1859 March | April 2016

LOCAL HABIT
sound off
Grazing Rights
On January 2, Oregon became headline news. An armed anti-government rancher from Nevada drove up
to Harney County to protest the imprisonment of two ranchers convicted of setting fire to federal land.
Claiming to have received orders from God, Ammon Bundy, along with other armed militia members,
took over the otherwise tranquil Malheur National Wildlife Refuge in protest. Post-standoff, one militiaman
is dead and twenty-five others face felony charges. Many of the people of rural Harney County,
however, were not in lock step with the Bundy-led ideology. Ironically, this area of the country is, in many
ways, the picture of progressive cooperation between locals and federal programs. A rancher whose land
borders the Malheur National Wildlife Refuge explains.
illustration by Karen Eland
Gary Marshall
Co-owner (along with his wife, Georgia) of Broken Circle Company, an organic livestock
ranch which borders the Malheur National Wildlife Refuge
THE USE OF PUBLIC LANDS for grazing
is not a right but rather a permitted landuse
agreement.
The concept of grazing rights descended
from the English concept of the commons,
and has never been codified in United
States law. The perceived rights gained
strength in the early times of our nation, including
during the settling of the West with
its vast amount of open land. In the mid- to
late-nineteenth century, as the population
of the western United States increased,
conflicts occurred as the rangelands deteriorated
with overuse.
In 1934, the Taylor Grazing Act was
passed that “provides for the regulation
of grazing on the public lands to improve
rangeland conditions and regulate their
use.” This act changed an approach to land
treatment that was producing harsh effects
on the resources, as well as human abuses.
It provides for “permitted” use of lands
designated as available for livestock grazing,
which now include Forest Service managed
lands as well as Bureau of Land Management
administered lands.
As a permitted grazer of public lands,
I not only receive the use of the forage
but I also have access to an entire team of
professionals (biologist, ecologists, environmentalist,
monitors, etc.). These individuals
assist in making decisions that move
rangeland health toward mutual objectives
for multi-land use.
If a relationship of trust and open communication
between stakeholders and all
parties involved is established, then plans are
developed—resulting in a healthier ecosystem,
economic growth and happier people.
The best example of cooperation between
local and federal entities is that of the High
Desert Partnership. We have worked collaboratively
for many years to achieve some
good things for Harney County. Among
them is the fifteen-year plan for the Malheur
National Wildlife Refuge (called the
Comprehensive Conservation Plan), a forest
initiative called Harney County Restoration
Collaborative (HCRC) and the Harney
Basin Wetlands Initiative (HBWI).
HBWI has recently been chosen by the
Oregon Watershed Enhancement Board
as a recipient in its Focus Investment
Partnership program. This is a $6 million
grant over three biennium directed toward
improving habitat for migratory birds.
The burden of creating a better outcome
for public land practices and processes
is upon all stakeholders. While there are
ample opportunities for improvement of
federal lands in the West, those problems
cannot be laid upon the practices of permitted
grazing, because in fact, permitting
works very well.
62 1859 OREGON’S MAGAZINE MARCH | APRIL 2016
Karen Eland painted Gary’s portrait with Lights Out Stout from Worthy Brewing in Bend.