43 C.F.R. § 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]

Notes of Decisions

Cited in 3 cases, 1985–2011 · leading case: Nat. Resources Def. Council, Inc. v. Hodel, 618 F. Supp. 848 (E.D. Cal. 1985).

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Nat. Resources Def. Council, Inc. v. Hodel, 618 F. Supp. 848 (E.D. Cal. 1985). · cites it 2× “, 43 C.F.R. §§ 4110.3-3 , 4120.2(a), 4160.1-1, 4160.”

W. Watersheds Proj. v. Kraayenbrink, 632 F.3d 472 (9th Cir. 2011). “43 C.F.R. § 4110.3-3 (a)(1). And the BLM, under the 2006 Regulations, has two years to initiate an enforcement action.”

W. Watersheds Proj. v. Kraayenbrink, 538 F. Supp. 2d 1302 (D. Idaho 2008). “2-4 ; (2) changes in active use, see 43 C.F.R. § 4110.3-3 (a); (3) emergency allotment closures, see 43 C.”

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