The Burns District of the Bureau of Land Management (BLM) in Oregon announced the opportunity to apply for livestock grazing preference on conditionally available forage on public lands in the Bridge Creek area of Steens Mountain.
The Bridge Creek area is divided into four allotments, each with multiple pastures. Applicants may apply for all or part of the available forage in these areas: Hammond Allotment (11,009 BLM-managed acres, 2,077 privately owned acres and 635 other federally managed acres for a total of 13,721 acres across 12 pastures); Mud Creek Allotment (8,245 BLM-managed acres within two pastures); Hardie Summer Allotment (6,008 BLM-managed acres and 3,775 privately owned acres for a total of 9,783 acres across four pastures); and Hammond Fenced Federal Range (FFR) (1,158 BLM-managed acres, 6,145 privately owned acres, and 13 state-owned acres across four pastures).
The Oregon Cattlemen’s Association (OCA) has been a strong, vocal advocate for Dwight and Steven Hammond by intervening to restore their grazing rights. Jerome Rosa, the executive director, indicated his desire that other cattlemen not submit bids for the grazing allotments. Currently, there are only a few cattlemen who would qualify who have their ranches or base properties close to the four allotments. Tom Sharp, president of the OCA, stated that he supports the Hammond family and echoed Rosa’s sentiments.
“We [Harney County Stockgrowers Association and the OCA] are in agreement that no one will provide competition for the Hammonds in their endeavor to be successful in the BLM allotment application,” Sharp told WLJ. “It’s a generational family that I believe has paid their dues in the legal system. They have been forced into a process to be in competition with other cattlemen who might want to apply for those permits. I think it is unfortunate, but I hope the family will prevail.”
While Rosa or Sharp have not spoken directly with Steven, they indicated the Hammonds wanted to maintain their “preference” on the permit.
“There were communications with Interior Secretary [David] Bernhardt on this and discussions between the groups, and the feeling was the Hammonds wanted to maintain their current permit the way that it is because they would maintain their preference,” Rosa told WLJ. “That is what the groups advocated for on behalf of the Hammonds, but that is not what was decided.”
If the Hammonds continue with their administrative challenge, the BLM will wait until it’s resolved before deciding on the applications. If the appeal is resolved in a way that allows for processing multiple applications, the BLM will consider the competing application factors in 43 CFR 4130.
“We at the OCA, and the [Harney] Stockgrowers Association, have stood strong with the Hammonds and behind the Hammonds,” Sharp told WLJ. “We will continue to stand strong by what is good for the Hammonds. We would encourage them to apply for those permits and this opportunity if they haven’t already done so.”
Ranchers have until April 14 to apply to graze livestock on the four allotments and must own or control “base property” (private land capable of serving as a base operation for livestock use) and have a satisfactory record of performance.
“I received the complete package by certified mail that I had to sign for,” Sharp said. “I don’t know how many packages were distributed, but I can confidently say that the BLM has done their required due diligence to notify the public of this application process.”
Following any BLM decision to award preference, the BLM expects to prepare an allotment management plan for the Bridge Creek area supported by analysis under the National Environmental Policy Act. It will include analysis issuing a 10-year livestock grazing permit(s), increasing active AUMs within the Hammond Allotment, construction and maintenance of rangeland improvements, nonrenewable forage, adjusting allotment and pasture boundaries, and livestock management measures that will be consistent with meeting the Standards for Rangeland Health.
2019 overturn of grazing rights
After a lawsuit filed by several environmental groups, Judge Michael H. Simon ruled in December 2019 that Hammond Ranches, Inc. would not be allowed to use their grazing permit on BLM land.
In his opinion, Simon found that former Interior Secretary Ryan Zinke overstepped when he ruled the Hammonds should have their rights to graze on four tracts of federal land restored. The groups claimed, and Simon agreed, that the Hammonds’ “pattern of violating federal rules” and the terms of the permit were sufficient to withdraw the grazing permit the family has owned since the 1960s.
Zinke reinstated the grazing rights after the Hammonds received a full pardon from President Donald Trump. At the time of reinstatement, Zinke stated the permits should have the same conditions as the previous 2004-2014 permits.
Dave Duquette, the spokesperson for Protect the Harvest, pointed out several flaws with the case and decision by Judge Simon. The lawsuit filed by the environmental groups was solely against the BLM. Therefore, the Hammond family was not able to include an attorney or representative during the hearings. Duquette also stated that Brad Grenham, the attorney representing the BLM, was on the same legal team that represented the federal government against the Hammonds when the two were charged with arson and sentenced to prison.
Duquette was not surprised at the time of the ruling and stated that the Hammonds are “model grass managers” whose past permits are referenced as the “gold standard.”
“The anti-grazing groups try to say that the Hammonds have all these violations and that they are poor managers, but we need them out there,” said Duquette. “They are excellent, conscientious managers. The BLM used to take people out there to train them on what good management looked like. You couldn’t tell the difference between the BLM land and the Hammonds’ private land next to it.” — Charles Wallace, WLJ correspondent
