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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 2209.13-2012-1
Effective Date: December 5, 2012
Duration: This supplement is effective until superseded or removed.
Approved: NORA B. RASURE
Acting Regional Forester
Date Approved: 10/03/2012
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 2209.13-2007-2 to Chapter 10.
New Document
R9 RO 2209.13-2012-1
13 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
R9 RO 2209.13-2007-2
7 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.
16.23 - Provides further direction on non-compliance letters. Offers guidance and recommended
actions for permit violations. Stipulates direction in charging unauthorized use fees on bid and
non-bid allotments.
16.24 –Provides further guidance on Permittee compensation when grazing allotment is devoted
to other purposes.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed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
A “bid” permit may be transferred to a new applicant before expiration and without going
through the bid process under the following conditions:
1. The new applicant purchased base property or permitted livestock.
2. The applicant is willing to accept the permit and its terms and conditions, including the
numbers, kind, season, present bid rate, and current expiration date.
3. The applicant is willing to accept current fee credit agreements, and other modifications
made to the current permit.
The current expiration date of the permit will not be extended upon transfer. Upon expiration,
the transferred permit will go through the bid procedures explained in FSH 2209.13 Chapter 80.
The new permittee may match high bid providing he is in good standing with the Forest Service,
and has submitted a bid.
A Term Permit or 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 for another user.
2. An allotment and private land make an effective and logical grazing unit.
3. The applicant is willing to accept the permit and its terms and conditions, including the
numbers, kind, season, grazing fee rate, and current expiration date.
4. The applicant is willing to accept current fee credit agreements, and other modifications
made to the current permit.
The current expiration date of the permit will not be extended upon transfer. Upon expiration,
the transferred permit does not need to go through the “bid” process because of the land locked
nature that precludes other prospective users. Minimum fee requirements will be set according
to Region 9 FSM Supplement 2238.24.
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EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
16.2 – Suspension or Cancellation of Grazing Permits
16.23 – Notice of Non-Compliance and Cancelation Letter for Grazing Permit
Non-Compliance Letters
When suspension or cancellation actions are considered, the authorized official will notify the
permittee with a Non-compliance letter outlining:
1.
2.
3.
4.
The violation(s),
What action(s) the permittee must take to remedy the violation,
The timeframe with which this remedial action(s) must be taken, and
The Forest Service’s proposed administrative action.
As a courtesy, the Notice of Non-Compliance (NONC) letter should also include a statement that
encourages the permittee to contact the authorized officer in a timely fashion 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 that 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. The authorized official will send a copy of the Non-compliance letter to any holders of
Escrow Waivers by certified or registered mail.
When infrequent, minor, or first time offenses have been detected that can be easily remedied by
a telephone call to or personal contact with the permittee, and the violation is one that would not
ordinarily justify suspension or cancellation action, issuance of a NONC is not necessary.
However, the authorized officer should make contact with the permittee, describe the
noncompliance incident, the corrective action required, the timeframe for action, and the
consequences associated with failure to comply. The noncompliance incident and the follow-up
discussion with the permittee should be documented in the allotment inspection notes or a
memorandum and placed in the permittee’s official case file.
Violations of grazing permit terms and conditions are cumulative when they occur for a
continuous number of years. This means that habitual violations over several years should be
considered in determining second and third offenses. Isolated and infrequent violations are not
evidence of a recurrent history.
If violations of permit terms and conditions occur, Exhibit 02 provides additional guidance in
determining the extent of recommended actions deemed appropriate for the violation. Questions
can be directed to the Regional Range Management Specialist.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
Decision Letters
Following a written or verbal reply by the permittee, 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 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,
the authorized official will implement the decision, unless a stay is granted (36 CFR 251.91).
See exhibit 01 for examples of both Notice of Non-Compliance and Decision Letter formats.
Unauthorized use rate for bid allotments
When grazing fees for an allotment are at the sub-regional minimum the published annual
unauthorized fee will be applied to any excess or unauthorized use, FSM 2238.6. In the cases
where bid fees are higher than the sub-regional minimum, unauthorized use rates will be the
permittee’s bid for that particular allotment. Charges to the permittee will be in addition to the
annual bill and will not be a part of any fee credit agreement. The permit action procedures
described in 16.23 Exhibit 1, Item 2 should be followed.
16.24 - Cancellation to Devote the Lands to another Public Purpose
Grazing permits may be cancelled in whole or in part where a decision has been made to devote
certain National Forest System lands to another public purpose that precludes grazing by
permitted livestock. Except in an emergency, do not cancel a permit without a two-year
notification (36 CFR 222.4(a)(1)). The permittee may waive the two-year notice requirement if
he or she so chooses. Under the Federal Land Policy and Management Act (FLPMA) of 1976,
permittees are entitled to reasonable compensation for the adjusted value of their interest in
authorized permanent improvements on National Forest System lands which are to be devoted to
another public purpose that precludes livestock grazing. See FSM 2240.
“Devote[ing] lands to another public purpose” includes projects that result in the transfer of lands
out of the National Forest System as part of a land exchange. Where land exchanges are being
considered, the authorized officer should notify the affected permittees in writing of the potential
exchange as soon as reasonably practicable once the exchange appears likely. Scoping for the
proposed land exchange may be an appropriate time to provide the permit holder with this notice.
This early notice should provide the permittee with sufficient time to make alternative
arrangements in the event that the exchange occurs. Since land exchanges may take several
months or longer to complete, the authorized officer should periodically advise the permit holder
of the status of the negotiations. For more information regarding land exchanges, see FSH
5409.13.
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EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
16.23 – Exhibit 01
Notice of Non-compliance
for
Failure to Maintain Improvements
File Code:
Date:
2230
July 4, 2012
Mr. Ben There
Done That Avenue
Somewhere, WI 00000
NOTICE OF NON-COMPLIANCE
Dear Mr. There:
This letter is in regard to Term Grazing Permit No. XXXXX, issued in the name of XXXXX on
XXXXXX. This permit authorizes the grazing of XXXX cow-calf pairs during the season
XX/XX-to-XX/XX on the XXXXXXXX Allotment.
Inspection of the Allotment on XXXXX noted that you have not completed the work as indicated
on your Fee Credit agreement dated: XXXXXXX. This inaction is a violation of Part 2, Item 8
(h) or your permit, which says, “The permittee will pay the costs to, perform, or otherwise
provide for the proportionate share of cooperative improvements and management practices on
the permitted area when determined by the Forest officer in charge that such improvements and
practices are essential for the proper protection and management of the resources administered
by the Forest Service.”
Enclosed you will find a Bill for Collection, No. BD XXXXXX for the amount of $XXXX.XX.
This bill is for the XXXX grazing season and is the result of the deficient performance on the
Fee Credit Agreement.
Please mail your payment along with a copy of enclosed bill to our collection office at:
USDA Forest Service
P.O. Box 894183
Los Angeles, CA 90189-4183
To alleviate this non-compliance, you must complete the Fee Credit work or make the enclosed
payment of the bill by the due date. If the bill is not paid in full by the due date, your permit will
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
16.23 – Exhibit 01(continued)
be canceled, and you will be charged interest at the Department of the Treasury rate (4.875%)
calculated 30 days from the invoice’s due date. Also, additional administrative costs may be
assessed. A penalty of 6 percent per year shall be assessed on any payment or fee amount
overdue in excess of 90 days from the date of the first billing, (Pursuant to 31 USC 3717 and 7
CFR Part 3, Subpart B ).
Please contact us on your intent regarding the allotment and this bill. We wish to continue to
work with you with the management of this allotment, but we need your full compliance with the
permit before we continue to do so. Should you need additional information, please contact
XXXXXX at XXX-XXX-XXXX.
Sincerely,
XXXXXXXXX
XXXXXXXXX
District Ranger
cc: XXXXX
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
16.23 – Exhibit 01--Continued
Suspension or Cancellation Letter
File Code:
Date:
2200
July 4, 2012
Mr. Ben There
Done That Avenue
Somewhere, WI 54000
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
Dear Mr. Permittee,
This letter is in regard to Term Grazing Permit No. XXXXX, issued in the name of XXXXX on
XXXXXX. This permit authorized the grazing of XXXX cow-calf pairs during the season of
XX/XX-to-XX/XX on the XXXXXXXX Allotment.
On XXX XX, XXXX, We sent you a Non-compliance Notice concerning the lack of fence
maintenance on the XXXXXX grazing allotment. Later, you were asked and agreed to repair the
fences by XX XX, XXXX. Since then, our Range Technician inspected the fences on the
allotment. His assessment of the fencing on the allotment is that adequate maintenance is not
occurring as required by the standards set forth in the permit and our agreement. This is
evidenced of a recurrent history of your inability to complete the necessary fence repairs. The
lack of maintenance is a violation of Part 2, Section 8 of your term grazing permit, stated below:
8. Range and Livestock Management
(i) This permit is issued and accepted with the provision that the permittee will maintain
all range improvements, whether private or Government-owned, that are assigned for
maintenance to standards of repair, orderliness, and safety acceptable to the Forest
Service…
Due to the ongoing nature of the fencing, problem and your unresponsiveness to our requests to
maintain the fence as required by the permit, I am canceling your permit. You may call me
directly at XXX-XXX-XXXX, if you have any questions regarding the cancellation of this
permit. In the meantime, remove your cattle by XXXXX (week) and notify this office of when
this task has been completed.
This decision is subject to appeal pursuant to Department of Agriculture regulations 36 CFR 251,
subpart C. Any appeal of this decision must include the information required by 36 CFR 251.90,
including the reasons for appeal. An appellant or intervener may request a stay of a decision at
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
16.23 – Exhibit 01(continued)
any time while an appeal is pending, if the harmful effects alleged pursuant to 36 CFR 251.91 (c)
(3) would occur during the pendency of the appeal. The reviewing officer shall not accept any
request to stay implementation of a decision that is not scheduled to begin during pendency of
the appeal. If you appeal this decision, a Notice of Appeal must be filed within 45 days of the
date of this letter (by XXXX, 2009):
Forest Supervisor
XXXXXXXX National Forest
XXX XXXXXX XXXX
XXXXXXXX, XX XXXXX
A copy must be sent simultaneously to:
District Ranger,
XXXXXX Ranger District
XXXXXXXXXX
XXXXX, XX XXXXX
Sincerely,
XXXXXXXXX
XXXXXXXXX
District Ranger
cc: XXXXX
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
16.23 – Exhibit 02
General Guidance in Determining Suspensions or Cancellations and Recommended
Actions for Permit Violations
The authorized official will follow the below procedure for the following steps:
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% 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.
Is defined as 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.
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EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
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.
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 Noncompliance 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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EFFECTIVE DATE: 12/5/2012
DURATION: Effective until superseded or removed
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION
CHAPTER 10 - PERMITS WITH TERM STATUS
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.
b. 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.
c. 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.
d. 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 a 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 of
purchase of base property or livestock later found to be fraudulent or defective, and the new
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DURATION: Effective until superseded or removed
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CHAPTER 10 - PERMITS WITH TERM STATUS
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, the authorized official will send a Non-compliance letter
by certified mail documenting the violation and requesting 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 Service-administered
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 Noncompliance 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.
b. 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
someone else to allow the lessee to use the NFS grazing privilege (Grazing Permit,
Part 2, Section 11(e)).
(1) 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.