Unless were looking at the contract between the BLM and the ranchers we can only speculate. Were I to lease a part of our ranch I’m under no obligation for improvements. Not only that but your not doing anything other than running the amount of cows we agree on. If you don’t control the head count a leaser will over graze one quick then just move to another ranch when his lease runs out. If you don’t like the rules don’t lease.
If I ran cattle on your land, and you agreed to maintain the perimeter fences - then you’d better do it.
BLM’s enabling legislation states that they are to manage the land for improved grazing, or words to that effect. If a noxious plant was invading that range, then it seems clear that they were not managing the range.
BLM issues conflicting directives, quite often - “we won’t allow you to get rid of the invasive plants. You will be fined for not properly managing the grazing land, and allowing invasive species to grow.” They are also infamous for cutting AUMs for invalid reasons and their representatives tend to be overly arrogant and dismissive with very little practical knowledge of range management. And they will say things like, “if you don’t like it, you can get your cattle off.” Which is a good formula for creating these kinds of situations.
If I leased from you, and you agreed to maintain and manage the graze and forage, then you’d better do what you agreed to do.
The permit fees are designated as “management fees” and the BLM is mandated by Congress to maintain and improve the grazing land.