The Bureau of Land Management is taking the initial steps to overhaul grazing regulations on public lands, a flashpoint issue that fueled the Sagebrush Rebellion of the 1970s and the 2016 standoff at Oregon’s Malheur National Wildlife Refuge.
The BLM is beginning a “scoping” process that will help shape the new regulations, according to a notice scheduled to be published in the Federal Register on Jan. 21.
The grazing regulations apply to an area nearly the size of Texas, or about 155 million acres of federal land across the lower 48 states, mainly in the West. Grazing influences the politics of public lands management and the land’s ability to withstand climate change.
Cattle eat grass and other plants while trampling soils that support wildlife on federal lands. Grazing also affects the spread of invasive plant species and rangeland wildfire, and it has effects on sage-grouse habitat, water use, water quality, biological diversity, and ecosystem resiliency in the face of climate change, according to scientific research from Oregon State University, the Environmental Protection Agency and other agencies.
Modernizing Grazing Rules
The BLM in its Federal Register notice said it is overhauling the regulations in part to “modernize” them, improve grazing permitting efficiency, and comply with a 2014 federal law that exempts some grazing permits and leases from environmental review under the National Environmental Policy Act. The agency said it will also include 2016 Government Accountability Office recommendations to prevent unauthorized grazing on federal lands.
A 2016 GAO report issued after the Malheur standoff recommended that the federal government keep records of all incidents of unauthorized grazing on federal land, update penalties for violations, and revise grazing regulations to reflect the best ways that federal agencies can resolve conflicts between the BLM and ranchers who let their livestock roam on federal lands without a permit.
Among the flashpoints for the Malheur standoff was tension between the BLM and ranchers who had been illegally grazing their cattle on federal lands. Similar tensions triggered the 1970s Sagebrush Rebellion, in which ranchers protested BLM grazing policy and federal ownership of public lands in the West.
The BLM’s acting director, William Perry Pendley, has been a champion of sagebrush rebels for decades. His Twitter handle is @Sagebrush_Rebel, and he advocated for grazers’ rights as president of the Mountain States Legal Foundation, which represents ranchers in cases against the BLM. The bureau declined to answer questions about the overhaul Friday, providing a press release instead.
“This rulemaking effort is designed to strengthen and improve our administration of grazing permits across the West, and we welcome public and stakeholder ideas and perspectives,” Casey B. Hammond, acting assistant Interior secretary of land and minerals management, said in the statement.
Cutting Out Public Input?
“Changes to the regulations are a big deal for the West,” said Greta Anderson, deputy director for the Western Watersheds Project, which launched a court challenge to George W. Bush administration efforts to relax compliance requirements for grazing regulation. Anderson said she worries the language of the BLM’s announcement suggests the agency may reduce standards for land health.
The announcement says BLM will “explore ways to use livestock grazing to reduce wildfire risk and improve rangeland health,” but Anderson said there is little scientific evidence that shows grazing can accomplish that. She also said she worries BLM may reduce opportunities for public involvement in grazing decisions. The BLM’s announcement says the agency seeks to ensure “adequate” public participation “without unduly burdening administrative processes.”
“Ranchers are going to have more of a free pass to do what they want, and the opportunity for the public to push back on their narrow interests will be limited,” Anderson said, based on the text of the notice.
‘Good Regulations and Good Processes’
Mary Jo Rugwell, who retired last year as director of the BLM in Wyoming, said the BLM’s existing grazing regulations work well if the bureau enforces them. “We have good regulations and good processes,” she said. “My concern is that this is an effort to loosen the regulations in a way that might not be good for the public lands.” The BLM hasn’t released a timeline for completing its overhaul of the grazing regulations.
Bob Abbey, who served as BLM director in the Obama administration, said grazing regulations need to be updated to account for various court rulings and changes in federal law. “I am supportive of new language that provides the agency with greater flexibility within grazing permits to allow for changes in range conditions and improving efficiencies in the permitting processes, as long as there is continued emphasis on land health,” Abbey said.
A public comment period on the grazing regulations overhaul ends on March 6 following four public meetings in February. Those meetings will be in small, relatively isolated Western cities: Miles City, Mont.; Las Cruces, N.M.; Elko, Nev.; and Casper, Wyo.
"It really at a fundamental level provides some stability for the grazing industry by assuring that our permits will be renewed in a timely fashion," said Jim Magagna, executive director of the Wyoming Stock Growers Association.The legislation allows agencies to approve permits in the face of environmental lawsuits against permit renewals.
U.S. Bureau of Land Management officials reported a permitting backlog of more than 5,600 permits nationwide in September. At the time, Congress was required to renew these permits annually.
"The agencies didn't have the resources to meet that requirement, (which) basically put people in a position where they couldn't get their permits renewed in a timely manner," Magagna said. "In some cases, they couldn't graze their livestock for extended periods of time."
Under current law, permitting is subject to environmental analysis prior to renewal of a permit. The new legislation allows federal agencies to approve permits without requiring environmental analysis. Agency range managers will still conduct environmental reviews at their discretion. Magagna said the new law focuses range management on the health of allotments.
"Environmental analysis has been tied to permit renewal, and really that analysis isn't about the permit. It's about the actual range condition," he said. Sen. John Barrasso, the author of the bill, said it will provide added protections for Wyoming ranchers seeking consistency in their operations.
"For too long, our ranching families have been the target of anti-grazing litigation that puts their grazing permits in jeopardy,” Barrasso said.
The legislation passed as part of the National Defense Authorization Act.
Source: Billings Gazette, by Trevor Graff
Wyoming public lands grazers could see shorter permitting times after Congress passed a bill seeking to streamline grazing permit renewals. The Grazing Improvement Act, approved last week, allows the U.S. Bureau of Land Management and U.S. Forest Service to speed the renewal of the agency's 10-year grazing permits.
A federal appeals court yesterday denied a bid by wild horse advocates to block the Bureau of Land Management's removal of roughly 800 wild horses from a checkerboard of public and private rangelands in southwest Wyoming in a win for ranchers and the state government.
The decision by the 10th U.S. Circuit Court of Appeals is the latest in a long-running battle between ranchers and mustang advocates over how to contain hundreds of wild horses that have strayed onto private lands owned by the Rock Springs Grazing Association.
The 2-million-acre checkerboard was created in 1862 when Congress awarded the Union Pacific Railroad Co. odd-numbered tracts of public lands along a railbed right of way as the company completed a transcontinental railroad. Much of the private lands are now owned by the grazing association.
BLM plans to begin rounding up horses Sunday or Monday from checkerboard lands within the Great Divide Basin, Adobe Town and Salt Wells Creek herd management areas, as required under a March 2013 settlement it signed with the grazing association.
Under the 1971 Wild Free-Roaming Horses and Burros Act, BLM must remove wild horses that stray onto private lands.
Horses will be removed from the roughly 1.2 million acres of the herd management areas that fall within the checkerboard, out of total HMA areas of about 2.4 million acres. Removed horses will be offered for adoption or held in long-term pastures, said BLM's Rock Springs Field Office Manager Kimberlee Foster.
Wyoming Gov. Matt Mead (R) yesterday cheered the court's ruling, arguing that removing horses would protect ranchers and the native elk, deer and pronghorn that roam alongside the horses. [Click Here to read Governor Mead's Press Release]
"Wyoming is not against wild horses on public lands, but they must be managed appropriately," Mead said in a statement.
But wild horse advocates claimed BLM has flouted its legal mandate to protect wild mustangs. Plaintiffs trying to block the roundup included the American Wild Horse Preservation Campaign (AWHPC), the Cloud Foundation, Return to Freedom, and wild horse photographers Carol Walker and Kimerlee Curyl.
"This ruling allows BLM to blatantly violate multiple federal laws and essentially turns over our public lands to private livestock interests," said Suzanne Roy, director of AWHPC. "It sets a terrible precedent not only for wild horses but also for the responsible management of our public lands by elevating commercial livestock interests over the public interest and federal law."
While both the U.S. District Court for the District of Wyoming and the 10th Circuit denied emergency motions to stop the roundup, the case will still proceed to the merits after the operation, the groups said. A key issue in the case was what section of the wild horse act BLM should apply in pursuing the roundup.
BLM claimed that Section 4 requires the agency to swiftly remove horses that stray onto private lands when requested by a landowner. BLM authorized the removal under a categorical exclusion, bypassing a lengthier National Environmental Policy Act review. But wild horse advocates say BLM should have followed Section 3 of the act, which allows horses to be removed in order to maintain "a thriving natural ecological balance" with other wildlife. They also argued BLM needed to perform a full NEPA review.
But the district court noted that without fences, it is all but impossible for BLM to keep horses from wandering onto private lands in the checkerboard without intensive management. "All parties agree that the ownership pattern of the checkerboard makes it impossible to manage either the public lands or the private lands independently of the other," the court said this summer.
The 1971 law requires BLM to both protect wild horses and contain them to where they roamed in 1971. But that mandate has proved challenging as wild horse herds can double in size every four years, and removing them has been both a fiscal and political burden for BLM.
For more than three decades, the Rock Springs Grazing Association had agreed to allow up to 500 wild horses to roam free among herds of cattle it grazes on the checkerboard. But as numbers swelled into the thousands, the horses degraded the rangelands and left less forage and water for cattle and big game.
The grazing association, the nation's largest, sued BLM in July 2011, claiming the agency had failed to hold up its end of the agreement.
Source: Greenwire, by Phil Taylor
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