Grazing fee protest may have long-term impact
Harney County rancher Travis Williams says he’s “riding the fence” on a recent anti-government proposal to stop paying fees for grazing on public lands.
Armed protesters occupying the Malheur National Wildlife Refuge headquarters in Southeast Oregon have urged local ranchers to tear up their grazing contracts with federal agencies to challenge the government’s control over the area.
Williams said he doesn’t support the protesters’ actions, such as removing fences at the refuge, but thinks the grazing fee proposal may be a legitimate form of protest.
“If there’s enough people involved, I think it would work,” he said.
On the other hand, Williams is concerned about how violating grazing contracts with the federal government would affect his two sons and daughter, who hope to run the family ranch someday.
“My actions right now are going to play over to their future,” he said.
The consequences of using federal grazing allotments without paying the required fees can be serious and long-lasting, said Scott Horngren, an attorney with the Western Resources Legal Center who has represented ranchers in grazing lawsuits.
While the penalties would not be criminal, serious breaches of grazing contracts may effectively end a rancher’s ability to release livestock onto public lands. It’s similar to a contractor who has previously defaulted on an agreement and is excluded from bidding on government projects, Horngren said.
“The real risk is they’ll be unable to graze on the allotment for which they’re not paying and it’s possible they could be disqualified from acquiring any allotments in the future,” he said.
Federal agencies may also come after ranchers to collect payments for unpaid grazing fees, he said.
Ranchers and federal agencies usually resolve minor contract disputes without actually voiding such deals, Horngren said. “Breaches happen on both sides.”
Federal officials may not treat one missed payment as a serious issue, but tearing up a contract and refusing to pay at all would probably be considered a material breach, he said.
Members of the armed protest group have cited examples of ranchers refusing to pay grazing fees without consequence, such as Cliven Bundy of Nevada, who continues to graze on public land even though the government claims he owes more than $1 million to the U.S. Bureau of Land Management.
Federal officials backed off from seizing Bundy’s cattle in 2014 after an armed standoff, and his son, Ammon, is currently leading the occupation in Oregon.
Horngren said he’d advise ranchers against relying on that case in their decision-making and instead work through administrative and legal processes if they disagree with restrictions on grazing permits.
“Withholding payment is a risky strategy for a rancher to try to make the point the BLM is not managing the range appropriately,” he said.
Rancher Travis Williams said he’s considering the protesters’ proposal primarily because the money raised by the federal government from grazing fees doesn’t benefit Harney County tax revenues.
If he does withhold grazing fees, Williams said he doesn’t want to “freeload” and instead would make payments into an escrow account, with the money intended for the county.
Though he doesn’t want to jeopardize his ranch, Williams doesn’t believe that ranchers “collaborating” with federal agencies has produced needed changes in land management.
Refusing to pay grazing fees would likely be more effective, he said. “That’s the only way we’re going to get anything done.”
Shawn Mace, president of the Harney County Stockgrowers Association, said his organization does not endorse illegal activity against the federal government, which reflects the view of the Oregon Cattlemen’s Association.
Some ranchers may feel a need to stand against the federal government to protect their way of life, but Mace said it’s unclear what purpose refusing to pay grazing fees would achieve.
Mace said he prefers to concentrate on his job of ranching.
“Public grazing is vital to the survival of Harney County ranchers,” he said. “I don’t see this as a real issue. Why would we bite the hand that feeds us?”