Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 35-3

Filed 04/29/2008

Page 1 of 8

Defendant's Exhibit B

Case 1:04-cv-00786-SGB
, USDA-Forest Service

Document 35-3

Filed 04/29/2008
PAOr:-. OF

Page 2 of 8

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i

TERM GRAZING PERMIT - pARTS I AND 2
(Reference FSM 2230)
PART i I

PERMllTE NUMBER
". .. _. -'..

n??pi

_. -- . -

' .

PERMIT NUMBER

1'8- 1: 10~

, (Post Offce address including Zip Code) (Name of Permiiiee) hereinafter called the permittee, is hereby authorized to grze livestok owned by the permittee upon designated lands administered by the Forest S4rvice
within the

Sacramento Grazing Association
Lj ncol n

of

Rt. 1.

Box 51 . i a 1117. NM; 88337

(X appropriaie box)

Foret (i National

D National Grassland

under the following terms and conditions:
i. Descrption of range. The livestock shall be grazed only upon the area described as follows: d&~ :iilit~H ~ ~ delineated on the

attached map dated

Ii r J /,:7/89

, which is part of this permit ('strike OUI item or items not applicable),

,",

"

2. The number, kind. and class of livestock, period of use, and grazirig allounent on which the livestock are pennitted to grze are as follows, unless
modified by the

Forest Service in the Bil for Collection:
i

.'
,:,.' ,'"

UVESTOCKI

PERIOD OF USE I
CLASS \ FROM I

MBER\

i i

KIND

I

TO I

GRAZING ALLOTMNT'

553

Cattle

Cow/CalT

3/1

? I?H

SAcr;imentn

(217)

,

3. It is fully understoo and agreed that this permit may be suspendedorcancelled~ in whole or in part, aftr written notice, for failure to comply

with any of the terms and conditions speified in Part i, 2, and 3 hereof, or any of the regulations of the Secretar of Agrculture on which this
permit is basd, or the instrctions afForest offcers issued thereunder; or for knowingly and wilfully making a false statement or representation in the permittee's grazing application, and amendments ,thereto; or for conviction for failure to comply with Federal or State and, loal

laws or regulations laws relating to livestock control and to proten of air, water, soil and vegetation, fish and wildlife. and other environmenta
needed

values when exercising the gring use authoried by th permit This permit can also be cancelled, in whole or in part, or otherwise modifed,
" at any time during the term to coform with

changes broight about by'law, regulation. Executive order, a11ounenl'management plan,. I

IMd mM""no" "M.mg, .,m"' """, ~ ..-" "'~ -~~ ""~, "'.. """", ~ "" I."" ""'bo ""~ t
being unavailable for grazing. Any suspension orcan:ellation'acon may be appealed puruant Ie Ai' · a- 31: c.t=R .;;S-1 .

4.
,-~

This

permit

suptrsedespermit

issued 2 February 88 to Sacramento Cattle Company, I .

;;"

~ I HAVE REVIEWED AND ACCEPT THE TERMS OF THIS PERMIT I

~~U¿J 77~¡,~~ p~W . SIGNATU~ OF ~Æ OFFICER
j¿el....-t. . . ',,, fl t2 . ,
Previous edition is obsolete,

\iT~RE, OF ~RMITIEE OR HIS AUTHORIZED ~GE~: \

DATE

i

~

'. '~

NAME (PrRt) I

TITL:L
(OVERII

¡ ",';1 :.J I Ò -/'.r- 141(' DATE ~

\

~"'~).n ~v-6~

Lil' '. h, .rSi ~..I\.QJ ,'s br )112.1/ 7
\

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SG03702

Case 1:04-cv-00786-SGB

Document 35-3

Filed 04/29/2008

")~T) Page 3 of 8 PAGE ,) a

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~1 ~: "

USDA-FOREST SERVICE GRAZING PEJUoUT - PART 3

(Ref. FSt1..QL.
Special Terms

08-1105 v/ J---PEfiiHT N MB:5r-----

and Conditions

1. Authorization Reguired. Each year the permittee will file with the
District Ranger term desired

an application for, changes from tlie use specified in the

grazing permit. It is to be~ubmitted substantially in advance of the grazing season. Approval of the applicätion, in whole or in part,

will be reflected in the ensuing Bill for Collec tion.

If fees assessed through the Bill for CoUection are nOt paid by the date specified thereon and livestOckare placed on (or in the case of yearlong numbers and/or season of use may permits, are on) the allotment, term permit be suspended and/or cancelled. In addition. grazing use by livestock during the delinquent period will be assessed, at the "excess use rate" minus regular fee.s if already paid ànd applicable.

2. Maintenance of Range Improvements. Permittee maintenance assignments are shown on pages(s) .._ of this permit and are further
identified

on the map which accompanies this permi t.
3. Livestock grazed in excess of the numbers. outside of the peri~d

use, or of a class or kind not authorized in the _sur-.~nt Bill for Collection
(a) Wheri the annual application is approved, in numbers must be removed livestock grazed in excess of authorized

whole or in part.

from lands

of the National Forest System. Gr~zinguse by excess livestock mUst be assessed at the "excess use or unauthorized use rate." In àddition:
(1) For first offense cases. the term grazing permit may be suspended or cancelled by the precentage of excess numbers exceeding 10 percent of current authorized numbers. If the excess is 110 percent or
greater, total suspension or cancellation may

result.

(2) For second offense cases, the term gràzing permit will be suspended or cancelled by twice the percentage of excess numbers. It excess is 50 percent or greater, totàl suspension or èancellation will result. (3) For second offense cases occurring during periods of will be cancelled by the amount of the twice the percentage or excess numbers involved

suspension, the term grazing permit suspension in effect or by

whichever is greater. .

(4) For additional offenses, the term grazing permit may be cancelled in whole or in part wi thout regard to the percentage of excess,

at least 5 days before livestock enter the National Forest System. If

4. Livestock Counting. The permittee will notify the District Ranger

requested by the District Ranger, the permittee will present the livestock for counting prior to entry, and at any t~me thereafter during the permitted season. The District Ranger may rpund up and hold for cóunting all permittee-owned livestock on the allOtment.

Previous edi tion obsolete

R3-FS~2200-4 Re

'l/R7

SG03703

ii

Case 1:04-cv-00786-SGB
USDA. Forelt5ervlce

Document 35-3

Filed 04/29/2008

Page 4 of 8

page-- oi-i
Perttee Numbe

GRAZING PERMIT. PART 3
(Referencl1 FSM22$O)

Per Num
08-1105.

02281

. Tems and Conditioru

: i ReøponBbilities for Collcton and Matennce of Strctu Imprvementi or lor Rang ,Rehabitation. (Lùt the ipecific ruponibilitu of the permittåe; or incorporate into the permit the cooperatÎe ØBeement, manaement plan or other document which ieu forth thue reiponibiltiei in

detail Fuly iientify thl1 paculir document or docuinnu.) .
The base property for this permit is identified as follows:

m/2 sWl/4, Section 3l,T, L8S.., R.iOE., NM
Changes in base property lIûst be applied for and

approved in writing by the

Forest Supervisor.

LINCOLN NATIONAL FOREST SHORTAGECALF POLICY

",On yeatlong ranges" calv.es permitted on' the allotment

under six (6) months of age, as of Jánuary 1, shall be will not be involved until March 31 without. cIiarge and from the as an obligation. By o~ on Apr~l 1, these' calvessha11 be removed counted allotment area or shall be counted against the term permit numbers and èharged for

at the current rø.te.
counted toward

seasonal ran~es, all cattle six (6) months and over enter;ing. on an allotment will term, pe~it numbers and charged f~~ at the current rate at the time entering the ~3.lotment.

At the time of taking applicàtions, each permittee shalL. repor.t ,the number .of calves
be recorded on the application

under, six (6) months of age to be on the allotment as of January 1. This. number will
form.

l'eYIous edition is obslete. FS-2200-10a (9/85)
SG03704

Case USDA - Fored Service

1:04-cv-00786-SGB

Document 35-3

Filed 04/29/2008

GRAZING PERMIT. PART 3
(Reference FSM 2230)

page~of.. PenO Numbe
QI
~-

Page 5 of 8

Pent Numbe

. Ten and Conditionø

'; Respollibilties for Conøtrctin and Matence of Strctu

Improvements or for Range Rehabitation. (Lilt the ipecific rupomibiltiei of the

:¡ permitt~e; or incorporate into the permit the cooperøtiue aøeement, manaement plan or other document which setl forth thue reipomibilitiei in

'detaiL FuUy wentify the paular document or document8.)

A. "The permittee, contractor; lessee, or operators shall be responsible for the
protection from damage by their actions of all the cultural resources so identified by the Forest Service within the affected area. In addition, they shall be liable for all damage to the idéntified cultural resources caused by their actions or the actions of their agents or representatives. The permittee, contractor, lessee, 'or operators shall immediately notify the Forest Service Proj ect Administrator or Contracting Officer if any damage occurs to a~y cultural resource and immediately halt ~work in the area in which damage has occurred, until aúthorized to proceed. All provisions of the Region 3 Cultural Re'sources Damage' Assessment HandbooÌcai:e

incorpoirated by reference herein. ii.
B. Travel is permitted only on designated open roads and trails as outlined in the

Lincoln National Forest LM. Exceptions to this requirement are noted as follows:
1. Transporting' materials and people .to a project covered

by a permit modification.

2. Transpo:rting or treating ,sick pr injured' livestuck.

3. Maintenance of Government windniills. pumps, generators. that. require transportation of heavy materials or special equipment.

4. Salting and/or supplemental feeding'plans 'will De approved in conjunction

with annual permittee plan.
5. Entry into pastures or units not scheduled for ase by Permittee Flan will require an entry permit,
6, Additional

exceptions will" be considered~ for approval in the annual Permittee

Plan or Dy entry permit,
a. Breaking i~e in livestock drinking troughs b. Checking pipelines c. Hauling of fuel and operating pumping units
Damage to the resource created by the permittee in conjunction with travel off road or on closed" roads' and trails will be repaired by the permittee in a timely

manner.
~ ,:; ~. :: '¡.

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Previous edition is obsolete.

FS-2200-10a (9/85)

SG03705

Case 1:04-cv-00786-SGB
USDA-Foru So..ic.

Document 35-3

Filed 04/29/2008

Page 6 of 8

GRAZIG PERMIT.PART. 3
(ReI__.FSJf22JO)

Pe N__ 02281 PstN__
08-1105

Pai-. of _8.or.

Spe Ter and Condii

~ Pr (Lu"..pe 1Iinpr iW o/tlt pe aa..al. ri tm _me 01 cie,liin or
..

Ndin of dlp; 01 in iito ". 'pe. tlip döi-... plt 01 odi.. cIuint .,icli 0l di pr ~ elali)

The AHotinnttManagement Plan dated 4/22/80 will be considered a condition of this pennit until a revised plan is completed.

: Oth. (Lïi th pIiom an reuimenu eleern eluibl ~ to ii.. ba IÙ'" ~nt, ~,elye lmuW.libin, budin,

", qeifi rae prtecn me "IC.)

, j'

.l'ua ed iI oi.te.
8003706

Case 1:04-cv-00786-SGB

Document 35-3

Filed 04/29/2008

Page 7 of 8

USDA. I'on 5erY,

GRAZING PERM. PART 3
(RI- FSM %%30J
, ' ,

,.-201_ _ Penltte. N'UJ'O?2eï Pemt Nuihr OR-l105

Spe T_ and Cotl

Appn Spe aw. of i. ANdo.. (Li,,,ppli"" ip NI s-inø to rJ pmii an to ""ii..r "nd dewlop_r of r1M

.. .IiÎCIi "w i- "Ipro "1 1M F__ Su,..J 'Rules' of Managèiiént

Section 1: Eligibility.
i El; gi b; 1 ity for members

hi p. in the associ ati on wi 11 be 1 imi ted to those persons stated in

Article III Section 1 of the Sacramento Grazi"ng Association By-laws.

Section 2: Distribution of non-use fill";;n.
Any member who waives his privilege to graze

will noti'y the Association as stated in the

Associ ati on By-Laws. Other members of the Associ ati on may choose to graze these numbers
but must first have approval of the Association Board of Directors. .Secti on 3: LiveStock Manàgeiiènt' Responsibilities,.

Until a long range Allotment Management Plan is prepared for the Sacramento Allotment, ivestock moves and management requirements will be handlEd through of DirectorsAllotment the Annual will be
rmittee Plan that is prepared at eaCh annual mee.ting. The Board

sponsiblè to ,ensure that li.vestock are maintained in the 'agreed upon pastures. In
emergency situations the schedule may be temporarily changed with the agreement of both
the Forest Servi ce and the Board

of' Di'rectol"?

Section 4: Improvement Ma i ntènance.
,Improvement maintenance needs will be

specified in the Annual Allotment Permittee Plan.

The responsibility for maintenance on all structural and non-structural range improvements Association under the terms and conditions of the Term Grazing Permit are assigned to the 8, Sub-Paragraph 1.) (Part 2, Section

Section 5: Bulls. owned by individuai membe~s of the Association. will be put on at the . ratio of 1 to 20. These bulls are of' mi xedbreed and are allowed to servi ce cows other than the owners. This is agreed to by the Board of Directors and can be changed only with their approval.

, Section 6: A. Assessments for range management and improvements, and salt fees based on ;' 'the number of cattle entitled to be grazed will be levied by the Board of Directors on an

a,nnua 1 basi s. .
Secti on 7: Fees.

B. Other assessments for' unforseen expenses will be made based on the number of cattle entitled to be grazed.

The Association will furnish the Forest Supervisor with a list of permittees and their rmitted numbers prior to the grazing season each year and will be responsible for paymen

-

g~zi n9 fees.

Pr edti Iaobet

~~iOe (9/85)

SG03707

80L£ODS

Page 8 of 8

.
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EXPIRES

Filed 04/29/2008

1990
MASTER NO

i~l~
EARMARK I ~
50192 ~~~-lON LSC LSH
88354
NEW MEXICO LIVESTOCK BOARD

G05S, JUSTIN BOX 475 WEED. NM

Document 35-3

7013 CENTRAL AoVE, N E. AoL8UOUEROUE. r'-1. $710l.2049

,~

Case 1:04-cv-00786-SGB

MASTER NO. 07320 ~~~-lON LSC""LSH

EXPIRES ~ 1990 ~ /E (:

--

i RIGHT LEFT;

I EAR MAR, K L

GOS5, JAMES W. BOX 59E; WED, NM

88354
NEW MEXICO LIVESTOCK BOARD
7J13 CENTRAoL AoVE. N,E. AoLauoUEROUE. N,M. 87'Ol"2049