Grazing Regulations: Changes by the Bureau of Land Management

Publication Date: March 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

Type:

Abstract:

The Bureau of Land Management (BLM) issued changes to grazing regulations (43 C.F.R. Part 4100) on August 11, 2006, after a three year review. Some portions of the regulations have been enjoined. The previous major revision of grazing rules, which took effect in 1995, was highly controversial. The 2006 changes addressed many of the same issues, and received mixed reviews. BLM asserted that the 2006 changes were needed to increase flexibility for grazing managers and permittees, to improve rangeland management and grazing permit administration, to promote conservation, and to comply with court decisions. Critics contend that a need for change was not justified and that changes adopted removed important environmental protections and opportunities for public comment.

Under the 2006 changes, the BLM and a permittee could share title to structural range improvements, such as a fence. Permittees could acquire water rights for grazing, consistent with state law. The occasions on which BLM would be required to get input from the public on grazing decisions were reduced. The administrative appeals process on grazing decisions was modified and the extent to which grazing could continue in the face of an appeal or stay of a decision was delineated. The definition of grazing preference was broadened to include a quantitative meaning -- forage on public land. Changes were made to the timeframe and procedures for changing grazing management after a determination that grazing is a significant factor in failing to achieve rangeland health standards. The three-year limit on temporary nonuse of a permit was removed, and permittees are able to apply for nonuse of a permit for up to one year at a time. Conservation use grazing permits were eliminated. Changes that have been enjoined relate primarily to public participation, sharing title to range improvements, and fundamentals of rangeland health. BLM also considered, but did not propose, certain changes due to adverse public reaction or other considerations.

On June 17, 2005, BLM had issued a final environmental impact statement (FEIS) analyzing the potential impact of proposed changes in the regulations, an alternative, and the status quo. On March 31, 2006, BLM published an addendum to the FEIS addressing public comment received after the closing date of March 2, 2004, primarily from the Fish and Wildlife Service. Final regulatory changes took effect August 11, 2006.

BLM also considered, but did not make, changes to its grazing policies, which the agency had believed could be carried out under existing rules. Potential changes that were examined included the establishment of reserve common allotments to serve as backup forage when permittees' regular allotments are unavailable; conservation partnerships between the BLM and permittees whereby permittees work to improve environmental health in return for certain benefits; voluntary allotment restructuring to allow multiple permittees to merge allotments; conservation easement acquisition to preserve open space; and landscape habitat improvement to promote species conservation and facilitate consultations under the Endangered Species Act.