FOREST SERVICE MANUAL SOUTHWESTERN REGION (REGION 3) ALBUQUERQUE, NEW MEXICO – RANGE MANAGEMENT

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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Duration: This supplement is effective until superseded or removed.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):
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9 Pages
Superseded Document(s) by
Issuance Number and
Effective Date:
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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DURATION: This supplement is effective until superseded or removed.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
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2209.24a – Lists standard national forms and R3 forms for field use.
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EFFECTIVE DATE: 12/23/2013
DURATION: This supplement is effective until superseded or removed.
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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.
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DURATION: This supplement is effective until superseded or removed.
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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.
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DURATION: This supplement is effective until superseded or removed.
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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.
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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:
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EFFECTIVE DATE: 12/23/2013
DURATION: This supplement is effective until superseded or removed.
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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:
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DURATION: This supplement is effective until superseded or removed.
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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.
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R3-FS-2200-27
Review of Existing Grazing Allotment, Project-level NEPA-Based
Decisions