**COMPARISON TABLE FOR THE 2006 LIVESTOCK GRAZING RULE CHANGES**

**43 CFR PART 4100 -- GRAZING ADMINSTRATION -- EXCLUSIVE OF ALASKA**

**December, 2005**

+-----------------------------------+-----------------------------------+
| **Current BLM Grazing             | **New BLM Grazing Regulations**   |
| Regulations**                     |                                   |
|                                   | **New wording shown in Red and    |
| **Wording removed shown in Blue   | Bolded**                          |
| and Strikeout**                   |                                   |
+===================================+===================================+
| **Title 43: Public Lands:         |                                   |
| Interior**                        |                                   |
+-----------------------------------+-----------------------------------+
| PART 4100‑‑GRAZING                | PART 4100---GRAZING               |
| ADMINISTRATION\--EXCLUSIVE OF     | ADMINISTRATION---EXCLUSIVE OF     |
| ALASKA                            | ALASKA                            |
|                                   |                                   |
| Subpart 4100‑‑Grazing             | [Subpart 4100---Grazing           |
| Administration‑‑Exclusive of      | Administration---Exclusive of     |
| Alaska; General                   | Alaska;                           |
|                                   | General](http:                    |
| Sec.                              | //ecfr.gpoaccess.gov/cgi/t/text/t |
|                                   | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| 4100.0‑1 Purpose.                 | a570df95fdc24d4a15&rgn=div5&view= |
|                                   | text&node=43:2.1.1.4.88&idno=43#4 |
| 4100.0‑2 Objectives.              | 3:2.1.1.4.88.1%2343:2.1.1.4.88.1) |
|                                   |                                   |
| 4100.0‑3 Authority.               | [§ 4100.0-1                       |
|                                   | Purpose.](http://ecfr.gpoacc      |
| 4100.0‑5 Definitions.             | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4100.0‑7                          | d4a15&rgn=div5&view=text&node=43: |
| Cross~~‑~~reference~~s~~.         | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 1.182.1%2343:2.1.1.4.88.1.182.1)\ |
| 4100.0‑8 Land use plans.          | [§ 4100.0-2                       |
|                                   | Objectives.](http://ecfr.gpoacc   |
| 4100.0-9 Information Collection   | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Subpart 4110‑‑Qualifications and  | d4a15&rgn=div5&view=text&node=43: |
| Preference                        | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 1.182.2%2343:2.1.1.4.88.1.182.2)\ |
| 4110.1 Mandatory qualifications   | [§ 4100.0-3                       |
|                                   | Authority.](http://ecfr.gpoacc    |
| 4110.1‑1 Acquired lands           | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4110.2 Grazing preference         | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| 4110.2‑1 Base property            | 1.182.3%2343:2.1.1.4.88.1.182.3)\ |
|                                   | [§ 4100.0-5                       |
| 4110.2‑2 Specifying ~~permitted   | Definitions.](http://ecfr.gpoacc  |
| use~~                             | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4110.2‑3 Transfer of grazing      | d4a15&rgn=div5&view=text&node=43: |
| preference                        | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 1.182.4%2343:2.1.1.4.88.1.182.4)\ |
| 4110.2‑4 Allotments               | [§ 4100.0-7 Cross                 |
|                                   | reference.](http://ecfr.gpoacc    |
| 4110.3 Changes in ~~permitted     | ess.gov/cgi/t/text/text-idx?c=ecf |
| use~~                             | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| 4110.3‑1 Increasing ~~permitted~~ | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| use                               | 1.182.5%2343:2.1.1.4.88.1.182.5)\ |
|                                   | [§ 4100.0-8 Land use              |
| 4110.3‑2 Decreasing ~~permitted~~ | plans.](http://ecfr.gpoacc        |
| use                               | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4110.3‑3 Implementation           | d4a15&rgn=div5&view=text&node=43: |
| ~~reductions~~ in ~~permitted~~   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| use.                              | 1.182.6%2343:2.1.1.4.88.1.182.6)\ |
|                                   | [§ 4100.0-9 Information           |
| 4110.4 Changes in public land     | collection.](http://ecfr.gpoac    |
| acreage                           | cess.gov/cgi/t/text/text-idx?c=ec |
|                                   | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| 4110.4‑1 Additional land acreage  | 4d4a15&rgn=div5&view=text&node=43 |
|                                   | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
| 4110.4‑2 Decrease in land acreage | .1.182.7%2343:2.1.1.4.88.1.182.7) |
|                                   |                                   |
| 4110.5 Interest of Member of      | [Subpart 4110---Qualifications    |
| Congress.                         | and                               |
|                                   | Preference](http:                 |
| Subpart 4120‑‑Grazing Management. | //ecfr.gpoaccess.gov/cgi/t/text/t |
|                                   | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| 4120.1 \[Reserved\]               | a570df95fdc24d4a15&rgn=div5&view= |
|                                   | text&node=43:2.1.1.4.88&idno=43#4 |
| 4120.2 Allotment management plans | 3:2.1.1.4.88.2%2343:2.1.1.4.88.2) |
| and resource activity plans       |                                   |
|                                   | [**§ 4110.1 Mandatory             |
| 4120.3 Range improvements         | qual                              |
|                                   | ifications.**](http://ecfr.gpoacc |
| 4120.3‑1 Conditions for range     | ess.gov/cgi/t/text/text-idx?c=ecf |
| improvements                      | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| 4120.3‑2 Cooperative range        | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| improvement agreements            | 2.182.1%2343:2.1.1.4.88.2.182.1)\ |
|                                   | [**§ 4110.1-1 Acquired            |
| 4120.3‑3 Range improvement        | lands.**](http://ecfr.gpoacc      |
| permits                           | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4120.3‑4 Standards, design and    | d4a15&rgn=div5&view=text&node=43: |
| stipulations                      | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 2.182.2%2343:2.1.1.4.88.2.182.2)\ |
| 4120.3‑5 Assignment of range      | [**§ 4110.2 Grazing               |
| improvements                      | preference.**](http://ecfr.gpoacc |
|                                   | ess.gov/cgi/t/text/text-idx?c=ecf |
| 4120.3‑6 Removal and compensation | r&sid=9e6eb1b7307b78a570df95fdc24 |
| for loss of range improvements    | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| 4120.3‑7 Contributions            | 2.182.3%2343:2.1.1.4.88.2.182.3)\ |
|                                   | [**§ 4110.2-1 Base                |
| 4120.3-8 Range improvement fund   | property.**](http://ecfr.gpoacc   |
|                                   | ess.gov/cgi/t/text/text-idx?c=ecf |
| 4120.3-9 Water rights for the     | r&sid=9e6eb1b7307b78a570df95fdc24 |
| purpose of livestock grazing on   | d4a15&rgn=div5&view=text&node=43: |
| public lands                      | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 2.182.4%2343:2.1.1.4.88.2.182.4)\ |
| 4120.4 Special rules.             | [**§ 4110.2-2                     |
|                                   | Specifying**](http://ecfr.gpoac   |
| 4120.5 Cooperation                | cess.gov/cgi/t/text/text-idx?c=ec |
|                                   | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| 4120.5-1 Cooperation in           | 4d4a15&rgn=div5&view=text&node=43 |
| management                        | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
|                                   | .2.182.5%2343:2.1.1.4.88.2.182.5) |
| 4120.5-2 Cooperation with State,  | grazing preference**.**\          |
| county, and Federal agencies      | [**§ 4110.2-3 Transfer of grazing |
|                                   | preference.**](http://ecfr.gpoacc |
| Subpart 4130‑‑Authorizing Grazing | ess.gov/cgi/t/text/text-idx?c=ecf |
| Use                               | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| 4130.1 Applications               | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 2.182.6%2343:2.1.1.4.88.2.182.6)\ |
| 4130.1-1 Filing Applications      | [**§ 4110.2-4                     |
|                                   | Allotments.**](http://ecfr.gpoacc |
| 4130.1‑2 Conflicting applications | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4130.2 Grazing permits or leases  | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| 4130.3 Terms and conditions       | 2.182.7%2343:2.1.1.4.88.2.182.7)\ |
|                                   | [**§ 4110.3 Changes               |
| 4130.3-1 Mandatory terms and      | in**](http://ecfr.gpoac           |
| conditions                        | cess.gov/cgi/t/text/text-idx?c=ec |
|                                   | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| 4130.3-2 Other terms and          | 4d4a15&rgn=div5&view=text&node=43 |
| conditions                        | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
|                                   | .2.182.8%2343:2.1.1.4.88.2.182.8) |
| 4130.3-3 Modification of permits  | grazing preference**.**\          |
| or leases                         | [**§ 4110.3-1                     |
|                                   | Increasing**](http://ecfr.gpoac   |
| 4130.4 ~~Approval~~ of changes in | cess.gov/cgi/t/text/text-idx?c=ec |
| grazing use within the terms and  | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| conditions of permits and leases  | 4d4a15&rgn=div5&view=text&node=43 |
|                                   | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
| 4130.5 Free‑use grazing permits   | .2.182.9%2343:2.1.1.4.88.2.182.9) |
|                                   | active **use.**\                  |
| 4130.6 Other grazing              | [**§ 4110.3-2                     |
| authorizations                    | Decreasing**](http://ecfr.gpoacce |
|                                   | ss.gov/cgi/t/text/text-idx?c=ecfr |
| 4130.6-1 Exchange‑of‑use grazing  | &sid=9e6eb1b7307b78a570df95fdc24d |
| agreements                        | 4a15&rgn=div5&view=text&node=43:2 |
|                                   | .1.1.4.88&idno=43#43:2.1.1.4.88.2 |
| 4130.6-2 Nonrenewable grazing     | .182.10%2343:2.1.1.4.88.2.182.10) |
| permits and leases                | active **use**.\                  |
|                                   | [**§ 4110.3-3                     |
| 4130.6-3 Crossing permits         | Im                                |
|                                   | plementing**](http://ecfr.gpoacce |
| 4130.6-4 Special grazing permits  | ss.gov/cgi/t/text/text-idx?c=ecfr |
| or leases                         | &sid=9e6eb1b7307b78a570df95fdc24d |
|                                   | 4a15&rgn=div5&view=text&node=43:2 |
| 4130.7 Ownership and              | .1.1.4.88&idno=43#43:2.1.1.4.88.2 |
| identification of livestock       | .182.11%2343:2.1.1.4.88.2.182.11) |
|                                   | changes **in** active **use.**\   |
| 4130.8 Fees                       | [**§ 4110.4 Changes in public     |
|                                   | land                              |
| 4130.8-1 Payment of fees          | acreage.**](http://ecfr.gpoacces  |
|                                   | s.gov/cgi/t/text/text-idx?c=ecfr& |
| 4130.8-2 Refunds                  | sid=9e6eb1b7307b78a570df95fdc24d4 |
|                                   | a15&rgn=div5&view=text&node=43:2. |
| 4130.8-3 Service charge           | 1.1.4.88&idno=43#43:2.1.1.4.88.2. |
|                                   | 182.12%2343:2.1.1.4.88.2.182.12)\ |
| 4130.9 Pledge of permits or       | [**§ 4110.4-1 Additional land     |
| leases as security for loans.     | acreage.**](http://ecfr.gpoacces  |
|                                   | s.gov/cgi/t/text/text-idx?c=ecfr& |
| Subpart 4140‑‑Prohibited Acts     | sid=9e6eb1b7307b78a570df95fdc24d4 |
|                                   | a15&rgn=div5&view=text&node=43:2. |
| 4140.1 Acts prohibited on public  | 1.1.4.88&idno=43#43:2.1.1.4.88.2. |
| lands.                            | 182.13%2343:2.1.1.4.88.2.182.13)\ |
|                                   | [**§ 4110.4-2 Decrease in land    |
| Subpart 4150‑‑Unauthorized        | acreage.**](http://ecfr.gpoacces  |
| Grazing Use                       | s.gov/cgi/t/text/text-idx?c=ecfr& |
|                                   | sid=9e6eb1b7307b78a570df95fdc24d4 |
| 4150.1 Violations                 | a15&rgn=div5&view=text&node=43:2. |
|                                   | 1.1.4.88&idno=43#43:2.1.1.4.88.2. |
| 4150.2 Notice and order to remove | 182.14%2343:2.1.1.4.88.2.182.14)\ |
|                                   | [**§ 4110.5 Interest of Member of |
| 4150.3 Settlement                 | Congress.**](http://ecfr.gpoacce  |
|                                   | ss.gov/cgi/t/text/text-idx?c=ecfr |
| 4150.4 Impoundment and disposal   | &sid=9e6eb1b7307b78a570df95fdc24d |
|                                   | 4a15&rgn=div5&view=text&node=43:2 |
| 4150.4‑1 Notice of intent to      | .1.1.4.88&idno=43#43:2.1.1.4.88.2 |
| impound                           | .182.15%2343:2.1.1.4.88.2.182.15) |
|                                   |                                   |
| 4150.4‑2 Impoundment              | [Subpart 4120---Grazing           |
|                                   | Management](http:                 |
| 4150.4‑3 Notice of public sale    | //ecfr.gpoaccess.gov/cgi/t/text/t |
|                                   | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| 4150.4‑4 Redemption               | a570df95fdc24d4a15&rgn=div5&view= |
|                                   | text&node=43:2.1.1.4.88&idno=43#4 |
| 4150.4‑5 Sale.                    | 3:2.1.1.4.88.3%2343:2.1.1.4.88.3) |
|                                   |                                   |
| Subpart 4160‑‑Administrative      | [§ 4120.1                         |
| Remedies                          | \[Reserved\]](http://ecfr.gpoacc  |
|                                   | ess.gov/cgi/t/text/text-idx?c=ecf |
| 4160.1 Proposed decisions         | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| 4160.2 Protests                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 3.182.1%2343:2.1.1.4.88.3.182.1)\ |
| 4160.3 Final decisions            | [§ 4120.2 Allotment management    |
|                                   | plans and resource activity       |
| 4160.4 Appeals.                   | plans.](http://ecfr.gpoacc        |
|                                   | ess.gov/cgi/t/text/text-idx?c=ecf |
| Subpart 4170‑‑Penalties           | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| 4170.1 Civil penalties            | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 3.182.2%2343:2.1.1.4.88.3.182.2)\ |
| 4170.1‑1 Penalty for violations   | [§ 4120.3 Range                   |
|                                   | improvements.](http://ecfr.gpoacc |
| 4170.1‑2 Failure to use           | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 4170.2 Penal provisions           | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| 4170.2‑1 Penal provisions under   | 3.182.3%2343:2.1.1.4.88.3.182.3)\ |
| the Taylor Grazing Act            | [§ 4120.3-1 Conditions for range  |
|                                   | improvements.](http://ecfr.gpoacc |
| 4170.2‑2 Penal provisions under   | ess.gov/cgi/t/text/text-idx?c=ecf |
| the Federal Land Policy and       | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Management Act.                   | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| Subpart 4180\--Fundamentals of    | 3.182.4%2343:2.1.1.4.88.3.182.4)\ |
| Rangeland Health and Standards    | [§ 4120.3-2 Cooperative range     |
| and Guidelines for Grazing        | improvement                       |
| Administration                    | agreements.](http://ecfr.gpoacc   |
|                                   | ess.gov/cgi/t/text/text-idx?c=ecf |
| 4180.1 Fundamentals of rangeland  | r&sid=9e6eb1b7307b78a570df95fdc24 |
| health                            | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| 4180.2 Standards and guidelines   | 3.182.5%2343:2.1.1.4.88.3.182.5)\ |
| for grazing administration        | [§ 4120.3-3 Range improvement     |
|                                   | permits.](http://ecfr.gpoacc      |
| Subpart 4190 \-- Effect of        | ess.gov/cgi/t/text/text-idx?c=ecf |
| Wildfire Management Decisions     | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| §4190.1 Effect of wildfire        | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| management decisions              | 3.182.6%2343:2.1.1.4.88.3.182.6)\ |
|                                   | [§ 4120.3-4 Standards, design and |
| Authority: 43 U.S.C. 315,         | stipulations.](http://ecfr.gpoacc |
| 315a‑315r, 1181d, 1740.           | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Source: [\[NOT PROVIDED IN THIS   | d4a15&rgn=div5&view=text&node=43: |
| REPRODUCTION - SEE THE **Code of  | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| Federal                           | 3.182.7%2343:2.1.1.4.88.3.182.7)\ |
| Regulations**\]]{.smallcaps}      | [§ 4120.3-5 Assignment of range   |
|                                   | improvements.](http://ecfr.gpoacc |
| Subpart 4100‑‑Grazing             | ess.gov/cgi/t/text/text-idx?c=ecf |
| Administration‑‑Exclusive of      | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Alaska; General                   | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| Sec. 4100.0‑1 Purpose.            | 3.182.8%2343:2.1.1.4.88.3.182.8)\ |
|                                   | [§ 4120.3-6 Removal and           |
| The purpose is to provide uniform | compensation for loss of range    |
| guidance for administration of    | improvements.](http://ecfr.gpoacc |
| grazing on the public lands       | ess.gov/cgi/t/text/text-idx?c=ecf |
| exclusive of Alaska.              | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| Sec. 4100.0‑2 Objectives.         | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 3.182.9%2343:2.1.1.4.88.3.182.9)\ |
| The objectives of these           | [§ 4120.3-7                       |
| regulations are to promote        | Con                               |
| healthy sustainable rangeland     | tributions.](http://ecfr.gpoacces |
| ecosystems; to accelerate         | s.gov/cgi/t/text/text-idx?c=ecfr& |
| restoration and improvement of    | sid=9e6eb1b7307b78a570df95fdc24d4 |
| public rangelands to properly     | a15&rgn=div5&view=text&node=43:2. |
| functioning conditions; to        | 1.1.4.88&idno=43#43:2.1.1.4.88.3. |
| promote the orderly use,          | 182.10%2343:2.1.1.4.88.3.182.10)\ |
| improvement and development of    | [§ 4120.3-8 Range improvement     |
| the public lands; to establish    | fund.](http://ecfr.gpoacces       |
| efficient and effective           | s.gov/cgi/t/text/text-idx?c=ecfr& |
| administration of grazing of      | sid=9e6eb1b7307b78a570df95fdc24d4 |
| public rangelands; and to provide | a15&rgn=div5&view=text&node=43:2. |
| for the sustainability of the     | 1.1.4.88&idno=43#43:2.1.1.4.88.3. |
| western livestock industry and    | 182.11%2343:2.1.1.4.88.3.182.11)\ |
| communities that are dependent    | [§ 4120.3-9 Water rights for the  |
| upon productive, healthy public   | purpose of livestock grazing on   |
| rangelands. These objectives      | public                            |
| ~~shall~~ be realized in a manner | lands.](http://ecfr.gpoacces      |
| ~~that is~~ consistent with land  | s.gov/cgi/t/text/text-idx?c=ecfr& |
| use plans, multiple use,          | sid=9e6eb1b7307b78a570df95fdc24d4 |
| sustained yield, environmental    | a15&rgn=div5&view=text&node=43:2. |
| values, economic and other        | 1.1.4.88&idno=43#43:2.1.1.4.88.3. |
| objectives stated in ~~43 CFR     | 182.12%2343:2.1.1.4.88.3.182.12)\ |
| part 1720, subpart 1725;~~ the    | [§ 4120.4 Special                 |
| Taylor Grazing Act of June 28,    | rules.](http://ecfr.gpoacces      |
| 1934, as amended (43 U.S.C. 315,  | s.gov/cgi/t/text/text-idx?c=ecfr& |
| 315a‑315r); section 102 of the    | sid=9e6eb1b7307b78a570df95fdc24d4 |
| Federal Land Policy Management    | a15&rgn=div5&view=text&node=43:2. |
| Act of 1976 (43 U.S.C. 17~~40~~). | 1.1.4.88&idno=43#43:2.1.1.4.88.3. |
|                                   | 182.13%2343:2.1.1.4.88.3.182.13)\ |
| Sec. 4100.0‑3 Authority.          | [§ 4120.5                         |
|                                   | C                                 |
| \(a\) The Taylor Grazing Act of   | ooperation.](http://ecfr.gpoacces |
| June 28, 1934 as amended (43      | s.gov/cgi/t/text/text-idx?c=ecfr& |
| U.S.C. 315, 315a through 315r);   | sid=9e6eb1b7307b78a570df95fdc24d4 |
|                                   | a15&rgn=div5&view=text&node=43:2. |
| \(b\) The Federal Land Policy and | 1.1.4.88&idno=43#43:2.1.1.4.88.3. |
| Management Act of 1976 (43 U.S.C. | 182.14%2343:2.1.1.4.88.3.182.14)\ |
| 1701 et seq.) as amended by the   | [§ 4120.5-1 Cooperation in        |
| Public Rangelands Improvement Act | management.](http://ecfr.gpoacces |
| of 1978 (43 U.S.C. 1901 et seq.); | s.gov/cgi/t/text/text-idx?c=ecfr& |
|                                   | sid=9e6eb1b7307b78a570df95fdc24d4 |
| \(c\) Executive orders transfer   | a15&rgn=div5&view=text&node=43:2. |
| land acquired under the           | 1.1.4.88&idno=43#43:2.1.1.4.88.3. |
| Bankhead‑Jones Farm Tenant Act of | 182.15%2343:2.1.1.4.88.3.182.15)\ |
| July 22, 1937, as amended (7      | [§ 4120.5-2 Cooperation           |
| U.S.C. 1012), to the Secretary    | with](http://ecfr.gpoacce         |
| and authorize administration      | ss.gov/cgi/t/text/text-idx?c=ecfr |
| under the Taylor Grazing Act.     | &sid=9e6eb1b7307b78a570df95fdc24d |
|                                   | 4a15&rgn=div5&view=text&node=43:2 |
| \(d\) Section 4 of the ~~O&C~~    | .1.1.4.88&idno=43#43:2.1.1.4.88.3 |
| Act of August 28, 1937 (43 U.S.C. | .182.16%2343:2.1.1.4.88.3.182.16) |
| 118~~(~~d));                      | **Tribal, s**tate, county, and    |
|                                   | Federal agencies.                 |
| \(e\) The Public Rangelands       |                                   |
| Improvement Act of 1978 (43       | [Subpart 4130---Authorizing       |
| U.S.C. 1901 et seq.); and         | Grazing                           |
|                                   | Use](http:                        |
| \(f\) Public land orders,         | //ecfr.gpoaccess.gov/cgi/t/text/t |
| Executive orders, and agreements  | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| authorize the Secretary to        | a570df95fdc24d4a15&rgn=div5&view= |
| administer livestock grazing on   | text&node=43:2.1.1.4.88&idno=43#4 |
| specified lands under the Taylor  | 3:2.1.1.4.88.4%2343:2.1.1.4.88.4) |
| Grazing Act or other authority as |                                   |
| specified.                        | [§ 4130.1                         |
|                                   | Applications.](http://ecfr.gpoacc |
| Sec. 4100.0‑5 Definitions.        | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Whenever used in this part,       | d4a15&rgn=div5&view=text&node=43: |
| unless the context otherwise      | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| requires, the following           | 4.182.1%2343:2.1.1.4.88.4.182.1)\ |
| definitions apply:                | [§ 4130.1-1 Filing                |
|                                   | applications.](http://ecfr.gpoacc |
| The \"Act\" means the Taylor      | ess.gov/cgi/t/text/text-idx?c=ecf |
| Grazing Act of June 28, 1934, as  | r&sid=9e6eb1b7307b78a570df95fdc24 |
| amended (43 U.S.C. 315,           | d4a15&rgn=div5&view=text&node=43: |
| 315a‑315r).                       | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 4.182.2%2343:2.1.1.4.88.4.182.2)\ |
| \"Active use\" means ~~the        | [§ 4130.1-2 Conflicting           |
| current authorized use, including | applications.](http://ecfr.gpoacc |
| livestock grazing and             | ess.gov/cgi/t/text/text-idx?c=ecf |
| conservation use. Active use may  | r&sid=9e6eb1b7307b78a570df95fdc24 |
| constitute a portion, or all, of  | d4a15&rgn=div5&view=text&node=43: |
| permitted use. Active use does    | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| not include temporary nonuse or   | 4.182.3%2343:2.1.1.4.88.4.182.3)\ |
| suspended use of forage within    | [§ 4130.2 Grazing permits or      |
| all or a portion of an            | leases.](http://ecfr.gpoacc       |
| allotment.~~                      | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| \"Activity plan\" means a plan    | d4a15&rgn=div5&view=text&node=43: |
| for managing a resource use or    | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| value to achieve specific         | 4.182.4%2343:2.1.1.4.88.4.182.4)\ |
| objectives. For example, an       | [§ 4130.3 Terms and               |
| allotment management plan is an   | conditions.](http://ecfr.gpoacc   |
| activity plan for managing        | ess.gov/cgi/t/text/text-idx?c=ecf |
| livestock grazing use to improve  | r&sid=9e6eb1b7307b78a570df95fdc24 |
| or maintain rangeland conditions. | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| \"Actual use\" means where, how   | 4.182.5%2343:2.1.1.4.88.4.182.5)\ |
| many, what kind or class of       | [§ 4130.3-1 Mandatory terms and   |
| livestock, and how long livestock | conditions.](http://ecfr.gpoacc   |
| graze on an allotment, or on a    | ess.gov/cgi/t/text/text-idx?c=ecf |
| portion or pasture of an          | r&sid=9e6eb1b7307b78a570df95fdc24 |
| allotment.                        | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| \"Actual use report\" means a     | 4.182.6%2343:2.1.1.4.88.4.182.6)\ |
| report of the actual livestock    | [§ 4130.3-2 Other terms and       |
| grazing use submitted by the      | conditions.](http://ecfr.gpoacc   |
| permittee or lessee.              | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| \"Affiliate\" means an entity or  | d4a15&rgn=div5&view=text&node=43: |
| person that controls, is          | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| controlled by, or is under common | 4.182.7%2343:2.1.1.4.88.4.182.7)\ |
| control with, an applicant,       | [§ 4130.3-3 Modification of       |
| permittee or lessee. The term     | permits or                        |
| \"control\" means having any      | leases.](http://ecfr.gpoacc       |
| relationship which gives an       | ess.gov/cgi/t/text/text-idx?c=ecf |
| entity or person authority        | r&sid=9e6eb1b7307b78a570df95fdc24 |
| directly or indirectly to         | d4a15&rgn=div5&view=text&node=43: |
| determine the manner in which an  | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| applicant, permittee or lessee    | 4.182.8%2343:2.1.1.4.88.4.182.8)\ |
| conducts grazing operations.      | [§ 4130.4](http://ecfr.gpoac      |
|                                   | cess.gov/cgi/t/text/text-idx?c=ec |
| \"Allotment\" means an area of    | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| land designated and managed for   | 4d4a15&rgn=div5&view=text&node=43 |
| grazing of livestock.             | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
|                                   | .4.182.9%2343:2.1.1.4.88.4.182.9) |
| \"Allotment management plan       | **Authorization** of              |
| (AMP)\" means a documented        | **temporary** changes in grazing  |
| program developed as an activity  | use within the terms and          |
| plan, consistent with the         | conditions of permits and         |
| definition at 43 U.S.C. 1702(k),  | leases**, including temporary     |
| that focuses on, and contains the | nonuse**.\                        |
| necessary instructions for, the   | [§ 4130.5 Free-use grazing        |
| management of livestock grazing   | permits.](http://ecfr.gpoacces    |
| on specified public lands to meet | s.gov/cgi/t/text/text-idx?c=ecfr& |
| resource condition, sustained     | sid=9e6eb1b7307b78a570df95fdc24d4 |
| yield, multiple use, economic and | a15&rgn=div5&view=text&node=43:2. |
| other objectives.                 | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
|                                   | 182.10%2343:2.1.1.4.88.4.182.10)\ |
| \"Animal unit month (AUM)\" means | [§ 4130.6 Other grazing           |
| the amount of forage necessary    | auth                              |
| for the sustenance of one cow or  | orizations.](http://ecfr.gpoacces |
| its equivalent for a period of 1  | s.gov/cgi/t/text/text-idx?c=ecfr& |
| month.                            | sid=9e6eb1b7307b78a570df95fdc24d4 |
|                                   | a15&rgn=div5&view=text&node=43:2. |
| \"Annual rangelands\" means those | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| designated areas in which         | 182.11%2343:2.1.1.4.88.4.182.11)\ |
| livestock forage production is    | [§ 4130.6-1 Exchange-of-use       |
| primarily attributable to annual  | grazing                           |
| plants and varies greatly from    | agreements.](http://ecfr.gpoacces |
| year to year.                     | s.gov/cgi/t/text/text-idx?c=ecfr& |
|                                   | sid=9e6eb1b7307b78a570df95fdc24d4 |
| \"Authorized officer\" means any  | a15&rgn=div5&view=text&node=43:2. |
| person authorized by the          | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| Secretary to administer           | 182.12%2343:2.1.1.4.88.4.182.12)\ |
| regulations in this part.         | [§ 4130.6-2 Nonrenewable grazing  |
|                                   | permits and                       |
| \"Base property\" means: (1) Land | leases.](http://ecfr.gpoacces     |
| that has the capability to        | s.gov/cgi/t/text/text-idx?c=ecfr& |
| produce crops or forage that can  | sid=9e6eb1b7307b78a570df95fdc24d4 |
| be used to support authorized     | a15&rgn=div5&view=text&node=43:2. |
| livestock for a specified period  | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| of the year, or (2) water that is | 182.13%2343:2.1.1.4.88.4.182.13)\ |
| suitable for consumption by       | [§ 4130.6-3 Crossing              |
| livestock and is available and    | permits.](http://ecfr.gpoacces    |
| accessible, to the authorized     | s.gov/cgi/t/text/text-idx?c=ecfr& |
| livestock when the public lands   | sid=9e6eb1b7307b78a570df95fdc24d4 |
| are used for livestock grazing.   | a15&rgn=div5&view=text&node=43:2. |
|                                   | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| \"Cancelled or cancellation\"     | 182.14%2343:2.1.1.4.88.4.182.14)\ |
| means a permanent termination of  | [§ 4130.6-4 Special grazing       |
| a grazing permit or grazing lease | permits or                        |
| and grazing preference, or        | leases.](http://ecfr.gpoacces     |
| free‑use grazing permit or other  | s.gov/cgi/t/text/text-idx?c=ecfr& |
| grazing authorization, in whole   | sid=9e6eb1b7307b78a570df95fdc24d4 |
| or in part.                       | a15&rgn=div5&view=text&node=43:2. |
|                                   | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| \"Class of livestock\" means ages | 182.15%2343:2.1.1.4.88.4.182.15)\ |
| and/or sex groups of a kind of    | [§ 4130.7 Ownership and           |
| livestock.                        | identification of                 |
|                                   | livestock.](http://ecfr.gpoacces  |
| ~~\"Conservation use\" means an   | s.gov/cgi/t/text/text-idx?c=ecfr& |
| activity, excluding livestock     | sid=9e6eb1b7307b78a570df95fdc24d4 |
| grazing, on all or a portion of   | a15&rgn=div5&view=text&node=43:2. |
| an allotment for purposes of\--~~ | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
|                                   | 182.16%2343:2.1.1.4.88.4.182.16)\ |
| ~~(1) Protecting the land and its | [§ 4130.8                         |
| resources from destruction or     | Fees.](http://ecfr.gpoacces       |
| unnecessary injury;~~             | s.gov/cgi/t/text/text-idx?c=ecfr& |
|                                   | sid=9e6eb1b7307b78a570df95fdc24d4 |
| ~~(2) Improving rangeland         | a15&rgn=div5&view=text&node=43:2. |
| conditions; or~~                  | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
|                                   | 182.17%2343:2.1.1.4.88.4.182.17)\ |
| ~~(3) Enhancing resource values,  | [§ 4130.8-1 Payment of            |
| uses, or functions.~~             | fees.](http://ecfr.gpoacces       |
|                                   | s.gov/cgi/t/text/text-idx?c=ecfr& |
| \"Consultation, cooperation, and  | sid=9e6eb1b7307b78a570df95fdc24d4 |
| coordination\" means interaction  | a15&rgn=div5&view=text&node=43:2. |
| for the purpose of obtaining      | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| advice, or exchanging opinions on | 182.18%2343:2.1.1.4.88.4.182.18)\ |
| issues, plans, or management      | [§ 4130.8-2                       |
| actions.                          | Refunds.](http://ecfr.gpoacces    |
|                                   | s.gov/cgi/t/text/text-idx?c=ecfr& |
| \"Control\" means being           | sid=9e6eb1b7307b78a570df95fdc24d4 |
| responsible for and providing     | a15&rgn=div5&view=text&node=43:2. |
| care and management of base       | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| property and/or livestock.        | 182.19%2343:2.1.1.4.88.4.182.19)\ |
|                                   | [§ 4130.8-3 Service               |
| \"District\" means the specific   | charge.](http://ecfr.gpoacces     |
| area of public lands administered | s.gov/cgi/t/text/text-idx?c=ecfr& |
| by a District Manager.            | sid=9e6eb1b7307b78a570df95fdc24d4 |
|                                   | a15&rgn=div5&view=text&node=43:2. |
| \"Ephemeral rangelands\" means    | 1.1.4.88&idno=43#43:2.1.1.4.88.4. |
| areas of the Hot Desert Biome     | 182.20%2343:2.1.1.4.88.4.182.20)\ |
| (Region) that do not consistently | [§ 4130.9 Pledge of permits or    |
| produce enough forage to sustain  | leases as security for            |
| a livestock operation but ~~may   | loans.](http://ecfr.gpoacce       |
| briefly~~ produce ~~unusual       | ss.gov/cgi/t/text/text-idx?c=ecfr |
| volumes of~~ forage to            | &sid=9e6eb1b7307b78a570df95fdc24d |
| accommodate livestock grazing.    | 4a15&rgn=div5&view=text&node=43:2 |
|                                   | .1.1.4.88&idno=43#43:2.1.1.4.88.4 |
| \"Grazing district\" means the    | .182.21%2343:2.1.1.4.88.4.182.21) |
| specific area within which the    |                                   |
| public lands are administered     | [Subpart 4140---Prohibited        |
| under section 3 of the Act.       | Acts](http:                       |
| Public lands outside grazing      | //ecfr.gpoaccess.gov/cgi/t/text/t |
| district boundaries are           | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| administered under section 15 of  | a570df95fdc24d4a15&rgn=div5&view= |
| the Act.                          | text&node=43:2.1.1.4.88&idno=43#4 |
|                                   | 3:2.1.1.4.88.5%2343:2.1.1.4.88.5) |
| \"Grazing fee year\" means the    |                                   |
| year, used for billing purposes,  | [§ 4140.1 Acts prohibited on      |
| which begins on March 1, of a     | public                            |
| given year and ends on the last   | lands.](http://ecfr.gpoac         |
| day of February of the following  | cess.gov/cgi/t/text/text-idx?c=ec |
| year.                             | fr&sid=9e6eb1b7307b78a570df95fdc2 |
|                                   | 4d4a15&rgn=div5&view=text&node=43 |
| \"Grazing lease\" means a         | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
| document authoriz~~ing~~ use of   | .5.182.1%2343:2.1.1.4.88.5.182.1) |
| the public lands ~~outside an     |                                   |
| established grazing district~~.   | [Subpart 4150---Unauthorized      |
| Grazing lease~~s~~ speci~~fy all  | Grazing                           |
| authorized use including          | Use](http:                        |
| livestock grazing, suspended use, | //ecfr.gpoaccess.gov/cgi/t/text/t |
| and conservation use. Leases      | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| specify the total number of AUMs  | a570df95fdc24d4a15&rgn=div5&view= |
| apportioned, the area authorized  | text&node=43:2.1.1.4.88&idno=43#4 |
| for grazing use, or both.~~       | 3:2.1.1.4.88.6%2343:2.1.1.4.88.6) |
|                                   |                                   |
| \"Grazing permit\" means a        | [§ 4150.1                         |
| document authoriz~~ing~~ use of   | Violations.](http://ecfr.gpoacc   |
| the public lands ~~within an      | ess.gov/cgi/t/text/text-idx?c=ecf |
| established grazing district~~.   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Grazing permit~~s~~ specif~~y~~   | d4a15&rgn=div5&view=text&node=43: |
| ~~all authorized use including    | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| livestock grazing, suspended use, | 6.182.1%2343:2.1.1.4.88.6.182.1)\ |
| and conservation use. Permits     | [§ 4150.2 Notice and order to     |
| specify the total number of AUMs  | remove.](http://ecfr.gpoacc       |
| apportioned, the area authorized  | ess.gov/cgi/t/text/text-idx?c=ecf |
| for grazing use, or both.~~       | r&sid=9e6eb1b7307b78a570df95fdc24 |
|                                   | d4a15&rgn=div5&view=text&node=43: |
| \"Grazing preference\" or         | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| \"preference\" means a superior   | 6.182.2%2343:2.1.1.4.88.6.182.2)\ |
| or priority position against      | [§ 4150.3                         |
| others for the purpose of         | Settlement.](http://ecfr.gpoacc   |
| receiving a grazing permit or     | ess.gov/cgi/t/text/text-idx?c=ecf |
| lease. ~~This priority is         | r&sid=9e6eb1b7307b78a570df95fdc24 |
| attached to base property owned   | d4a15&rgn=div5&view=text&node=43: |
| or controlled by a permittee or   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| lessee.~~                         | 6.182.3%2343:2.1.1.4.88.6.182.3)\ |
|                                   | [§ 4150.4 Impoundment and         |
| \"Interested public\" means an    | disposal.](http://ecfr.gpoacc     |
| individual, group or organization | ess.gov/cgi/t/text/text-idx?c=ecf |
| that has submitted a written      | r&sid=9e6eb1b7307b78a570df95fdc24 |
| request to the ~~authorized       | d4a15&rgn=div5&view=text&node=43: |
| officer~~ to be provided an       | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| opportunity to be involved in the | 6.182.4%2343:2.1.1.4.88.6.182.4)\ |
| decisionmaking process ~~for the  | [§ 4150.4-1 Notice of intent to   |
| management of livestock grazing   | impound.](http://ecfr.gpoacc      |
| on~~ specific ~~grazing~~         | ess.gov/cgi/t/text/text-idx?c=ecf |
| allotment~~s~~ or ~~has~~         | r&sid=9e6eb1b7307b78a570df95fdc24 |
| submitted written comments to the | d4a15&rgn=div5&view=text&node=43: |
| authorized officer regarding the  | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| management of livestock grazing   | 6.182.5%2343:2.1.1.4.88.6.182.5)\ |
| on a specific allotment.          | [§ 4150.4-2                       |
|                                   | Impoundment.](http://ecfr.gpoacc  |
| \"Land use plan\" means a         | ess.gov/cgi/t/text/text-idx?c=ecf |
| resource management plan,         | r&sid=9e6eb1b7307b78a570df95fdc24 |
| developed under the provisions of | d4a15&rgn=div5&view=text&node=43: |
| 43 CFR part 1600, or management   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| framework plan. These plans are   | 6.182.6%2343:2.1.1.4.88.6.182.6)\ |
| developed through public          | [§ 4150.4-3 Notice of public      |
| participation in accordance with  | sale.](http://ecfr.gpoacc         |
| the provisions of the Federal     | ess.gov/cgi/t/text/text-idx?c=ecf |
| Land Policy and Management Act of | r&sid=9e6eb1b7307b78a570df95fdc24 |
| 1976 and establish management     | d4a15&rgn=div5&view=text&node=43: |
| direction for resource uses of    | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| public lands.                     | 6.182.7%2343:2.1.1.4.88.6.182.7)\ |
|                                   | [§ 4150.4-4                       |
| \"Livestock\" or \"kind of        | Redemption.](http://ecfr.gpoacc   |
| livestock\" means species of      | ess.gov/cgi/t/text/text-idx?c=ecf |
| domestic livestock‑‑ cattle,      | r&sid=9e6eb1b7307b78a570df95fdc24 |
| sheep, horses, burros, and goats. | d4a15&rgn=div5&view=text&node=43: |
|                                   | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| \"Livestock Carrying Capacity\"   | 6.182.8%2343:2.1.1.4.88.6.182.8)\ |
| means the maximum stocking rate   | [§ 4150.4-5                       |
| possible without inducing damage  | Sale.](http://ecfr.gpoac          |
| to vegetation or related          | cess.gov/cgi/t/text/text-idx?c=ec |
| resources. It may vary from year  | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| to year on the same area due to   | 4d4a15&rgn=div5&view=text&node=43 |
| fluctuating forage production.    | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
|                                   | .6.182.9%2343:2.1.1.4.88.6.182.9) |
| \"Monitoring\" means the periodic |                                   |
| observation and orderly           | [Subpart 4160---Administrative    |
| collection of data to evaluate:   | Remedies](http:                   |
|                                   | //ecfr.gpoaccess.gov/cgi/t/text/t |
| \(1\) Effects of management       | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| actions; and                      | a570df95fdc24d4a15&rgn=div5&view= |
|                                   | text&node=43:2.1.1.4.88&idno=43#4 |
| \(2\) Effectiveness of actions in | 3:2.1.1.4.88.7%2343:2.1.1.4.88.7) |
| meeting management objectives.    |                                   |
|                                   | [§ 4160.1 Proposed                |
| ~~\"Permitted use\" means the     | decisions.](http://ecfr.gpoacc    |
| forage allocated by, or under the | ess.gov/cgi/t/text/text-idx?c=ecf |
| guidance of, an applicable land   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| use plan for livestock grazing in | d4a15&rgn=div5&view=text&node=43: |
| an allotment under a permit or    | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| lease and is expressed in AUMs.~~ | 7.182.1%2343:2.1.1.4.88.7.182.1)\ |
|                                   | [§ 4160.2                         |
| \"Public lands\" means any land   | Protests.](http://ecfr.gpoacc     |
| and interest in land outside of   | ess.gov/cgi/t/text/text-idx?c=ecf |
| Alaska owned by the United States | r&sid=9e6eb1b7307b78a570df95fdc24 |
| and administered by the Secretary | d4a15&rgn=div5&view=text&node=43: |
| of the Interior through the       | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| Bureau of Land Management, except | 7.182.2%2343:2.1.1.4.88.7.182.2)\ |
| lands held for the benefit of     | [§ 4160.3 Final                   |
| Indians.                          | decisions.](http://ecfr.gpoacc    |
|                                   | ess.gov/cgi/t/text/text-idx?c=ecf |
| \"Range improvement\" means an    | r&sid=9e6eb1b7307b78a570df95fdc24 |
| authorized physical modification  | d4a15&rgn=div5&view=text&node=43: |
| or treatment which is designed to | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| improve production of forage;     | 7.182.3%2343:2.1.1.4.88.7.182.3)\ |
| change vegetation composition;    | [§ 4160.4                         |
| control patterns of use; provide  | Appeals.](http://ecfr.gpoac       |
| water; stabilize soil and water   | cess.gov/cgi/t/text/text-idx?c=ec |
| conditions; restore, protect and  | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| improve the condition of          | 4d4a15&rgn=div5&view=text&node=43 |
| rangeland ecosystems to benefit   | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
| livestock, wild horses and        | .7.182.4%2343:2.1.1.4.88.7.182.4) |
| burros, and fish and wildlife.    |                                   |
| The term includes, but is not     | [Subpart                          |
| limited to, structures, treatment | 4170---Penalties](http:           |
| projects, and use of mechanical   | //ecfr.gpoaccess.gov/cgi/t/text/t |
| devices or modifications achieved | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| through mechanical means..        | a570df95fdc24d4a15&rgn=div5&view= |
|                                   | text&node=43:2.1.1.4.88&idno=43#4 |
| \"Rangeland studies\" means any   | 3:2.1.1.4.88.8%2343:2.1.1.4.88.8) |
| study methods accepted by the     |                                   |
| authorized officer for collecting | [§ 4170.1 Civil                   |
| data on actual use, utilization,  | penalties.](http://ecfr.gpoacc    |
| climatic conditions, other        | ess.gov/cgi/t/text/text-idx?c=ecf |
| special events, and trend to      | r&sid=9e6eb1b7307b78a570df95fdc24 |
| determine if management           | d4a15&rgn=div5&view=text&node=43: |
| objectives are being met.         | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 8.182.1%2343:2.1.1.4.88.8.182.1)\ |
| \"Secretary\" means the Secretary | [§ 4170.1-1 Penalty for           |
| of the Interior or his authorized | violations.](http://ecfr.gpoacc   |
| officer.                          | ess.gov/cgi/t/text/text-idx?c=ecf |
|                                   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| \"Service area\" means the area   | d4a15&rgn=div5&view=text&node=43: |
| that can be properly grazed by    | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| livestock watering at a certain   | 8.182.2%2343:2.1.1.4.88.8.182.2)\ |
| water.                            | [§ 4170.1-2 Failure to            |
|                                   | use.](http://ecfr.gpoacc          |
| \"State Director\" means the      | ess.gov/cgi/t/text/text-idx?c=ecf |
| State Director, Bureau of Land    | r&sid=9e6eb1b7307b78a570df95fdc24 |
| Management, or his or her         | d4a15&rgn=div5&view=text&node=43: |
| authorized representative.        | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 8.182.3%2343:2.1.1.4.88.8.182.3)\ |
| \"Supplemental feed\" means a     | [§ 4170.2 Penal                   |
| feed which supplements the forage | provisions.](http://ecfr.gpoacc   |
| available from the public lands   | ess.gov/cgi/t/text/text-idx?c=ecf |
| and is provided to improve        | r&sid=9e6eb1b7307b78a570df95fdc24 |
| livestock nutrition or rangeland  | d4a15&rgn=div5&view=text&node=43: |
| management.                       | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 8.182.4%2343:2.1.1.4.88.8.182.4)\ |
| \"Suspension\" means the          | [§ 4170.2-1 Penal provisions      |
| ~~temporary~~ withholding from    | under the Taylor Grazing          |
| active use, through a decision    | Act.](http://ecfr.gpoacc          |
| issued by the authorized officer  | ess.gov/cgi/t/text/text-idx?c=ecf |
| or by agreement, of part or all   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| of the ~~permitted use~~ in a     | d4a15&rgn=div5&view=text&node=43: |
| grazing permit or lease.          | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
|                                   | 8.182.5%2343:2.1.1.4.88.8.182.5)\ |
| \"Temporary nonuse\" means the    | [§ 4170.2-2 Penal provisions      |
| ~~authorized withholding, on an   | under the Federal Land Policy and |
| annual basis, of all or a portion | Management                        |
| of permitted livestock use~~ in   | Act.](http://ecfr.gpoac           |
| response to ~~a request~~ ~~of~~  | cess.gov/cgi/t/text/text-idx?c=ec |
| the permittee or lessee.          | fr&sid=9e6eb1b7307b78a570df95fdc2 |
|                                   | 4d4a15&rgn=div5&view=text&node=43 |
| \"Trend\" means the direction of  | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
| change over time, either toward   | .8.182.6%2343:2.1.1.4.88.8.182.6) |
| or away from desired management   |                                   |
| objectives.                       | [Subpart 4180---Fundamentals of   |
|                                   | Rangeland Health and Standards    |
| \"Unauthorized leasing\" and      | and Guidelines for Grazing        |
| \"subleasing\" means \--          | Administration](http:             |
|                                   | //ecfr.gpoaccess.gov/cgi/t/text/t |
| \(1\) The lease or sublease of a  | ext-idx?c=ecfr&sid=9e6eb1b7307b78 |
| Federal grazing permit or lease,  | a570df95fdc24d4a15&rgn=div5&view= |
| associated with the lease or      | text&node=43:2.1.1.4.88&idno=43#4 |
| sublease of base property, to     | 3:2.1.1.4.88.9%2343:2.1.1.4.88.9) |
| another party without a required  |                                   |
| transfer approved by the          | [§ 4180.1 Fundamentals of         |
| authorized officer;               | rangeland                         |
|                                   | health.](http://ecfr.gpoacc       |
| \(2\) The lease or sublease of a  | ess.gov/cgi/t/text/text-idx?c=ecf |
| Federal grazing permit or lease   | r&sid=9e6eb1b7307b78a570df95fdc24 |
| to another party without the      | d4a15&rgn=div5&view=text&node=43: |
| assignment of the associated base | 2.1.1.4.88&idno=43#43:2.1.1.4.88. |
| property;                         | 9.182.1%2343:2.1.1.4.88.9.182.1)\ |
|                                   | [§ 4180.2 Standards and           |
| \(3\) Allowing another party,     | guidelines for grazing            |
| other than sons and daughters of  | a                                 |
| the grazing permittee or lessee   | dministration.](http://ecfr.gpoac |
| meeting the requirements of §     | cess.gov/cgi/t/text/text-idx?c=ec |
| 4130.7(f), to graze on public     | fr&sid=9e6eb1b7307b78a570df95fdc2 |
| lands livestock that are not      | 4d4a15&rgn=div5&view=text&node=43 |
| owned or controlled by the        | :2.1.1.4.88&idno=43#43:2.1.1.4.88 |
| permittee or lessee; or           | .9.182.2%2343:2.1.1.4.88.9.182.2) |
|                                   |                                   |
| \(4\) Allowing another party,     | [Subpart 4190---Effect of         |
| other than sons and daughters of  | Wildfire Management               |
| the grazing permittee or lessee   | Decisions](http://                |
| meeting the requirements of §     | ecfr.gpoaccess.gov/cgi/t/text/tex |
| 4130.7(f), to graze livestock on  | t-idx?c=ecfr&sid=9e6eb1b7307b78a5 |
| public lands under a pasturing    | 70df95fdc24d4a15&rgn=div5&view=te |
| agreement without the approval of | xt&node=43:2.1.1.4.88&idno=43#43: |
| the authorized officer.           | 2.1.1.4.88.10%2343:2.1.1.4.88.10) |
|                                   |                                   |
| \"Utilization\" means the         | [§ 4190.1 Effect of wildfire      |
| percentage of forage that has     | management                        |
| been consumed by livestock, wild  | decisions.](http://ecfr.gpoacce   |
| horses and burros, wildlife and   | ss.gov/cgi/t/text/text-idx?c=ecfr |
| insects during a specified        | &sid=9e6eb1b7307b78a570df95fdc24d |
| period. The term is also used to  | 4a15&rgn=div5&view=text&node=43:2 |
| refer to the pattern of such use. | .1.1.4.88&idno=43#43:2.1.1.4.88.1 |
|                                   | 0.182.1%2343:2.1.1.4.88.10.182.1) |
| Sec. 4100.0‑7                     |                                   |
| Cross~~‑~~reference~~s~~.         | Authority:   43 U.S.C. 315,       |
|                                   | 315a-315r, 1181d, 1740.           |
| The regulations at part 1600 of   |                                   |
| this chapter govern the           | Source:   [\[NOT PROVIDED IN THIS |
| development of land use plans;    | REPRODUCTION - SEE THE **Code of  |
| the regulations at subpart 1784   | Federal                           |
| of this chapter govern advisory   | Regulations**\]]{.smallcaps}      |
| committees; and the regulations   |                                   |
| at subparts B and E of part 4 of  | Subpart 4100---Grazing            |
| this title govern appeals and     | Administration---Exclusive of     |
| hearings.                         | Alaska; General                   |
|                                   |                                   |
| Sec. 4100.0‑8 Land use plans.     | § 4100.0-1   Purpose.             |
|                                   |                                   |
| The authorized officer shall      | The purpose is to provide uniform |
| manage livestock grazing on       | guidance for administration of    |
| public lands under the principle  | grazing on the public lands       |
| of multiple use and sustained     | exclusive of Alaska.              |
| yield, and in accordance with     |                                   |
| applicable land use plans. Land   | § 4100.0-2   Objectives.          |
| use plans shall establish         |                                   |
| allowable resource uses (either   | **(a)** The objectives of these   |
| singly or in combination),        | regulations are to promote        |
| related levels of production or   | healthy sustainable rangeland     |
| use to be maintained, areas of    | ecosystems; to accelerate         |
| use, and resource condition goals | restoration and improvement of    |
| and objectives to be obtained.    | public rangelands to properly     |
| The plans also set forth program  | functioning conditions; to        |
| constraints and general           | promote the orderly use,          |
| management practices needed to    | improvement and development of    |
| achieve management objectives.    | the public lands; to establish    |
| Livestock grazing activities and  | efficient and effective           |
| management actions approved by    | administration of grazing of      |
| the authorized officer shall be   | public rangelands; and to provide |
| in conformance with the land use  | for the sustainability of the     |
| plan as defined at 43 CFR 1601.0‑ | western livestock industry and    |
| 5(b).                             | communities that are dependent    |
|                                   | upon productive, healthy public   |
| 4100.0-9 Information collection.  | rangelands.                       |
|                                   |                                   |
| \(a\) The information collection  | **(b)** These objectives **will** |
| requirements contained in Group   | be realized in a manner           |
| 4100 have been approved by the    | consistent with land use plans,   |
| Office of Management and Budget   | multiple use, sustained yield,    |
| under 44 U.S.C. 3501              | environmental values, economic    |
| [et]{.underline}                  | and other objectives stated in    |
| [seq.]{.underline} ~~and assigned | the Taylor Grazing Act of June    |
| clearance numbers 1004-0005,      | 28, 1934, as amended (43 U.S.C.   |
| 1004-0019, 1004-0020, 1004-0041,  | 315, 315a--315r); section 102 of  |
| 1004-0047, 1004-0051, and         | the Federal Land Policy and       |
| 1004-0068.~~ The information      | Management Act of 1976 (43 U.S.C. |
| ~~would be~~ collected to         | 17**01**) **and the Public        |
| ~~permit~~ the authorized officer | Rangelands Improvement Act of     |
| to determine whether an           | 1978 (43 U.S.C. 1901(b)(2))**.    |
| application to utilize public     |                                   |
| lands for grazing or other        | § 4100.0-3   Authority.           |
| purposes ~~should be approved.    |                                   |
| Response is required to obtain a  | \(a\) The Taylor Grazing Act of   |
| benefit.~~                        | June 28, 1934 as amended (43      |
|                                   | U.S.C. 315, 315a through 315r);   |
| ~~(b) Public reporting burden for |                                   |
| the information collections are   | \(b\) The Federal Land Policy and |
| as follows: clearance number      | Management Act of 1976 (43 U.S.C. |
| 1004-0005 is estimated to average | 1701 *et seq.*) as amended by the |
| 0.33 hours per response,          | Public Rangelands Improvement Act |
| clearance number 1004-0019 is     | of 1978 (43 U.S.C. 1901 *et       |
| estimated to average 0.33 hours   | seq.*);                           |
| per response, clearance number    |                                   |
| 1004-0020 is estimated to average | \(c\) Executive orders **that**   |
| 0.33 hours per response,          | transfer land acquired under the  |
| clearance number 1004-0041 is     | Bankhead-Jones Farm Tenant Act of |
| estimated to average 0.25 hours   | July 22, 1937, as amended (7      |
| per response, clearance number    | U.S.C. 1012), to the Secretary    |
| 1004-0047 is estimated to average | and authorize administration      |
| 0.25 hours per response,          | under the Taylor Grazing Act.     |
| clearance number 1004-0051 is     |                                   |
| estimated to average 0.3 hours    | \(d\) Section 4 of the **Oregon   |
| per response, and clearance       | and California Railroad Land**    |
| number 1004-0068 is estimated to  | Act of August 28, 1937 (43 U.S.C. |
| average 0.17 hours per response,  | 118**1**d));                      |
| including the time for reviewing  |                                   |
| instructions, searching existing  | \(e\) The Public Rangelands       |
| data sources, gathering and       | Improvement Act of 1978 (43       |
| maintaining the data needed, and  | U.S.C. 1901 *et seq.*); and       |
| completing and reviewing the      |                                   |
| collection of information. Send   | \(f\) Public land orders,         |
| comments regarding this burden    | Executive orders, and agreements  |
| estimate or any other aspect of   | **that** authorize the Secretary  |
| these collections of information, | to administer livestock grazing   |
| including suggestions for         | on specified lands under the      |
| reducing the burden to the        | Taylor Grazing Act or other       |
| Information Collection Clearance  | authority as specified.           |
| Officer (873), Bureau of Land     |                                   |
| Management, Washington, D.C.      | § 4100.0-5   Definitions.         |
| 20240, and the Office of          |                                   |
| Management and Budget, Paperwork  | Whenever used in this part,       |
| Reduction Project, 1004-0005,     | unless the context otherwise      |
| -0019, -0020, ‑0041, -0047,       | requires, the following           |
| -0051, or -0068, Washington, D.C. | definitions apply:                |
| 20503.~~                          |                                   |
|                                   | The *Act* means the Taylor        |
| Subpart 4110‑‑Qualifications and  | Grazing Act of June 28, 1934, as  |
| Preference                        | amended (43 U.S.C. 315,           |
|                                   | 315a--315r).                      |
| Sec. 4110.1 Mandatory             |                                   |
| qualifications.                   | *Active use* means that portion   |
|                                   | of the grazing preference that    |
| \(a\) Except as provided under §§ | is:                               |
| 4110.1‑1, 4130.5 and 4130.6-3 ,   |                                   |
| to qualify for grazing use on the | \(1\) Available for livestock     |
| public lands an applicant must    | grazing use under a permit or     |
| own or control land or water base | lease based on livestock carrying |
| property, and must be:            | capacity and resource conditions  |
|                                   | in an allotment; and              |
| \(1\) A citizen of the United     |                                   |
| States or have properly filed a   | \(2\) Not in suspension.          |
| valid declaration of intention to |                                   |
| become a citizen or a valid       | *Activity plan* means a plan for  |
| petition for naturalization; or   | managing a resource use or value  |
|                                   | to achieve specific objectives.   |
| \(2\) A group or association      | For example, an allotment         |
| authorized to conduct business in | management plan is an activity    |
| the State in which the grazing    | plan for managing livestock       |
| use is sought, all members of     | grazing use to improve or         |
| which are qualified under         | maintain rangeland conditions.    |
| paragraph (a) of this section; or |                                   |
|                                   | *Actual use* means where, how     |
| \(3\) A corporation authorized to | many, what kind or class of       |
| conduct business in the State in  | livestock, and how long livestock |
| which the grazing use is sought.  | graze on an allotment, or on a    |
|                                   | portion or pasture of an          |
| \(b\) Applicants for the renewal  | allotment.                        |
| or issuance of new permits and    |                                   |
| leases and any affiliates must be | *Actual use report* means a       |
| determined by the authorized      | report of the actual livestock    |
| officer to have a satisfactory    | grazing use submitted by the      |
| record of performance.            | permittee or lessee.              |
|                                   |                                   |
| ~~(1) Renewal of permit or lease. | *Affiliate* means an entity or    |
| (i) The applicant for renewal of  | person that controls, is          |
| a grazing permit or lease, and    | controlled by, or is under common |
| any affiliate, shall be deemed to | control with, an applicant,       |
| have a satisfactory record of     | permittee or lessee. The term     |
| performance if the authorized     | "control" means having any        |
| officer determines the applicant  | relationship which gives an       |
| and affiliates to be in           | entity or person authority        |
| substantial compliance with the   | directly or indirectly to         |
| terms and conditions of the       | determine the manner in which an  |
| existing Federal grazing permit   | applicant, permittee or lessee    |
| or lease for which renewal is     | conducts grazing operations.      |
| sought, and with the rules and    |                                   |
| regulations applicable to the     | *Allotment* means an area of land |
| permit or lease.~~                | designated and managed for        |
|                                   | grazing of livestock.             |
| ~~(ii) The authorized officer may |                                   |
| take into consideration           | *Allotment management plan (AMP)* |
| circumstances beyond the control  | means a documented program        |
| of the applicant or affiliate in  | developed as an activity plan,    |
| determining whether the applicant | consistent with the definition at |
| and affiliates are in substantial | 43 U.S.C. 1702(k), that focuses   |
| compliance with permit or lease   | on, and contains the necessary    |
| terms and conditions and          | instructions for, the management  |
| applicable rules and              | of livestock grazing on specified |
| regulations.~~                    | public lands to meet resource     |
|                                   | condition, sustained yield,       |
| ~~(2) New permit or lease.        | multiple use, economic and other  |
| Applicants for new permits or     | objectives.                       |
| leases, and any affiliates, shall |                                   |
| be deemed not to have a record of | *Animal unit month (AUM)* means   |
| satisfactory performance when:~~  | the amount of forage necessary    |
|                                   | for the sustenance of one cow or  |
| ~~(i) The applicant or affiliate  | its equivalent for a period of 1  |
| has had any Federal grazing       | month.                            |
| permit or lease canceled for      |                                   |
| violation of the permit or lease  | *Annual rangelands* means those   |
| within the 36 calendar months     | designated areas in which         |
| immediately preceding the date of | livestock forage production is    |
| application; or~~                 | primarily attributable to annual  |
|                                   | plants and varies greatly from    |
| ~~(ii) the applicant or affiliate | year to year.                     |
| has had any State grazing permit  |                                   |
| or lease, for lands within the    | *Authorized officer* means any    |
| grazing allotment for which a     | person authorized by the          |
| Federal permit or lease is        | Secretary to administer           |
| sought, canceled for violation of | regulations in this part.         |
| the permit or lease within the 36 |                                   |
| calendar months immediately       | *Base property* means: (1) Land   |
| preceding the date of             | that has the capability to        |
| application; or~~                 | produce crops or forage that can  |
|                                   | be used to support authorized     |
| ~~(iii) the applicant or          | livestock for a specified period  |
| affiliate is barred from holding  | of the year, or (2) water that is |
| a Federal grazing permit or lease | suitable for consumption by       |
| by order of a court of competent  | livestock and is available and    |
| jurisdiction.~~                   | accessible, to the authorized     |
|                                   | livestock when the public lands   |
| ~~(c) In determining whether      | are used for livestock grazing.   |
| affiliation exists, the           |                                   |
| authorized officer shall consider | *Cancelled or cancellation* means |
| all appropriate factors,          | a permanent termination of a      |
| including, but not limited to,    | grazing permit or grazing lease   |
| common ownership, common          | and grazing preference, or        |
| management, identity of interests | free-use grazing permit or other  |
| among family members, and         | grazing authorization, in whole   |
| contractual relationships.~~      | or in part.                       |
|                                   |                                   |
| ~~(d)~~ Applicants shall submit   | *Class of livestock* means ages   |
| an application and any other      | and/or sex groups of a kind of    |
| relevant information requested by | livestock.                        |
| the authorized officer in order   |                                   |
| to determine that all             | *Consultation, cooperation, and   |
| qualifications have been met.     | coordination* means interaction   |
|                                   | for the purpose of obtaining      |
| Sec. 4110.1‑1 Acquired lands.     | advice, or exchanging opinions on |
|                                   | issues, plans, or management      |
| Where lands have been acquired by | actions.                          |
| the Bureau of Land Management     |                                   |
| through purchase, exchange, Act   | *Control* means being responsible |
| of Congress or Executive Order,   | for and providing care and        |
| and an agreement or the terms of  | management of base property       |
| the act or Executive Order        | and/or livestock.                 |
| provide that the Bureau of Land   |                                   |
| Management shall honor existing   | *District* means the specific     |
| grazing permits or leases, such   | area of public lands administered |
| permittees or lessees are         | by a District Manager **or a      |
| governed by the terms and         | Field Manager.**                  |
| conditions in effect at the time  |                                   |
| of acquisition by the Bureau of   | *Ephemeral rangelands* means      |
| Land Management, and are not      | areas of the Hot Desert Biome     |
| subject to the requirements of §  | (Region) that do not consistently |
| 4110.1. .                         | produce enough forage to sustain  |
|                                   | a livestock operation but **from  |
| Sec. 4110.2 Grazing preference.   | time to time** produce            |
|                                   | **sufficient** forage to          |
| Sec. 4110.2‑1 Base property.      | accommodate livestock grazing.    |
|                                   |                                   |
| \(a\) The authorized officer      | *Grazing district* means the      |
| shall find land or water owned or | specific area within which the    |
| controlled by an applicant to be  | public lands are administered     |
| base property (see Sec. 4100.0‑5) | under section 3 of the Act.       |
| if:                               | Public lands outside grazing      |
|                                   | district boundaries are           |
| \(1\) It is capable of serving as | administered under section 15 of  |
| a base of operation for livestock | the Act.                          |
| use of public lands within a      |                                   |
| grazing district; or              | *Grazing fee year* means the      |
|                                   | year, used for billing purposes,  |
| \(2\) It is contiguous land, or,  | which begins on March 1, of a     |
| when no applicant owns or         | given year and ends on the last   |
| controls contiguous land,         | day of February of the following  |
| noncontiguous land that is        | year.                             |
| capable of being used in          |                                   |
| conjunction with a livestock      | *Grazing lease* means a document  |
| operation which would utilize     | **that** authorize**s**           |
| public lands outside a grazing    | **grazing** use of the public     |
| district.                         | lands **under Section 15 of the   |
|                                   | Act**. **A** grazing lease        |
| \(b\) After appropriate           | specif**ies grazing preference    |
| consultation, cooperation, and    | and the terms and conditions      |
| coordination, the authorized      | under which lessees make grazing  |
| officer shall specify the length  | use during the term of the        |
| of time for which land base       | lease.**                          |
| property shall be capable of      |                                   |
| supporting authorized livestock   | *Grazing permit* means a document |
| during the year, relative to the  | **that** authorize**s grazing**   |
| multiple use management objective | use of the public lands **under   |
| of the public lands.              | Section 3 of the Act**. **A**     |
|                                   | grazing permit specif**ies**      |
| \(c\) An applicant shall provide  | **grazing preference and the      |
| a legal description, or plat, of  | terms and conditions under which  |
| the base property and shall       | permittees make grazing use       |
| certify to the authorized officer | during the term of the permit.**  |
| that this base property meets the |                                   |
| requirements under paragraphs (a) | *Grazing preference* or           |
| and (b) of this section. A        | *preference* means **the total    |
| permittee\'s or lessee\'s         | number of animal unit months on   |
| interest in water previously      | public lands apportioned and      |
| recognized as base property on    | attached to base property owned   |
| public land shall be deemed       | or controlled by a permittee,     |
| sufficient in meeting the         | lessee, or an applicant for a     |
| requirement that the applicant    | permit or lease. Grazing          |
| control base property. Where such | preference includes active use    |
| waters become unusable and are    | and use held in suspension.**     |
| replaced by newly constructed or  | **Grazing preference holders      |
| reconstructed water developments  | have** a superior or priority     |
| that are the subject of a range   | position against others for the   |
| improvement permit or cooperative | purpose of receiving a grazing    |
| range improvement agreement, the  | permit or lease.                  |
| permittee\'s or lessee\'s         |                                   |
| interest in the replacement water | *Interested public* means an      |
| shall be deemed sufficient in     | individual, group or organization |
| meeting the requirement that the  | that has**:**                     |
| applicant control base property.  |                                   |
|                                   | **(1)(i)** **S**ubmitted a        |
| ~~(d)~~ If a permittee or lessee  | written request to **BLM** to be  |
| loses ownership or control of all | provided an opportunity to be     |
| or part of his/her base property, | involved in the decisionmaking    |
| the permit or lease, to the       | process **as to a** specific      |
| extent it was based upon such     | allotment, **and**                |
| lost property, shall terminate    |                                   |
| immediately without further       | **(ii) Followed up that request   |
| notice from the authorized        | by submitting written comments as |
| officer. However, if, prior to    | to management of a specific       |
| losing ownership or control of    | allotment, or otherwise           |
| the base property, the permittee  | participated in the               |
| or lessee requests, in writing,   | decisionmaking process as to a    |
| that the permit or lease be       | specific allotment, if BLM has    |
| extended to the end of the        | provided them an opportunity for  |
| grazing season or grazing year,   | comment or other participation;** |
| the termination date may be       | or                                |
| extended as determined by the     |                                   |
| authorized officer after          | **(2)** Submitted written         |
| consultation with the new owner.  | comments to the authorized        |
| When a permit or lease terminates | officer regarding the management  |
| because of a loss of ownership or | of livestock grazing on a         |
| control of a base property, the   | specific allotment.               |
| grazing preference shall remain   |                                   |
| with the base property and be     | *Land use plan* means a resource  |
| available through application and | management plan, developed under  |
| transfer procedures at 43 CFR     | the provisions of 43 CFR part     |
| 4110.2‑3, to the new owner or     | 1600, or **a** management         |
| person in control of that base    | framework plan. These plans are   |
| property.                         | developed through public          |
|                                   | participation in accordance with  |
| ~~(e)~~ Applicants who own or     | the provisions of the Federal     |
| control base property contiguous  | Land Policy and Management Act of |
| to or cornering upon public land  | 1976 **(43 U.S.C 1701 et seq.)**  |
| outside a grazing district where  | and establish management          |
| such public land consists of an   | direction for resource uses of    |
| isolated or disconnected tract    | public lands.                     |
| embracing 760 acres or less       |                                   |
| shall, for a period of 90 days    | *Livestock* or *kind of           |
| after the tract has been offered  | livestock* means species of       |
| for lease, have a preference      | domestic livestock---cattle,      |
| right to lease the whole tract.   | sheep, horses, burros, and goats. |
|                                   |                                   |
| Sec. 4110.2‑2 Specifying          | *Livestock carrying capacity*     |
| ~~permitted use~~.                | means the maximum stocking rate   |
|                                   | possible without inducing damage  |
| \(a\) ~~Permitted use is granted  | to vegetation or related          |
| to holders of grazing preference  | resources. It may vary from year  |
| and shall be specified in all     | to year on the same area due to   |
| grazing permits or leases.        | fluctuating forage production.    |
| Permitted use shall encompass all |                                   |
| authorized use including          | *Monitoring* means the periodic   |
| livestock use, any suspended use, | observation and orderly           |
| and conservation use,~~ except    | collection of data to evaluate:   |
| for permits and leases for        |                                   |
| designated ephemeral rangelands   | \(1\) Effects of management       |
| where ~~livestock use is          | actions; and                      |
| authorized~~ based upon forage    |                                   |
| availability, or designated       | \(2\) Effectiveness of actions in |
| annual rangelands. ~~Permitted    | meeting management objectives.    |
| livestock use shall be~~ based    |                                   |
| upon the amount of forage         | *Preference* means grazing        |
| available for livestock grazing   | preference (see definition of     |
| as established in the land use    | "grazing preference").            |
| plan, activity plan or decision   |                                   |
| of the authorized officer under § | *Public lands* means any land and |
| 4110.3-3, except, in the case of  | interest in land outside of       |
| designated ephemeral or annual    | Alaska owned by the United States |
| rangelands, a land use plan or    | and administered by the Secretary |
| activity plan may alternatively   | of the Interior through the       |
| prescribe vegetation standards to | Bureau of Land Management, except |
| be met in the use of such         | lands held for the benefit of     |
| rangelands.                       | Indians.                          |
|                                   |                                   |
| \(b\) The ~~permitted use~~       | *Range improvement* means an      |
| specified ~~shall~~ attach to the | authorized physical modification  |
| base property supporting the      | or treatment which is designed to |
| grazing permit or grazing lease.  | improve production of forage;     |
|                                   | change vegetation composition;    |
| \(c\) The animal unit months of   | control patterns of use; provide  |
| ~~permitted use~~ are attached    | water; stabilize soil and water   |
| to:                               | conditions; restore, protect and  |
|                                   | improve the condition of          |
| \(1\) The acreage of land base    | rangeland ecosystems to benefit   |
| property on a pro rata basis, or  | livestock, wild horses and        |
|                                   | burros, and fish and wildlife.    |
| \(2\) Water base property on the  | The term includes, but is not     |
| basis of livestock forage         | limited to, structures, treatment |
| production within the service     | projects, and use of mechanical   |
| area of the water.                | devices or modifications achieved |
|                                   | through mechanical means.         |
| Sec. 4110.2‑3 Transfer of grazing |                                   |
| preference.                       | *Rangeland studies* means any     |
|                                   | study methods accepted by the     |
| \(a\) Transfers of grazing        | authorized officer for collecting |
| preference in whole or in part    | data on actual use, utilization,  |
| are subject to the following      | climatic conditions, other        |
| requirements:                     | special events, and trend to      |
|                                   | determine if management           |
| \(1\) The transferee shall meet   | objectives are being met.         |
| all qualifications and            |                                   |
| requirements of §§ 4110.1,        | *Secretary* means the Secretary   |
| 4110.2-1 and 4110.2-2 .           | of the Interior or his authorized |
|                                   | officer.                          |
| \(2\) The transfer applications   |                                   |
| under paragraphs (b) and (c) of   | *Service area* means the area     |
| this section shall evidence       | that can be properly grazed by    |
| assignment of interest and        | livestock watering at a certain   |
| obligation in range improvements  | water.                            |
| authorized on public lands under  |                                   |
| Sec. 4120.3 and maintained in     | *State Director* means the State  |
| conjunction with the transferred  | Director, Bureau of Land          |
| preference (see Sec. 4120.3‑5).   | Management, or his or her         |
| The terms and conditions of the   | authorized representative.        |
| cooperative range improvement     |                                   |
| agreements and range improvement  | *Supplemental feed* means a feed  |
| permits are binding on the        | which supplements the forage      |
| transferee.                       | available from the public lands   |
|                                   | and is provided to improve        |
| \(3\) The transferee shall accept | livestock nutrition or rangeland  |
| the terms and conditions of the   | management.                       |
| terminating grazing permit or     |                                   |
| lease (see 4130.2) with such      | *Suspension* means the            |
| modifications as he may request   | withholding from active use,      |
| which are approved by the         | through a decision issued by the  |
| authorized officer or with such   | authorized officer or by          |
| modifications as may be required  | agreement, of part or all of the  |
| by the authorized officer.        | **grazing preference**            |
|                                   | **specified** in a grazing permit |
| \(4\) The transferee shall file   | or lease.                         |
| an application for a grazing      |                                   |
| permit or lease to the extent of  | *Temporary nonuse* means **that   |
| the transferred preference        | portion of active use that**      |
| simultaneously with filing a      | **the authorized officer          |
| transfer application under        | authorizes not to be used**, in   |
| paragraph (b) or (c) of this      | response to **an application made |
| section.                          | by** the permittee or lessee.     |
|                                   |                                   |
| \(b\) If base property is sold or | *Trend* means the direction of    |
| leased, the transferee shall      | change over time, either toward   |
| within 90 days of the date of     | or away from desired management   |
| sale or lease file with the       | objectives.                       |
| authorized officer a properly     |                                   |
| executed transfer application     | *Unauthorized leasing and         |
| showing the base property and the | subleasing* means---              |
| ~~amount of permitted use being   |                                   |
| transferred in animal unit        | \(1\) The lease or sublease of a  |
| months~~.                         | Federal grazing permit or lease,  |
|                                   | associated with the lease or      |
| \(c\) If a grazing preference is  | sublease of base property, to     |
| being transferred from one base   | another party without a required  |
| property to another base          | transfer approved by the          |
| property, the transferor shall    | authorized officer;               |
| own or control the base property  |                                   |
| from which the grazing preference | \(2\) The lease or sublease of a  |
| is being transferred and file     | Federal grazing permit or lease   |
| with the authorized officer a     | to another party without the      |
| properly completed transfer       | assignment of the associated base |
| application for approval. ~~If    | property;                         |
| the applicant leases the base     |                                   |
| property,~~ no transfer will be   | \(3\) Allowing another party,     |
| allowed without the written       | other than sons and daughters of  |
| consent of the owner(s), and any  | the grazing permittee or lessee   |
| person or entity holding an       | meeting the requirements of       |
| encumbrance of the base property  | §4130.7(f), to graze on public    |
| from which the transfer is to be  | lands livestock that are not      |
| made. ~~Such consent will not be  | owned or controlled by the        |
| required where the applicant for  | permittee or lessee; or           |
| such transfer is a lessee without |                                   |
| whose livestock operations the    | \(4\) Allowing another party,     |
| grazing preference would not have | other than sons and daughters of  |
| been established.~~               | the grazing permittee or lessee   |
|                                   | meeting the requirements of       |
| \(d\) At the date of approval of  | §4130.7(f), to graze livestock on |
| a transfer, the existing grazing  | public lands under a pasturing    |
| permit or lease shall terminate   | agreement without the approval of |
| automatically and without notice  | the authorized officer.           |
| to the extent of the transfer.    |                                   |
|                                   | *Utilization* means the portion   |
| \(e\) If an unqualified           | of forage that has been consumed  |
| transferee acquires rights in     | by livestock, wild horses and     |
| base property through operation   | burros, wildlife and insects      |
| of law or testamentary            | during a specified period. The    |
| disposition, such transfer will   | term is also used to refer to the |
| not affect the grazing preference | pattern of such use.              |
| or any outstanding grazing permit |                                   |
| or lease, or preclude the         | § 4100.0-7   Cross reference.     |
| issuance or renewal of a grazing  |                                   |
| permit or lease based on such     | The regulations at part 1600 of   |
| property for a period of 2 years  | this chapter govern the           |
| after the transfer. However, such | development of land use plans;    |
| a transferee shall qualify under  | the regulations at **part 1780,** |
| paragraph (a) of this section     | subpart 1784 of this chapter      |
| within the 2‑ year period or the  | govern advisory committees; and   |
| grazing preference shall be       | the regulations at subparts B and |
| subject to cancellation. The      | E of part 4 of this title govern  |
| authorized officer may grant      | appeals and hearings.             |
| extensions of the 2‑year period   |                                   |
| where there are delays solely     | § 4100.0-8   Land use plans.      |
| attributable to probate           |                                   |
| proceedings.                      | The authorized officer shall      |
|                                   | manage livestock grazing on       |
| \(f\) Transfers shall be for a    | public lands under the principle  |
| period of not less than 3 years   | of multiple use and sustained     |
| unless a shorter term is          | yield, and in accordance with     |
| determined by the authorized      | applicable land use plans. Land   |
| officer to be consistent with     | use plans shall establish         |
| management and resource condition | allowable resource uses (either   |
| objectives.                       | singly or in combination),        |
|                                   | related levels of production or   |
| \(g\) Failure of either the       | use to be maintained, areas of    |
| transferee or the transferor to   | use, and resource condition goals |
| comply with the regulations of    | and objectives to be obtained.    |
| this section may result in        | The plans also set forth program  |
| rejection of the transfer         | constraints and general           |
| application or cancellation of    | management practices needed to    |
| grazing preference.               | achieve management objectives.    |
|                                   | Livestock grazing activities and  |
| Sec. 4110.2‑4 Allotments.         | management actions approved by    |
|                                   | the authorized officer shall be   |
| After consultation, cooperation   | in conformance with the land use  |
| and coordination with the         | plan as defined at 43 CFR         |
| affected grazing permittees or    | 1601.0--5(b).                     |
| lessees, the State having lands   |                                   |
| or responsible for managing       | § 4100.0-9   Information          |
| resources within the area, ~~and  | collection.                       |
| the interested public,~~ the      |                                   |
| authorized officer may designate  | The information collection        |
| and adjust grazing allotment      | requirements contained in Group   |
| boundaries. The authorized        | 4100 have been approved by the    |
| officer may combine or divide     | Office of Management and Budget   |
| allotments, through an agreement  | under 44 U.S.C. 3501 et seq. The  |
| or by decision, when necessary    | information **is** collected to   |
| for the proper and efficient      | **enable** the authorized officer |
| management of public rangelands.  | to determine whether **to         |
|                                   | approve** an application to       |
| Sec. 4110.3 Changes in            | utilize public lands for grazing  |
| ~~permitted use.~~                | or other purposes.                |
|                                   |                                   |
| The authorized officer shall      | Subpart 4110---Qualifications and |
| periodically review the           | Preference                        |
| ~~permitted use~~ specified in a  |                                   |
| grazing permit or ~~grazing~~     | § 4110.1   Mandatory              |
| lease and shall make changes in   | qualifications.                   |
| the ~~permitted use~~ as needed   |                                   |
| to manage, maintain or improve    | \(a\) Except as provided under    |
| rangeland productivity, ~~to~~    | §§4110.1--1, 4130.5, and          |
| assist in restoring ecosystems to | 4130.6--3, to qualify for grazing |
| properly functioning condition,   | use on the public lands an        |
| ~~to~~ conform with land use      | applicant must own or control     |
| plans or activity plans, or       | land or water base property, and  |
| ~~to~~ comply with the provisions | must be:                          |
| of subpart 4180 of this part.     |                                   |
| ~~These changes must be supported | \(1\) A citizen of the United     |
| by~~ monitoring, field            | States or have properly filed a   |
| observations, ecological site     | valid declaration of intention to |
| inventory or other data           | become a citizen or a valid       |
| acceptable to the authorized      | petition for naturalization; or   |
| officer.                          |                                   |
|                                   | \(2\) A group or association      |
| Sec. 4110.3‑1 Increasing          | authorized to conduct business in |
| ~~permitted~~ use.                | the State in which the grazing    |
|                                   | use is sought, all members of     |
| Additional forage ~~may be        | which are qualified under         |
| apportioned~~ to qualified        | paragraph (a) of this section; or |
| applicants for livestock grazing  |                                   |
| use consistent with multiple‑use  | \(3\) A corporation authorized to |
| management objectives.            | conduct business in the State in  |
|                                   | which the grazing use is sought.  |
| \(a\) Additional forage           |                                   |
| temporarily available ~~for       | \(b\) Applicants for the renewal  |
| livestock grazing use may be      | or issuance of new permits and    |
| apportioned on a nonrenewable     | leases and any affiliates must be |
| basis.~~                          | determined by the authorized      |
|                                   | officer to have a satisfactory    |
| \(b\) Additional forage available | record of performance **under §   |
| on a sustained yield basis ~~for  | 4130.1-1(b).**                    |
| livestock grazing use shall first |                                   |
| be apportioned in satisfaction of | \[ROADMAP NOTE: SATISFACTORY      |
| suspended permitted use to the    | PERFORMANCE REQUIREMENTS (see     |
| permittee(s) or lessee(s)         | left column) MOVED TO Section     |
| authorized to graze in the        | 4130.\]                           |
| allotment in which the forage is  |                                   |
| available.~~                      | **(c)** Applicants shall submit   |
|                                   | an application and any other      |
| ~~(c) After consultation,         | relevant information requested by |
| cooperation, and coordination,    | the authorized officer in order   |
| with the affected permittees or   | to determine that all             |
| lessees, the State having lands   | qualifications have been met.     |
| or managing resources within the  |                                   |
| area, and the interested public,  | § 4110.1-1   Acquired lands.      |
| additional forage on a sustained  |                                   |
| yield basis available for         | Where lands have been acquired by |
| livestock grazing use in an       | the Bureau of Land Management     |
| allotment may be apportioned to   | through purchase, exchange, Act   |
| permittees or lessees or other    | of Congress or Executive Order,   |
| applicants, provided the          | and an agreement or the terms of  |
| permittee, lessee, or other       | the act or Executive Order        |
| applicant is found to be          | provide that the Bureau of Land   |
| qualified under subpart 4110 of   | Management shall honor existing   |
| this Part. Additional forage      | grazing permits or leases, such   |
| shall be apportioned in the       | permits or leases are governed by |
| following priority :~~            | the terms and conditions in       |
|                                   | effect at the time of acquisition |
| ~~(1)~~ Permittees or lessees in  | by the Bureau of Land Management, |
| proportion to their contribution  | and are not subject to the        |
| or stewardship efforts which      | requirements of §4110.1.          |
| result in increased forage        |                                   |
| production;                       | § 4110.2   Grazing preference.    |
|                                   |                                   |
| ~~(2)~~ Permittee(s) or lessee(s) | § 4110.2-1   Base property.       |
| in proportion to the amount of    |                                   |
| their ~~permitted use~~; and      | \(a\) The authorized officer      |
|                                   | shall find land or water owned or |
| ~~(3)~~ Other qualified           | controlled by an applicant to be  |
| applicants under Sec. 4130.1‑2    | base property (see §4100.0--5)    |
| ~~of this title~~.                | if:                               |
|                                   |                                   |
| Sec. 4110.3‑2 Decreasing          | \(1\) It is capable of serving as |
| ~~permitted~~ use.                | a base of operation for livestock |
|                                   | use of public lands within a      |
| \(a\) ~~Permitted use may be      | grazing district; or              |
| suspended~~ in whole or in part   |                                   |
| on a temporary basis due to       | \(2\) It is contiguous land, or,  |
| ~~drought, fire, or other natural | when no applicant owns or         |
| causes~~, or to facilitate        | controls contiguous land,         |
| installation, maintenance, or     | noncontiguous land that is        |
| modification of range             | capable of being used in          |
| improvements.                     | conjunction with a livestock      |
|                                   | operation which would utilize     |
| \(b\) When monitoring or field    | public lands outside a grazing    |
| observations show grazing use or  | district.                         |
| patterns of use are not           |                                   |
| consistent with the provisions of | \(b\) After appropriate           |
| subpart 4180, or grazing use is   | consultation, cooperation, and    |
| otherwise causing an unacceptable | coordination, the authorized      |
| level or pattern of utilization   | officer shall specify the length  |
| or, when use exceeds the          | of time for which land base       |
| livestock carrying capacity as    | property shall be capable of      |
| determined through monitoring,    | supporting authorized livestock   |
| ecological site inventory or      | during the year, relative to the  |
| other acceptable methods, the     | multiple use management objective |
| authorized officer ~~shall~~      | of the public lands.              |
| reduce ~~permitted~~ ~~grazing~~  |                                   |
| use ~~or~~ otherwise modify       | \(c\) An applicant shall provide  |
| management practices.             | a legal description, or plat, of  |
|                                   | the base property and shall       |
| Sec. 4110.3‑3 Implementing        | certify to the authorized officer |
| ~~reductions~~ in ~~permitted~~   | that this base property meets the |
| use.                              | requirements under paragraphs (a) |
|                                   | and (b) of this section.          |
| \(a\) After consultation,         |                                   |
| cooperation, and coordination     | **(d)** A permittee\'s or         |
| with the affected permittee or    | lessee\'s interest in water       |
| lessee, the State having lands or | previously recognized as base     |
| managing resources within the     | property on public land shall be  |
| area, ~~and the interested        | deemed sufficient in meeting the  |
| public~~, ~~reductions of         | requirement that the applicant    |
| permitted use shall be            | control base property. Where such |
| implemented~~ through a           | waters become unusable and are    |
| documented agreement or by        | replaced by newly constructed or  |
| decision ~~of the authorized      | reconstructed water developments  |
| officer~~. Decisions implementing | that are the subject of a range   |
| §§4110.3‑2 ~~shall~~ be issued as | improvement permit or cooperative |
| proposed decisions pursuant to    | range improvement agreement, the  |
| 4160.1 ~~of this part~~, except   | permittee\'s or lessee\'s         |
| as provided in paragraph (b) of   | interest in the replacement water |
| this section.                     | shall be deemed sufficient in     |
|                                   | meeting the requirement that the  |
| \(b\) ~~When the authorized       | applicant control base property.  |
| officer determines that the soil, |                                   |
| vegetation, or other resources on | **(e)** If a permittee or lessee  |
| the public lands require          | loses ownership or control of all |
| immediate protection because of   | or part of his/her base property, |
| conditions such as drought, fire, | the permit or lease, to the       |
| flood, or insect infestation, or  | extent it was based upon such     |
| when continued grazing use poses  | lost property, shall terminate    |
| a significant risk of resource    | immediately without further       |
| damage, after consultation with,  | notice from the authorized        |
| or a reasonable attempt to        | officer. However, if, prior to    |
| consult with, affected permittees | losing ownership or control of    |
| or lessees, the interested        | the base property, the permittee  |
| public, and the State having      | or lessee requests, in writing,   |
| lands or responsible for managing | that the permit or lease be       |
| resources within the area, the    | extended to the end of the        |
| authorized officer shall close    | grazing season or grazing year,   |
| allotments or portions of         | the termination date may be       |
| allotments to grazing by any kind | extended as determined by the     |
| of livestock or modify authorized | authorized officer after          |
| grazing use notwithstanding the   | consultation with the new owner.  |
| provisions of paragraph (a) of    | When a permit or lease terminates |
| this section.~~ Notices of        | because of a loss of ownership or |
| closure and decisions requiring   | control of a base property, the   |
| modification of authorized        | grazing preference shall remain   |
| grazing use may be issued as      | with the base property and be     |
| final decisions effective upon    | available through application and |
| issuance or on the date specified | transfer procedures at 43 CFR     |
| in the decision. Such decisions   | 4110.2--3, to the new owner or    |
| ~~shall~~ remain in effect        | person in control of that base    |
| pending the decision on appeal    | property.                         |
| unless ~~a stay is granted by the |                                   |
| Office of Hearings and Appeals in | **(f)** Applicants who own or     |
| accordance with 43 CFR 4.21.~~    | control base property contiguous  |
|                                   | to or cornering upon public land  |
| Sec. 4110.4 Changes in public     | outside a grazing district where  |
| land acreage.                     | such public land consists of an   |
|                                   | isolated or disconnected tract    |
| Sec. 4110.4‑1 Additional land     | embracing 760 acres or less       |
| acreage.                          | shall, for a period of 90 days    |
|                                   | after the tract has been offered  |
| When lands outside designated     | for lease, have a preference      |
| allotments become available for   | right to lease the whole tract.   |
| livestock grazing under the       |                                   |
| administration of the Bureau of   | § 4110.2-2   Specifying **grazing |
| Land Management, the forage       | preference.**                     |
| available for livestock shall be  |                                   |
| made available to qualified       | \(a\) **All grazing permits and   |
| applicants at the discretion of   | grazing leases will specify**     |
| the authorized officer. Grazing   | **grazing preference**, except    |
| use shall be apportioned under    | for permits and leases for        |
| Sec. 4130.1‑2 of this title.      | designated ephemeral rangelands,  |
|                                   | where **BLM authorizes livestock  |
| Sec. 4110.4‑2 Decrease in land    | use** based upon forage           |
| acreage.                          | availability, or designated       |
|                                   | annual rangelands. **Preference   |
| \(a\) Where there is a decrease   | includes active use and any       |
| in public land acreage available  | suspended use.** **Active use     |
| for livestock grazing within an   | is** based upon the amount of     |
| allotment:                        | forage available for livestock    |
|                                   | grazing as established in the     |
| \(1\) Grazing permits or leases   | land use plan, activity plan, or  |
| may be canceled or modified as    | decision of the authorized        |
| appropriate to reflect the        | officer under §4110.3--3, except, |
| changed area of use.              | in the case of designated         |
|                                   | ephemeral or annual rangelands, a |
| \(2\) ~~Permitted use~~ may be    | land use plan or activity plan    |
| canceled in whole or in part.     | may alternatively prescribe       |
| Cancellations determined by the   | vegetation standards to be met in |
| authorized officer to be          | the use of such rangelands.       |
| necessary to protect the public   |                                   |
| lands will be apportioned by the  | \(b\) The **grazing preference**  |
| authorized officer based upon the | specified **is** attach**ed** to  |
| level of available forage and the | the base property supporting the  |
| magnitude of the change in public | grazing permit or grazing lease.  |
| land acreage available, or as     |                                   |
| agreed to among the authorized    | \(c\) The animal unit months of   |
| users and the authorized officer. | **grazing preference** are        |
|                                   | attached to:                      |
| \(b\) When public lands are       |                                   |
| disposed of or devoted to a       | \(1\) The acreage of land base    |
| public purpose which precludes    | property on a pro rata basis, or  |
| livestock grazing, the permittees |                                   |
| and lessees shall be given 2      | \(2\) Water base property on the  |
| years\' prior notification except | basis of livestock forage         |
| in cases of emergency (national   | production within the service     |
| defense requirements in time of   | area of the water.                |
| war, natural disasters, national  |                                   |
| emergency needs, etc.) before     | § 4110.2-3   Transfer of grazing  |
| their grazing permit or grazing   | preference.                       |
| lease and grazing preference may  |                                   |
| be canceled. A permittee or       | \(a\) Transfers of grazing        |
| lessee may unconditionally waive  | preference in whole or in part    |
| the 2‑year prior notification.    | are subject to the following      |
| Such a waiver shall not prejudice | requirements:                     |
| the permittee\'s or lessee\'s     |                                   |
| right to reasonable compensation  | \(1\) The transferee shall meet   |
| for, but not to exceed the fair   | all qualifications and            |
| market value of his or her        | requirements of §§4110.1,         |
| interest in authorized permanent  | 4110.2--1, and 4110.2--2.         |
| range improvements located on     |                                   |
| these public lands. (see Sec.     | \(2\) The transfer applications   |
| 4120.3‑6).                        | under paragraphs (b) and (c) of   |
|                                   | this section shall evidence       |
| Sec. 4110.5 Interest of Member of | assignment of interest and        |
| Congress.                         | obligation in range improvements  |
|                                   | authorized on public lands under  |
| Title 18 U.S.C. 431 through 433   | §4120.3 and maintained in         |
| (1970) generally prohibits a      | conjunction with the transferred  |
| Member of or Delegate to Congress | preference (see §4120.3--5). The  |
| from entering into any contract   | terms and conditions of the       |
| or agreement with the United      | cooperative range improvement     |
| States. Title 41 U.S.C. 22 (1970) | agreements and range improvement  |
| generally provides that in every  | permits are binding on the        |
| contract or agreement to be made  | transferee.                       |
| or entered into, or accepted by   |                                   |
| or on behalf of the United        | \(3\) The transferee shall accept |
| States, there shall be inserted   | the terms and conditions of the   |
| an express condition that no      | terminating grazing permit or     |
| Member of or Delegate to Congress | lease (see §4130.2) with such     |
| shall be admitted to any share or | modifications as he may request   |
| part of such contract or          | which are approved by the         |
| agreement, or to any benefit to   | authorized officer or with such   |
| arise thereupon. The provisions   | modifications as may be required  |
| of these laws are incorporated    | by the authorized officer.        |
| herein by reference and apply to  |                                   |
| all permits, leases, and          | \(4\) The transferee shall file   |
| agreements issued under these     | an application for a grazing      |
| regulations.                      | permit or lease to the extent of  |
|                                   | the transferred preference        |
| Subpart 4120‑‑Grazing Management  | simultaneously with filing a      |
|                                   | transfer application under        |
| Sec. 4120.1 Reserved              | paragraph (b) or (c) of this      |
|                                   | section.                          |
| Sec. 4120.2 Allotment management  |                                   |
| plans and resource activity       | \(b\) If base property is sold or |
| plans.                            | leased, the transferee shall      |
|                                   | within 90 days of the date of     |
| Allotment management plans or     | sale or lease file with the       |
| other activity plans intended to  | authorized officer a properly     |
| serve as the functional           | executed transfer application     |
| equivalent of allotment           | showing the base property and the |
| management plans may be developed | **grazing preference, in animal   |
| by permittees or lessees, other   | unit months, attached to that     |
| Federal or State resource         | base property**.                  |
| management agencies, interested   |                                   |
| citizens, and the Bureau of Land  | \(c\) If a grazing preference is  |
| Management. When such plans       | being transferred from one base   |
| affecting the administration of   | property to another base          |
| grazing allotments are developed, | property, the transferor shall    |
| the following provisions apply:   | own or control the base property  |
|                                   | from which the grazing preference |
| \(a\) An allotment management     | is being transferred and file     |
| plan or other activity plans      | with the authorized officer a     |
| intended to serve as the          | properly completed transfer       |
| functional equivalent of          | application for approval. No      |
| allotment management plans shall  | transfer will be allowed without  |
| be prepared in careful and        | the written consent of the        |
| considered consultation,          | owner(s), and any person or       |
| cooperation, and coordination     | entity holding an encumbrance of  |
| with affected permittee(s) or     | the base property from which the  |
| lessee(s), landowners involved,   | transfer is to be made.           |
| the resource advisory council,    |                                   |
| any State having lands or         | \(d\) At the date of approval of  |
| responsible for managing          | a transfer, the existing grazing  |
| resources within the area to be   | permit or lease shall terminate   |
| covered by such a plan, and the   | automatically and without notice  |
| interested public. The plan shall | to the extent of the transfer.    |
| become effective upon approval by |                                   |
| the authorized officer. The plans | \(e\) If an unqualified           |
| shall \--                         | transferee acquires rights in     |
|                                   | base property through operation   |
| \(1\) i Include terms and         | of law or testamentary            |
| conditions under §§ 4130.3 ,      | disposition, such transfer will   |
| 4130.3-1 , 4130.3-2 , 4130.3-3 ,  | not affect the grazing preference |
| and subpart 4180 of this part;    | or any outstanding grazing permit |
|                                   | or lease, or preclude the         |
| \(2\) Prescribe the livestock     | issuance or renewal of a grazing  |
| grazing practices necessary to    | permit or lease based on such     |
| meet specific resource            | property for a period of 2 years  |
| objectives;                       | after the transfer. However, such |
|                                   | a transferee shall qualify under  |
| \(3\) Specify the limits of       | paragraph (a) of this section     |
| flexibility, to be determined and | within the 2-year period or the   |
| granted on the basis of the       | grazing preference shall be       |
| operator\'s demonstrated          | subject to cancellation. The      |
| stewardship, within which the     | authorized officer may grant      |
| permittee(s) or lessee(s) may     | extensions of the 2-year period   |
| adjust operations without prior   | where there are delays solely     |
| approval of the authorized        | attributable to probate           |
| officer; and                      | proceedings.                      |
|                                   |                                   |
| \(4\) Provide for monitoring to   | \(f\) Transfers shall be for a    |
| evaluate the effectiveness of     | period of not less than 3 years   |
| management actions in achieving   | unless a shorter term is          |
| the specific resource objectives  | determined by the authorized      |
| of the plan.                      | officer to be consistent with     |
|                                   | management and resource condition |
| \(b\) Private and State lands may | objectives.                       |
| be included in allotment          |                                   |
| management plans or other         | \(g\) Failure of either the       |
| activity plans intended to serve  | transferee or the transferor to   |
| as the functional equivalent of   | comply with the regulations of    |
| allotment management plans        | this section may result in        |
| dealing with rangeland management | rejection of the transfer         |
| with the consent or at the        | application or cancellation of    |
| request of the parties who own or | grazing preference.               |
| control those lands.              |                                   |
|                                   | § 4110.2-4   Allotments.          |
| \(c\) The authorized officer      |                                   |
| shall provide opportunity for     | After consultation, cooperation,  |
| public participation in the       | and coordination with the         |
| planning and environmental        | affected grazing permittees or    |
| analysis of proposed plans        | lessees **and** the state having  |
| affecting the administration of   | lands or responsib**ility** for   |
| grazing and shall give public     | managing resources within the     |
| notice concerning the             | area, the authorized officer may  |
| availability of environmental     | designate and adjust grazing      |
| documents prepared as a part of   | allotment boundaries. The         |
| the development of such plans,    | authorized officer may combine or |
| prior to implementing the plans.  | divide allotments, through an     |
| The decision document following   | agreement or by decision, when    |
| the environmental analysis        | necessary for the proper and      |
| ~~shall be considered the         | efficient management of public    |
| proposed decision for the         | rangelands.                       |
| purposes of subpart 4160 of this  |                                   |
| part.~~                           | § 4110.3   Changes in **grazing   |
|                                   | preference**.                     |
| \(d\) A requirement to conform    |                                   |
| with completed allotment          | **(a)** The authorized officer    |
| management plans or other         | shall periodically review the     |
| applicable activity plans         | **grazing preference** specified  |
| intended to serve as the          | in a grazing permit or lease and  |
| functional equivalent of          | make changes in the **grazing     |
| allotment management plans shall  | preference** as needed to**:**    |
| be incorporated into the terms    |                                   |
| and conditions of the grazing     | **(1)** Manage, maintain or       |
| permit or lease for the           | improve rangeland productivity;   |
| allotment.                        |                                   |
|                                   | **(2)** Assist in **making        |
| \(e\) Allotment management plans  | progress towards** restoring      |
| or other applicable activity      | ecosystems to properly            |
| plans intended to serve as the    | functioning condition**s**;       |
| functional equivalent of          |                                   |
| allotment management plans may be | **(3)** Conform with land use     |
| revised or terminated by the      | plans or activity plans; or,      |
| authorized officer after          |                                   |
| consultation, cooperation, and    | **(4)** Comply with the           |
| coordination with the affected    | provisions of subpart 4180 of     |
| permittees or lessees, landowners | this part.                        |
| involved, the resource advisory   |                                   |
| council, any State having lands   | **(b) The authorized officer will |
| or responsible for managing       | support** **these changes by**    |
| resources within the area to be   | monitoring, **documented** field  |
| covered by the plan, and the      | observations, ecological site     |
| interested public.                | inventory or other data           |
|                                   | acceptable to the authorized      |
| Sec. 4120.3 Range improvements.   | officer.                          |
|                                   |                                   |
| Sec. 4120.3‑1 Conditions for      | \(c\) Before changing grazing     |
| range improvements.               | preference, the authorized        |
|                                   | officer will undertake the        |
| \(a\) Range improvements shall be | appropriate analysis as required  |
| installed, used, maintained,      | by the National Environmental     |
| and/or modified on the public     | Policy Act of 1969 (NEPA) (42     |
| lands, or removed from these      | U.S.C. 4321 *et seq*.). Under     |
| lands, in a manner consistent     | NEPA, the authorized officer will |
| with multiple‑use management.     | analyze and, if appropriate,      |
|                                   | document the relevant social,     |
| \(b\) Prior to installing, using, | economic, and cultural effects of |
| maintaining, and/or modifying     | the proposed action.              |
| range improvements on the public  |                                   |
| lands, permittees or lessees      | § 4110.3-1   Increasing           |
| shall have entered into a         | **active** use.                   |
| cooperative range improvement     |                                   |
| agreement with the Bureau of Land | **When monitoring or documented   |
| Management or must have an        | field observations show that      |
| approved range improvement        | additional forage is available    |
| permit.                           | for livestock grazing, either on  |
|                                   | a temporary or sustained yield    |
| \(c\) The authorized officer may  | basis, BLM may apportion**        |
| require a permittee or lessee to  | additional forage to qualified    |
| maintain and/or modify range      | applicants for livestock grazing  |
| improvements on the public lands  | use consistent with multiple-use  |
| under Sec. 4130.3‑2 of this       | management objectives **specified |
| title.                            | in the applicable land use        |
|                                   | plan**.                           |
| \(d\) The authorized officer may  |                                   |
| require a permittee or lessee to  | \(a\) [Additional forage          |
| install range improvements on the | temporarily                       |
| public lands in an allotment with | available.]{.underline} When the  |
| two or more permittees or lessees | authorized officer determines     |
| and/or to meet the terms and      | that additional forage is         |
| conditions of agreement.          | temporarily available for         |
|                                   | livestock, he may authorize its   |
| \(e\) A range improvement permit  | use on a nonrenewable basis under |
| or cooperative range improvement  | § 4130.6-2 in the following       |
| agreement does not convey to the  | order:                            |
| permittee or cooperator any       |                                   |
| right, title, or interest in any  | \(1\) To permittees or lessees    |
| lands or resources held by the    | who have preference for grazing   |
| United States.                    | use in the allotment where the    |
|                                   | forage is available, in           |
| \(f\) Proposed range improvement  | proportion to their active use;   |
| projects shall be reviewed in     | and,                              |
| accordance with the requirements  |                                   |
| of the National Environmental     | \(2\) To other qualified          |
| Policy Act of 1969 (42 U.S.C.     | applicants under § 4130.1-2.      |
| 4371 [et]{.underline}             |                                   |
| [seq]{.underline}.). The decision | \(b\) [Additional forage          |
| document following the            | available on a sustained yield    |
| environmental analysis ~~shall be | basis]{.underline}. When the      |
| considered the proposed decision  | authorized officer determines     |
| under subpart 4160 of this        | that additional forage is         |
| part~~.                           | available for livestock use on a  |
|                                   | sustained yield basis, he will    |
| Sec. 4120.3‑2 Cooperative range   | apportion it in the following     |
| improvement agreements.           | manner:                           |
|                                   |                                   |
| \(a\) The Bureau of Land          | \(1\) First, to remove all or a   |
| Management may enter into a       | part of the suspension of         |
| cooperative range improvement     | preference of permittee(s) or     |
| agreement with any person,        | lessee(s) with permits or leases  |
| organization, or other government | in the allotment in which the     |
| entity for the installation, use, | forage is available; and          |
| maintenance, and/or modification  |                                   |
| of permanent range improvements   | \(2\) Second, if additional       |
| or rangeland developments to      | forage remains after ending all   |
| achieve management or resource    | suspensions, the authorized       |
| condition objectives. The         | officer will consult, cooperate,  |
| cooperative range improvement     | and coordinate with the affected  |
| agreement shall specify how the   | permittees or lessees, the State  |
| costs or labor, or both, shall be | having lands or managing          |
| divided between the United States | resources within the area, the    |
| and cooperator(s).                | interested public, and apportion  |
|                                   | it in the following order:        |
| \(b\) Subject to valid existing   |                                   |
| rights, title to permanent range  | **(i)** Permittees or lessees in  |
| improvements such as fences,      | proportion to their contribution  |
| wells, and pipelines where        | or stewardship efforts which      |
| authorization is granted after    | result in increased forage        |
| ~~August 21, 1995 shall be in the | production;                       |
| name of the United States~~. The  |                                   |
| authorization for all new         | **(ii)** Permittee(s) or          |
| permanent water developments such | lessee(s) in proportion to the    |
| as spring developments, wells,    | amount of their **grazing         |
| reservoirs, stock tanks, and      | preference**; and                 |
| pipelines ~~shall~~ be through    |                                   |
| cooperative range improvement     | **(iii)** Other qualified         |
| agreements. A permittee\'s or     | applicants under §4130.1--2.      |
| lessee\'s interest in contributed |                                   |
| funds, labor, and materials       | § 4110.3-2   Decreasing           |
| ~~will be documented by Bureau of | **active** use.                   |
| Land Management~~ to ensure       |                                   |
| proper credit for the purposes of | \(a\) **The authorized officer    |
| §4120.3-5 and 4120.3-6(c).        | may suspend active** **use** in   |
|                                   | whole or in part on a temporary   |
| \(c\) The United States shall     | basis due to **reasons specified  |
| have title to nonstructural range | in § 4110.3-3(b)(1)**, or to      |
| improvements such as seeding,     | facilitate installation,          |
| spraying, and chaining.           | maintenance, or modification of   |
|                                   | range improvements.               |
| \(d\) Range improvement work      |                                   |
| performed by a cooperator or      | \(b\) When monitoring or          |
| permittee on the public lands or  | **documented** field observations |
| lands administered by the Bureau  | show grazing use or patterns of   |
| of Land Management does not       | use are not consistent with the   |
| confer the exclusive right to use | provisions of subpart 4180, or    |
| the improvement or the land       | grazing use is otherwise causing  |
| affected by the range improvement | an unacceptable level or pattern  |
| work.                             | of utilization, or when use       |
|                                   | exceeds the livestock carrying    |
| Sec. 4120.3‑3 Range improvement   | capacity as determined through    |
| permits.                          | monitoring, ecological site       |
|                                   | inventory or other acceptable     |
| \(a\) Any permittee or lessee may | methods, the authorized officer   |
| apply for a range improvement     | **will** reduce **active** use,   |
| permit to install, use, maintain, | otherwise modify management       |
| and/or modify removable range     | practices, **or both**. **To      |
| improvements that are needed to   | implement reductions under this   |
| achieve management objectives for | paragraph, BLM will suspend       |
| the allotment in which the permit | active use.**                     |
| or lease is held. The permittee   |                                   |
| or lessee shall agree to provide  | § 4110.3-3   Implementing         |
| full funding for construction,    | **changes** in **active** use.    |
| installation, modification, or    |                                   |
| maintenance. Such range           | \(a\) **(1)** After consultation, |
| improvement permits are issued at | cooperation, and coordination     |
| the discretion of the authorized  | with the affected permittee or    |
| officer.                          | lessee and the state having lands |
|                                   | or managing resources within the  |
| \(b\) The permittee or lessee may | area, **the authorized officer    |
| hold the title to authorized      | will implement changes in active  |
| removable range improvements used | use** through a documented        |
| as livestock handling facilities  | agreement or by a decision. **The |
| such as corrals, creep feeders    | authorized officer will implement |
| and loading chutes, and to        | changes in active use in excess   |
| temporary structural improvements | of 10 percent over a 5-year       |
| such as troughs for hauled water. | period unless:**                  |
|                                   |                                   |
| \(c\) ~~Where a permittee or      | \(i\) After consultation with     |
| lessee cannot make use of the     | affected permittees or lessees,   |
| forage available for livestock    | an agreement is reached to        |
| and an application for temporary  | implement the increase or         |
| nonuse or conservation use has    | decrease in less than 5 years, or |
| been denied or the opportunity to |                                   |
| make use of the available forage  | \(ii\) The changes must be made   |
| is requested by the authorized    | before 5 years have passed in     |
| officer, the permittee or lessee  | order to comply with applicable   |
| shall cooperate with the          | law.                              |
| temporary authorized use of       |                                   |
| forage by another operator, when  | **(2)** Decisions implementing §  |
| it is authorized by the           | 4110.3--2 **will** be issued as   |
| authorized officer following      | proposed decisions pursuant to §  |
| consultation with the preference  | 4160.1, except as provided in     |
| permittee(s) or lessee(s).~~      | paragraph (b) of this section.    |
|                                   |                                   |
| \(1\) A permittee or lessee shall | (b)(1) After consultation with,   |
| be reasonably compensated for the | or a reasonable attempt to        |
| use and maintenance of            | consult with, affected permittees |
| improvements and facilities by    | or lessees and the state having   |
| the operator who has an           | lands or responsible for managing |
| authorization for temporary       | resources within the area, the    |
| grazing use.                      | authorized officer will close     |
|                                   | allotments or portions of         |
| \(2\) The authorized officer may  | allotments to grazing by any kind |
| mediate disputes about reasonable | of livestock or modify authorized |
| compensation and, following       | grazing use notwithstanding the   |
| consultation with the interested  | provisions of paragraph (a) of    |
| parties, make a determination     | this section when the authorized  |
| concerning the fair and           | officer determines and documents  |
| reasonable share of operation and | that---                           |
| maintenance expenses and          |                                   |
| compensation for use of           | \(i\) The soil, vegetation, or    |
| authorized improvements and       | other resources on the public     |
| facilities.                       | lands require immediate           |
|                                   | protection because of conditions  |
| \(3\) Where a settlement cannot   | such as drought, fire, flood,     |
| be reached, the authorized        | insect infestation; or,           |
| officer shall issue a temporary   |                                   |
| grazing authorization including   | \(ii\) Continued grazing use      |
| appropriate terms and conditions  | poses an imminent likelihood of   |
| and the requirement to compensate | significant resource damage.      |
| the preference permittee or       |                                   |
| lessee for the fair share of      | \(2\) Notices of closure and      |
| operation and maintenance as      | decisions requiring modification  |
| determined by the authorized      | of authorized grazing use may be  |
| officer under subpart 4160 of     | issued as final decisions         |
| this part.                        | effective upon issuance or on the |
|                                   | date specified in the decision.   |
| Sec. 4120.3‑4 Standards, design   | Such decisions will remain in     |
| and stipulations.                 | effect pending the decision on    |
|                                   | appeal unless the Office of       |
| Range improvement permits and     | Hearings and Appeals grants a     |
| cooperative range improvement     | stay in accordance with § 4.472   |
| agreements shall specify the      | of this title.                    |
| standards, design, construction   |                                   |
| and maintenance criteria for the  | § 4110.4   Changes in public land |
| range improvements and other      | acreage.                          |
| additional conditions and         |                                   |
| stipulations or modifications     | § 4110.4-1   Additional land      |
| deemed necessary by the           | acreage.                          |
| authorized officer.               |                                   |
|                                   | When lands outside designated     |
| Sec. 4120.3‑5 Assignment of range | allotments become available for   |
| improvements.                     | livestock grazing under the       |
|                                   | administration of the Bureau of   |
| The authorized officer shall not  | Land Management, the forage       |
| approve the transfer of a grazing | available for livestock shall be  |
| preference under Sec. 4110.2‑3 of | made available to qualified       |
| this title or approve use by the  | applicants at the discretion of   |
| transferee of existing range      | the authorized officer. Grazing   |
| improvements, unless the          | use shall be apportioned under    |
| transferee has agreed to          | §4130.1--2 of this title.         |
| compensate the transferor for     |                                   |
| his/her interest in the           | § 4110.4-2   Decrease in land     |
| authorized improvements within    | acreage.                          |
| the allotment as of the date of   |                                   |
| the transfer.                     | \(a\) Where there is a decrease   |
|                                   | in public land acreage available  |
| Sec. 4120.3‑6 Removal and         | for livestock grazing within an   |
| compensation for loss of range    | allotment:                        |
| improvements.                     |                                   |
|                                   | \(1\) Grazing permits or leases   |
| \(a\) Range improvements shall    | may be cancelled or modified as   |
| not be removed from the public    | appropriate to reflect the        |
| lands without authorization.      | changed area of use.              |
|                                   |                                   |
| \(b\) The authorized officer may  | \(2\) **Grazing preference** may  |
| require permittees or lessees to  | be cancelled in whole or in part. |
| remove range improvements which   | Cancellations determined by the   |
| they own on the public lands if   | authorized officer to be          |
| these improvements are no longer  | necessary to protect the public   |
| helping to achieve land use plan  | lands will be apportioned by the  |
| or allotment goals and objectives | authorized officer based upon the |
| or if they fail to meet the       | level of available forage and the |
| criteria under Sec. 4120.3‑4 of   | magnitude of the change in public |
| this title.                       | land acreage available, or as     |
|                                   | agreed to among the authorized    |
| \(c\) Whenever a grazing permit   | users and the authorized officer. |
| or lease is cancelled in order to |                                   |
| devote the public lands covered   | \(b\) When public lands are       |
| by the permit or lease to another | disposed of or devoted to a       |
| public purpose, including         | public purpose which precludes    |
| disposal, the permittee or lessee | livestock grazing, the permittees |
| shall receive from the United     | and lessees shall be given 2      |
| States reasonable compensation    | years\' prior notification except |
| for the adjusted value of their   | in cases of emergency (national   |
| interest in authorized permanent  | defense requirements in time of   |
| improvements placed or            | war, natural disasters, national  |
| constructed by the permittee or   | emergency needs, etc.) before     |
| lessee on the public lands        | their grazing permit or grazing   |
| covered by the cancelled permit   | lease and grazing preference may  |
| or lease. The adjusted value is   | be canceled. A permittee or       |
| to be determined by the           | lessee may unconditionally waive  |
| authorized officer. Compensation  | the 2-year prior notification.    |
| shall not exceed the fair market  | Such a waiver shall not prejudice |
| value of the terminated portion   | the permittee\'s or lessee\'s     |
| of the permittee\'s or lessees    | right to reasonable compensation  |
| interest therein. Where a range   | for, but not to exceed the fair   |
| improvement is authorized by a    | market value of his or her        |
| range improvement permit, the     | interest in authorized permanent  |
| livestock operator may elect to   | range improvements located on     |
| salvage materials and perform     | these public lands (see           |
| rehabilitation measures rather    | §4120.3--6).                      |
| than be compensated for the       |                                   |
| adjusted value.                   | § 4110.5   Interest of Member of  |
|                                   | Congress.                         |
| \(d\) Permittees or lessees shall |                                   |
| be allowed 180 days from the date | Title 18 U.S.C. 431 through 433   |
| of cancellation of a range        | (1970) generally prohibits a      |
| improvement permit or cooperative | Member of or Delegate to Congress |
| range improvement agreement to    | from entering into any contract   |
| salvage material owned by them    | or agreement with the United      |
| and perform rehabilitation        | States. Title 41 U.S.C. 22 (1970) |
| measures necessitated by the      | generally provides that in every  |
| removal.                          | contract or agreement to be made  |
|                                   | or entered into, or accepted by   |
| Sec. 4120.3‑7 Contributions.      | or on behalf of the United        |
|                                   | States, there shall be inserted   |
| The authorized officer may accept | an express condition that no      |
| contributions of labor, material, | Member of or Delegate to Congress |
| equipment, or money for           | shall be admitted to any share or |
| administration, protection, and   | part of such contract or          |
| improvement of the public lands   | agreement, or to any benefit to   |
| necessary to achieve the          | arise thereupon. The provisions   |
| objectives of this part.          | of these laws are incorporated    |
|                                   | herein by reference and apply to  |
| Sec. 4120.3-8 Range improvement   | all permits, leases, and          |
| fund.                             | agreements issued under these     |
|                                   | regulations.                      |
| \(a\) In addition to range        |                                   |
| developments accomplished through | Subpart 4120---Grazing Management |
| other resources management funds, |                                   |
| authorized range improvement may  | § 4120.1   \[Reserved\]           |
| be secured through the use of the |                                   |
| appropriated range improvement    | § 4120.2   Allotment management   |
| fund. One-half of the available   | plans and resource activity       |
| funds shall be expended in the    | plans.                            |
| State and district from which     |                                   |
| they were derived. The remaining  | Allotment management plans or     |
| one-half of the fund shall be     | other activity plans intended to  |
| allocated, on a priority basis,   | serve as the functional           |
| by the Secretary for              | equivalent of allotment           |
| on-the-ground rehabilitation,     | management plans may be developed |
| protection and improvement of     | by permittees or lessees, other   |
| public rangeland ecosystems.      | Federal or State resource         |
|                                   | management agencies, interested   |
| \(b\) Funds appropriated for      | citizens, and the Bureau of Land  |
| range improvement are to be used  | Management. When such plans       |
| for investment in all forms of    | affecting the administration of   |
| improvements that benefit         | grazing allotments are developed, |
| rangeland resources including     | the following provisions apply:   |
| riparian area rehabilitation,     |                                   |
| improvement and protection, fish  | \(a\) An allotment management     |
| and wildlife habitat improvement  | plan or other activity plans      |
| or protection, soil and water     | intended to serve as the          |
| resource improvement, wild horse  | functional equivalent of          |
| and burro habitat management      | allotment management plans shall  |
| facilities, vegetation            | be prepared in careful and        |
| improvement and management, and   | considered consultation,          |
| livestock grazing management. The | cooperation, and coordination     |
| funds may be used for activities  | with affected permittees or       |
| associated with on-the-ground     | lessees, landowners involved, the |
| improvements including the        | resource advisory council, any    |
| planning, design, layout,         | State having lands or responsible |
| contracting, modification,        | for managing resources within the |
| maintenance for which Bureau of   | area to be covered by such a      |
| Land Management is responsible,   | plan, and the interested public.  |
| and monitoring and evaluating the | The plan shall become effective   |
| effectiveness of specific range   | upon approval by the authorized   |
| improvement projects.             | officer. The plans shall---       |
|                                   |                                   |
| \(c\) During the planning of the  | \(1\) Include terms and           |
| range development or range        | conditions under §§4130.3,        |
| improvement programs, the         | 4130.3--1, 4130.3--2, 4130.3--3,  |
| authorized officer shall consult  | and subpart 4180 of this part;    |
| the resource advisory council,    |                                   |
| affected permittees, lessees, and | \(2\) Prescribe the livestock     |
| members of the interested public. | grazing practices necessary to    |
|                                   | meet specific resource            |
| § 4120.3-9 Water rights for the   | objectives;                       |
| purpose of livestock grazing on   |                                   |
| public lands.                     | \(3\) Specify the limits of       |
|                                   | flexibility, to be determined and |
| Any right ~~acquired on or after  | granted on the basis of the       |
| August 21, 1995~~ to use water on | operator\'s demonstrated          |
| public land for the purpose of    | stewardship, within which the     |
| livestock watering on public land | permittee(s) or lessee(s) may     |
| shall be acquired, perfected,     | adjust operations without prior   |
| maintained and administered under | approval of the authorized        |
| the substantive and procedural    | officer; and                      |
| laws of the State within which    |                                   |
| such land is located. ~~To the    | \(4\) Provide for monitoring to   |
| extent allowed by the law of the  | evaluate the effectiveness of     |
| State within which the land is    | management actions in achieving   |
| located, any such water right     | the specific resource objectives  |
| shall be acquired, perfected,     | of the plan.                      |
| maintained, and administered in   |                                   |
| the name of the United States.~~  | \(b\) Private and State lands may |
|                                   | be included in allotment          |
| Sec. 4120.4 Special rules.        | management plans or other         |
|                                   | activity plans intended to serve  |
| \(a\) When a State Director       | as the functional equivalent of   |
| determines that local conditions  | allotment management plans        |
| require a special rule to achieve | dealing with rangeland management |
| improved administration           | with the consent or at the        |
| consistent with the objectives of | request of the parties who own or |
| this part, the Director may       | control those lands.              |
| approve such rules. The rules     |                                   |
| shall be subject to public review | \(c\) The authorized officer      |
| and comment, as appropriate, and  | shall provide opportunity for     |
| upon approval, shall become       | public participation in the       |
| effective when published in the   | planning and environmental        |
| Federal Register as final rules.  | analysis of proposed plans        |
| Special rules shall be published  | affecting the administration of   |
| in a local newspaper.             | grazing and shall give public     |
|                                   | notice concerning the             |
| \(b\) Where the Bureau of Land    | availability of environmental     |
| Management administers the        | documents prepared as a part of   |
| grazing use of other Federal      | the development of such plans,    |
| Agency lands, the terms of an     | prior to implementing the plans.  |
| appropriate Memorandum of         | The decision document following   |
| Understanding or Cooperative      | the environmental analysis **will |
| Agreement shall apply.            | be issued in accordance with §    |
|                                   | 4160.1.**                         |
| Sec. 4120.5 Cooperation.          |                                   |
|                                   | \(d\) A requirement to conform    |
| § 4120.5-1 Cooperation in         | with completed allotment          |
| management.                       | management plans or other         |
|                                   | applicable activity plans         |
| The authorized officer shall, to  | intended to serve as the          |
| the extent appropriate, cooperate | functional equivalent of          |
| with Federal, State, Indian       | allotment management plans shall  |
| tribal and local governmental     | be incorporated into the terms    |
| entities, institutions,           | and conditions of the grazing     |
| organizations, corporations,      | permit or lease for the           |
| associations, and individuals to  | allotment.                        |
| achieve the objectives of this    |                                   |
| part.                             | \(e\) Allotment management plans  |
|                                   | or other applicable activity      |
| § 4120.5-2 Cooperation with       | plans intended to serve as the    |
| State, county, and Federal        | functional equivalent of          |
| agencies.                         | allotment management plans may be |
|                                   | revised or terminated by the      |
| Insofar as the programs and       | authorized officer after          |
| responsibilities of other         | consultation, cooperation, and    |
| agencies and units of government  | coordination with the affected    |
| involve grazing upon the public   | permittees or lessees, landowners |
| lands and other lands             | involved, the resource advisory   |
| administered by the Bureau of     | council, any State having lands   |
| Land Management, or the livestock | or responsible for managing       |
| which graze thereon, the Bureau   | resources within the area to be   |
| of Land Management will           | covered by the plan, and the      |
| cooperate, to the extent          | interested public.                |
| consistent with applicable laws   |                                   |
| of the United States, with the    | § 4120.3   Range improvements.    |
| involved agencies and government  |                                   |
| entities. The authorized officer  | § 4120.3-1   Conditions for range |
| ~~shall~~ cooperate with State,   | improvements.                     |
| county, and Federal agencies in   |                                   |
| the administration of laws and    | \(a\) Range improvements shall be |
| regulations relating to           | installed, used, maintained,      |
| livestock, livestock diseases,    | and/or modified on the public     |
| sanitation, and noxious weeds     | lands, or removed from these      |
| including-                        | lands, in a manner consistent     |
|                                   | with multiple-use management.     |
| \(a\) State cattle and sheep      |                                   |
| sanitary or brand boards in       | \(b\) Prior to installing, using, |
| control of stray and unbranded    | maintaining, and/or modifying     |
| livestock, to the extent such     | range improvements on the public  |
| cooperation does not conflict     | lands, permittees or lessees      |
| with the Wild Free-Roaming Horse  | shall have entered into a         |
| and Burro Act of 1971 (16 U.S.C.  | cooperative range improvement     |
| 1331 [et]{.underline}             | agreement with the Bureau of Land |
| [seq.]{.underline}); ~~and~~      | Management or must have an        |
|                                   | approved range improvement        |
| \(b\) County or other local weed  | permit.                           |
| control districts in analyzing    |                                   |
| noxious weed problems and         | \(c\) The authorized officer may  |
| developing control programs for   | require a permittee or lessee to  |
| areas of the public lands and     | maintain and/or modify range      |
| other lands administered by the   | improvements on the public lands  |
| Bureau of Land Management.        | under §4130.3--2 of this title.   |
|                                   |                                   |
| Subpart 4130‑‑Authorizing Grazing | \(d\) The authorized officer may  |
| Use                               | require a permittee or lessee to  |
|                                   | install range improvements on the |
| Sec. 4130.1 Applications.         | public lands in an allotment with |
|                                   | two or more permittees or lessees |
| Sec. 4130.1-1 Filing              | and/or to meet the terms and      |
| Applications.                     | conditions of agreement.          |
|                                   |                                   |
| Applications for grazing permits  | \(e\) A range improvement permit  |
| or leases (active use and         | or cooperative range improvement  |
| nonuse), free‑use grazing permits | agreement does not convey to the  |
| and other grazing authorizations  | permittee or cooperator any       |
| shall be filed with the           | right, title, or interest in any  |
| authorized officer at the local   | lands or resources held by the    |
| Bureau of Land Management office  | United States.                    |
| having jurisdiction over the      |                                   |
| public lands involved.            | \(f\) Proposed range improvement  |
|                                   | projects shall be reviewed in     |
| \[ROADMAP NOTE -- Paragraph b, in | accordance with the requirements  |
| the right column, was moved from  | of the National Environmental     |
| subpart 4110 to here, with one    | Policy Act of 1969 (42 U.S.C.     |
| minor change.\]                   | 4371 *et seq.*). The decision     |
|                                   | document following the            |
| Sec. 4130.1‑2 Conflicting         | environmental analysis **will be  |
| applications.                     | issued in accordance with §       |
|                                   | 4160.1**.                         |
| When more than one qualified      |                                   |
| applicant applies for livestock   | § 4120.3-2   Cooperative range    |
| grazing use of the same public    | improvement agreements.           |
| lands and/or where additional     |                                   |
| forage for livestock or           | \(a\) The Bureau of Land          |
| additional acreage becomes        | Management may enter into a       |
| available, the authorized officer | cooperative range improvement     |
| may authorize grazing use of such | agreement with a person,          |
| land or forage on the basis of    | organization, or other government |
| Sec. 4110.3‑1 of this title or on | entity for the installation, use, |
| the basis of any of the following | maintenance, and/or modification  |
| factors:                          | of permanent range improvements   |
|                                   | or rangeland developments to      |
| \(a\) Historical use of the       | achieve management or resource    |
| public lands (see Sec. 4130.2(e)  | condition objectives. The         |
| );                                | cooperative range improvement     |
|                                   | agreement shall specify how the   |
| \(b\) Proper use of rangeland     | costs or labor, or both, shall be |
| resources;                        | divided between the United States |
|                                   | and cooperator(s).                |
| \(c\) General needs of the        |                                   |
| applicant\'s, livestock           | \(b\) Subject to valid existing   |
| operations;                       | rights, **cooperators and the     |
|                                   | United States will share** title  |
| \(d\) Public ingress or egress    | to permanent range improvements   |
| across privately owned or         | such as fences, wells, and        |
| controlled land to public lands;  | pipelines where authorization is  |
|                                   | granted after **\[Insert date 30  |
| \(e\) Topography;                 | days after publication of final   |
|                                   | rule in the FEDERAL REGISTER\] in |
| \(f\) Other land use requirements | proportion to their contribution  |
| unique to the situation.          | to on-the-ground project          |
|                                   | development and construction      |
| \(g\) Demonstrated stewardship by | costs**. The authorization for    |
| the applicant to improve or       | all new permanent water           |
| maintain and protect the          | developments such as spring       |
| rangeland ecosystem; and          | developments, wells, reservoirs,  |
|                                   | stock tanks, and pipelines        |
| \(h\) The applicant\'s and        | **will** be through cooperative   |
| affiliate\'s history of           | range improvement agreements.     |
| compliance with the terms and     | **The authorized officer will     |
| conditions of grazing permits and | document** a permittee\'s or      |
| leases of the Bureau of Land      | lessee\'s interest in contributed |
| Management and any other Federal  | funds, labor, and materials to    |
| or State agency, including any    | ensure proper credit for the      |
| record of suspensions or          | purposes of §§4120.3--5 and       |
| cancellation of grazing use for   | 4120.3--6(c).                     |
| violations of terms and           |                                   |
| conditions of agency grazing      | \(c\) The United States will have |
| rules.                            | title to nonstructural range      |
|                                   | improvements such as seeding,     |
| Sec. 4130.2 Grazing permits or    | spraying, and chaining.           |
| leases.                           |                                   |
|                                   | \(d\) Range improvement work      |
| \(a\) Grazing permits or leases   | performed by a cooperator or      |
| ~~shall be issued to qualified    | permittee on the public lands or  |
| applicants to~~ authorize use on  | lands administered by the Bureau  |
| the public lands and other lands  | of Land Management does not       |
| ~~under the administration of the | confer the exclusive right to use |
| Bureau of Land Management~~ that  | the improvement or the land       |
| are designated ~~as available for | affected by the range improvement |
| livestock grazing through land    | work.                             |
| use plans~~. Permits or leases    |                                   |
| shall specify ~~the types and     | § 4120.3-3   Range improvement    |
| levels of use authorized,         | permits.                          |
| including livestock grazing,      |                                   |
| suspended use, and conservation   | \(a\) Any permittee or lessee may |
| use~~. These grazing permits or   | apply for a range improvement     |
| leases ~~shall~~ also specify     | permit to install, use, maintain, |
| terms and conditions pursuant to  | and/or modify removable range     |
| §§ 4130.3, 4130.3-1, and          | improvements that are needed to   |
| 4130.3-2.                         | achieve management objectives for |
|                                   | the allotment in which the permit |
| \(b\) The authorized officer      | or lease is held. The permittee   |
| shall consult, cooperate and      | or lessee shall agree to provide  |
| coordinate with affected          | full funding for construction,    |
| permittees or lessees, the State  | installation, modification, or    |
| having lands or responsib~~le~~   | maintenance. Such range           |
| for managing resources within the | improvement permits are issued at |
| area, ~~and the interested public | the discretion of the authorized  |
| prior to the issuance or renewal  | officer.                          |
| of~~ grazing permits and leases.  |                                   |
|                                   | \(b\) The permittee or lessee may |
| \(c\) Grazing permits or leases   | hold the title to authorized      |
| convey no right, title, or        | removable range improvements used |
| interest held by the United       | as livestock handling facilities  |
| States in any lands or resources. | such as corrals, creep feeders,   |
|                                   | and loading chutes, and to        |
| \(d\) The term of grazing permits | temporary structural improvements |
| or leases authorizing livestock   | such as troughs for hauled water. |
| grazing on the public lands and   |                                   |
| other lands under the             | \(c\) **If forage available for   |
| administration of the Bureau of   | livestock is not or will not be   |
| Land Management shall be 10 years | used by the preference permittee  |
| unless \--                        | or lessee, BLM may issue          |
|                                   | nonrenewable grazing permits and  |
| \(1\) The land is being           | leases to other qualified         |
| considered for disposal;          | applicants to use it under §§     |
|                                   | 4130.6-2 and 4130.4(d), or §      |
| \(2\) The land will be devoted to | 4110.3-1(a)(2). The term "forage  |
| a public purpose which precludes  | available for livestock" does not |
| grazing prior to the end of 10    | include temporary nonuse that BLM |
| years;                            | approves for reasons of natural   |
|                                   | resource conservation,            |
| \(3\) The term of the base        | enhancement, or protection, or    |
| property lease is less than 10    | use suspended by BLM under §      |
| years, in which case the term of  | 4110.3-2(b). Before issuing a     |
| the Federal permit or lease shall | nonrenewable permit or lease, BLM |
| coincide with the term of the     | will consult, cooperate and       |
| base property lease; or           | coordinate as provided in §       |
|                                   | 4130.6-2. If BLM issues such a    |
| \(4\) the authorized officer      | nonrenewable permit or lease, the |
| determines that a permit or lease | preference permittee or lessee    |
| for less than 10 years is the     | will cooperate with the temporary |
| best interest of sound land       | authorized use of forage by       |
| management.                       | another operator.**               |
|                                   |                                   |
| \(e\) Permittees or lessees       | \(1\) A permittee or lessee shall |
| holding expiring grazing permits  | be reasonably compensated for the |
| or leases shall be given first    | use and maintenance of            |
| priority for new permits or       | improvements and facilities by    |
| leases if:                        | the operator who has an           |
|                                   | authorization for temporary       |
| \(1\) The lands for which the     | grazing use.                      |
| permit or lease is issued remain  |                                   |
| available for domestic livestock  | \(2\) The authorized officer may  |
| grazing;                          | mediate disputes about reasonable |
|                                   | compensation and, following       |
| \(2\) The permittee or lessee is  | consultation with the interested  |
| in compliance with the rules and  | parties, make a determination     |
| regulations and the terms and     | concerning the fair and           |
| conditions in the permit or       | reasonable share of operation and |
| lease;                            | maintenance expenses and          |
|                                   | compensation for use of           |
| \(3\) The permittee or lessee     | authorized improvements and       |
| accepts the terms and conditions  | facilities.                       |
| to be included by the authorized  |                                   |
| officer in the new permit or      | \(3\) Where a settlement cannot   |
| lease.                            | be reached, the authorized        |
|                                   | officer shall issue a temporary   |
| \(f\) ~~The authorized officer    | grazing authorization including   |
| will not offer, grant or renew    | appropriate terms and conditions  |
| grazing permits or leases when    | and the requirement to compensate |
| the applicants, including         | the preference permittee or       |
| permittees or lessees seeking     | lessee for the fair share of      |
| renewal, refuse to accept the     | operation and maintenance as      |
| proposed terms and conditions of  | determined by the authorized      |
| a permit or lease~~.              | officer under subpart 4160 of     |
|                                   | this part.                        |
| ~~(g) Temporary nonuse and        |                                   |
| conservation use may be approved  | § 4120.3-4   Standards, design    |
| by the authorized officer if such | and stipulations.                 |
| use is determined to be in        |                                   |
| conformance with the applicable   | Range improvement permits and     |
| land use plans, allotment         | cooperative range improvement     |
| management plan or other activity | agreements shall specify the      |
| plans and the provisions of       | standards, design, construction   |
| subpart 4180 of this part.~~      | and maintenance criteria for the  |
|                                   | range improvements and other      |
| ~~(1) Conservation use may be     | additional conditions and         |
| approved for periods of up to 10  | stipulations or modifications     |
| years when, in the determination  | deemed necessary by the           |
| of the authorized officer, the    | authorized officer.               |
| proposed use will promote         |                                   |
| rangeland resource protection or  | § 4120.3-5   Assignment of range  |
| enhancement of resource values or | improvements.                     |
| uses, including more rapid        |                                   |
| progress toward resource          | The authorized officer shall not  |
| condition objectives; or~~        | approve the transfer of a grazing |
|                                   | preference under §4110.2--3 of    |
| ~~(2) Temporary nonuse for        | this title or approve use by the  |
| reasons including but not limited | transferee of existing range      |
| to financial conditions or annual | improvements, unless the          |
| fluctuations of livestock, may be | transferee has agreed to          |
| approved on an annual basis for   | compensate the transferor for     |
| no more than 3 consecutive years. | his/her interest in the           |
| Permittees or lessees applying    | authorized improvements within    |
| for temporary nonuse shall state  | the allotment as of the date of   |
| the reasons supporting nonuse.~~  | the transfer.                     |
|                                   |                                   |
| ~~(h) Application for             | § 4120.3-6   Removal and          |
| nonrenewable grazing permits and  | compensation for loss of range    |
| leases under §§ 4110.3-1 and      | improvements.                     |
| 4130.6-2 for areas for which      |                                   |
| conservation use has been         | \(a\) Range improvements shall    |
| authorized will not be approved.  | not be removed from the public    |
| Forage made available as a result | lands without authorization.      |
| of temporary nonuse may be made   |                                   |
| available to qualified applicants | \(b\) The authorized officer may  |
| under § 4130.6-2.~~               | require permittees or lessees to  |
|                                   | remove range improvements which   |
| ~~(i)~~ Permits or leases may     | they own on the public lands if   |
| incorporate the percentage of     | these improvements are no longer  |
| public land livestock use (see    | helping to achieve land use plan  |
| Sec. 4130.3‑2) or may include     | or allotment goals and objectives |
| private land offered under        | or if they fail to meet the       |
| exchange‑of‑use grazing           | criteria under §4120.3--4 of this |
| agreements (see Sec. 4130. 6‑1).  | title.                            |
|                                   |                                   |
| ~~(j)~~ Provisions explaining how | \(c\) Whenever a grazing permit   |
| grazing permits or authorizations | or lease is cancelled in order to |
| may be granted for grazing use on | devote the public lands covered   |
| state, county or private land     | by the permit or lease to another |
| leased by the Bureau of Land      | public purpose, including         |
| Management under "The Pierce Act" | disposal, the permittee or lessee |
| and located within grazing        | shall receive from the United     |
| districts are explained in 43 CFR | States reasonable compensation    |
| part 4600.                        | for the adjusted value of their   |
|                                   | interest in authorized permanent  |
| Sec. 4130.3 Terms and conditions. | improvements placed or            |
|                                   | constructed by the permittee or   |
| Livestock grazing permits and     | lessee on the public lands        |
| leases shall contain terms and    | covered by the cancelled permit   |
| conditions determined by the      | or lease. The adjusted value is   |
| authorized officer to be          | to be determined by the           |
| appropriate to achieve the        | authorized officer. Compensation  |
| management and resource condition | shall not exceed the fair market  |
| objectives for the public lands   | value of the terminated portion   |
| and other lands administered by   | of the permittee\'s or lessee\'s  |
| the Bureau of Land Management,    | interest therein. Where a range   |
| and to ensure conformance with    | improvement is authorized by a    |
| the provisions of subpart 4180 of | range improvement permit, the     |
| this part.                        | livestock operator may elect to   |
|                                   | salvage materials and perform     |
| Sec. 4130.3-1 Mandatory terms and | rehabilitation measures rather    |
| conditions.                       | than be compensated for the       |
|                                   | adjusted value.                   |
| \(a\) The authorized officer      |                                   |
| shall specify the kind and number | \(d\) Permittees or lessees shall |
| of livestock, the period(s) of    | be allowed 180 days from the date |
| use, the allotment(s) to be used, | of cancellation of a range        |
| and the amount of use, in animal  | improvement permit or cooperative |
| unit months, for every grazing    | range improvement agreement to    |
| permit or lease. The authorized   | salvage material owned by them    |
| livestock grazing use shall not   | and perform rehabilitation        |
| exceed the livestock carrying     | measures necessitated by the      |
| capacity of the allotment.        | removal.                          |
|                                   |                                   |
| \(b\) All permits and leases      | § 4120.3-7   Contributions.       |
| shall be made subject to          |                                   |
| cancellation, suspension, or      | The authorized officer may accept |
| modification for any violation of | contributions of labor, material, |
| these regulations or of any term  | equipment, or money for           |
| or condition of the permit or     | administration, protection, and   |
| lease.                            | improvement of the public lands   |
|                                   | necessary to achieve the          |
| \(c\) Permits and leases shall    | objectives of this part.          |
| incorporate terms and conditions  |                                   |
| that ensure conformance with      | § 4120.3-8   Range improvement    |
| subpart 4180 of this part.        | fund.                             |
|                                   |                                   |
| Sec. 4130.3-2 Other terms and     | \(a\) In addition to range        |
| conditions.                       | developments accomplished through |
|                                   | other resource management funds,  |
| The authorized officer may        | authorized range improvements may |
| specify in grazing permits or     | be secured through the use of the |
| leases other terms and conditions | appropriated range improvement    |
| which will assist in achieving    | fund. One-half of the available   |
| management objectives, provide    | funds shall be expended in the    |
| for proper range management or    | State and district from which     |
| assist in the orderly             | they were derived. The remaining  |
| administration of the public      | one-half of the fund shall be     |
| rangelands. These may include but | allocated, on a priority basis,   |
| are not limited to:               | by the Secretary for              |
|                                   | on-the-ground rehabilitation,     |
| \(a\) The class of livestock that | protection and improvement of     |
| will graze on an allotment;       | public rangeland ecosystems.      |
|                                   |                                   |
| \(b\) The breed of livestock in   | \(b\) Funds appropriated for      |
| allotments within which two or    | range improvements are to be used |
| more permittees or lessees are    | for investment in all forms of    |
| authorized to graze;              | improvements that benefit         |
|                                   | rangeland resources including     |
| \(c\) Authorization to use, and   | riparian area rehabilitation,     |
| directions for placement of       | improvement and protection, fish  |
| supplemental feed, including      | and wildlife habitat improvement  |
| salt, for improved livestock and  | or protection, soil and water     |
| rangeland management on the       | resource improvement, wild horse  |
| public lands;                     | and burro habitat management      |
|                                   | facilities, vegetation            |
| \(d\) A requirement that          | improvement and management, and   |
| permittees or lessees operating   | livestock grazing management. The |
| under a grazing permit or lease   | funds may be used for activities  |
| submit within 15 days after       | associated with on-the-ground     |
| completing their annual grazing   | improvements including the        |
| use, or as otherwise specified in | planning, design, layout,         |
| the permit or lease, the actual   | contracting, modification,        |
| use made;                         | maintenance for which the Bureau  |
|                                   | of Land Management is             |
| \(e\) The kinds of indigenous     | responsible, and monitoring and   |
| animals authorized to graze under | evaluating the effectiveness of   |
| specific terms and conditions:    | specific range improvement        |
|                                   | projects.                         |
| \(f\) Provision for livestock     |                                   |
| grazing temporarily to be         | \(c\) During the planning of the  |
| delayed, discontinued or modified | range development or range        |
| to allow for the reproduction,    | improvement programs, the         |
| establishment, or restoration of  | authorized officer shall consult  |
| vigor of plants, provide for the  | the resource advisory council,    |
| improvement of riparian areas to  | affected permittees, lessees, and |
| achieve proper functioning        | members of the interested public. |
| condition or for the protection   |                                   |
| of other rangeland resources and  | § 4120.3-9   Water rights for the |
| values consistent with objectives | purpose of livestock grazing on   |
| of applicable land use plans, or  | public lands.                     |
| to prevent compaction of wet      |                                   |
| soils, such as where delay of     | Any right **that the United       |
| spring turnout is required        | States acquires** to use water on |
| because of weather conditions or  | public land for the purpose of    |
| lack of plant growth;             | livestock watering on public land |
|                                   | will be acquired, perfected,      |
| \(g\) The percentage of public    | maintained and administered under |
| land use determined by the        | the substantive and procedural    |
| proportion of livestock forage    | laws of the State within which    |
| available on public lands within  | such land is located.             |
| the allotment compared to the     |                                   |
| total amount available from both  | § 4120.4   Special rules.         |
| public lands and those owned or   |                                   |
| controlled by the permittee or    | \(a\) When a State Director       |
| lessee; and                       | determines that local conditions  |
|                                   | require a special rule to achieve |
| \(h\) A statement disclosing the  | improved administration           |
| requirement that permittees or    | consistent with the objectives of |
| lessees shall provide reasonable  | this part, the Director may       |
| administrative access across      | approve such rules. The rules     |
| private and leased lands to the   | shall be subject to public review |
| Bureau of Land Management for the | and comment, as appropriate, and  |
| orderly management and protection | upon approval, shall become       |
| of the public lands.              | effective when published in the   |
|                                   | Federal Register as final rules.  |
| Sec. 4130.3-3 Modification of     | Special rules shall be published  |
| permits or leases.                | in a local newspaper.             |
|                                   |                                   |
| Following consultation,           | \(b\) Where the Bureau of Land    |
| cooperation and coordination with | Management administers the        |
| the affected lessees or           | grazing use of other Federal      |
| permittees, the State having      | Agency lands, the terms of an     |
| lands or responsible for managing | appropriate Memorandum of         |
| resources within the area, ~~and  | Understanding or Cooperative      |
| the interested public~~, the      | Agreement shall apply.            |
| authorized officer may modify     |                                   |
| terms and conditions of the       | § 4120.5   Cooperation.           |
| permit or lease when the active   |                                   |
| ~~grazing~~ use or related        | § 4120.5-1   Cooperation in       |
| management practices ~~are not    | management.                       |
| meeting~~ ~~the land use plan,    |                                   |
| allotment management plan or      | The authorized officer shall, to  |
| other activity plan, or           | the extent appropriate, cooperate |
| management objectives, or is not  | with Federal, State, Indian       |
| in conformance with the           | tribal and local governmental     |
| provisions of subpart 4180 of     | entities, institutions,           |
| this part.~~ To the extent        | organizations, corporations,      |
| practical, ~~the authorized       | associations, and individuals to  |
| officer shall provide to affected | achieve the objectives of this    |
| permittees or lessees, States     | part.                             |
| having lands or responsibility    |                                   |
| for managing resources within the | § 4120.5-2   Cooperation with     |
| affected area, and the interested | **Tribal**, state, county, and    |
| public an opportunity to review,  | Federal agencies.                 |
| comment and give input~~ during   |                                   |
| the preparation of reports that   | Insofar as the programs and       |
| evaluate monitoring and other     | responsibilities of other         |
| data that ~~are~~ use~~d~~ as a   | agencies and units of government  |
| basis for making decisions to     | involve grazing upon the public   |
| increase or decrease grazing use, | lands and other lands             |
| or to change the terms and        | administered by the Bureau of     |
| conditions of a permit or lease.  | Land Management, or the livestock |
|                                   | which graze thereon, the Bureau   |
| Sec. 4130.4 ~~Approval~~ of       | of Land Management will           |
| changes in grazing use within the | cooperate, to the extent          |
| terms and conditions of permits   | consistent with applicable laws   |
| and leases.                       | of the United States, with the    |
|                                   | involved agencies and government  |
| **\[ROADMAP NOTE -- In the right  | entities. The authorized officer  |
| column, paragraphs (b)and (c) are | **will** cooperate with           |
| entirely new, paragraphs (e) and  | **Tribal**, state, county, and    |
| (f) is text moved, in amended     | Federal agencies in the           |
| form, from §4130.2, and           | administration of laws and        |
| paragraphs (a) and (d) were       | regulations relating to           |
| rewritten from paragraph (b) of   | livestock, livestock diseases,    |
| §4130.4 (this section).\]**       | sanitation, and noxious weeds     |
|                                   | including---                      |
| (~~a) Applications for changes in |                                   |
| grazing use should be filed with  | \(a\) State cattle and sheep      |
| the authorized officer before the | sanitary or brand boards in       |
| billing notices for the affected  | control of stray and unbranded    |
| grazing use have been issued.     | livestock, to the extent such     |
| Applications for changes in       | cooperation does not conflict     |
| grazing use filed after the       | with the Wild Free-Roaming Horse  |
| billing notices for the affected  | and Burro Act of 1971 (16 U.S.C.  |
| grazing use have been issued and  | 1331 et seq.);                    |
| which require the issuance of a   |                                   |
| replacement or supplemental       | \(b\) County or other local weed  |
| billing notice shall be subject   | control districts in analyzing    |
| to a service charge under Sec.    | noxious weed problems and         |
| 4130.8‑3 of this title~~ .        | developing control programs for   |
|                                   | areas of the public lands and     |
| ~~(b) Changes in grazing use      | other lands administered by the   |
| within the terms and conditions   | Bureau of Land Management;        |
| of the permit or lease may be     | **and**                           |
| granted by the authorized         |                                   |
| officer. Permittees and lessees   | \(c\) Tribal, state, county, or   |
| may apply to activate forage in   | local government-established      |
| temporary nonuse or conservation  | grazing boards in reviewing range |
| use or to place forage in         | improvements and allotment        |
| temporary nonuse or conservation  | management plans on public lands. |
| use, and may apply for the use of |                                   |
| forage that is temporarily        | Subpart 4130---Authorizing        |
| available on designated ephemeral | Grazing Use                       |
| or annual ranges.~~               |                                   |
|                                   | § 4130.1   Applications.          |
| Sec. 4130.5 Free‑use grazing      |                                   |
| permits.                          | § 4130.1-1   Filing applications. |
|                                   |                                   |
| \(a\) A free‑use grazing permit   | **(a)** Applications for grazing  |
| shall be issued to any applicant  | permits or leases (active use and |
| whose residence is adjacent to    | nonuse), free-use grazing permits |
| public lands within grazing       | and other grazing authorizations  |
| districts and who needs these     | shall be filed with the           |
| public lands to support those     | authorized officer at the local   |
| domestic livestock owned by the   | Bureau of Land Management office  |
| applicant whose products or work  | having jurisdiction over the      |
| are used directly and exclusively | public lands involved.            |
| by the applicant and his family.  |                                   |
| The issuance of free‑use grazing  | \(b\) The authorized officer will |
| permits is subject to Sec.        | determine whether applicants for  |
| 4130.1‑2. These permits shall be  | the renewal of permits and leases |
| issued on an annual basis. These  | or issuance of permits and leases |
| permits cannot be transferred or  | that authorize use of new or      |
| assigned.                         | transferred preference,and any    |
|                                   | affiliates, have a satisfactory   |
| \(b\) The authorized officer may  | record of performance. The        |
| also authorize free use under the | authorized officer will not renew |
| following circumstances:          | or issue a permit or lease unless |
|                                   | the applicant and all affiliates  |
| \(1\) The primary objective of    | have a satisfactory record of     |
| ~~authorized~~ grazing use ~~or   | performance.                      |
| conservation use~~ is the         |                                   |
| management of vegetation to meet  | \(1\) [Renewal of permit or       |
| resource objectives other than    | lease.]{.underline}               |
| the production of livestock       |                                   |
| forage and such use is in         | \(i\) The authorized officer will |
| conformance with the requirements | deem the applicant for renewal of |
| of this part;                     | a grazing permit or lease, and    |
|                                   | any affiliate, to have a          |
| \(2\) The primary purpose of      | satisfactory record of            |
| grazing use is for scientific     | performance if the authorized     |
| research or administrative        | officer determines the applicant  |
| studies; or                       | and affiliates to be in           |
|                                   | substantial compliance with the   |
| \(3\) The primary purpose of      | terms and conditions of the       |
| grazing use is the control of     | existing Federal grazing permit   |
| noxious weeds.                    | or lease for which renewal is     |
|                                   | sought, and with the rules and    |
| Sec. 4130.6 Other grazing         | regulations applicable to the     |
| authorizations.                   | permit or lease.                  |
|                                   |                                   |
| Exchange‑of‑use grazing           | \(ii\) The authorized officer may |
| agreements, nonrenewable grazing  | take into consideration           |
| permits or leases, crossing       | circumstances beyond the control  |
| permits, and special grazing      | of the applicant or affiliate in  |
| permits or leases have no         | determining whether the applicant |
| priority for renewal and cannot   | and affiliates are in substantial |
| be transferred or assigned.       | compliance with permit or lease   |
|                                   | terms and conditions and          |
| Sec. 4130.6-1 Exchange‑of‑use     | applicable rules and regulations. |
| grazing agreements.               |                                   |
|                                   | \(2\) [New permit or lease or     |
| \(a\) An exchange‑of‑use grazing  | transfer of grazing               |
| agreement may be issued to an     | preference]{.underline}. The      |
| applicant who owns or controls    | authorized officer will deem      |
| lands that are unfenced and       | applicants for new permits and    |
| intermingled with public lands in | leases or transfer of grazing     |
| the same allotment when use under | preference, including permits and |
| such an agreement will be in      | leases that arise from transfer   |
| harmony with the management       | of preference, and any            |
| objectives for the allotment and  | affiliates, to have a record of   |
| will be compatible with the       | satisfactory performance when \-- |
| existing livestock operations.    |                                   |
| The agreements shall contain      | \(i\) The applicant or affiliate  |
| appropriate terms and conditions  | has not had any Federal grazing   |
| required under § 4130.3 that      | permit or lease canceled, in      |
| ensure the orderly administration | whole or in part, for violation   |
| of the range, including fair and  | of the permit or lease within the |
| equitable sharing of the          | 36 calendar months immediately    |
| operation and maintenance of      | preceding the date of             |
| range improvements. The term of   | application; and                  |
| an exchange-of-use agreement may  |                                   |
| not exceed the length of the term | \(ii\) The applicant or affiliate |
| for any leased lands that are     | has not had any state grazing     |
| offered in exchange-of-use.       | permit or lease, for lands within |
|                                   | the grazing allotment for which a |
| \(b\) An exchange‑of‑use grazing  | Federal permit or lease is        |
| agreement may be issued to        | sought, canceled, in whole or in  |
| authorize use of public lands to  | part, for violation of the permit |
| the extent of the livestock       | or lease within the 36 calendar   |
| carrying capacity of the lands    | months immediately preceding the  |
| offered in exchange‑of‑use. No    | date of application; and          |
| fee shall be charged for this     |                                   |
| grazing use.                      | \(iii\) A court of competent      |
|                                   | jurisdiction has not barred the   |
| Sec. 4130.6-2 Nonrenewable        | applicant or affiliate from       |
| grazing permits and leases.       | holding a Federal grazing permit  |
|                                   | or lease.                         |
| Nonrenewable grazing permits or   |                                   |
| leases may be issued on an annual | \(c\) In determining whether      |
| basis to qualified applicants     | affiliation exists, the           |
| when forage is temporarily        | authorized officer will consider  |
| available, provided this use is   | all appropriate factors,          |
| consistent with multiple‑use      | including, but not limited to,    |
| objectives and does not interfere | common ownership, common          |
| with existing livestock           | management, identity of interest  |
| operations on the public lands.   | among family members, and         |
| The authorized officer shall      | contractual relationships.        |
| consult, cooperate and coordinate |                                   |
| with affected permittees or       | § 4130.1-2   Conflicting          |
| lessees, the State having lands   | applications.                     |
| or responsib~~le~~ for managing   |                                   |
| resources within the area, ~~and  | When more than one qualified      |
| the interested public prior to    | applicant applies for livestock   |
| the issuance of~~ nonrenewable    | grazing use of the same public    |
| grazing permits and leases.       | lands and/or where additional     |
|                                   | forage for livestock or           |
| Sec. 4130.6-3 Crossing permits.   | additional acreage becomes        |
|                                   | available, the authorized officer |
| A crossing permit may be issued   | may authorize grazing use of such |
| by the authorized officer to any  | land or forage on the basis of    |
| applicant showing a need to cross | §4110.3--1 of this title or on    |
| the public land or other land     | the basis of any of the following |
| under Bureau of Land Management   | factors:                          |
| control, or both, with livestock  |                                   |
| for proper and lawful purposes. A | \(a\) Historical use of the       |
| temporary use authorization for   | public lands (see §4130.2(e));    |
| trailing livestock shall contain  |                                   |
| terms and conditions for the      | \(b\) Proper use of rangeland     |
| temporary grazing use that will   | resources;                        |
| occur as deemed necessary by the  |                                   |
| authorized officer to achieve the | \(c\) General needs of the        |
| objectives of this part.          | applicant\'s livestock            |
|                                   | operations;                       |
| Sec. 4130.6-4 Special grazing     |                                   |
| permits or leases.                | \(d\) Public ingress or egress    |
|                                   | across privately owned or         |
| Special grazing permits or leases | controlled land to public lands;  |
| authorizing grazing use by        |                                   |
| privately owned or controlled     | \(e\) Topography;                 |
| indigenous animals may be issued  |                                   |
| at the discretion of the          | \(f\) Other land use requirements |
| authorized officer. This use      | unique to the situation.          |
| shall be consistent with          |                                   |
| multiple‑use objectives. These    | \(g\) Demonstrated stewardship by |
| permits or leases shall be issued | the applicant to improve or       |
| for a term deemed appropriate by  | maintain and protect the          |
| the authorized officer not to     | rangeland ecosystem; and          |
| exceed 10 years.                  |                                   |
|                                   | \(h\) The applicant\'s and        |
| Sec. 4130.7 Ownership and         | affiliate\'s history of           |
| identification of livestock.      | compliance with the terms and     |
|                                   | conditions of grazing permits and |
| \(a\) The permittee or lessee     | leases of the Bureau of Land      |
| shall own or control and be       | Management and any other Federal  |
| responsible for the management of | or State agency, including any    |
| the livestock which graze the     | record of suspensions or          |
| public land under a grazing       | cancellations of grazing use for  |
| permit or lease.                  | violations of terms and           |
|                                   | conditions of agency grazing      |
| \(b\) Authorized users shall      | rules.                            |
| comply with the requirements of   |                                   |
| the State in which the public     | § 4130.2   Grazing permits or     |
| lands are located relating to     | leases.                           |
| branding of livestock, breed,     |                                   |
| grade, and number of bulls,       | \(a\) Grazing permits or leases   |
| health and sanitation.            | authorize use on the public lands |
|                                   | and other **BLM-administered**    |
| \(c\) The authorized officer may  | lands that are designated **in    |
| require counting and/or           | land use plans as available for   |
| additional special marking or     | livestock grazing**. Permits and  |
| tagging of the authorized         | leases will specify the **grazing |
| livestock in order to promote the | preference, including active and  |
| orderly administration of the     | suspended use**. These grazing    |
| public lands.                     | permits and leases **will** also  |
|                                   | specify terms and conditions      |
| \(d\) Except as provided in       | pursuant to §§ 4130.3, 4130.3--1, |
| paragraph (f) of this section,    | and 4130.3--2.                    |
| where a permittee or lessee       |                                   |
| controls but does not own the     | \(b\) The authorized officer      |
| livestock which graze the public  | shall consult, cooperate and      |
| lands, the agreement that gives   | coordinate with affected          |
| the permittee or lessee control   | permittees or lessees and the     |
| of the livestock by the permittee | state having lands or             |
| or lessee shall be filed with the | responsib**ility** for managing   |
| authorized officer and approval   | resources within the area         |
| received prior to any grazing     | **before issuing or renewing**    |
| use. The document shall describe  | grazing permits and leases.       |
| the livestock and livestock       |                                   |
| numbers, identify the owner of    | \(c\) Grazing permits or leases   |
| the livestock, contain the terms  | convey no right, title, or        |
| for the care and management of    | interest held by the United       |
| the livestock, specify the        | States in any lands or resources. |
| duration of the agreement, and    |                                   |
| shall be signed by the parties to | \(d\) The term of grazing permits |
| the agreement.                    | or leases authorizing livestock   |
|                                   | grazing on the public lands and   |
| \(e\) The brand and other         | other lands under the             |
| identifying marks on livestock    | administration of the Bureau of   |
| controlled, but not owned, by the | Land Management shall be 10 years |
| permittee or lessee shall be      | unless---                         |
| filed with the authorized         |                                   |
| officer.                          | \(1\) The land is being           |
|                                   | considered for disposal;          |
| \(f\) Livestock owned by sons and |                                   |
| daughters of grazing permittees   | \(2\) The land will be devoted to |
| and lessees may graze public      | a public purpose which precludes  |
| lands included within the permit  | grazing prior to the end of 10    |
| or lease of their parents when    | years;                            |
| the following conditions exist:   |                                   |
|                                   | \(3\) The term of the base        |
| \(1\) The sons and daughters are  | property lease is less than 10    |
| participating in educational or   | years, in which case the term of  |
| youth programs related to animal  | the Federal permit or lease shall |
| husbandry, agribusiness or        | coincide with the term of the     |
| rangeland management, or are      | base property lease; or           |
| actively involved in the family   |                                   |
| ranching operation and are        | \(4\) The authorized officer      |
| establishing a livestock herd     | determines that a permit or lease |
| with the intent of assuming part  | for less than 10 years is in the  |
| or all of the family ranch        | best interest of sound land       |
| operation, and                    | management.                       |
|                                   |                                   |
| \(2\) The livestock owned by the  | \(e\) Permittees or lessees       |
| sons and daughters to be grazed   | holding expiring grazing permits  |
| on public lands do not comprise   | or leases shall be given first    |
| greater than 50 percent of the    | priority for new permits or       |
| total number authorized to occupy | leases if:                        |
| public lands under their          |                                   |
| parent\'s permit or lease,        | \(1\) The lands for which the     |
|                                   | permit or lease is issued remain  |
| \(3\) The brands or other         | available for domestic livestock  |
| markings of livestock that are    | grazing;                          |
| owned by sons and daughters are   |                                   |
| recorded on the parent\'s permit, | \(2\) The permittee or lessee is  |
| lease, or grazing application,    | in compliance with the rules and  |
|                                   | regulations and the terms and     |
| \(4\) Use by livestock owned by   | conditions in the permit or       |
| sons and daughters, when          | lease; **and**                    |
| considered in addition to use by  |                                   |
| livestock owned or controlled by  | \(3\) The permittee or lessee     |
| the permittee or lessee, does not | accepts the terms and conditions  |
| exceed authorized numbers and is  | to be included by the authorized  |
| consistent with other terms and   | officer in the new permit or      |
| conditions of the permit or       | lease.                            |
| lease.                            |                                   |
|                                   | \(f\) **A permit or lease is not  |
| Sec. 4130.8 Fees.                 | valid unless both BLM and the     |
|                                   | permittee or lessee have signed   |
| Sec. 4130.8-1 Payment of fees.    | it.**                             |
|                                   |                                   |
| \(a\) Grazing fees shall be       | \[ROADMAP NOTE -- CONSERVATION    |
| established annually by the       | USE PROVISIONS (see left column)  |
| Secretary.                        | ELIMINATED AND NONUSE PROVISIONS  |
|                                   | MOVED, IN AMENDED FORM, TO §      |
| \(1\) Except as provided in       | 4130.4.\]                         |
| paragraphs (a)(2) and (a)(3) of   |                                   |
| this section, the calculated fee  | **(g)** Permits or leases may     |
| or grazing fee shall be equal to  | incorporate the percentage of     |
| the \$1.23 base established by    | public land livestock use (see    |
| the 1966 Western Livestock        | §4130.3--2**(g)**) or may include |
| Grazing Survey multiplied by the  | private land offered under        |
| result of the Forage Value Index  | exchange-of-use grazing           |
| (computed annually from data      | agreements (see §4130.6--1).      |
| supplied by the National          |                                   |
| Agricultural Statistics Service)  | **(h)** Provisions explaining how |
| added to the Combined Index (Beef | grazing permits or authorizations |
| Cattle Price Index minus the      | may be granted for grazing use on |
| Prices Paid Index) and divided by | state, county or private land     |
| 100; as follows:                  | leased by the Bureau of Land      |
|                                   | Management under "The Pierce Act" |
| CF=\$1.23x(FVI+BCPI - PPI)/100    | and located within grazing        |
|                                   | districts are explained in 43 CFR |
| CF=Calculated Fee (grazing fee)   | part 4600.                        |
| is the estimated economic value   |                                   |
| of livestock grazing, defined by  | § 4130.3   Terms and conditions.  |
| the Congress as fair market       |                                   |
| value(FMV) of the forage;         | **(a)** Livestock grazing permits |
|                                   | and leases shall contain terms    |
| \$1.23=The base economic value of | and conditions determined by the  |
| grazing on public rangeland       | authorized officer to be          |
| established by the 1966 Western   | appropriate to achieve management |
| Livestock Grazing Survey;         | and resource condition objectives |
|                                   | for the public lands and other    |
| FVI=\"Forage Value Index\" means  | lands administered by the Bureau  |
| the weighted average estimate of  | of Land Management, and to ensure |
| the annual rental charge per head | conformance with the provisions   |
| per month for pasturing cattle on | of subpart 4180 of this part.     |
| private rangelands in the 11      |                                   |
| Western States (Montana, Idaho,   | \(b\) Upon a BLM offer of a       |
| Wyoming, Colorado, New Mexico,    | permit or lease, the permit or    |
| Arizona, Utah, Nevada,            | lease terms and conditions may be |
| Washington, Oregon, and           | protested and appealed under part |
| California) (computed by the      | 4 and subpart 4160.               |
| National Agricultural Statistics  |                                   |
| Service from the June Enumerative | \(c\) If any term or condition of |
| Survey) divided by \$3.65 and     | a BLM-offered permit or lease is  |
| multiplied by 100;                | stayed pending appeal, BLM will   |
|                                   | authorize grazing use as provided |
| BCPI=\"Beef Cattle Price Index\"  | in § 4160.4 with respect to the   |
| means the weighted average annual | stayed term or condition.         |
| selling price for beef cattle     |                                   |
| (excluding calves) in the 11      | § 4130.3-1   Mandatory terms and  |
| Western States (Montana, Idaho,   | conditions.                       |
| Wyoming, Colorado, New Mexico,    |                                   |
| Arizona, Utah, Nevada,            | \(a\) The authorized officer      |
| Washington, Oregon, and           | shall specify the kind and number |
| California) for November through  | of livestock, the period(s) of    |
| October (computed by the National | use, the allotment(s) to be used, |
| Agricultural Statistics Service   | and the amount of use, in animal  |
| divided by \$22.04 per hundred    | unit months, for every grazing    |
| weight and multiplied by 100; and | permit or lease. The authorized   |
|                                   | livestock grazing use shall not   |
| PPI=\"Prices Paid Index\" means   | exceed the livestock carrying     |
| the following selected components | capacity of the allotment.        |
| from the National Agricultural    |                                   |
| Statistics Service\'s Annual      | \(b\) All permits and leases      |
| National Index of Prices Paid by  | shall be made subject to          |
| Farmers for Goods and Services    | cancellation, suspension, or      |
| adjusted by the weights indicated | modification for any violation of |
| in parentheses to reflect         | these regulations or of any term  |
| livestock production costs in the | or condition of the permit or     |
| Western States: 1. Fuels and      | lease.                            |
| Energy (14.5); 2. Farm and Motor  |                                   |
| Supplies (12.0); 3. Autos and     | \(c\) Permits and leases shall    |
| Trucks (4.5); 4. Tractors and     | incorporate terms and conditions  |
| Self‑Propelled Machinery (4.5);   | that ensure conformance with      |
| 5. Other Machinery (12.0); 6.     | subpart 4180 of this part.        |
| Building and Fencing Materials    |                                   |
| (14.5); 7. Interest (6.0); 8.     | § 4130.3-2   Other terms and      |
| Farm Wage Rates (14.0); 9. Farm   | conditions.                       |
| Services (18.0).                  |                                   |
|                                   | The authorized officer may        |
| \(2\) Any annual increase or      | specify in grazing permits or     |
| decrease in the grazing fee for   | leases other terms and conditions |
| any given year shall be limited   | which will assist in achieving    |
| to not more than plus or minus 25 | management objectives, provide    |
| percent of the previous year\'s   | for proper range management or    |
| fee.                              | assist in the orderly             |
|                                   | administration of the public      |
| \(3\) The grazing fee for any     | rangelands. These may include but |
| year shall not be less than       | are not limited to:               |
| \$1.35 per animal unit month.     |                                   |
|                                   | \(a\) The class of livestock that |
| \(b\) Fees shall be charged for   | will graze on an allotment;       |
| livestock grazing upon or         |                                   |
| crossing the public lands and     | \(b\) The breed of livestock in   |
| other lands administered by the   | allotments within which two or    |
| Bureau of Land Management at a    | more permittees or lessees are    |
| specified rate per animal unit    | authorized to graze;              |
| month.                            |                                   |
|                                   | \(c\) Authorization to use, and   |
| \(c\) Except as provided in       | directions for placement of       |
| section 4130.5, the full fee      | supplemental feed, including      |
| shall be charged for each animal  | salt, for improved livestock and  |
| unit month of authorized grazing  | rangeland management on the       |
| use. For the purposes of          | public lands;                     |
| calculating the fee, an animal    |                                   |
| unit month is defined as a        | \(d\) A requirement that          |
| month\'s use and occupancy of     | permittees or lessees operating   |
| range by ~~one~~ cow, bull,       | under a grazing permit or lease   |
| steer, heifer, horse, burro,      | submit within 15 days after       |
| mule, 5 sheep, or 5 goats, over   | completing their annual grazing   |
| the age of 6 months at the time   | use, or as otherwise specified in |
| of entering the public lands or   | the permit or lease, the actual   |
| other lands administered by       | use made;                         |
| Bureau of Land Management; ~~by   |                                   |
| any such~~ weaned ~~animals~~     | \(e\) The kinds of indigenous     |
| regardless of age~~; and by       | animals authorized to graze under |
| such~~ animals that ~~will        | specific terms and conditions;    |
| become~~ twelve (12) months of    |                                   |
| age during the authorized period  | \(f\) Provision for livestock     |
| of use~~. No~~ charge ~~shall be  | grazing temporarily to be         |
| made~~ for animals ~~under~~ 6    | delayed, discontinued or modified |
| months of age, at the time of     | to allow for the reproduction,    |
| entering ~~public lands or other  | establishment, or restoration of  |
| lands administered by the Bureau  | vigor of plants, provide for the  |
| of Land Management,~~ that are    | improvement of riparian areas to  |
| the natural progeny of animals    | achieve proper functioning        |
| upon which fees are paid,         | condition or for the protection   |
| provided they will not become     | of other rangeland resources and  |
| twelve (12) months of age during  | values consistent with objectives |
| the authorized period of use~~,   | of applicable land use plans, or  |
| nor for~~ progeny ~~born during   | to prevent compaction of wet      |
| that period~~. In calculating the | soils, such as where delay of     |
| billing ~~the grazing fee is      | spring turnout is required        |
| prorated~~ on a daily basis and   | because of weather conditions or  |
| charges ~~are rounded~~ to        | lack of plant growth;             |
| reflect the nearest whole number  |                                   |
| of animal unit months.            | \(g\) The percentage of public    |
|                                   | land use determined by the        |
| ~~(d)~~ A surcharge shall be      | proportion of livestock forage    |
| added to the grazing fee billings | available on public lands within  |
| for authorized of livestock owned | the allotment compared to the     |
| by persons other than the         | total amount available from both  |
| permittee or lessee except where  | public lands and those owned or   |
| such use is made by livestock     | controlled by the permittee or    |
| owned by sons and daughters of    | lessee; and                       |
| permittees and lessees as         |                                   |
| provided in § 4130.7(f). The      | \(h\) A statement disclosing the  |
| surcharge shall be over and above | requirement that permittees or    |
| any other fees that may be        | lessees shall provide reasonable  |
| charged for using public land     | administrative access across      |
| forage. Surcharges shall be paid  | private and leased lands to the   |
| prior to grazing use. The         | Bureau of Land Management for the |
| surcharge for authorized          | orderly management and protection |
| pasturing of livestock owned by   | of the public lands.              |
| persons other than the permittee  |                                   |
| or lessee will be equal to 35     | § 4130.3-3   Modification of      |
| percent of the difference between | permits or leases.                |
| the current year\'s Federal       |                                   |
| grazing fee and the prior year\'s | **(a)** Following consultation,   |
| private grazing land lease rate   | cooperation, and coordination     |
| per animal unit month for the     | with the affected lessees or      |
| appropriate State as determined   | permittees and the state having   |
| by the National Agricultural      | lands or responsibility for       |
| Statistics Service.               | managing resources within the     |
|                                   | area, the authorized officer may  |
| \(e\) Fees are due on due date    | modify terms and conditions of    |
| specified on the grazing fee      | the permit or lease when the      |
| bill. Payment will be made prior  | active use or related management  |
| to grazing use. Grazing use that  | practices:                        |
| occurs prior to payment of a      |                                   |
| bill, except where specified in   | **(1) Do not meet** **management  |
| an allotment management plan, is  | objectives specified in**:        |
| unauthorized and may be dealt     |                                   |
| with under subparts 4150 and 4170 | **(i)** The land use plan;        |
| of this part. If allotment        |                                   |
| management plans provide for      | \(ii\) The pertinent allotment    |
| billing after the grazing season, | management plan or other activity |
| fees will be based on actual      | plan; or                          |
| grazing use and will be due upon  |                                   |
| issuance. Repeated delays in      | \(iii\) An applicable decision    |
| payment of actual use billings or | issued under § 4160.3; or         |
| noncompliance with the terms and  |                                   |
| conditions of the allotment       | \(2\) Do not conform to the       |
| management plan and permit or     | provisions of subpart 4180.       |
| lease shall be cause to revoke    |                                   |
| provisions for                    | **(b)** To the extent practical,  |
| after-the-grazing-season billing. | during the preparation of reports |
|                                   | that evaluate monitoring and      |
| \(f\) Failure to pay the grazing  | other data that the **authorized  |
| bill within 15 days of the due    | officer** use**s** as a basis for |
| date specified in the bill shall  | making decisions to increase or   |
| result in a late fee assessment   | decrease grazing use, or          |
| of \$25.00 or 10 percent of the   | **otherwise** to change the terms |
| grazing bill, whichever is        | and conditions of a permit or     |
| greater, but not to exceed        | lease, **the authorized officer   |
| \$250.00. Payment made later than | will provide the following with   |
| 15 days after the due date, shall | an opportunity to review and      |
| include the appropriate late fee  | offer input:**                    |
| assessment. Failure to make       |                                   |
| payment within 30 days ~~may be~~ | \(1\) Affected permittees or      |
| a violation of Sec. 4140.1(b)(1)  | lessees;                          |
| and ~~shall~~ result in action by |                                   |
| the authorized officer under      | \(2\) States having lands or      |
| Secs. 4150.1 and 4160.1‑2.        | responsibility for managing       |
|                                   | resources within the affected     |
| Sec. 4130.8-2 Refunds.            | area; and                         |
|                                   |                                   |
| \(a\) Grazing fees may be         | \(3\) The interested public.      |
| refunded where applications for   |                                   |
| change in grazing use and related | § 4130.4   **Authorization** of   |
| refund are filed prior to the     | **temporary** changes in grazing  |
| period of use for which the       | use within the terms and          |
| refund is requested.              | conditions of permits and         |
|                                   | leases**, including temporary     |
| \(b\) No refunds shall be made    | nonuse**.                         |
| for failure to make grazing use,  |                                   |
| except during periods of range    | \(a\) The authorized officer may  |
| depletion due to drought, fire,   | authorize temporary changes in    |
| or other natural causes, or in    | grazing use within the terms and  |
| case of a general spread of       | conditions of the permit or       |
| disease among the livestock that  | lease.                            |
| occurs during the term of a       |                                   |
| permit or lease. During these     | \(b\) For the purposes of this    |
| periods of range depletion the    | subpart, "temporary changes in    |
| authorized officer may credit or  | grazing use within the terms and  |
| refund fees in whole or in part,  | conditions of the permit or       |
| or postpone fee payment for as    | lease" means temporary changes in |
| long as the emergency exists.     | livestock number, period of use,  |
|                                   | or both, that would:              |
| Sec. 4130.8-3 Service charge.     |                                   |
|                                   | \(1\) Result in temporary nonuse; |
| ~~A service charge may be         | or                                |
| assessed for each crossing        |                                   |
| permit, transfer of grazing       | \(2\) Result in forage removal    |
| preference, application solely    | that \--                          |
| for nonuse or conservation use,   |                                   |
| and each replacement or           | \(i\) Does not exceed the amount  |
| supplemental billing notice       | of active use specified in the    |
| except for actions initiated by   | permit or lease; and              |
| the authorized officer. Pursuant  |                                   |
| to section 304(a) of the Federal  | \(ii\) Occurs either not earlier  |
| Land Policy and Management Act of | than 14 days before the begin     |
| 1976 (43 U.S.C. 1734(a)),         | date specified on the permit or   |
| calculation of the Bureau service | lease, and not later than 14 days |
| charge assessed shall reflect     | after the end date specified on   |
| processing costs and shall be     | the permit or lease, unless       |
| adjusted periodically as costs    | otherwise specified in the        |
| change. Notice of changes shall   | appropriate allotment management  |
| be published periodically in the  | plan under § 4120.2(a)(3); or     |
| Federal Register.~~               |                                   |
|                                   | \(3\) Result in both temporary    |
| Sec. 4130.9 Pledge of permits or  | nonuse under paragraph (b)(1) of  |
| leases as security for loans.     | this section and forage removal   |
|                                   | under paragraph (b)(2) of this    |
| Grazing permits or leases that    | section.                          |
| have been pledged as security for |                                   |
| loans from lending agencies shall | \(c\) The authorized officer will |
| be renewed by the authorized      | consult, cooperate and coordinate |
| officer under the provisions of   | with the permittees or lessees    |
| these regulations for a period of | regarding their applications for  |
| not to exceed 10 years if the     | changes within the terms and      |
| loan is for the purpose of        | conditions of their permit or     |
| furthering the permittee\'s or    | lease.                            |
| lessee\'s livestock operation,    |                                   |
| Provided, That the permittee or   | \(d\) Permittees and lessees must |
| lessee has complied with the      | apply if they wish --             |
| rules and regulations of this     |                                   |
| part and that such renewal will   | \(1\) Not to use all or a part of |
| be in accordance with other       | their active use by applying for  |
| applicable laws and regulations.  | temporary nonuse under paragraph  |
| While grazing permits or leases   | (e) of this section;              |
| may be pledged as security for    |                                   |
| loans from lending agencies, this | \(2\) To use forage previously    |
| does not exempt these permits or  | authorized as temporary nonuse;   |
| leases from the provisions of     | or                                |
| these regulations.                |                                   |
|                                   | \(3\) To use of forage that is    |
| Subpart 4140‑‑Prohibited Acts     | temporarily available on          |
|                                   | designated ephemeral or annual    |
| Sec. 4140.1 Acts prohibited on    | ranges.                           |
| public lands.                     |                                   |
|                                   | (e)(1) Temporary nonuse is        |
| ~~The following acts are          | authorized --                     |
| prohibited on public lands and    |                                   |
| other lands administered by the   | \(i\) Only if the authorized      |
| Bureau of Land Management:~~      | officer approves it in advance;   |
|                                   | and                               |
| \(a\) Grazing permittees or       |                                   |
| lessees performing the following  | \(ii\) For no longer than one     |
| prohibited acts may be subject to | year at a time.                   |
| civil penalties under Sec.        |                                   |
| 4170.1:                           | \(2\) Permittees or lessees       |
|                                   | applying for temporary nonuse     |
| \(1\) Violating special terms and | must state on their application   |
| conditions incorporated in        | the reasons supporting nonuse.    |
| permits or leases;                | The authorized officer may        |
|                                   | authorize nonuse to provide for:  |
| \(2\) Failing to make substantial |                                   |
| grazing use as authorized for 2   | \(i\) Natural resource            |
| consecutive fee years~~, but not  | conservation, enhancement, or     |
| including~~ approved temporary    | protection, including more rapid  |
| nonuse~~, conservation use,~~ or  | progress toward meeting resource  |
| use temporarily suspended by the  | condition objectives or           |
| authorized officer;               | attainment of rangeland health    |
|                                   | standards; or                     |
| \(3\) Placing supplemental feed   |                                   |
| on these lands without            | \(ii\) The business or personal   |
| authorization.                    | needs of the permittee or lessee. |
|                                   |                                   |
| \(4\) Failing to comply with the  | \(f\) Under § 4130.6-2, the       |
| terms, conditions, and            | authorized officer may authorize  |
| stipulations of cooperative range | qualified applicants to graze     |
| improvement agreements or range   | forage made available as a result |
| improvement permits;              | of temporary nonuse approved for  |
|                                   | the reasons described in          |
| \(5\) Refusing to install,        | paragraph (e)(2)(ii). The         |
| maintain, modify, or remove range | authorized officer will not       |
| improvements when so directed by  | authorize anyone to graze forage  |
| the authorized officer.           | made available as a result of     |
|                                   | temporary nonuse approved under   |
| \(6\) Unauthorized leasing or     | paragraph (e)(2)(i) of this       |
| subleasing as defined in this     | section.                          |
| part.                             |                                   |
|                                   | \(g\) Permittees or lessees who   |
| \(b\) Persons performing the      | wish to obtain temporary changes  |
| following prohibited acts         | in grazing use within the terms   |
| ~~related to rangelands shall     | and conditions of their permit or |
| be~~ subject to civil and         | lease must file an application in |
| criminal penalties set forth at   | writing with BLM on or before the |
| §§ 4170.1 and 4170.2:             | date they wish the change in      |
|                                   | grazing use to begin. The         |
| \(1\) Allowing livestock or other | authorized officer will assess a  |
| privately owned or controlled     | service charge under § 4130.8-3   |
| animals to graze on or be driven  | to process applications for       |
| across these lands:               | changes in grazing use that       |
|                                   | require the issuance of a         |
| \(i\) Without a permit or lease,  | replacement or supplemental       |
| ~~and annual grazing              | billing notice.                   |
| authorization. For the purposes   |                                   |
| of this paragraph, grazing bills  | § 4130.5   Free-use grazing       |
| for which payment has not been    | permits.                          |
| received do not constitute        |                                   |
| grazing authorization.~~          | \(a\) A free-use grazing permit   |
|                                   | shall be issued to any applicant  |
| \(ii\) In violation of the terms  | whose residence is adjacent to    |
| and conditions of a permit,       | public lands within grazing       |
| lease, or other grazing use       | districts and who needs these     |
| authorization including, but not  | public lands to support those     |
| limited to, livestock in excess   | domestic livestock owned by the   |
| of the number authorized;         | applicant whose products or work  |
|                                   | are used directly and exclusively |
| \(iii\) In an area or at a time   | by the applicant and his family.  |
| different from that authorized;   | The issuance of free-use grazing  |
| or                                | permits is subject to §4130.1--2. |
|                                   | These permits shall be issued on  |
| \(iv\) Failing to comply with a   | an annual basis. These permits    |
| requirement under Sec. 4130.7(c)  | cannot be transferred or          |
| of this title.                    | assigned.                         |
|                                   |                                   |
| \(2\) Installing, using,          | \(b\) The authorized officer may  |
| maintaining, modifying, and/or    | also authorize free use under the |
| removing range improvements       | following circumstances:          |
| without authorization;            |                                   |
|                                   | \(1\) The primary objective of    |
| \(3\) Cutting, burning, spraying, | grazing use is the management of  |
| destroying, or removing           | vegetation to meet resource       |
| vegetation without authorization; | objectives other than the         |
|                                   | production of livestock forage    |
| \(4\) Damaging or removing U.S.   | and such use is in conformance    |
| property without authorization;   | with the requirements of this     |
|                                   | part;                             |
| \(5\) Molesting, harassing,       |                                   |
| injuring, poisoning, or causing   | \(2\) The primary purpose of      |
| death of livestock authorized to  | grazing use is for scientific     |
| graze on these lands and removing | research or administrative        |
| authorized livestock without the  | studies; or                       |
| owner\'s consent;                 |                                   |
|                                   | \(3\) The primary purpose of      |
| \(6\) Littering;                  | grazing use is the control of     |
|                                   | noxious weeds.                    |
| \(7\) Interfering with lawful     |                                   |
| uses or users including           | § 4130.6   Other grazing          |
| obstructing free transit through  | authorizations.                   |
| or over public lands by force,    |                                   |
| threat, intimidation, signs,      | Exchange-of-use grazing           |
| barrier or locked gates;          | agreements, nonrenewable grazing  |
|                                   | permits or leases, crossing       |
| \(8\) Knowingly or willfully      | permits, and special grazing      |
| making a false statement or       | permits or leases have no         |
| representation in base property   | priority for renewal and cannot   |
| certifications, grazing           | be transferred or assigned.       |
| applications, range improvement   |                                   |
| permit applications, cooperative  | § 4130.6-1   Exchange-of-use      |
| range improvement agreements,     | grazing agreements.               |
| actual use reports and/or         |                                   |
| amendments thereto;               | \(a\) An exchange-of-use grazing  |
|                                   | agreement may be issued to an     |
| \(9\) Failing to pay any fee      | applicant who owns or controls    |
| required by the authorized        | lands that are unfenced and       |
| officer pursuant to this part, or | intermingled with public lands in |
| making payment for grazing use of | the same allotment when use under |
| public lands with insufficiently  | such an agreement will be in      |
| funded checks on a repeated and   | harmony with the management       |
| willful basis;                    | objectives for the allotment and  |
|                                   | will be compatible with the       |
| \(10\) Failing to reclaim and     | existing livestock operations.    |
| repair any lands, property, or    | The agreements shall contain      |
| resources when required by the    | appropriate terms and conditions  |
| authorized officer;               | required under §4130.3 that       |
|                                   | ensure the orderly administration |
| \(11\) Failing to reclose any     | of the range, including fair and  |
| gate or other entry during        | equitable sharing of the          |
| periods of livestock use.         | operation and maintenance of      |
|                                   | range improvements. The term of   |
| \(c\) ~~Performance of an act     | an exchange-of-use agreement may  |
| listed in paragraphs (c)(1),      | not exceed the length of the term |
| (c)(2) or (c)(3) of this section  | for any leased lands that are     |
| where public land administered by | offered in exchange-of-use.       |
| the Bureau of Land Management is  |                                   |
| involved or affected, the         | \(b\) An exchange-of-use grazing  |
| violation is related to grazing   | agreement may be issued to        |
| use authorized by a permit or     | authorize use of public lands to  |
| lease issued by the Bureau of     | the extent of the livestock       |
| Land Management, and the          | carrying capacity of the lands    |
| permittee or lessee has been      | offered in exchange-of-use. No    |
| convicted or otherwise found to   | fee shall be charged for this     |
| be in violation of any of these   | grazing use.                      |
| laws or regulations by a court or |                                   |
| by final determination of an      | § 4130.6-2   Nonrenewable grazing |
| agency charged with the           | permits and leases.               |
| administration of these laws or   |                                   |
| regulations, and no further       | **(a)** Nonrenewable grazing      |
| appeals are outstanding,          | permits or leases may be issued   |
| constitutes a prohibited act that | on an annual basis**, as provided |
| may be subject to the civil       | in § 4110.3-1(a),** to qualified  |
| penalties set forth at §          | applicants when forage is         |
| 4170.1-1.~~                       | temporarily available, provided   |
|                                   | this use is consistent with       |
| ~~(1)~~ violation of Federal or   | multiple-use objectives and does  |
| State laws or regulations         | not interfere with existing       |
| pertaining to the:                | livestock operations on the       |
|                                   | public lands. The authorized      |
| \(i\) placement of poisonous bait | officer shall consult, cooperate  |
| or hazardous devices designed for | and coordinate with affected      |
| the destruction of wildlife;      | permittees or lessees, and the    |
|                                   | state having lands or             |
| \(ii\) application or storage of  | responsib**ility** for managing   |
| pesticides, herbicides, or other  | resources within the area,        |
| hazardous materials;              | **before issuing** nonrenewable   |
|                                   | grazing permits and leases.       |
| \(iii\) alteration or destruction |                                   |
| of natural stream courses without | \(b\) Notwithstanding the         |
| authorization;                    | provisions of § 4.21(a)(1) of     |
|                                   | this title, when BLM determines   |
| \(iv\) pollution of water         | that it is necessary for orderly  |
| sources;                          | administration of the public      |
|                                   | lands, the authorized officer may |
| \(v\) illegal take, destruction   | make a decision that issues a     |
| or harassment, or aiding and      | nonrenewable grazing permit or    |
| abetting in the illegal take,     | lease, or that affects an         |
| destruction or harassment of fish | application for grazing use on    |
| and wildlife resources; and       | annual or designated ephemeral    |
|                                   | rangelands, effective immediately |
| \(vi\) illegal removal or         | or on a date established in the   |
| destruction of archeological or   | decision.                         |
| cultural resources;               |                                   |
|                                   | § 4130.6-3   Crossing permits.    |
| ~~(2)~~ violation of the Bald     |                                   |
| Eagle Protection Act (16 U.S.C.   | A crossing permit may be issued   |
| 668 [et]{.underline}              | by the authorized officer to any  |
| [seq.]{.underline}), Endangered   | applicant showing a need to cross |
| Species Act (16 U.S.C. 1531       | the public land or other land     |
| [et]{.underline}                  | under Bureau of Land Management   |
| [seq.]{.underline}), or any       | control, or both, with livestock  |
| provision of part 4700 of this    | for proper and lawful purposes. A |
| title concerning the protection   | temporary use authorization for   |
| and management of wild            | trailing livestock shall contain  |
| free-roaming horses and burros;   | terms and conditions for the      |
| or                                | temporary grazing use that will   |
|                                   | occur as deemed necessary by the  |
| ~~(3)~~ violation of State        | authorized officer to achieve the |
| livestock laws or regulations     | objectives of this part.          |
| relating to the branding of       |                                   |
| livestock; breed, grade, and      | § 4130.6-4   Special grazing      |
| number of bulls; health and       | permits or leases.                |
| sanitation requirements; and      |                                   |
| violating State, county, or local | Special grazing permits or leases |
| laws regarding the stray of       | authorizing grazing use by        |
| livestock from permitted public   | privately owned or controlled     |
| land grazing areas onto areas     | indigenous animals may be issued  |
| that have been formally closed to | at the discretion of the          |
| open range grazing.               | authorized officer. This use      |
|                                   | shall be consistent with          |
| Subpart 4150‑‑Unauthorized        | multiple-use objectives. These    |
| Grazing Use                       | permits or leases shall be issued |
|                                   | for a term deemed appropriate by  |
| Sec. 4150.1 Violations.           | the authorized officer not to     |
|                                   | exceed 10 years.                  |
| Violation of ~~Sec.~~             |                                   |
| 4140.1(b)(1) constitutes          | § 4130.7   Ownership and          |
| unauthorized grazing use.         | identification of livestock.      |
|                                   |                                   |
| \(a\) The authorized officer      | \(a\) The permittee or lessee     |
| shall determine whether a         | shall own or control and be       |
| violation is nonwillful, willful, | responsible for the management of |
| or repeated willful.              | the livestock which graze the     |
|                                   | public land under a grazing       |
| \(b\) Violators shall be liable   | permit or lease.                  |
| in damages to the United States   |                                   |
| for the forage consumed by their  | \(b\) Authorized users shall      |
| livestock, for injury to Federal  | comply with the requirements of   |
| property caused by their          | the State in which the public     |
| unauthorized grazing use, and for | lands are located relating to     |
| expenses incurred in impoundment  | branding of livestock, breed,     |
| and disposal of their livestock,  | grade, and number of bulls,       |
| and may be subject to civil       | health and sanitation.            |
| penalties or criminal sanction    |                                   |
| for such unlawful acts.           | \(c\) The authorized officer may  |
|                                   | require counting and/or           |
| Sec. 4150.2 Notice and order to   | additional special marking or     |
| remove.                           | tagging of the authorized         |
|                                   | livestock in order to promote the |
| \(a\) Whenever it appears that a  | orderly administration of the     |
| violation exists and the owner of | public lands.                     |
| the unauthorized livestock is     |                                   |
| known, written notice of          | \(d\) Except as provided in       |
| unauthorized use and order to     | paragraph (f) of this section,    |
| remove livestock by a specified   | where a permittee or lessee       |
| date shall be served upon the     | controls but does not own the     |
| alleged violator or the agent of  | livestock which graze the public  |
| record, or both, by certified     | lands, the agreement that gives   |
| mail or personal delivery. The    | the permittee or lessee control   |
| written notice shall also allow a | of the livestock by the permittee |
| specified time from receipt of    | or lessee shall be filed with the |
| notice for the alleged violator   | authorized officer and approval   |
| to show that there has been no    | received prior to any grazing     |
| violation or to make settlement   | use. The document shall describe  |
| under Sec. 4150.3.                | the livestock and livestock       |
|                                   | numbers, identify the owner of    |
| \(b\) Whenever a violation has    | the livestock, contain the terms  |
| been determined to be nonwillful  | for the care and management of    |
| and incidental, the authorized    | the livestock, specify the        |
| officer shall notify the alleged  | duration of the agreement, and    |
| violator that the violation must  | shall be signed by the parties to |
| be corrected, and how it can be   | the agreement.                    |
| settled, based upon the           |                                   |
| discretion of the authorized      | \(e\) The brand and other         |
| officer.                          | identifying marks on livestock    |
|                                   | controlled, but not owned, by the |
| \(c\) When neither the owner of   | permittee or lessee shall be      |
| the unauthorized livestock nor    | filed with the authorized         |
| his agent is known, the           | officer.                          |
| authorized officer may proceed to |                                   |
| impound the livestock under Sec.  | \(f\) Livestock owned by sons and |
| 4150.4.                           | daughters of grazing permittees   |
|                                   | and lessees may graze public      |
| \(d\) The authorized officer may  | lands included within the permit  |
| temporarily close areas to        | or lease of their parents when    |
| grazing by specified kinds or     | all the following conditions      |
| class of livestock for a period   | exist:                            |
| not to exceed 12 months when      |                                   |
| necessary to abate unauthorized   | \(1\) The sons and daughters are  |
| grazing use. Such notices of      | participating in educational or   |
| closure may be issued as final    | youth programs related to animal  |
| decisions effective upon issuance | husbandry, agribusiness or        |
| or on the date specified in the   | rangeland management, or are      |
| decision and shall remain in      | actively involved in the family   |
| effect pending the decision on    | ranching operation and are        |
| appeal unless a stay is granted   | establishing a livestock herd     |
| by the Office of Hearings and     | with the intent of assuming part  |
| Appeals in accordance with 43 CFR | or all of the family ranch        |
| ~~4.21.~~                         | operation.                        |
|                                   |                                   |
| Sec. 4150.3 Settlement.           | \(2\) The livestock owned by the  |
|                                   | sons and daughters to be grazed   |
| Where violations are repeated     | on public lands do not comprise   |
| willful, the authorized officer   | greater than 50 percent of the    |
| shall take action under Sec.      | total number authorized to occupy |
| 4170.1‑1(b) of this title. The    | public lands under their          |
| amount due for all settlements    | parent\'s permit or lease.        |
| shall include the value of forage |                                   |
| consumed as determined ~~by~~     | \(3\) The brands or other         |
| paragraph (a), (b), or (c) of     | markings of livestock that are    |
| this section. Settlement for      | owned by sons and daughters are   |
| willful and repeated willful      | recorded on the parent\'s permit, |
| violations shall also include the | lease, or grazing application.    |
| full value for all damages to the |                                   |
| public lands and other property   | \(4\) Use by livestock owned by   |
| of the United States; and all     | sons and daughters, when          |
| reasonable expenses incurred by   | considered in addition to use by  |
| the United States in detecting,   | livestock owned or controlled by  |
| investigating, resolving          | the permittee or lessee, does not |
| violations, and livestock         | exceed authorized livestock use   |
| impoundment costs.                | and is consistent with other      |
|                                   | terms and conditions of the       |
| \(a\) For nonwillful violations:  | permit or lease.                  |
| The value of forage consumed as   |                                   |
| determined by the average monthly | § 4130.8   Fees.                  |
| rate per AUM for pasturing        |                                   |
| livestock on privately owned land | § 4130.8-1   Payment of fees.     |
| (excluding irrigated land) in     |                                   |
| each State as published annually  | \(a\) Grazing fees shall be       |
| by the Department of Agriculture. | established annually by the       |
| The authorized officer may        | Secretary.                        |
| approve nonmonetary settlement of |                                   |
| unauthorized use only when the    | \(1\) Except as provided in       |
| authorized officer determines     | paragraphs (a)(2) and (a)(3) of   |
| that each of the following        | this section, the calculated fee  |
| conditions is satisfied:          | or grazing fee shall be equal to  |
|                                   | the \$1.23 base established by    |
| \(1\) evidence shows that the     | the 1966 Western Livestock        |
| unauthorized use occurred through | Grazing Survey multiplied by the  |
| no fault of the livestock         | result of the Forage Value Index  |
| operator;                         | (computed annually from data      |
|                                   | supplied by the National          |
| \(2\) the forage use is           | Agricultural Statistics Service)  |
| insignificant;                    | added to the Combined Index (Beef |
|                                   | Cattle Price Index minus the      |
| \(3\) the public lands have not   | Prices Paid Index) and divided by |
| been damaged; and                 | 100; as follows:                  |
|                                   |                                   |
| \(4\) nonmonetary settlement is   | ![](me                            |
| in the best interest of the       | dia/image1.png){width="2.21875in" |
| United States.                    | height="0.4270833333333333in"}    |
|                                   |                                   |
| \(b\) For willful violations:     | CF = Calculated Fee (grazing fee) |
| Twice the value of forage         | is the estimated economic value   |
| consumed as determined in         | of livestock grazing, defined by  |
| paragraph (a) of this section.    | the Congress as fair market value |
|                                   | (FMV) of the forage;              |
| \(c\) For repeated willful        |                                   |
| violations: Three times the value | \$1.23=The base economic value of |
| of the forage consumed as         | grazing on public rangeland       |
| determined in paragraph (a) of    | established by the 1966 Western   |
| this section.                     | Livestock Grazing Survey;         |
|                                   |                                   |
| \(d\) Payment made under this     | FVI=*Forage Value Index* means    |
| section does not relieve the      | the weighted average estimate of  |
| alleged violator of any criminal  | the annual rental charge per head |
| liability under Federal or State  | per month for pasturing cattle on |
| law.                              | private rangelands in the 11      |
|                                   | Western States (Montana, Idaho,   |
| \(e\) Violators shall not be      | Wyoming, Colorado, New Mexico,    |
| authorized to make grazing use on | Arizona, Utah, Nevada,            |
| the public lands administered by  | Washington, Oregon, and           |
| the Bureau of Land Management     | California) (computed by the      |
| until any amount found to be due  | National Agricultural Statistics  |
| the United States under this      | Service from the June Enumerative |
| section has been paid. The        | Survey) divided by \$3.65 and     |
| authorized officer may take       | multiplied by 100;                |
| action under ~~Sec. 4160.1 of     |                                   |
| this title~~ to cancel or suspend | BCPI=*Beef Cattle Price Index*    |
| grazing authorizations or to deny | means the weighted average annual |
| approval of applications for      | selling price for beef cattle     |
| grazing use until such amounts    | (excluding calves) in the 11      |
| have been paid. The proposed      | Western States (Montana, Idaho,   |
| decision shall include a demand   | Wyoming, Colorado, New Mexico,    |
| for payment.                      | Arizona, Utah, Nevada,            |
|                                   | Washington, Oregon, and           |
| Sec. 4150.4 Impoundment and       | California) for November through  |
| disposal.                         | October (computed by the National |
|                                   | Agricultural Statistics Service   |
| Unauthorized livestock remaining  | divided by \$22.04 per hundred    |
| on the public lands or other      | weight and multiplied by 100; and |
| lands under Bureau of Land        |                                   |
| Management control, or both,      | PPI=*Prices Paid Index* means the |
| after the date set forth in the   | following selected components     |
| notice and order to remove sent   | from the National Agricultural    |
| under Sec. 4150.2 may be          | Statistics Service\'s Annual      |
| impounded and disposed of by the  | National Index of Prices Paid by  |
| authorized officer as provided    | Farmers for Goods and Services    |
| herein.                           | adjusted by the weights indicated |
|                                   | in parentheses to reflect         |
| Sec. 4150.4‑1 Notice of intent to | livestock production costs in the |
| impound.                          | Western States: 1. Fuels and      |
|                                   | Energy (14.5); 2. Farm and Motor  |
| \(a\) A written notice of intent  | Supplies (12.0); 3. Autos and     |
| to impound shall be sent by       | Trucks (4.5); 4. Tractors and     |
| certified mail or personally      | Self-Propelled Machinery (4.5);   |
| delivered to the owner or his     | 5. Other Machinery (12.0); 6.     |
| agent, or both. The written       | Building and Fencing Materials    |
| notice shall indicate that        | (14.5); 7. Interest (6.0); 8.     |
| unauthorized livestock on the     | Farm Wage Rates (14.0); 9. Farm   |
| specified public lands or other   | Services (18.0).                  |
| lands under Bureau of Land        |                                   |
| Management control, or both, may  | \(2\) Any annual increase or      |
| be impounded any time after 5     | decrease in the grazing fee for   |
| days from delivery of the notice. | any given year shall be limited   |
|                                   | to not more than plus or minus 25 |
| \(b\) Where the owner and his     | percent of the previous year\'s   |
| agent are unknown, or where both  | fee.                              |
| a known owner and his agent       |                                   |
| refuses to accept delivery, a     | \(3\) The grazing fee for any     |
| notice of intent to impound shall | year shall not be less than       |
| be published in a local newspaper | \$1.35 per animal unit month.     |
| and posted at the county          |                                   |
| courthouse and a post office near | \(b\) Fees shall be charged for   |
| the public land involved. The     | livestock grazing upon or         |
| notice shall indicate that        | crossing the public lands and     |
| unauthorized livestock on the     | other lands administered by the   |
| specified public lands or other   | Bureau of Land Management at a    |
| lands under Bureau of Land        | specified rate per animal unit    |
| Management control, or both, may  | month.                            |
| be impounded any time after 5     |                                   |
| days from publishing and posting  | \(c\) Except as provided in       |
| the notice.                       | §4130.5, the full fee shall be    |
|                                   | charged for each animal unit      |
| Sec. 4150.4‑2 Impoundment.        | month of authorized grazing use.  |
|                                   | For the purposes of calculating   |
| After 5 days from delivery of the | the fee, an animal unit month is  |
| notice under ~~Sec.~~ 4150.4‑1(a) | defined as a month\'s use and     |
| of this title or any time after 5 | occupancy of range by **1** cow,  |
| days from publishing and posting  | bull, steer, heifer, horse,       |
| the notice under ~~Sec.~~         | burro, mule, 5 sheep, or 5        |
| 4150.4‑1(b) of this title,        | goats**:**                        |
| unauthorized livestock may be     |                                   |
| impounded without further notice  | \(1\) **Over the age of 6 months  |
| any time within the 12‑month      | at the time of entering the       |
| period following the effective    | public lands or other lands       |
| date of the notice.               | administered by** BLM**;**        |
|                                   |                                   |
| Sec. 4150.4‑3 Notice of public    | \(2\) **Weaned regardless of      |
| sale.                             | age**; or                         |
|                                   |                                   |
| Following the impoundment of      | \(3\) Becoming **12 months of age |
| livestock under this subpart the  | during the authorized period of   |
| livestock may be disposed of by   | use**.                            |
| the authorized officer under      |                                   |
| these regulations or, if a        | **(d) BLM will not** charge       |
| suitable agreement is in effect,  | **grazing fees** for animals      |
| they may be turned over to the    | **that are less than** 6 months   |
| State for disposal. Any known     | of age at the time of entering    |
| owners or agents, or both, shall  | **BLM-administered lands,         |
| be notified in writing by         | provided** that **they** are the  |
| certified mail or by personal     | natural progeny of animals upon   |
| delivery of the sale and the      | which fees are paid**, and** they |
| procedure by which the impounded  | will not become 12 months of age  |
| livestock may be redeemed prior   | during the authorized period of   |
| to the sale.                      | use.                              |
|                                   |                                   |
| Sec. 4150.4‑4 Redemption.         | **(e)** In calculating the        |
|                                   | billing, **the authorized officer |
| Any owner or his agent, or both,  | will prorate the grazing fee** on |
| or lien‑holder of record of the   | a daily basis and **will round**  |
| impounded livestock may redeem    | charges to reflect the nearest    |
| them under these regulations or,  | whole number of animal unit       |
| if a suitable agreement is in     | months.                           |
| effect, in accordance with State  |                                   |
| law, prior to the time of sale    | **(f)** A surcharge shall be      |
| upon settlement with the United   | added to the grazing fee billings |
| States under ~~Sec.~~ 4150.3 or   | for authorized grazing of         |
| adequate showing that there has   | livestock owned by persons other  |
| been no violation.                | than the permittee or lessee      |
|                                   | except where such use is made by  |
| Sec. 4150.4‑5 Sale.               | livestock owned by sons and       |
|                                   | daughters of permittees and       |
| If the livestock are not redeemed | lessees as provided in            |
| on or before the date and time    | §4130.7(f). The surcharge shall   |
| fixed for their sale, they shall  | be over and above any other fees  |
| be offered at public sale to the  | that may be charged for using     |
| highest bidder by the authorized  | public land forage. Surcharges    |
| officer under these regulations   | shall be paid prior to grazing    |
| or, if a suitable agreement is in | use. The surcharge for authorized |
| effect, by the State. If a        | pasturing of livestock owned by   |
| satisfactory bid is not received, | persons other than the permittee  |
| the livestock may be reoffered    | or lessee will be equal to 35     |
| for sale, condemned and destroyed | percent of the difference between |
| or otherwise disposed of under    | the current year\'s Federal       |
| these regulations, or if a        | grazing fee and the prior year\'s |
| suitable agreement is in effect,  | private grazing land lease rate   |
| in accordance with State Law.     | per animal unit month for the     |
|                                   | appropriate State as determined   |
| Subpart 4160‑‑Administrative      | by the National Agricultural      |
| Remedies                          | Statistics Service.               |
|                                   |                                   |
| Sec. 4160.1 Proposed decisions.   | **(g)** Fees are due on due date  |
|                                   | specified on the grazing fee      |
| \(a\) Proposed decisions shall be | bill. Payment will be made prior  |
| served on any affected applicant, | to grazing use. Grazing use that  |
| permittee or lessee, and any      | occurs prior to payment of a      |
| agent and lien holder of record,  | bill, except where specified in   |
| who is affected by the proposed   | an allotment management plan, is  |
| actions, terms or conditions, or  | unauthorized and may be dealt     |
| modifications relating to         | with under subparts 4150 and 4170 |
| applications, permits and         | of this part. If allotment        |
| agreements (including range       | management plans provide for      |
| improvement permits) or leases,   | billing after the grazing season, |
| by certified mail or personal     | fees will be based on actual      |
| delivery. Copies of proposed      | grazing use and will be due upon  |
| decisions shall also be sent to   | issuance. Repeated delays in      |
| the interested public.            | payment of actual use billings or |
|                                   | noncompliance with the terms and  |
| \(b\) Proposed decisions shall    | conditions of the allotment       |
| state the reasons for the action  | management plan and permit or     |
| and shall reference the pertinent | lease shall be cause to revoke    |
| terms, conditions and the         | provisions for                    |
| provisions of applicable          | after-the-grazing-season billing. |
| regulations. As appropriate,      |                                   |
| decisions shall state the alleged | **(h)** Failure to pay the        |
| violations of specific terms and  | grazing bill within 15 days of    |
| conditions and provisions of      | the due date specified in the     |
| these regulations alleged to have | bill shall result in a late fee   |
| been violated, and shall state    | assessment of \$25.00 or 10       |
| the amount due under §§ 4130.8    | percent of the grazing bill,      |
| and 4150.3 and the action to be   | whichever is greater, but not to  |
| taken under § 4170.1.             | exceed \$250.00. Payment made     |
|                                   | later than 15 days after the due  |
| \(c\) The authorized officer may  | date, shall include the           |
| elect not to issue a proposed     | appropriate late fee assessment.  |
| decision prior to a final         | Failure to make payment within 30 |
| decision where the authorized     | days **after the due date is** a  |
| officer has made a determination  | violation of § 4140.1(b)(1) and   |
| in accordance with § 4110.3-3(b)  | **may** result in action by the   |
| or §4150.2(d) ~~of this part.~~   | authorized officer under §4150.1  |
|                                   | and subpart 4160.                 |
| Sec. 4160.2 Protests.             |                                   |
|                                   | § 4130.8-2   Refunds.             |
| Any applicant, permittee, lessee  |                                   |
| or other interested public may    | \(a\) Grazing fees may be         |
| protest the proposed decision     | refunded where applications for   |
| under ~~Sec.~~ 4160.1 of this     | change in grazing use and related |
| title in person or in writing to  | refund are filed prior to the     |
| the authorized officer within 15  | period of use for which the       |
| days after receipt of such        | refund is requested.              |
| decision.                         |                                   |
|                                   | \(b\) No refunds shall be made    |
| Sec. 4160.3 Final decisions.      | for failure to make grazing use,  |
|                                   | except during periods of range    |
| \(a\) In the absence of a         | depletion due to drought, fire,   |
| protest, the proposed decision    | or other natural causes, or in    |
| will become the final decision of | case of a general spread of       |
| the authorized officer without    | disease among the livestock that  |
| further notice unless otherwise   | occurs during the term of a       |
| provided in the proposed          | permit or lease. During these     |
| decision.                         | periods of range depletion the    |
|                                   | authorized officer may credit or  |
| \(b\) Upon the timely filing of a | refund fees in whole or in part,  |
| protest, the authorized officer   | or postpone fee payment for as    |
| shall reconsider her/his proposed | long as the emergency exists.     |
| decision in light of the          |                                   |
| protestant\'s statement of        | § 4130.8-3   Service charge.      |
| reasons for protest and in light  |                                   |
| of other information pertinent to | \(a\) Under section 304(a) of the |
| the case. At the conclusion to    | Federal Land Policy and           |
| her/his review of the protest,    | Management Act of 1976, BLM may   |
| the authorized officer shall      | establish reasonable charges for  |
| serve her/his final decision on   | various services such as          |
| the protestant or her/his agent,  | application processing. BLM may   |
| or both, and the interested       | adjust these charges periodically |
| public.                           | to account for cost changes. BLM  |
|                                   | will inform the public of any     |
| ~~(c) A period of 30 days         | changes by publishing a document  |
| following receipt of the final    | in the [Federal]{.underline}      |
| decision, or 30 days after the    | [Register]{.underline}.           |
| date the proposed decision        |                                   |
| becomes final as provided in      | \(b\) The following table of      |
| paragraph (a) of this section, is | service charges is applicable     |
| provided for filing an appeal and | until changed through a           |
| petition for stay of the decision | [Federal]{.underline}             |
| pending final determination on    | [Register]{.underline} document   |
| appeal. A decision will not be    | as provided in paragraph (a) of   |
| effective during the 30-day       | this section. Except when the     |
| appeal period, except as provided | action is initiated by BLM, the   |
| in paragraph (f) of this section. | authorized officer will assess    |
| See §§ 4.21 and 4.470 of this     | the following service charges:    |
| title for general provisions of   |                                   |
| the appeal and stay processes.~~  |   ------------                    |
|                                   | ----------- --------------------- |
| ~~(d) When the Office of Hearings |                                   |
| and Appeals stays a final         |  [Action]{.underline}    [Service |
| decision of the authorized        |                                   |
| officer regarding an application  |               Charge]{.underline} |
| for grazing authorization, an     |                                   |
| applicant who was granted grazing |   Issue crossing permit   \$75    |
| use in the preceding year may     |                                   |
| continue at that level of         |   Transfer grazing        \$145   |
| authorized grazing use during the |   preference                      |
| time the decision is stayed,      |                                   |
| except where grazing use in the   |   Cancel and replace or   \$50    |
| preceding year was authorized on  |   supplement a grazing            |
| a temporary basis under §         |   fee billing                     |
| 4110.3-1(a). Where an applicant   |   ------------                    |
| had no authorized grazing use     | ----------- --------------------- |
| during the previous year, or the  |                                   |
| application is for designated     | § 4130.9   Pledge of permits or   |
| ephemeral or annual rangeland     | leases as security for loans.     |
| grazing use, the authorized       |                                   |
| grazing use shall be consistent   | Grazing permits or leases that    |
| with the decision pending the     | have been pledged as security for |
| Office of Hearings and Appeals    | loans from lending agencies shall |
| final determination on the        | be renewed by the authorized      |
| appeal.~~                         | officer under the provisions of   |
|                                   | these regulations for a period of |
| ~~(e) When the Office of Hearings | not to exceed 10 years if the     |
| and Appeals stays a final         | loan is for the purpose of        |
| decision of the authorized        | furthering the permittee\'s or    |
| officer to change the authorized  | lessee\'s livestock operation,    |
| grazing use, the grazing use      | *Provided,* That the permittee or |
| authorized to the permittee or    | lessee has complied with the      |
| lessee during the time that the   | rules and regulations of this     |
| decision is stayed shall not      | part and that such renewal will   |
| exceed the permittee\'s or        | be in accordance with other       |
| lessee\'s authorized use in the   | applicable laws and regulations.  |
| last year during which any use    | While grazing permits or leases   |
| was authorized.~~                 | may be pledged as security for    |
|                                   | loans from lending agencies, this |
| \(f\) Notwithstanding the         | does not exempt these permits or  |
| provisions of § 4.21(a) of this   | leases from the provisions of     |
| title pertaining to the period    | these regulations.                |
| during which a final decision     |                                   |
| will not be in effect, the        | Subpart 4140---Prohibited Acts    |
| authorized officer may provide    |                                   |
| that the final decision shall be  | § 4140.1   Acts prohibited on     |
| effective upon issuance or on a   | public lands.                     |
| date established in the decision  |                                   |
| and shall remain in effect        | \(a\) Grazing permittees or       |
| pending the decision on appeal    | lessees performing the following  |
| unless a stay is granted by the   | prohibited acts may be subject to |
| Office of Hearings and Appeals    | civil penalties under §4170.1:    |
| when the authorized officer has   |                                   |
| made a determination in           | \(1\) Violating special terms and |
| accordance with § 4110.3-3(b) or  | conditions incorporated in        |
| § 4150.2(d). Nothing in this      | permits or leases;                |
| section shall affect the          |                                   |
| authority of the Director of the  | \(2\) Failing to make substantial |
| Office of Hearings and Appeals    | grazing use as authorized **by a  |
| ~~or~~ the Interior Board of Land | permit or lease** for 2           |
| Appeals ~~to place decisions in   | consecutive fee years. **This     |
| full force and effect~~ as        | does not include** approved       |
| provided in § 4.21(a)(1) of this  | temporary nonuse or use           |
| title.                            | temporarily suspended by the      |
|                                   | authorized officer.               |
| Sec. 4160.4 Appeals.              |                                   |
|                                   | \(3\) Placing supplemental feed   |
| Any person ~~whose interest is    | on these lands without            |
| adversely affected by a final     | authorization, **or contrary to   |
| decision of the authorized        | the terms and conditions of the   |
| officer may appeal the decision   | permit or lease**.                |
| for the purpose of a hearing      |                                   |
| before an administrative law      | \(4\) Failing to comply with the  |
| judge by following~~ the          | terms, conditions, and            |
| requirements set ~~out~~ in §     | stipulations of cooperative range |
| 4.470 of this title. ~~As stated  | improvement agreements or range   |
| in that part,~~ the appeal must   | improvement permits;              |
| be filed within 30 days after     |                                   |
| ~~the~~ receipt ~~of the          | \(5\) Refusing to install,        |
| decision~~ or within 30 days      | maintain, modify, or remove range |
| after ~~the date~~ the proposed   | improvements when so directed by  |
| decision becomes final as         | the authorized officer.           |
| provided in 4160.3                |                                   |
|                                   | \(6\) Unauthorized leasing or     |
| ~~(a). Appeals and petitions for  | subleasing as defined in this     |
| a stay of the decision shall be   | part.                             |
| filed at the office of the        |                                   |
| authorized officer. The           | \(b\) Persons performing the      |
| authorized officer shall promptly | following prohibited acts **on    |
| transmit the appeal and petition  | BLM-administered lands are**      |
| for stay and the accompanying     | subject to civil and criminal     |
| administrative record to ensure   | penalties set forth at §§4170.1   |
| their timely arrival at the       | and 4170.2:                       |
| appropriate Office of Hearings    |                                   |
| and Appeals.~~                    | \(1\) Allowing livestock or other |
|                                   | privately owned or controlled     |
| Subpart 4170‑‑Penalties           | animals to graze on or be driven  |
|                                   | across these lands:               |
| Sec. 4170.1 Civil penalties.      |                                   |
|                                   | \(i\) Without a permit or lease,  |
| Sec. 4170.1‑1 Penalty for         | **or other grazing use            |
| violations.                       | authorization (see § 4130.6) and  |
|                                   | timely payment of grazing fees.** |
| \(a\) The authorized officer may  |                                   |
| withhold issuance of a grazing    | \(ii\) In violation of the terms  |
| permit or lease, or suspend the   | and conditions of a permit,       |
| grazing use authorized under a    | lease, or other grazing use       |
| grazing permit or lease, in whole | authorization including, but not  |
| or in part, or cancel a grazing   | limited to, livestock in excess   |
| permit or lease and grazing       | of the number authorized;         |
| preference, or a free use grazing |                                   |
| permit or other grazing           | \(iii\) In an area or at a time   |
| authorization, in whole or in     | different from that authorized;   |
| part, under Subpart 4160 of this  | or                                |
| title, for violation by a         |                                   |
| permittee or lessee of any of the | \(iv\) Failing to comply with a   |
| provisions of this part.          | requirement under §4130.7(c) of   |
|                                   | this title.                       |
| \(b\) The authorized officer      |                                   |
| shall suspend the grazing use     | \(2\) Installing, using,          |
| authorized under a grazing        | maintaining, modifying, and/or    |
| permit, in whole or in part, or   | removing range improvements       |
| shall cancel a grazing permit or  | without authorization;            |
| lease and grazing preference, in  |                                   |
| whole or in part, under Subpart   | \(3\) Cutting, burning, spraying, |
| 4160 of this title for repeated   | destroying, or removing           |
| willful violation by a permittee  | vegetation without authorization; |
| or lessee of ~~Sec~~.             |                                   |
| 4140.1(b)(1) of this title.       | \(4\) Damaging or removing U.S.   |
|                                   | property without authorization;   |
| \(c\) Whenever a nonpermittee or  |                                   |
| nonlessee violates ~~Sec.~~       | \(5\) Molesting, harassing,       |
| 4140.1(b) of this title and has   | injuring, poisoning, or causing   |
| not made satisfactory settlement  | death of livestock authorized to  |
| under ~~Sec.~~ 4150.3 of this     | graze on these lands and removing |
| title the authorized officer      | authorized livestock without the  |
| shall refer the matter to proper  | owner\'s consent;                 |
| authorities for appropriate legal |                                   |
| action by the United States       | \(6\) Littering;                  |
| against the violator.             |                                   |
|                                   | \(7\) Interfering with lawful     |
| \(d\) Any person who is found to  | uses or users including           |
| have violated the provisions of   | obstructing free transit through  |
| ~~Sec.~~ 4140.1(a)(6) after       | or over public lands by force,    |
| August 21, 1995 , shall be        | threat, intimidation, signs,      |
| required to pay twice the value   | barrier or locked gates;          |
| of forage consumed as determined  |                                   |
| by the average monthly rate per   | \(8\) Knowingly or willfully      |
| AUM for pasturing livestock on    | making a false statement or       |
| privately owned land (excluding   | representation in base property   |
| irrigated land) in each State as  | certifications, grazing           |
| supplied annually by the National | applications, range improvement   |
| Agricultural Statistics Service,  | permit applications, cooperative  |
| and all reasonable expenses       | range improvement agreements,     |
| incurred by the United States in  | actual use reports and/or         |
| detecting, investigating, and     | amendments thereto;               |
| resolving violations. If the      |                                   |
| dollar equivalent value is not    | \(9\) Failing to pay any fee      |
| received by the authorized        | required by the authorized        |
| officer within 30 days of receipt | officer pursuant to this part, or |
| of the final decision, the        | making payment for grazing use of |
| grazing permit or lease shall be  | public lands with insufficiently  |
| cancelled. Such payment shall be  | funded checks on a repeated and   |
| in addition to any other          | willful basis;                    |
| penalties the authorized officer  |                                   |
| may impose under paragraph (a) of | \(10\) Failing to reclaim and     |
| this section.                     | repair any lands, property, or    |
|                                   | resources when required by the    |
| Sec. 4170.1‑2 Failure to use.     | authorized officer;               |
|                                   |                                   |
| If a permittee or lessee has, for | \(11\) Failing to reclose any     |
| 2 consecutive grazing fee years,  | gate or other entry during        |
| failed to make substantial use as | periods of livestock use.         |
| authorized in the lease or        |                                   |
| permit, or has failed to maintain | (c)(1) A grazing permittee or     |
| or use water base property in the | lessee performing any of the      |
| grazing operation, the authorized | prohibited acts listed in         |
| officer, after consultation,      | paragraphs (c)(2) or (c)(3) of    |
| coordination and cooperation with | this section on an allotment      |
| the permittee or lessee and any   | where he is authorized to graze   |
| lienholder of record, may cancel  | under a BLM permit or lease may   |
| whatever amount of permitted use  | be subject to civil penalties set |
| the permittee or lessee has       | forth at § 4170.1-1, if:          |
| failed to use .                   |                                   |
|                                   | \(i\) The permittee or lessee     |
| Sec. 4170.2 Penal provisions.     | performs the prohibited act while |
|                                   | engaged in activities related to  |
| Sec. 4170.2‑1 Penal provisions    | grazing use authorized by his     |
| under the Taylor Grazing Act.     | permit or lease;                  |
|                                   |                                   |
| Under section 2 of the Act any    | \(ii\) The permittee or lessee    |
| person who willfully commits an   | has been convicted or otherwise   |
| act prohibited under § 4140.1(b), | found to be in violation of any   |
| or who willfully violates         | of these laws or regulations by a |
| approved special rules and        | court or by final determination   |
| regulations is punishable by a    | of an agency charged with the     |
| fine of not more than \$500.      | administration of these laws or   |
|                                   | regulations; and                  |
| Sec. 4170.2‑2 Penal provisions    |                                   |
| under the Federal Land Policy and | \(iii\) No further appeals are    |
| Management Act.                   | outstanding.                      |
|                                   |                                   |
| Under section 303(a) of the       | **(2)** Violation of Federal or   |
| Federal Land Policy and           | State laws or regulations         |
| Management Act of 1976 (43 U.S.C. | pertaining to the:                |
| 1701 [et]{.underline}             |                                   |
| [seq]{.underline}.), any person   | \(i\) Placement of poisonous bait |
| who knowingly and willfully       | or hazardous devices designed for |
| commits an act prohibited under § | the destruction of wildlife;      |
| 4140.1(b) or who knowingly and    |                                   |
| willfully violates approved       | \(ii\) Application or storage of  |
| special rules and regulations may | pesticides, herbicides, or other  |
| be brought before a designated    | hazardous materials;              |
| U.S. magistrate and is punishable |                                   |
| by a fine in accordance with the  | \(iii\) Alteration or destruction |
| applicable provisions of Title 18 | of natural stream courses without |
| of the United States Code, or     | authorization;                    |
| imprisonment for no more than 12  |                                   |
| months or both.                   | \(iv\) Pollution of water         |
|                                   | sources;                          |
| Subpart 4180\--Fundamentals of    |                                   |
| Rangeland Health and Standards    | \(v\) Illegal take, destruction,  |
| and Guidelines for Grazing        | or harassment, or aiding and      |
| Administration                    | abetting in the illegal take,     |
|                                   | destruction, or harassment of     |
| Sec. 4180.1 Fundamentals of       | fish and wildlife resources; and  |
| rangeland health.                 |                                   |
|                                   | \(vi\) Illegal removal or         |
| ~~The authorized officer shall    | destruction of archeological or   |
| take appropriate action under     | cultural resources;               |
| subparts 4110, 4120, 4130, and    |                                   |
| 4160 of this part as soon as      | **(3)(i)** Violation of the Bald  |
| practicable but not later than    | **and Golden** Eagle Protection   |
| the start of the next grazing     | Act (16 U.S.C. 668 *et seq*.),    |
| year upon determining that        | Endangered Species Act (16 U.S.C. |
| existing grazing management needs | 1531 *et seq*.), or any provision |
| to be modified to ensure that the | of part 4700 of this chapter      |
| following conditions exist.~~     | concerning the protection and     |
|                                   | management of wild free-roaming   |
| \(a\) Watersheds are in, or are   | horses and burros; or             |
| making significant progress       |                                   |
| toward, properly functioning      | **(ii)** Violation of State       |
| physical condition, including     | livestock laws or regulations     |
| their upland, riparian-wetland,   | relating to the branding of       |
| and aquatic components; soil and  | livestock; breed, grade, and      |
| plant conditions support          | number of bulls; health and       |
| infiltration, soil moisture       | sanitation requirements; and      |
| storage, and the release of water | violating State, county, or local |
| that are in balance with climate  | laws regarding the stray**ing**   |
| and landform and maintain or      | of livestock from permitted       |
| improve water quality, water      | public land grazing areas onto    |
| quantity, and timing and duration | areas that have been formally     |
| of flow.                          | closed to open range grazing.     |
|                                   |                                   |
| \(b\) Ecological processes,       | Subpart 4150---Unauthorized       |
| including the hydrologic cycle,   | Grazing Use                       |
| nutrient cycle, and energy flow,  |                                   |
| are maintained, or there is       | § 4150.1   Violations.            |
| significant progress toward their |                                   |
| attainment, in order to support   | Violation of **§**4140.1(b)(1)    |
| healthy biotic populations and    | constitutes unauthorized grazing  |
| communities.                      | use.                              |
|                                   |                                   |
| \(c\) Water quality complies with | \(a\) The authorized officer      |
| State water quality standards and | shall determine whether a         |
| achieves, or is making            | violation is nonwillful, willful, |
| significant progress toward       | or repeated willful.              |
| achieving, established BLM        |                                   |
| management objectives such as     | \(b\) Violators shall be liable   |
| meeting wildlife needs.           | in damages to the United States   |
|                                   | for the forage consumed by their  |
| \(d\) Habitats are, or are making | livestock, for injury to Federal  |
| significant progress toward       | property caused by their          |
| being, restored or maintained for | unauthorized grazing use, and for |
| Federal threatened and endangered | expenses incurred in impoundment  |
| species, Federal Proposed,        | and disposal of their livestock,  |
| ~~Category 1 and 2 Federal~~      | and may be subject to civil       |
| candidate and other special       | penalties or criminal sanction    |
| status species.                   | for such unlawful acts.           |
|                                   |                                   |
| Sec. 4180.2 Standards and         | § 4150.2   Notice and order to    |
| guidelines for grazing            | remove.                           |
| administration.                   |                                   |
|                                   | \(a\) Whenever it appears that a  |
| \(a\) The Bureau of Land          | violation exists and the owner of |
| Management State Director, in     | the unauthorized livestock is     |
| consultation with the affected    | known, written notice of          |
| resource advisory councils where  | unauthorized use and order to     |
| they exist, will identify the     | remove livestock by a specified   |
| geographical area for which       | date shall be served upon the     |
| standards and guidelines are      | alleged violator or the agent of  |
| developed. Standards and          | record, or both, by certified     |
| guidelines will be developed for  | mail or personal delivery. The    |
| an entire state, or an area       | written notice shall also allow a |
| encompassing portions of more     | specified time from receipt of    |
| than 1 state, unless the Bureau   | notice for the alleged violator   |
| of Land Management State          | to show that there has been no    |
| Director, in consultation with    | violation or to make settlement   |
| the resource advisory councils,   | under §4150.3.                    |
| determines that the               |                                   |
| characteristics of an area are    | \(b\) Whenever a violation has    |
| unique, and the rangelands within | been determined to be nonwillful  |
| the area could not be adequately  | and incidental, the authorized    |
| protected using standards and     | officer shall notify the alleged  |
| guidelines developed on a broader | violator that the violation must  |
| geographical scale.               | be corrected, and how it can be   |
|                                   | settled, based upon the           |
| \(b\) The Bureau of Land          | discretion of the authorized      |
| Management State Director, in     | officer.                          |
| consultation with affected Bureau |                                   |
| of Land Management resource       | \(c\) When neither the owner of   |
| advisory councils, shall develop  | the unauthorized livestock nor    |
| and amend State or regional       | his agent is known, the           |
| standards and guidelines. The     | authorized officer may proceed to |
| Bureau of Land Management State   | impound the livestock under       |
| Director will also coordinate     | §4150.4.                          |
| with Indian tribes, other State   |                                   |
| and Federal land management       | \(d\) The authorized officer may  |
| agencies responsible for the      | temporarily close areas to        |
| management of lands and resources | grazing by specified kinds or     |
| within the region or area under   | class of livestock for a period   |
| consideration, and the public in  | not to exceed 12 months when      |
| the development of State or       | necessary to abate unauthorized   |
| regional standards and            | grazing use. Such notices of      |
| guidelines. ~~Standards and       | closure may be issued as final    |
| guidelines developed by the       | decisions effective upon issuance |
| Bureau of Land Management State   | or on the date specified in the   |
| Director must provide for         | decision and shall remain in      |
| conformance with the fundamentals | effect pending the decision on    |
| of § 4180.1.~~ State or regional  | appeal unless a stay is granted   |
| standards or guidelines developed | by the Office of Hearings and     |
| by the Bureau of Land Management  | Appeals in accordance with 43 CFR |
| State Director may not be         | **4.472(d)**.                     |
| implemented prior to their        |                                   |
| approval by the Secretary.        | § 4150.3   Settlement.            |
| Standards and guidelines made     |                                   |
| effective under paragraph (f) of  | Where violations are repeated     |
| this section may be modified by   | willful, the authorized officer   |
| the Bureau of Land Management     | shall take action under           |
| State Director, with approval of  | §4170.1--1(b) of this title. The  |
| the Secretary, to address local   | amount due for settlement shall   |
| ecosystems and management         | include the value of forage       |
| practices.                        | consumed as determined **in       |
|                                   | accordance with** paragraph (a),  |
| \(c\) ~~The authorized officer    | (b), or (c) of this section.      |
| shall take appropriate action as  | Settlement for willful and        |
| soon as practicable but not later | repeated willful violations shall |
| than the start of the next        | also include the full value for   |
| grazing year upon determining~~   | all damages to the public lands   |
| that existing grazing management  | and other property of the United  |
| practices or levels of grazing    | States; and all reasonable        |
| use on public lands are           | expenses incurred by the United   |
| significant factors in failing to | States in detecting,              |
| achieve the standards and conform | investigating, resolving          |
| with the guidelines that are made | violations, and livestock         |
| effective under this section.     | impoundment costs.                |
| Appropriate action means          |                                   |
| implementing actions pursuant to  | \(a\) For nonwillful violations:  |
| subparts 4110, 4120, 4130, and    | The value of forage consumed as   |
| 4160 ~~of this part~~ that will   | determined by the average monthly |
| result in significant progress    | rate per AUM for pasturing        |
| toward fulfillment of the         | livestock on privately owned land |
| standards and significant         | (excluding irrigated land) in     |
| progress toward conformance with  | each State as published annually  |
| the guidelines. Practices and     | by the Department of Agriculture. |
| activities subject to standards   | The authorized officer may        |
| and guidelines include the        | approve nonmonetary settlement of |
| development of grazing-related    | unauthorized use only when the    |
| portions of activity plans,       | authorized officer determines     |
| establishment of terms and        | that each of the following        |
| conditions of permits, leases and | conditions is satisfied:          |
| other grazing authorizations, and |                                   |
| range improvement activities such | \(1\) Evidence shows that the     |
| as vegetation manipulation, fence | unauthorized use occurred through |
| construction and development of   | no fault of the livestock         |
| water.                            | operator;                         |
|                                   |                                   |
| \(d\) At a minimum, ~~S~~tate or  | \(2\) The forage use is           |
| regional standards developed      | insignificant;                    |
| under paragraphs (a) and (b) of   |                                   |
| this section must address the     | \(3\) The public lands have not   |
| following:                        | been damaged; and                 |
|                                   |                                   |
| \(1\) Watershed function;         | \(4\) Nonmonetary settlement is   |
|                                   | in the best interest of the       |
| \(2\) Nutrient cycling and energy | United States.                    |
| flow;                             |                                   |
|                                   | \(b\) For willful violations:     |
| \(3\) Water quality;              | Twice the value of forage         |
|                                   | consumed as determined in         |
| \(4\) Habitat for endangered,     | paragraph (a) of this section.    |
| threatened, proposed,             |                                   |
| ~~C~~andidate ~~1 or 2~~, ~~or~~  | \(c\) For repeated willful        |
| special status species; and       | violations: Three times the value |
|                                   | of the forage consumed as         |
| \(5\) Habitat quality for native  | determined in paragraph (a) of    |
| plant and animal populations and  | this section.                     |
| communities.                      |                                   |
|                                   | \(d\) Payment made under this     |
| \(e\) At a minimum, State or      | section does not relieve the      |
| regional guidelines developed     | alleged violator of any criminal  |
| under paragraphs (a) and (b) of   | liability under Federal or State  |
| this section must address the     | law.                              |
| following:                        |                                   |
|                                   | \(e\) Violators shall not be      |
| \(1\) Maintaining or promoting    | authorized to make grazing use on |
| adequate amounts of vegetative    | the public lands administered by  |
| ground cover, including standing  | the Bureau of Land Management     |
| plant material and litter, to     | until any amount found to be due  |
| support infiltration, maintain    | the United States under this      |
| soil moisture storage, and        | section has been paid. The        |
| stabilize soils;                  | authorized officer may take       |
|                                   | action under **subpart 4160** to  |
| \(2\) Maintaining or promoting    | cancel or suspend grazing         |
| subsurface soil conditions that   | authorizations or to deny         |
| support permeability rates        | approval of applications for      |
| appropriate to climate and soils; | grazing use until such amounts    |
|                                   | have been paid. The proposed      |
| \(3\) Maintaining, improving or   | decision shall include a demand   |
| restoring riparian-wetland        | for payment.                      |
| functions including energy        |                                   |
| dissipation, sediment capture,    | \(f\) Upon a stay of a decision   |
| groundwater recharge, and stream  | issued under paragraph (e) of     |
| bank stability;                   | this section, the authorized      |
|                                   | officer will allow a permittee or |
| \(4\) Maintaining or promoting    | lessee to graze in accordance     |
| stream channel morphology (e.g.,  | with this part 4100 pending       |
| gradient, width/depth ratio,      | completion of the administrative  |
| channel roughness and sinuosity)  | appeal process.                   |
| and functions appropriate to      |                                   |
| climate and landform;             | § 4150.4   Impoundment and        |
|                                   | disposal.                         |
| \(5\) Maintaining or promoting    |                                   |
| the appropriate kinds and amounts | Unauthorized livestock remaining  |
| of soil organisms, plants and     | on the public lands or other      |
| animals to support the hydrologic | lands under Bureau of Land        |
| cycle, nutrient cycle, and energy | Management control, or both,      |
| flow;                             | after the date set forth in the   |
|                                   | notice and order to remove sent   |
| \(6\) Promoting the opportunity   | under §4150.2 may be impounded    |
| for seedling establishment of     | and disposed of by the authorized |
| appropriate plant species when    | officer as provided herein.       |
| climatic conditions and space     |                                   |
| allow;                            | § 4150.4-1   Notice of intent to  |
|                                   | impound.                          |
| \(7\) Maintaining, restoring or   |                                   |
| enhancing water quality to meet   | \(a\) A written notice of intent  |
| management objectives, such as    | to impound shall be sent by       |
| meeting wildlife needs;           | certified mail or personally      |
|                                   | delivered to the owner or his     |
| \(8\) Restoring, maintaining or   | agent, or both. The written       |
| enhancing habitats to assist in   | notice shall indicate that        |
| the recovery of Federal           | unauthorized livestock on the     |
| threatened and endangered         | specified public lands or other   |
| species;                          | lands under Bureau of Land        |
|                                   | Management control, or both, may  |
| \(9\) Restoring, maintaining or   | be impounded any time after 5     |
| enhancing habitats of Federal     | days from delivery of the notice. |
| Proposed, ~~Category 1 and 2~~    |                                   |
| Federal candidate, and other      | \(b\) Where the owner and his     |
| special status species to promote | agent are unknown, or where both  |
| their conservation;               | a known owner and his agent       |
|                                   | refuses to accept delivery, a     |
| \(10\) Maintaining or promoting   | notice of intent to impound shall |
| the physical and biological       | be published in a local newspaper |
| conditions to sustain native      | and posted at the county          |
| populations and communities;      | courthouse and a post office near |
|                                   | the public land involved. The     |
| \(11\) Emphasizing native species | notice shall indicate that        |
| in the support of ecological      | unauthorized livestock on the     |
| function; and                     | specified public lands or other   |
|                                   | lands under Bureau of Land        |
| \(12\) Incorporating the use of   | Management control, or both, may  |
| non-native plant species only in  | be impounded any time after 5     |
| those situations in which native  | days from publishing and posting  |
| species are not available in      | the notice.                       |
| sufficient quantities or are      |                                   |
| incapable of maintaining or       | § 4150.4-2   Impoundment.         |
| achieving properly functioning    |                                   |
| conditions and biological health; | After 5 days from delivery of the |
|                                   | notice under **§**4150.4--1(a) of |
| \(f\) ~~In the event that State   | this title or any time after 5    |
| or regional standards and         | days from publishing and posting  |
| guidelines are not completed and  | the notice under                  |
| in effect by February 12, 1997,   | **§**4150.4--1(b) of this title,  |
| and~~ ~~u~~ntil such time as      | unauthorized livestock may be     |
| State or regional standards and   | impounded without further notice  |
| guidelines are developed and in   | any time within the 12-month      |
| effect, the following standards   | period following the effective    |
| provided in paragraph (f)(1) of   | date of the notice.               |
| this section and guidelines       |                                   |
| provided in paragraph (f)(2) of   | § 4150.4-3   Notice of public     |
| this section ~~shall~~ apply and  | sale.                             |
| will be implemented in accordance |                                   |
| with paragraph (c) of this        | Following the impoundment of      |
| section. ~~However, the Secretary | livestock under this subpart the  |
| may grant, upon referral by the   | livestock may be disposed of by   |
| BLM of a formal recommendation by | the authorized officer under      |
| a resource advisory council, a    | these regulations or, if a        |
| postponement of the February 12,  | suitable agreement is in effect,  |
| 1997, fallback standards and      | they may be turned over to the    |
| guidelines implementation date,   | State for disposal. Any known     |
| not to exceed the 6-month period  | owners or agents, or both, shall  |
| ending August 12, 1997. In        | be notified in writing by         |
| determining whether to grant a    | certified mail or by personal     |
| postponement, the Secretary will  | delivery of the sale and the      |
| consider, among other factors,    | procedure by which the impounded  |
| long-term rangeland health and    | livestock may be redeemed prior   |
| administrative efficiencies.~~    | to the sale.                      |
|                                   |                                   |
| \(1\) [Fallback                   | § 4150.4-4   Redemption.          |
| standards.]{.underline}           |                                   |
|                                   | Any owner or his agent, or both,  |
| \(i\) Upland soils exhibit        | or lien-holder of record of the   |
| infiltration and permeability     | impounded livestock may redeem    |
| rates that are appropriate to     | them under these regulations or,  |
| soil type, climate and landform.  | if a suitable agreement is in     |
|                                   | effect, in accordance with State  |
| \(ii\) Riparian-wetland areas are | law, prior to the time of sale    |
| in properly functioning           | upon settlement with the United   |
| condition.                        | States under **§**4150.3 or       |
|                                   | adequate showing that there has   |
| \(iii\) Stream channel morphology | been no violation.                |
| (including but not limited to     |                                   |
| gradient, width/depth ratio,      | § 4150.4-5   Sale.                |
| channel roughness and sinuosity)  |                                   |
| and functions are appropriate for | If the livestock are not redeemed |
| the climate and landform.         | on or before the date and time    |
|                                   | fixed for their sale, they shall  |
| \(iv\) Healthy, productive and    | be offered at public sale to the  |
| diverse populations of native     | highest bidder by the authorized  |
| species exist and are maintained. | officer under these regulations   |
|                                   | or, if a suitable agreement is in |
| \(2\) [Fallback                   | effect, by the State. If a        |
| guidelines.]{.underline}          | satisfactory bid is not received, |
|                                   | the livestock may be reoffered    |
| \(i\) Management practices        | for sale, condemned and destroyed |
| maintain or promote adequate      | or otherwise disposed of under    |
| amounts of ground cover to        | these regulations, or if a        |
| support infiltration, maintain    | suitable agreement is in effect,  |
| soil moisture storage, and        | in accordance with State Law.     |
| stabilize soils;                  |                                   |
|                                   | Subpart 4160---Administrative     |
| \(ii\) Management practices       | Remedies                          |
| maintain or promote soil          |                                   |
| conditions that support           | § 4160.1   Proposed decisions.    |
| permeability rates that are       |                                   |
| appropriate to climate and soils; | \(a\) Proposed decisions shall be |
|                                   | served on any affected applicant, |
| \(iii\) Management practices      | permittee or lessee, and any      |
| maintain or promote sufficient    | agent and lien holder of record,  |
| residual vegetation to maintain,  | who is affected by the proposed   |
| improve or restore                | actions, terms or conditions, or  |
| riparian-wetland functions of     | modifications relating to         |
| energy dissipation, sediment      | applications, permits and         |
| capture, groundwater recharge and | agreements (including range       |
| stream bank stability;            | improvement permits) or leases,   |
|                                   | by certified mail or personal     |
| \(iv\) Management practices       | delivery. Copies of proposed      |
| maintain or promote stream        | decisions shall also be sent to   |
| channel morphology (e.g.,         | the interested public.            |
| gradient, width/depth ratio,      |                                   |
| channel roughness and sinuosity)  | \(b\) Proposed decisions shall    |
| and functions that are            | state the reasons for the action  |
| appropriate to climate and        | and shall reference the pertinent |
| landform;                         | terms, conditions and the         |
|                                   | provisions of applicable          |
| \(v\) Management practices        | regulations. As appropriate,      |
| maintain or promote the           | decisions shall state the alleged |
| appropriate kinds and amounts of  | violations of specific terms and  |
| soil organisms, plants and        | conditions and provisions of      |
| animals to support the hydrologic | these regulations alleged to have |
| cycle, nutrient cycle, and energy | been violated, and shall state    |
| flow;                             | the amount due under §§4130.8 and |
|                                   | 4150.3 and the action to be taken |
| \(vi\) Management practices       | under §4170.1.                    |
| maintain or promote the physical  |                                   |
| and biological conditions         | \(c\) The authorized officer may  |
| necessary to sustain native       | elect not to issue a proposed     |
| populations and communities;      | decision prior to a final         |
|                                   | decision where the authorized     |
| \(vii\) Desired species are being | officer has made a determination  |
| allowed to complete seed          | in accordance with §**§**         |
| dissemination in 1 out of every 3 | 4110.3--3(b), **4130.6-2(b),**    |
| years (Management actions will    | 4150.2(d), or **4190.1(a).**      |
| promote the opportunity for       |                                   |
| seedling establishment when       | \(d\) A biological assessment or  |
| climatic conditions and space     | biological evaluation prepared by |
| allow.);                          | BLM for purposes of an Endangered |
|                                   | Species Act consultation or       |
| \(viii\) Conservation of Federal  | conference is not a decision for  |
| threatened or endangered,         | purposes of protest or appeal.    |
| ~~P~~roposed, ~~Category 1 and    |                                   |
| 2~~ candidate, and other special  | § 4160.2   Protests.              |
| status species is promoted by the |                                   |
| restoration and maintenance of    | Any applicant, permittee, lessee  |
| their habitats;                   | or other interested public may    |
|                                   | protest the proposed decision     |
| \(ix\) Native species are         | under **§**4160.1 of this title   |
| emphasized in the support of      | in person or in writing to the    |
| ecological function;              | authorized officer within 15 days |
|                                   | after receipt of such decision.   |
| \(x\) Non-native plant species    |                                   |
| are used only in those situations | § 4160.3   Final decisions.       |
| in which native species are not   |                                   |
| readily available in sufficient   | \(a\) In the absence of a         |
| quantities or are incapable of    | protest, the proposed decision    |
| maintaining or achieving properly | will become the final decision of |
| functioning conditions and        | the authorized officer without    |
| biological health;                | further notice unless otherwise   |
|                                   | provided in the proposed          |
| \(xi\) Periods of rest from       | decision.                         |
| disturbance or livestock use      |                                   |
| during times of critical plant    | \(b\) Upon the timely filing of a |
| growth or regrowth are provided   | protest, the authorized officer   |
| when needed to achieve healthy,   | shall reconsider her/his proposed |
| properly functioning conditions   | decision in light of the          |
| (The timing and duration of use   | protestant\'s statement of        |
| periods shall be determined by    | reasons for protest and in light  |
| the authorized officer.);         | of other information pertinent to |
|                                   | the case. At the conclusion to    |
| \(xii\) Continuous, season-long   | her/his review of the protest,    |
| livestock use is allowed to occur | the authorized officer shall      |
| only when it has been             | serve her/his final decision on   |
| demonstrated to be consistent     | the protestant or her/his agent,  |
| with achieving healthy, properly  | or both, and the interested       |
| functioning ecosystems;           | public.                           |
|                                   |                                   |
| \(xiii\) Facilities are located   | **\[ROADMAP NOTE -- APPEAL        |
| away from riparian-wetland areas  | PROVISIONS AND HOW BLM WILL       |
| wherever they conflict with       | AUTHORIZE GRAZING UPON A STAY OF  |
| achieving or maintaining          | A DECISION (see left column) HAS  |
| riparian-wetland function;        | BEEN MOVED, IN AMENDED FORM, TO   |
|                                   | §4160.4.\]**                      |
| \(xiv\) The development of        |                                   |
| springs and seeps or other        | **(c)** Notwithstanding the       |
| projects affecting water and      | provisions of §4.21(a) of this    |
| associated resources shall be     | title pertaining to the period    |
| designed to protect the           | during which a final decision     |
| ecological functions and          | will not be in effect, the        |
| processes of those sites; and     | authorized officer may provide    |
|                                   | that the final decision shall be  |
| \(xv\) Grazing on designated      | effective upon issuance or on a   |
| ephemeral (annual and perennial)  | date established in the decision  |
| rangeland is allowed to occur     | and shall remain in effect        |
| only if reliable estimates of     | pending the decision on appeal    |
| production have been made, an     | unless a stay is granted by the   |
| identified level of annual growth | Office of Hearings and Appeals    |
| or residue to remain on site at   | when the authorized officer has   |
| the end of the grazing season has | made a determination in           |
| been established, and adverse     | accordance with §**§**            |
| effects on perennial species are  | 4110.3--3(b), **4130.6-2(b),**    |
| avoided.                          | 4150.2(d), **or 4190.1(a).**      |
|                                   | Nothing in this section shall     |
| Subpart 4190 \-- Effect of        | affect the authority of the       |
| Wildfire Management Decisions     | Director of the Office of         |
|                                   | Hearings and Appeals, the         |
| §4190.1 Effect of wildfire        | Interior Board of Land Appeals,   |
| management decisions.             | **or an administrative law judge  |
|                                   | to provide that the decision      |
| \(a\) Notwithstanding the         | becomes effective immediately**   |
| provisions of 43 CFR 4.21(a)(1),  | as provided in **§**§ 4.21(a)(1)  |
| when BLM determines that          | **and 4.479(c)** of this title.   |
| vegetation, soil, or other        |                                   |
| resources on the public lands are | § 4160.4   Appeals.               |
| at substantial risk of wildfire   |                                   |
| due to drought, fuels buildup, or | **(a)** Any person **who wishes   |
| other reasons, or at immediate    | to appeal or seek a stay of a BLM |
| risk of erosion or other damage   | grazing decision must follow**    |
| due to wildfire, BLM may make a   | the requirements set **forth** in |
| rangeland wildfire management     | §**§** 4.470 **through 4.480** of |
| decision effective immediately or | this title. The appeal **or       |
| on a date established in the      | petition for stay** must be filed |
| decision. Wildfire management     | **with the BLM office that issued |
| includes but is not limited to:   | the decision** within 30 days     |
|                                   | after **its** receipt or within   |
| \(1\) Fuel reduction or fuel      | 30 days after the proposed        |
| treatment such as prescribed      | decision becomes final as         |
| burns and mechanical, chemical,   | provided in **§**4160.3**(a).**   |
| and biological thinning methods   |                                   |
| (with or without removal of       | \(b\) When OHA stays all or a     |
| thinned materials); and           | portion of a BLM grazing decision |
|                                   | that affects a grazing permit or  |
| \(2\) Projects to stabilize and   | lease, BLM will authorize grazing |
| rehabilitate lands affected by    | use as follows:                   |
| wildfire.                         |                                   |
|                                   | \(1\) When OHA stays              |
| \(b\) The Interior Board of Land  | implementation of all or part of  |
| Appeals will issue a decision on  | a grazing decision that cancels   |
| the merits of an appeal of a      | or suspends a permit or lease,    |
| wildfire management decision      | changes any terms or conditions   |
| under paragraph (a) of this       | of a permit or lease during its   |
| section within the time limits    | current term, or renews a permit  |
| prescribed in 43 CFR 4.416.       | or lease, BLM will continue to    |
|                                   | authorize grazing under the       |
|                                   | permit or lease, or the relevant  |
|                                   | term or condition thereof, that   |
|                                   | was in effect immediately before  |
|                                   | the decision was issued, subject  |
|                                   | to any relevant provisions of the |
|                                   | stay order. This continued        |
|                                   | authorization is not subject to   |
|                                   | protest or appeal.                |
|                                   |                                   |
|                                   | \(2\) When OHA stays              |
|                                   | implementation of a grazing       |
|                                   | decision that issues or denies    |
|                                   | issuance of a permit or lease to  |
|                                   | a preference transferee, BLM will |
|                                   | issue the preference applicant a  |
|                                   | permit or lease with terms and    |
|                                   | conditions that are the same as   |
|                                   | the terms and conditions of the   |
|                                   | most recent permit or lease       |
|                                   | applicable to the allotment or    |
|                                   | portion of the allotment in       |
|                                   | question, subject to any relevant |
|                                   | provisions of the stay order.     |
|                                   | This temporary permit will expire |
|                                   | upon the resolution of the        |
|                                   | administrative appeal. Issuance   |
|                                   | of the temporary permit is not a  |
|                                   | decision subject to protest or    |
|                                   | appeal.                           |
|                                   |                                   |
|                                   | \(3\) When OHA stays              |
|                                   | implementation of a grazing       |
|                                   | decision that issues a permit or  |
|                                   | lease to a preference transferee  |
|                                   | with terms and conditions         |
|                                   | different from terms and          |
|                                   | conditions of the most recent     |
|                                   | permit or lease applicable to the |
|                                   | allotment or portion of the       |
|                                   | allotment in question, BLM will   |
|                                   | issue the preference applicant a  |
|                                   | permit or lease that, with        |
|                                   | respect to any stayed term and    |
|                                   | condition, is the same as the     |
|                                   | terms and conditions of the most  |
|                                   | recent permit or lease applicable |
|                                   | to the allotment or portion of    |
|                                   | the allotment in question,        |
|                                   | subject to any relevant           |
|                                   | provisions of the stay order.     |
|                                   | This temporary permit will expire |
|                                   | upon resolution of the            |
|                                   | administrative appeal. Issuance   |
|                                   | of the temporary permit is not a  |
|                                   | decision subject to protest and   |
|                                   | appeal.                           |
|                                   |                                   |
|                                   | Subpart 4170---Penalties          |
|                                   |                                   |
|                                   | § 4170.1   Civil penalties.       |
|                                   |                                   |
|                                   | § 4170.1-1   Penalty for          |
|                                   | violations.                       |
|                                   |                                   |
|                                   | \(a\) The authorized officer may  |
|                                   | withhold issuance of a grazing    |
|                                   | permit or lease, or suspend the   |
|                                   | grazing use authorized under a    |
|                                   | grazing permit or lease, in whole |
|                                   | or in part, or cancel a grazing   |
|                                   | permit or lease and grazing       |
|                                   | preference, or a free use grazing |
|                                   | permit or other grazing           |
|                                   | authorization, in whole or in     |
|                                   | part, under subpart 4160 of this  |
|                                   | title, for violation by a         |
|                                   | permittee or lessee of any of the |
|                                   | provisions of this part.          |
|                                   |                                   |
|                                   | \(b\) The authorized officer      |
|                                   | shall suspend the grazing use     |
|                                   | authorized under a grazing        |
|                                   | permit, in whole or in part, or   |
|                                   | shall cancel a grazing permit or  |
|                                   | lease and grazing preference, in  |
|                                   | whole or in part, under subpart   |
|                                   | 4160 of this title for repeated   |
|                                   | willful violation by a permittee  |
|                                   | or lessee of **§**4140.1(b)(1) of |
|                                   | this title.                       |
|                                   |                                   |
|                                   | \(c\) Whenever a nonpermittee or  |
|                                   | nonlessee violates **§**4140.1(b) |
|                                   | of this title and has not made    |
|                                   | satisfactory settlement under     |
|                                   | **§**4150.3 of this title the     |
|                                   | authorized officer shall refer    |
|                                   | the matter to proper authorities  |
|                                   | for appropriate legal action by   |
|                                   | the United States against the     |
|                                   | violator.                         |
|                                   |                                   |
|                                   | \(d\) Any person found to have    |
|                                   | violated the provisions of        |
|                                   | **§**4140.1(a)(6) after August    |
|                                   | 21, 1995, shall be required to    |
|                                   | pay twice the value of forage     |
|                                   | consumed as determined by the     |
|                                   | average monthly rate per AUM for  |
|                                   | pasturing livestock on privately  |
|                                   | owned land (excluding irrigated   |
|                                   | land) in each State as supplied   |
|                                   | annually by the National          |
|                                   | Agricultural Statistics Service,  |
|                                   | and all reasonable expenses       |
|                                   | incurred by the United States in  |
|                                   | detecting, investigating, and     |
|                                   | resolving violations. If the      |
|                                   | dollar equivalent value is not    |
|                                   | received by the authorized        |
|                                   | officer within 30 days of receipt |
|                                   | of the final decision, the        |
|                                   | grazing permit or lease shall be  |
|                                   | cancelled. Such payment shall be  |
|                                   | in addition to any other          |
|                                   | penalties the authorized officer  |
|                                   | may impose under paragraph (a) of |
|                                   | this section.                     |
|                                   |                                   |
|                                   | § 4170.1-2   Failure to use.      |
|                                   |                                   |
|                                   | If a permittee or lessee has, for |
|                                   | 2 consecutive grazing fee years,  |
|                                   | failed to make substantial use as |
|                                   | authorized in the lease or        |
|                                   | permit, or has failed to maintain |
|                                   | or use water base property in the |
|                                   | grazing operation, the authorized |
|                                   | officer, after consultation,      |
|                                   | coordination, and cooperation     |
|                                   | with the permittee or lessee and  |
|                                   | any lienholder of record, may     |
|                                   | cancel whatever amount of active  |
|                                   | use the permittee or lessee has   |
|                                   | failed to use.                    |
|                                   |                                   |
|                                   | § 4170.2   Penal provisions.      |
|                                   |                                   |
|                                   | § 4170.2-1   Penal provisions     |
|                                   | under the Taylor Grazing Act.     |
|                                   |                                   |
|                                   | Under section 2 of the Act any    |
|                                   | person who willfully commits an   |
|                                   | act prohibited under §4140.1(b),  |
|                                   | or who willfully violates         |
|                                   | approved special rules and        |
|                                   | regulations is punishable by a    |
|                                   | fine of not more than \$500.      |
|                                   |                                   |
|                                   | § 4170.2-2   Penal provisions     |
|                                   | under the Federal Land Policy and |
|                                   | Management Act.                   |
|                                   |                                   |
|                                   | Under section 303(a) of the       |
|                                   | Federal Land Policy and           |
|                                   | Management Act of 1976 (43 U.S.C. |
|                                   | 1701 *et seq.*), any person who   |
|                                   | knowingly and willfully commits   |
|                                   | an act prohibited under           |
|                                   | §4140.1(b) or who knowingly and   |
|                                   | willfully violates approved       |
|                                   | special rules and regulations may |
|                                   | be brought before a designated    |
|                                   | U.S. magistrate and is punishable |
|                                   | by a fine in accordance with the  |
|                                   | applicable provisions of Title 18 |
|                                   | of the United States Code, or     |
|                                   | imprisonment for no more than 12  |
|                                   | months, or both.                  |
|                                   |                                   |
|                                   | Subpart 4180---Fundamentals of    |
|                                   | Rangeland Health and Standards    |
|                                   | and Guidelines for Grazing        |
|                                   | Administration                    |
|                                   |                                   |
|                                   | § 4180.1   Fundamentals of        |
|                                   | rangeland health.                 |
|                                   |                                   |
|                                   | Standards and guidelines          |
|                                   | developed by a Bureau of Land     |
|                                   | Management State Director under § |
|                                   | 4180.2(b) must be consistent with |
|                                   | the following fundamentals of     |
|                                   | rangeland health:                 |
|                                   |                                   |
|                                   | a\) Watersheds are in, or are     |
|                                   | making significant progress       |
|                                   | toward, properly functioning      |
|                                   | physical condition, including     |
|                                   | their upland, riparian-wetland,   |
|                                   | and aquatic components; soil and  |
|                                   | plant conditions support          |
|                                   | infiltration, soil moisture       |
|                                   | storage, and the release of water |
|                                   | that are in balance with climate  |
|                                   | and landform and maintain or      |
|                                   | improve water quality, water      |
|                                   | quantity, and timing and duration |
|                                   | of flow.                          |
|                                   |                                   |
|                                   | \(b\) Ecological processes,       |
|                                   | including the hydrologic cycle,   |
|                                   | nutrient cycle, and energy flow,  |
|                                   | are maintained, or there is       |
|                                   | significant progress toward their |
|                                   | attainment, in order to support   |
|                                   | healthy biotic populations and    |
|                                   | communities.                      |
|                                   |                                   |
|                                   | \(c\) Water quality complies with |
|                                   | State water quality standards and |
|                                   | achieves, or is making            |
|                                   | significant progress toward       |
|                                   | achieving, established BLM        |
|                                   | management objectives such as     |
|                                   | meeting wildlife needs.           |
|                                   |                                   |
|                                   | \(d\) Habitats are, or are making |
|                                   | significant progress toward       |
|                                   | being, restored or maintained for |
|                                   | Federal threatened and endangered |
|                                   | species, Federal proposed **or**  |
|                                   | candidate **threatened and        |
|                                   | endangered species** and other    |
|                                   | special status species.           |
|                                   |                                   |
|                                   | § 4180.2   Standards and          |
|                                   | guidelines for grazing            |
|                                   | administration.                   |
|                                   |                                   |
|                                   | \(a\) The Bureau of Land          |
|                                   | Management State Director, in     |
|                                   | consultation with the affected    |
|                                   | resource advisory councils where  |
|                                   | they exist, will identify the     |
|                                   | geographical area for which       |
|                                   | standards and guidelines are      |
|                                   | developed. Standards and          |
|                                   | guidelines will be developed for  |
|                                   | an entire state, or an area       |
|                                   | encompassing portions of more     |
|                                   | than 1 state, unless the Bureau   |
|                                   | of Land Management State          |
|                                   | Director, in consultation with    |
|                                   | the resource advisory councils,   |
|                                   | determines that the               |
|                                   | characteristics of an area are    |
|                                   | unique, and the rangelands within |
|                                   | the area could not be adequately  |
|                                   | protected using standards and     |
|                                   | guidelines developed on a broader |
|                                   | geographical scale.               |
|                                   |                                   |
|                                   | \(b\) The Bureau of Land          |
|                                   | Management State Director, in     |
|                                   | consultation with affected Bureau |
|                                   | of Land Management resource       |
|                                   | advisory councils, shall develop  |
|                                   | and amend State or regional       |
|                                   | standards and guidelines. The     |
|                                   | Bureau of Land Management State   |
|                                   | Director will also coordinate     |
|                                   | with Indian tribes, other State   |
|                                   | and Federal land management       |
|                                   | agencies responsible for the      |
|                                   | management of lands and resources |
|                                   | within the region or area under   |
|                                   | consideration, and the public in  |
|                                   | the development of State or       |
|                                   | regional standards and            |
|                                   | guidelines. State or regional     |
|                                   | standards or guidelines developed |
|                                   | by the Bureau of Land Management  |
|                                   | State Director may not be         |
|                                   | implemented prior to their        |
|                                   | approval by the Secretary.        |
|                                   | Standards and guidelines made     |
|                                   | effective under paragraph (f) of  |
|                                   | this section may be modified by   |
|                                   | the Bureau of Land Management     |
|                                   | State Director, with approval of  |
|                                   | the Secretary, to address local   |
|                                   | ecosystems and management         |
|                                   | practices.                        |
|                                   |                                   |
|                                   | (c)**(1) If a standards           |
|                                   | assessment indicates to the       |
|                                   | authorized officer that the       |
|                                   | rangeland is failing to achieve   |
|                                   | standards or that management      |
|                                   | practices do not conform to the   |
|                                   | guidelines, then the authorized   |
|                                   | officer will use monitoring data  |
|                                   | to identify the significant       |
|                                   | factors that contribute to        |
|                                   | failing to achieve the standards  |
|                                   | or to conform with the            |
|                                   | guidelines.** **If the authorized |
|                                   | officer determines through        |
|                                   | standards assessment and          |
|                                   | monitoring** that existing        |
|                                   | grazing management practices or   |
|                                   | levels of grazing use on public   |
|                                   | lands are significant factors in  |
|                                   | failing to achieve the standards  |
|                                   | and conform with the guidelines   |
|                                   | that are made effective under     |
|                                   | this section, **the authorized    |
|                                   | officer will, in compliance with  |
|                                   | applicable laws and with the      |
|                                   | consultation requirements of this |
|                                   | part, formulate, propose, and     |
|                                   | analyze appropriate action to     |
|                                   | address the failure to meet       |
|                                   | standards or to conform to the    |
|                                   | guidelines.**                     |
|                                   |                                   |
|                                   | \(i\) Parties will execute a      |
|                                   | documented agreement and/or the   |
|                                   | authorized officer will issue a   |
|                                   | final decision on the appropriate |
|                                   | action under § 4160.3 as soon as  |
|                                   | practicable, but not later than   |
|                                   | 24 months after a determination.  |
|                                   |                                   |
|                                   | \(ii\) BLM may extend the         |
|                                   | deadline for meeting the          |
|                                   | requirements established in       |
|                                   | paragraph (c)(1)(i) of this       |
|                                   | section when legally required     |
|                                   | processes that are the            |
|                                   | responsibility of another agency  |
|                                   | prevent completion of all legal   |
|                                   | obligations within the 24-month   |
|                                   | time frame. BLM will make a       |
|                                   | decision as soon as practicable   |
|                                   | after the legal requirements are  |
|                                   | met.                              |
|                                   |                                   |
|                                   | \(2\) Upon executing the          |
|                                   | agreement and/or in the absence   |
|                                   | of a stay of the final decision,  |
|                                   | the authorized officer will       |
|                                   | implement the appropriate action  |
|                                   | as soon as practicable, but not   |
|                                   | later than the start of the next  |
|                                   | grazing year.                     |
|                                   |                                   |
|                                   | \(3\) The authorized officer will |
|                                   | take appropriate action as        |
|                                   | defined in this paragraph by the  |
|                                   | deadlines established in          |
|                                   | paragraph (c)(1) and (c)(2) of    |
|                                   | this section. Appropriate action  |
|                                   | means implementing actions        |
|                                   | pursuant to subparts 4110, 4120,  |
|                                   | 4130, and 4160 that will result   |
|                                   | in significant progress toward    |
|                                   | fulfillment of the standards and  |
|                                   | significant progress toward       |
|                                   | conformance with the guidelines.  |
|                                   | Practices and activities subject  |
|                                   | to standards and guidelines       |
|                                   | include the development of        |
|                                   | grazing-related portions of       |
|                                   | activity plans, establishment of  |
|                                   | terms and conditions of permits,  |
|                                   | leases and other grazing          |
|                                   | authorizations, and range         |
|                                   | improvement activities such as    |
|                                   | vegetation manipulation, fence    |
|                                   | construction and development of   |
|                                   | water.                            |
|                                   |                                   |
|                                   | \(d\) At a minimum, **s**tate and |
|                                   | regional standards developed **or |
|                                   | revised** under paragraphs (a)    |
|                                   | and (b) of this section must      |
|                                   | address the following:            |
|                                   |                                   |
|                                   | \(1\) Watershed function;         |
|                                   |                                   |
|                                   | \(2\) Nutrient cycling and energy |
|                                   | flow;                             |
|                                   |                                   |
|                                   | \(3\) Water quality;              |
|                                   |                                   |
|                                   | \(4\) Habitat for endangered,     |
|                                   | threatened, proposed,             |
|                                   | **c**andidate, **and other**      |
|                                   | special status species; and       |
|                                   |                                   |
|                                   | \(5\) Habitat quality for native  |
|                                   | plant and animal populations and  |
|                                   | communities.                      |
|                                   |                                   |
|                                   | \(e\) At a minimum, State or      |
|                                   | regional guidelines developed     |
|                                   | under paragraphs (a) and (b) of   |
|                                   | this section must address the     |
|                                   | following:                        |
|                                   |                                   |
|                                   | \(1\) Maintaining or promoting    |
|                                   | adequate amounts of vegetative    |
|                                   | ground cover, including standing  |
|                                   | plant material and litter, to     |
|                                   | support infiltration, maintain    |
|                                   | soil moisture storage, and        |
|                                   | stabilize soils;                  |
|                                   |                                   |
|                                   | \(2\) Maintaining or promoting    |
|                                   | subsurface soil conditions that   |
|                                   | support permeability rates        |
|                                   | appropriate to climate and soils; |
|                                   |                                   |
|                                   | \(3\) Maintaining, improving or   |
|                                   | restoring riparian-wetland        |
|                                   | functions including energy        |
|                                   | dissipation, sediment capture,    |
|                                   | groundwater recharge, and stream  |
|                                   | bank stability;                   |
|                                   |                                   |
|                                   | \(4\) Maintaining or promoting    |
|                                   | stream channel morphology (e.g.,  |
|                                   | gradient, width/depth ratio,      |
|                                   | channel roughness and sinuosity)  |
|                                   | and functions appropriate to      |
|                                   | climate and landform;             |
|                                   |                                   |
|                                   | \(5\) Maintaining or promoting    |
|                                   | the appropriate kinds and amounts |
|                                   | of soil organisms, plants and     |
|                                   | animals to support the hydrologic |
|                                   | cycle, nutrient cycle, and energy |
|                                   | flow;                             |
|                                   |                                   |
|                                   | \(6\) Promoting the opportunity   |
|                                   | for seedling establishment of     |
|                                   | appropriate plant species when    |
|                                   | climatic conditions and space     |
|                                   | allow;                            |
|                                   |                                   |
|                                   | \(7\) Maintaining, restoring or   |
|                                   | enhancing water quality to meet   |
|                                   | management objectives, such as    |
|                                   | meeting wildlife needs;           |
|                                   |                                   |
|                                   | \(8\) Restoring, maintaining or   |
|                                   | enhancing habitats to assist in   |
|                                   | the recovery of Federal           |
|                                   | threatened and endangered         |
|                                   | species;                          |
|                                   |                                   |
|                                   | \(9\) Restoring, maintaining or   |
|                                   | enhancing habitats of Federal     |
|                                   | Proposed, Federal candidate, and  |
|                                   | other special status species to   |
|                                   | promote their conservation;       |
|                                   |                                   |
|                                   | \(10\) Maintaining or promoting   |
|                                   | the physical and biological       |
|                                   | conditions to sustain native      |
|                                   | populations and communities;      |
|                                   |                                   |
|                                   | \(11\) Emphasizing native species |
|                                   | in the support of ecological      |
|                                   | function; and                     |
|                                   |                                   |
|                                   | \(12\) Incorporating the use of   |
|                                   | non-native plant species only in  |
|                                   | those situations in which native  |
|                                   | species are not available in      |
|                                   | sufficient quantities or are      |
|                                   | incapable of maintaining or       |
|                                   | achieving properly functioning    |
|                                   | conditions and biological health. |
|                                   |                                   |
|                                   | \(f\) **U**ntil such time as      |
|                                   | state or regional standards and   |
|                                   | guidelines are developed and in   |
|                                   | effect, the following standards   |
|                                   | provided in paragraph (f)(1) of   |
|                                   | this section and guidelines       |
|                                   | provided in (f)(2) of this        |
|                                   | section **will** apply and will   |
|                                   | be implemented in accordance with |
|                                   | paragraph (c) of this section.    |
|                                   |                                   |
|                                   | \(1\) *Fallback standards.*       |
|                                   |                                   |
|                                   | \(i\) Upland soils exhibit        |
|                                   | infiltration and permeability     |
|                                   | rates that are appropriate to     |
|                                   | soil type, climate and landform.  |
|                                   |                                   |
|                                   | \(ii\) Riparian-wetland areas are |
|                                   | in properly functioning           |
|                                   | condition.                        |
|                                   |                                   |
|                                   | \(iii\) Stream channel morphology |
|                                   | (including but not limited to     |
|                                   | gradient, width/depth ratio,      |
|                                   | channel roughness and sinuosity)  |
|                                   | and functions are appropriate for |
|                                   | the climate and landform.         |
|                                   |                                   |
|                                   | \(iv\) Healthy, productive and    |
|                                   | diverse populations of native     |
|                                   | species exist and are maintained. |
|                                   |                                   |
|                                   | \(2\) *Fallback guidelines.*      |
|                                   |                                   |
|                                   | \(i\) Management practices        |
|                                   | maintain or promote adequate      |
|                                   | amounts of ground cover to        |
|                                   | support infiltration, maintain    |
|                                   | soil moisture storage, and        |
|                                   | stabilize soils;                  |
|                                   |                                   |
|                                   | \(ii\) Management practices       |
|                                   | maintain or promote soil          |
|                                   | conditions that support           |
|                                   | permeability rates that are       |
|                                   | appropriate to climate and soils; |
|                                   |                                   |
|                                   | \(iii\) Management practices      |
|                                   | maintain or promote sufficient    |
|                                   | residual vegetation to maintain,  |
|                                   | improve or restore                |
|                                   | riparian-wetland functions of     |
|                                   | energy dissipation, sediment      |
|                                   | capture, groundwater recharge and |
|                                   | stream bank stability;            |
|                                   |                                   |
|                                   | \(iv\) Management practices       |
|                                   | maintain or promote stream        |
|                                   | channel morphology (e.g.,         |
|                                   | gradient, width/depth ratio,      |
|                                   | channel roughness and sinuosity)  |
|                                   | and functions that are            |
|                                   | appropriate to climate and        |
|                                   | landform;                         |
|                                   |                                   |
|                                   | \(v\) Management practices        |
|                                   | maintain or promote the           |
|                                   | appropriate kinds and amounts of  |
|                                   | soil organisms, plants and        |
|                                   | animals to support the hydrologic |
|                                   | cycle, nutrient cycle, and energy |
|                                   | flow;                             |
|                                   |                                   |
|                                   | \(vi\) Management practices       |
|                                   | maintain or promote the physical  |
|                                   | and biological conditions         |
|                                   | necessary to sustain native       |
|                                   | populations and communities;      |
|                                   |                                   |
|                                   | \(vii\) Desired species are being |
|                                   | allowed to complete seed          |
|                                   | dissemination in 1 out of every 3 |
|                                   | years (Management actions will    |
|                                   | promote the opportunity for       |
|                                   | seedling establishment when       |
|                                   | climatic conditions and space     |
|                                   | allow.);                          |
|                                   |                                   |
|                                   | \(viii\) Conservation of Federal  |
|                                   | threatened or endangered,         |
|                                   | **p**roposed, candidate, and      |
|                                   | other special status species is   |
|                                   | promoted by the restoration and   |
|                                   | maintenance of their habitats;    |
|                                   |                                   |
|                                   | \(ix\) Native species are         |
|                                   | emphasized in the support of      |
|                                   | ecological function;              |
|                                   |                                   |
|                                   | \(x\) Non-native plant species    |
|                                   | are used only in those situations |
|                                   | in which native species are not   |
|                                   | readily available in sufficient   |
|                                   | quantities or are incapable of    |
|                                   | maintaining or achieving properly |
|                                   | functioning conditions and        |
|                                   | biological health;                |
|                                   |                                   |
|                                   | \(xi\) Periods of rest from       |
|                                   | disturbance or livestock use      |
|                                   | during times of critical plant    |
|                                   | growth or regrowth are provided   |
|                                   | when needed to achieve healthy,   |
|                                   | properly functioning conditions   |
|                                   | (The timing and duration of use   |
|                                   | periods shall be determined by    |
|                                   | the authorized officer.);         |
|                                   |                                   |
|                                   | \(xii\) Continuous, season-long   |
|                                   | livestock use is allowed to occur |
|                                   | only when it has been             |
|                                   | demonstrated to be consistent     |
|                                   | with achieving healthy, properly  |
|                                   | functioning ecosystems;           |
|                                   |                                   |
|                                   | \(xiii\) Facilities are located   |
|                                   | away from riparian-wetland areas  |
|                                   | wherever they conflict with       |
|                                   | achieving or maintaining          |
|                                   | riparian-wetland function;        |
|                                   |                                   |
|                                   | \(xiv\) The development of        |
|                                   | springs and seeps or other        |
|                                   | projects affecting water and      |
|                                   | associated resources shall be     |
|                                   | designed to protect the           |
|                                   | ecological functions and          |
|                                   | processes of those sites; and     |
|                                   |                                   |
|                                   | \(xv\) Grazing on designated      |
|                                   | ephemeral (annual and perennial)  |
|                                   | rangeland is allowed to occur     |
|                                   | only if reliable estimates of     |
|                                   | production have been made, an     |
|                                   | identified level of annual growth |
|                                   | or residue to remain on site at   |
|                                   | the end of the grazing season has |
|                                   | been established, and adverse     |
|                                   | effects on perennial species are  |
|                                   | avoided.                          |
|                                   |                                   |
|                                   | Subpart 4190---Effect of Wildfire |
|                                   | Management Decisions              |
|                                   |                                   |
|                                   | § 4190.1   Effect of wildfire     |
|                                   | management decisions.             |
|                                   |                                   |
|                                   | \(a\) Notwithstanding the         |
|                                   | provisions of 43 CFR 4.21(a)(1),  |
|                                   | when BLM determines that          |
|                                   | vegetation, soil, or other        |
|                                   | resources on the public lands are |
|                                   | at substantial risk of wildfire   |
|                                   | due to drought, fuels buildup, or |
|                                   | other reasons, or at immediate    |
|                                   | risk of erosion or other damage   |
|                                   | due to wildfire, BLM may make a   |
|                                   | rangeland wildfire management     |
|                                   | decision effective immediately or |
|                                   | on a date established in the      |
|                                   | decision. Wildfire management     |
|                                   | includes but is not limited to:   |
|                                   |                                   |
|                                   | \(1\) Fuel reduction or fuel      |
|                                   | treatment such as prescribed      |
|                                   | burns and mechanical, chemical,   |
|                                   | and biological thinning methods   |
|                                   | (with or without removal of       |
|                                   | thinned materials); and           |
|                                   |                                   |
|                                   | \(2\) Projects to stabilize and   |
|                                   | rehabilitate lands affected by    |
|                                   | wildfire.                         |
|                                   |                                   |
|                                   | \(b\) The Interior Board of Land  |
|                                   | Appeals will issue a decision on  |
|                                   | the merits of an appeal of a      |
|                                   | wildfire management decision      |
|                                   | under paragraph (a) of this       |
|                                   | section within the time limits    |
|                                   | prescribed in 43 CFR 4.416.       |
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