2209.13
Page 1 of 12
FOREST SERVICE HANDBOOK
SALMON-CHALLIS NATIONAL FOREST
SALMON, ID
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS WITH TERM STATUS
Supplement No.: 2209.13-98-1
Effective Date: December 1, 1998
Duration: Effective until superseded or removed
Approved: GEORGE MATEJKO
Forest Supervisor
Date Approved: Not Available
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document name. Remove entire document and replace with this
supplement. Retain this transmittal as the first page of this document.
New Document(s):
16.2
12 Pages
Superseded Document(s):
(Last supplement was
2209.13-91-1 .)
16.2
4 Pages
Digest:
16.2
This supplement supercedes FSH 1/90 SALMON NF SUPP. 1 for the
Salmon NF and the Uniform Action Guide which was issued under the
2230 Permit Administration letter, dated April 15, 1993, for the Challis
NF. This supplement will provide for consistency in the administration of
grazing permits for the Salmon-Challis National Forest.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 2 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
16.2 - SUSPENSION OR CANCELLATION OF GRAZING PERMITS
This supplement serves as a guide for consistent permit administration for the Salmon-Challis
National Forest. The overall objective is to improve range management on the Forest through
compliance with multiple use resource management direction, plans, policy and law in a firm but
fair and consistent manner. To achieve this objective, it is necessary for the Forest Service as
administrators and the permittees as interested cooperators to be aware of their responsibilities
and the associated accountability for permit compliance. If violations of permit terms and
conditions occur, these guidelines provide recommended actions deemed appropriate for the
violation, recognizing that situations, circumstances, and appropriate actions can vary.
The authority for these actions is with the Forest Officer having the delegated authority as per
FSM 2200, 2204.3, R4 Supp. 2200-98-1 and R4 Supp. 2200-96-2.
A determination of the appropriate action to be taken in response to a violation of the terms and
conditions of a term grazing permit is within the discretion of the authorized Forest Service
officer. Once a determination has been made that a violation has occurred, this guide will be
followed.
When actions are considered, the permittee(s) will be notified with a "show cause" letter
outlining the alleged violation or violations, as well as the proposed action to be taken, except as
specifically provided herein. A "show cause" letter requires a response to the authorized officer
with ten to thirty days; the letter will inform the permittee of the required response time. A copy
of the "show cause" and decision letters will be sent to holders of escrow waivers.
ENFORCEMENT GUIDELINES:
1. Grazing Excess Numbers.(Numbers greater than authorized; livestock grazing past directed
move date; outside permitted area.)
First Offense - Contact permittee(s) by telephone or in person and followup with a letter to
document the contact. Send written notification of the violation and the possibility of suspension
or cancellation if livestock are not removed within 5 days or as prescribed by a Forest Officer
considering special circumstances. Bill at the unauthorized use rate as per billing guidelines. If
permittee fails to respond within 5 days this constitutes the second offense.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 3 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
Second Offense - Contact permittee(s) by telephone or in person and the need for immediate
removal of livestock. Send the permittee(s) a "show cause" letter and suspend a minimum of 25
percent of the term numbers for 1 to 3 years. Bill at unauthorized use rate as per billing
guidelines.
Repeated Offenses During Suspension Period - Contact permittee(s) by telephone or in person of
the need for immediate removal of the livestock. Send the permittee(s) a "show cause" letter.
Cancel previously suspended numbers AND suspend or cancel an additional minimum of 25 and
up to 100 percent of the permitted numbers. Bill at unauthorized use rate as per billing
guidelines.
2. Livestock On Forest Outside Of Permitted Grazing Season. (Excess Use.)
First Offense - Contact permittee(s) by telephone or in person and followup with a letter to
document the contact. Send written notification of the violation and the possibility of suspension
or cancellation if livestock are not removed within 5 days the unauthorized use rate as per billing
guidelines. If permittee fails to respond within 5 days this constitutes the second offense.
Second Offense - Contact permittee(s) by telephone or in person and the need for immediate
removal of livestock. Send the permittee(s) a "show cause" letter and suspend a minimum of 25
percent of the permitted numbers for 1 to 3 years. Bill at unauthorized use rate as per billing
guidelines.
Repeated Offenses During Suspension Period - Contact permittee(s) by telephone or in person of
the need for immediate removal of the livestock. Send the permittee(s) a "show cause" letter.
Cancel previously suspended numbers AND suspend or cancel an additional minimum of 25 and
up to 100 percent of the permitted numbers. Bill at unauthorized use rate as per billing
guidelines.
3. Grazing Unowned Livestock Under Term Grazing Permit.
First Offense - Contact the permittee(s) by telephone or in person and followup with a "show
cause" letter, and the possibility of suspension and/or cancellation. Cancel portion of permit
equal to unowned numbers. Suspend remaining numbers depending on circumstances of the
violation.
Second Offense - Send "show cause" letter. Cancel permit.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 4 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
4. Failure To Follow Management Plans Or Instructions In Annual Operating Plan Or Other
Instructions Issued By The Forest Officer, (Part 2, Clause 8(a), Form 2200-10, September 1985).
First Offense - Contact permittee(s) by telephone or in person and followup with a letter to
document the contact. Send written notification of the violation and the possibility of suspension
or cancellation if livestock are not removed within 5 days or as prescribed by a Forest Officer
considering special circumstances. Bill at the unauthorized use rate as per billing guidelines. If
permittee fails to respond within 5 days this onstitutes the second offense.
Second Offense - Contact permittee(s) by telephone or in person and the need for immediate
removal of livestock. Send the permittee(s) a "show cause" letter and suspend a minimum of 25
percent of the permitted numbersfor 1 to 3 years. Bill at unauthorized use rate as per billing
guidelines.
Repeated Offenses During Suspension Period - Contact permittee(s) by telephone or in person
of the need for immediate removal of the livestock. Send the permittee(s) a "show cause" letter.
Cancel previously suspended numbers AND suspend or cancel an additional minimum of 25 and
up to 100 percent of the permitted numbers. Bill at unauthorized use rate as per billing
guidelines.
5. Failure To Follow Utilization Standards As Defined In Annual Operating Plan Or In Part 3
Of The Term Grazing Permit.
First Offense - Contact permittee(s) by telephone or in person and followup
with a letter to document the contact. Send written notification of the violation and the possibility
of suspension or cancellation if livestock are not removed within 5 days or as prescribed by a
Forest Officer considering special circumstances. Bill at the unauthorized use rate as per billing
guidelines. If permittee fails to respond within 5 days this constitutes the second offense.
Second Offense - Contact permittee(s) by telephone or in person and the need for immediate
removal of livestock. Send the permittee(s) a "show cause" letter and suspend a minimum of 25
percent of the term numbers for 1 to 3 years. Bill at unauthorized use rate as per billing
guidelines.
Repeated Offenses During Suspension Period - Contact permittee(s) by telephone or in person
of the need for immediate removal of the livestock. Send the permittee(s) a "show cause" letter.
Cancel previously suspended numbers AND suspend or cancel an additional minimum of 25 and
up to 100 percent of the permitted numbers. Bill at unauthorized use rate as per billing
guidelines.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 5 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
6. Failure To Maintain Improvements To Standards.
First Offense - Contact permittee(s) by telephone or in person and followup with a letter to
document the contact. Send written notification of the violation and the possibility of suspension
or cancellation if the maintenance is not completed within 5 days or as prescribed by a Forest
Officer considering special circumstances. If permittee fails to respond within 5 days this
constitutes the second offense.
NOTE: If a letter was sent requiring permittee(s) to have the improvements maintained
prior to turn-on as stated in the permit, District Ranger(s) and administrators have
discretion to require that livestock be held off the permitted area until maintenance is
performed to stated standards and is officially approved by a Forest Service Officer.
Also, Bill for Collections do not have to be issued authorizing grazing until the
maintenance is performed prior to turn-on.
Second Offense - If the maintenance is not completed within the specified time frame, send the
permittee(s) a "show cause" letter and suspend a minimum of 25 percent of the permitted
numbers for 1 to 3 years. If circumstances and especially if resource damage is occurring due to
lack of required maintenance, it is the authorized officer's discretion to require livestock removal
from the pasture or allotment until the situation is resolved and performed. Removal can be
required immediately and directed in the "show cause" letter. If the situation is identified at
season's end, require that the maintenance be performed prior to the next grazing season and do
not allow livestock turn-on until maintenance is accomplished and approved after an inspection.
Repeated Offenses During Suspension Period - Contact permittee(s) by telephone or in person
and send the permittee(s) a "show cause" letter. Cancel previously suspended numbers AND
suspend or cancel an additional minimum of 25 and up to 100 percent of the permitted numbers.
7. Failure To Notify Forest Officer Of Change In Qualifications To Hold Term Grazing Permit
Within 90 Days. Send permittee(s) a letter, notifying them they have one year to comply with
base property qualification requirements. Send permittee(s) a "show cause" letter, suspend a
minimum of 25 percent of permitted numbers for 1 to 3 years if situation warrants.
If permittee fails to meet base property requirement within a 1 year period, cancel permit.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 6 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
8. Turning-on Livestock Before Paying Fee (within permitted season). (This includes any
outstanding bill, such as, an unauthorized use bill. Insure no bill is sent authorizing use until
unauthorized use bill is paid.)
First Offense - Contact the permittee(s) in person or by telephone andfollow up with a letter and
bill according to policy including unauthorized use, late, and administrative charges.
Second Offense - Send permittee(s) a "show cause" letter. Suspend a minimum of 25 percent of
permitted numbers for 1 year. Bill as per billing guidelines.
Repeated Offense - Send permittee(s) a "show cause" letter. Cancel portion of permit in
unauthorized use. Bill as per billing guidelines.
9. Failure To Remove Livestock At The End Of The Grazing Season Or When Instructed By
Forest Officer.
First Offense - Contact permittee(s) by telephone or in person and followup with a letter to
document the contact and give written notification of the violation and the possibility of
suspension or cancellation if livestock are not removed within 5 days or as prescribed by a Forest
Officer considering special circumstances. Bill at the unauthorized use rate as per billing
guidelines. If permittee fails to respond within 5 days this constitutes the second offense.
Second Offense - Contact permittee(s) by telephone or in person and the need for immediate
removal of livestock. Send the permittee(s) a "show cause" letter and suspend a minimum of 25
percent of the term numbers for 1 to 3 years. Bill at unauthorized use rate as per billing
guidelines.
Repeated Offenses During Suspension Period - Contact permittee(s) by telephone or in
person of the need for immediate removal of the livestock. Send the permittee(s) a "show cause"
letter. Cancel previously suspended numbers AND suspend or cancel an additional minimum of
25 and up to 100 percent of the permitted numbers. Bill at unauthorized use rate as per billing
guidelines.
10. Unauthorized Nonuse.
a. Failure to validate permit. Contact the permittee(s) in person or by telephone
and send a "show cause" letter. Cancel the permit.
b. Failure to stock permit after permit validation.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 7 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
First Offense - Send a "show cause" letter. Suspend for a 2 year period the number equal to the
number not turned on. No refund or credit of unused grazing fees. If the violation occurs after
taking full advantage (3 years) of personal convenience nonuse and suspension action would
perpetuate nonuse, cancel the permitted number not run.
Second and Subsequent Offenses - Send the permittee(s) a "show cause" letter. Cancel number
equal to number not turned on. No refund or credit of unused grazing fees.
11. Conviction For Failing To Comply With Federal, State, Or Local Laws
Relating To Livestock Control And For Protection Of Air, Water, Vegetation,
Fish, Wildlife, And Other Values.
First Offense - Contact permittee(s) in person or by telephone and follow up with a "show
cause" letter. Suspend or cancel up to 100 percent of permitted numbers as circumstances dictate.
Second Offense (within suspension period) - Send permittee(s) a "showcause" letter. Cancel up
to 100 percent of permitted numbers.
12. Permit Holder Leases Base Ranch Property Or Livestock And Allows The Lessee To Use
And Manage The Grazing Permit.
First Offense - Send the permittee(s) a "show cause" letter, cancelling the total permitted
numbers.
13. Knowingly And Willfully Falsify Information On Application and Supporting Documents.
First Offense - If violation is known before permit is issued, do not issue permit. If violation is
discovered after permit is issued, cancel 100 percent of permit.
14. Running Unauthorized Brand, Markings, Or Ear Tags.
First Offense - Send a letter notifying permittee(s) of violation and give an opportunity to
rectify the situation within a specifically stated timeframe through:
a. Branding all permitted livestock with presently authorized brand.
b. Submit proof of ownership document(s) for consideration of approval for additional
brands.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 8 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
NOTE: If permittee(s) does not comply within stated time frame as
go to second offense and take appropriate suspension action.
outlined above,
c. NON-OWNERSHIP OF LIVESTOCK If proof of ownership documents show that the
permittee does not own the livestock, items "a" and "b" above are not an option. Direct
the immediate removal of livestock and cancel the permit in part or in whole according to
the numbers of unowned livestock run.
Second Offense - Send "show cause" letter. Suspend a minimum of 25 percent for 1 to 3 years.
Repeated Offense - Send "show cause" letter. Cancel up to 100 percent of
permitted numbers.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 9 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
PROTOCOL FOR TAKING ACTION
1. Make personal contact either via telephone or in person with the permittee(s). This contact
MUST be documented.
2. Any written communication to the permittee(s) must be CERTIFIED MAIL -RETURN
RECEIPT REQUESTED. The "show cause" letter should outline the violation, what the proposed
permit action is, asking them to show a cause why the proposed action should not be taken, and the
timeframe within which a response is due, usually 10 to 30 days.
3. If the permittee(s) respond with convincing reasons why the violation occurred and what actions
they have or will take to insure it will not happen again, promptly send a decision letter (certified)
saying no action will be taken.
4. If they respond inadequately or not at all, proceed with the proposed action
by promptly notifying them in a decision letter, certified mail - return receipt requested. If the action
is suspension of some or all of a permit, the letter should say how much is being suspended, for how
long, and when the suspension begins. If the action is cancellation, the letter should say how much is
being cancelled.
NOTE: Any time a permittee(s) is contacted in writing pertaining to a possible permit
violation where the permit is in jeopardy, holders of the ESCROW WAIVERS must be
contacted. It is also advisable to contact County Commissioners, Congressional liaison, and
other persons who may become involved.
With either type of action, inform them of their appeal rights along with a deadline within which to
respond as follows:
This decision is subject to administrative review in accordance with 36 CFR 251. Any appeal of this
decision must include the information required by 36 CFR 251.9 (Content of Notice of Appeal),
including the reasons for appeal and must be filed with the Forest Supervisor, Salmon-Challis
National Forest, RR 2, Box 600, Salmon, ID 83467, within 45 days of the date of this decision. A
copy of this notice of appeal must be filed simultaneously with the Deciding Officer. (Insert
Ranger District address.)
Following a successful appeal period, track any suspension of the permit or, with cancellation, issue
a new face of the permit or modification letter. Besure to follow through with the permit changes.
To help track permit actions, the following example can be turned into a separate page, with
appropriate information inserted, and attached to the permit face and/or billing portion of the permit
file. A copy should go in the appropriate 2210 file over the current AMP or similar site-specific
decision.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 10 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
PERMIT ACTIONS
(example)
Decision
Start
Letter
11/15/96
12/17/97
Allotment
Any pasture
North Pasture
Action
Sus 25% num
Sus 25% sea
Violation
UAG 9-1
UAG 5-2
End
Date
Date
5/15/97 10/1/99
7/1/98
11/1/00
NOTE: A "second offense" determination applies if a "first offense" penalty is currently
being invoked for the same permittee(s) on the same allotment, when the additional violation
occurs. If further violations occur for the same permittee(s) on the same allotment where a
"first offense" has previously been invoked during the term of their permit (but is no longer
in effect), then another "first offense" determination applies, but a more serious penalty
should be imposed (e.g., a 50 to 100 percent suspension for 3 years rather than a 25 to 50
percent suspension for 3 years.)
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 11 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
BILLING GUIDELINES
Billing Guidelines - Note: For billing purposes at the unauthorized use rate, count all animals over 6
months of age.
A. Any unauthorized use by a non-permittee - Send a letter directing immediate removal,
requesting notification of final removal date, and then bill at unauthorized use rate. Also,
notify law enforcement officer and keep records for possible repeat offense. If there are
repeat offenses, document them for intentional occurrence and possible citing under 36 CFR
261.7(a) and/or 261.7(b).
B. Unauthorized/Excess use by a permittee - Note: Unauthorized use by a permittee is
technically called excess use; they are billed at the unauthorized use rate.
1. Running more livestock than is authorized on the Bill for Collection. Bill at full
unauthorized use rate for excess numbers.
2. Use is within grazing season and on permitted allotment (livestock in wrong unit.)
Bill at full unauthorized use rate. No credit will be given for the fees already paid.
3. Use is within grazing season and on non-permitted area. Bill at full unauthorized
use rate. This bill is in addition to the permittee's current bill which authorizes
livestock to graze on the permitted allotment. The permittee is not eligible for a
refund on his authorizing bill nor will fees be deducted from the bill for unauthorized
use reflecting cattle numbers that may have strayed from the authorized
pasture/allotment. This is regarded as a separate violation. Take appropriate action in
Guideline 1 of the Uniform Action Guide.
4. Use outside the grazing season. Bill at full unauthorized use rate.
5. Use is within the grazing season but before the grazing bill is issued and/or paid.
Bill for use made between turn-on and receipt of payment as excess use charged at
the current year's full unauthorized use rate.
C. Credit/Refunds and early removals. When a permittee is instructed by a Forest Officer to
remove livestock before the end of the paid grazing season shown on the Bill for Collection,
a credit/refund for the unused portion of grazing fees may be granted if the permittee applies
for one and submits an Actual Use Report. (Note: Application for a credit/refund must be
received by December 31, unless that date gives a permittee less than 60 days to apply. In
that case, give tem 60 days after they come off to apply.
S-CNF SUPPLEMENT 2209.13-98-1
EFFECTIVE DATE: December 1, 1998
DURATION: Effective until superseded or removed
Page 12 of 12
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 10 – PERMITS AND TERM STATUS
If the amount is under over $100, a refund may be approved. Note that the amount must
exceed $100 to even qualify for a refund.
D. Excess use fees collection. If excess use fees are under $100, instruct the permittee by
letter that fees will be shown and collected as a part of the next year's grazing Bill for
Collection. If over $100, issue a Bill for Collection and collect as soon as possible. If the bill
is not paid in the specified time indicated on the bill, issue another Bill for Collection,
charging another administrative fee, interest if bill not paid in 30 days, and assessing the late
payment penalty if the first billing is over 90 days past due.