(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]
Notes of Decisions
Stewart v. Kempthorne, 554 F.3d 1245 (10th Cir. 2009).
· cites it 3× “43 C.F.R. § 4110.1 (a). Each grazing permit specifies the grazing preference, the terms and conditions, and the duration of the permit.”
Pub. Lands Council v. Babbitt, 529 U.S. 728 (2000).
· cites it 2× “See 43 CFR § 4110.1 (a) (1995). The new change is not as radical as the text of the new regulation suggests.”
W. Watersheds Proj. v. Bernhardt, 392 F. Supp. 3d 1225 (D. Or. 2019).
· cites it 2× “43 C.F.R. § 4110.1 . These include that any applicant for renewal of a grazing permit " must be determined by the authorized officer to have a satisfactory record of performance.”
W. Watersheds Proj. v. Bernhardt, 391 F. Supp. 3d 1002 (D. Or. 2019).
“43 C.F.R. § 4110.1 . These include that any applicant for renewal of a grazing permit " must be determined by the authorized officer to have a satisfactory record of performance.”
Pub. Lands Council v. Babbitt, 154 F.3d 1160 (10th Cir. 1998).
· cites it 3× “” 43 C.F.R. § 4110.1 (1994). The new qualifications rule eliminates this requirement.”
In Re the Rights Ex Rel. Gila River, 830 P.2d 442 (Ariz. 1992).
“First, most or all lessees and permittees of the federal government were likely to have been included on the SLD and DWR mailing lists of real property owners because federal regulations make ownership of private “base property” a prerequisite to the receipt of grazing and…”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
· cites it 3× “” 43 C.F.R. § 4110.1 (1994). The new qualifications rule eliminates this requirement.”
Stewart v. Kempthorne, 593 F. Supp. 2d 1240 (D. Utah 2008).
· cites it 3× “43 C.F.R. § 4110.1 (a). Second, the applicant must either meet citizenship requirements or be authorized to conduct business in the state in which the grazing permit is sought.”
Garcia v. Andrus, 692 F.2d 89 (9th Cir. 1982).
“1 To qualify, an applicant must be engaged in the livestock business and own or control “base property” ( 43 C.F.R. § 4110.1 ), that is, land or water which serves as a base for a livestock operation ( 43 C.”
W. Watersheds Proj. v. Bernhardt (D. Or. 2019).
· cites it 2× “43 C.F.R. § 4110.1 . These include the requirement that any applicant (and its affiliates) for renewal of a grazing permit “must be 6 Although BLM issued amended regulations in 2006, those regulations have been enjoined by the U.”
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