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BLM Planning to Revamp Grazing Rules

The Bureau of Land Management filed a Notice of Intent (NOI) on Jan. 21 to prepare an environmental impact statement (EIS) with the intent of overhauling grazing regulations on public lands. The NOI filed with the federal registry established the beginning of a scoping process intended to solicit public opinion and identify issues.

Four public meetings have been planned for stakeholder comment on the proposed revisions, including one in Miles City, scheduled for Thursday, Feb. 6. BLM will host the input-gathering session from 4:30 to 7:30 p.m. at the Sleep Inn and Suites, 1006 S. Haynes Ave. Three other meetings will be held in Elko, Nev., Las Cruces, N.M., and Casper, Wyo.

The BLM is planning to update the Code of Federal Regulations (CFR), at 43 CFR part 4100, Grazing Administration -Exclusive of Alaska and seeking public comment as it prepares its EIS. The referenced grazing regulations cover all public lands, excluding Alaska, that have been deemed suitable for livestock grazing. Approximately 155 million acres of land in the western United States fall under this code.

According to the BLM’s website, they administer nearly 18,000 permits and leases on more than 21,000 allotments. The permits and leases are held by ranchers who primarily graze their cattle and sheep on federal land. The BLM Montana/Dakotas oversees roughly 8.3 million acres of land for “multiple use” and approximately 47.1 million acres of federal mineral estate. The regional division authorizes over 1.1 million animal unit months on grazing lands in the three states.

The NOI lays out a history of changes to regulations and court rulings which have led to confusion on the parts of grazing permittees and lessees, BLM staff, the public and the courts. Specifically, the agency points to revised grazing regulations in 1995 and 2006 followed by the U.S. District Court in Idaho permanently enjoining implementation of the 2006 amendments in a 2007 decision, followed by U.S. Court of Appeals for the Ninth Circuit affirming the permanent injunction in 2011.

Excepting the conservation use permit provision, which had been struck down in 1999 by the U.S. Court of Appeals for the Tenth Circuit, the BLM had managed livestock grazing on public lands under the regulations that were in effect prior to the 2006 amendments. The confusion to all stakeholders came because the 1995 regulations have never been published in the CFR, while the struck-down 2006 amended version still appears in the code.

Congress amended legislation in December, 2014 in regards to expired permits and leases, authorization to categorically exclude decisions authorizing certain grazing permits and leases from the requirement to prepare an environmental document, and direction as to the priority and timing for completion of environmental analyses. In 2016, the Government Accountability Office released “Unauthorized Grazing: Actions Needed to Improve Tracking and Deterrence Efforts” which recommended that under direction of the Secretary of the Interior, the Director of BLM amend regulations on unauthorized grazing. The goal of the recommendation was “to establish a procedure for the informal resolution of violations at the local level” and came about at least in part in response to the armed stand-off at Malheur National Wildlife Refuge in Oregon between armed militants and law enforcement.

The NOI states, “The BLM plans to initiate a rule making to address the Congressional amendments and the GAO’s concerns, as well as ensure that the CFR reflects the applicable regulations governing the grazing program in the continental United States.” The public-scoping process will focus on four key areas: updating and modernizing the regulations, improving permitting efficiency, promoting land health and public participation.

In addition, BLM is soliciting public input on possible regulatory changes that will affect historic properties, to determine the agency’s obligations under the National Historic Preservation Act. BLM further notes it will consult with Indian tribes on a government-to-government basis in order to give due consideration to tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources.

AgWeb Journal quoted Acting Assistant Secretary of Land and Minerals Management Casey B. Hammond as saying, “We continue to seek ways to improve and streamline the grazing permit process to achieve greater efficiencies and service to permittees. This rule-making effort is designed to strengthen and improve our administration of grazing permits across the West, and we welcome public and stakeholder ideas and perspectives.

While ranchers have welcomed the chance to improve the current system, BLM’s proposals also have naysayers. The Western Watersheds Project (WWP) issued a statement that said in part, “Today’s notice also demonstrates that the BLM is more interested in appeasing grazing permittees that break the rules rather than enforcing regulations that require the agency to report trespass grazing and other actions in violation of the permits. This is a clear nod to the Bundy crowd [of the Malheur National Wildlife refuge standoff] that they can get away with their illegal grazing and the BLM will just look the other way.” WWP also took issue with the perceived lack of environmental analysis and potential impact of grazing on public lands.

The BLM is also accepting written comments, which may be submitted until Feb. 28, 2020. Comments may be submitted at go.usa.gov/xyMqb or via mail to Bureau of Land Management, Attn: Seth Flanigan, 3948 S Development Ave, Boise, ID, 83702.

 

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