USDA Forest Service Proposes Comprehensive Modernization of National Forest System Rangeland Management Regulations

The United States Department of Agriculture and its Forest Service division announced a sweeping proposed rulemaking on November 12 2026 to overhaul the regulatory framework governing livestock grazing on National Forest System lands. Published in the Federal Register under RIN 0596-AD75, the proposed amendments seek to modernize grazing administration, codify existing policy, and expand stewardship opportunities across approximately 96 million acres of active allotments.

Background and Regulatory Context

Livestock grazing on the National Forest System is administered under a broad statutory framework that includes the Organic Act of 1897, the Bankhead-Jones Farm Tenant Act of 1937, the Multiple-Use Sustained-Yield Act of 1960, and the Public Rangelands Improvement Act of 1978. The primary substantive regulations found in 36 Code of Federal Regulations part 222 have not undergone comprehensive revision since 1977. While limited adjustments occurred in intervening decades, agency officials determined that outdated provisions no longer reflect contemporary ranching practices, shifting workforce demographics, or the increased frequency of environmental disturbances such as severe drought and wildfire.

The rulemaking effort draws heavily upon the Rangeland Futuring strategic exploration initiative launched in 2021. That initiative involved listening sessions and brainstorming exercises with 17 distinct stakeholder groups, including industry representatives, environmental organizations, federal agencies, Tribal nations, and permittees. Furthermore, the updates align Forest Service administration more closely with Bureau of Land Management policies and incorporate changes stemming from the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015.

Key Proposed Changes

Modernization and Codification of Policy: The proposal incorporates long-standing administrative practices previously housed only within the Forest Service Manual and Handbooks directly into the Code of Federal Regulations. Terminology is updated throughout the part to replace archaic language and standardize delegations to the authorized officer.

Adaptive Disturbance Response: Existing regulations rely on ad hoc, case-by-case decisions via annual operating instructions to manage sudden forage or water reductions caused by drought and wildfire. The proposed rule establishes a formal rangeland disturbance planning and emergency response framework under new sections 222.2(e) and 222.5(d). It also permits grazing flexibility of up to 21 days early or late relative to specified permit dates to assist with fine fuel reduction and climatic fluctuations.

Eligibility and Qualification Adjustments: Recognizing that beginning ranchers and successors frequently utilize leases rather than outright ownership, the rule clarifies that owned or leased base property and livestock qualify for permits. It introduces documented exceptions for successional, mentor, and family arrangements.

Anti-Consolidation Framework: The proposal replaces rigid permit-cap provisions with a criteria-based anti-consolidation framework. Authorized officers gain the discretion to deny applications that would result in excessive accumulation of permits by a single entity or, conversely, create inefficiently small split permits that fragment herd management.

Public Participation and Next Steps

Interested parties, including legal professionals, policymakers, academics, and engaged citizens, have until December 14 2026 to submit written comments on the proposed rule. Submissions may be delivered through the Federal eRulemaking Portal at regulations.gov under identifier RIN 0596-AD75 or via hardcopy mail directed to the Forest Service headquarters in Washington, DC.