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e-CFR data is current as of November 25, 2020

Title 43Subtitle BChapter IISubchapter D → Part 4300


Title 43: Public Lands: Interior


PART 4300—GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL


Contents

General Information

General Information

§4300.1   What is a reindeer?
§4300.2   Is there a special form for my application?

Before You Apply for a Reindeer Grazing Permit

§4300.10   On what types of public land can I obtain a reindeer grazing permit?
§4300.11   Who qualifies to apply for a permit?
§4300.12   What is the definition of a Native?

Applying for a Grazing Permit

§4300.20   How do I apply for a permit?
§4300.21   What must I include in my application?
§4300.22   What fees must I pay?
§4300.23   After I file my application, can I use the land before BLM issues my permit?
§4300.24   Does my filed application mean that no one else can file an application?
§4300.25   Does my filed application mean I will automatically receive a permit?

Protests Against a Grazing Permit Application

§4300.30   Can someone else protest my permit application?

Conditions of Your Approved Permit

§4300.40   How long can I graze reindeer with my permit?
§4300.41   What will the permit say about the number of reindeer and where I can graze them?
§4300.42   If I have existing improvements on the land, will these be allowed in the initial permit?
§4300.43   What should I do if I want to construct and maintain improvements on the land?
§4300.44   Are there any major restrictions on my grazing permit that I might otherwise think are allowed?
§4300.45   Must I submit any reports?

Changes That Can Affect Your Permit

§4300.50   Are there other uses of the land that may affect my permit?
§4300.51   Will I be notified if another use, disposal, or withdrawal occurs on the land?
§4300.52   Can other persons use the land in my permit for mineral exploration or production?

Changes in the Size of the Permit Area

§4300.53   Can BLM reduce the size of the land in my permit?
§4300.54   Can BLM increase the size of the land in my permit?
§4300.55   What if I don't agree with an adjustment of my permit area?

Permit Renewals

§4300.57   How do I apply for a renewal of my permit?
§4300.58   Will the renewed permit be exactly the same as the old permit?

Assigning Your Permit to Another Party

§4300.59   If I want to assign my permit to another party, when must I notify BLM?
§4300.60   What must be included in my assignment document?
§4300.61   Can I sublease any part of the land in my permit?

Closing Out Your Permit

§4300.70   May I relinquish my permit?
§4300.71   Under what circumstances can BLM modify, reduce or cancel my permit?
§4300.72   May I remove my personal property or improvements when the permit expires or terminates?

Reindeer Crossing Permits

§4300.80   How can I get a permit to cross reindeer over public lands?

Trespass

§4300.90   What is a trespass?

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General Information

Authority: 25 U.S.C. 500k, and 43 U.S.C. 1701 et seq.

Source: 63 FR 55550, Oct. 16, 1998, unless otherwise noted.

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General Information

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§4300.1   What is a reindeer?

Reindeer, Rangifer tarandus, are a semi-domesticated member of the deer family, Cervidae. They are essentially the same animal as their wild cousins, the caribou, but tend to be smaller than caribou. Reindeer and caribou are different subspecies of the same family, genus, and species. The term “reindeer” includes caribou that have been introduced into animal husbandry or have joined reindeer herds, the offspring of these caribou, and the offspring of reindeer.

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§4300.2   Is there a special form for my application?

All applications you submit to BLM must be on a BLM-approved form and in duplicate. The forms to be used in this part are the Grazing Lease or Permit Application (Form 4201-1), the Reindeer Grazing Permit (Form 4132-2), and the Range Improvement Permit (Form 4120-7).

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Before You Apply for a Reindeer Grazing Permit

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§4300.10   On what types of public land can I obtain a reindeer grazing permit?

(a) You may apply for public lands that are vacant and unappropriated.

(b) You may apply for public lands which have been withdrawn for any purpose, but the Department or agency with administrative jurisdiction of the withdrawn lands must give its prior consent, and may impose terms or conditions on the use of the land.

(c) If the lands you apply for are within natural caribou migration routes, or if they have other important values for wildlife, BLM will consult with the Alaska Department of Fish and Game before issuing a permit. BLM may include such lands in a permit at its discretion, and a permit will contain any special terms and conditions to protect wildlife resources.

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§4300.11   Who qualifies to apply for a permit?

Natives, groups, associations or corporations of Natives as defined by the Act of September 1, 1937 (50 Stat. 900) qualify. If you are a Native corporation, you must be organized under the laws of the United States or the State of Alaska. Native corporations organized under the Alaska Native Claims Settlement Act also qualify.

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§4300.12   What is the definition of a Native?

Natives are:

(a) Native Indians, Eskimos, and Aleuts of whole or part blood living in Alaska at the time of the Treaty of Cession of Alaska to the United States, and their descendants of whole or part blood; and

(b) Indians and Eskimos who, between 1867 and September 1, 1937, migrated into Alaska from Canada, and their descendants of whole or part blood.

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Applying for a Grazing Permit

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§4300.20   How do I apply for a permit?

You must execute a completed application for a grazing permit (Form 4201-1) and file it in the BLM office with jurisdiction over the lands for which you are applying.

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§4300.21   What must I include in my application?

(a) You must include a certification of reindeer allotment to you, signed by the Bureau of Indian Affairs, if you are to receive a herd from the Government. If you obtain reindeer from a source other than the Government, you should state the source and show evidence of purchase or option to purchase.

(b) Your initial application must list the location of and describe the improvements you own in the application area. You must have this statement verified by the Bureau of Indian Affairs before you submit it to BLM.

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§4300.22   What fees must I pay?

You must pay a $10 filing fee with each application. No grazing fee will be charged.

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§4300.23   After I file my application, can I use the land before BLM issues my permit?

No. You cannot use the land until BLM issues you a permit. Generally, BLM will issue a permit within 120 days after receiving an application and will keep you informed if there are delays in meeting that timeframe.

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§4300.24   Does my filed application mean that no one else can file an application?

No. The filing of your application will not segregate the land. Anyone else may file an application and BLM may dispose of the lands under the public land laws.

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§4300.25   Does my filed application mean I will automatically receive a permit?

No. BLM issues grazing permits at its discretion. Our decisionmaking is based on resource management guidelines developed in land use plans and in consultation with other State and Federal resource management agencies.

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Protests Against a Grazing Permit Application

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§4300.30   Can someone else protest my permit application?

(a) Yes, anyone may file a protest with BLM. The protest does not have to be in a particular format nor on a BLM-approved form but it must:

(1) Be filed in duplicate with BLM;

(2) Contain a complete description of all facts upon which it is based;

(3) Describe the lands involved; and

(4) Be accompanied by evidence of service of a copy of the protest on the applicant.

(b) If the person protesting also wants a grazing permit for all or part of the land described in the protested application, the protest must be accompanied by a grazing permit application.

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Conditions of Your Approved Permit

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§4300.40   How long can I graze reindeer with my permit?

BLM issues permits for a maximum of 10 years, except when you request a shorter term, or when BLM determines that a shorter period is in the public interest. The issued permit will specify the number of years you can graze reindeer.

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§4300.41   What will the permit say about the number of reindeer and where I can graze them?

(a) The permit will indicate the maximum number of reindeer you can graze on the permit area based on range conditions. BLM can adjust this number if range conditions change, as for example, by natural causes, overgrazing, or fire.

(b) The permit will restrict grazing to a definitely described area which BLM feels is usable and adequate for your needs.

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§4300.42   If I have existing improvements on the land, will these be allowed in the initial permit?

Yes, any improvements existing on the land will be allowed.

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§4300.43   What should I do if I want to construct and maintain improvements on the land?

(a) You should file an application (Form 4120-7) with BLM for a permit to do this. A permit will allow you to construct, maintain, and use any fence, building, corral, reservoir, well or other improvement needed for grazing under the grazing permit; and

(b) You must comply with Alaska state law in the construction and maintenance of fences, but any fence must be constructed to permit ingress and egress of miners, mineral prospectors, and other persons entitled to enter the area for lawful purposes.

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§4300.44   Are there any major restrictions on my grazing permit that I might otherwise think are allowed?

Yes. You must not:

(a) Enclose roads, trails and highways as to disturb public travel there;

(b) Interfere with existing communication lines or other improvements;

(c) Prevent legal hunting, fishing or trapping on the land;

(d) Prevent access by persons, such as miners and mineral prospectors, entitled to lawfully enter; or

(e) Graze reindeer without complying with applicable State and Federal laws on livestock quarantine and sanitation.

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§4300.45   Must I submit any reports?

Yes. Before April 1 of the second permit year and each year afterwards, you must submit a report in duplicate to BLM which describes your grazing operations during the preceding year. Reports do not have to be on a BLM-approved form nor in a particular format.

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Changes That Can Affect Your Permit

Other Uses of the Land

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§4300.50   Are there other uses of the land that may affect my permit?

Yes. The lands described in your grazing permit and the subsurface can be affected by uses that BLM considers more important than grazing. Your permit can be modified or reduced in size or canceled by BLM to allow for:

(a) Protection, development and use of the natural resources, e.g., minerals, timber, and water, under applicable laws and regulations;

(b) Agricultural use;

(c) Applications for and the acquisition of homesites, easements, permits, leases or other rights and uses, or any disposal or withdrawal, under the applicable public land laws; or

(d) Temporary closing of portions of the permitted area to grazing whenever, because of improper handling of reindeer, overgrazing, fire or other cause, BLM judges this necessary to restore the range to its normal condition.

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§4300.51   Will I be notified if another use, disposal, or withdrawal occurs on the land?

Yes. If there is a settlement, location, entry, disposal, or withdrawal on any lands described in your permit, BLM will notify you and will reduce your permit area by the amount of the area involved.

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§4300.52   Can other persons use the land in my permit for mineral exploration or production?

Yes. Unless the land is otherwise withdrawn, the land in your permit is subject to lease or leasing under the mineral leasing laws and under the Geothermal Steam Act, and mineral materials disposal under the Materials Act. Also, it can be prospected, located, and purchased under the mining laws and applicable regulations at 43 CFR Group 3800.

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Changes in the Size of the Permit Area

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§4300.53   Can BLM reduce the size of the land in my permit?

Yes. BLM may reduce it at any time but must notify you at least 30 days before taking this action. BLM can reduce the area when:

(a) BLM determines that the area is too large for the number of reindeer you are grazing; or

(b) When disposal, withdrawal, natural causes, such as drought or fire, or any other reason in §4300.50 so requires.

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§4300.54   Can BLM increase the size of the land in my permit?

Yes. BLM may increase the area on its own initiative or by your request if BLM determines that the area is too small for the number of reindeer you are grazing. BLM will give you at least 30 days' notice of this action.

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§4300.55   What if I don't agree with an adjustment of my permit area?

You must contact BLM within the notice period to show cause why the area should not be adjusted. After the BLM field office manager makes a decision on the adjustment, you have the right to appeal that decision to the Interior Board of Land Appeals (IBLA) under 43 CFR part 4. The IBLA makes the final decision.

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Permit Renewals

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§4300.57   How do I apply for a renewal of my permit?

You must submit an application for renewal, using the same form as the original application, between four and eight months before the permit expires. A $10 filing fee must accompany the application.

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§4300.58   Will the renewed permit be exactly the same as the old permit?

At its discretion, BLM may offer you a renewed grazing permit with such terms, conditions, and duration that it determines are in the public interest.

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Assigning Your Permit to Another Party

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§4300.59   If I want to assign my permit to another party, when must I notify BLM?

You must file a proposed assignment of your permit, in whole or in part, in duplicate with BLM within 90 days of the assignment execution date. No particular format is required. The assignment is effective when BLM approves it.

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§4300.60   What must be included in my assignment document?

Assignments must contain:

(a) All terms and conditions agreed to by the parties;

(b) A showing under §§4300.11 and 4300.12 that the assignee is qualified to hold a permit;

(c) A showing under §4300.21(a) regarding a reindeer allotment; and

(d) The assignee's statement agreeing to be bound by the provisions of the permit.

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§4300.61   Can I sublease any part of the land in my permit?

No.

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Closing Out Your Permit

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§4300.70   May I relinquish my permit?

Yes. You may relinquish the permit by filing advance written notice with BLM. Your relinquishment will be effective on the date you indicate, as long as it is at least 30 days after the date you file.

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§4300.71   Under what circumstances can BLM modify, reduce or cancel my permit?

(a) BLM may cancel the permit if:

(1) BLM issued it improperly through error as to a material fact;

(2) You fail to comply with any of the provisions of the permit or the regulations of this part; or

(3) Disposal, withdrawal, natural causes, such as drought or fire, or any other reason in §4300.50 so requires.

(b) BLM will not cancel the permit for failure to comply until BLM has notified you in writing of the nature of your noncompliance, and you have been given at least 30 days to show why BLM should not cancel your permit.

(c) BLM may modify or reduce a permit in accordance with §4300.50.

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§4300.72   May I remove my personal property or improvements when the permit expires or terminates?

(a) Yes. Within 90 days of the expiration or termination of the grazing permit, or within any extension period, you may remove all your personal property and any removable range improvements you own, such as fences, corrals, and buildings.

(b) Property that is not removed within the time allowed will become property of the United States.

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Reindeer Crossing Permits

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§4300.80   How can I get a permit to cross reindeer over public lands?

(a) BLM may issue a crossing permit free of charge when you file an application with BLM at least 30 days before the crossing is to begin. Lands crossed may include lands under a grazing permit.

(b) The application does not have to be on a BLM-approved form nor in a particular format, but it must show:

(1) The number of reindeer to be driven;

(2) The start date;

(3) The approximate period of time required for the crossing; and

(4) The land to be crossed.

(c) You must comply with applicable State and Federal laws on livestock quarantine and sanitation when crossing reindeer on public land.

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Trespass

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§4300.90   What is a trespass?

(a) A trespass is any use of Federal land for reindeer grazing purposes without a valid permit issued under the regulations of this part; a trespass is unlawful and is prohibited.

(b) Any person who willfully violates the regulations in this part will be deemed guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $500.

Group 4600—Leases

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