WEEKLY ISSUANCE REPORT REGIONAL OFFICE November 08 - 12, 2010 Code FSM/FSH Supplement/ Amendment/ ID Number Document Name FSM/FSH Code Digest FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-1_id r1-2209-13-2010-1_id ID 2300-2010-1 New pages: 73 pages Removed: 74 pages See Digest below Effective: November 08, 2010 Digest: 11 – Provides clarification regarding administrative decisions vs. those which may need addition NEPA analysis and decision. 12.1 – Provides clarification of term ‘age of majority’ to conform to State specific definitions. 12.21 – Further defines base property. Adds reference to Chapter 20 with regard to exceptions specific to grazing agreements. 12.22 – Provides clarification regarding resale agreements to specify that they do not constitute a bona fide transaction. 12.4 – Adds emphasis to the fact that the permit holder retains sole responsibility for compliance with a term grazing permit, even when significant authority has been designated to a manager. 12.5 – Clarifies that moving to a lower limit is a goal and not a mandatory requirement. Adds clarification that on-off permits provide a special circumstance with regard to lower limits. 13.22 – Provides significant clarification to the determination of priority for the grant process. Provides guidance for the use of a defined process when a grant is proposed to be made available to new applicants. 13.3 – Clarifies appropriate situations whereby a forage reserve may be established. 14.34 - Clarifies that brand certificates from other states may be acceptable when accepted by the State where the permittee livestock grazing occurs. 15.2 – Provides clarification to validation requirement. 15.43 - Provides clarification for waiver when a permit is issued under a variable numbers, seasons, and areas to be grazed clause. 15.81– Adds clarification on the length of term of a term private land permit when the private lands are made available through an annual renewable lease. 1 15.83 Exhibit 01 – Adds clarifying language to table comparing and contrasting term private land grazing permits and term grazing permits with on-off provisions. 16 – Adds language clarifying appeal opportunities with a change in the term permit. 16.13 – Adds clarification to the use of the USDA certified mediation program to only situations involving cancellation or suspension based on non-compliance situations. 16.15 – Adds discussion regarding NEPA compliance when responding to a permittee request for a modification to a term grazing permit. 16.21 – Adds clarification regarding purchase agreements for base property and/or permitted livestock to reinforce restrictions on ownership reverting to the original owner within 24 months. 16.4 – Provides clarification for the use of suspension and cancellation guidelines; removes term ‘sanction’ and replaces it with ‘guidelines’ to reinforce appropriate use; adds clarification to the use of informal resolution processes as the first step in resolving non-compliance. 18.24 - Adds clarification that the term grazing permit will normally follow the base property in an inheritance situation unless the settlement documents indicate otherwise. 18.26 - Adds clarification that the term grazing permit will normally follow the base property in a corporation or partnership dissolution situation unless the settlement documents indicate otherwise. 19 – Removes section. Similar language exists in chapter 90 (99) and the guidance is more appropriate there. FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-2_id r1-2209-13-2010-2_id ID 2300-2010-2 New pages: 25 pages Removed: 27 pages See Digest below Effective: November 08, 2010 Digest: 21 – Clarifies that both Forest and Grassland Supervisors may enter into agreements with Grazing Associations and Districts. 22 – Provides clarification that the permittee is subject to all rules and regulations of the Secretary of Agriculture (including Forest Service policy and procedures), 23 – Provides clarification that Rules of Management must follow all laws the Forest Service is required to enforce. Further clarifies that Rules of Management will be developed with Chapter 10 and 30 of Forest Service 2209.13 as a guide. 23.2 – Provides clarification that when the association's program involves National Forest System lands other than National Grasslands, Forest Service policies and procedures for issuing and administering term and temporary grazing permits must be made a part of the association's rules of management. 2 24.3 – Clarifies situation whereby an authorized officer may allow greater than 50 percent of the fee value to be used for conservation practices and that it should be documented in writing. FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-3_id r1-2209-13-2010-3_id ID 2300-2010-3 New pages: 9 pages Removed: 10 pages See Digest below Effective: November 08, 2010 Digest: 30 – Provides direction for Livestock Use and Temporary Permits by combining chapters 30 and 40. Combines direction in this chapter to conform to merger of Temporary Grazing Permits and Livestock Use Permits into a single instrument. Defines provision requiring satisfaction of four criteria before temporary grazing or livestock use permit may be authorized. 31.23 – Clarifies guidance on the issuance of crossing permits to existing term grazing permit holders. 31.24 – Clarifies guidance regarding use and permitting of leased breeding sires. 31.25 – Provides emphasis on use of temporary or livestock use permits for management of invasive species. FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-4_id r1-2209-13-2010-4_id ID 2300-2010-4 New pages: 5 pages Removed: 7 pages See Digest below Effective: November 08, 2010 Digest: 51 – Provides expanded and clarified direction regarding grazing by Indians on national Forest System lands based on treaty rights reserved to Indian Tribes. Defines the requirement for review and coordination with the regional rangeland specialist and OGC on matters concerning interpretation of grazing issues in treaties between United States and Indian tribes. Provides clarifying language on matters concerning interpretation of grazing issues in treaties between United States and Indian tribes. 3 FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-5_id r1-2209-13-2010-5_id ID 2300-2010-5 New pages: 8 pages Removed: 12 pages See Digest below Effective: November 08, 2010 Digest: 60 – Provides direction by identifying the specific documents to be included in an official grazing permit case file. Clarifies direction on maintenance and disposal of official grazing permit case files and permanent summary records. 62 – Provides recommendations as to hard copy file ordering and maintenance. Provides medications to Exhibit 01 and 02 to clarify intent and meaning. FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-6_id r1-2209-13-2010-6_id ID 2300-2010-6 New pages: 4 pages Removed: 5 pages See Digest below Effective: November 08, 2010 71.2 – Provides clarification regarding determination of adjusted value when permits are cancelled for other than cause. 73 – Adds clarification regarding loss of interest in structural improvements, for compensation purposes, upon waiver or cancellation of term permit. FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK r1-2209.13-2010-7_id r1-2209-13-2010-7_id ID 2300-2010-7 New pages: 16 pages Removed: 28 pages See Digest below Effective: November 08, 2010 Digest: 80 – Provides direction regarding grazing fee system on National Forests and land utilization projects in the sixteen contiguous western states. Includes direction regarding grazing fee system on National Grasslands and how fees for grazing on National Grasslands (except in California, Idaho and Oregon) can be reduced by up to 75 percent for conservation practices and/or administrative activities. Clarifies the limited situations when the authorized office may authorize grazing on National Forest System lands without charging a fee is added. 4 83.1 – Corrects grazing fee formula. 84.21 – Clarifies direction on the use of conservation practices funding. 84.1 – Corrects grazing fee formula. 85 – Deletes text for entire section regarding Eastern Grazing Fees as not being pertinent to the Region. Reserves this section. 5