4100.0-3 Authority Authorities are listed consistent with the purposes and objectives of the proposed regulations. 4100.0-5 Definitions The number of definitions is limited to those deemed necessary for clarity. The wording not specifically defined in the proposed regulations text is intended to reflect normal usage. 4100.0-7 Cross References Appeals and hearings procedures are found in Part 4 of this Title (43 CFR) and no change is proposed. Rules concerning advisory boards and livestock associations are found in Part 4114 of the current grazing regulations. No change in these rules is being suggested in the draft proposal. However, in the process of recodification of Departmental regulations, of various subject matter, new numbering is scheduled for advisory boards and for livestock associations, to which the cross reference is made. Encl. 3-4 4200 ALLOCATION OF GRAZING USE 4210 Mandatory Qualifications Those who have a current grazing license, permit or lease are recognized as preferenced under the Taylor Grazing Act as citizens who are landowners engaged in the livestock business. Each such user on the public lands will be issued a grazing permit which will designate the extent of the grazing preference based on the presently recognized use (including active use and regular and suspended nonuse--also see 4230 Preference explanation). It is the intent of the regulations to protect the interest of preferenced grazing users. Where grazing privileges are now held by a lessee, the initial grazing permit will be issued to the lessor. Where the lessor is an absentee owner, subsequent arrangements may be made between the lessor and the lessee. If, for example, direct dealings between the lessec and the authorized officer are in the best interests of all parties, the permit may be transferred to the lessee, or the lessor may give "notice of full authority" to the lessee, or such other private arrangement between the parties may be made to best affect the public land business of the livestock operation. A grazing preference is attached to base property. Preferences are transferable and any new permittee (transferee) must meet the requirements of citizenship, land or water ownership or control and livestock business endeavor. The suggested regulation proposals do not provide for accountability. of base property commensurability (base property feed and forage production). Procedures for transfering a preference are proposed to be simplified. See 4330 Transfers explanation and Attachment 1. 4220 Grazing Arcas Grazing areas may be allotted to the exclusive grazing use of one permittee or to a group of permittees by one of the following categories: (a) Management allotments. Prior to the development of an allotment management plan (AMP), a specific planning unit will be reviewed through the Bureau's resource planning system to assure considerations for environmental protection and other uses. Where it has been determined through the planning process that domestic livestock will be importantly involved Encl. 3-5 (b) (c) the authorized officer will establish the area that will be Intensive planning Custodial grazing areas or allotments. area. stipulations. Interim grazing areas or allotments. These are currently 4230 Preference The allocation of preference and the issuance of grazing permits are based on the grazing use on the public lands which is recognized when the new suggested regulations become effective. Presently recognized use means adjudicated grazing qualifications, including approved nonuse and suspended (potential) nonuse. Any temporary nonrenewable use is not counted. The grazing currently made under a valid allotment management plan will continue. For those areas in the Southwest classified as ephemeral, no numbers will be indicated and use will be based on the requests for grazing during ephemeral forage years. When an adjudication has not been made or the grazing qualifications are not known, the authorized officer will make the determination of presently recognized use after reference to official records. In all cases, a determination of presently recognized use does not preclude any previous graduated reductions or use agreements now in effect. Encl. 3-6 4230.2 Change in Acreage When land is added to or deleted from a designated grazing area due to exchange or otherwise, the permit will be changed to reflect the resulting difference in available public land forage. In case a permittee does not want to make use of additional forage it may be allocated to an applicant. 4230.3 Additional Lands Available Whenever public land acreage outside of an existing grazing area becomes available (by revocation of a withdrawal, for example), grazing will be administered in accordance with previously authorized use insofar as it is practical and consistent with proper land management. If there were no regularly authorized users, the forage would be allocated to applicants. Any person who is qualified pursuant to 4210 of the regulations is eligible to apply for forage available. Allocation under such circumstances would be at the discretion of the authorized officer and would be based upon criteria consistent with the objectives under Subpart 4100.0-2. Use would be allocated by the issuance of a management permit and grazing fees would be due annually for use of the forage obtained. 4300 TYPES OF PERMITS; ISSUANCE 4310 Grazing Permits Three kinds of grazing permits are issued. Each, to varying degrees, sets out the conditions and manner in which livestock grazing use is to be authorized. Each is designated for a specific purpose, and each reflects the intended category of permit. Management permits indicate grazing areas which are under intensive management; custodial permits designate areas in which planning has been done and where only limited management stipulations are required; and regular permits cover allotments in which resource planning has not been completed. See Attachment 2. The purpose of this regulation is not intended to provide incentives to get livestock operations under AMP's. The suggested regulation may, however, result in this happening. The purpose is to assure that livestock use is compatible with environmental protection and multiple use concepts. Any granted increases in grazing use must remain on a nonrenewable basis until firm management objectives are established during the application of the Bureau's resource planning system (including initiation of an AMP) on the grazing area. Even under the present regulations and instructions, permanent increases in use may not be permitted until it has been determined that such increases will not end anger other resource values and adequate provisions are made. for wildlife and watershed. All grazing permits are subject to cancellation or modification for cause and other provisions contained in the regulations. The term of regular permits is thus actually not a controlling factor as far as management of the public lands is concerned. Annual application will not be required under these new suggested regulations. An application would be needed only if the desired use is different from that specified in the permit. Otherwise, the operator will be billed for the grazing use authorized. Also see 4560 Changes in Use explanation. Encl. 3-8 |