Voluntary Grazing Permit Buyout Act

Doc Lane has sent us his comments:

Buyout Language finally shows intent!

The Grazing Buyout that has been talked about and pushed by the Whitney family and the Center for Biological Diversity has now been introduced as two different bills in Congress. Representative Shays of Connecticut introduced HB 3324 and Representative Grijalva of Arizona introduced HB 3337. The language is slightly different in the two bills BUT the important impact of both bills is exactly the same.

In this article I would like to walk you through the impact if ether of the bills is passed. If you want to see the actual bill language you can get a copy on the Internet at http//:www.firstgov.gov/ web site. I will use Mr. Shays’ bill (HB 3324) as an example because it is the most comprehensive, but the provisions that will cause the problems cited here are in both bills.

First Problem – The selling point for supporting the “buyout” is it is completely voluntary. If you don’t want to participate you don’t have to.

Well in both bills you will be forced to lose your permit no matter what over time. The language is in Section 4

(a) (a) WAIVER OF EXISTING GRAZING PERMIT OR LEASE- A Permittee or lessee may waive to the Secretary (defined as Agriculture, Interior, Defense and Energy. In other words all grazing leases on all federal lands) at any time, a valid existing grazing permit or lease authorizing livestock grazing on Federal lands.

This sounds ok, except you MUST voluntarily waive you permit in order to transfer it to ANYONE. If you sell your ranch you must “waive” the permit back to the Secretary so that it can be transferred to the new buyer. If you die, your estate must “waive” it so it can be transferred to your heirs. IN OTHER WORDS ALL PERMITS ARE “WAIVED” IN THE COURSE OF NORMAL BUSINESS AT SOME POINT.

NOW THEY GOTCHA
Same Section 4

( b ) CANCELLATION OF WAIVED GRAZING PERMIT OR LEASE- The Secretary shall cancel grazing permits and leases waived under this section and permanently retire the associated allotments from domestic livestock grazing use notwithstanding any other provision of law.

Ok, now you sold the permit to the person who wanted to buy your ranch. You go to the local BLM or Forest Service office and “Waive” your permit back to the Secretary so it can be transferred to your buyer. SORRY, THE LAW STATES “ THE SECRETARY SHALL CANCEL …PERMITS WAIVED UNDER THIS SECTION AND PERMINATELY RETIRE THE ASSOCIATED ALLOTMENTS FROM DOMESTIC LIVESTOCK GRAZING.

I understand you are going to say it doesn’t apply to your allotment and permit because you didn’t “waive” it under Section 4 (a), you waived it to sell it to someone else. Where in 4 (a) does it say “only for voluntary permanent retirement of the allotment with compensation”? So as each permit is sold or passed on to heirs throughout the U. S. the grazing is removed PERMENTLY. The permits will have zero value because no one can ever own them but you and you won’t live forever. Very soon there will be no livestock grazing on federal land anywhere in the United States.

What happens in states like Arizona that have intermingled land throughout the state and almost all ranches depend in part on federal land as part of the ranch unit? Without the federal part they cannot ranch, it is not economically possible.

Second Problem

In Mr. Shays HB3324 the last of Section 4 acknowledge that funds to pay for the “voluntary buyout” may not be available.

Remember, appropriation of funds has to be done through Congress and NO one is guaranteeing this will be funded.

Ask yourself this question: Why would the Center for Biological Diversity want to, or Congress be willing to, pay you if this bill passes? Once the bill is signed into law, appropriating the money must be done, writing the regulations (which say “If you ever had a warning letter from the agency you don’t qualify”) and then starting to retire permits, NOT BECAUSE THEY WANTED TO RETIRE THEM BUT BECAUSE THE LAW SAYS THEY HAVE TO!!! You can waive your permit but the law does NOT say the Government has to pay you!!

C. B. 'Doc' Lane
Director of Natural Resources
Arizona Cattlemen's Association
Arizona Wool Producers Association
602-267-1129
doclane@arizonabeef.org

Thanks Doc for sending your perceptive comments. I posted the text to H.R. 3324 on 10/21 along with some press on the legislation. The comments of Sue Krentz and Cynthia Coping were posted on 10/22. Please review and send your comments to flankcinch@hotmail.com or just click on "email me" to your left.