Grazing permit mediation in the state of Idaho is an ever-growing process as more and more producers have questions about their grazing permits, how they are being changed and the enforcement of requirements by the Bureau of Land Management (BLM) through the U.S. Forest Service (USFS).

Jack Hebner
Executive Director / Fulcrum Dispute Resolution Clinic

What is a grazing permit?

In simple terms, a grazing permit is required to raise commercial livestock on land that is under the management of BLM or the USDA and USFS. There are three types of grazing permits:

Term grazing permits are issued for up to 10 years and are the most common type of permit issued to livestock producers throughout the West. Eligibility and qualification requirements apply.

Temporary grazing permits are generally issued for a short period of time in response to special circumstances. These permits are issued based on the needs of the USFS and are not available upon request of the general public.

Livestock use permits are issued for incidental grazing use and are not intended to authorize commercial livestock production on national forest lands.

Advertisement

Key facts

  • The BLM manages 1 out of every 10 acres of land in the U.S.
  • The USFS manages approximately 193 million acres in 44 states and U.S. territories.
  • Nearly 6,000 permits are administered by the USFS in the western U.S.
  • The grazing fee is calculated based on data collected annually by the USDA National Agricultural Statistical Service, including the annual change in beef cattle prices, leasing rates on private land and the cost of livestock production.
  • Permit holders receive annual notification on permit details including grazing season time periods and a base fee per animal unit month (AUM) per permit.

Eligibility and qualifications

  • An individual requesting a grazing permit must be a citizen of the U.S. or a non-citizen who has demonstrated an intent to become a citizen.
  • The applicant must be a legal entity with U.S. citizens owning at least 80% of the capital stock.
  • Applicants must be of legal age in the state of residence.
  • An applicant must own the base property and livestock to qualify for a term grazing permit.

Acquisition of a term grazing permit

The most common way the base property ownership requirement is met is through the purchase of existing base property that is recognized under an existing term grazing permit. Occasionally, however, individuals or businesses may become owners of base property through inheritance, foreclosures or through other less-common means.

Without purchasing or acquiring existing base property, the only other way of acquiring a new term grazing permit is to purchase permitted livestock and provide a parcel of land that meets base property requirements, and then complete the application process. In either case, the current holder of the term grazing permit who sold either base property or permitted livestock must waive their permit to USFS in favor of the purchaser/applicant.

Potential mediation issues

The following questions are merely a sampling of potential mediation issues in grazing cases. Usually, the mediation is requested by the base landowner. However, in some cases where there are ongoing issues between the producer and the USFS, governmental officials will request mediation to reflect a calmer annual meeting to discuss grazing permit requirements.

  • How did the applicant acquire the base property?
  • How many cattle may be on the land?
  • What are the exact dates allowed for grazing under the permit?
  • What upgrades should be made to the land to provide the proper environment for the cattle?
  • Can the USFS and the livestock owner work together for the benefit of all parties?
  • Is there an adverse determination against the holder of the grazing permit?

Real-life Idaho situation

Billie and Betty Lou Jones are 95 years of age. They have three sons who all help them work over 250 head of cattle. The family has had grazing permits since the early 1970s allowing them to have three different fields grazed throughout the summer, with each field housing 173 cattle at different times between May 28 and Sept. 11. The number of cattle is down from last year, and the dates on each field have been changed through the summer months. Additionally, the USFS is asking in the “annual notice and meeting requirement” for the Jones family to replace three existing watering areas and to upgrade an access road that is developed and maintained by the Jones family. One of the existing watering areas was supposed to have been replaced last year under terms of the grazing permit, but the family never got around to it.

Mediation was called for by the USFS because a year ago, the elderly father figure screamed at hearing officials over the grazing permit. He said the USFS was trying to destroy his livelihood, make sure his children had no access to public lands, and that this whole process was ridiculous because he had had this grazing permit for 50 years and no one ever took these things seriously and made him do the type of things the USFS was now requesting. He definitely wasn’t interested in anyone from the federal government checking up on his operation. There were three grazing permits in question. The mediators met with the USFS representatives, Mr. and Mrs. Jones, and their sons in two half-day sessions.

The result

The parties were originally skeptical of the mediation process. In fact, there had been earlier name-calling of all USFS personnel, and there was a tremendous amount of distrust of governmental agencies, procedures and conversations with “government bureaucrats.” The actual process followed is one dictated through the USDA-certified state program. In this case, the exact outcome was that all three permits were granted for the summer, there were slight changes in occupancy dates for the grazing permits, the number of cattle was reaffirmed and a three-year plan was developed for certain changes to the land allowing for environmental improvements for the cattle throughout the summer.

Following the mediation, all documents were signed, and the summer period was completed with no ongoing consequences. During the year, there were a small number of on-site visits without incident. The parties established a working relationship so that in the following year, mediators were not needed during the annual review process.

Summary

Mediation of grazing permit cases is a relatively new utilization of the mediation process provided by the USDA farm bill. Its utilization can be and should be one that provides non-adversarial solutions to key issues between the USFS and livestock producers in Idaho for the mutual benefit of both.

Note: Next month I’ll address adverse determination letters. Questions about this article (or any mediation-related question) may be directed to the Idaho Mediation Program Administrator, Gayle Cooper, at (208) 667-5325.