Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 42-14

Filed 08/15/2008

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EXHIBIT 13

Case 1:04-cv-00786-SGB i.: :

Document 42-14

Filed 08/15/2008
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United States
Deparlineul of

FOl"eSl

Sacramento Ranger llîstrict

Hwy82 &Cnrlew, PO Box 288

Service

Cloudcroft, NM 88317
(505) 682-2551

Agdculture

File Code: 2230

Date: December 19,2003
Sacramento Grazing Association c/o Jimmy Goss, President P.O. Box 596

CERTlFlEO MAIL - RETURN RECEIYf REQUESTED
NUMER: 700 0600 0026 17209473

Wee, NM 88354
Dear

Jimmy:

Non-compiiancc to the Sacramento Graing Association (SGA) that.1isted..~..ite.J~. ofn~n';cõ~plianç~ ~ith the" terms and..coiiditiöns.ofyour gli"g ..- ._.0.7-..
On October 24,2003, I sent a Notice of

.pert on the Sacraiënt& Allotment.The items.dfnon-compliance were as follows; 1).
. exceeiIg forage utiization requirements, 2) failure to follow the pastue rotation specified in

Operating Instructions (AOI), 3) failure to keep cattle out of grazing exelosures and keepinggatcs closed, and 4) failure to remove catte from the summer pastures by the specified date and the failure to repoit cattle numbers r~moved.
tlie Annual

On September 5, 2003, during a field trp to obsere and monitor forage conditions in the Nort
sumer pasture~ we discussed. the lack of forage production and the nee to remove livestock

early so that the utilzation levels specifed in the 2003 AOI would not be exceeded. The
following were in attendance on ths trp and involved in ths discussion: Michael Nivison, and
members ofOterÇ) County Grazing Advisory Board; members of Force, and Frank Maitinez, Mark Cadwalader. Cedric

Doug Moore, Otero County Commssioners; Joy Nieholopoulos, Fish and Wildlife Service; the Range hnprovemeiit Task Selby, ofthc Sacramento Ranger Distrct;

and, Spike Goss, SGA representative.

On September 8, 2003, we spoke on the telephone wherei.n i explained the nee to remove

livestock. Durng this telephone conversation I agreed to extend the time for removal of
livestock in order to meet the needs of the SO A. On September 9, 2003, T sent you a leter

concernig time extensions for cattle removal that had been discussed the eveng of September 8,2003. This letter also requested that you to notify the Forest Serice when cattle had been removed. On September 18,2003, you were maned another Jetter that again included a request Non-Compliance of October 24. 2003,
for notit1cation of cattle number removed. The Notice of

once again requested the SOA report cattle numbers removed by October 28, 2003~ so that
compliance with tls reqüireinent could be met.
As of

this letter T have not received any inf9nnation from the SGA with regard to removal as .requested in thc September 9, 20031etter. This -information is critical in order to correlate forage utilzation with actual u.se by livestock.
the date of numbers Qftivestock and dates of The October 24, 2003, Notice of Saci:amcnto Allotment are not par of i:~iptof~otice to

Non-Compliance made clear that cxclosures located within the
the allotment. Ths

notice gave you thee days frm the

remove all cattle from exclo~ures and to kecp exclosure gates closed. On thursday, November 13, 2003, 2 Cows ~ith Calves and one bull belongig to the gOA were the 9bserved in the Upper Penasco Exclosure. At this time. gates were open at each end of
eì'closure. Also, at this time, two bulls and one cow and calf observed in Water Canyon. The Notice of

belongig to the SOA were

Non.Compliance specified that all eattle were to be

removed from the summer pastues by October 31,2003.

m

Caring for the Land and Serving People

Printed an R..oycl.. PliP61

G

Case 1:04-cv-00786-SGB
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Document 42-14

Filed 08/15/2008

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The continuation of

these non-compliance actions lcaves me nO choice but to take adroinistrtivc
the annual
of

action against your ter grazing perit. By this letter I am suspending 20% of

authorized livestock number to be pertted on the Sacramento Allotment for the 2004 grazing
year (March l, 2004 -- Febru 28,2005). This suspension wil be effective at the sta

the

summer gring seaon on May 15,2004, and end on May 15, 2005. Please understad that you
must stil provide records showing dates and numbers of cattle removed from the summer pastures according tQ the September 9. 2003 letter. These records must be provided by December

31,2003.
I regret having to tae this action, but I am commtted to maintainig the integrty of Grazing iicrit and compliance with

the Term

its provisions.

This-ãëëision is ßub JC?ct t9 adiïstrative .review, pursuant tö 36 CFR 25 i :- and any appeaf of ths

decision'-Irust be fully coriistentwith 36 CFR .251.90 (see enclosed copy of36 CFR 251
regulations). In accordance with 36 CFR 25 i .84, if you file an appeal, I am.

wiling to meet with

you to discuss any concer you may have with my decision. If you file an appeal, you may
request an oral presentation in thc appeal or at any time prior to closing of CPR 251.97). If you file an appeal, you may al~o request a stay of

the appeal record (36

my decision in tbeappe Dr at the appeal record (36 CFR 251.91). Additionally, jfyo~ file a notice of appeal, you may simultaneously request mediation as par of fiing your appeaL. If you request mediation, a stay of the decision wil automa.tically be granted for the duration of the medation
any time prior to closing of . perod, which is 45 days. If agreement has not been reached a.t the end of the 45

calendar days,

but it appears to the Deciding Officer that a mediated agreeent ma.y soon be reached, the up to 15 calendar days from
Reviewing Offce may extend the mediation peiiod for a perod of

the end of the 45-day appea suspension peod. If a mediated agreeent is reacli~ the

Reviewing Offcer wil close. .therecrd without a decision on the merts ofthe appeal. If,a
mediated agreem(;J..câliiíni'bëireached undér the timeframes, the stay granted durng the
niedation wil bé Hfiê((Änd the timeframes and proeeduresapplicale to the appeal wil be
reistated. All negòtlatîöns are confidential, and mediators are specifically trained to serve as a

neutral third party in those states..with Unîted States Deparent of Agrculture certfied
mediation progra.ms. - .

. .. A notice of appeal must be .tiled with Jose M...Marinez, Lineoln National Fore!lt Superisor,
1 i Q r New York A venue 88310-6992 witln 45 days of the date of this decision. A copy of the

notice of appeal must be filed simultaeously with Frank R. Marinez, Distrct Ranger,
Sacnuu:entoRanger Distrct, P.O. Box 288, Cloudcroft, New Mexico 88317.

Sincerely,

~KIlIr~
FRANK R. MARTINEZ Sacraento Distrct Ranger
Co; Forest Supervisor

Case 1:04-cv-00786-SGB

Document 42-14

Filed 08/15/2008

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SACRANTO GRAZING ASSOCIATION
Rager Frank Martinez
Sacrameno Rager Dístct
P.O. Box

288

Cloudcroft NM 88354
October 3~ 2003
Dea

Fran

We ar complying wi Ybti:ditéòli~eand have been movig cattle sice Septembe 9,

2003. " ~..i,-. . '" (, c.;
Sinerely, Sacraento

. The tig oftli order is an exteme hardship on our fay. we are fiding it diffcutto

find help and thè~erise.tô usis°treinendous...We are proceedng as fast as is possible.

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Grazg Associaton