U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
 
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UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
August 2, 2010
In Reply Refer To:
4130 (220) P
 
EMS TRANSMISSION 08/10/2010

Instruction Memorandum No. 2010-172
Expires:  09/30/2011

To:                   All State Directors (except AK and ESO)

From:               Edwin L. Roberson, Assistant Director Renewable Resources and Planning

Subject:           Application Process for Livestock Grazing Permit/Lease Renewal

Program Area:  Grazing Administration – Applications for Permit/Lease Renewal.

Purpose: For fiscal years (FY) 2004 – 2010 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). In the event the BLM is unable to complete the permit/lease renewal process before the current permit/lease expires and Congressional language is not reauthorized by October 15, 2010, grazing use will be authorized to continue in accordance with the Administrative Procedure Act (APA). This Instruction Memorandum (IM) describes what is necessary under the APA to allow a grazing permit/lease that is scheduled to expire after FY 2010 to continue in effect 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 applications for a permit/lease resulting from base property transfers or transfers of preference.

Permittees/lessees must file a timely and sufficient “Application for Grazing Permit/Lease Renewal” form 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 (a sample is attached) and a 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 the fiscal year, a letter and application should be sent by the 15th of August of the preceding FY (August 15, 2010).

If Congressional language is not provided by October 15, 2010, field offices should send letters and applications to the remaining permittees/lessees whose permits or leases will expire during the remainder of FY 2011 (January 1, 2011 – September 30, 2011).

Timeframe:  This IM is effective upon receipt.  All states will implement these procedures as provided for permits/leases expiring between October 1, 2010 and the expiration of this IM.

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

Background: For fiscal years (FY) 2004 – 2010 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 Public Law 108-108; Section 426 of Public Law 111-8, and Section 416, Public Law 111-88.  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 after the end of FY 2010 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 in the policy section above.

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
202-912-7222, or Dick Mayberry 202-912-7229, 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
 
 
 
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Last updated: 08-10-2010