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FOREST SERVICE HANDBOOK
EASTERN REGION (REGION 9)
MILWAUKEE, WI
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 – PERMITS WITH TERM STATUS
Supplement No.: R9 RO 2209.13-2003-1
Effective Date: February 3, 2003
Duration: This supplement is effective until superseded or removed.
Approved: DONALD L. MEYER
Deputy Regional Forester
Date Approved: 02/03/2003
Posting Instructions: Supplements are numbered consecutively by Handbook number 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 Handbook was 2209.13-2001-1 to Chapter 10 & 80.
New Document
R9 RO 2209.13-2003-1
7 Pages
Superseded Document(s)
None
0 Pages
Digest: In order by code, summarize the main additions, revisions, or removal of direction
incorporated in this supplement.
13.3 – Provides further guidance related to changes in ownership.
16.2 - Provides further direction on non-compliance letters.
16.23 – Provides General Guidance in Determining Suspensions or Cancellations and
Recommended Actions for Permit Violations
16.24 – Provides direction in charging unauthorized use fees on bid and non-bid allotments.
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EFFECTIVE DATE: 02/03/2003
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
13 - ACQUIRING GRAZING PERMITS WITH TERM STATUS
13.3 - Changes in Ownership
The applicant must be willing to accept the permit and it’s terms and conditions, including the
numbers, kind, season, present bid rate, current expiration date, fee credit agreements, and other
modifications made to the current permit. The current expiration date will not be extended upon
transfer. Upon expiration, the permit will go through the bid procedures explained in FSH
2209.13 Chapter 80. The new permittee may match high bid providing he has submitted a bid
for the currant prospectus.
An On/Off Permit may be issued to a new base property owner without going through the Bid
process in the following situations:
1. An allotment is landlocked by applicant’s private land with no access to another user.
2. An allotment must be grazed in conjunction with particular private land for effective
resource management.
16 – CHANGES IN GRAZING PERMITS
16.2 – Suspension or Cancellation of Grazing Permits
1. Non-Compliance Letters
When suspension or cancellation actions are considered, notify the permittee with a Noncompliance letter outlining the violation(s), what action(s) the permittee must take to remedy the
violation and the timeframe with which this remedial action(s) must be taken, and proposed
action to be taken. As a courtesy, the Notice of Non-Compliance (NONC) Letter should also
include a statement which encourages the permittee to contact the authorized officer at his/her
earliest convenience if he/she believes that the NONC has been sent in error (FSH 2209.13
Chapter 10 Sec. 16.3).
The Non-compliance letter is a written communication which outlines the violation
found, discusses any additional circumstances, states the action that the authorized officer is
proposing, and gives the permittee a period of time, not to exceed 30 days, to respond to the
authorized officer. Send a copy of the Non-compliance letter to any holders of Escrow Waivers
by certified or registered mail.
Following reply by the permittee, whether written or verbal, the authorized officer will
issue a written decision and rationale. This may be the decision proposed in the Non-compliance
letter, a modified decision or a determination that, based on the information supplied by the
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
permittee, the proposed action is not required. The decision letter will notify the permittee of
appeal provisions under 36 CFR 251.
If a suspension or cancellation decision by an authorized officer is appealed under 36
CFR 251, implement the decision unless a stay is granted (36 CFR 251.91).
16.23 – For Violation of Terms and Conditions of Grazing Permits
Violations of grazing permit terms and conditions are cumulative, when they occur for a
continuous number of years. This means that any and all violations of permit terms and
conditions should be considered in determining second and third offenses. Permit violations in
year one should be considered in actions taken on violations in year two or three. However, do
not consider an isolated violation that occurred a number of years previous as evidence of a
recurrent history of violations.
If violations of permit terms and conditions occur, Exhibit 1, provides additional
guidance in determining the extent of suspensions and cancellations as well as recommended
actions deemed appropriate for the violation. Direct any questions to the Regional Range
Management Specialist.
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DURATION: Effective until superseded or removed
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CHAPTER 10 - PERMITS WITH TERM STATUS
16.23 – Exhibit 1
General Guidance in Determining Suspensions or Cancellations and
Recommended Actions for Permit Violations
1. Failure to Validate the Grazing Permit.
The issuance of a Bill for Collection and payment of fees and actual turning on at least 90
percent of livestock the first grazing season after the permit is issued will validate the permit for
the number, kind, and class of livestock, grazing allotment, and period of use for the particular
year (Grazing Permit, Part 2, Section 1).
a. Initial Notice. Validation requirements will be explained in the certified letter
transmitting the permit to a new permittee. Include consequences of failure to
validate.
b. Failure to Validate. Send a Non-compliance letter to the permittee explaining the
violation and request they explain why the grazing permit issued should not be
cancelled. If sufficient reason cannot be shown, cancel the portion of the permit that
was not validated.
2. Excess Use.
Any livestock owned by the holder of a National Forest System (NFS) grazing permit,
but grazing on NFS lands in greater numbers, at times, or in places other than permitted in Part 1
of the grazing permit or authorized on the annual Bill for Collection, including any modifications
made by the authorized officer. Failure to remove livestock at the end of the grazing season or
when instructed by the authorized officer is excess use. (Grazing Permit, Part 2, Section 8(c),
8(d), and 8(e)).
a. First Offense. Contact the permittee by phone or in person to notify them of the
violation and request livestock removal in 72 hours or less. Send a certified letter
documenting the violation. Bill for excess use at unauthorized use rate.
b. Second Offense. Send a Non-compliance letter documenting the violation and
request that the permittee explain why a portion of the permit should not be
suspended. If sufficient reason cannot be shown, suspend 25% or more of permitted
numbers or season for up to three years. Bill for excess use at unauthorized use rate.
c. Repeat Offenses. Send a Non-compliance letter documenting the violation and
request that the permittee explain why the permit should not be canceled. If sufficient
reason cannot be shown, cancel the permit in whole or in part as circumstances
warrant. Bill the permittee for excess use at the unauthorized use rate.
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DURATION: Effective until superseded or removed
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3. Grazing Un-owned Livestock.
Only livestock owned by the permittee are authorized to graze under the permit.
Livestock purchased and subsequently sold back to the original owner, within a 24-month period
will not be considered evidence of valid ownership of the livestock (Grazing Permit, Part 2,
Clause 7 (a)).
a. First Offense. Send a Non-compliance letter by certified mail documenting the
violation and request the permittee explain why the permit should not be cancelled. If sufficient
reason cannot be shown, cancel the permit. In cases where fraudulent documents have been
submitted, cancellation is mandatory.
4. Failure to Follow Management Requirements, Grazing Permit Modifications, or
Annual Operating Instructions.
The allotment management plan, annual operating instructions, fee credit agreements or
other management instructions for the land described on page 1, part 1 are part of the permit.
The permittee will carry out the permit provisions, other instructions, or both as issued by the
authorized officer for the area under permit, and will require employees, agents, contractors and
subcontractors to do likewise (Grazing Permit, Part 1, Section 3, Part 2, Section 8(a-h)).
a. First Offense. Contact the permittee by phone or in person describing the violation
and require correction of the problems associated with the situation within a
maximum of 72 hours. Follow up with a certified letter documenting the
conversation with instructions and timeframes required to correct problems.
b. Second Offense. Contact the permittee by phone or in person describing the
violation and require correction of the problem within 72 hours or less. Follow up
with a Non-compliance letter documenting the situation and request that they explain
why the permit should not be suspended or cancelled. If suspension is selected,
suspend 25% or more of the permitted numbers or season for a minimum of two
years.
c. Repeated Offenses. Send a Non-compliance letter documenting the violation and
request that the permittee explain why the permit should not be canceled. If sufficient
reason cannot be shown, cancel the entire permit.
5. Failure to Maintain Improvements.
The term grazing permit is issued and accepted with the provision that the permittee will
maintain all range improvements, whether private or Government owned, that are assigned to
them for maintenance in the grazing permit (Grazing Permit, Part 2, Section 8(i) and Part 3).
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a. Initial inspection of improvement maintenance. Contact the permittee in person or
by phone and describe the results of the inspection. Document the inspection, with
photographs if possible, and the violation in a certified letter to the permittee with
specific improvement maintenance needs and standards that need to be met.
If maintenance is not completed according to specifications, and within specified
timeframes, require the permittee to keep their livestock off or remove their livestock
from the allotment, until maintenance is completed to standard.
b. Follow-up Inspection. Send the permittee a certified letter documenting the
inspection and, if the improvements have not been maintained, associated violation.
If the improvements have not been maintained, request they explain why the grazing
permit should not be suspended. If sufficient reason cannot be shown, suspend 25%
or more of the permitted numbers or season for a minimum of two years. Do not
permit livestock on the allotment until improvement maintenance is completed to
standard.
c. Repeated Failure to Maintain Improvements. Send a Non-compliance letter
documenting the violation and request that the permittee explain why the permit
should not be cancelled. If sufficient reason cannot be shown, cancel the permit.
6. Nonuse without Approval.
Permits may be canceled, in whole or part, if the term permit holder fails to graze at least
90% of permitted numbers without obtaining approval for nonuse (Grazing Permit, Part 2,
Section 9).
a. First Offense. Send a Non-compliance letter documenting the violation and
request that the permittee explain why a portion of the permit should not be
suspended. If sufficient reason cannot be shown, suspend for one year or more, the
number equal to the authorized number not placed on the permitted area. Do not
allow credit or refund of grazing fees paid.
b. Repeated Offenses and Failure to Stock Permitted Areas When Permittee
Convenience Nonuse Has Been Exhausted. Send a Non-compliance letter
documenting the violation and request that the permittee explain why the permit
should not be cancelled. If sufficient reason cannot be shown, cancel the permit. Do
not allow credit or refund of grazing fees paid.
7. Making False Statements.
If at any time after issuing a grazing permit, it is discovered that it was secured or
maintained by deliberate misrepresentation or suppression of material facts, the permit may be
canceled (Grazing Permit, Part 1, Section 3). When a term grazing permit was issued as a result
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of purchase of base property or livestock later found to be fraudulent or defective, and the new
permittee had no knowledge of fraud or defect, a later discovery of defect shall not be sufficient
reason for suspension or cancellation.
If at any time, an authorized officer has reason to believe the information currently on
record, in the form of grazing applications or supporting information supplied, does not reflect
the actual situation, it is appropriate to ask the permittee to submit an updated application and
supporting documentation. If updated information provided by the permittee conflicts with
previously furnished or other known information, send a Non-compliance letter by certified mail
documenting the violation and request that they explain why the permit should not be canceled.
8. Failure to Pay Grazing Fees.
The permittee will not allow owned or controlled livestock to be on Forest Serviceadministered lands unless the fees specified in the Bill for Collection are paid. Interest,
penalties, and administrative costs shall be charged on any payment not made in accordance with
31 U.S.C. 3717 and 7 CFR Part 3, Subpart B (Grazing Permit, Part 2, Section 3 and 5).
a. Failure to Pay by the Due Date Where No Livestock Have Entered NFS Lands.
(1) First Offense. Contact the permittee and remind them that it is a permit violation,
Part 2, Section 3, if livestock are allowed to enter NFS lands before fees specified in
the Bill for Collection are paid. Bill the permittee for appropriate interest, penalties,
and administrative costs.
(2) Second and Repeated Offenses. Contact the permittee and remind them that it is a
permit violation, Part 2, Section 3, if livestock are allowed to enter NFS lands before
fees specified in the Bill for Collection are paid. Bill the permittee for appropriate
interest, penalties, and administrative costs. Send a Non-compliance letter
documenting the violation and requesting him to correct the situation or to explain
why 25% or more of the permitted numbers of season should not be suspended or
cancelled. If sufficient reason cannot be shown, take appropriate action.
b. Allowing Livestock to Enter NFS Lands Before Paying Grazing Fees. Send a
Non-compliance letter documenting the violation and requesting the permittee correct
the situation or explain why the permit should not be cancelled. If sufficient reason
cannot be shown, cancel the permit. Bill for excess use at unauthorized use rate.
9. Failure to Notify Authorized Officer of Change in Qualifications to Hold Term
Grazing Permit within a Reasonable Time (60 Days). (Grazing Permit, Part 2, Section 11 (c)):
a. First Offense. Send a certified letter documenting the violation and request the
permittee in non-compliance why the permit should not be suspended. If sufficient
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reason cannot be shown, suspend 25% or more of the permitted numbers or season
for a minimum of two years.
b. Repeat Offenses. Send a certified letter documenting the violation and request the
permittee in non-compliance why the permit should not be canceled. If sufficient
reason cannot be shown, cancel the permit.
10. Conviction for Failure to Comply with Federal, State, or Local Laws.
In cases where the permittee or the Permittees agents or affiliates are convicted for
violation of Federal laws or regulations or State laws concerning animal control, protection of
air, water, soil, vegetation, fish, wildlife, or other environmental values related to the grazing use
authorized by the permit (Grazing Permit, Part 1, Section 3).
a. First Offense. Send a Non-compliance letter documenting the violation and
request that the permittee in non-compliance explain why a portion of the permit
should not be suspended. If sufficient reason cannot be shown, suspend 25% or more
of the permitted numbers or season for a minimum of two years.
b. Second Offense. Send a Non-compliance letter documenting the violation and
request the permittee in non-compliance explain why the permit should not be
canceled. If sufficient reason cannot be shown, cancel the permit.
11. Failure to Conform With Base Property Requirements.
The permittee must notify the authorized officer if they dispose of the base property on
which the permit is based. The authorized officer shall provide written notice to the permittee
that they have 1 year from the date that they ceased to have base property to acquire replacement
base property.
a. Failure to Acquire Replacement Base Property. If, after the specified 1-year
period, the permittee fails to acquire replacement base property, the permit shall be
cancelled.
12. Leasing the Permit.
The permittee may not transfer, assign, lease, or sublet the permit in whole or in part,
including the lease of base property or permitted livestock to some one else to allow the lessee to
use the NFS grazing privilege (Grazing Permit, Part 2, Section 11(e)).
a. First offense. Send a Non-compliance letter by certified mail documenting the
violation and request the permittee explain why the permit should not be cancelled.
If sufficient reason cannot be shown, cancel the permit. In cases where fraudulent
documents have been submitted, cancellation is mandatory.
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EFFECTIVE DATE: 02/03/2003
DURATION: Effective until superseded or removed
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16.24 – Unauthorized use rate for bid allotments
When grazing fees for an allotment are at the sub-regional minimum the annual
unauthorized fee will be applied to any excess or unauthorized use. In the case where bid rates
are higher than the sub-regional minimum, unauthorized use rates will be the local bid rate for
that particular allotment. Charges to the permittee will be in addition to the annual bill and will
not be apart of any fee credit agreement. The permit action procedures described in 26.23
Exhibit 1, Item 2 should be followed.