36 C.F.R. § 222.9

Range improvements

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(a) The Chief, Forest Service, is authorized to install and maintain structural and nonstructural range improvements needed to manage the range resource on National Forest System lands and other lands controlled by the Forest Service.

(b) Such improvements may be constructed or installed and maintained, or work performed by individuals, organizations or agencies other than the Forest Service subject to the following:

(1) All improvements must be authorized by cooperative agreement or memorandum of understanding, the provisions of which become a part of the grazing permit(s).

(2) Title to permanent structural range improvements shall rest in the United States.

(3) Title to temporary structural range improvements may be retained by the Cooperator where no part of the cost for the improvement is borne by the United States.

(4) Title to nonstructural range improvements shall vest in the United States.

(5) Range improvement work performed by a cooperator or permittee on National Forest System lands shall not confer the exclusive right to use the improvement or the land influenced.

(c) A user of the range resource on National Forest System lands and other lands under Forest Service control may be required by the Chief, Forest Service, to maintain improvements to specified standards.

(d) Grazing fees or the number of animal months charged shall not be adjusted to compensate permittees for range improvement work performed on National Forest System lands: Provided, That, in accordance with section 32(c), title III, Bankhead-Jones Farm Tenant Act, the cost to grazing users in complying with requirements of a grazing permit or agreement may be considered in determining the annual grazing fee on National Grasslands or land utilization projects if it has not been used in establishing the grazing base value.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1981–2025 · leading case: North Dakota ex rel. Stenehjem v. United States, 257 F. Supp. 3d 1039 (D.N.D. 2017).

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North Dakota ex rel. Stenehjem v. United States, 257 F. Supp. 3d 1039 (D.N.D. 2017). “36 C.F.R. 222.9. . In Kane County, the Tenth Circuit described the trigger for the limitations period as an "exceedingly light one” in its discussion of the contours of both the limitations period of Section 2409a(i) applicable to the states and the general limitations period in…”

Everett Plywood Corp. v. United States, 227 Ct. Cl. 415 (Ct. Cl. 1981). “See 36 C.F.R. § 222.9 (1980). During World War II the use of standard termination articles became common in government contracts.”

Smith v. Almida (Ariz. Ct. App. 2015). · cites it 2× “See 36 C.F.R. §§ 222.9 (b)(2) (“Title to permanent structural range improvements shall rest in the United States.”

Round v. United States Dep't of Agric., Forest Serv., The (D. Colo. 2023). “See infra at 10; 36 C.F.R. § 222.9 (a)-(b) (authorizing the Forest Service to permit “individuals, organizations or agencies” “to install and maintain structural and nonstructural range improvements needed to manage the range resource on National Forest System lands and other…”

Johnson v. USA (9th Cir. 2025). “See 36 C.F.R. § 222.9 (b)(2). The Service maintained that the federal government had authorized the corrals’ construction on NFS land to aid in range management.”

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