The 2009 Grazing Fee, Surcharge Rates, and Penalty for Unauthorized Grazing Use

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240

March 12, 2009

In Reply Refer To:
4130 (220) P

EMS TRANSMISSION 03/18/2009
Instruction Memorandum No. 2009-092
Expires: 09/30/2010

To: All Field Officials

From: Assistant Director, Renewable Resources and Planning

Subject: The 2009 Grazing Fee, Surcharge Rates, and Penalty for Unauthorized
Grazing Use

Program Area: Livestock Grazing Administration

Purpose: This Instruction Memorandum transmits the grazing fee charged for grazing use on public lands for grazing fee year 2009.

Policy /Action: 2009 Grazing Fee
The fee for livestock grazing on lands administered by the Bureau of Land Management (BLM) during the 2009 grazing fee year (March 1, 2009 through February 28, 2010) is $1.35 per animal unit month (AUM).

Surcharge for Authorized Grazing
In accordance with 43 CFR 4130.8-1(f), the BLM adds a surcharge to the grazing fee bill for authorized grazing of livestock owned by persons other than the permittee or lessee except as provided by 43 CFR 4130.7(f). 43 CFR 4130.7(d) specifies the requirements that apply to pasturing agreements. When pasturing agreements are in effect, the BLM adds the surcharge to the permittee’s or lessee’s grazing fee billing based on the number of AUM’s being billed. The surcharge must be paid before grazing use begins, except where "after the grazing season" billing occurs under the terms of an approved allotment management plan or other activity plan intended to serve as a functional equivalent.

Table 1 lists the grazing fee surcharge rates in effect for the 2009 grazing fee year. They vary by state and equal 35 percent of the difference between the 2009 grazing fee and the 2008 private land lease rate for the state where the pasturing agreement occurs. Surcharge rates are calculated automatically by the BLM’s Rangeland Administration System (RAS) and the appropriate geographic state rate(s) are assessed based on the geographic state distribution entered in RAS.

Table 1: 2009 Surcharge Rates

State
$/AUM
State
$/AUM
State
$/AUM
State
$/AUM
AZ
2.50
CA
5.76
CO
4.60
ID
3.94
KS
4.43
MT
5.86
NE
8.28
NV
4.25
NM
3.38
ND
5.06
OK
2.68
OR
4.43
SD
7.12
UT
4.08
WA
3.55
WY
5.02
Penalty for Unauthorized Grazing Use

The value of forage consumed for unauthorized grazing is the average private grazing land lease rate per AUM for the state where the unauthorized grazing occurs. The National Agricultural Statistics Service publishes the state rates annually in January.

In cases where the BLM has approved a permittee or lessee taking control of livestock they do not own to be grazed under its permit or lease pursuant to a pasturing agreement under 43 CFR 4130.7(d), and those livestock make unauthorized use of public forage, the regular nonwillful and willful penalty amounts apply.

Where unauthorized grazing occurs in an allotment located in multiple states, RAS automatically calculates the value of forage consumed by calculating the AUM's that were grazed in each state and applying the applicable state unauthorized use rate to that amount.

Nonwillful Unauthorized Grazing Use: The value of forage consumed rates that the BLM will use for nonwillful unauthorized grazing during the 2009 grazing fee year are listed in Table 2.
Table 2: 2009 Rates for Nonwillful Unauthorized Grazing Use

(Average private grazing land lease rate per AUM by state)

State
$/AUM
State
$/AUM
State
$/AUM
State
$/AUM
AZ
8.50
CA
17.80
CO
14.50
ID
12.60
KS
14.00
MT
18.10
NE
25.00
NV
13.50
NM
11.00
ND
15.80
OK
9.00
OR
14.00
SD
21.70
UT
13.00
WA
11.50
WY
15.70
Under 43 CFR 4150.3(a), the BLM may approve nonmonetary settlement of nonwillful unauthorized use violations if BLM determines that the unauthorized use occurred through no fault of the livestock operator, the forage use is insignificant, the public lands have not been damaged, and that nonmonetary settlement is in the best interest of the United States.

Willful Unauthorized Grazing Use: As per 43 CFR 4150.3(b), the rates BLM uses for the value of forage consumed for willful unauthorized use is twice the nonwillful rate as shown in Table 2.

Repeated Willful Unauthorized Grazing Use: As per 43 CFR 4150.3(c), the rate BLM uses for the value of forage consumed is three times the nonwillful rate as shown in Table 2.

43 CFR 4150.3 requires that settlement for willful and repeated willful violations include the value of the forage consumed, the value for damages to the public lands and other property of the United States, and all reasonable expenses in detecting, investigating, and resolving violations, including livestock impoundment costs. The BLM determines the latter two amounts on a case - by – case basis.

Penalty for Unauthorized Leasing or Subleasing Violations

Any person found to have violated the subleasing prohibition under 43 CFR 4140.1(a)(6) shall be required under 43 CFR 4170.1-1(d) to pay twice the value of the forage consumed rates for the respective state where the violation occurred as listed in Table 2 and are subject to other appropriate penalties under these regulations.

Timeframe: This policy is effective on March 1, 2009.

Budget Impact: No additional costs or savings result from implementing this policy.

Background: Livestock grazing fees are calculated annually and administered in accordance with 43 CFR 4130.8.

Coordination: The United States Department of Agriculture, National Agricultural Statistics Service collects the data to support the grazing fees and related computations. The BLM’s Division of Science Applications, National Operations Center enters the fee and related charges into RAS.

Contact: If you have any questions regarding these matters, please contact Ken Visser (WO 220) at (775) 861-6492 Leon Pack (ST 170) at (303) 236-0156, or Philip Cooley (ST 170) at (303) 236-3693.

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