(a) The Chief, Forest Service, is authorized to cancel, modify, or suspend grazing and livestock use permits in whole or in part as follows:
(1) Cancel permits where lands grazed under the permit are to be devoted to another public purpose including disposal. In these cases, except in an emergency, no permit shall be cancelled without two years' prior notification.
(2) Cancel the permit in the event the permittee:
(i) Refuses to accept modification of the terms and conditions of an existing permit.
(ii) Refuses or fails to comply with eligibility or qualification requirements.
(iii) Waives his permit back to the United States.
(iv) Fails to restock the allotted range after full extent of approved personal convenience non-use has been exhausted.
(v) Fails to pay grazing fees within established time limits.
(3) Cancel or suspend the permit if the permittee fails to pay grazing fees within established time limit.
(4) Cancel or suspend the permit if the permittee does not comply with provisions and requirements in the grazing permit or the regulations of the Secretary of Agriculture on which the permit is based.
(5) Cancel or suspend the permit if the permittee knowingly and willfully makes a false statement or representation in the grazing application or amendments thereto.
(6) Cancel or suspend the permit if the permit holder is convicted for failing to comply with Federal laws or regulations or State laws relating to protection of air, water, soil and vegetation, fish and wildlife, and other environmental values when exercising the grazing use authorized by the permit.
(7) Modify the terms and conditions of a permit to conform to current situations brought about by changes in law, regulation, executive order, development or revision of an allotment management plan, or other management needs.
(8) Modify the seasons of use, numbers, kind, and class of livestock allowed or the allotment to be used under the permit, because of resource condition, or permittee request. One year's notice will be given of such modification, except in cases of emergency.
(b) Association permits or grazing agreements may be canceled for noncompliance with title VI of the Civil Rights Act of 1964 and Department of Agriculture regulation promulgated thereunder.
[42 FR 56732, Oct. 28, 1977, as amended at 46 FR 42449, Aug. 21, 1981]
Notes of Decisions
Fence Creek Cattle Co. v. United States Forest Serv., 602 F.3d 1125 (9th Cir. 2010).
· cites it 5× “A Fence Creek relies on a federal regulation, 36 C.F.R. § 222.4 (a)(5), to support its argument that the Forest Service must make a factual finding that Fence Creek acted “knowingly and willfully” before it may exercise the authority to cancel the two allotments.”
Oregon Nat. Desert Ass'n v. United States Forest Serv., 465 F.3d 977 (9th Cir. 2006).
· cites it 2× “See also 36 C.F.R. § 222.4 (a)(4) (authorizing Forest Service to cancel or suspend grazing permit if permittee does not comply with provisions and requirements of permit or governing regula- tions).”
McKeen v. United States Forest Serv., 615 F.3d 1244 (10th Cir. 2010).
· cites it 2× “” Accord 36 C.F.R. § 222.4 (a)(4). Section 558(c) of the APA generally requires, however, that before such a cancellation or suspension may take place, the permittee be given notice of his or her noncompliance and an opportunity to cure.”
Hubbard v. Brown, 785 P.2d 1183 (Cal. 1990).
· cites it 2× “§ 580 l ; Permit, Part 2, § 8(b); and 36 C.F.R. §§ 222.4 (a)(1), (6). None of these sources supports their assertion of a property interest in the permits.”
McKinley v. United States, 828 F. Supp. 888 (D.N.M. 1993).
· cites it 2× “36 C.F.R. § 222.4 . He contends that because he did not request a modification and because the Barranca allotment is in a stable or upward condition, the decision was not in accordance with the provisions of 36 C.”
United States v. Gardner, 903 F. Supp. 1394 (D. Nev. 1995).
· cites it 2× “” 36 C.F.R. § 222.4 (a)(7). 17. In addition, the regulations provide, among other things, that the Forest Service may cancel or suspend, in whole or in part, any grazing permits “if the permittee does not comply with provisions and requirements in the grazing permit or the…”
Oregon Nat. Desert Ass'n v. Sabo, 854 F. Supp. 2d 889 (D. Or. 2012).
“36 C.F.R. § 222.4 ; 43 U.S.C. § 1752 . An AMP is an allotment-specific planning document that: (1) prescribes the manner in, and extent to which, grazing operations will be conducted in order to meet multiple-use and other goals and objectives; (2) describes any range…”
Guardians v. United States Forest Serv., 778 F. Supp. 2d 1143 (D.N.M. 2011).
“§ 1752 (a) (recognizing that the USFS has the authority “to cancel, suspend, or modify a grazing permit or lease, in whole or in part, pursuant to the terms and conditions thereof’); 36 C.F.R. § 222.4 (a) (stating that the USFS “is authorized to cancel, modify, or suspend…”
Swim v. Bergland, 696 F.2d 712 (9th Cir. 1983).
“36 C.F.R. § 222.4 provides in part: (а) The Chief, Forest Service, is authorized to cancel, modify, or suspend grazing and livestock use permits in whole or in part as follows: (1) Cancel permits where lands grazed under the permit are to be devoted to another public purpose…”
Borrego v. United States, 577 F. Supp. 408 (D.N.M. 1983).
“As a final issue, plaintiffs contend in their post-trial brief that 36 C.F.R. § 222.4 (a)(8) requires one year’s notice be given of any modification of the terms of a grazing permit.”
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