(a) The Bureau of Land Management may enter into a cooperative range improvement agreement with a person, organization, or other government entity for the installation, use, maintenance, and/or modification of permanent range improvements or rangeland developments to achieve management or resource condition objectives. The cooperative range improvement agreement shall specify how the costs or labor, or both, shall be divided between the United States and cooperator(s).
(b) Subject to valid existing rights, cooperators and the United States will share title to permanent structural range improvements such as fences, wells, and pipelines where authorization is granted after August 11, 2006 in proportion to their contribution to on-the-ground project development and construction costs. The authorization for all new permanent water developments, such as spring developments, wells, reservoirs, stock tanks, and pipelines, shall be through cooperative range improvement agreements. The authorized officer will document a permittee's or lessee's interest in contributed funds, labor, and materials to ensure proper credit for the purposes of §§ 4120.3-5 and 4120.3-6(c).
(c) The United States shall have title to nonstructural range improvements such as seeding, spraying, and chaining.
(d) Range improvement work performed by a cooperator or permittee on the public lands or lands administered by the Bureau of Land Management does not confer the exclusive right to use the improvement or the land affected by the range improvement work.
[60 FR 9964, Feb. 22, 1995, as amended at 61 FR 4227, Feb. 5, 1996; 71 FR 39505, July 12, 2006]
Notes of Decisions
Pub. Lands Council v. Babbitt, 529 U.S. 728 (2000).
· cites it 6× “§ 315c; see 43 CFR §§ 4120.3-2 , 4120.3-3 (1998). The pre-1995 regulations applicable to cooperative agreements gave the United States full title to "nonstructural" improvements, such as spraying for weeds, and to "non-removable improvements," such as wells.”
Pub. Lands Council v. Babbitt, 154 F.3d 1160 (10th Cir. 1998).
· cites it 8× “” • 43 C.F.R. § 4120.3-2 (1994). Under the 1995 regulations, the government prospectively asserts title to “permanent” range improvements, such as fences, wells, reservoirs, pipelines, and stock tanks, and “non-structural” improvements such as seeding, spraying, and chaining,…”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
· cites it 6× “” 43 C.F.R. § 4120.3-2 (1994). Under the 1995 regulations, the government prospectively asserts title to “permanent” range improvements, such as fences, wells, reservoirs, pipelines, and stock tanks, and “non-structural” improvements such as seeding, spraying, and chaining,…”
W. Watersheds Proj. v. Kraayenbrink, 538 F. Supp. 2d 1302 (D. Idaho 2008).
· cites it 2× “Changes to Range Improvement Ownership & Control The Final Rule amends 43 C.F.R. § 4120.3-2 to allow shared title of permanent range improvements constructed under cooperative range improvements agreements.”
United States v. Shenise, 43 F. Supp. 2d 1190 (D. Colo. 1999).
· cites it 3× “43 C.F.R. § 4120.3-2 (a) (1995). The court does not accept defendant’s argument that the language of the Taylor Grazing Act, in § 315c as set forth above, allows for application of Colorado’s open range law.”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
“Thus, new 43 C.F.R. 4120.3-2(b), which gives the federal government title to improvements built by a permittee, has significant consequences for permittees: since title to improvements is not in the hands of the permittees who construct them, permittees are not statutorily…”
— 43 C.F.R. § 4120.3-2(b) — 3 cases
Pub. Lands Council v. Babbitt, 154 F.3d 1160 (10th Cir. 1998).
“” • 43 C.F.R. § 4120.3-2 (1994). Under the 1995 regulations, the government prospectively asserts title to “permanent” range improvements, such as fences, wells, reservoirs, pipelines, and stock tanks, and “non-structural” improvements such as seeding, spraying, and chaining,…”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
“” 43 C.F.R. § 4120.3-2 (1994). Under the 1995 regulations, the government prospectively asserts title to “permanent” range improvements, such as fences, wells, reservoirs, pipelines, and stock tanks, and “non-structural” improvements such as seeding, spraying, and chaining,…”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
“Thus, new 43 C.F.R. 4120.3-2(b), which gives the federal government title to improvements built by a permittee, has significant consequences for permittees: since title to improvements is not in the hands of the permittees who construct them, permittees are not statutorily…”
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