43 CFR 4130.6-1 (Other Grazing Authorizations--Exchange-of-use grazing agreements)

§ 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

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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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