43 CFR 4110.2-1(c) (Grazing Preference-Base Property)

Bureau of Land Management, Interior

§ 4110.2–1

grazing use on the public lands an applicant must own or control land or
water base property, and must be:
(1) A citizen of the United States or
have properly filed a valid declaration
of intention to become a citizen or a
valid petition for naturalization; or
(2) A group or association authorized
to conduct business in the State in
which the grazing use is sought, all
members of which are qualified under
paragraph (a) of this section; or
(3) A corporation authorized to conduct business in the State in which the
grazing use is sought.
(b) Applicants for the renewal or
issuance of new permits and leases and
any affiliates must be determined by
the authorized officer to have a satisfactory record of performance.
(1) Renewal of permit or lease. (i) The
applicant for renewal of a grazing permit or lease, and any affiliate, shall be
deemed to have a satisfactory record of
performance if the authorized officer
determines the applicant and affiliates
to be in substantial compliance with
the terms and conditions of the existing Federal grazing permit or lease for
which renewal is sought, and with the
rules and regulations applicable to the
permit or lease.
(ii) The authorized officer may take
into consideration circumstances beyond the control of the applicant or affiliate in determining whether the applicant and affiliates are in substantial
compliance with permit or lease terms
and conditions and applicable rules and
regulations.
(2) New permit or lease. Applicants for
new permits or leases, and any affiliates, shall be deemed not to have a
record of satisfactory performance
when—
(i) The applicant or affiliate has had
any Federal grazing permit or lease
cancelled for violation of the permit or
lease within the 36 calendar months
immediately preceding the date of application; or
(ii) The applicant or affiliate has had
any State grazing permit or lease, for
lands within the grazing allotment for
which a Federal permit or lease is
sought, cancelled for violation of the
permit or lease within the 36 calendar
months immediately preceding the
date of application; or

(iii) The applicant or affiliate is
barred from holding a Federal grazing
permit or lease by order of a court of
competent jurisdiction.
(c) In determining whether affiliation
exists, the authorized officer shall consider all appropriate factors, including,
but not limited to, common ownership,
common management, identity of interests among family members, and
contractual relationships.
(d) Applicants shall submit an application and any other relevant information requested by the authorized officer
in order to determine that all qualifications have been met.
[43 FR 29067, July 5, 1978, as amended at 49
FR 6450, Feb. 21, 1984; 60 FR 9962, Feb. 22,
1995]

§ 4110.1–1

Acquired lands.

Where lands have been acquired by
the Bureau of Land Management
through purchase, exchange, Act of
Congress or Executive Order, and an
agreement or the terms of the act or
Executive Order provide that the Bureau of Land Management shall honor
existing grazing permits or leases, such
permits or leases are governed by the
terms and conditions in effect at the
time of acquisition by the Bureau of
Land Management, and are not subject
to the requirements of § 4110.1.
[60 FR 9962, Feb. 22, 1995]

§ 4110.2

Grazing preference.

§ 4110.2–1

Base property.

(a) The authorized officer shall find
land or water owned or controlled by
an applicant to be base property (see
§ 4100.0–5) if:
(1) It is capable of serving as a base of
operation for livestock use of public
lands within a grazing district; or
(2) It is contiguous land, or, when no
applicant owns or controls contiguous
land, noncontiguous land that is capable of being used in conjunction with a
livestock operation which would utilize
public lands outside a grazing district.
(b) After appropriate consultation,
cooperation, and coordination, the authorized officer shall specify the length
of time for which land base property
shall be capable of supporting authorized livestock during the year, relative

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§ 4110.2–2

43 CFR Ch. II (10–1–05 Edition)

to the multiple use management objective of the public lands.
(c) An applicant shall provide a legal
description, or plat, of the base property and shall certify to the authorized
officer that this base property meets
the requirements under paragraphs (a)
and (b) of this section. A permittee’s or
lessee’s interest in water previously
recognized as base property on public
land shall be deemed sufficient in
meeting the requirement that the applicant control base property. Where
such waters become unusable and are
replaced by newly constructed or reconstructed water developments that
are the subject of a range improvement
permit or cooperative range improvement agreement, the permittee’s or
lessee’s interest in the replacement
water shall be deemed sufficient in
meeting the requirement that the applicant control base property.
(d) If a permittee or lessee loses ownership or control of all or part of his/
her base property, the permit or lease,
to the extent it was based upon such
lost property, shall terminate immediately without further notice from the
authorized officer. However, if, prior to
losing ownership or control of the base
property, the permittee or lessee requests, in writing, that the permit or
lease be extended to the end of the
grazing season or grazing year, the termination date may be extended as determined by the authorized officer
after consultation with the new owner.
When a permit or lease terminates because of a loss of ownership or control
of a base property, the grazing preference shall remain with the base property and be available through application and transfer procedures at 43 CFR
4110.2–3, to the new owner or person in
control of that base property.
(e) Applicants who own or control
base property contiguous to or cornering upon public land outside a grazing district where such public land consists of an isolated or disconnected
tract embracing 760 acres or less shall,
for a period of 90 days after the tract
has been offered for lease, have a preference right to lease the whole tract.
[43 FR 29067, July 5, 1978, as amended at 46
FR 5788, Jan. 19, 1981; 49 FR 6450, Feb. 21,
1984; 53 FR 10233, Mar. 29, 1988; 60 FR 9962,
Feb. 22, 1995]

§ 4110.2–2

Specifying permitted use.

(a) Permitted use is granted to holders of grazing preference and shall be
specified in all grazing permits and
leases. Permitted use shall encompass
all authorized use including livestock
use, any suspended use, and conservation use, except for permits and leases
for designated ephemeral rangelands
where livestock use is authorized based
upon forage availability, or designated
annual rangelands. Permitted livestock use shall be based upon the
amount of forage available for livestock grazing as established in the land
use plan, activity plan, or decision of
the authorized officer under § 4110.3–3,
except, in the case of designated
ephemeral or annual rangelands, a land
use plan or activity plan may alternatively prescribe vegetation standards
to be met in the use of such rangelands.
(b) The permitted use specified shall
attach to the base property supporting
the grazing permit or grazing lease.
(c) The animal unit months of permitted use attached to:
(1) The acreage of land base property
on a pro rata basis, or
(2) Water base property on the basis
of livestock forage production within
the service area of the water.
[53 FR 10233, Mar. 29, 1988, as amended at 60
FR 9963, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996]

§ 4110.2–3 Transfer
erence.

of

grazing

(a) Transfers of grazing preference in
whole or in part are subject to the following requirements:
(1) The transferee shall meet all
qualifications and requirements of
§§ 4110.1, 4110.2–1, and 4110.2–2.
(2) The transfer applications under
paragraphs (b) and (c) of this section
shall evidence assignment of interest
and obligation in range improvements
authorized on public lands under
§ 4120.3 and maintained in conjunction
with the transferred preference (see
§ 4120.3–5). The terms and conditions of
the cooperative range improvement
agreements and range improvement
permits are binding on the transferee.
(3) The transferee shall accept the
terms and conditions of the terminating grazing permit or lease (see

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