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Data is current as of November 19, 2010

Title 43:
Public Lands: Interior

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PART 4100—GRAZING ADMINISTRATION—EXCLUSIVE OF ALASKA

Section Contents

Subpart
4100—Grazing Administration—Exclusive of Alaska;
General
§ 4100.0-1   Purpose.
§ 4100.0-2   Objectives.
§ 4100.0-3   Authority.
§ 4100.0-5   Definitions.
§ 4100.0-7   Cross
reference.
§ 4100.0-8   Land
use plans.
§ 4100.0-9   Information
collection.

Subpart
4110—Qualifications and Preference
§ 4110.1   Mandatory
qualifications.
§ 4110.1-1   Acquired
lands.
§ 4110.2   Grazing
preference.
§ 4110.2-1   Base
property.
§ 4110.2-2   Specifying
grazing preference.
§ 4110.2-3   Transfer
of grazing preference.
§ 4110.2-4   Allotments.
§ 4110.3   Changes
in grazing preference.
§ 4110.3-1   Increasing
active use.
§ 4110.3-2   Decreasing
active use.
§ 4110.3-3   Implementing
changes in active use.
§ 4110.4   Changes
in public land acreage.
§ 4110.4-1   Additional
land acreage.
§ 4110.4-2   Decrease
in land acreage.
§ 4110.5   Interest
of Member of Congress.

Subpart
4120—Grazing Management
§ 4120.1   [Reserved]
§ 4120.2   Allotment
management plans and resource activity plans.
§ 4120.3   Range
improvements.
§ 4120.3-1   Conditions
for range improvements.
§ 4120.3-2   Cooperative
range improvement agreements.
§ 4120.3-3   Range
improvement permits.
§ 4120.3-4   Standards,
design and stipulations.
§ 4120.3-5   Assignment
of range improvements.
§ 4120.3-6   Removal
and compensation for loss of range improvements.
§ 4120.3-7   Contributions.
§ 4120.3-8   Range
improvement fund.
§ 4120.3-9   Water
rights for the purpose of livestock grazing on public
lands.
§ 4120.4   Special
rules.
§ 4120.5   Cooperation.
§ 4120.5-1   Cooperation
in management.
§ 4120.5-2   Cooperation
with Tribal, state, county, and Federal agencies.

Subpart
4130—Authorizing Grazing Use
§ 4130.1   Applications.
§ 4130.1-1   Filing
applications.
§ 4130.1-2   Conflicting
applications.
§ 4130.2   Grazing
permits or leases.
§ 4130.3   Terms
and conditions.
§ 4130.3-1   Mandatory
terms and conditions.
§ 4130.3-2   Other
terms and conditions.
§ 4130.3-3   Modification
of permits or leases.
§ 4130.4   Authorization
of temporary changes in grazing use within the terms and conditions of
permits and leases, including temporary nonuse.
§ 4130.5   Free-use
grazing permits.
§ 4130.6   Other
grazing authorizations.
§ 4130.6-1   Exchange-of-use
grazing agreements.
§ 4130.6-2   Nonrenewable
grazing permits and leases.
§ 4130.6-3   Crossing
permits.
§ 4130.6-4   Special
grazing permits or leases.
§ 4130.7   Ownership
and identification of livestock.
§ 4130.8   Fees.
§ 4130.8-1   Payment
of fees.
§ 4130.8-2   Refunds.
§ 4130.8-3   Service
charge.
§ 4130.9   Pledge
of permits or leases as security for loans.

Subpart
4140—Prohibited Acts
§ 4140.1   Acts
prohibited on public lands.

Subpart
4150—Unauthorized Grazing Use
§ 4150.1   Violations.
§ 4150.2   Notice
and order to remove.
§ 4150.3   Settlement.
§ 4150.4   Impoundment
and disposal.
§ 4150.4-1   Notice
of intent to impound.
§ 4150.4-2   Impoundment.
§ 4150.4-3   Notice
of public sale.
§ 4150.4-4   Redemption.
§ 4150.4-5   Sale.

Subpart
4160—Administrative Remedies
§ 4160.1   Proposed
decisions.
§ 4160.2   Protests.
§ 4160.3   Final
decisions.
§ 4160.4   Appeals.

Subpart
4170—Penalties
§ 4170.1   Civil
penalties.
§ 4170.1-1   Penalty
for violations.
§ 4170.1-2   Failure
to use.
§ 4170.2   Penal
provisions.
§ 4170.2-1   Penal
provisions under the Taylor Grazing Act.
§ 4170.2-2   Penal
provisions under the Federal Land Policy and Management
Act.

Subpart
4180—Fundamentals of Rangeland Health and Standards and Guidelines for
Grazing Administration
§ 4180.1   Fundamentals
of rangeland health.
§ 4180.2   Standards
and guidelines for grazing administration.

Subpart
4190—Effect of Wildfire Management
Decisions
§ 4190.1   Effect
of wildfire management decisions.

Authority:   43 U.S.C. 315, 315a-315r,
1181d, 1740.

Source:   43 FR 29067, July 5, 1978,
unless otherwise noted.

Subpart 4100—Grazing Administration—Exclusive of Alaska;
General

top

§ 4100.0-1   Purpose.

top

The purpose is to provide uniform guidance for administration of
grazing on the public lands exclusive of Alaska.

[49 FR 6449, Feb. 21, 1984]

§ 4100.0-2   Objectives.

top

(a)The objectives of these regulations are to promote healthy
sustainable rangeland ecosystems; to accelerate restoration and
improvement of public rangelands to properly functioning conditions; to
promote the orderly use, improvement and development of the public lands;
to establish efficient and effective administration of grazing of public
rangelands; and to provide for the sustainability of the western livestock
industry and communities that are dependent upon productive, healthy
public rangelands.

(b) These objectives will be realized in a manner consistent with land
use plans, multiple use, sustained yield, environmental values, economic
and other objectives stated in the Taylor Grazing Act of June 28, 1934, as
amended (43 U.S.C. 315, 315a–315r); section 102 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701) and the Public Rangelands
Improvement Act of 1978 (43 U.S.C. 1901(b)(2)).

[60 FR 9960, Feb. 22, 1995, as amended at 71 FR 39503, July 12,
2006]

§ 4100.0-3   Authority.

top

(a) The Taylor Grazing Act of June 28, 1934 as amended (43 U.S.C. 315,
315a through 315r);

(b) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq. ) as amended by the Public Rangelands Improvement Act of
1978 (43 U.S.C. 1901 et seq. );

(c) Executive orders that transfer land acquired under the
Bankhead-Jones Farm Tenant Act of July 22, 1937, as amended (7 U.S.C.
1012), to the Secretary and authorize administration under the Taylor
Grazing Act.

(d) Section 4 of the Oregon and California Railroad Land Act of August
28, 1937 (43 U.S.C. 1181d);

(e) The Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et
seq. ); and

(f) Public land orders, Executive orders, and agreements that authorize
the Secretary to administer livestock grazing on specified lands under the
Taylor Grazing Act or other authority as specified.

[43 FR 29067, July 5, 1978, as amended at 49 FR 6449, Feb. 21, 1984; 49
FR 12704, Mar. 30, 1984; 50 FR 45827, Nov. 4, 1985; 61 FR 4227, Feb. 5,
1996; 71 FR 39503, July 12, 2006]

§ 4100.0-5   Definitions.

top

Whenever used in this part, unless the context otherwise requires, the
following definitions apply:

The Act means the Taylor Grazing Act of June 28, 1934, as
amended (43 U.S.C. 315, 315a–315r).

Active use means that portion of the grazing preference that
is:

(1) Available for livestock grazing use under a permit or lease based
on livestock carrying capacity and resource conditions in an allotment;
and

(2) Not in suspension.

Activity plan means a plan for managing a resource use or value
to achieve specific objectives. For example, an allotment management plan
is an activity plan for managing livestock grazing use to improve or
maintain rangeland conditions.

Actual use means where, how many, what kind or class of
livestock, and how long livestock graze on an allotment, or on a portion
or pasture of an allotment.

Actual use report means a report of the actual livestock grazing
use submitted by the permittee or lessee.

Affiliate means an entity or person that controls, is controlled
by, or is under common control with, an applicant, permittee or lessee.
The term “control” means having any relationship which gives an entity or
person authority directly or indirectly to determine the manner in which
an applicant, permittee or lessee conducts grazing operations.

Allotment means an area of land designated and managed for
grazing of livestock.

Allotment management plan (AMP) means a documented program
developed as an activity plan, consistent with the definition at 43 U.S.C.
1702(k), that focuses on, and contains the necessary instructions for, the
management of livestock grazing on specified public lands to meet resource
condition, sustained yield, multiple use, economic and other
objectives.

Animal unit month (AUM) means the amount of forage necessary for
the sustenance of one cow or its equivalent for a period of 1 month.

Annual rangelands means those designated areas in which
livestock forage production is primarily attributable to annual plants and
varies greatly from year to year.

Authorized officer means any person authorized by the Secretary
to administer regulations in this part.

Base property means: (1) Land that has the capability to produce
crops or forage that can be used to support authorized livestock for a
specified period of the year, or (2) water that is suitable for
consumption by livestock and is available and accessible, to the
authorized livestock when the public lands are used for livestock
grazing.

Cancelled or cancellation means a permanent termination of a
grazing permit or grazing lease and grazing preference, or free-use
grazing permit or other grazing authorization, in whole or in part.

Class of livestock means ages and/or sex groups of a kind of
livestock.

Consultation, cooperation, and coordination means interaction
for the purpose of obtaining advice, or exchanging opinions on issues,
plans, or management actions.

Control means being responsible for and providing care and
management of base property and/or livestock.

District means the specific area of public lands administered by
a District Manager or a Field Manager.

Ephemeral rangelands means areas of the Hot Desert Biome
(Region) that do not consistently produce enough forage to sustain a
livestock operation, but from time to time produce sufficient forage to
accommodate livestock grazing.

Grazing district means the specific area within which the public
lands are administered under section 3 of the Act. Public lands outside
grazing district boundaries are administered under section 15 of the
Act.

Grazing fee year means the year, used for billing purposes,
which begins on March 1, of a given year and ends on the last day of
February of the following year.

Grazing lease means a document that authorizes grazing use of
the public lands under Section 15 of the Act. A grazing lease specifies
grazing preference and the terms and conditions under which lessees make
grazing use during the term of the lease.

Grazing permit means a document that authorizes grazing use of
the public lands under Section 3 of the Act. A grazing permit specifies
grazing preference and the terms and conditions under which permittees
make grazing use during the term of the permit.

Grazing preference or preference means the total number
of animal unit months on public lands apportioned and attached to base
property owned or controlled by a permittee, lessee, or an applicant for a
permit or lease. Grazing preference includes active use and use held in
suspension. Grazing preference holders have a superior or priority
position against others for the purpose of receiving a grazing permit or
lease.

Interested public means an individual, group, or organization
that has:

(1)(i) Submitted a written request to BLM to be provided an opportunity
to be involved in the decisionmaking process as to a specific allotment,
and

(ii) Followed up that request by submitting written comment as to
management of a specific allotment, or otherwise participating in the
decisionmaking process as to a specific allotment, if BLM has provided
them an opportunity for comment or other participation; or

(2) Submitted written comments to the authorized officer regarding the
management of livestock grazing on a specific allotment.

Land use plan means a resource management plan, developed under
the provisions of 43 CFR part 1600, or a management framework plan. These
plans are developed through public participation in accordance with the
provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C
1701 et seq. ) and establish management direction for resource uses
of public lands.

Livestock or kind of livestock means species of domestic
livestock—cattle, sheep, horses, burros, and goats.

Livestock carrying capacity means the maximum stocking rate
possible without inducing damage to vegetation or related resources. It
may vary from year to year on the same area due to fluctuating forage
production.

Monitoring means the periodic observation and orderly collection
of data to evaluate:

(1) Effects of management actions; and

(2) Effectiveness of actions in meeting management objectives.

Preference means grazing preference (see definition of “grazing
preference”).

Public lands means any land and interest in land outside of
Alaska owned by the United States and administered by the Secretary of the
Interior through the Bureau of Land Management, except lands held for the
benefit of Indians.

Range improvement means an authorized physical modification or
treatment which is designed to improve production of forage; change
vegetation composition; control patterns of use; provide water; stabilize
soil and water conditions; restore, protect and improve the condition of
rangeland ecosystems to benefit livestock, wild horses and burros, and
fish and wildlife. The term includes, but is not limited to, structures,
treatment projects, and use of mechanical devices or modifications
achieved through mechanical means.

Rangeland studies means any study methods accepted by the
authorized officer for collecting data on actual use, utilization,
climatic conditions, other special events, and trend to determine if
management objectives are being met.

Secretary means the Secretary of the Interior or his authorized
officer.

Service area means the area that can be properly grazed by
livestock watering at a certain water.

State Director means the State Director, Bureau of Land
Management, or his or her authorized representative.

Supplemental feed means a feed which supplements the forage
available from the public lands and is provided to improve livestock
nutrition or rangeland management.

Suspension means the withholding from active use, through a
decision issued by the authorized officer or by agreement, of part or all
of the grazing preference specified in a grazing permit or lease.

Temporary nonuse means that portion of active use that the
authorized officer authorizes not to be used, in response to an
application made by the permittee or lessee.

Trend means the direction of change over time, either toward or
away from desired management objectives.

Unauthorized leasing and subleasing means—

(1) The lease or sublease of a Federal grazing permit or lease,
associated with the lease or sublease of base property, to another party
without a required transfer approved by the authorized officer;

(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; 71 FR 39503, July 12,
2006]

§ 4100.0-7   Cross reference.

top

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.

top

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.

top

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. The information is collected to enable the authorized
officer to determine whether to approve an application to utilize public
lands for grazing or other purposes.

[71 FR 39503, July 12, 2006]

Subpart 4110—Qualifications and Preference

top

§ 4110.1   Mandatory qualifications.

top

(a) Except as provided under §§4110.1–1, 4130.5, and 4130.6–3, to
qualify for 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 under §4130.1–1(b).

(c) 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; 71 FR 39503, July 12, 2006]

§ 4110.1-1   Acquired lands.

top

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.

top

§ 4110.2-1   Base property.

top

(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 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.

(d) 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.

(e) 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.

(f) 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; 71 FR 39503, July 12, 2006]

§ 4110.2-2   Specifying grazing
preference.

top

(a) All grazing permits and grazing leases will specify grazing
preference, except for permits and leases for designated ephemeral
rangelands, where BLM authorizes livestock use based upon forage
availability, or designated annual rangelands. Preference includes active
use and any suspended use. Active use is based on 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 grazing preference specified is attached to the base property
supporting the grazing permit or grazing lease.

(c) The animal unit months of grazing preference are 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.

[71 FR 39503, July 12, 2006]

§ 4110.2-3   Transfer of grazing
preference.

top

(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 §4130.2) with such modifications
as he may request which are approved by the authorized officer or with
such modifications as may be required by the authorized officer.

(4) The transferee shall file an application for a grazing permit or
lease to the extent of the transferred preference simultaneously with
filing a transfer application under paragraph (b) or (c) of this
section.

(b) If base property is sold or leased, the transferee shall within 90
days of the date of sale or lease file with BLM a properly executed
transfer application showing the base property and the grazing preference,
in animal unit months, attached to that base property.

(c) If a grazing preference is being transferred from one base property
to another base property, the transferor shall own or control the base
property from which the grazing preference is being transferred and file
with the authorized officer a properly completed transfer application for
approval. No transfer will be allowed without the written consent of the
owner(s), and any person or entity holding an encumbrance of the base
property from which the transfer is to be made.

(d) At the date of approval of a transfer, the existing grazing permit
or lease shall terminate automatically and without notice to the extent of
the transfer.

(e) If an unqualified transferee acquires rights in base property
through operation of law or testamentary disposition, such transfer will
not affect the grazing preference or any outstanding grazing permit or
lease, or preclude the issuance or renewal of a grazing permit or lease
based on such property for a period of 2 years after the transfer.
However, such a transferee shall qualify under paragraph (a) of this
section within the 2-year period or the grazing preference shall be
subject to cancellation. The authorized officer may grant extensions of
the 2-year period where there are delays solely attributable to probate
proceedings.

(f) Transfers shall be for a period of not less than 3 years unless a
shorter term is determined by the authorized officer to be consistent with
management and resource condition objectives.

(g) Failure of either the transferee or the transferor to comply with
the regulations of this section may result in rejection of the transfer
application or cancellation of grazing preference.

[43 FR 29067, July 5, 1978, as amended at 46 FR 5788, Jan. 19, 1981; 47
FR 41709, Sept. 21, 1982; 49 FR 6450, Feb. 21, 1984; 53 FR 10233, Mar. 29,
1988; 60 FR 9963, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39504,
July 12, 2006]

§ 4110.2-4   Allotments.

top

After consultation, cooperation, and coordination with the affected
grazing permittees or lessees and the state having lands or responsibility
for managing resources within the area, the authorized officer may
designate and adjust grazing allotment boundaries. The authorized officer
may combine or divide allotments, through an agreement or by decision,
when necessary for the proper and efficient management of public
rangelands.

[71 FR 39504, July 12, 2006]

§ 4110.3   Changes in grazing
preference.

top

(a) The authorized officer will periodically review the grazing
preference specified in a grazing permit or lease and make changes in the
grazing preference as needed to:

(1) Manage, maintain, or improve rangeland productivity;

(2) Assist in making progress toward restoring ecosystems to properly
functioning condition;

(3) Conform with land use plans or activity plans; or

(4) Comply with the provisions of subpart 4180 of this part.

(b) The authorized officer will support these changes by monitoring,
documented field observations, ecological site inventory, or other data
acceptable to the authorized officer.

(c) Before changing grazing preference, the authorized officer will
undertake the appropriate analysis as required by the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq. ).
Under NEPA, the authorized officer will analyze and, if appropriate,
document the relevant social, economic, and cultural effects of the
proposed action.

[71 FR 39504, July 12, 2006]

§ 4110.3-1   Increasing active use.

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When monitoring or documented field observations show that additional
forage is available for livestock grazing, either on a temporary or
sustained yield basis, BLM may apportion additional forage to qualified
applicants for livestock grazing use consistent with multiple-use
management objectives specified in the applicable land use plan.

(a) Additional forage temporarily available. When the authorized
officer determines that additional forage is temporarily available for
livestock, he may authorize its use on a nonrenewable basis under
§4130.6–2 in the following order:

(1) To permittees or lessees who have preference for grazing use in the
allotment where the forage is available, in proportion to their active
use; and

(2) To other qualified applicants under §4130.1–2.

(b) Additional forage available on a sustained yield basis. When
the authorized officer determines that additional forage is available for
livestock use on a sustained yield basis, he will apportion it in the
following manner:

(1) First, to remove all or a part of the suspension of preference of
permittees or lessees with permits or leases in the allotment where the
forage is available; and

(2) Second, if additional forage remains after ending all suspensions,
the authorized officer will consult, cooperate, and coordinate with the
affected permittees or lessees, the state having lands or responsibility
for managing resources within the area, the interested public, and
apportion it in the following order:

(i) Permittees or lessees in proportion to their contribution to
stewardship efforts that result in increased forage production;

(ii) Permittees or lessees in proportion to the amount of their grazing
preference; and

(iii) Other qualified applicants under §4130.1–2.

[71 FR 39504, July 12, 2006]

§ 4110.3-2   Decreasing active use.

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(a) The authorized officer may suspend active use in whole or in part
on a temporary basis due to reasons specified in §4110.3–3(b)(1), or to
facilitate installation, maintenance, or modification of range
improvements.

(b) When monitoring or documented field observations show grazing use
or patterns of use are not consistent with the provisions of subpart 4180
of this part, or grazing use is otherwise causing an unacceptable level or
pattern of utilization, or when use exceeds the livestock carrying
capacity as determined through monitoring, ecological site inventory, or
other acceptable methods, the authorized officer will reduce active use,
otherwise modify management practices, or both. To implement reductions
under this paragraph, BLM will suspend active use.

[71 FR 39504, July 12, 2006]

§ 4110.3-3   Implementing changes in active
use.

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(a)(1) After consultation, cooperation, and coordination with the
affected permittee or lessee and the state having lands or responsibility
for managing resources within the area, the authorized officer will
implement changes in active use through a documented agreement or by a
decision. The authorized officer will implement changes in active use in
excess of 10 percent over a 5-year period unless:

(i) After consultation with the affected permittees or lessees, an
agreement is reached to implement the increase or decrease in less than 5
years, or

(ii) The changes must be made before 5 years have passed in order to
comply with applicable law.

(2) Decisions implementing §4110.3–2 will be issued as proposed
decisions pursuant to §4160.1, except as provided in paragraph (b) of this
section.

(b)(1) After consultation with, or a reasonable attempt to consult
with, affected permittees or lessees and the state having lands or
responsibility for managing resources within the area, the authorized
officer will close allotments or portions of allotments to grazing by any
kind of livestock or modify authorized grazing use notwithstanding the
provisions of paragraph (a) of this section when the authorized officer
determines and documents that—

(i) The soil, vegetation, or other resources on the public lands
require immediate protection because of conditions such as drought, fire,
flood, or insect infestation; or

(ii) Continued grazing use poses an imminent likelihood of significant
resource damage.

(2) Notices of closure and decisions requiring modification of
authorized grazing use may be issued as final decisions effective upon
issuance or on the date specified in the decision. Such decisions will
remain in effect pending the decision on appeal unless the Office of
Hearings and Appeals grants a stay in accordance with §4.472 of this
title.

[71 FR 39504, July 12, 2006]

§ 4110.4   Changes in public land
acreage.

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§ 4110.4-1   Additional land acreage.

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When lands outside designated allotments become available for livestock
grazing under the administration of the Bureau of Land Management, the
forage available for livestock shall be made available to qualified
applicants at the discretion of the authorized officer. Grazing use shall
be apportioned under §4130.1–2 of this title.

[53 FR 10234, Mar. 29, 1988]

§ 4110.4-2   Decrease in land acreage.

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(a) Where there is a decrease in public land acreage available for
livestock grazing within an allotment:

(1) Grazing permits or leases may be cancelled or modified as
appropriate to reflect the changed area of use.

(2) Grazing preference may be canceled in whole or in part.
Cancellations determined by the authorized officer to be necessary to
protect the public lands will be apportioned by the authorized officer
based upon the level of available forage and the magnitude of the change
in public land acreage available, or as agreed to among the authorized
users and the authorized officer.

(b) When public lands are disposed of or devoted to a public purpose
which precludes livestock grazing, the permittees and lessees shall be
given 2 years' prior notification except in cases of emergency (national
defense requirements in time of war, natural disasters, national emergency
needs, etc.) before their grazing permit or grazing lease and grazing
preference may be canceled. A permittee or lessee may unconditionally
waive the 2-year prior notification. Such a waiver shall not prejudice the
permittee's or lessee's right to reasonable compensation for, but not to
exceed the fair market value of his or her interest in authorized
permanent range improvements located on these public lands (see
§4120.3–6).

[43 FR 29067, July 5, 1978, as amended at 49 FR 6451, Feb. 21, 1984; 49
FR 12704, Mar. 30, 1984; 54 FR 31485, July 28, 1989; 60 FR 9963, Feb. 22,
1995; 71 FR 39505, July 12, 2006]

§ 4110.5   Interest of Member of
Congress.

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Title 18 U.S.C. 431 through 433 (1970) generally prohibits a Member of
or Delegate to Congress from entering into any contract or agreement with
the United States. Title 41 U.S.C. 22 (1970) generally provides that in
every contract or agreement to be made or entered into, or accepted by or
on behalf of the United States, there shall be inserted an express
condition that no Member of or Delegate to Congress shall be admitted to
any share or part of such contract or agreement, or to any benefit to
arise thereupon. The provisions of these laws are incorporated herein by
reference and apply to all permits, leases, and agreements issued under
these regulations.

[43 FR 29067, July 5, 1978. Redesignated at 49 FR 6451, Feb. 21,
1984]

Subpart 4120—Grazing Management

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§ 4120.1   [Reserved]

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§ 4120.2   Allotment management plans and resource
activity plans.

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Allotment management plans or other activity plans intended to serve as
the functional equivalent of allotment management plans may be developed
by permittees or lessees, other Federal or State resource management
agencies, interested citizens, and the Bureau of Land Management. When
such plans affecting the administration of grazing allotments are
developed, the following provisions apply:

(a) An allotment management plan or other activity plans intended to
serve as the functional equivalent of allotment management plans shall be
prepared in careful and considered consultation, cooperation, and
coordination with affected permittees or lessees, landowners involved, the
resource advisory council, any State having lands or responsible for
managing resources within the area to be covered by such a plan, and the
interested public. The plan shall become effective upon approval by the
authorized officer. The plans shall—

(1) Include terms and conditions under §§4130.3, 4130.3–1, 4130.3–2
4130.3–3, and subpart 4180 of this part;

(2) Prescribe the livestock grazing practices necessary to meet
specific resource objectives;

(3) Specify the limits of flexibility, to be determined and granted on
the basis of the operator's demonstrated stewardship, within which the
permittee(s) or lessee(s) may adjust operations without prior approval of
the authorized officer; and

(4) Provide for monitoring to evaluate the effectiveness of management
actions in achieving the specific resource objectives of the plan.

(b) Private and State lands may be included in allotment management
plans or other activity plans intended to serve as the functional
equivalent of allotment management plans dealing with rangeland management
with the consent or at the request of the parties who own or control those
lands.

(c) The authorized officer shall provide opportunity for public
participation in the planning and environmental analysis of proposed plans
affecting the administration of grazing and shall give public notice
concerning the availability of environmental documents prepared as a part
of the development of such plans, prior to implementing the plans. The
decision document following the environmental analysis will be issued in
accordance with §4160.1.

(d) A requirement to conform with completed allotment management plans
or other applicable activity plans intended to serve as the functional
equivalent of allotment management plans shall be incorporated into the
terms and conditions of the grazing permit or lease for the allotment.

(e) Allotment management plans or other applicable activity plans
intended to serve as the functional equivalent of allotment management
plans may be revised or terminated by the authorized officer after
consultation, cooperation, and coordination with the affected permittees
or lessees, landowners involved, the resource advisory council, any State
having lands or responsible for managing resources within the area to be
covered by the plan, and the interested public.

[60 FR 9964, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996; 71
FR 39505, July 12, 2006]

§ 4120.3   Range improvements.

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§ 4120.3-1   Conditions for range
improvements.

top

(a) Range improvements shall be installed, used, maintained, and/or
modified on the public lands, or removed from these lands, in a manner
consistent with multiple-use management.

(b) Prior to installing, using, maintaining, and/or modifying range
improvements on the public lands, permittees or lessees shall have entered
into a cooperative range improvement agreement with the Bureau of Land
Management or must have an approved range improvement permit.

(c) The authorized officer may require a permittee or lessee to
maintain and/or modify range improvements on the public lands under
§4130.3–2 of this title.

(d) The authorized officer may require a permittee or lessee to install
range improvements on the public lands in an allotment with two or more
permittees or lessees and/or to meet the terms and conditions of
agreement.

(e) A range improvement permit or cooperative range improvement
agreement does not convey to the permittee or cooperator any right, title,
or interest in any lands or resources held by the United States.

(f) The authorized officer will review proposed range improvement
projects as required by the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq. ). The decision document following the
environmental analysis shall be issued in accordance with §4160.1.

[49 FR 6452, Feb. 21, 1984, as amended at 60 FR 9964, Feb. 22, 1995; 61
FR 4227, Feb. 5, 1996; 71 FR 39505, July 12, 2006]

§ 4120.3-2   Cooperative range improvement
agreements.

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(a) The Bureau of Land Management may enter into a cooperative range
improvement agreement with a person, organization, or other government
entity for the installation, use, maintenance, and/or modification of
permanent range improvements or rangeland developments to achieve
management or resource condition objectives. The cooperative range
improvement agreement shall specify how the costs or labor, or both, shall
be divided between the United States and cooperator(s).

(b) Subject to valid existing rights, cooperators and the United States
will share title to permanent structural range improvements such as
fences, wells, and pipelines where authorization is granted after August
11, 2006 in proportion to their contribution to on-the-ground project
development and construction costs. The authorization for all new
permanent water developments, such as spring developments, wells,
reservoirs, stock tanks, and pipelines, shall be through cooperative range
improvement agreements. The authorized officer will document a permittee's
or lessee's interest in contributed funds, labor, and materials to ensure
proper credit for the purposes of §§4120.3–5 and 4120.3–6(c).

(c) The United States shall have title to nonstructural range
improvements such as seeding, spraying, and chaining.

(d) Range improvement work performed by a cooperator or permittee on
the public lands or lands administered by the Bureau of Land Management
does not confer the exclusive right to use the improvement or the land
affected by the range improvement work.

[60 FR 9964, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996; 71
FR 39505, July 12, 2006]

§ 4120.3-3   Range improvement permits.

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(a) Any permittee or lessee may apply for a range improvement permit to
install, use, maintain, and/or modify removable range improvements that
are needed to achieve management objectives for the allotment in which the
permit or lease is held. The permittee or lessee shall agree to provide
full funding for construction, installation, modification, or maintenance.
Such range improvement permits are issued at the discretion of the
authorized officer.

(b) The permittee or lessee may hold the title to authorized removable
range improvements used as livestock handling facilities such as corrals,
creep feeders, and loading chutes, and to temporary structural
improvements such as troughs for hauled water.

(c) If forage available for livestock is not or will not be used by the
preference permittee or lessee, BLM may issue nonrenewable grazing permits
or leases to other qualified applicants to use it under §§4130.6–2 and
4130.4(d), or §4110.3–1(a)(2). The term “forage available for livestock”
does not include temporary nonuse that BLM approves for reasons of natural
resource conservation, enhancement, or protection, or use suspended by BLM
under §4110.3–2(b). Before issuing a nonrenewable permit or lease, BLM
will consult, cooperate, and coordinate as provided in §4130.6–2. If BLM
issues such a nonrenewable permit or lease, the preference permittee or
lessee shall cooperate with the temporary authorized use of forage by
another operator.

(1) A permittee or lessee shall be reasonably compensated for the use
and maintenance of improvements and facilities by the operator who has an
authorization for temporary grazing use.

(2) The authorized officer may mediate disputes about reasonable
compensation and, following consultation with the interested parties, make
a determination concerning the fair and reasonable share of operation and
maintenance expenses and compensation for use of authorized improvements
and facilities.

(3) Where a settlement cannot be reached, the authorized officer shall
issue a temporary grazing authorization including appropriate terms and
conditions and the requirement to compensate the preference permittee or
lessee for the fair share of operation and maintenance as determined by
the authorized officer under subpart 4160 of this part.

[49 FR 6452, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at
60 FR 9964, Feb. 22, 1995; 71 FR 39505, July 12, 2006]

§ 4120.3-4   Standards, design and
stipulations.

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Range improvement permits and cooperative range improvement agreements
shall specify the standards, design, construction and maintenance criteria
for the range improvements and other additional conditions and
stipulations or modifications deemed necessary by the authorized
officer.

[49 FR 6452, Feb. 21, 1984, as amended at 61 FR 4227, Feb. 5,
1996]

§ 4120.3-5   Assignment of range
improvements.

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The authorized officer shall not approve the transfer of a grazing
preference under §4110.2–3 of this title or approve use by the transferee
of existing range improvements, unless the transferee has agreed to
compensate the transferor for his/her interest in the authorized
improvements within the allotment as of the date of the transfer.

[53 FR 10234, Mar. 29, 1988]

§ 4120.3-6   Removal and compensation for loss of
range improvements.

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(a) Range improvements shall not be removed from the public lands
without authorization.

(b) The authorized officer may require permittees or lessees to remove
range improvements which they own on the public lands if these
improvements are no longer helping to achieve land use plan or allotment
goals and objectives or if they fail to meet the criteria under §4120.3–4
of this title.

(c) Whenever a grazing permit or lease is cancelled in order to devote
the public lands covered by the permit or lease to another public purpose,
including disposal, the permittee or lessee shall receive from the United
States reasonable compensation for the adjusted value of their interest in
authorized permanent improvements placed or constructed by the permittee
or lessee on the public lands covered by the cancelled permit or lease.
The adjusted value is to be determined by the authorized officer.
Compensation shall not exceed the fair market value of the terminated
portion of the permittee's or lessee's interest therein. Where a range
improvement is authorized by a range improvement permit, the livestock
operator may elect to salvage materials and perform rehabilitation
measures rather than be compensated for the adjusted value.

(d) Permittees or lessees shall be allowed 180 days from the date of
cancellation of a range improvement permit or cooperative range
improvement agreement to salvage material owned by them and perform
rehabilitation measures necessitated by the removal.

[49 FR 6452, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at
61 FR 4227, Feb. 5, 1996]

§ 4120.3-7   Contributions.

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The authorized officer may accept contributions of labor, material,
equipment, or money for administration, protection, and improvement of the
public lands necessary to achieve the objectives of this part.

[49 FR 6452, Feb. 21, 1984]

§ 4120.3-8   Range improvement fund.

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(a) In addition to range developments accomplished through other
resource management funds, authorized range improvements may be secured
through the use of the appropriated range improvement fund. One-half of
the available funds shall be expended in the State and district from which
they were derived. The remaining one-half of the fund shall be allocated,
on a priority basis, by the Secretary for on-the-ground rehabilitation,
protection and improvement of public rangeland ecosystems.

(b) Funds appropriated for range improvements are to be used for
investment in all forms of improvements that benefit rangeland resources
including riparian area rehabilitation, improvement and protection, fish
and wildlife habitat improvement or protection, soil and water resource
improvement, wild horse and burro habitat management facilities,
vegetation improvement and management, and livestock grazing management.
The funds may be used for activities associated with on-the-ground
improvements including the planning, design, layout, contracting,
modification, maintenance for which the Bureau of Land Management is
responsible, and monitoring and evaluating the effectiveness of specific
range improvement projects.

(c) During the planning of the range development or range improvement
programs, the authorized officer shall consult the resource advisory
council, affected permittees, lessees, and members of the interested
public.

[60 FR 9965, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996; 71
FR 39505, July 12, 2006]

§ 4120.3-9   Water rights for the purpose of
livestock grazing on public lands.

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Any right that the United States acquires to use water on public land
for the purpose of livestock watering on public land will be acquired,
perfected, maintained, and administered under the substantive and
procedural laws of the state within which such land is located.

[71 FR 39505, July 12, 2006]

§ 4120.4   Special rules.

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(a) When a State Director determines that local conditions require a
special rule to achieve improved administration consistent with the
objectives of this part, the Director may approve such rules. The rules
shall be subject to public review and comment, as appropriate, and upon
approval, shall become effective when published in theFederal
Registeras final rules. Special rules shall be published in a local
newspaper.

(b) Where the Bureau of Land Management administers the grazing use of
other Federal Agency lands, the terms of an appropriate Memorandum of
Understanding or Cooperative Agreement shall apply.

[49 FR 6452, Feb. 21, 1984]

§ 4120.5   Cooperation.

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§ 4120.5-1   Cooperation in management.

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The authorized officer shall, to the extent appropriate, cooperate with
Federal, State, Indian tribal and local governmental entities,
institutions, organizations, corporations, associations, and individuals
to achieve the objectives of this part.

[60 FR 9965, Feb. 22, 1995]

§ 4120.5-2   Cooperation with Tribal, state,
county, and Federal agencies.

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Insofar as the programs and responsibilities of other agencies and
units of government involve grazing upon the public lands and other lands
administered by the Bureau of Land Management, or the livestock which
graze thereon, the Bureau of Land Management will cooperate, to the extent
consistent with applicable laws of the United States, with the involved
agencies and government entities. The authorized officer will cooperate
with Tribal, state, county, and Federal agencies in the administration of
laws and regulations relating to livestock, livestock diseases,
sanitation, and noxious weeds, including—

(a) State cattle and sheep sanitary or brand boards in control of stray
and unbranded livestock, to the extent such cooperation does not conflict
with the Wild Free-Roaming Horse and Burro Act of 1971 (16 U.S.C. 1331 et
seq.);

(b) County or other local weed control districts in analyzing noxious
weed problems and developing control programs for areas of the public
lands and other lands administered by the Bureau of Land Management;
and

(c) Tribal, state, county, or local government-established grazing
boards in reviewing range improvements and allotment management plans on
public lands.

[60 FR 9965, Feb. 22, 1995, as amended at 71 FR 39505, July 12,
2006]

Subpart 4130—Authorizing Grazing Use

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§ 4130.1   Applications.

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§ 4130.1-1   Filing applications.

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(a) Applications for grazing permits or leases (active use and nonuse),
free-use grazing permits and other grazing authorizations shall be filed
with the authorized officer at the local Bureau of Land Management office
having jurisdiction over the public lands involved.

(b) The authorized officer will determine whether applicants for the
renewal of permits and leases or issuance of permits and leases that
authorize use of new or transferred preference, and any affiliates, have a
satisfactory record of performance. The authorized officer will not renew
or issue a permit or lease unless the applicant and all affiliates have a
satisfactory record of performance.

(1) Renewal of permit or lease. (i) The authorized officer will
deem the applicant for renewal of a grazing permit or lease, and any
affiliate, 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 or transfer of grazing preference. The
authorized officer will deem applicants for new permits or leases or
transfer of grazing preference, including permits or leases that arise
from transfer of preference, and any affiliates, to have a record of
satisfactory performance when—

(i) The applicant or affiliate has not had any Federal grazing permit
or lease canceled, in whole or in part, for violation of the permit or
lease within the 36 calendar months immediately preceding the date of
application; and

(ii) The applicant or affiliate has not had any state grazing permit or
lease, for lands within the grazing allotment for which a Federal permit
or lease is sought, canceled, in whole or in part, for violation of the
permit or lease within the 36 calendar months immediately preceding the
date of application; and

(iii) A court of competent jurisdiction has not barred the applicant or
affiliate from holding a Federal grazing permit or lease.

(c) In determining whether affiliation exists, the authorized officer
will consider all appropriate factors, including, but not limited to,
common ownership, common management, identity of interests among family
members, and contractual relationships.

[71 FR 39505, July 12, 2006]

§ 4130.1-2   Conflicting applications.

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When more than one qualified applicant applies for livestock grazing
use of the same public lands and/or where additional forage for livestock
or additional acreage becomes available, the authorized officer may
authorize grazing use of such land or forage on the basis of §4110.3–1 of
this title or on the basis of any of the following factors:

(a) Historical use of the public lands (see §4130.2(e));

(b) Proper use of rangeland resources;

(c) General needs of the applicant's livestock operations;

(d) Public ingress or egress across privately owned or controlled land
to public lands;

(e) Topography;

(f) Other land use requirements unique to the situation.

(g) Demonstrated stewardship by the applicant to improve or maintain
and protect the rangeland ecosystem; and

(h) The applicant's and affiliate's history of compliance with the
terms and conditions of grazing permits and leases of the Bureau of Land
Management and any other Federal or State agency, including any record of
suspensions or cancellations of grazing use for violations of terms and
conditions of agency grazing rules.

[49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at
53 FR 10234, Mar. 29, 1988; 60 FR 9965, Feb. 22, 1995; 61 FR 4227, Feb. 5,
1996]

§ 4130.2   Grazing permits or leases.

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(a) Grazing permits and leases authorize use on the public lands and
other BLM-administered lands that are designated in land use plans as
available for livestock grazing. Permits and leases will specify the
grazing preference, including active and suspended use. These grazing
permits and leases will also specify terms and conditions pursuant to
§§4130.3, 4130.3–1, and 4130.3–2.

(b) The authorized officer will consult, cooperate, and coordinate with
affected permittees and lessees, and the state having lands or
responsibility for managing resources within the area, before issuing or
renewing grazing permits and leases.

(c) Grazing permits or leases convey no right, title, or interest held
by the United States in any lands or resources.

(d) The term of grazing permits or leases authorizing livestock grazing
on the public lands and other lands under the administration of the Bureau
of Land Management shall be 10 years unless—

(1) The land is being considered for disposal;

(2) The land will be devoted to a public purpose which precludes
grazing prior to the end of 10 years;

(3) The term of the base property lease is less than 10 years, in which
case the term of the Federal permit or lease shall coincide with the term
of the base property lease; or

(4) The authorized officer determines that a permit or lease for less
than 10 years is in the best interest of sound land management.

(e) Permittees or lessees holding expiring grazing permits or leases
shall be given first priority for new permits or leases if:

(1) The lands for which the permit or lease is issued remain available
for domestic livestock grazing;

(2) The permittee or lessee is in compliance with the rules and
regulations and the terms and conditions in the permit or lease; and

(3) The permittee or lessee accepts the terms and conditions to be
included by the authorized officer in the new permit or lease.

(f) A permit or lease is not valid unless both BLM and the permittee or
lessee have signed it.

(g) Permits or leases may incorporate the percentage of public land
livestock use (see §4130.3–2(g)) or may include private land offered under
exchange-of-use grazing agreements (see §4130.6–1).

(h) Provisions explaining how grazing permits or authorizations may be
granted for grazing use on state, county or private land leased by the
Bureau of Land Management under “The Pierce Act” and located within
grazing districts are explained in 43 CFR part 4600.

[43 FR 29067, July 5, 1978, as amended at 47 FR 41711, Sept. 21, 1982;
49 FR 6453, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984; 53 FR 10234, Mar.
29, 1988; 53 FR 22326, June 15, 1988; 60 FR 9965, Feb. 22, 1995; 61 FR
29031, June 7, 1996; 61 FR 4227, Feb. 5, 1996; 71 FR 39506, July 12,
2006]

§ 4130.3   Terms and conditions.

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(a) Livestock grazing permits and leases shall contain terms and
conditions determined by the authorized officer to be appropriate to
achieve management and resource condition objectives for the public lands
and other lands administered by the Bureau of Land Management, and to
ensure conformance with the provisions of subpart 4180 of this part.

(b) Upon a BLM offer of a permit or lease, the permit or lease terms
and conditions may be protested and appealed under part 4 and subpart 4160
of this part.

(c) If any term or condition of a BLM-offered permit or lease is stayed
pending appeal, BLM will authorize grazing use as provided in §4160.4 with
respect to the stayed term or condition.

[60 FR 9966, Feb. 22, 1995, as amended at 71 FR 39506, July 12,
2006]

§ 4130.3-1   Mandatory terms and
conditions.

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(a) The authorized officer shall specify the kind and number of
livestock, the period(s) of use, the allotment(s) to be used, and the
amount of use, in animal unit months, for every grazing permit or lease.
The authorized livestock grazing use shall not exceed the livestock
carrying capacity of the allotment.

(b) All permits and leases shall be made subject to cancellation,
suspension, or modification for any violation of these regulations or of
any term or condition of the permit or lease.

(c) Permits and leases shall incorporate terms and conditions that
ensure conformance with subpart 4180 of this part.

[49 FR 6453, Feb. 21, 1984, as amended at 53 FR 10234, Mar. 29, 1988.
Redesignated at 60 FR 9965, Feb. 22, 1995, and amended at 60 FR 9966, Feb.
22, 1995]

§ 4130.3-2   Other terms and
conditions.

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The authorized officer may specify in grazing permits or leases other
terms and conditions which will assist in achieving management objectives,
provide for proper range management or assist in the orderly
administration of the public rangelands. These may include but are not
limited to:

(a) The class of livestock that will graze on an allotment;

(b) The breed of livestock in allotments within which two or more
permittees or lessees are authorized to graze;

(c) Authorization to use, and directions for placement of supplemental
feed, including salt, for improved livestock and rangeland management on
the public lands;

(d) A requirement that permittees or lessees operating under a grazing
permit or lease submit within 15 days after completing their annual
grazing use, or as otherwise specified in the permit or lease, the actual
use made;

(e) The kinds of indigenous animals authorized to graze under specific
terms and conditions;

(f) Provision for livestock grazing temporarily to be delayed,
discontinued or modified to allow for the reproduction, establishment, or
restoration of vigor of plants, provide for the improvement of riparian
areas to achieve proper functioning condition or for the protection of
other rangeland resources and values consistent with objectives of
applicable land use plans, or to prevent compaction of wet soils, such as
where delay of spring turnout is required because of weather conditions or
lack of plant growth;

(g) The percentage of public land use determined by the proportion of
livestock forage available on public lands within the allotment compared
to the total amount available from both public lands and those owned or
controlled by the permittee or lessee; and

(h) A statement disclosing the requirement that permittees or lessees
shall provide reasonable administrative access across private and leased
lands to the Bureau of Land Management for the orderly management and
protection of the public lands.

[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]

§ 4130.3-3   Modification of permits or
leases.

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(a) Following consultation, cooperation, and coordination with the
affected lessees or permittees and the state having lands or
responsibility for managing resources within the area, the authorized
officer may modify terms and conditions of the permit or lease when the
active use or related management practices:

(1) Do not meet management objectives specified in:

(i) The land use plan;

(ii) The pertinent allotment management plan or other activity plan;
or

(iii) An applicable decision issued under §4160.3; or

(2) Do not conform to the provisions of subpart 4180 of this part.

(b) To the extent practical, during the preparation of reports that
evaluate monitoring and other data that the authorized officer uses as a
basis for making decisions to increase or decrease grazing use, or
otherwise to change the terms and conditions of a permit or lease, the
authorized officer will provide the following with an opportunity to
review and offer input:

(1) Affected permittees or lessees;

(2) States having lands or responsibility for managing resources within
the affected area; and

(3) The interested public.

[71 FR 39506, July 12, 2006]

§ 4130.4   Authorization of temporary changes in
grazing use within the terms and conditions of permits and leases,
including temporary nonuse.

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(a) The authorized officer may authorize temporary changes in grazing
use within the terms and conditions of the permit or lease.

(b) For the purposes of this subpart, “temporary changes in grazing use
within the terms and conditions of the permit or lease” means temporary
changes in livestock number, period of use, or both, that would:

(1) Result in temporary nonuse; or

(2) Result in forage removal that—

(i) Does not exceed the amount of active use specified in the permit or
lease; and

(ii) Occurs either not earlier than 14 days before the begin date
specified on the permit or lease, and not later than 14 days after the end
date specified on the permit or lease, unless otherwise specified in the
appropriate allotment management plan under §4120.2(a)(3); or

(3) Result in both temporary nonuse under paragraph (b)(1) of this
section and forage removal under paragraph (b)(2) of this section.

(c) The authorized officer will consult, cooperate, and coordinate with
the permittees or lessees regarding their applications for changes within
the terms and conditions of their permit or lease.

(d) Permittees and lessees must apply if they wish—

(1) Not to use all or a part of their active use by applying for
temporary nonuse under paragraph (e) of this section;

(2) To use forage previously authorized as temporary nonuse; or

(3) To use forage that is temporarily available on designated ephemeral
or annual ranges.

(e)(1) Temporary nonuse is authorized—

(i) Only if the authorized officer approves in advance; and

(ii) For no longer than one year at a time.

(2) Permittees or lessees applying for temporary nonuse use must state
on their application the reasons supporting nonuse. The authorized officer
may authorize nonuse to provide for:

(i) Natural resource conservation, enhancement, or protection,
including more rapid progress toward meeting resource condition objectives
or attainment of rangeland health standards; or

(ii) The business or personal needs of the permittee or lessee.

(f) Under §4130.6–2, the authorized officer may authorize qualified
applicants to graze forage made available as a result of temporary nonuse
approved for the reasons described in paragraph (e)(2)(ii) of this
section. The authorized officer will not authorize anyone to graze forage
made available as a result of temporary nonuse approved under paragraph
(e)(2)(i) of this section.

(g) Permittees or lessees who wish to obtain temporary changes in
grazing use within the terms and conditions of their permit or lease must
file an application in writing with BLM on or before the date they wish
the change in grazing use to begin. The authorized officer will assess a
service charge under §4130.8–3 to process applications for changes in
grazing use that require the issuance of a replacement or supplemental
billing notice.

[71 FR 39506, July 12, 2006]

§ 4130.5   Free-use grazing permits.

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(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 grazing 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; 71 FR 39507, July 12, 2006]

§ 4130.6   Other grazing
authorizations.

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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.

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(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 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.

top

(a) Nonrenewable grazing permits or leases may be issued on an annual
basis, as provided in §4110.3–1(a), 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, and the state having lands
or responsibility for managing resources within the area, before issuing
nonrenewable grazing permits and leases.

(b) Notwithstanding the provisions of §4.21(a)(1) of this title, when
BLM determines that it is necessary for orderly administration of the
public lands, the authorized officer may make a decision that issues a
nonrenewable grazing permit or lease, or that affects an application for
grazing use on annual or designated ephemeral rangelands, effective
immediately or on a date established in the decision.

[71 FR 39507, July 12, 2006]

§ 4130.6-3   Crossing permits.

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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.

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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.

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(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 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.

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§ 4130.8-1   Payment of fees.

top

(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 = 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 will be charged for
each animal unit month of 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:

(1) Over the age of 6 months at the time of entering the public lands
or other lands administered by BLM;

(2) Weaned regardless of age; or

(3) Becoming 12 months of age during the authorized period of use.

(d) BLM will not charge grazing fees for animals that are less than 6
months of age at the time of entering BLM-administered lands, provided
that they are the progeny of animals upon which fees are paid, and they
will not become 12 months of age during the authorized period of use.

(e) In calculating the billing, the authorized officer will prorate the
grazing fee on a daily basis and will round charges to reflect the nearest
whole number of animal unit months.

(f) A surcharge shall be added to the grazing fee billings for
authorized grazing of livestock owned by persons other than the permittee
or lessee except where such use is made by livestock owned by sons and
daughters of permittees and lessees as provided in §4130.7(f). The
surcharge shall be over and above any other fees that may be charged for
using public land forage. Surcharges shall be paid prior to grazing use.
The surcharge for authorized pasturing of livestock owned by persons other
than the permittee or lessee will be equal to 35 percent of the difference
between the current year's Federal grazing fee and the prior year's
private grazing land lease rate per animal unit month for the appropriate
State as determined by the National Agricultural Statistics Service.

(g) Fees are due on due date specified on the grazing fee bill. Payment
will be made prior to grazing use. Grazing use that occurs prior to
payment of a bill, except where specified in an allotment management plan,
is unauthorized and may be dealt with under subparts 4150 and 4170 of this
part. If allotment management plans provide for billing after the grazing
season, fees will be based on actual grazing use and will be due upon
issuance. Repeated delays in payment of actual use billings or
noncompliance with the terms and conditions of the allotment management
plan and permit or lease shall be cause to revoke provisions for
after-the-grazing-season billing.

(h) Failure to pay the grazing bill within 15 days of the due date
specified in the bill shall result in a late fee assessment of $25.00 or
10 percent of the grazing bill, whichever is greater, but not to exceed
$250.00. Payment made later than 15 days after the due date, shall include
the appropriate late fee assessment. Failure to make payment within 30
days after the due date is a violation of §4140.1(b)(1) and may result in
action by the authorized officer under §4150.1 and subpart 4160 of this
part.

[49 FR 6454, Feb. 21, 1984, as amended at 53 FR 2993, Feb. 2, 1988; 53
FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988. Redesignated at 60 FR
9965, Feb. 22, 1995, and amended at 60 FR 9967, Feb. 22, 1995; 61 FR 4227,
Feb. 5, 1996; 71 FR 39507, July 12, 2006]

§ 4130.8-2   Refunds.

top

(a) Grazing fees may be refunded where applications for change in
grazing use and related refund are filed prior to the period of use for
which the refund is requested.

(b) No refunds shall be made for failure to make grazing use, except
during periods of range depletion due to drought, fire, or other natural
causes, or in case of a general spread of disease among the livestock that
occurs during the term of a permit or lease. During these periods of range
depletion the authorized officer may credit or refund fees in whole or in
part, or postpone fee payment for as long as the emergency exists.

[49 FR 6454, Feb. 21, 1984; 49 FR 12705, Mar. 30, 1984. Redesignated at
60 FR 9965, Feb. 22, 1995]

§ 4130.8-3   Service charge.

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(a) Under section 304(a) of the Federal Land Policy and Management Act
of 1976, BLM may establish reasonable charges for various services such as
application processing. BLM may adjust these charges periodically to
account for cost changes. BLM will inform the public of any changes by
publishing a notice in theFederal Register.

(b) The following table of service charges is applicable until changed
through aFederal Registernotice as provided in paragraph (a)
of this section. Except when the action is initiated by BLM, the
authorized officer will assess the following service charges:

Action

Service
charge

Issue crossing permit

$75

Transfer grazing
preference

145

Cancel and replace or
supplement a grazing fee billing

50

[71 FR 39507, July 12, 2006]

§ 4130.9   Pledge of permits or leases as security
for loans.

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Grazing permits or leases that have been pledged as security for loans
from lending agencies shall be renewed by the authorized officer under the
provisions of these regulations for a period of not to exceed 10 years if
the loan is for the purpose of furthering the permittee's or lessee's
livestock operation, Provided, That the permittee or lessee has
complied with the rules and regulations of this part and that such renewal
will be in accordance with other applicable laws and regulations. While
grazing permits or leases may be pledged as security for loans from
lending agencies, this does not exempt these permits or leases from the
provisions of these regulations.

[43 FR 29067, July 5, 1978. Redesignated at 49 FR 6454, Feb. 21, 1984.
Further redesignated at 60 FR 9965, Feb. 22, 1995]

Subpart 4140—Prohibited Acts

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§ 4140.1   Acts prohibited on public
lands.

top

(a) Grazing permittees or lessees performing the following prohibited
acts may be subject to civil penalties under §4170.1:

(1) Violating special terms and conditions incorporated in permits or
leases;

(2) Failing to make substantial grazing use as authorized by a permit
or lease for 2 consecutive fee years. This does not include approved
temporary nonuse or use temporarily suspended by the authorized
officer;

(3) Placing supplemental feed on these lands without authorization, or
contrary to the terms and conditions of the permit or lease;

(4) Failing to comply with the terms, conditions, and stipulations of
cooperative range improvement agreements or range improvement permits;

(5) Refusing to install, maintain, modify, or remove range improvements
when so directed by the authorized officer.

(6) Unauthorized leasing or subleasing as defined in this part.

(b) Persons performing the following prohibited acts on
BLM-administered lands are subject to civil and criminal penalties set
forth at §§4170.1 and 4170.2:

(1) Allowing livestock or other privately owned or controlled animals
to graze on or be driven across these lands:

(i) Without a permit or lease or other grazing use authorization (see
§4130.6) and timely payment of grazing fees;

(ii) In violation of the terms and conditions of a permit, lease, or
other grazing use authorization including, but not limited to, livestock
in excess of the number authorized;

(iii) In an area or at a time different from that authorized; or

(iv) Failing to comply with a requirement under §4130.7(c) of this
title.

(2) Installing, using, maintaining, modifying, and/or removing range
improvements without authorization;

(3) Cutting, burning, spraying, destroying, or removing vegetation
without authorization;

(4) Damaging or removing U.S. property without authorization;

(5) Molesting, harassing, injuring, poisoning, or causing death of
livestock authorized to graze on these lands and removing authorized
livestock without the owner's consent;

(6) Littering;

(7) Interfering with lawful uses or users including obstructing free
transit through or over public lands by force, threat, intimidation,
signs, barrier or locked gates;

(8) Knowingly or willfully making a false statement or representation
in base property certifications, grazing applications, range improvement
permit applications, cooperative range improvement agreements, actual use
reports and/or amendments thereto;

(9) Failing to pay any fee required by the authorized officer pursuant
to this part, or making payment for grazing use of public lands with
insufficiently funded checks on a repeated and willful basis;

(10) Failing to reclaim and repair any lands, property, or resources
when required by the authorized officer;

(11) Failing to reclose any gate or other entry during periods of
livestock use.

(c)(1) A grazing permittee or lessee performing any of the prohibited
acts listed in paragraphs (c)(2) or (c)(3) of this section on an allotment
where he is authorized to graze under a BLM permit or lease may be subject
to the civil penalties set forth at §4170.1–1, if:

(i) The permittee or lessee performs the prohibited act while engaged
in activities related to grazing use authorized by his permit or
lease;

(ii) The permittee or lessee has been convicted or otherwise found to
be in violation of any of these laws or regulations by a court or by final
determination of an agency charged with the administration of these laws
or regulations; and

(iii) No further appeals are outstanding.

(2) Violation of Federal or state laws or regulations pertaining to
the:

(i) Placement of poisonous bait or hazardous devices designed for the
destruction of wildlife;

(ii) Application or storage of pesticides, herbicides, or other
hazardous materials;

(iii) Alteration or destruction of natural stream courses without
authorization;

(iv) Pollution of water sources;

(v) Illegal take, destruction, or harassment, or aiding and abetting in
the illegal take, destruction, or harassment of fish and wildlife
resources; and

(vi) Illegal removal or destruction of archaeological or cultural
resources.

(3)(i) Violation of the Bald and Golden Eagle Protection Act (16 U.S.C.
668 et seq. ), ESA (16 U.S.C. 1531 et seq. ), or any
provision of part 4700 of this chapter concerning the protection and
management of wild free-roaming horses and burros; or

(ii) Violation of State livestock laws or regulations relating to the
branding of livestock; breed, grade, and number of bulls; health and
sanitation requirements; and violating State, county, or local laws
regarding the straying of livestock from permitted public land grazing
areas onto areas that have been formally closed to open range grazing.

[43 FR 29067, July 5, 1978, as amended at 46 FR 5790, Jan. 19, 1981; 47
FR 41712, Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984; 50 FR 45827, Nov. 4,
1985; 53 FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988; 60 FR 9968,
Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39507, July 12, 2006]

Subpart 4150—Unauthorized Grazing Use

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§ 4150.1   Violations.

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Violation of §4140.1(b)(1) constitutes unauthorized grazing use.

(a) The authorized officer shall determine whether a violation is
nonwillful, willful, or repeated willful.

(b) Violators shall be liable in damages to the United States for the
forage consumed by their livestock, for injury to Federal property caused
by their unauthorized grazing use, and for expenses incurred in
impoundment and disposal of their livestock, and may be subject to civil
penalties or criminal sanction for such unlawful acts.

[43 FR 29067, July 5, 1978, as amended at 47 FR 41712, Sept. 21, 1982;
60 FR 9968, Feb. 22, 1995]

§ 4150.2   Notice and order to remove.

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(a) Whenever it appears that a violation exists and the owner of the
unauthorized livestock is known, written notice of unauthorized use and
order to remove livestock by a specified date shall be served upon the
alleged violator or the agent of record, or both, by certified mail or
personal delivery. The written notice shall also allow a specified time
from receipt of notice for the alleged violator to show that there has
been no violation or to make settlement under §4150.3.

(b) Whenever a violation has been determined to be nonwillful and
incidental, the authorized officer shall notify the alleged violator that
the violation must be corrected, and how it can be settled, based upon the
discretion of the authorized officer.

(c) When neither the owner of the unauthorized livestock nor his agent
is known, the authorized officer may proceed to impound the livestock
under §4150.4.

(d) The authorized officer may temporarily close areas to grazing by
specified kinds or class of livestock for a period not to exceed 12 months
when necessary to abate unauthorized grazing use. Such notices of closure
may be issued as final decisions effective upon issuance or on the date
specified in the decision and shall remain in effect pending the decision
on appeal unless a stay is granted by the Office of Hearings and Appeals
in accordance with 43 CFR 4.472(d).

[43 FR 29067, July 5, 1978, as amended at 47 FR 41712, Sept. 21, 1982;
49 FR 6454, Feb. 21, 1984; 60 FR 9968, Feb. 22, 1995; 71 FR 39507, July
12, 2006]

§ 4150.3   Settlement.

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Where violations are repeated willful, the authorized officer shall
take action under §4170.1–1(b) of this title. The amount due for
settlement shall include the value of forage consumed as determined in
accordance with paragraph (a), (b), or (c) of this section. Settlement for
willful and repeated willful violations shall also include the full value
for all damages to the public lands and other property of the United
States; and all reasonable expenses incurred by the United States in
detecting, investigating, resolving violations, and livestock impoundment
costs.

(a) For nonwillful violations: The value of forage consumed as
determined by the average monthly rate per AUM for pasturing livestock on
privately owned land (excluding irrigated land) in each State as published
annually by the Department of Agriculture. The authorized officer may
approve nonmonetary settlement of unauthorized use only when the
authorized officer determines that each of the following conditions is
satisfied:

(1) Evidence shows that the unauthorized use occurred through no fault
of the livestock operator;

(2) The forage use is insignificant;

(3) The public lands have not been damaged; and

(4) Nonmonetary settlement is in the best interest of the United
States.

(b) For willful violations: Twice the value of forage consumed as
determined in paragraph (a) of this section.

(c) For repeated willful violations: Three times the value of the
forage consumed as determined in paragraph (a) of this section.

(d) Payment made under this section does not relieve the alleged
violator of any criminal liability under Federal or State law.

(e) Violators shall not be authorized to make grazing use on the public
lands administered by the Bureau of Land Management until any amount found
to be due the United States under this section has been paid. The
authorized officer may take action under subpart 4160 of this part to
cancel or suspend grazing authorizations or to deny approval of
applications for grazing use until such amounts have been paid.

(f) Upon a stay of a decision issued under paragraph (e) of this
section, the authorized officer will allow a permittee or lessee to graze
in accordance with this part 4100 pending completion of the administrative
appeal process.

[49 FR 6454, Feb. 21, 1984, as amended at 53 FR 10235, Mar. 29, 1988;
60 FR 9968, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39508, July 12,
2006]

§ 4150.4   Impoundment and disposal.

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Unauthorized livestock remaining on the public lands or other lands
under Bureau of Land Management control, or both, after the date set forth
in the notice and order to remove sent under §4150.2 may be impounded and
disposed of by the authorized officer as provided herein.

[43 FR 29067, July 5, 1978. Redesignated at 47 FR 41712, Sept. 21,
1982]

§ 4150.4-1   Notice of intent to
impound.

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(a) A written notice of intent to impound shall be sent by certified
mail or personally delivered to the owner or his agent, or both. The
written notice shall indicate that unauthorized livestock on the specified
public lands or other lands under Bureau of Land Management control, or
both, may be impounded any time after 5 days from delivery of the
notice.

(b) Where the owner and his agent are unknown, or where both a known
owner and his agent refuses to accept delivery, a notice of intent to
impound shall be published in a local newspaper and posted at the county
courthouse and a post office near the public land involved. The notice
shall indicate that unauthorized livestock on the specified public lands
or other lands under Bureau of Land Management control, or both, may be
impounded any time after 5 days from publishing and posting the
notice.

[43 FR 29067, July 5, 1978. Redesignated and amended at 47 FR 41712,
Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984]

§ 4150.4-2   Impoundment.

top

After 5 days from delivery of the notice under §4150.4–1(a) of this
title or any time after 5 days from publishing and posting the notice
under §4150.4–1(b) of this title, unauthorized livestock may be impounded
without further notice any time within the 12-month period following the
effective date of the notice.

[47 FR 41712, Sept. 21, 1982, as amended at 49 FR 6454, Feb. 21, 1984;
49 FR 12705, Mar. 30, 1984]

§ 4150.4-3   Notice of public sale.

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Following the impoundment of livestock under this subpart the livestock
may be disposed of by the authorized officer under these regulations or,
if a suitable agreement is in effect, they may be turned over to the State
for disposal. Any known owners or agents, or both, shall be notified in
writing by certified mail or by personal delivery of the sale and the
procedure by which the impounded livestock may be redeemed prior to the
sale.

[43 FR 29067, July 5, 1982. Redesignated and amended at 47 FR 41712,
Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984]

§ 4150.4-4   Redemption.

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Any owner or his agent, or both, or lien-holder of record of the
impounded livestock may redeem them under these regulations or, if a
suitable agreement is in effect, in accordance with State law, prior to
the time of sale upon settlement with the United States under §4150.3 or
adequate showing that there has been no violation.

[43 FR 29067, July 5, 1978. Redesignated at 47 FR 41712, Sept. 21,
1982]

§ 4150.4-5   Sale.

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If the livestock are not redeemed on or before the date and time fixed
for their sale, they shall be offered at public sale to the highest bidder
by the authorized officer under these regulations or, if a suitable
agreement is in effect, by the State. If a satisfactory bid is not
received, the livestock may be reoffered for sale, condemned and destroyed
or otherwise disposed of under these regulations, or if a suitable
agreement is in effect, in accordance with State Law.

[43 FR 29067, July 5, 1978. Redesignated and amended at 47 FR 41712,
Sept. 21, 1982]

Subpart 4160—Administrative Remedies

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§ 4160.1   Proposed decisions.

top

(a) Proposed decisions shall be served on any affected applicant,
permittee or lessee, and any agent and lien holder of record, who is
affected by the proposed actions, terms or conditions, or modifications
relating to applications, permits and agreements (including range
improvement permits) or leases, by certified mail or personal delivery.
Copies of proposed decisions shall also be sent to the interested
public.

(b) Proposed decisions shall state the reasons for the action and shall
reference the pertinent terms, conditions and the provisions of applicable
regulations. As appropriate, decisions shall state the alleged violations
of specific terms and conditions and provisions of these regulations
alleged to have been violated, and shall state the amount due under
§§4130.8 and 4150.3 and the action to be taken under §4170.1.

(c) The authorized officer may elect not to issue a proposed decision
prior to a final decision where the authorized officer has made a
determination in accordance with §§4110.3–3(b), 4130.6–2(b), 4150.2(d), or
4190.1(a).

(d) A biological assessment or biological evaluation prepared by BLM
for purposes of an ESA consultation or conference is not a proposed or
final decision for purposes of protest or appeal.

[60 FR 9968, Feb. 22, 1995, as amended at 71 FR 39508, July 12,
2006]

§ 4160.2   Protests.

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Any applicant, permittee, lessee or other interested public may protest
the proposed decision under §4160.1 of this title in person or in writing
to the authorized officer within 15 days after receipt of such
decision.

[47 FR 41713, Sept. 21, 1982, as amended at 49 FR 6455, Feb. 21, 1984;
61 FR 4227, Feb. 5, 1996]

§ 4160.3   Final decisions.

top

(a) In the absence of a protest, the proposed decision will become the
final decision of the authorized officer without further notice unless
otherwise provided in the proposed decision.

(b) Upon the timely filing of a protest, the authorized officer shall
reconsider her/his proposed decision in light of the protestant's
statement of reasons for protest and in light of other information
pertinent to the case. At the conclusion to her/his review of the protest,
the authorized officer shall serve her/his final decision on the
protestant or her/his agent, or both, and the interested public.

(c) Notwithstanding the provisions of §4.21(a) of this title pertaining
to the period during which a final decision will not be in effect, the
authorized officer may provide that the final decision shall be effective
upon issuance or on a date established in the decision, and shall remain
in effect pending the decision on appeal unless a stay is granted by the
Office of Hearings and Appeals when the authorized officer has made a
determination in accordance with §§4110.3–3(b), 4130.6–2(b), 4150.2(d), or
4190.1(a). Nothing in this section shall affect the authority of the
Director of the Office of Hearings and Appeals, the Interior Board of Land
Appeals, or an administrative law judge to provide that the decision
becomes effective immediately as provided in §§4.21(a)(1) and 4.479(c) of
this title.

[43 FR 29067, July 5, 1978, as amended at 46 FR 5791, Jan. 19, 1981; 47
FR 41713, Sept. 21, 1982; 47 FR 46702, Oct. 20, 1982; 49 FR 6455, Feb. 21,
1984; 49 FR 12705, Mar. 30, 1984; 60 FR 9969, Feb. 22, 1995; 61 FR 4227,
Feb. 5, 1996; 71 FR 39508, July 12, 2006]

§ 4160.4   Appeals.

top

(a) Any person whose interest is adversely affected who wishes to
appeal or seek a stay of a final BLM grazing decision must follow the
requirements set forth in §4.472 of this title. The appeal and any
petition for stay must be filed with the BLM office that issued the
decision within 30 days after its receipt or within 30 days after the
proposed decision becomes final as provided in §4160.3(a).

(b) When OHA stays all or a portion of a BLM grazing decision that
affects a grazing permit or lease, BLM will authorize grazing use as
follows:

(1) When OHA stays implementation of all or part of a grazing decision
that cancels or suspends a permit or lease, changes any term or condition
of a permit or lease during its current term, or renews a permit or lease,
BLM will continue to authorize grazing under the permit or lease, or the
relevant term or condition thereof, that was in effect immediately before
the decision was issued, subject to any relevant provisions of the stay
order. This continued authorization will expire upon the resolution of the
administrative appeal. Such continued authorization is not subject to
protest or appeal.

(2) When OHA stays implementation of a grazing decision that issues or
denies issuance of a permit or lease to a preference transferee, BLM will
issue the preference applicant a permit or lease with terms and conditions
that are the same as the terms and conditions of the most recent permit or
lease applicable to the allotment or portion of the allotment in question,
subject to any relevant provisions of the stay order. This temporary
permit will expire upon the resolution of the administrative appeal.
Issuance of the temporary permit is not a decision subject to protest or
appeal.

(3) When OHA stays implementation of a grazing decision that issues a
permit or lease to a preference transferee with terms and conditions
different from terms and conditions of the most recent permit or lease
applicable to the allotment or portion of the allotment in question, BLM
will issue the preference applicant a permit or lease that, with respect
to any stayed term or condition, is the same as the terms and conditions
of the most recent permit or lease applicable to the allotment or portion
of the allotment in question, subject to any relevant provisions of the
stay order. This temporary permit will expire upon the resolution of the
administrative appeal. Issuance of the temporary permit is not a decision
subject to protest or appeal.

[71 FR 39508, July 12, 2006]

Subpart 4170—Penalties

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§ 4170.1   Civil penalties.

top

§ 4170.1-1   Penalty for violations.

top

(a) The authorized officer may withhold issuance of a grazing permit or
lease, or suspend the grazing use authorized under a grazing permit or
lease, in whole or in part, or cancel a grazing permit or lease and
grazing preference, or a free use grazing permit or other grazing
authorization, in whole or in part, under subpart 4160 of this title, for
violation by a permittee or lessee of any of the provisions of this
part.

(b) The authorized officer shall suspend the grazing use authorized
under a grazing permit, in whole or in part, or shall cancel a grazing
permit or lease and grazing preference, in whole or in part, under subpart
4160 of this title for repeated willful violation by a permittee or lessee
of §4140.1(b)(1) of this title.

(c) Whenever a nonpermittee or nonlessee violates §4140.1(b) of this
title and has not made satisfactory settlement under §4150.3 of this title
the authorized officer shall refer the matter to proper authorities for
appropriate legal action by the United States against the violator.

(d) Any person found to have violated the provisions of §4140.1(a)(6)
after August 21, 1995, shall be required to pay twice the value of forage
consumed as determined by the average monthly rate per AUM for pasturing
livestock on privately owned land (excluding irrigated land) in each State
as supplied annually by the National Agricultural Statistics Service, and
all reasonable expenses incurred by the United States in detecting,
investigating, and resolving violations. If the dollar equivalent value is
not received by the authorized officer within 30 days of receipt of the
final decision, the grazing permit or lease shall be cancelled. Such
payment shall be in addition to any other penalties the authorized officer
may impose under paragraph (a) of this section.

[46 FR 5792, Jan. 19, 1981, as amended at 50 FR 45827, Nov. 4, 1985; 60
FR 9969, Feb. 22, 1995]

§ 4170.1-2   Failure to use.

top

If a permittee or lessee has, for 2 consecutive grazing fee years,
failed to make substantial use as authorized in the lease or permit, or
has failed to maintain or use water base property in the grazing
operation, the authorized officer, after consultation, cooperation, and
coordination with the permittee or lessee and any lienholder of record,
may cancel whatever amount of active use the permittee or lessee has
failed to use.

[71 FR 39508, July 12, 2006]

§ 4170.2   Penal provisions.

top

§ 4170.2-1   Penal provisions under the Taylor
Grazing Act.

top

Under section 2 of the Act any person who willfully commits an act
prohibited under §4140.1(b), or who willfully violates approved special
rules and regulations is punishable by a fine of not more than $500.

[60 FR 9969, Feb. 22, 1995]

§ 4170.2-2   Penal provisions under the Federal
Land Policy and Management Act.

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Under section 303(a) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq. ), any person who knowingly and
willfully commits an act prohibited under §4140.1(b) or who knowingly and
willfully violates approved special rules and regulations may be brought
before a designated U.S. magistrate and is punishable by a fine in
accordance with the applicable provisions of Title 18 of the United States
Code, or imprisonment for no more than 12 months, or both.

[60 FR 9969, Feb. 22, 1995]

Subpart 4180—Fundamentals of Rangeland Health and Standards and
Guidelines for Grazing Administration

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§ 4180.1   Fundamentals of rangeland
health.

top

Standards and guidelines developed or revised by a Bureau of Land
Management State Director under §4180.2(b) must be consistent with the
following fundamentals of rangeland health:

(a) Watersheds are in, or are making significant progress toward,
properly functioning physical condition, including their upland,
riparian-wetland, and aquatic components; soil and plant conditions
support infiltration, soil moisture storage, and the release of water that
are in balance with climate and landform and maintain or improve water
quality, water quantity, and timing and duration of flow.

(b) Ecological processes, including the hydrologic cycle, nutrient
cycle, and energy flow, are maintained, or there is significant progress
toward their attainment, in order to support healthy biotic populations
and communities.

(c) Water quality complies with State water quality standards and
achieves, or is making significant progress toward achieving, established
BLM management objectives such as meeting wildlife needs.

(d) Habitats are, or are making significant progress toward being,
restored or maintained for Federal threatened and endangered species,
Federal proposed or candidate threatened and endangered species, and other
special status species.

[60 FR 9969, Feb. 22, 1995, as amended at 71 FR 39508, July 12,
2006]

§ 4180.2   Standards and guidelines for grazing
administration.

top

(a) The Bureau of Land Management State Director, in consultation with
the affected resource advisory councils where they exist, will identify
the geographical area for which standards and guidelines are developed.
Standards and guidelines will be developed for an entire state, or an area
encompassing portions of more than 1 state, unless the Bureau of Land
Management State Director, in consultation with the resource advisory
councils, determines that the characteristics of an area are unique, and
the rangelands within the area could not be adequately protected using
standards and guidelines developed on a broader geographical scale.

(b) The Bureau of Land Management State Director, in consultation with
affected Bureau of Land Management resource advisory councils, shall
develop and amend State or regional standards and guidelines. The Bureau
of Land Management State Director will also coordinate with Indian tribes,
other State and Federal land management agencies responsible for the
management of lands and resources within the region or area under
consideration, and the public in the development of State or regional
standards and guidelines. State or regional standards or guidelines
developed by the Bureau of Land Management State Director may not be
implemented prior to their approval by the Secretary. Standards and
guidelines made effective under paragraph (f) of this section may be
modified by the Bureau of Land Management State Director, with approval of
the Secretary, to address local ecosystems and management practices.

(c)(1) If a standards assessment indicates to the authorized officer
that the rangeland is failing to achieve standards or that management
practices do not conform to the guidelines, then the authorized officer
will use monitoring data to identify the significant factors that
contribute to failing to achieve the standards or to conform with the
guidelines. If the authorized officer determines through standards
assessment and monitoring that existing grazing management practices or
levels of grazing use on public lands are significant factors in failing
to achieve the standards and conform with the guidelines that are made
effective under this section, the authorized officer will, in compliance
with applicable laws and with the consultation requirements of this part,
formulate, propose, and analyze appropriate action to address the failure
to meet standards or to conform to the guidelines.

(i) Parties will execute a documented agreement and/or the authorized
officer will issue a final decision on the appropriate action under
§4160.3 as soon as practicable, but not later than 24 months after a
determination.

(ii) BLM may extend the deadline for meeting the requirements
established in paragraph (c)(1)(i) of this section when legally required
processes that are the responsibility of another agency prevent completion
of all legal obligations within the 24-month time frame. BLM will make a
decision as soon as practicable after the legal requirements are met.

(2) Upon executing the agreement and/or in the absence of a stay of the
final decision, the authorized officer will implement the appropriate
action as soon as practicable, but not later than the start of the next
grazing year.

(3) The authorized officer will take appropriate action as defined in
this paragraph by the deadlines established in paragraphs (c)(1) and
(c)(2) of this section. Appropriate action means implementing actions
pursuant to subparts 4110, 4120, 4130, and 4160 of this part that will
result in significant progress toward fulfillment of the standards and
significant progress toward conformance with the guidelines. Practices and
activities subject to standards and guidelines include the development of
grazing-related portions of activity plans, establishment of terms and
conditions of permits, leases, and other grazing authorizations, and range
improvement activities such as vegetation manipulation, fence
construction, and development of water.

(d) At a minimum, state and regional standards developed or revised
under paragraphs (a) and (b) of this section must address the
following:

(1) Watershed function;

(2) Nutrient cycling and energy flow;

(3) Water quality;

(4) Habitat for endangered, threatened, proposed, candidate, and other
special status species; and

(5) Habitat quality for native plant and animal populations and
communities.

(e) At a minimum, State or regional guidelines developed under
paragraphs (a) and (b) of this section must address the following:

(1) Maintaining or promoting adequate amounts of vegetative ground
cover, including standing plant material and litter, to support
infiltration, maintain soil moisture storage, and stabilize soils;

(2) Maintaining or promoting subsurface soil conditions that support
permeability rates appropriate to climate and soils;

(3) Maintaining, improving or restoring riparian-wetland functions
including energy dissipation, sediment capture, groundwater recharge, and
stream bank stability;

(4) Maintaining or promoting stream channel morphology (e.g., gradient,
width/depth ratio, channel roughness and sinuosity) and functions
appropriate to climate and landform;

(5) Maintaining or promoting the appropriate kinds and amounts of soil
organisms, plants and animals to support the hydrologic cycle, nutrient
cycle, and energy flow;

(6) Promoting the opportunity for seedling establishment of appropriate
plant species when climatic conditions and space allow;

(7) Maintaining, restoring or enhancing water quality to meet
management objectives, such as meeting wildlife needs;

(8) Restoring, maintaining or enhancing habitats to assist in the
recovery of Federal threatened and endangered species;

(9) Restoring, maintaining or enhancing habitats of Federal proposed,
Federal candidate, and other special status species to promote their
conservation;

(10) Maintaining or promoting the physical and biological conditions to
sustain native populations and communities;

(11) Emphasizing native species in the support of ecological function;
and

(12) Incorporating the use of non-native plant species only in those
situations in which native species are not available in sufficient
quantities or are incapable of maintaining or achieving properly
functioning conditions and biological health.

(f) Until such time as state or regional standards and guidelines are
developed and in effect, the following standards provided in paragraph
(f)(1) of this section and guidelines provided in paragraph (f)(2) of this
section will apply and will be implemented in accordance with paragraph
(c) of this section.

(1) Fallback standards. (i) Upland soils exhibit infiltration
and permeability rates that are appropriate to soil type, climate and
landform.

(ii) Riparian-wetland areas are in properly functioning condition.

(iii) Stream channel morphology (including but not limited to gradient,
width/depth ratio, channel roughness and sinuosity) and functions are
appropriate for the climate and landform.

(iv) Healthy, productive and diverse populations of native species
exist and are maintained.

(2) Fallback guidelines. (i) Management practices maintain or
promote adequate amounts of ground cover to support infiltration, maintain
soil moisture storage, and stabilize soils;

(ii) Management practices maintain or promote soil conditions that
support permeability rates that are appropriate to climate and soils;

(iii) Management practices maintain or promote sufficient residual
vegetation to maintain, improve or restore riparian-wetland functions of
energy dissipation, sediment capture, groundwater recharge and stream bank
stability;

(iv) Management practices maintain or promote stream channel morphology
(e.g., gradient, width/depth ratio, channel roughness and sinuosity) and
functions that are appropriate to climate and landform;

(v) Management practices maintain or promote the appropriate kinds and
amounts of soil organisms, plants and animals to support the hydrologic
cycle, nutrient cycle, and energy flow;

(vi) Management practices maintain or promote the physical and
biological conditions necessary to sustain native populations and
communities;

(vii) Desired species are being allowed to complete seed dissemination
in 1 out of every 3 years (Management actions will promote the opportunity
for seedling establishment when climatic conditions and space allow.);

(viii) Conservation of Federal threatened or endangered, proposed,
candidate, and other special status species is promoted by the restoration
and maintenance of their habitats;

(ix) Native species are emphasized in the support of ecological
function;

(x) Non-native plant species are used only in those situations in which
native species are not readily available in sufficient quantities or are
incapable of maintaining or achieving properly functioning conditions and
biological health;

(xi) Periods of rest from disturbance or livestock use during times of
critical plant growth or regrowth are provided when needed to achieve
healthy, properly functioning conditions (The timing and duration of use
periods shall be determined by the authorized officer.);

(xii) Continuous, season-long livestock use is allowed to occur only
when it has been demonstrated to be consistent with achieving healthy,
properly functioning ecosystems;

(xiii) Facilities are located away from riparian-wetland areas wherever
they conflict with achieving or maintaining riparian-wetland function;

(xiv) The development of springs and seeps or other projects affecting
water and associated resources shall be designed to protect the ecological
functions and processes of those sites; and

(xv) Grazing on designated ephemeral (annual and perennial) rangeland
is allowed to occur only if reliable estimates of production have been
made, an identified level of annual growth or residue to remain on site at
the end of the grazing season has been established, and adverse effects on
perennial species are avoided.

[60 FR 9969, Feb. 22, 1995, as amended at 61 FR 59835, Nov. 25, 1996;
71 FR 39508, July 12, 2006]

Subpart 4190—Effect of Wildfire Management Decisions

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§ 4190.1   Effect of wildfire management
decisions.

top

(a) Notwithstanding the provisions of 43 CFR 4.21(a)(1), when BLM
determines that vegetation, soil, or other resources on the public lands
are at substantial risk of wildfire due to drought, fuels buildup, or
other reasons, or at immediate risk of erosion or other damage due to
wildfire, BLM may make a rangeland wildfire management decision effective
immediately or on a date established in the decision. Wildfire management
includes but is not limited to:

(1) Fuel reduction or fuel treatment such as prescribed burns and
mechanical, chemical, and biological thinning methods (with or without
removal of thinned materials); and

(2) Projects to stabilize and rehabilitate lands affected by
wildfire.

(b) The Interior Board of Land Appeals will issue a decision on the
merits of an appeal of a wildfire management decision under paragraph (a)
of this section within the time limits prescribed in 43 CFR 4.416.

[68 FR 33804, June 5, 2003]
Group 4200—Grazing Administration;
Alaska; Livestock

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