Assessing Fees for Excess and Unauthorized Grazing (2022)
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The Assessing Fees for Excess and Unauthorized Grazing rule is a significant rule issued by the Forest Service, U.S. Department of Agriculture (USDA) effective August 8, 2022, that added the option to waive unauthorized grazing fees when grazing was determined to be the result of unforeseen or uncontrollable circumstances. The Forest Service issued this rule pursuant to the authority granted it by the Granger-Thye Act.[1]
Timeline
The following timeline details key rulemaking activity:
- August 8, 2022: The final rule took effect.[1]
- June 9, 2022: The Forest Service issued the final rule.[1]
- December 2, 2020: The comment period closed.[1]
- November 2, 2020: The Forest Service issued the proposed rule and opened the comment period.[1]
Background
At Congress's request, the Government Accountability Office (GAO) issued a July 2016 report titled Unauthorized Grazing, Actions Needed to Improve Tracking and Deterrence Efforts that reviewed the Forest Service's efforts to reduce unauthorized or excess grazing on federal land. The report found the Forest Service knew little about the frequency and extent of authorized grazing because most instances were handled informally and therefore not recorded. The Forest Service documented only formal actions, which were issuances of Notices of Non-Compliance and/or Bills for Collection. The report recommended the Forest Service either record every instance of unauthorized or excess grazing or issue regulations that waived some instances without charging fees; the Assessing Fees for Excess and Unauthorized Grazing rule waived fees when grazing on federal lands resulted from unforeseen or uncontrollable circumstances per the report's recommendation.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:
| “ | The Forest Service (Agency), U.S. Department of Agriculture, hereby adopts this final rule to amend existing regulations for the provision of an option to waive excess and unauthorized grazing fees when excess or unauthorized grazing is determined to be a result of unforeseen or uncontrollable circumstances. This standard is consistent with the practices of the U.S. Department of the Interior, Bureau of Land Management, as recommended by the Government Accountability Office (GAO) in its July 2016 report to the Committee on Natural Resources, House of Representatives, Unauthorized Grazing, Actions Needed to Improve Tracking and Deterrence Efforts.[1][2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
| “ | Therefore, the Forest Service amends its regulations at 36 CFR 222.50(h) to include an option for waiving the excess and unauthorized use fees when excess or unauthorized grazing use is a result of unforeseen or uncontrollable circumstances and meets all three conditions identified in the rule. Per the regulations at 36 CFR 261.2, unauthorized livestock are defined as livestock which are not authorized to be upon the land on which the livestock are located, and which is not related to use authorized by a grazing permit. 'Excess livestock' are defined as livestock owned by the holder of a National Forest System grazing permit, but grazing on NFS lands in greater numbers, or at times or places other than permitted in Part 1 of the grazing permit or authorized on the annual Bill for Collection.[2] | ” |
Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of the Assessing Fees for Excess and Unauthorized Grazing rule states that OMB deemed this rule significant, but not economically significant:
| “ | The final rule has been determined to be significant for the purposes of Executive Order 12866, and therefore, has been reviewed by the Office of Management and Budget.
... Overall, we do not expect costs to industry, the agency, or the public from the final rule.[2] |
” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
