The Range Resource – Big ranchers are ripping us off.
Cattle grazing on federal land is one of the most discouraging (and maddening) areas of natural resource law. Grazing occurs on over a quarter of a billion acres of federal land, a land area 2 1/2 times that of California. The Bureau of Land Management (BLM), under the auspices of the Department of Interior, controls 180 million of these acres. Particularly in the lower 48 states, BLM land is arid scrubland. Although historically BLM lands were seen as wastelands, today it is generally recognized that BLM lands possess immense scientific, environmental, scenic, and recreational value.
Grazing on public lands is wasteful and destructive. The aridity of BLM land indicates its inherent and fundamental unsuitability for cattle grazing. Nevertheless, 90% of BLM land is operated for cattle ranches. There are three environmental consequences of this grazing. 1) 70% of western water is used to grow fodder for cattle. There are better uses for this water. 2) The intensity of cattle grazing on these public lands causes rapid desertification. The UN targeted the western US as a “major risk” for desertification. Only one other area in the world received this designation: sub-Saharan Africa. 3) Cattle tend to concentrate near the few creeks and streams that course through these lands. These areas are the most environmentally important and the most sensitive. They take the hardest hit.
Grazing on public lands is also bad economics. Between Forest Service and BLM lands, the federal government permits grazing for forage on 268 million acres of public land. Despite this huge acreage, the public rangeland provides only 7% of the beef cattle forage and 2% of the total feed consumed by beef cattle nationally. Only 2% of our beef comes from public land! All this destruction and waste for 2%!
Furthermore, 90% of BLM is controlled by large operators. These operators own in fee small base ranches adjacent to vast tracts of federal land. The value of the base ranch depends entirely upon the continued availability of federal lands. Does BLM charges these cattle barons market rates? No! BLM’s grazing fees grazing fee do not recover the cost of BLM’s direct expenses for covering even the permit program. BLM’s grazing fees are ¼ of the fee charged by private owners and 1/3 of those charged by states. Thus BLM’s grazing fees are well under the market price. In addition, BLM performs range management programs such as chaining, controlling prairie dogs, predator control programs, and herbicides. The elimination of these subsidies would more than compensate for any raise in the price of beef stemming from the reduction or elimination of cattle from public lands.
BLM has a duty to care for these lands. Congress mandated that BLM manage its lands for “multiple use and sustained yield.” FLPMA § 1732(a). This is not happening. Congress also stated that BLM “shall take any action necessary to prevent unnecessary or undue degradation of the lands.” FLPMA § 1732(a). It is noteworthy that among all the land management agencies, only FLPMA has this authority. BLM is failing to achieve its mission and hemorrhaging federal funds in the process. The courts have deferred to BLM “expertise” no matter how shoddy. Judicial review of BLM decisions is nonexistent because western district judges refuse to be “range masters” and consider eliminating grazing on federal land “unthinkable.” NRDC v. Hodel (D. Nev. 1985).
History, myth, and a strong lobby have granted large ranch operators a stranglehold on public lands. Their cattle grazing wastes water, wastes money, and destroys priceless environmental resources. Ranchers argue that they know how to care for rangeland better than anyone, and they probably do. While they practice sustainable grazing on their own ranges, however, clear scientific data show that these ranch operators abuse public rangelands mercilessly. The history of public rangeland is a tragedy of the commons. It is time for BLM to do its job.
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