43 CFR 4110.1 (Qualifications and Preferences-- Mandatory Qualifications)

§ 4100.0–7

43 CFR Ch. II (10–1–05 Edition)

(2) The lease or sublease of a Federal
grazing permit or lease to another
party without the assignment of the
associated base property;
(3) Allowing another party, other
than sons and daughters of the grazing
permittee or lessee meeting the requirements of § 4130.7(f), to graze on
public lands livestock that are not
owned or controlled by the permittee
or lessee; or
(4) Allowing another party, other
than sons and daughters of the grazing
permittee or lessee meeting the requirements of § 4130.7(f), to graze livestock on public lands under a pasturing
agreement without the approval of the
authorized officer.
Utilization means the portion of forage that has been consumed by livestock, wild horses and burros, wildlife
and insects during a specified period.
The term is also used to refer to the
pattern of such use.
[43 FR 29067, July 5, 1978, as amended at 46
FR 5788, Jan. 19, 1981; 53 FR 10232, Mar. 29,
1988; 60 FR 9961, Feb. 22, 1995]

§ 4100.0–7 Cross reference.
The regulations at part 1600 of this
chapter govern the development of land
use plans; the regulations at part 1780,
subpart 1784 of this chapter govern advisory committees; and the regulations
at subparts B and E of part 4 of this
title govern appeals and hearings.
[60 FR 9962, Feb. 22, 1995]

§ 4100.0–8 Land use plans.
The authorized officer shall manage
livestock grazing on public lands under
the principle of multiple use and sustained yield, and in accordance with
applicable land use plans. Land use
plans shall establish allowable resource
uses (either singly or in combination),
related levels of production or use to be
maintained, areas of use, and resource
condition goals and objectives to be obtained. The plans also set forth program constraints and general management practices needed to achieve management objectives. Livestock grazing
activities and management actions approved by the authorized officer shall
be in conformance with the land use
plan as defined at 43 CFR 1601.0–5(b).
[53 FR 10233, Mar. 29, 1988]

§ 4100.0–9

Information collection.

(a) The information collection requirements contained in Group 4100
have been approved by the Office of
Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance numbers 1004–0005, 1004–0019, 1004–
0020, 1004–0041, 1004–0047, 1004–0051, and
1004–0068. The information would be
collected to permit the authorized officer to determine whether an application to utilize public lands for grazing
or other purposes should be approved.
Response is required to obtain a benefit.
(b) Public reporting burden for the
information collections are as follows:
Clearance number 1004–0005 is estimated to average 0.33 hours per response, clearance number 1004–0019 is
estimated to average 0.33 hours per response, clearance number 1004–0020 is
estimated to average 0.33 hours per response, clearance number 1004–0041 is
estimated to average 0.25 hours per response, clearance number 1004–0047 is
estimated to average 0.25 hours per response, clearance number 1004–0051 is
estimated to average 0.3 hours per response, and clearance number 1004–0068
is estimated to average 0.17 hours per
response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding
this burden estimate or any other aspect of these collections of information, including suggestions for reducing the burden to the Information Collection Clearance Officer (873), Bureau
of Land Management, Washington, DC
20240, and the Office of Management
and Budget, Paperwork Reduction
Project, 1004–0005, –0019, –0020, –0041,
–0047, –0051, or –0068, Washington, DC
20503.
[60 FR 9962, Feb. 22, 1995]

Subpart 4110—Qualifications and
Preference
§ 4110.1

Mandatory qualifications.

(a) Except as provided under §§ 4110.1–
1, 4130.5, and 4130.6–3, to qualify for

842

VerDate Aug<31>2005

07:54 Nov 16, 2005

Jkt 205180

PO 00000

Frm 00852

Fmt 8010

Sfmt 8010

Y:\SGML\205180.XXX

205180

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

843

VerDate Aug<31>2005

07:54 Nov 16, 2005

Jkt 205180

PO 00000

Frm 00853

Fmt 8010

Sfmt 8010

Y:\SGML\205180.XXX

205180