From: Diem, Michael -FS

To: Marian, Tina A -FS

Cc: Meccariello, Matthew -FS; Diem, Michael -FS
Subject: Ute Mountain Ute Tribe term grazing permit
Date: Monday, July 2, 2018 2:48:07 PM
Attachments: image001.png
image002.png
image003.png
image004.png

Been deliberating on this over the weekend and have come up with a possible framework for moving
forward.  It is not perfect by any means and could use some tweaking by others…   However, I
believe the next step that we need to take is to develop a letter that we will eventually send to the
tribe regarding the impasse that we seem to be in.  We will have the RO and OGC review prior to
sending.  While this will not be a show cause letter, I believe we need to set a timetable for them to
respond with a definitive plan for stocking and completing of improvements that includes specifics
such as: what improvements will be completed by what time; intentions of stocking (phased or
otherwise); specific contacts pertaining to day to day management, overall permit administration,
etc.  May need to define what reasonable timetable means from our perspective as administrators…
 
Some other aspects that need to be incorporated:
·        Need to make reference to the agreement that was signed by both parties and agreement
that the tribe would come up with a plan.  This is the agreement that Allen, GCT and the
Tribe signed.  Use the specific language from the agreement itself.
·        Identify all the efforts that have been made on the part of the USFS to remind them of
agreement obligation over the last several years, any commitments they have made on their
part, and what the results have been of their actions to date after our reminders.
·        Reiterate the responsibilities of a permittee in Parts II and II of the term grazing permit that
pertain to this case (Improvement maintenance, nonuse for personal convenience, etc). 
Highlight details that the Babylon permit was issued based upon a normal procedures for
obtaining a permit (purchase of livestock, base property or both) and not associated with
any existing treaty rights (we need to check on this one definitively).
·        Summarize the history of where we were as an agency prior to signing of the agreement.
·        Identify a plan from the tribe must be produced by a specific day, otherwise, the tribe needs
to give us an alternate date that is reasonable for both parties by that same day.  State that
if we don’t receive anything under these two options, we opt out of all aspects in the
agreement relative to the Babylon C&H allotment.  We will then resume with where we
were prior to signature of the agreement and will resume with cancellationprocedures of the
Babylon portion of the permit. 
 
Hopefully this will set us back on the path for correction.  At some point, we will need to inform
Grand Canyon Trust, as they are a party to the agreement also.  I know GCT has expressed
greater interest in the Gooseberry allotment previously and does not seem to want involvement
in Babylon to the same degree.  That might have changed since a portion of this allotment is
within the Bears Ears National Monument.  Questions, let me know.  I know you are very busy,
but I would like keep this moving to the RO soon.  Let me know if you have questions.  Thanks. 
     
 
Michael Diem
District Ranger
Forest Service
Manti-La Sal National Forest, Moab/Monticello Ranger District
p: 435-636-3341
c: 435-260-1210
f: 435-259-7737
mdiem@fs.fed.us
62 East 100 North
Moab, UT 84532
www.fs.fed.us

Caring for the land and serving people