C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER D—RANGE MANAGEMENT (4000) Group 4100—Grazing Administration › PART 4100—GRAZING ADMINISTRATION—EXCLUSIVE OF ALASKA › Subpart 4110—Qualifications and Preference

43 C.F.R. § 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]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1988–2022 · leading case: Pub. Lands Council v. Babbitt, 529 U.S. 728 (2000).
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Pub. Lands Council v. Babbitt, 529 U.S. 728 (2000). · cites it 7× “2-1(e)(6) (1977); 43 CFR § 4110.4-2 (a) (1994); 43 CFR § 4110.”
Bunyard v. Hodel, 702 F. Supp. 820 (D. Nev. 1988). · cites it 8× “This regulation provides that: *823 (a) Where that is a decrease in public land acreage available for livestock grazing use within an allotment, grazing permits or grazing leases and grazing preferences shall be canceled in whole or in part. The cancellations will be equitably…”
Baca v. Menyhert, 19 F.3d 33 (10th Cir. 1994). “11 Finally, Baca argues that he was not provided notice two years in advance of the exchange, as required by 43 C.F.R. 4110.4-2(b). This issue was fully argued before the district court and agency, and decided by the IBLA on remand.”
Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt. (D. Or. 2022). “Even though BLM’s regulations require at least two years notice to permittees before reducing or cancelling their grazing permits, see 43 C.F.R. § 4110.4-2 (b), BLM’s need to give notice does not preclude courts from enforcing a rule closing specific pastures to future grazing.”
— 43 C.F.R. § 4110.4-2(b) — 1 case
Baca v. Menyhert, 19 F.3d 33 (10th Cir. 1994). “11 Finally, Baca argues that he was not provided notice two years in advance of the exchange, as required by 43 C.F.R. 4110.4-2(b). This issue was fully argued before the district court and agency, and decided by the IBLA on remand.”
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