43 C.F.R. § 4120.3-6

Removal and compensation for loss of range improvements

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(a) Range improvements shall not be removed from the public lands without authorization.

(b) The authorized officer may require permittees or lessees to remove range improvements which they own on the public lands if these improvements are no longer helping to achieve land use plan or allotment goals and objectives or if they fail to meet the criteria under § 4120.3-4 of this title.

(c) Whenever a grazing permit or lease is cancelled in order to devote the public lands covered by the permit or lease to another public purpose, including disposal, the permittee or lessee shall receive from the United States reasonable compensation for the adjusted value of their interest in authorized permanent improvements placed or constructed by the permittee or lessee on the public lands covered by the cancelled permit or lease. The adjusted value is to be determined by the authorized officer. Compensation shall not exceed the fair market value of the terminated portion of the permittee's or lessee's interest therein. Where a range improvement is authorized by a range improvement permit, the livestock operator may elect to salvage materials and perform rehabilitation measures rather than be compensated for the adjusted value.

(d) Permittees or lessees shall be allowed 180 days from the date of cancellation of a range improvement permit or cooperative range improvement agreement to salvage material owned by them and perform rehabilitation measures necessitated by the removal.

[49 FR 6452, Feb. 21, 1984; 49 FR 12704, Mar. 30, 1984, as amended at 61 FR 4227, Feb. 5, 1996]

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Mitchell v. United States, 41 Fed. Cl. 617 (Fed. Cl. 1998).

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Mitchell v. United States, 41 Fed. Cl. 617 (Fed. Cl. 1998). “Despite the 1991 Memorandum of Understanding purporting to assure plaintiffs’ water rights, on August 15, 1991, the BLM issued, pursuant to what is now 43 C.F.R. § 4120.3-6 (b) (1997), a proposed decision, which subsequently became final on September 4, 1991, that canceled 16 of…”

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