where a transfer has occurred before the end of the grazing season and bills are issued following grazing pursuant to 4340.1(f)). A major change is in procedure. Each permit sets forth the authorized use (the basic operation) for which the permittee will be sent a "notice of bill"--except when under a management permit. If no change in use is desired, the bill is paid prior to the beginning of grazing. The process would not involve an annual application. An application would be required only when a change in use different from that authorized in the permit is desired. ་་ Consistent with present practice, to allow for latitude in livestock operations but to protect the public interest, the failure to make full use provision provides for the possible revocation of preference to the extent not used. Minor fluctuations below the basic operation level of a regular permit, or below the lower limit of flexibility under a management permit, are not construed as "failure to use. This Subpart is consistent with BLM's range management program needs in that proper livestock use and utilization are very often required in order to perform certain functions in attaining multiple use objectives under an AMP. In addition, available forage should be utilized to meet the Department's objective of maximizing the production of animal products from the public lands. 4560 Changes in Use An Automatic Data Processing (ADP) system is to be used in the "billing" and the "prior to the season changes in use request" process associated with the new regulations. Interim administrative techniques may be needed until the ADP is fully implemented. Permits set out the basic operation from which the grazing fee bills are made up (except for AMP's)--also see 4550 of the explanation. Before the beginning of the grazing season (approximately 45 days), permittees will receive an ADP "notice of bill." If no change in use is contemplated the permittee simply submits his payment before his first authorized date of grazing. If a change is desired for that year only the permittee must submit a written request to the authorized officer at least 30 days in advance of the authorized grazing period for which a change is desired. For example, for a permit which reads 100 cattle May 1 to June 30 the request for modification must be submitted no later than April 1; for a permit which reads 100 cattle March 1 to March 31 and 100 cattle November 1 to November 30 the request for change must be submitted 30 days prior to either of the distinct authorized periods to be modified. Encl. 3-16 Upon approval of a requested change, a revised "notice of bill" is issued for payment. Upon disapproval, the permittee is notified and the matter is submitted to the advisory board for protest hearing and recommendation. There is no $25 service charge for this "first tine" opportunity to change the use to be authorized for the coming year. When under an AMP, an application for change outside the specified In those regions where year-round public land grazing is practiced, the year will be divided administratively in half. This is to provide the opportunity for a twice-a-year adjustment in authorized numbers without a $25 service charge. Any livestock forage which becomes available due to a requested change from the use designated on the permit may be allocated at the discretion of the authorized officer to any qualified person by noarenewable permit for the period during which the change was requested by the original permittee. 4570 Closures to Livestock In unusual circumstances, such as range drought or wildfire, it may be necessary to temporarily close a grazing area to use by livestock to protect the resource. Widespread notice of a closure will be made to provide a reasonable time period for animal removal.. Such closures are interim in nature and have no effect on the grazing preference of the users. 53-644 - 75 - 10 Encl. 3-17 4580 Range Improvements BLM's resource planning system will identify the role of the resource use activities for a specific area and it will define the various use conflicts and constraints for such activities. The planning data will also portray the specific projects or the type of facilities, structures or land treatments, if any, to be considered or developed. As a matter of policy, private investment is allowable but will be predicated on the planning dictates for the area. The construction of livestock management facilities, and in certain cases land treatment, that has been identified in the planning process will be authorized where there is a desire by the users to expend their own funds to further management efforts. Such improvement standards and specifications must be consistent with national environmental policy and completed BLM land use plans where they exist. Improvements authorized must meet the same environmental and engineering standards as those constructed solely by BLM. Cooperative agreements which place title in the U.S. will normally be utilized. Work authorized under cooperative agreement may provide for all costs to be paid by the users or may provide for a predetermined cost-share arrangement between the users and BLM. Section 4 and 15 permits which place title in the permittee may be used in those circumstances where there are no Federal funds available and the applicant is willing to provide total funding and he agrees to stipulations of the permit which will assure that multiple-use benefits will be realized. It is preferred that all planning for an area be completed before approval is given on a request to construct management or development facilities. However, there will be situations where the resource planning has not yet been done. Cooperative agreements or permits may be issued after an environmental analysis through the normal annual work plan process. Where planning has not been completed, special stipulations, along with all of the necessary environmental and engineering requirements, will be made a part of the authorization. These special stipulations will provide for modification or removal of the improvement if incompatible with the land use plan adopted for the area. In livestock water base areas, facilities necessary for the proper development and use of the base property on public land such as windmills, wells, pumps, storage tanks, and reservoirs may be authorized by permit which vests title with the private individual. In water base areas, the existence of a valid authorization for a water development constitutes control of water property for purposes of meeting qualification requirements. Encl. 3-18 Construction authorization will contain those standards and condieemed necessary to protect public values, health and safety. are a number of existing agreements or permits which authorized struction of range improvements. In those instances where the ment constructed seriously damages environmental values, a modion in the project will be requested to reflect needed changes. the improvement is no longer needed, or the requested change st be made by the user, the authorizing document will be canand time allowed for salvage of material. and compensation is consistent with the present regulations wides for compensation for equity in improvements when a public isposal occurs. art also simplifies procedures for recording interest and obli- nits. Encl. 3-19 4600 UNAUTHORIZED USE 4610 Notice Upon discovery of unauthorized grazing use and identification of the livestock owner, a personal or certified notice will be served. Such notice will provide a reasonable period in which to remove the animals from the public lands and to make settlement, or to show that there had been no violation. 4630 Settlement Settlement amounts will be computed on two or three different factors depending upon whether any appreciable damage has occurred to public land and property. Regardless of the time period of an established unauthorized use, a per head base charge, regardless of age, is to be assessed. In addition, the AUM cash rental value on private land, as published by USDA, is to be charged. Damages, if any, are to be applied as an addiFor example, the owner of 12 unauthorized cattle for a 10-day period would be billed a $60 base charge plus 4 AUM's at $4.57 (present rate), for a total of $78.28 (with no damages). tional assessment. If unauthorized livestock are not timely removed from the public lands, they may be impounded and the costs for such gathering and caring added to the costs outlined above as settlement charges. When the livestock have been removed but no satisfactory settlement has been made for the unauthorized use, a demand letter is to be sent which sets a date after which other action may be taken. A grazing permittee who has not made satsifactory settlement will jeopardize his permit. A nonpermittee who has not made satisfactory settlement is subject to action by the Department of Justice. Encl. 3-20 |