Domestic livestock grazing (mostly beef cattle) have done more damage to North America than the bulldozer and chainsaw combined. Not only have livestock been degrading the landscape longer than developers, miners, and loggers, they have grazed nearly everywhere. Yet, the conservation movement has paid scant attention to this issue, even on federal public lands where livestock mow through 257 million acres annually.

Past Attempts at Reform

Historically, conservationists working on public lands grazing have focused on increasing the federal grazing fee and/or unwisely advocating for improved grazing practices. Neither strategy has or could result in the conservation and restoration of grazed western landscapes. Locally, specially protected federal lands and/or litigation under the Endangered Species Act and the Wild and Scenic Rivers Act has removed some livestock from limited areas.

Now, some conservation organizations (American Lands Alliance, Center for Biological Diversity, Committee for Idaho's High Desert, Forest Guardians, Oregon Natural Desert Association, and Western Watersheds Project) are proposing through the National Public Lands Grazing Campaign (NPLGC) federal legislation to buyout federal grazing permits and end grazing on the associated allotments.

The Proposal

The NPLGC is lobbying Congress to compensate any and every federal grazing permittee who voluntarily relinquishes their permit back to the federal government at a rate of $175 per animal unit month (AUM). In contrast, the average westwide market value of a federal AUM is $40. NPLGC member groups propose this "price point" to convert as many of our opponents as possible into allies, while still providing fantastic taxpayer savings.

Taxpayer Savings

Federal grazing costs taxpayers at least $500 million annually, more than $30 for each of the 16,415,159 AUMs provided. While federal permittees pay only $1.43 per AUM (a house cat costs more to feed), the average fees on western state and private lands are $12.30 and $11.10, respectively. Even worse for the taxpayer, most of the $1.43/AUM isn't even deposited to the general treasury, but is raked off to further subsidize livestock grazing.

The total present value (the current cost of the future obligation to taxpayers) of the federal grazing program is between $525 (OMB 5.8 percent nominal interest rate) and $781 (3.9 percent real interest rate) per AUM. Thus, it is a great deal for the taxpayers to pay very generously to relieve themselves of the ongoing financial burden of the federal grazing program.

Voluntary, Permanent Permit Retirement

The NPLGC proposal is voluntary. No rancher would be forced to participate. Each would need to decide if buyout fits their life plans. But at the same time this program would bring certainty to the debate over the use of grazing allotments. With permanent closure there would be no further conflicts over stocking rates or seasons of use, whether a species is being harmed by livestock, or if an allotment is "overstocked."

No Grazing Rights Conveyed or Created

Grazing permits issued under the Taylor Grazing Act (TGA) allow permittees the privilege to use publicly owned forage. The permits do not convey a right in permittees to graze federal lands. This distinction was intended by Congress in the TGA, articulated in agency regulations, restated in federal grazing studies, confirmed by scholars, and upheld by the Supreme Court as recently as 2000. Federal grazing permits are revocable, amendable, non-assignable ten-year licenses that do not convey property rights.

One concern about creating a permit buyout program is that it would create a new, unintended compensable property right in grazing permits. Such a right, it is feared, could require the government to reimburse ranchers every time federal managers reduce or eliminate grazing privileges. But such a fear is unfounded. Since 1948 federal law has mandated that the government compensate federal grazing permittees when their grazing permit privileges are reduced or eliminated for military purposes without creating new property rights. Appended to the (TGA), this "savings clause" protects the government from any extraneous claims of permit-property rights.

For nearly half a century, no public lands grazier who has had their grazing permit reduced or eliminated for non-military purposes has claimed they are nevertheless owed compensation under the military exception. It is unlikely that such a challenge would ever be brought.

This paper provided by the National Public Lands Grazing Campaign. For more information, and for documentation of every fact mentioned (except for the cost of cat food), please visit www.publiclandsranching.org.