4310.1 Management Permits Management permits will be issued to each user who is operating under an acceptable AMP at the time the new regulations are approved. Thereafter, a management permit will be issued when a new AMP has been developed and implemented. "Implemented" means any definite action of livestock control or range improvements construction taken to reach the management objectives stated in the AMP. The effective period of not more than 10 years for management permits is a limit of the Taylor Grazing Act. An AMP and its provisions are attached to and become a part of the permit document. This Subpart allocates to the operator additional livestock forage which becomes available within a management allotment which he can properly utilize. "Additional livestock forage" is that amount which exceeds the recognized preference and which is available for livestock grazing on a sustained basis after all nonlivestock uses have been considered and accommodated to the extent practical. The allocation of additional livestock forage to the permittee provides an incentive for proper use, and it supports land management responsibility for the public lands. It reduces uncertainty and allows for the economic stability and enhancement of local communities. In community allotments, all permittees would receive their fair share of the additional available forage based upon their present percentage of allowable use. If an operator (s) cannot make use of all of the additional forage, the authorized officer may allocate such grazing use to qualified applicants. 4320 Special Permits In addition to the three kinds of grazing permits (management, custodial and regular), four different special permits may be issued --Free-Use, Crossing, Exchange-of-Use, and Nonrenewable. Encl. 3-9 Existing rules provide for the issuance of free-use grazing permits, and the suggested regulations continue this practice consistent with the Taylor Grazing Act. 4320.3 Exchange-of-Use Permits Exchange-of-use permits at no charge may be issued for the grazing capacity of controlled non-Federal land which lies within the permitted grazing area. Current agreements in which grazing capacity credit is allowed for controlled lands lying outside of the individual's authorized grazing area will continue to be recognized for the effective period of the agreement. Intent, over a reasonable period of time, is to make all contrary older agreements and all new permits consistent with the suggested regulations. 4320.4 Nonrenewable Permits Nonrenewable permits denote temporary use which carry no preference. Generally, such permits are issued for grazing above the active use preference (for example, during an exceptional for age growth year or for use on a seeding established as a result of a fire rehabilitation program within an interim allotment). 4330 Transfers transferable. A preference is The present regulations as well as the suggested draft proposals require a transferee to be qualified, including ownership or control of land or water base property. Procedures for transfering a preference are proposed to be simplified. An assignment is made by completing the proper notarized form and submitting the document to the authorized officer within 60 days following the date of transfer. See Attachment 1. The transferee certifies that he is a citizen, is a landowner and is engaged in the livestock business; and he assumes responsibility to comply with the terms of the existing Encl. 3-10 permit. It is incumbent upon the transferee to see that these requirements are met. He attests to these facts when he signs the notarized assignment. Upon timely surrender of a properly executed document and review by the authorized officer a new permit will be issued. BLM's responsibility lies in checking the transfer documents submitted to see that they at face value comply with requirements. An operator may have as much base property to which the preference is attached as he desires--this is an individual matter and no inducement to change is being made. At the present time every variation of base property exists and no modifications in these are proposed. If upon transfer a change in land or water base is desired there is the latitude to do this. The base property offered will be recognized as long as it meets the regulatory requirements. 4340 Fees and Bills (a) Fee rates for a fee year will be published as is the present practice. (b) No change in regular fees from the current regulations is proposed; except that (1) a charge will be made for all crossing permits and (2) a supplementary range improvement fee will be charged for use exceeding the preference (see (d) below). (c) Range improvement fee suggested change. The Taylor Grazing Act This increase in range improvement fund is consistent with previous district advisory board recommendations and conservation groups' positions on the need for increases in capital investment in the public lands. These funds are not considered to be "earmarked" in that the appropriation processes of Congress must first take place before funds are actually available. The distribution of fees collected from O&C and LU lands is set by law. Encl. 3-11 (d) This suggested rule provides for an added charge in the form of a As an example, a rancher with a 1,000-AUM preference all of which is active use under an AMP is paying a grazing fee of $1 per AUM. As a result of intensive management the grazing capacity for livestock after other use needs have been met has increased by 300 AUM's. Under the proposed rules, if he should utilize all of the forage available he would be charged $1 per AUM for 1,000 AUM's, and $1.50 per AUM for 300 AUM's. (e) No change in animal age for which fees are charged is proposed. (f) At the end of the grazing season each grazing permittee under a management plan must provide the authorized officer with an accounting of the actual livestock use made on the allotment. The use report is the basis for the bill issued to the operator for that year. Upon receipt of the permittee's actual use report the authorized (g). No change in refund requirements is proposed. (h) A service charge is made for the processing of each assignment requested by the permittee and the issuance of the new permit to the transferee. A service charge is also made for each change in use requested by the permittee which requires the issuance of a revised billing or a new billing pursuant to 4560.1. Encl. 3-12 4500 MANAGEMENT PRACTICES: TERMS AND CONDITIONS OF USE 4510 Livestock Management These Subparts provide the basis for a grazing permit which outlines the kind, class, and number of owned or controlled livestock to be grazed and the time periods of use, consistent with law. Numbers and time are predicated on the environmental considerations and management objectives for the designated grazing area. During emergency situations (drought, fire, disease, etc.) or when the public interest so requires, the authorized officer may make a decision immediately effective. This is consistent with present full force and effect rules. Such action does not bar normal administrative procedures or appeals. This part also provides for long-term modification or cancellation of permits to accommodate other needs, such as for wild horse and burro habitat or big game habitat, when specifically required over and above that obtained under normal management. Such other needs normally are met by providing for the necessary requirements in the livestock grazing system. For example, a grazing system might call for early spring use on a critical winter deer range pasture to reduce grass competition with browse. All livestock run on public land under permit must be controlled by the permittee. "Controlled" means owned livestock or documentary evidence of the permittee's lawful possession and management authority over unowned livestock for a specified period of time. Permittees must comply with local branding requirements and may be requested to special mark their animals when conditions on the public lands so require. As with the current regulations, compliance with State livestock provisions is mandatory under the suggested rules as being in the public interest and for the protection of other livestock operators. 4520 Intensive Grazing Management This part sets out policy and criteria for the application of intensive management of livestock grazing areas. The purpose is to serve as public notice of what will constitute an AMP in connection with the issuance of management permits. Designation of an area capable of being managed as a unit, agreement to a plan of management for the allotment, and Encl. 3-13 |