: 2230 Page 1 of 6 FOREST SERVICE MANUAL SOUTHWESTERN REGION (REGION 3) ALBUQUERQUE, NEW MEXICO FSM 2200 – RANGE MANAGEMENT CHAPTER 2230 – GRAZING AND LIVESTOCK USE PERMIT SYSTEM Supplement No.: 2200-2014-1 Effective Date: February 4, 2014 Duration: This supplement is effective until superseded or removed. Approved: GILBERT ZEPEDA Deputy Regional Forester Date Approved: 02/04/2014 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 2200-20131 to FSM 2200, Zero Code. New Document(s): 2230 6 Pages Superseded Document(s) by Issuance Number and Effective Date: 2230, 2200-91-1, 01/31/1991 15 Pages Digest: 2231.22a-2231.24 – Moves updated direction to FSH 2209.13, 12.21-12.32 to be consistent with parent text. 2231.41 – Moves updated direction to FSH 2209.13, 14.2a-14.2b to be consistent with parent text. 2231.5 - Moves updated direction to FSH 2209.13, 15 to be consistent with parent text. 2231.61 - Moves updated direction to FSH 2209.13, 16 to be consistent with parent text. 2231.7 - Moves updated direction to FSH 2209.13, 17 to be consistent with parent text. R3 SUPPLEMENT 2200-2014-1 EFFECTIVE DATE: 02/04/2014 DURATION: This supplement is effective until superseded or removed. 2230 Page 2 of 6 FSM 2200 – Range Management Chapter 30 – Grazing and Livestock Use Permit System 2234.13-2234.16 – Moves updated direction from this title to FSH 2209.13, chapter 40 to be consistent with parent text. 2238.03 - Provides supplemental policy direction relevant to yearlong grazing and other circumstances unique to the Southwestern Region. 2238.11d – Provides updated direction and examples for installment payments and split billing procedures for yearlong grazing permits. 2238.11e – Provides updated direction and references concerning administrative procedures relative to delinquent or non-payment of grazing fees for the Southwestern Region. 2238.11g – Provides updated direction concerning refunds and credits of grazing fees to be applied in the Southwestern Region. R3 SUPPLEMENT 2200-2014-1 EFFECTIVE DATE: 02/04/2014 DURATION: This supplement is effective until superseded or removed. 2230 Page 3 of 6 FSM 2200 – Range Management Chapter 30 – Grazing and Livestock Use Permit System 2238 – Grazing Fees 2238.03 - Policy 1. All term grazing permits will be written for the Southwestern Region to terminate at the end of the calendar year. 2. The grazing season for yearlong permits should be shown as the fee year, March 1February 28 for rangeland INFRA data base records. The grazing season for all other permits is the season shown in Part 1, Section 2 of the term grazing permit. 3. Except as noted below, the counter date will be January 1 for grazing permits providing for a yearlong season of use. 4. On some National Forests, short-aged calf policies have been established which vary from the January 1 "counter date." The following variances are approved: Forest Policy Gila Removal of short-aged calves by April 1. Lincoln Removal of short-aged calves by April 1. Coronado All calves branded during fall roundup that are still on the range become counters on January 1. Santa Fe Calves under 6 months of age on January 1 become counters on March 1. 5. For yearlong permits, a special provision defining "counters" will be included in each term grazing permit considering approved variances listed in item 4 above and other individual Forest requirements. 6. For seasonal permits, the following special provision will be included in each permit. "All animals 6 months of age or older at the time of entering the National Forest System, those which will become 12 months of age during the permitted grazing season, and all weaned animals regardless of age, are counters for which grazing fees must be paid. These animals will also be counted as to numbers of permitted livestock." 7. Annually, applications for grazing will be received, reviewed for compliance, and a Bill for Collection processed. The annual application for grazing for yearlong permits will be R3 SUPPLEMENT 2200-2014-1 EFFECTIVE DATE: 02/04/2014 DURATION: This supplement is effective until superseded or removed. 2230 Page 4 of 6 FSM 2200 – Range Management Chapter 30 – Grazing and Livestock Use Permit System for the grazing fee year (March 1 through the end February). Fees are payable prior to March 1 annually for permits with a yearlong season of use. For seasonal permits, fees are due and payable prior to livestock entering National Forest System lands for the designated season of use. 2238.11d – Installment Payments Installment payments (split billings) for grazing permits with less than a yearlong season of use may be authorized. In the event a split payment is requested by a permittee for a permit with less than a yearlong season of use, a $35 administrative charge will be added to the first bill for collection to pay for the cost of processing a second billing. Payments of grazing fees for yearlong permits will be made in two installments as follows: The first bill for collection (installment payment) will be for the March 1 through August 31 grazing period at the fee rate current at the time of billing or, if available, the newly designated grazing fee rate for the ensuing fee year (note: under current procedures, regional offices are normally notified of the new ensuing year fee rate effective on March 1, by approximately early February annually). Annual permittee meetings for taking the annual application for grazing should be conducted during the month of January with timely issuance of bills for collection, and payment of the first grazing fee installment payment prior to March 1. The second bill for collection will cover the September 1 through the end of February grazing period at the current fee rate. If necessary, this bill for collection will include an adjustment to bring fees charged and paid in line with the new fee year rate (adjustment for March 1 through August 31 period). No adjustment will be necessary if the first bill for collection was issued at the current fee rate. The second bill for collection will be mailed to the permittee early enough to assure that livestock grazing does not occur beyond the time forage has been paid for. This may be as early as June or as late as October, dependent upon the fee rate changes if the old fee rate was used in the first billing. If correct fee rates are used in the first billing, the second bill for collection should be sent in July with payment of fees for the second installation due no later than September 1. EXAMPLE: Split Billing for Yearlong Permit First Bill for Collection: 1/ Current Fee = $2.40/HM Number Permitted = 100 6 months (March 1-August 31) = 6 months $2.40 X 100 cattle X 6 months = $1,440 1/ Use the new ensuing rate if available at the time of billing. R3 SUPPLEMENT 2200-2014-1 EFFECTIVE DATE: 02/04/2014 DURATION: This supplement is effective until superseded or removed. 2230 Page 5 of 6 FSM 2200 – Range Management Chapter 30 – Grazing and Livestock Use Permit System Second Bill for Collection: New Fee (effective 3/1) = $3.00/HM $3.00 X 100 cattle X 12 months: Total payment required for fee year = $3,600 Less amount paid in first installment = $1,440 Amount of second installment (less credit or refund). Second bill for collection is for September 1 through February plus any adjustment if billed at previous fee year rate: = $2,160 Bill to be sent out in June (forage only paid for until July 24 at the fee rate of $3.00/HM) No adjustments are necessary if the current year fee rate was know in time for the first installment billing for which payment was due on March 1. In this event the second installment billing must be sent to the permittee by August 1, with payment due September 1. The following statement will be included on the first bill for collection: “This first bill for collection represents the first portion of the grazing fees payable the ensuing grazing fee year. The second bill for collection will sent no later than August 1 covering the balance of fees payable for this fee year. Payment for the second bill for collection will be due no later than September 1" No administrative charge will be made for the first two bills for collection in connection with split billing procedures for grazing permits with a yearlong permitted season of use. Any changes in numbers of livestock on the allotment through sale and shipment livestock off the allotment or purchase of and placement on the allotment of additional livestock would require an amended or supplemental application. 2238.11e – Delinquent Debts (Payments) The grazing permit requires permittees to pay fees prior to placing livestock on the National Forest System. Grazing permittees who fail to pay grazing fees on time have violated the terms and conditions of the grazing permit. See R-3 supplement to FSH 2209.13, Chapter 10, Section 16.23 for administrative procedures in the event grazing fees are not paid and livestock use is occuring on National System Lands. If payment is not received and the permit subsequently canceled in total, the amount due becomes a claim of the United States and is subject to the procedure and limitation in FSM 6572. R3 SUPPLEMENT 2200-2014-1 EFFECTIVE DATE: 02/04/2014 DURATION: This supplement is effective until superseded or removed. 2230 Page 6 of 6 FSM 2200 – Range Management Chapter 30 – Grazing and Livestock Use Permit System Forage consumed by livestock in excess of that permitted or annually authorized in the bill for collection, livestock grazed outside the permitted season, or livestock grazed during a delinquent payment period must be paid at the unauthorized use grazing fee rate. 2238.11g – Refunds and Credits Refunds will only be approved where the term grazing permit has been waived, the waiver of term grazing permit has been confirmed by the authorized officer, and a new permit issued to a qualified applicant indicated on the waiver of term grazing permit (FS-2200-12), or if a current permittee has applied for, and the authorized officer has approved, nonuse for which grazing fees have previously been paid. Complete form FS-2200-01 for refunds. Grazing fee credits will be approved when late entry or early removal of livestock is requested by the permittee for legitimate reasons and/or when delayed entry or early removal of livestock is requested by the authorized officer for reasons of resource protection. Credit for grazing fees will not be approved merely for the convenience of the permittee after the bill for collection is issued. Complete form FS-2200-01 for crediting of grazing fees.