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  <FDSYS>
    <CFRTITLE>43</CFRTITLE>
    <CFRTITLETEXT>Public Lands: Interior</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2005-10-01</DATE>
    <ORIGINALDATE>2005-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Grazing permits or leases.</TITLE>
    <GRANULENUM>4130.2</GRANULENUM>
    <HEADING>Section 4130.2</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 43" SEQ="5">Public Lands: Interior</PARENT>
      <PARENT HEADING="Subtitle B" SEQ="4">Regulations Relating to Public Lands (Continued)</PARENT>
      <PARENT HEADING="CHAPTER II" SEQ="3">BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR</PARENT>
      <PARENT HEADING="SUBCHAPTER D" SEQ="2">RANGE MANAGEMENT (4000)</PARENT>
      <PARENT HEADING="PART 4100" SEQ="1">GRAZING ADMINISTRATION-EXCLUSIVE OF ALASKA</PARENT>
      <PARENT HEADING="Subpart 4130" SEQ="0">Authorizing Grazing Use</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <PRTPAGE P="852"/>
    <SECTNO>§ 4130.2</SECTNO>
    <SUBJECT>Grazing permits or leases.</SUBJECT>
    <P>(a) Grazing permits or leases shall be issued to qualified applicants to authorize use on the public lands and other lands under the administration of the Bureau of Land Management that are designated as available for livestock grazing through land use plans. Permits or leases shall specify the types and levels of use authorized, including livestock grazing, suspended use, and conservation use. These grazing permits and leases shall also specify terms and conditions pursuant to §§ 4130.3, 4130.3-1, and 4130.3-2.</P>
    <P>(b) The authorized officer shall consult, cooperate and coordinate with affected permittees or lessees, the State having lands or responsible for managing resources within the area, and the interested public prior to the issuance or renewal of grazing permits and leases.</P>
    <P>(c) Grazing permits or leases convey no right, title, or interest held by the United States in any lands or resources.</P>
    <P>(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—</P>
    <P>(1) The land is being considered for disposal;</P>
    <P>(2) The land will be devoted to a public purpose which precludes grazing prior to the end of 10 years;</P>
    <P>(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</P>
    <P>(4) The authorized officer determines that a permit or lease for less than 10 years is in the best interest of sound land management.</P>
    <P>(e) Permittees or lessees holding expiring grazing permits or leases shall be given first priority for new permits or leases if:</P>
    <P>(1) The lands for which the permit or lease is issued remain available for domestic livestock grazing;</P>
    <P>(2) The permittee or lessee is in compliance with the rules and regulations and the terms and conditions in the permit or lease;</P>
    <P>(3) The permittee or lessee accepts the terms and conditions to be included by the authorized officer in the new permit or lease.</P>
    <P>(f) The authorized officer will not offer, grant or renew grazing permits or leases when the applicants, including permittees or lessees seeking renewal, refuse to accept the proposed terms and conditions of a permit or lease.</P>
    <P>(g) Temporary nonuse and conservation use may be approved by the authorized officer if such use is determined to be in conformance with the applicable land use plans, allotment management plan or other activity plans and the provisions of subpart 4180 of this part.</P>
    <P>(1) Conservation use may be approved for periods of up to 10 years when, in the determination of the authorized officer, the proposed use will promote rangeland resource protection or enhancement of resource values or uses, including more rapid progress toward resource condition objectives; or</P>
    <P>(2) Temporary nonuse for reasons including but not limited to financial conditions or annual fluctuations of livestock, may be approved on an annual basis for no more than 3 consecutive years. Permittees or lessees applying for temporary nonuse shall state the reasons supporting nonuse.</P>
    <P>(h) Application for nonrenewable grazing permits and leases under §§ 4110.3-1 and 4130.6-2 for areas for which conservation use has been authorized will not be approved. Forage made available as a result of temporary nonuse may be made available to qualified applicants under § 4130.6-2.</P>
    <P>(i) Permits or leases may incorporate the percentage of public land livestock use (see § 4130.3-2) or may include private land offered under exchange-of-use grazing agreements (see § 4130.6-1).</P>

    <P>(j) 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 <PRTPAGE P="853"/>districts are explained in 43 CFR part 4600.</P>
    <CITA>[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]</CITA>
  </SECTION>
</CFRGRANULE>

