R657-28-5. Domestic Livestock Grazing on Division Lands

(1) The division may use domestic livestock grazing to manage vegetation on division lands if the division determines domestic livestock prescribed grazing is necessary for the maintenance or improvement of wildlife habitat on particular division properties.

(2) Domestic livestock grazing on division lands shall occur only under the permission, provisions, and authority given in a grazing permit issued by the division.

(3) Grazing permits may be issued by the division through a proposal solicitation process in accordance with R657-28-20 to achieve the division's vegetation or wildlife management goals.

(4) In the event an unanticipated prescribed grazing treatment is necessary for a division property, the division reserves the right to enter into contract with any livestock operator the division determines can provide the prescribed grazing treatment in a timely manner without soliciting competitive proposals; however, grazing permits issued under this paragraph shall not contain an option to renew and shall be limited to the current grazing season in duration.

(5) Grazing permits issued by the division shall include:

(a) The name, and a map, of the subject property to be grazed;

(b) A description of the desired vegetation community structure sought through the use of domestic livestock grazing;

(c) Identification of the type of domestic livestock needed to achieve the desired vegetation community structure;

(d) Identification of the key forage species for which utilization is to be measured;

(e) A description of the timing and intensity of utilization sought on key forage species that will achieve the desired vegetation community structure;

(f) The division's best estimate of the stocking density, period of grazing, and authorized forage harvesting stated in animal unit months that will achieve its vegetation management goals;

(g) A statement that the division may unilaterally suspend the grazing period if utilization goals for key forage species are met or exceeded prior to the end of the grazing period stated in the permit; or if events such as drought or fire make suspension necessary in order to prevent harm to the vegetation or wildlife resources.

(h) Identification of a reserved grass bank, if any, that the division may at its option offer as emergency forage for a permittee if the period of grazing set forth in the permit is suspended by the division.

(i) Identification of the type of compensation required by the division. Description of the compensation required shall be sufficiently specific as to be clearly understood by the permittee and the division.

(j) Requirement that all applications to appropriate water on division land be filed only with the permission of the division, filed in the name of the division, and that express written consent from the division is needed prior to the conveyance of water off division land.

(k) A statement assuring public access to division property by the permittee.

(l) A statement that the permittee is solely responsible for fence maintenance and control of permittee's livestock during the period of the permit.

(6) The division may at its option suspend domestic livestock grazing authorized under any permit prior to expiration of the permit's grazing period if the division determines the desired degree of utilization on the key forage species has been achieved.

(a) The division shall attempt to verbally notify the livestock operator and send written notification that utilization goals have been achieved and that domestic livestock grazing is suspended.

(b) The livestock operator shall remove its domestic animals within seven (7) days of the postmark date on the written notification of suspension.

(c) Animals remaining on division lands after the seven (7) day period will be considered in trespass.

(7) Compensation received by the division for grazing permits may be in-kind or monetary, or a combination of both, as specified by the division.

(8) The permittee is obligated to satisfy its compensation obligations regardless of whether the permittee uses the grazing permit or whether the provisions of the permit have been changed by the division.

(9) Compensation due from the permittee shall be pro-rated in cases where the division suspends the period of grazing or animal unit months set forth in the permit.

(10) The division may require compensation to be paid prior to livestock being placed on division land each year.