43 CFR 4130.7 (Ownership and Identification of Livestock)

Bureau of Land Management, Interior

§ 4130.7

leased lands that are offered in exchange-of-use.
(b) An exchange-of-use grazing agreement may be issued to authorize use of
public lands to the extent of the livestock carrying capacity of the lands offered in exchange-of-use. No fee shall
be charged for this grazing use.
[45 FR 47105, July 11, 1980, as amended at 49
FR 6453, Feb. 21, 1984; 53 FR 10234, Mar. 29,
1988. Redesignated at 60 FR 9965, Feb. 22,
1995, and amended at 60 FR 9967, Feb. 22, 1995]

§ 4130.6–2 Nonrenewable grazing permits and leases.
Nonrenewable grazing permits or
leases may be issued on an annual basis
to qualified applicants when forage is
temporarily available, provided this
use is consistent with multiple-use objectives and does not interfere with existing livestock operations on the public lands. The authorized officer shall
consult, cooperate and coordinate with
affected permittees or lessees, the
State having lands or responsible for
managing resources within the area,
and the interested public prior to the
issuance of nonrenewable grazing permits and leases.
[47 FR 41711, Sept. 21, 1982. Redesignated at
60 FR 9965, Feb. 22, 1995, and amended at 60
FR 9967, Feb. 22, 1995]

§ 4130.6–3

Crossing permits.

A crossing permit may be issued by
the authorized officer to any applicant
showing a need to cross the public land
or other land under Bureau of Land
Management control, or both, with
livestock for proper and lawful purposes. A temporary use authorization
for trailing livestock shall contain
terms and conditions for the temporary
grazing use that will occur as deemed
necessary by the authorized officer to
achieve the objectives of this part.
[60 FR 9967, Feb. 22, 1995]

§ 4130.6–4 Special grazing permits or
leases.
Special grazing permits or leases authorizing grazing use by privately
owned or controlled indigenous animals may be issued at the discretion of
the authorized officer. This use shall be
consistent with multiple-use objectives. These permits or leases shall be

issued for a term deemed appropriate
by the authorized officer not to exceed
10 years.
[43 FR 29067, July 5, 1978, as amended at 47
FR 41711, Sept. 21, 1982. Redesignated at 60
FR 9965, Feb. 22, 1995]

§ 4130.7 Ownership and identification
of livestock.
(a) The permittee or lessee shall own
or control and be responsible for the
management of the livestock which
graze the public land under a grazing
permit or lease.
(b) Authorized users shall comply
with the requirements of the State in
which the public lands are located relating to branding of livestock, breed,
grade, and number of bulls, health and
sanitation.
(c) The authorized officer may require counting and/or additional special marking or tagging of the authorized livestock in order to promote the
orderly administration of the public
lands.
(d) Except as provided in paragraph
(f) of this section, where a permittee or
lessee controls but does not own the
livestock which graze the public lands,
the agreement that gives the permittee
or lessee control of the livestock by the
permittee or lessee shall be filed with
the authorized officer and approval received prior to any grazing use. The
document shall describe the livestock
and livestock numbers, identify the
owner of the livestock, contain the
terms for the care and management of
the livestock, specify the duration of
the agreement, and shall be signed by
the parties to the agreement.
(e) The brand and other identifying
marks on livestock controlled, but not
owned, by the permittee or lessee shall
be filed with the authorized officer.
(f) Livestock owned by sons and
daughters of grazing permittees and
lessees may graze public lands included
within the permit or lease of their parents when all the following conditions
exist:
(1) The sons and daughters are participating in educational or youth programs related to animal husbandry, agribusiness or rangeland management,
or are actively involved in the family
ranching operation and are establishing a livestock herd with the intent

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§ 4130.8

43 CFR Ch. II (10–1–05 Edition)

of assuming part or all of the family
ranch operation.
(2) The livestock owned by the sons
and daughters to be grazed on public
lands do not comprise greater than 50
percent of the total number authorized
to occupy public lands under their parent’s permit or lease.
(3) The brands or other markings of
livestock that are owned by sons and
daughters are recorded on the parent’s
permit, lease, or grazing application.
(4) Use by livestock owned by sons
and daughters, when considered in addition to use by livestock owned or
controlled by the permittee or lessee,
does not exceed authorized livestock
use and is consistent with other terms
and conditions of the permit or lease.
[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30,
1984, as amended at 50 FR 45827, Nov. 4, 1985.
Redesignated at 60 FR 9965, Feb. 22, 1995, and
amended at 60 FR 9967, Feb. 22, 1995]

§ 4130.8

Fees.

§ 4130.8–1

Payment of fees.

(a) Grazing fees shall be established
annually by the Secretary.
(1) Except as provided in paragraphs
(a)(2) and (a)(3) of this section, the calculated fee or grazing fee shall be equal
to the $1.23 base established by the 1966
Western Livestock Grazing Survey
multiplied by the result of the Forage
Value Index (computed annually from
data supplied by the National Agricultural Statistics Service) added to the
Combined Index (Beef Cattle Price
Index minus the Prices Paid Index) and
divided by 100; as follows:

CF = $1.23 ×

FVI + BCPI − PPI
100

CF = Calculated Fee (grazing fee) is the estimated economic value of livestock grazing,
defined by the Congress as fair market
value (FMV) of the forage;
$1.23=The base economic value of grazing on
public rangeland established by the 1966
Western Livestock Grazing Survey;
FVI=Forage Value Index means the weighted
average estimate of the annual rental
charge per head per month for pasturing
cattle on private rangelands in the 11
Western States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona,
Utah, Nevada, Washington, Oregon, and
California) (computed by the National Agricultural Statistics Service from the June

Enumerative Survey) divided by $3.65 and
multiplied by 100;
BCPI=Beef Cattle Price Index means the
weighted average annual selling price for
beef cattle (excluding calves) in the 11
Western States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona,
Utah, Nevada, Washington, Oregon, and
California) for November through October
(computed by the National Agricultural
Statistics Service divided by $22.04 per
hundred weight and multiplied by 100; and
PPI=Prices Paid Index means the following
selected components from the National Agricultural Statistics Service’s Annual National Index of Prices Paid by Farmers for
Goods and Services adjusted by the
weights indicated in parentheses to reflect
livestock production costs in the Western
States: 1. Fuels and Energy (14.5); 2. Farm
and Motor Supplies (12.0); 3. Autos and
Trucks (4.5); 4. Tractors and Self-Propelled
Machinery (4.5); 5. Other Machinery (12.0);
6. Building and Fencing Materials (14.5); 7.
Interest (6.0); 8. Farm Wage Rates (14.0); 9.
Farm Services (18.0).

(2) Any annual increase or decrease
in the grazing fee for any given year
shall be limited to not more than plus
or minus 25 percent of the previous
year’s fee.
(3) The grazing fee for any year shall
not be less than $1.35 per animal unit
month.
(b) Fees shall be charged for livestock grazing upon or crossing the public lands and other lands administered
by the Bureau of Land Management at
a specified rate per animal unit month.
(c) Except as provided in § 4130.5, the
full fee shall be charged for each animal unit month of authorized grazing
use. For the purposes of calculating the
fee, an animal unit month is defined as
a month’s use and occupancy of range
by 1 cow, bull, steer, heifer, horse,
burro, mule, 5 sheep, or 5 goats, over
the age of 6 months at the time of entering the public lands or other lands
administered by the Bureau of Land
Management; by any such weaned animals regardless of age; and by such animals that will become 12 months of age
during the authorized period of use. No
charge shall be made for animals under
6 months of age, at the time of entering public lands or other lands administered by the Bureau of Land Management, that are the natural progeny of
animals upon which fees are paid, provided they will not become 12 months
of age during the authorized period of

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