43 C.F.R. § 4150.2

Notice and order to remove

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(a) Whenever it appears that a violation exists and the owner of the unauthorized livestock is known, written notice of unauthorized use and order to remove livestock by a specified date shall be served upon the alleged violator or the agent of record, or both, by certified mail or personal delivery. The written notice shall also allow a specified time from receipt of notice for the alleged violator to show that there has been no violation or to make settlement under § 4150.3.

(b) Whenever a violation has been determined to be nonwillful and incidental, the authorized officer shall notify the alleged violator that the violation must be corrected, and how it can be settled, based upon the discretion of the authorized officer.

(c) When neither the owner of the unauthorized livestock nor his agent is known, the authorized officer may proceed to impound the livestock under § 4150.4.

(d) The authorized officer may temporarily close areas to grazing by specified kinds or class of livestock for a period not to exceed 12 months when necessary to abate unauthorized grazing use. Such notices of closure may be issued as final decisions effective upon issuance or on the date specified in the decision and shall remain in effect pending the decision on appeal unless a stay is granted by the Office of Hearings and Appeals in accordance with 43 CFR 4.472(d).

[43 FR 29067, July 5, 1978, as amended at 47 FR 41712, Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984; 60 FR 9968, Feb. 22, 1995; 71 FR 39507, July 12, 2006]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2013–2023 · leading case: Jared Bedke v. Kenneth Salazar, 540 F. App'x 601 (9th Cir. 2013).

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Jared Bedke v. Kenneth Salazar, 540 F. App'x 601 (9th Cir. 2013). “The impoundment and sale of the Bed-kes’ cattle took place pursuant to federal regulations, which provided the Bedkes with written notice ( 43 C.F.R. § 4150.2 ), the opportunity to provide contrary evidence (id.”

Temple v. Lawrence Roberts (D.S.D. 2023). · cites it 2× “See 43 C.F.R. §§ 4150.2 , 4150.4—1. In addition, the trespass notice gives the alleged violator a[n] opportunity to present evidence that there is no violation.”

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