§ 4140.1 Acts prohibited on public lands. ( a ) Grazing permittees or lessees performing the following prohibited acts may be subject to civil penalties under § 4170.1: ( 1 ) Violating special terms and conditions incorporated in permits or leases;
( 2 ) Failing to make substantial grazing use as authorized by a permit or lease for 2 consecutive fee years. This does not include approved temporary nonuse or use temporarily suspended by the authorized officer;
( 3 ) Placing supplemental feed on these lands without authorization, or contrary to the terms and conditions of the permit or lease;
( 4 ) Failing to comply with the terms, conditions, and stipulations of cooperative range improvement agreements or range improvement permits;
( 5 ) Refusing to install, maintain, modify, or remove range improvements when so directed by the authorized officer.
( 6 ) Unauthorized leasing or subleasing as defined in this part.
( b ) Persons performing the following prohibited acts on BLM-administered lands are subject to civil and criminal penalties set forth at §§ 4170.1 and 4170.2: ( 1 ) Allowing livestock or other privately owned or controlled animals to graze on or be driven across these lands: ( i ) Without a permit or lease or other grazing use authorization (see § 4130.6) and timely payment of grazing fees;
( ii ) In violation of the terms and conditions of a permit, lease, or other grazing use authorization including, but not limited to, livestock in excess of the number authorized;
( iii ) In an area or at a time different from that authorized; or
( iv ) Failing to comply with a requirement under § 4130.7(c) of this title.
( 2 ) Installing, using, maintaining, modifying, and/or removing range improvements without authorization;
( 3 ) Cutting, burning, spraying, destroying, or removing vegetation without authorization;
( 4 ) Damaging or removing U.S. property without authorization;
( 5 ) Molesting, harassing, injuring, poisoning, or causing death of livestock authorized to graze on these lands and removing authorized livestock without the owner's consent;
( 6 ) Littering;
( 7 ) Interfering with lawful uses or users including obstructing free transit through or over public lands by force, threat, intimidation, signs, barrier or locked gates;
( 8 ) Knowingly or willfully making a false statement or representation in base property certifications, grazing applications, range improvement permit applications, cooperative range improvement agreements, actual use reports and/or amendments thereto;
( 9 ) Failing to pay any fee required by the authorized officer pursuant to this part, or making payment for grazing use of public lands with insufficiently funded checks on a repeated and willful basis;
( 10 ) Failing to reclaim and repair any lands, property, or resources when required by the authorized officer;
( 11 ) Failing to reclose any gate or other entry during periods of livestock use.
( c ) ( 1 ) A grazing permittee or lessee performing any of the prohibited acts listed in paragraphs (c)(2) or (c)(3) of this section on an allotment where he is authorized to graze under a BLM permit or lease may be subject to the civil penalties set forth at § 4170.1-1, if: ( i ) The permittee or lessee performs the prohibited act while engaged in activities related to grazing use authorized by his permit or lease;
( ii ) The permittee or lessee has been convicted or otherwise found to be in violation of any of these laws or regulations by a court or by final determination of an agency charged with the administration of these laws or regulations; and
( iii ) No further appeals are outstanding.
( 2 ) Violation of Federal or state laws or regulations pertaining to the: ( i ) Placement of poisonous bait or hazardous devices designed for the destruction of wildlife;
( ii ) Application or storage of pesticides, herbicides, or other hazardous materials;
( iii ) Alteration or destruction of natural stream courses without authorization;
( iv ) Pollution of water sources;
( v ) Illegal take, destruction, or harassment, or aiding and abetting in the illegal take, destruction, or harassment of fish and wildlife resources; and
( vi ) Illegal removal or destruction of archaeological or cultural resources.
( 3 ) ( i ) Violation of the Bald and Golden Eagle Protection Act (16 U.S.C. 668 *et seq.*), ESA (16 U.S.C. 1531 *et seq.*), or any provision of part 4700 of this chapter concerning the protection and management of wild free-roaming horses and burros; or
( ii ) Violation of State livestock laws or regulations relating to the branding of livestock; breed, grade, and number of bulls; health and sanitation requirements; and violating State, county, or local laws regarding the straying of livestock from permitted public land grazing areas onto areas that have been formally closed to open range grazing.
[43 FR 29067, July 5, 1978, as amended at 46 FR 5790, Jan. 19, 1981; 47 FR 41712, Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984; 50 FR 45827, Nov. 4, 1985; 53 FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988; 60 FR 9968, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39507, July 12, 2006]