43 C.F.R. § 4120.3-3

Range improvement permits

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(a) Any permittee or lessee may apply for a range improvement permit to install, use, maintain, and/or modify removable range improvements that are needed to achieve management objectives for the allotment in which the permit or lease is held. The permittee or lessee shall agree to provide full funding for construction, installation, modification, or maintenance. Such range improvement permits are issued at the discretion of the authorized officer.

(b) The permittee or lessee may hold the title to authorized removable range improvements used as livestock handling facilities such as corrals, creep feeders, and loading chutes, and to temporary structural improvements such as troughs for hauled water.

(c) If forage available for livestock is not or will not be used by the preference permittee or lessee, BLM may issue nonrenewable grazing permits or leases to other qualified applicants to use it under §§ 4130.6-2 and 4130.4(d), or § 4110.3-1(a)(2). The term “forage available for livestock” does not include temporary nonuse that BLM approves for reasons of natural resource conservation, enhancement, or protection, or use suspended by BLM under § 4110.3-2(b). Before issuing a nonrenewable permit or lease, BLM will consult, cooperate, and coordinate as provided in § 4130.6-2. If BLM issues such a nonrenewable permit or lease, the preference permittee or lessee shall cooperate with the temporary authorized use of forage by another operator.

(1) A permittee or lessee shall be reasonably compensated for the use and maintenance of improvements and facilities by the operator who has an authorization for temporary grazing use.

(2) The authorized officer may mediate disputes about reasonable compensation and, following consultation with the interested parties, make a determination concerning the fair and reasonable share of operation and maintenance expenses and compensation for use of authorized improvements and facilities.

(3) Where a settlement cannot be reached, the authorized officer shall issue a temporary grazing authorization including appropriate terms and conditions and the requirement to compensate the preference permittee or lessee for the fair share of operation and maintenance as determined by the authorized officer under subpart 4160 of this part.

[49 FR 6452, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at 60 FR 9964, Feb. 22, 1995; 71 FR 39505, July 12, 2006]

Notes of Decisions

Cited in 3 cases, 1989–2000 · 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 2× “In any event, the provision retains even the "contemplation of ownership" meaning stressed by the ranchers, for permit holders may still "own" removable range improvements, such as "corrals, creep feeders, and loading chutes, and temporary structural improvements such as troughs…”

Pub. Lands Council v. United States Dep't of the Interior Sec'y, 929 F. Supp. 1436 (D. Wyo. 1996). “” 43 C.F.R. § 4120.3-3 (c) (1994). Though not artfully worded, the plain language requires permittees to control their livestock’s use of water-related range improvements; it does not grant permittees the right to control the improvement itself.”

Fallini v. Hodel, 725 F. Supp. 1113 (D. Nev. 1989). “1 (b)(2) (1986); see also, 43 C.F.R. § 4120.3-3 (requires party to apply for BLM approval before modifying improvements).”

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