Following an adverse decision in Western Watersheds Project v. Kraayenbrink, the Bureau of Land Management is presently applying its livestock grazing regulations that were in effect immediately prior to July 12, 2006, with certain exceptions noted below. The grazing regulations in effect immediately prior to July 12, 2006, are found at 43 CFR Part 4100 (2005). Applying these regulations will not have any practical effect on the Bureau’s current management of livestock grazing on BLM-managed public lands.
On February 28, 2008, the U.S. District Court for the District of Idaho issued a Judgment in the Kraayenbrink decision, enjoining in all respects the BLM grazing regulations published at 71 FR 39402 (July 12, 2006). On June 15, 2007, the BLM issued an instruction memorandum (IM 2007-137) to its field offices advising them to not implement any changes of the grazing regulations promulgated on July 12, 2006. A revised instruction memorandum was published on April 20, 2009 (IM 2009-109).
The BLM has elected to apply the grazing regulations found in the 2005 edition of the Code of Federal Regulations at 43 CFR part 4100 (2005 grazing regulations) to grazing matters administered by the BLM on lands outside of Alaska, with the exception of regulations addressing conservation use, which have not been in use since they were held to be invalid in Public Lands Council v. Babbitt. Any future changes to the 2005 grazing regulations will be pursued in a new rulemaking proceeding. A copy of the regulations at 43 CFR part 4100 (2005) may be viewed on the Internet at: http://www.access.gpo.gov/nara/cfr/waisidx_05/43cfr4100_05.html.
For further information, contact Robert Bolton, (202) 452-7792.