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FOREST SERVICE MANUAL
NORTHERN REGION (REGION 1)
MISSOULA, MT
FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 80 – GRAZING FEES
Interim Directive No.: 2209.13-2012 -7
Effective Date: July 6, 2012
Duration: This interim directive expires on January 6, 2014.
Approved: FAYE L. KRUEGER
Regional Forester
Date Approved: 07/03/2012
Posting Instructions: Interim directives are numbered consecutively by Handbook number
and calendar year. Post by document at the end of the chapter. Retain this transmittal as the first
page(s) of this document. The last interim directive was 2209.13-2012-6 to chapter 70.
New Document(s):
id_2209.13-2012-7
15 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
id_2209.13-2010-7, 11/08/2010
16 Pages
Digest:
81.22 – Provides background information on the animal-unit equivalency between different
classes of animals, but clarifies that grazing fees are still charged on the head-month basis
nevertheless.
81.3 – Clarifies time requirements for issuance of Bills for Collection. Explains that
correspondence between the authorized officer and the permit holder is still a requirement in
years when nonuse for personal convenience has been approved.
Provides clarification that allowing grazing fees to be paid in installments is not normally
allowed except on National Grasslands where grazing agreements have been issued to authorized
grazing associations. Such practices are not encouraged on National Forests.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 80 – GRAZING FEES
Table of Contents
81 – GRAZING FEES ..................................................................................................... 3
81.1 – Payment of Grazing Fees ................................................................................................. 3
81.2 - Unit of Charge .................................................................................................................. 3
81.21 – Grazing Fees for Partial Months ................................................................................ 3
81.22 – Animal Equivalency Ratio ......................................................................................... 4
81.23 – Lambing, Calving, Kidding ....................................................................................... 5
81.24 – Livestock Without Offspring ..................................................................................... 5
81.25 – Grazing Fee Year ....................................................................................................... 5
81.3 – Bills for Collection........................................................................................................... 5
81.4 – Unpaid Bill for Collection ............................................................................................... 5
81.41 – Fee for Grazing When Bill for Collection is Unpaid ................................................. 6
81.42 – Interest Charges ......................................................................................................... 6
81.43 – Penalty........................................................................................................................ 6
81.44 – Administrative Costs .................................................................................................. 6
81.45 – Permit Suspension or Cancellation for Unpaid Bill for Collection ........................... 6
81.5 - Refunds and Credits ......................................................................................................... 6
81.6 – Increased Use Requests ................................................................................................... 7
81.7 – Excess or Unauthorized Livestock Use ........................................................................... 7
81.8 – Local Agreements with the Bureau of Land Management .............................................. 7
82 – GRAZING FEE SYSTEMS ...................................................................................... 7
83 – GRAZING FEES FOR NATIONAL FORESTS IN THE SIXTEEN CONTIGUOUS
WESTERN STATES AND NATIONAL GRASSLANDS IN CALIFORNIA,
IDAHO, AND OREGON ....................................................................................... 8
83.1 - Grazing Fee Formula ........................................................................................................ 8
83.2 – Use of Grazing Fees for Rangeland Improvements under the Range Betterment Fund
(RBF) .............................................................................................................................. 9
83.3 - Annual Grazing Fees ........................................................................................................ 9
84 – GRAZING FEES FOR NATIONAL GRASSLANDS AND LAND UTILIZATION
PROJECTS EXCEPT IN CALIFORNIA, IDAHO, AND OREGON ....................... 9
84.1 - Grazing Fee Formula ........................................................................................................ 9
84.2 - Fee Reductions for Authorized Land Use Practice Expenditures .................................. 10
84.21 – Administrative Costs and Conservation Practices ................................................... 11
84.22 – Conservation Practice Approval Criteria ................................................................. 12
84.23 – Fee Reduction Criteria ............................................................................................. 12
84.3 - Annual Grazing Fees ...................................................................................................... 15
85 – GRAZING FEES FOR NATIONAL FORESTS IN the EASTERN UNITED STATES
- RESERVED...................................................................................................... 15
86 - ANNUAL RATES AND COMPETITIVE BID ADJUSTMENT FACTORS .............. 15
87 – GRAZING WITHOUT CHARGE............................................................................ 15
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 80 – GRAZING FEES
81 – GRAZING FEES
81.1 – Payment of Grazing Fees
Except in those limited situations where free grazing is expressly approved by the authorized
officer (sec. 87), charge a fee for grazing by domestic livestock on National Forest System lands
or other lands under Forest Service control.
81.2 - Unit of Charge
Charge grazing fees for each head month of grazing by a mature animal. For purposes of
determining the grazing fee, an animal is classified as “mature” as soon as it reaches six months
of age. A “mature” animal is one that is weaned, at least 6 months old upon entry onto National
Forest System lands, or will become 12 months old during the permitted period of use.
81.21 – Grazing Fees for Partial Months
Where permits authorize grazing for less than a full head month, divide the number of days of
authorized grazing by the number of days in the month and multiply by the monthly grazing fee
to determine the grazing fee for the partial month. Follow computation directions given in
exhibits 01 and 02 to this section.
81.21- Exhibit 01
Computation of Head Months for Which Payment Is Due
To compute the number of head months for which payment is due:
1. Determine the days of the year (numbered 1 to 365) for the on-and off-dates;
2. Subtract the on-date day from the off-date day;
3. Add 1 day (to include the on-date day of use); and
4. Divide this number by 30.416667 to determine the head months for which payment is
due. (Note: the divisor 30.416667 is the result of dividing the number of days in a year (365) by
the number of months in a year (12)).
Example: Season of use is June 6 through October 10; the number of animals (head) is 125.
Off-date October 10 calendar day:
Minus on-date June 6 calendar day:
Subtotal:
Plus 1 day of use for on-date of June 6:
283
-157
126
+ 1
127
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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81.21- Exhibit 01--Continued
127  30.416667 = 4.175 x 125 head = 522 head months
(521.875 rounded up*)
The total number of head months (522 in this example) is then multiplied by the grazing fee for
that year for that type of livestock.
*Fractional values of head months should be rounded up when they are greater than, or equal to,
.5, or rounded down when they are less than .5.
81.21 - Exhibit 02
Fractional Equivalents of Head Months
Use these instructions only when the on and off dates occur in the same month (less than
1 month total permitted use). Calculate the fraction of the month using the number of permitted
animals multiplied by the actual days of permitted use divided by the actual number of days in
the month.
Example: Season of use is February 12 through February 28; the number of animals (head)
is 125:
February 12 through February 28 = 17 days
17 days  28 = .607142
.607142 x 125 (number of animals) = 76 Head Months
(75.892750 rounded up*)
*Fractional values of head months should be rounded up when they are greater than, or equal to
.5, and rounded down when they are less than .5.
81.22 – Animal Equivalency Ratio
For fee purposes, five adult sheep or goats are equivalent to one cow, bull, steer, heifer, horse,
mule, or bison. However, the fee to be charged is on the head-month basis, and the annual headmonth rate for sheep/goats is different than (one-fifth of) the head-month rate for cattle/horses.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 80 – GRAZING FEES
81.23 – Lambing, Calving, Kidding
Do not assess additional charges for lambing, calving, or kidding on National Forest System
lands.
81.24 – Livestock without Offspring
The absence of lambs, calves, kids, or colts in a band or herd does not qualify for reductions in
the grazing fee.
81.25 – Grazing Fee Year
The grazing fee year shall begin on the first day of March and end on the last day of the
following February.
81.3 – Bills for Collection
Bills for collection are generally sent to the permittee at least 35 days before the permitted on
date. The bill includes the total number of livestock permitted, the kind and class of livestock
permitted, the permitted season of use, the allotment(s) designated for permitted grazing, the
total grazing fee, and the due date for payment (which should be at least 5 days prior to the
permitted on date to provide time to verify that the bill has been paid prior to entry on the
allotment). In addition, and where applicable, bills for collection may identify the kind and type
of authorized nonuse in the “Remarks” section; however, the authorized officer must still inform
the permittee, in writing, annually of the year of nonuse and the requirement for restocking after
approved nonuse is exhausted. See section 17.
Subject to the express written approval of the authorized officer, grazing fees may be paid in
installments provided that the payments are made prior to the grazing use covered by the
installment. Regional Foresters may specify the minimum amounts that will be billed in
installment payments. This provision is normally only allowed on National Grasslands operating
with grazing agreements issued to grazing associations. It is not encouraged and seldom used on
National Forests.
81.4 – Unpaid Bill for Collection
The Bill for Collection is classified as a “delinquent debt” if the grazing fees are not paid by the
due date specified therein. Livestock may not be placed on the permitted allotment(s) until the
grazing fees in the Bill for Collection are paid. In addition, failure to pay the grazing fees on or
before the due date in the Bill for Collection may result in charges for unauthorized use, interest,
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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CHAPTER 80 – GRAZING FEES
penalties, and administrative costs (see FSH 6509.11h, ch. 20), and action to suspend or cancel
the permit (ch. 10).
81.41 – Fee for Grazing When Bill for Collection is Unpaid
The fee for any grazing that occurs after the due date in the Bill for Collection and before the
payment of the Bill for Collection shall be assessed at the unauthorized use rate. See section
81.7 below.
81.42 – Interest Charges
The authorized officer shall also assess interest charges for unpaid bills for collection beginning
the day after the due date. However, if the grazing fees are paid within 30 days of the due date,
the authorized officer shall waive the interest charge.
81.43 – Penalty
The authorized officer shall assess a penalty of six percent per year for grazing fees that are more
than 90 days past due.
81.44 – Administrative Costs
The authorized officer shall also assess a charge for reasonable administrative costs incurred by
the Forest Service to process a delinquent debt until the Bill for Collection is paid.
81.45 – Permit Suspension or Cancellation for Unpaid Bill for Collection
In addition to the fees and charges outlined above, the authorized officer may take action to
suspend or cancel a term grazing permit, in whole or in part, based on the permittee’s failure to
pay the grazing fees on or before the due date in a Bill for Collection. See chapter 10.
81.5 - Refunds and Credits
Requests for refunds of grazing fees paid or credits towards the payment of the following year’s
grazing fees must be made in writing and approved by the authorized officer and may be
available in limited situations where the total amount of grazing by the permittee’s livestock
during a grazing season was less than the amount assessed in the Bill for Collection.
Refund/credit requests of less than $100 will be processed as credits against the grazing fee for
the next authorized grazing season. Refunds or credits may be approved only if the permittee
delays placing permitted livestock on the designated allotment(s) at the beginning of the grazing
season, places fewer permitted livestock on the designated allotment(s) than authorized by the
permit, or removes permitted livestock from the designated allotment(s) prior to the end of the
permitted grazing season at the request of the authorized officer. However, requests for refunds
or credits may only be approved when the basis for the request is related to the condition of
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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National Forest System rangeland resources; for example, the forage was not ready for grazing at
the beginning of the grazing season or the utilization level was reached prior to the end of the
grazing season. Requests for refunds or credits which are based on the permittee convenience or
business motivations of the permittee shall be denied.
81.6 – Increased Use Requests
All extensions of the authorized season of use must be paid. Permittee requests to increase the
amount of permitted use to take advantage of additional forage must be made in writing and
submitted to the authorized officer sufficiently in advance of the time when the increased use is
sought. The authorized officer may approve such a request (but is under no obligation to do so)
in a Bill for Collection, provided that the approval conforms to applicable law, regulation, and
direction in the forest, grassland, or allotment management plans. The fee for increased use shall
be paid prior to the beginning of the period of increased use.
81.7 – Excess or Unauthorized Livestock Use
Assess fees at the unauthorized use rate for excess or unauthorized livestock use. Charge the
unauthorized use rate for any livestock use that exceeds the amount of use authorized by the
permit or occurs at times or places that are not authorized by the permit; for example, grazing
before the permitted on date or after the permitted off date, or that are to be rested.
The unauthorized use rate is based on the full commercial value of leased forage, unadjusted for
differential operating costs for grazing National Forest System lands and leased private
rangelands. The unauthorized use rate does not consider permittee contributions towards
rangeland improvements. See FSM 2205 for definitions of “unauthorized livestock” and “excess
livestock.”
81.8 – Local Agreements with the Bureau of Land Management
Where allotments include lands under the jurisdiction of both the Forest Service and the Bureau
of Land Management, the agency responsible for administering grazing shall collect the grazing
fees. The administering agency shall credit grazing fees to each agency based on the carrying
capacity established for each agency’s land.
82 – GRAZING FEE SYSTEMS
The system used to determine the fee charged for grazing on National Forest System lands
differs depending on whether the permitted grazing occurs on: (1) National Forests in the sixteen
contiguous western states; (2) National Grasslands and land utilization projects; or (3) on
National Forests in the Eastern United States.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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83 – GRAZING FEES FOR NATIONAL FORESTS IN THE SIXTEEN CONTIGUOUS
WESTERN STATES AND NATIONAL GRASSLANDS IN CALIFORNIA, IDAHO, AND
OREGON
Grazing fees are calculated in accordance with Executive Order 12548 issued February 14, 1986
(E.O. 12548). E.O. 12548 specifies that the fee for livestock grazing on National Forests in the
sixteen contiguous western states and National Grasslands in California, Idaho, and Oregon must
not be less than $1.35 per animal unit month in any grazing fee year. In addition, E.O. 12548
provides that the grazing fee in any given year may not be more than 25 percent higher or lower
than the previous year’s fee. The “sixteen contiguous western states” are defined in the Federal
Land Policy and Management Act (FLPMA) and include Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South
Dakota, Utah, Washington, and Wyoming.
83.1 - Grazing Fee Formula
GF = BV x FVI + (BCPI - PPI)
100
Where:
GF = Grazing fee charged by the Forest Service to the permittee.
BV = Fair market base value of $1.23. The $1.23 base value was established in a 1977 study by
the Secretaries of Agriculture and the Interior and is based on an analysis of data in the 1966
Western Livestock Grazing Survey. Items considered in the development of the base value
included costs associated with grazing on public lands versus costs associated with grazing on
private lands. Among the items considered as costs were: lost animals; association fees;
veterinary fees; moving livestock to and from grazing areas; herding; salt; feed; water; horses;
permittee travel to and from grazing areas; fence maintenance; water development maintenance;
and development depreciation.
FVI = Forage Value Index (annually computed from data supplied by the U.S. Department of
Agriculture (USDA), National Agricultural Statistics Service (NASS)). The FVI, an index of
annually surveyed private grazing land lease rates, 1964-1968 = 100.
BCPI = Beef Cattle Price Index (Source: NASS). The BCPI, an index of USDA annually
reported prices of beef cattle over 500 pounds, 1964-1968 = 100.
PPI = Prices Paid Index (Source: NASS). The PPI, indexed prices that livestock producers pay
for selected production items, 1964-1968 = 100.
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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83.2 – Use of Grazing Fees for Rangeland Improvements under the Range
Betterment Fund (RBF)
Under FLPMA, each year the RBF is scheduled to receive 50 percent of the amounts paid into
the Treasury as grazing fees, or $10 million, whichever is greater. This money is used to finance
on-the-ground rangeland rehabilitation, protection, and improvement projects on the Forest or
Region from which the grazing fees originated. See generally FSM 2240 for information on
RBF allocations, authorized and prohibited expenditures, and funding priorities.
83.3 - Annual Grazing Fees
See section 86 for current rate.
84 – GRAZING FEES FOR NATIONAL GRASSLANDS AND LAND UTILIZATION
PROJECTS EXCEPT IN CALIFORNIA, IDAHO, AND OREGON
Forest Service regulations require the fee for National Grasslands and land utilization projects to
be established under concepts and principles similar to those used for National Forests in the
sixteen contiguous western states. Therefore, the formula used to calculate the annual fee for
grazing on National Grasslands and land utilization projects in all states other than California,
Idaho, and Oregon is the same as the formula used to calculate the grazing fee for National
Forests in the 16 contiguous western states except that the base value, beef cattle price index, and
prices paid index are calculated based on information from only those states in which the
affected grasslands or land utilization projects are located. The fee for grazing on National
Grasslands in California, Idaho, and Oregon are is the same as the fee for grazing on National
Forests in the sixteen contiguous western states. See section 83 above.
As on National Forests in the sixteen contiguous western states, the grazing fee on National
Grasslands and land utilization projects will not be less than $1.35 per head month in any year
and the grazing fee in any one year will not be more than 25 percent higher or lower than the
previous year’s grazing fee.
84.1 - Grazing Fee Formula
GF = BVNG x FVI + (BCPI - PPI)
100
Then subtract the LUP from the grazing fees due to determine actual fee due to the
treasury.
Where:
GF = Grazing fee charged by the Forest Service to the permittee.
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EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
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BVNG = Stands for Base Value National Grasslands which is the fair market base value of
$1.33. This figure is derived from the 1966 Western Livestock Grazing Survey data as follows:
Base Value for National Forest
Cost Differences, National Forest
=
Base Value for National Grassland
Cost Differences, National Grassland
$1.23 = BVNG
$1.60
$1.73
$1.60 x BVNG = $2.13
BVNG = $1.33
FVI = Forage Value Index (annually computed from data supplied by the U.S. Department of
Agriculture (USDA), National Agricultural Statistics Service (NASS)). The FVI, an index of
annually surveyed private grazing land lease rates, 1964-1968 = 100.
BCPI = Beef Cattle Price Index (Source: NASS). The BCPI, an index of USDA annually
reported prices of beef cattle over 500 pounds, 1964-1968 = 100.
PPI = Prices Paid Index (Source: NASS). The PPI, indexed prices that livestock producers pay
for selected production items, 1964-1968 = 100.
LUP = Land Use Practices. Fee reduction for conservation practices (and administrative
activities where grazing associations administer grazing activities of their members under a
grazing agreement). Fees may be reduced by 50 percent where only conservation practices are
involved; by 75 percent where a combination of conservation practices and administrative
activities are involved.
84.2 - Fee Reductions for Authorized Land Use Practice Expenditures
The authorized officer may reduce the fee assessed for grazing on National Grasslands and land
utilization projects covered by this section in consideration of expenditures incurred by the
permittee to carry out certain authorized land use practices. These land use practices include
conservation practices and, in some circumstances, administrative activities as well. Fee
reductions for administrative activities are only available to grazing associations for routine costs
incurred by the association to administer the livestock grazing activities of its members under a
grazing agreement issued by the Forest Service. Fees may be reduced by up to 50 percent where
only conservation practice expenditures are involved; fees may be reduced by up to 75 percent
where conservation practice and administrative activity expenditures are involved except as
provided for in 84.21(2).
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
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84.21 – Administrative Costs and Conservation Practices
In order to determine the grazing fee on lands covered by a grazing agreement, the value for
grazing on National Grasslands may be reduced by up to 75 percent to reflect expenses incurred
by the grazing association (or by up to 50 percent to reflect expenses incurred by a direct
permittee) to carry out required land use practices, including:
1. Administrative Costs. Administrative costs are costs that would otherwise be borne
by the Forest Service if it were directly administering the grazing permits of the Association
members and may include routine administrative and clerical expenses incurred by the
Association related to activities like issuance of grazing permits, collection of grazing fees,
monitoring livestock use, enforcement of permit terms and conditions, and record keeping.
Administrative costs must be approved by the authorized officer in advance and may include, but
are not limited to, expenses incurred by the Association for salaries and benefits, payroll taxes,
postage, copying, depreciation, office space, utilities, legal and accountant fees, and directors’
expenses related to administering the Agreement.
Administrative costs may not include any expenses (including attorney fees) related to legal or
administrative challenges against the Forest Service. Association costs for memberships in, dues
for, or contributions to advocacy groups are also not allowed administrative expenses.
2. Conservation Practices. Conservation practices are structural and non-structural
rangeland treatments and improvements on National Forest System lands that are approved in
advance by the authorized officer and are necessary to properly administer a grazing agreement
or grazing permit. Conservation practices shall always be designed and implemented to protect
and, where applicable, enhance other resource values and uses. Examples of conservation
practices include fences, water developments, vegetation manipulation, land exchanges,
watershed protection, wildlife habitat improvement, and studies to determine rangeland health
and stocking rates.
The total amount of expenses allowed for both conservation practices and administrative costs
will normally not exceed 75% of the grazing value. Conservation practices may be less than
50% of the grazing value, but will normally not exceed 50% of the grazing value with the
balance of the up to 75% of the grazing value allowed for administrative costs. No less than
25% of the fee should normally be returned to the United States Treasury annually, a portion of
which is distributed to counties where the fees were collected to assist with funding schools and
roads.
In the rare case where the authorized officer decides to allow greater than the 50 percent of the
value to be used for conservation practices that year, and/or greater than 75 percent of the value
for a combination of conservation practices and administrative costs, the approval and rationale
for doing so should be documented in a letter to the association (see Section 24.3).
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For grazing permits issued directly by the Forest Service to individuals on National Grasslands,
fee reductions for conservation practices may be applied to an individual permit or across an
administrative area, such as an entire National Grassland or Ranger District. No fee reduction
for administrative costs will be allowed for grazing permits issued directly by the Forest Service
to individuals.
84.22 – Conservation Practice Approval Criteria
Prior to approving a conservation practice for a fee reduction, the authorized officer must:
1. Ensure that conservation practices are located on National Grasslands, Land
Utilization Projects, or lands over which the United States holds an easement.
2. Ensure that the primary purpose of the conservation practice is to improve resource
conditions related to permitted livestock grazing activities on the National Grasslands covered by
the grazing agreement.
3. Identify whether the conservation practice meets resource management objectives as
set forth in the applicable forest or grassland plan, AMP, or project decision.
4. Ensure that the development and implementation of the conservation practice is
conducted in compliance with applicable federal laws and regulations.
5. Ensure that the costs incurred by the member or permittee in developing or
implementing the conservation practice would otherwise be borne by the Forest Service.
6. Determine whether the conservation practice is cost effective.
7. Ensure that title to the conservation practice is in the name of the United States.
8. Ensure that water rights that may be associated with the conservation practice are filed
in the name of the United States.
84.23 – Fee Reduction Criteria
In order to qualify for a reduction in the grazing fee based on approved land use practices,
expenditures incurred for those practices shall be documented in writing and verified by the
authorized officer.
Fee reductions are not available for land use practices where the grazing agreement covers
National Forest lands. In those cases, structural and non-structural range improvements are
funded under the Range Betterment Fund. See section 83.2.
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Fee reductions are authorized under the Title III of the Bankhead Jones Farm Tenant Act and a
1950 Comptroller General’s opinion which is set forth at exhibit 01.
84.2 - Exhibit 01
COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON 23
B-77467
November 8, 1950
The Honorable
The Secretary of Agriculture
My dear Mr. Secretary:
Reference is made to letter of October 24, 1950, from the Assistant Secretary in response to
request of August 24, 1950, for your views with respect to the practice of the Soil Conservation
Service of leasing lands covered by Title III of the Bankhead-Jones Farm Tenant Act at reduced
rentals in return for the performance by the permittees or lessees of improvements, and so forth
to the lands, thus resulting in what appeared to be an augmentation of your Department's annual
appropriation for "Land Utilization and Retirement of Marginal Land," and resulting, also, in
what appeared to be a diversion of funds otherwise payable to the county or counties in which
such lands are situated.
The letter of October 24, cites particularly as authority for such practice the provisions of section
32(c) of the act, supra, 7 U.S. Code 1011(c), which authorizes the Secretary "To sell, exchange,
lease, or otherwise dispose of, with or without a consideration, any property so acquired, under
such terms and conditions as he deems will best accomplish the purposes of sections 1010-1013
of this title." The said letter indicates that the condition of the land determines whether certain
land use practices--it being understood that fencing and the providing of water tanks properly
may be classified as land use practices--are to be imposed upon permittees or lessees, and that
the fees or rentals are established in relation to the value of the use of the land as it may be used
under the required land use practices. In that connection, it is pointed out that the lands which
can be used under the act without the necessity of imposing additional land use practices have a
greater value than lands which, because of their condition, require the imposition of special land
use practices upon permittees or lessees at their own expense.
Considering the broad purpose of Title III of the Bankhead-Jones Farm Tenant Act, and
especially the authority vested in the Secretary by section 32(c) thereof to lease lands, with or
without consideration, under such terms and conditions as will best accomplish the purpose of
the act, no further question will be raised by this office with respect to what had appeared to be
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
id_2209.13-2012-7
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 80 – GRAZING FEES
84.2 - Exhibit 01--Continued
an augmentation of funds resulting from the leasing practices referred to in Office letter of
August 24, 1950.
Moreover, in view of the foregoing, it now appears that no diversion of funds otherwise payable
to the counties in which the lands are situated would result from the above-mentioned leasing
practices. Section 33 of the act, 7 U.S. Code 1012, requires that 25 per centum of the "net
revenues received by the Secretary" from the use of the land shall be paid to the county or
counties in which the land is held by the Secretary. As stated in your Department's letter, it
seems obvious that said section 33 requires payments to counties of no more than 25 percent of
what the Secretary actually receives. Accordingly, no further objection will be interposed by this
Office in that respect.
Sincerely yours,
/s/ Lindsay C. Warren
Comptroller General
Of the United States
R1 INTERIM DIRECTIVE
EFFECTIVE DATE: 07/06/2012
DURATION: This interim directive expires on 01/06/2014
id_2209.13-2012-7
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FSH 2209.13 – GRAZING PERMIT ADMINISTRATION HANDBOOK
CHAPTER 80 – GRAZING FEES
84.3 - Annual Grazing Fees
See FSM 2238.6 for current rate. The interim directive is normally issued in February for each
year and provides for the current fee schedule.
85 – GRAZING FEES FOR NATIONAL FORESTS IN THE EASTERN UNITED
STATES - RESERVED
86 - ANNUAL RATES AND COMPETITIVE BID ADJUSTMENT FACTORS
Base rates and competitive bid adjustment factors are issued annually by interim directive to this
code. The base grazing values established for grazing permits under this section shall be
annually adjusted through a hay price index, by respective subregions. The hay price index
means the weighted, average selling price of “other” baled hay computed by the National
Agricultural Statistics Service (NASS) of USDA. Base this index on three-year average hay
prices and reflect the annual percentage change in the cost of alternative livestock feed.
87 – GRAZING WITHOUT CHARGE
Subject to the express written approval of the authorized officer, a permittee may not be required
to pay a fee for certain types of grazing authorized under a temporary grazing or livestock use
permit. Specifically, fees may not be charged where the purpose of grazing is vegetation
management or if the grazing activity is part of a scientific study or research activity. Under
these circumstances, it is within the authorized officer’s discretion to decide whether a grazing
fee should be assessed.
In addition, do not charge fees to Indian tribes who hold permits to graze on National Forest
System lands that were ceded in a treaty with the United States subject to the reservation of
grazing rights. See chapter 50.