43 C.F.R. Subpart 4170—Penalties
Title 43 - Public Lands: Interior
Title 43: Public Lands: Interior
PART 4100—GRAZING ADMINISTRATION—EXCLUSIVE OF ALASKA
Subpart 4170—Penalties
§ 4170.1 Civil penalties.
§ 4170.1-1 Penalty for violations.
(a) The authorized officer may withhold issuance of a grazing permit or lease, or suspend the grazing use authorized under a grazing permit or lease, in whole or in part, or cancel a grazing permit or lease and grazing preference, or a free use grazing permit or other grazing authorization, in whole or in part, under subpart 4160 of this title, for violation by a permittee or lessee of any of the provisions of this part.
(b) The authorized officer shall suspend the grazing use authorized under a grazing permit, in whole or in part, or shall cancel a grazing permit or lease and grazing preference, in whole or in part, under subpart 4160 of this title for repeated willful violation by a permittee or lessee of §4140.1(b)(1) of this title.
(c) Whenever a nonpermittee or nonlessee violates §4140.1(b) of this title and has not made satisfactory settlement under §4150.3 of this title the authorized officer shall refer the matter to proper authorities for appropriate legal action by the United States against the violator.
(d) Any person found to have violated the provisions of §4140.1(a)(6) after August 21, 1995, shall be required to pay twice the value of forage consumed as determined by the average monthly rate per AUM for pasturing livestock on privately owned land (excluding irrigated land) in each State as supplied annually by the National Agricultural Statistics Service, and all reasonable expenses incurred by the United States in detecting, investigating, and resolving violations. If the dollar equivalent value is not received by the authorized officer within 30 days of receipt of the final decision, the grazing permit or lease shall be cancelled. Such payment shall be in addition to any other penalties the authorized officer may impose under paragraph (a) of this section.
[46 FR 5792, Jan. 19, 1981, as amended at 50 FR 45827, Nov. 4, 1985; 60 FR 9969, Feb. 22, 1995]
§ 4170.1-2 Failure to use.
If a permittee or lessee has, for 2 consecutive grazing fee years, failed to make substantial use as authorized in the lease or permit, or has failed to maintain or use water base property in the grazing operation, the authorized officer, after consultation, cooperation, and coordination with the permittee or lessee and any lienholder of record, may cancel whatever amount of active use the permittee or lessee has failed to use.
[71 FR 39508, July 12, 2006]
§ 4170.2 Penal provisions.
§ 4170.2-1 Penal provisions under the Taylor Grazing Act.
Under section 2 of the Act any person who willfully commits an act prohibited under §4140.1(b), or who willfully violates approved special rules and regulations is punishable by a fine of not more than $500.
[60 FR 9969, Feb. 22, 1995]
§ 4170.2-2 Penal provisions under the Federal Land Policy and Management Act.
Under section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), any person who knowingly and willfully commits an act prohibited under §4140.1(b) or who knowingly and willfully violates approved special rules and regulations may be brought before a designated U.S. magistrate and is punishable by a fine in accordance with the applicable provisions of Title 18 of the United States Code, or imprisonment for no more than 12 months, or both.
[60 FR 9969, Feb. 22, 1995]
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