The rules for grazing on 155 million acres of public lands are getting overhauled
The new rule cuts public involvement and favors the livestock industry.
By Mark Olalde for ProPublica and Jimmy Tobias for High Country News
This story was originally published by ProPublica and High Country News, and is reprinted here with permission.
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The federal government is rewriting its rules governing ranching on public lands to increase the number of cattle, sheep and other livestock grazing on 155 million acres in the West, an area twice the size of New Mexico.
Public lands grazing is overseen by a nearly century-old system that heavily subsidizes some of the wealthiest Americans while doing little to address its harms to the environment, ProPublica and High Country News found last year.
Even though rangeland management experts say overgrazing has degraded public lands, the new rules being drafted by the U.S. Department of the Interior’s Bureau of Land Management — the first overhaul since 1995 — would instead expand the practice.
The proposed rules would also ratchet back public participation in the agency’s decisions to allow grazing on federal public lands. The BLM’s proposed updates would strictly limit who has a say and when they can object, eliminating many steps where the public has been able to observe and comment on decisions to issue or renew permits.
“They’re clearly trying to reduce involvement of anyone other than ranchers,” said one BLM employee who works on rangeland management.
The BLM did not respond to questions about the proposed regulations, which were released publicly in May and, after a period for public comment, will go back to the agency in mid-July for further review.
In a June news release announcing the action, the agency said it “reflects the Trump administration’s priority to reduce unnecessary regulatory burdens, promote productive working lands and strengthen local economies.”
ProPublica and High Country News spoke to multiple current and former BLM employees to gauge the impact of the proposed regulations. Some, like the BLM staffer who works on rangeland management, requested not to be named because they still are employed by the agency. The employees agreed that the updated regulations offer several concrete benefits, including a requirement that the agency study the ecological impacts of all uses of public lands — from timber harvesting and recreation to mining and oil drilling. The current rules limit such reviews to the livestock industry, where they have uncovered tens of millions of acres of damage due to overgrazing.
The regulations would also allow the BLM to handle low-level violations of grazing regulations more informally, avoiding potentially unnecessary fights between ranchers and regulators; clean up sections of the code that may be at odds with recent court decisions and laws; and offer the agency and ranchers more flexibility in how they manage the range, allowing for quicker decision-making responding to a local ecosystem’s needs.
Tim Canterbury, president of the Public Lands Council, a ranching trade group, in a news release called the update “a massive step forward.”
He said the existing regulations grew from the “cattle free by ’93” movement of the early 1990s that was hostile to ranching and aimed to rid public lands of livestock. “The resulting regulations all but ensured ranchers did not have the flexibility to take full advantage of the scientific and management advances that the industry has made over the last 35 years,” Canterbury said.
Other groups working on rangeland management say the regulations go too far in the opposite direction, tipping the scales toward ranchers. They point to proposals allowing ranchers to continue business as usual if they appeal agency decisions limiting grazing, threatening Native American tribes’ ability to graze bison and enshrining highly subsidized grazing fees. (ProPublica and High Country News found that in 2024 the federal government charged ranchers $284 million below market rate for the use of public lands.)
“We can expect considerably more places where cows and sheep are going to be and more damage,” said Josh Osher, public policy director of the Western Watersheds Project, a conservation group. “I think we see big impacts on wildlife.”
“Back to the Ronald Reagan Years”
The livestock industry influenced the regulatory rewrite from both outside and inside the Interior Department.
The National Cattlemen’s Beef Association and Public Lands Council, two main trade groups, publicly celebrated their meetings with the secretaries of the Interior and Agriculture departments in the spring. Among their agenda items was a memorandum of understanding allowing the trade groups to give guidance to the departments, including on a “Grazing Action Plan” that involved updating regulations.
The groups did not respond to requests for comment. (The Western Landowners Alliance, which represents conservation-minded ranchers and landowners, said it’s still evaluating the regulations.)
Representatives of Native American tribes and conservation groups, meanwhile, told ProPublica and High Country News that the administration offered them no opportunity to provide input on the draft regulations before they were published.
They also take issue with the process due to the involvement of Karen Budd-Falen, a high-ranking official in the Interior Department and a long-time grazing advocate whose family is in the ranching business. She served in the first Trump administration and was barred from discussing grazing policy due to potential conflicts of interest. But after rejoining the department, she received an ethics waiver allowing her to work on grazing policy.
In December, Budd-Falen participated in a discussion about public lands management with Republican Sen. Cynthia Lummis of Wyoming. During that event, Budd-Falen called grazing regulations the issue that “probably was the closest to my heart” and gave a rare view into the effort to update them.
“You want to know what put the public ranchland out of business — it was Bruce Babbitt’s regulations,” she told Lummis, referring to President Bill Clinton’s Interior secretary from 1993 to 2001. “By the first of next year, you will see fully new regulations that don’t just fix a few of the Babbitt things. We went back to the Ronald Reagan years and are putting back in those regs.”
“I am so excited about these regulations,” she said.
Native American tribes that manage bison herds say Budd-Falen’s efforts to aid ranchers could hurt their operations. Several rancher and stock grower associations in Montana, which at one time were represented by Budd-Falen, have railed against a conservation group called American Prairie that uses permits to graze bison herds to revitalize local ecosystems. The ranchers worry this will cost them subsidized leases and that the bison could spread disease to their cattle.
The Trump administration has sided with the ranchers in the dispute — first by revoking American Prairie’s permits and then by redrafting grazing regulations to mandate public lands livestock operations be “production-oriented,” potentially eliminating permits for herds used to revitalize ecosystems. Tribes fear they too could lose permits for the bison herds they manage to preserve cultural practices or restore the land.
“We’re really concerned about this,” said OJ Semans Sr., a member of the Rosebud Sioux Tribe and executive director of the Coalition of Large Tribes, which represents more than 15 tribes. “I’m just kind of confused about how badly it was written.”
Less Public Input, More Public Lands Grazing
Ranchers have long complained that conservationists are quick to sue to prevent them from placing their herds on public lands, miring their businesses in litigation. The BLM’s updates would reduce green groups’ ability to challenge decisions.
The agency proposes changing the definition of “interested public,” meaning those who have a say in rangeland management. Under the new proposal, the public would have to prove a “cognizable” interest in the grazing in question. The agency did not respond to a request to define its use of the word. But a former BLM higher-up said that would likely set a higher bar for who gets advance notice of agency decisions and their ability to comment on them. Environmentalists assume it means only those with a business interest would be allowed to influence agency decision making.
The new regulations would also remove a mandate that the BLM include the public in “consultation, cooperation and coordination,” the agency’s process of gathering feedback when preparing to take actions such as authorizing grazing. The update would significantly narrow who must be involved, staff said.
Throughout the regulations, the agency proposed changes that would keep animals on the land.
Mark Squillace, a law professor focused on natural resources at the University of Colorado Law School, noted that if a rancher appeals an unfavorable ruling, it is automatically paused, meaning the rancher can continue the very practices that had been found to be harmful. “That effectively invites everyone to appeal to avoid the decision,” Squillace said. “That is a disaster.”
The new regulations also elevate cows’ status as firefighters, making it easier to place herds on public lands under the justification that they eat vegetation that could become fuel for wildfires.
Nada Culver, deputy director of the BLM during the Biden administration, said that some provisions would make it more difficult for agency staff to tell ranchers to take animals off the land, hindering their ability to address overgrazing. And renewing permits to continue grazing would be even easier under the new regulations, she said.
“The most text in this regulatory proposal is devoted to explaining why the public no longer gets to participate in pretty much every step of the process,” Culver said.
The Trump administration has also prioritized restocking vacant areas, which may be without cows and sheep because they are far from a water source, they need time to recover from wildfire or the agency is attempting to eradicate invasive species. Within months of President Donald Trump returning to the White House, political appointees instructed staff to build lists of every vacant plot that might be eligible for more livestock.
“By the end of next year,” Budd-Falen said in her discussion with Lummis, “every single vacant allotment will be filled by a rancher.”
This is so incredibly short-sighted and cruel on multiple levels