Livestock Grazing and Wild Horses
How the FLPMA 402(c)2 Loophole Results in Livestock-caused Land Health Problems
The Bureau of Land Management manages 245 million acres of public lands in 11 western states, 155 million acres of which is leased to the public for livestock grazing.
In 2014, Congress codified a loophole allowing 10-year grazing leases to be renewed under their original terms, without a NEPA review, without public notice and comment, and without implementing changes or environmental protections. The justification for this rider, attached to the National Defense Authorization Act, was to give the Bureau the breathing room to catch up on environmental assessments on permit renewals, and to prevent cattle and sheep grazing from ceasing when grazing permits expired.
Grazing allotments are discrete geographic units designated for use by livestock.
Grazing allotments have one or more grazing authorizations, or permits. Permits outline the time period for grazing use and the number and kind of animals that can be grazed. Use rates are measured in authorized Animal Unit Months, or AUMs. One AUM is equal to one cow and her calf, or five sheep and their lambs, grazing for one month. Permits are typically issued for a 10 year period.
Allotments can be classified based on how the permits are authorized:
- Allotments that have had a NEPA assessment completed for all active permits are classified as FULLY PROCESSED. This includes allotments with a current EA or EIS as well as allotments renewed using a CE or DNA.
- Allotments where some permits have been assessed under NEPA but others haven't are classified as PARTIAL NEPA
- Allotments that have no permits that were authorized with a current NEPA assessment are classified as FLPMA 402(C)2/APPROPRIATIONS ACT
- Allotments that have permits that have pending legal challenges or other unusual circumstances are classified as OTHER. These are uncommon.
2013
28% of allotments and 44% of AUMs were authorized without any NEPA analysis
2017
38% of allotments and 52% of AUMs were authorized without any NEPA analysis
2021
54% of allotments and 67% of AUMs were authorized without any NEPA analysis
The rate of NEPA completion varies by state
MONTANA
In 2021, 27% of allotments and 26% of AUMs were authorized without any NEPA analysis
NEVADA
In 2021, 84% of allotments and 89% of AUMs were authorized without any NEPA analysis
Many allotments have been renewed without an environmental review more than once
In 2021, authorizations on allotments renewed twice without any environmental review totaled approximately
2,325,845 livestock
4,482,357 AUMs
BLM lands on the Onaqui Mountain HMA, fenced off from cattle and horses for multiple years, then re-opened to cattle only in Spring 2021
Allotments in sensitive wildlife habitats are targeted for renewal without NEPA
Sage grouse lek, eastern Red Desert, Wyoming
In 2015, federal agencies adopted West-wide Resource Management Plan Amendments to increase sage grouse protections, including habitat objectives for livestock grazing. But these new protections would only be applied through grazing permit renewals. Because permits renewed under the FLPMA rider must be authorized under identical terms as previously, sage grouse conservation measures cannot be applied.
Allotments renewed without NEPA and Sage-grouse habitat
“Protected lands” are fast-tracked for grazing permit renewal without NEPA
Cattle in Grand Staircase-Escalante National Monument
Allotments in the National Landscape Conservation System receive special conservation attention and funding, but allotments in such lands are reauthorized without NEPA a high proportion of the time.
Monuments, Wilderness Areas, Areas of Critical Environmental Concern, and other "protected" landscapes and allotments renewed without NEPA
Even allotments failing land health standards are routinely renewed without environmental review
The Bureau is required by it’s own regulations to change management before the next grazing season if an allotment fails to meet Land Health Standards, but without new NEPA analysis, these changes are rarely implemented and the land becomes unhealthier with each passing year.
Our analysis found that 65% of the allotments known by the Bureau to be unhealthy due to current grazing are being rubber stamped for renewal without any environmental analysis or changes to management. In spite of clear evidence that the lands under their protection are unhealthy due to livestock grazing, the Bureau's land managers are willfully disregarding the law, the public, and the stewardship responsibility of the agency.
In any other profession, a failure rate this high would lead to a sea change of agency priorities, policies, and personnel.
Allotments renewed without NEPA and allotments failing Land Health Standards
Lands designated for wild horses under the Wild and Free-roaming Horses and Burros Act are often fast-tracked for livestock permit renewals without NEPA
Cattle in Palomino Butte Wild Horse Herd Management Area
Wild Horse and Burro Herd Management Areas and allotments renewed without NEPA
Allotments on Herd Management Areas often are failing land health standards due to livestock.
Wild Horse and Burro Herd Management Areas and allotments renewed without NEPA.
