April 20, 2009
In Reply Refer To:
4100 (200) P 
Instruction Memorandum No. 2009-109
Expires: 09/30/2010
To:                   All Field Officials except Alaska and Eastern States
From:               Assistant Director, Renewable Resources and Planning
Subject:           Idaho District Court Order and Judgment Enjoins Grazing Regulations
Program Area:  Grazing Administration – Exclusive of Alaska
Purpose:  This Instruction Memorandum (IM) instructs the field to not implement any changes to the grazing regulations (43 CFR Part 4100) that were promulgated on July 12, 2006.
Background:   IM 2007-004, “Grazing Regulations Status” (October 10, 2006), and IM 2007-137, “Idaho District Court Order Enjoins Grazing Regulations” (June 15, 2007) provide additional background. Those IMs described the lawsuits filed in Idaho Federal District Court which challenged the legality of the grazing regulation changes promulgated on July 12, 2006. They instructed field offices not to implement the changes in accordance with the Court’s orders.  IM 2007-004 also transmitted grazing regulations that reflected the Court’s orders.  
On June 8, 2007 the Court issued a Memorandum Decision and Order that decided in favor of the plaintiffs.  The Court ordered “that the BLM regulations set forth in the Federal Register of July 12, 2006, 43 CFR Part 4100 et. seq., are ENJOINED in all respects.”  The Court entered final judgment with the same injunction on February 28, 2008. The U.S. Department of Justice has decided not to appeal the judgment. Any future changes to the grazing regulations as of 2005 will be pursued in a new rulemaking proceeding. 
Policy/Action:  The BLM will not implement any of the regulatory changes published on July 12, 2006.  Attached for your use is a copy of the grazing regulations as they existed before they were changed by the July 12, 2006 rulemaking.  Field offices should use this set of grazing regulations, with the exception of the regulatory provisions regarding “conservation use” permits.  The conservation use provisions were set aside and enjoined by the Wyoming District Court in 1996 and shall not be used.
To be consistent with the Idaho Court Ruling, changes to the service charges were made in the automated billing system (Rangeland Administration System (RAS)). Field offices will not need to modify billing processes.
Timeframe:  Effective immediately.
Budget Impact:  Implementation of this Instruction Memorandum will generally have no budgetary impacts since many of the amended regulations have never been implemented. However, as a result of the June 8, 2007 Court Order and February 28, 2008 Judgment any anticipated budgetary benefits of the amended regulations, e.g., revenue generated by service charges, will not occur.
Manual/Handbook Sections Affected:  No manuals or handbooks are affected.
Coordination:  The IM has been coordinated with the Solicitor’s Office.
Contact:  Rob Roudabush, Chief, Division of Rangeland Resources, (202) 785-6569.
Signed by:                                                                   Authenticated by:
Edward L. Roberson                                                    Robert M. Williams
Assistant Director                                                        Division of IRM Governance,WO-560
Renewable Resources and Planning
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