Application Process for Livestock Grazing Permit/Lease Renewal

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
July 30, 2008

In Reply Refer To:
4130 (220) P

EMS TRANSMISSION 08/06/2008
Instruction Memorandum No. 2008-165
Expires: 09/30/2009

To: All SD's (except AK and ESO)

From: Assistant Director, Renewable Resources and Planning
Subject: Application Process for Livestock Grazing Permit/Lease Renewal

Program Area: Grazing Administration - Applications for Permit Renewal

Purpose/Background: For fiscal years (FY) 2004 – 2008 Congress has provided temporary authority to the Bureau of Land Management (BLM) to renew grazing permits/leases before completing the associated procedural requirements under the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). See section 325 of P.L. 108-108. If that authority does not continue, another Congressional provision the Administrative Procedure Act (APA), can serve to prevent expiration of grazing permits/leases that would otherwise expire in fiscal year 2009 and that the BLM is unable to timely process for renewal. Under the APA, if a licensee applies to renew a license for “an activity of a continuing nature,” then that license “does not expire until the application has been finally determined by the agency.” 5 U.S.C. § 558(c). A renewal application however, must be sufficient and timely. The sufficiency of an application will be determined by the regulations at 43 CFR Part 4100, and in particular, at 43 CFR 4110.1(d) and 4130.1-1. The timeliness of an application is discussed below.

This Instruction Memorandum (IM) describes how, under the APA, a 10-year grazing permit/lease due to expire in fiscal year 2009 will avoid expiration while the BLM processes an application for its renewal.

Policy/Action: This policy applies only to the renewal of existing permits and leases. It does not apply to new permit applications or permit/lease transfers.

Permittees/lessees must file a timely and sufficient "Application for Grazing Permit/Lease Renewal" with the authorized officer prior to the expiration date of their permits or leases. Renewal applications are available from the Rangeland Administration System (RAS). Each field office should send a cover letter and renewal application to permittees/lessees within the field office’s jurisdiction according to the following time frame:
For permittees/lessees whose permit or lease expires in the first quarter of fiscal year (FY) 2009 (October 1, 2008 – December 31, 2008), a letter and application should be sent by the 15th of August, 2008.
If the current Congressional language in P.L. 108-108 is not extended by October 15, 2008, field offices should send letters and applications to the remaining permittees/lessees whose permits or leases will expire during the remainder of FY 2009 (January 1, 2009 – September 30, 2009).

A sample cover letter is attached.

Time Frame: This IM is effective upon receipt. All States will implement these procedures as provided for permits/leases expiring October 1, 2008- September 30, 2009.

Budget Impact: The effect on the budget of this IM is negligible. The BLM’s workload will increase as a result of using the APA provision instead of the Congressional rider.

Manual/Handbook Sections Affected: Handbook H-4130-Grazing Administration is affected by this policy.

Coordination: The draft policy has been discussed with the rangeland program leads in each state, as well as the National Operations Center (NOC).

Contact: If you have any questions regarding this policy, please contact Rob Roudabush (202) 785-6569 or Doug Powell (202) 785-6573, Rangeland Resources Division. If you need help with printing applications from RAS please contact Phil Cooley (303) 236-3693 or Leon Pack (303) 236-0156

Signed by: Authenticated by:
Edwin L. Roberson Robert M. Williams
Assistant Director Division of IRM Governance,WO-560
Renewable Resources and Planning

1 Attachment
1 - Example Instruction Letter (1 p)