43 CFR 4130.4 (Authorization of temporary changes in grazing use within the terms and conditions of permits and leases, includin

§ 4130.4

43 CFR Ch. II (10–1–05 Edition)

the permit or lease when the active use
or related management practices are
not meeting the land use plan, allotment management plan or other activity plan, or management objectives, or
is not in conformance with the provisions of subpart 4180 of this part. To
the extent practical, the authorized officer shall provide to affected permittees or lessees, States having lands or
responsibility for managing resources
within the affected area, and the interested public an opportunity to review,
comment and give input during the
preparation of reports that evaluate
monitoring and other data that are
used as a basis for making decisions to
increase or decrease grazing use, or to
change the terms and conditions of a
permit or lease.
[60 FR 9966, Feb. 22, 1995]

§ 4130.4 Approval of changes in grazing use within the terms and conditions of permits and leases.
(a) Applications for changes in grazing use should be filed with the authorized officer before the billing notices
for the affected grazing use have been
issued. Applications for changes in
grazing use filed after the billing notices for the affected grazing use have
been issued and which require the
issuance of a replacement or supplemental billing notice shall be subject
to a service charge under § 4130.8–3 of
this title.
(b) Changes in grazing use within the
terms and conditions of the permit or
lease may be granted by the authorized
officer. Permittees and lessees may
apply to activate forage in temporary
nonuse or conservation use or to place
forage in temporary nonuse or conservation use, and may apply for the
use of forage that is temporarily available on designated ephemeral or annual
ranges.
[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30,
1984. Redesignated at 60 FR 9965, Feb. 22,
1995, and amended at 60 FR 9966, Feb. 22, 1995;
61 FR 4227, Feb. 5, 1996]

§ 4130.5 Free-use grazing permits.
(a) A free-use grazing permit shall be
issued to any applicant whose residence is adjacent to public lands within
grazing districts and who needs these
public lands to support those domestic

livestock owned by the applicant whose
products or work are used directly and
exclusively by the applicant and his
family. The issuance of free-use grazing permits is subject to § 4130.1–2.
These permits shall be issued on an annual basis. These permits cannot be
transferred or assigned.
(b) The authorized officer may also
authorize free use under the following
circumstances:
(1) The primary objective of authorized grazing use or conservation use is
the management of vegetation to meet
resource objectives other than the production of livestock forage and such
use is in conformance with the requirements of this part;
(2) The primary purpose of grazing
use is for scientific research or administrative studies; or
(3) The primary purpose of grazing
use is the control of noxious weeds.
[43 FR 29067, July 5, 1978, as amended at 49
FR 6453, Mar. 30, 1984. Redesignated at 60 FR
9965, Feb. 22, 1995, and amended at 60 FR 9966,
Feb. 22, 1995]

§ 4130.6 Other grazing authorizations.
Exchange-of-use grazing agreements,
nonrenewable
grazing
permits
or
leases, crossing permits, and special
grazing permits or leases have no priority for renewal and cannot be transferred or assigned.
[43 FR 29067, July 5, 1978, as amended at 47
FR 41711, Sept. 21, 1982. Redesignated at 60
FR 9965, Feb. 22, 1995]

§ 4130.6–1 Exchange-of-use
grazing
agreements.
(a) An exchange-of-use grazing agreement may be issued to an applicant
who owns or controls lands that are
unfenced and intermingled with public
lands in the same allotment when use
under such an agreement will be in
harmony with the management objectives for the allotment and will be
compatible with the existing livestock
operations. The agreements shall contain appropriate terms and conditions
required under § 4130.3 that ensure the
orderly administration of the range, including fair and equitable sharing of
the operation and maintenance of
range improvements. The term of an
exchange-of-use agreement may not exceed the length of the term for any

854

VerDate Aug<31>2005

07:54 Nov 16, 2005

Jkt 205180

PO 00000

Frm 00864

Fmt 8010

Sfmt 8010

Y:\SGML\205180.XXX

205180