After 41 days, 25 indictments and one man killed, the armed occupation of a federal wildlife refuge near Burns has come to an end.
The underlying issues of rangeland management, however, won’t be going away anytime soon.
John O’Keeffe, president of the Oregon Cattlemen’s Association, said things are far from perfect between ranchers across the West, the Bureau of Land Management and U.S. Forest Service. Environmental regulations are making it harder to get rangeland improvement projects done quickly. Wildfires are getting bigger and hotter, scorching hundreds of thousands of acres. Noxious weeds continue to spread, choking out native vegetation for grazing.
Yet O’Keeffe was quick to condemn the militants who came mostly from out of state to the Malheur National Wildlife Refuge, where they protested the sentences of Harney County ranchers Dwight and Steven Hammond and called for federal land to be returned to private citizens.
“What happened in Burns is outsiders coming in and occupying a refuge illegally,” O’Keeffe said. “We have a lot of issues to sort out with the agencies, but we absolutely intend to do it through legal channels.”
O’Keeffe runs cattle on about 75,000 acres of public land near the tiny community of Adel in isolated south-central Oregon — an average size family ranch, he says. His operation includes grazing permits with both the BLM and Fremont-Winema National Forest.
Ranchers understand the need to support multiple uses on public land, such as recreation and wildlife habitat, O’Keeffe said. But he worries further restrictions might become too much to take.
“There’s no guarantees,” O’Keeffe said. “Should these government regulations become too burdensome, ranchers could go away. That would create a whole new set of problems.”
The BLM manages grazing permits and leases on roughly 14 million acres in Oregon and Washington. That breaks down to a total of 951,000 permits for the region.
Of those, about 20 belong to Jacob Ferguson.
Ferguson is a rangeland management specialist for BLM Vale District in southeast Oregon. His area encompasses 850,000 acres south of Jordan Valley and east of the Owyhee River. From May through October, he travels usually once per week to visit his permittees and monitor conditions on the ground.
“We try to see it all,” Ferguson said.
Despite only being on the job for two years, Ferguson said he’s developed good relationships with ranchers around the area. He knows most of his permittees on a first-name basis, and they meet regularly in the field to review grazing plans and check forage conditions.
It’s around this time of year when Ferguson said he meets with ranchers to set grazing schedules and add up fees for the coming season. The BLM uses what are known as animal unit months, or AUMs, to determine its grazing fees. AUMs are measured by the amount of forage animals need for one month, and Ferguson said the limits are very strict.
“You can’t authorize more AUMs without (environmental) analysis,” he said.
The BLM recently adjusted its fees to $2.11 per AUM. The Forest Service, which is under the Department of Agriculture as opposed to the Department of the Interior, charges $1.69 per month per cow-calf pair.
Ranchers must also follow specific conditions laid out in their permits, which might include rotating pastures, maintaining fences and protecting vegetative cover for sensitive species like sage grouse.
“Orderly management of the range is our goal,” Ferguson said.
The problem, according to Mark Mackenzie, is not with local rangeland managers like Ferguson. Rather, it’s mismanagement and political pressure up the chain of command.
Mackenzie, who runs 900 head of cattle south of Jordan Valley, is largely dependent on federal AUMs. But with so many layers of new protections, he said local land management is becoming cumbersome. And when a change is needed on the range, he said the agency will likely be taken to court.
“It’s all driven by special interest groups,” Mackenzie said. “We’ve let the management of these resources become commandeered by the courts.”
Mackenzie figures grazing has fallen by about 40 percent since 1960 in the Vale District. Those losses create an economic ripple in small towns like Jordan Valley — population 180 — that threatens their very existence.
Grazing is also a management tool itself, Mackenzie said. Without grazing, grasses can become overgrown and increase the fuel load for large wildfires — like the Soda Fire that spilled over into Oregon from Idaho last year.
The occupation of the wildlife refuge was unfortunate, Mackenzie said, but the militants’ message of local control resonates strongly.
“We need the control of natural resources management back at the local level,” he said. “Let local people have a say in what goes on in their communities and counties.”
Ferguson did say the BLM is trying to be more proactive with fighting rangeland fires in the West. Oregon, Idaho and Nevada are collaborating on a program creating strategic fuel breaks where firefighters can safely fight fires before they get too big and destructive.
“The whole goal is to reduce the size of these fires,” he said.
Andy Bentz, a former Malheur County sheriff and owner of Bentz Solutions in Ontario, agrees the BLM doesn’t have enough flexibility to do proper management. He pointed to lawsuits from environmental groups as what’s hobbling the agency.
“Yelling at the BLM is like yelling at a fireman when your house is on fire,” Bentz said. “They can’t make on-the-ground annual changes, because it opens them up to challenges and litigation.”
Bentz, whose family has ranched in southeast Oregon since 1916, said there is enough local expertise to manage the lands for multiple use. But when the agency tries to adapt to Mother Nature, adjusting seasons or stocking rates, Bentz said it faces another lawsuit. He blamed the Equal Access to Justice Act, which compensates attorney fees if groups can prove their litigation is justified.
“They have to find a way to get flexibility back into management,” Bentz said. “The land continues to deteriorate because the land managers don’t have the flexibility to manage it properly.”
George Wuerthner, Oregon state director for the Western Watersheds Project, said most environmental groups don’t actually have a lot of money to spend on lawsuits, and therefore only the most egregious violations are challenged in court. Just as many others are left ignored, he said.
Wuerthner, who previously worked with the BLM as a botanist in Idaho, said many public lands are negatively impacted by domestic livestock. Water is limited in the desert country of southeast Oregon, yet cattle gravitate toward springs and streams, harming the ecosystem for other animals and fish.
Summer grazing can also put stress on native grasses and allow invasive species like cheat grass to take over, Wuerthner said.
“That’s one of the things squeezing ranchers, in fact,” he said.
Wuerthner said the BLM actually depends on some of these lawsuits to ensure they are following the laws passed by Congress, and not overly influenced by local pressure.
“They’re keeping the agencies honest,” he said.
The Umatilla and Wallowa-Whitman national forests have just shy of 2 million acres of rangeland deemed suitable for grazing. Those forests are also in the midst of 15-year updates to their respective land management plans.
Maura Laverty, range program manager for the two forests, said they have 135 active grazing allotments. She said they have good relationships with their permittees that have helped them come a long way in managing the land responsibly.
“We don’t graze like we use to,” she said. “We’re a lot more conscientious now.”
Currently, the Forest Service is working on environmental reviews for each allotment, which it hopes to finish by 2025. The reviews must take into account endangered fish on each site, as well as wolves which are becoming increasingly established in the northeast corner of the state.
Karl Jensen, a Pilot Rock rancher, runs about 80 of his 300 head of cattle on the Umatilla forest near Ukiah. He said the biggest challenge he’s faced is fencing off his cows away from nearby Five Mile Creek and Sugarbowl Creek, which are home to endangered bull trout and salmon.
Jensen said the Forest Service has been great to work with in both Heppner and Ukiah.
“There’s always regulations that come down from higher up,” he said. “We’re able to work those out and come up with a good management plan.”
O’Keeffe, president of the cattlemen’s association, said good rangeland management must include adequate grazing and a stable supply of forage. Funding and workload remain huge challenges for the BLM, The whole issue has him on edge.
“So far, we’re here and ranching. But the potential is there for it to no longer be workable,” he said. “If that happens, these communities will be trouble, These fires will be uncontrollable. It’s kind of a cumulative effect.”
Ferguson said there are areas they’d like to improve, but it’s not going to happen overnight.
“It’s a slow process,” he said. “We do the best we can.”