Public Land and Grazing Permits

LETTERS TO DOI SECRETARY KEN SALAZAR

April 13, 2011

Dear Secretary of Interior Ken Salazar, April 13, 2011

Regards: Meeting in Wyoming to address an “interim agreement” between Permittees and BLM.
Please consider this a formal request for you to come to Wyoming and meet with Granite Mountain Open Grazing Allotment Permittees.
As Secretary of the Interior, you are the only person with authority enough to resolve the critical matter of the Granite Mountain Open Permittee vs. the Lander BLM’s 1993 Interim Agreement.
This is why you must come to Wyoming and meet – in person - with the Permittees.
To give you background on this matter, please find attached: Copies of Interim Agreement, our February 19, 2011 to Lander Field Office (and you), History and Concerns, Mr. Vigil’s response (with our notes highlighted within), letter in Wyoming Livestock Roundup, letter to Scott Fluer, invoice, waived invoice, and correspondence with Jack Kelly.
We find Rubel Vigil’s response did not fully meet our expectations.
It also appears BLM asks Permittees to accrue additional costly delays with no time limits or promise of fair resolution and just compensation.
Secretary Salazar, this matter cannot drag on another month. So please schedule this meeting before May 15, 2011.
Here’s what we expect you, as Secretary of the U.S. Department of Interior, to address:
a) BLM documentation within 2 years either side of 1993 that defined the water, fence and other improvements they intended to co-partner with Permittees.
In exchange for BLM commitments, Permittees agreed to take what they understood would be a temporary cut in AUM’s. Because BLM was remiss in providing Permittees such documentation, did any exist?
b) A written plan that will bring *feral horse numbers down to the maximum number of 250.
d) Please instruct Lander BLM to show documentation as to how they believe they addressed the Human Dimension requirement.
NEPA case law requires consideration of economic consequences and protections of custom and culture known as Human Dimension.
e) Termination of Interim Agreement with retroactive return of each Permittees original Allotment agreements and reinstatement of their AUM’s to reflect accordingly.
Because BLM did not meet with their commitment, we believe said termination and reinstatement to be reasonable and just.
f) Compensation of losses accrued by Permittees.
Federal Grazing Allotment contracts with Permittees give Permittees rights that are considered as private and include water rights, easements, right-of-ways, range improvements, forage rights and other property interests created under Federal Statutory Grants.
The 1976 FLPMA further defines Permittees actually own a compensable private property interest in their grazing allotments.
Compensation should also include forage feral horses have stolen from Permittees; this shall be figured from the point of time feral horses exceeded the 250 number.
For example, in my particular instance, I figure my accrued losses – 1993 to 2011, to be close to $200,000. Each Permittee will have their own loss statement.
We recommend an independent review board, with oversight by Wyoming State Auditor/Treasurer, to review and determine amounts Permittee compensations.
Under your leadership, we expect compensation will be forthcoming.
Secretary Salazar, we feel confident you will honor the original Granite Mountain Open Grazing Allotment contracts, and resolve this manner equitably.
Let us know when you’ve scheduled our meeting. We look forward to accommodating you.
Thank you,
Charles W. Sylvester
cc: Lander Field Office, Permittees, Department of Justice
*BLM incorrectly refers to feral horses as wild.
______________________________________________________________________________________

Proposed Invoice Template

From: ______________________________

To: The U.S. Department of Interior

Attn: Secretary Ken Salazar

Please consider this invoice for services rendered from _____________ to ____________ on lands government considers it owns.

Services rendered include: Development and maintenance of water, food and habitat for wildlife, trail, fence and general land and water upkeep on property that federal alleges it owns.

At a rate of $25.00 per hour X’s 1 hour per day + 365 days =’s $9,125 dollars per year X’s _______ years =’s _______________ due.

I give you this, not in expectation of being paid, but instead so you can get an idea of the services Permittees of Grazing Allotments provide free and on a year around 24-7 basis.

If Permittees were replaced by government employees, I can assure you payroll costs would escalate, and the quality of service would drop.

Thank you,

_________________________________________________________________________________

May 22, 2011

Dear Secretary Salazar, May 22, 2011

Regards: Meeting in Wyoming to address an “interim agreement” with Wyoming Permittees on the Granite Mountain Open Grazing Allotment.
I’ll get right to it.
On May 3, 2011, I advised Curtis Ryan (Lander, WY – Range Con) regarding Granite Mountain Open (GMO) Grazing Allotment, “Don’t take my comments personal. What happened was long before you were involved.” This too…applies to you, Ken.
Back in 1993, officials from the Lander BLM office approached GMO Permittees stating that to improve range conditions, and participate (with BLM) on physical improvements, Permittees should voluntarily give up 45% of permitted Animal Unit Month (AUM). Having worked with our range con, Scott Fluer, for many years, we grew to like and trust him. We could not have speculated that Scott’s superiors in Lander and D.C. would use this good working relationship against us. Unfortunately, over these past eighteen years the speculation has revealed itself as lies and deception. Our cuts, instead, became a way for government to steal our forage, and use it to feed BLM’s feral horses.
The Permittees not only adhered to the 1993 interim agreement of running 55% AUM’s, they further imposed an additional 2% cut, thereby running only 53%. In contrast, BLM ran up to a thousand feral horses, bringing their percentage 300% to 400% over the 250 maximum allotted in 1993 interim agreement.

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Although Curtis staked the claim interim agreement was still in effect, my layperson’s review reveals reasons that beg to differ. Here are reasons why I allege contract deserves to end. Government used its position of power over Permittees; Government refused to do its part by not participating in improvements; Government ran feral horses in excess of the 250 maximum; Government stopped our grazing practices; Government misrepresented intent of agreement; Government did not perform as promised; Government’s interim agreement caused Permittees un-necessary loss of income and forage; Agreement is defined as “interim,” which means “temporary, “or “limited time.” Eighteen years exceeds temporary or limited in time.
Thank you for offering U.S. BLM Director Bob Abbey to come visit Wyoming. The April 27, 2011 correspondence with his assistant, Claudia Walker, was appreciated. Unfortunately, a visit by anyone except you, would further delay ending said agreement; an act only you have authority to execute.
In watching news stories about the predicted starvation of North Koreans, since their government believes financing nuclear weapons is more important than buying tractors for Ag production, I sadly reflect on all the unreasonable obstacles our federal government now imposes on Ag producers, and pray our government is not using North Korea as a model. But remembering the sign on your desk “No Farm No Food,” gives me a bit of hope, for I know you do recognize the importance of agriculture.
Attached is a copy of my April 13, 2011 letter. Acknowledgement of my request for compensation, as stated within, will be appreciated.
Secretary Salazar, this my second formal request for you to come to Wyoming, meet with the Granite Mountain Open Grazing Allotment Permittees, and formally end the 1993 interim agreement. Secretary Salazar, please use your authority as Secretary of the U.S. Department of Interior, to exercise whatever legal methods you have at your disposal, and end this 1993 interim agreement posthaste.
Sincerely,

Charles W. Sylvester
Cc: Lander Field Office, Permittees, Senator Barrasso, Senator Enzi, Congresswoman Lummis, Department of Justice, Governor Matt Mead
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