). Authorizes the Secretary of Interior and the Secretary of Agriculture, among other things, to: protect and manage wild free-roaming horses and burros on lands they administer to achieve and maintain a thriving natural ecological balance; maintain a current inventory of wild free-roaming horses and burros to determine whether an overpopulation exists and, if so, whether excess animals should be removed; establish a joint advisory board to provide advice on wild horse and burro management and protection issues; and assess civil or criminal penalties. 8. Title IV of Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C. §§1700 et seq.). Authorizes the Secretary of the Interior and Secretary of Agriculture to: develop a formula for grazing fees equitable to both the United States and to the holders of grazing permits; establish the Range Betterment Fund; issue grazing permits for a term of 10 years (or less where it is in the best interest of sound land management to do so); cancel, suspend, or modify a grazing permit for violations of grazing regulations or for violations of permit terms and conditions; grant the holder of an expiring permit first priority for a new permit subject to the satisfaction of certain conditions; develop allotment management plans; and provide a permit holder with reasonable compensation for the adjusted value of permanent improvements constructed by him/her if the grazing land is devoted to another public purpose, including disposal. Title IV applies only to national forests in the sixteen contiguous Western States. 9. Public Rangelands Improvement Act (PRIA) of 1978 (43 U.S.C. §§1901 et seq.). Authorizes the Secretary of the Interior and the Secretary of Agriculture to inventory and identify current public rangeland conditions and trends on a continuous basis; manage, maintain, and improve the rangeland condition so that they become as productive as feasible; temporarily establish a formula for the calculation of grazing fees, which subsequently became the basis for the present fee system under Executive Order 12548. PRIA applies only to national forests in the sixteen contiguous Western States. Section 8 directs the Secretaries to develop allotment management plans in careful and considered consultation, cooperation, and coordination with affected permittees, landowners, and States having land within the area covered. R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 5 of 9 FSM 2200 – Range Management Chapter – Zero Code 10. Agricultural Credit Act of 1987, as amended by the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. §§5101 et seq.). Section 282 of the 1994 Act provides for mediation of grazing permit cancellation and suspension disputes, on NFS lands in States that have a United States Department of Agriculture certified mediation program, as a part of the existing administrative appeals process. 11. Rescissions Act of 1995 (Pub. L. 104-19). Section 504(a) requires the Secretary to identify: each allotment for which National Environmental Policy Act (NEPA) analysis is needed; include these allotments in a schedule which establishes a date for the completion of this analysis; and adhere to these established schedules. Sections 504(b) and (c) further provide that if a grazing permit expires or is waived and the permit authorizes grazing in one or more listed allotments for which the scheduled NEPA analysis has yet to be completed, the Forest Service must issue a new term grazing permit upon the same terms and conditions, including the length of term, as the one which expired or was waived, unless there are reasons other than the lack of the necessary NEPA analysis which justify not issuing a new permit. R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 6 of 9 FSM 2200 – Range Management Chapter – Zero Code 2204 Responsibilities 2204.2 Regional Forester The Regional Forester delegates the following responsibilities and authorities to Forest Supervisors as follows: Responsibility/Authority Forest Supervisor Forest Supervisor May Delegate to District Rangers a. Managing ranges. b. Structural and nonstructural range improvement. c. Evaluating and monitoring management systems. d. Range analysis. e. Using Range Betterment Funds. 2. Establish minimum base property and livestock ownership requirements to qualify for a term permit (FSM 2230) No No No No No Yes No No No No No No 3. Establish upper and lower limits and approve special limits for term permits (FSM 2230). Yes No 4. Establish criteria for authorizing free use by livestock. No No 5. Approve nonuse of term permits for permittee convenience. Yes Yes 6. Close areas to livestock grazing or open previously closed range, when justified by the Forest land management planning process. Yes Yes 7. Approve allotment management plans involving wilderness, primitive, or wilderness study areas. Yes Yes 8. Approve agreements under the 1966 memorandum of understanding with the Bureau of Land Management (FSM 2253.1). For purposes of allotment level planning and decision making (see MOU FSM 1531.12b) Yes Yes 9. Approve agreements and memoranda of Understanding with Soil Conservation Service, Bureau of Land Management, and Extension Service (FSM 2253.2). For purposes of allotment level planning and decisionmaking (see MOU FSM 15.31.12e) Yes Yes 1. Establish Regional standards and guidelines for: R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 7 of 9 FSM 2200 – Range Management Chapter – Zero Code Responsibility/Authority Forest Supervisor Forest Supervisor May Delegate to District Rangers 10. Approve plans and enter into agreements for control of estray or unbranded livestock, noxious weeds, and forage destroying insects. Yes Yes 11. Approve management plans involving wild free-roaming horses and burros. Yes Yes 12. Adjust or abolish wild free-roaming horse and burro territories in accordance with Forest Plans. Yes No 13. Issue term permits to Indian tribes on the basis of rights reserved by treaty. Yes Yes 14. Approve nonuse for Conservation Reserve up to the length of the approved agreement. N/A N/A 15. Establish criteria for allowable administrative costs and conservation practice requirements on National Grasslands and Land Utilization Projects (FSM 2245.03). No No 2204.3 - Forest Supervisors All authorities listed in the parent text under this section authorized as delegable to District Rangers (including those delegable to District Rangers in section 2204.2 above) are automatically delegated as such to District Rangers unless a specific Forest level supplement designates otherwise. 2209 – RANGE MANAGEMENT HANDBOOKS 2209.2 – Internal Unit Handbooks Some Southwestern Region range management direction for Forest Service employees is provided through the use of Guides. These Guides were previously handbooks that have been revised and removed from the directive system. Guides currently approved for Regional use include the following: R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 8 of 9 FSM 2200 – Range Management Chapter – Zero Code Region 3 Rangeland Analysis and Management Training Guide. (Formerly FSH 2209.21 Range Analysis and Management Handbook, 1988). Range Vegetation Scorecard Guide. (Formerly FSH 2209.21a Range Vegetation Scorecard Handbook, 1981). 2209.24 - FORMS 2209.24a - Standard Forms for Rangeland Management and Grazing Permit Administration The following standard forms are available for field use nationally. These forms are available electronically on the Forest Service Intranet. FS-2200-01 FS-2200-02 FS-2200-05 FS-2200-05a FS-2200-10 FS-2200-10a FS-2200-10b FS-2200-10c FS-2200-10e FS-2200-11 FS-2200-11a FS-2200-12 FS-2200-13 FS-2200-16 FS-2200-17 FS-2200-25 FS-2200-28 FS-2200-29 FS-2200-30 FS-2200-31 Refund, Credit, or Transfer Application Application for Temporary Grazing or Livestock Use Permit Temporary Grazing or Livestock Use Permit, Parts 1 and 2 Temporary Grazing or Livestock Use Permit, Part 3 Term Grazing Permit, Parts 1 and 2 Grazing Permit Part 3 Grazing permit Part 3 Grazing Permit Part 3 Grazing Permit Part 3 Term Private Land Grazing Permit, Parts 1 and 2 Term Private Land Grazing Permit, Part 3 Waiver of Term Grazing Permit Escrow Waiver of Term Grazing Permit Privileges Application for Term Grazing Permit Application for Term Private Land Grazing Permit Ownership Statement by Corporation or Partnership Notice of Intent to Impound Unauthorized Livestock Notice of Intent to Impound Unauthorized Livestock Notice of Sale of Impounded Livestock Bill of Sale of Impounded Livestock The following R3 forms are available for field use in the Southwestern Region. These forms are available on the R3 Intranet. R3-FS-2200-1 Annual Validation of Term Grazing Permit R3-FS-2200-4 Grazing Permit – Part 3 Special Terms and Conditions R3 -FS-2200-10 Modification of Term Grazing Permit for Development of Range Improvements R3-FS-2200-24 Allotment Analysis, Allotment Acreage and Grazing Capacity Summary R3-FS-2200-26 Allotment or Pasture Summary R-3 SUPPLEMENT 2200-2013-1 EFFECTIVE DATE: 12/23/2013 DURATION: This supplement is effective until superseded or removed. 2200 Zero Code Page 9 of 9 FSM 2200 – Range Management Chapter – Zero Code R3-FS-2200-27 Review of Existing Grazing Allotment, Project-level NEPA-Based Decisions