Federal and State Lands


Federal and State lands issues are the backbone of Budd-Falen Law Offices. For over 20 years we have been providing legal services to ranchers, farmers, and rural landowners concerned with their interaction with federal and state lands.

Our experience covers all aspects of the federal/private land intersection: federal and state term grazing permit applications, rangeland regulation reform, term grazing permit surcharge fees, grazing categorical exclusions. As well, we provide our clients with exceptional knowledge of the federal administrative appeal process, especially before the Bureau of Land Management and the United States Forest Service concerning term grazing permits.

In addition, we help landowners maneuver through the federal rights-of-way statutes which provide private landowners access to their properties across federal lands.

  1. Term Grazing Permit Renewal
    1. Congressional Testimony Regarding Grazing on National Forest Land by Karen Budd-Falen- April, 1997
    2. BLM Categorical Exclusion Instruction Memo Settlement – September, 2009
    3. Memorandum to Legislative Staff Regarding Proposed Revisions to Grazing Hearings and Appeals Procedures before the BLM and USFS – January, 2011
    4. Letter to Legislative Staff Regarding Renewal of BLM Term Grazing Permits with a Categorical Exclusion – February, 2011
    5. Level the Playing Field: Support the Grazing Improvement Act of 2011 – May, 2011
  2. Grazing Fee Surcharge
    1. BLM Grazing Fee Surcharge – October, 2010
  3. Federal Administrative Appeal Process
    1. BLM Administrative Appeals Flow Chart
    2. Memorandum to Legislative Staff Regarding Proposed Revisions to Grazing Hearings and Appeals Procedures before the BLM and USFS – January, 2011
    3. Level the Playing Field: Support the Grazing Improvement Act of 2011 – May, 2011
  4. National Monuments and Antiquities Act
    1. Double National Monuments – April, 2010
    2. Memorandum Regarding National Landscape Conservation System (NLCS) – February, 2011
  5. County Road Right-of-Way on Federal Lands – RS2477
  6. Ditch Rights-of-Way on Federal Lands – 1866 and 1891 Act
    1. Comparison of Ditch Rights-of-Way Statutes
  7. Freedom of Information Act – FOIA
    1. Sample Freedom of Information Act Request
  8. Escrow Waiver
    1. Judge Protects Rancher’s Privacy Interests – January, 2001

Speaking Engagements

  • Land Use Plan Workshop

    The Northwest Landowners Association (NWLA) will host a Land Use Plan Workshop in cooperation with the Budd-Falen Law Offices LLC on December 6, 2017 at the Grand Hotel in Minot, North Dakota. The workshop, which will be led by Karen Budd-Falen, is meant for county government officials. This workshop will walk you through the process of how to development a land use plan and the reasons to develop a land use plan. You may contact Amy Shelton for more information: northwestlandownersassociation@gmail.com.

    December 6, 2017 | Grand Hotel -- Minot, North Dakota

    Speaker: Karen Budd-Falen


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