A251 2nd Level
June 7, 2002
John D. Ward, Attorney
40 South Main Street
Sheridan, WY 82801
Dear Mr. Ward:
I conducted a review pursuant to your Second Level Notice of Appeal filed under 36 CFR 251, and dated May 20, 2002 on behalf of term grazing permit holders: Kane Land and Livestock, Inc.; S&R Cattle Company; Sunrise Ranch; and John and Janice Kane. The appeal is with regard to Bighorn National Forest Supervisor William T Bass’ decision to uphold District Ranger Craig Yancey’s cancellation of 30 days of permitted season of use and 20% of the permitted numbers from term grazing permits 02-1154, 02-1931, 02-1603, and 02-1572.
After careful review of the appeal record with respect to the issues that you raised, I find that violations #1 and 2, as outlined in the Forest Supervisor’s letter dated May 7, 2002, occurred during the 2000 grazing season and are not relevant to this decision. I also find that violations #10 and 11occured after the show cause letter was sent to the permittees. These violations were therefore excluded from my decision.
I find that with regard to the remaining violations, as outlined in the Forest Supervisor’s appeal decision dated May 7, 2002, the record clearly indicates the violations did occur and that the permittees were provided with ample opportunity to correct the violations, but failed to correct them.
After a detailed review of the record, I find that the Forest Supervisor conducted a proper and thorough review with regard to these remaining violations. The Forest Supervisor complied with applicable laws, regulations, and policy. I further find that these violations, when considered in their context of a cumulative and repeated nature, provides a solid basis for the Forest Supervisor to uphold District Ranger Yancey’s decision to cancel a portion of the referenced term grazing permits. Therefore, I affirm the decision to cancel 30 days of the permitted season and 20% of the permitted numbers.
This decision is not subject to discretionary review at the Washington Office level per 36 CFR 251.87 (e) (3). This constitutes the final administrative decision.
/s/RICK D. CABLES
RICK D. CABLES
Appeal Reviewing Officer
Cc: William Bass, Forest Supervisor, Bighorn National Forest
Marisue Hilliard, Director, Renewable Natural Resources, Rocky Mountain Region
David L. Wheeler, Rangeland Program Group Leader, Rocky Mountain Region