Grazing research seeks partners
- Details
- Last Updated on Monday, 14 May 2012 11:53
- Written by Christy Martinez
RE: Crossing and Trailing of Livestock on BLM Managed Lands
Dear Secretary Salazar,
The Public Lands Council, National Cattlemen’s Beef Association, American Sheep Industry Association, Association of National Grasslands and our state affiliates, listed below, would like to express our concerns regarding the time-sensitive issue of crossing and trailing of livestock on Bureau of Land Management (BLM) managed lands. We strongly believe the action of crossing and trailing livestock across federal lands, necessary in order to carry out our industry’s regular business activities and remain in compliance with the terms and conditions of existing livestock grazing permits, should be treated by BLM as an administrative action. The active crossing and trailing of livestock has de minimis impact on the range and should not be subject to National Environmental Policy Act (NEPA) analysis. Because permittees will soon be turning livestock out on their allotments for the season, we appreciate your expeditious response to this matter, which has the potential to severely impact their normal business operations and the resources.
Through passage of the Consolidated Appropriations Act of 2012 (Public Law 112-74), Congress gave clear and specific discretion to the BLM on how to administrate the crossing and trailing of livestock on public lands. Section 123 states specifically, “the Bureau of Land Management may, at its sole discretion, review planning and implementation decisions regarding the trailing of livestock across public lands, including, but not limited to, issuance of crossing or trailing authorizations or permits, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)”. Further the language states, “Temporary trailing or crossing authorizations across public lands shall not be subject to protest and/or appeal under subpart E of Part 4 of Title 43, Code of Federal Regulations, and subpart 4160 of part 4100 of such title.”
Additionally, Section 415 extends section 325 of Public Law 108-108 (117 stat. 1307) through fiscal year 2013. Section 325 provides the process for authorizing grazing until a permit or lease is issued in compliance with all applicable law and regulatory processes.
We believe the language provided in the Consolidated Appropriations Act (Sec. 123 & Sec. 415) provides sufficient authority and discretion for the BLM to issue crossing or trailing authorizations without NEPA analysis. The management of our public lands should not be dictated by the threat of litigation by radical special interest groups which have the singular goal of ending all livestock grazing on public lands.We are concerned with the conflicting demands placed on our members. On the one hand, terms and conditions of grazing permits require them to turn out and remove livestock on specific dates to avoid noncompliance with their permits. At the same time, the BLM is proposing to perform in-depth environmental analysis that will likely delay or even deny our members’ ability to trail livestock across BLM lands—thereby making compliance with permit terms nearly impossible. We believe that BLM’s analysis of this action under NEPA is redundant, unnecessary, and not intended by Congress. Requiring NEPA analysis, a burden we view as self-imposed by BLM, has left our members in a state of uncertainty which diminishes stability for our industry and negatively impacts rural economies and jobs across the west.
We request that clear direction and guidance be communicated to the field offices to provide staff with the direction to issue trailing and crossing authorizations without going through the arduous and unnecessary process of NEPA analysis. We look forward to your timely response.
Sincerely,
Public Lands Council National Cattlemen’s Beef Association American Sheep Industry Association Association of National Grasslands
Arizona Cattle Growers’ Association California Cattlemen’s Association Colorado Cattlemen’s Association Idaho Cattle Association
Idaho Wool Growers Association Montana Association of State Grazing Districts Montana Public Lands Council Montana Stockgrowers Association Nevada Cattlemen’s Association Nevada State Grazing Boards New Mexico Cattle Growers’ Association New Mexico Wool Growers, Inc. North Dakota Stockmen’s Association Oregon Cattlemen’s Association South Dakota Cattlemen’s Association Utah Cattlemen’s Association Washington Cattlemen’s Association Wyoming Stock Growers Association





