Free Response to Cross Motion - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

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Filed 09/12/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SACRAMENTO GRAZINCj ASSOCIA nON. INC.. et at.

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Plaintitls
v.

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No. 04-786 L
Judge Susan G. Braden

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UNITI::D STATES OF AMERICA.

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Ddèndant.

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OECLARATION OF FRANK R. MARTINEZ
I, Frank R. Maitinez. hereby declare as follows:

1. I am cUlTently employed by the United States Department of Agriculture. Forest

Service. as the Public Services Staff Offcer on the Lincoln National Forest. Prior to this I \\'as
the Sacramento District Ranger.

2. I held the position of Sacramento District Ranger on the Lincoln National Forest tìom

November 2000 until February 2008. In this capacity, I \\"as responsible forrhe administration of
the District. 'which includes the Sacramento Allotment, at issue in this lawsuit. As pait of my responsibilities i am fàmiliar with the Forest Service efforts to assess livestock grazing on the

Allotment and the associated procedures under federal law. 1 submit this declaration in support

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of

Defendants Motion for Summary Judgment.

3. Therc are seven main exclosures located within the Sacramento Allotment. The
exclosures were built prior to 1989 when Sacramento Grazing Association was issued a term

grazing permit. The original design of each of the exclosures was to avoid trampling of
environmentally sensitive areas by livestock and protect resollce values around spring sources.
Water tlowed out of each of the exclosures at the time of

their construction. allo\\ing water use

by livestock outside the exclosures. The periodic drought that we have experienced in the last
tè\v years has resulted in reduced

spring flows across the entire allotment. During drought
the exclosures in certain areas. During periods

periods ,vater has receded within the confines of

of normal or above normal precipitation water is likely to now outside each of the exclosures.

4. It is my understanding that in 1989, when SGA obtained the grazing pemlit. the Forest
Seniice managers at that time

verbally told SGA to ensure that their livestock remain outside of

the already existing exclosures. Once in 1989 and once more in 1990, SGA was allmved to put

their livestock in the Upper Pefiasco Exclosure but this was for gathering purposes only. Further

requests were denied. See Doc. 42-5. When SGA continued to place livestock within the
exclosures, this grazing restriction \vas incorporated into the i 999 grazing permit. The 1999
grazing permit confirmed that exclosures are not part of

the Sacramento Allotment and livestock

use is not pennitted within the exclosures.

5. In 1004. the Forest Service issued a Record of Decision for the Final Environmental

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Impaet Statement for the Sacramento, Dry Canyon. and Da\ís Grazing Allotments. The ROD
required the removal of livestock fì'om the Alamo Pasture after February I. for two years. The
AI~1ended 2005 Annual Operating Instructions state that full season use (1110 i to 05il4) vvas

authorized in the Alamo Pasture beginning February 2006. and has been for every year since.
See Def. Ex. J

Pursuant to 28 U.S.c. ~ 1746. r certify under penalty of

perjury that the foregoing is true

and COlTeet.

Executed this 1/1I day of September 2008.

~R.MARTIN Z
Public Serviees Staff Ofteer
Lincoln National Forest

~'l1r ¡¿ ,

1101 New York Avenue Alamogordo NM 883 i 0

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Case 1:04-cv-00786-SGB

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Filed 09/12/2008

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