---
kind: "section"
citation: "43 C.F.R. § 4140.1"
title: "43"
number: "4140.1"
heading: "Acts prohibited on public lands."
url: "https://uscodex.org/cfr/43/4140.1"
---

# §4140.1. Acts prohibited on public lands.

- (a) Grazing permittees or lessees performing the following prohibited acts may be subject to civil penalties under [§ 4170.1](/cfr/43/4170.1.md):
  - (1) Violating special terms and conditions incorporated in permits or leases;
  - (2) Failing to make substantial grazing use as authorized by a permit or lease for 2 consecutive fee years. This does not include approved temporary nonuse or use temporarily suspended by the authorized officer;
  - (3) Placing supplemental feed on these lands without authorization, or contrary to the terms and conditions of the permit or lease;
  - (4) Failing to comply with the terms, conditions, and stipulations of cooperative range improvement agreements or range improvement permits;
  - (5) Refusing to install, maintain, modify, or remove range improvements when so directed by the authorized officer.
  - (6) **Unauthorized leasing or subleasing as defined in this part.**
- (b) Persons performing the following prohibited acts on BLM-administered lands are subject to civil and criminal penalties set forth at §§ [4170.1](/cfr/43/4170.1.md) and [4170.2](/cfr/43/4170.2.md):
  - (1) Allowing livestock or other privately owned or controlled animals to graze on or be driven across these lands:
    - (i) Without a permit or lease or other grazing use authorization (see [§ 4130.6](/cfr/43/4130.6.md)) and timely payment of grazing fees;
    - (ii) In violation of the terms and conditions of a permit, lease, or other grazing use authorization including, but not limited to, livestock in excess of the number authorized;
    - (iii) In an area or at a time different from that authorized; or
    - (iv) Failing to comply with a requirement under [§ 4130.7(c)](/cfr/43/4130.7.md?p=c) of this title.
  - (2) Installing, using, maintaining, modifying, and/or removing range improvements without authorization;
  - (3) Cutting, burning, spraying, destroying, or removing vegetation without authorization;
  - (4) Damaging or removing U.S. property without authorization;
  - (5) Molesting, harassing, injuring, poisoning, or causing death of livestock authorized to graze on these lands and removing authorized livestock without the owner's consent;
  - (6) Littering;
  - (7) Interfering with lawful uses or users including obstructing free transit through or over public lands by force, threat, intimidation, signs, barrier or locked gates;
  - (8) Knowingly or willfully making a false statement or representation in base property certifications, grazing applications, range improvement permit applications, cooperative range improvement agreements, actual use reports and/or amendments thereto;
  - (9) Failing to pay any fee required by the authorized officer pursuant to this part, or making payment for grazing use of public lands with insufficiently funded checks on a repeated and willful basis;
  - (10) Failing to reclaim and repair any lands, property, or resources when required by the authorized officer;
  - (11) **Failing to reclose any gate or other entry during periods of livestock use.**
- (c)
  - (1) A grazing permittee or lessee performing any of the prohibited acts listed in paragraphs [(c)(2)](#c-2) or [(c)(3)](#c-3) of this section on an allotment where he is authorized to graze under a BLM permit or lease may be subject to the civil penalties set forth at [§ 4170.1-1](/cfr/43/4170.1-1.md), if:
    - (i) The permittee or lessee performs the prohibited act while engaged in activities related to grazing use authorized by his permit or lease;
    - (ii) The permittee or lessee has been convicted or otherwise found to be in violation of any of these laws or regulations by a court or by final determination of an agency charged with the administration of these laws or regulations; and
    - (iii) **No further appeals are outstanding.**
  - (2) **Violation of Federal or state laws or regulations pertaining to the—**
    - (i) Placement of poisonous bait or hazardous devices designed for the destruction of wildlife;
    - (ii) Application or storage of pesticides, herbicides, or other hazardous materials;
    - (iii) Alteration or destruction of natural stream courses without authorization;
    - (iv) Pollution of water sources;
    - (v) Illegal take, destruction, or harassment, or aiding and abetting in the illegal take, destruction, or harassment of fish and wildlife resources; and
    - (vi) **Illegal removal or destruction of archaeological or cultural resources.**
  - (3)
    - (i) Violation of the Bald and Golden Eagle Protection Act ([16 U.S.C. 668](/usc/16/668.md) et seq.), ESA ([16 U.S.C. 1531](/usc/16/1531.md) et seq.), or any provision of [part 4700](/cfr/43/part4700.md) of this chapter concerning the protection and management of wild free-roaming horses and burros; or
    - (ii) Violation of State livestock laws or regulations relating to the branding of livestock; breed, grade, and number of bulls; health and sanitation requirements; and violating State, county, or local laws regarding the straying of livestock from permitted public land grazing areas onto areas that have been formally closed to open range grazing.

## Notes

### Amendments

[43 FR 29067, July 5, 1978, as amended at 46 FR 5790, Jan. 19, 1981; 47 FR 41712, Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984; 50 FR 45827, Nov. 4, 1985; 53 FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988; 60 FR 9968, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39507, July 12, 2006]

### Authority

Authority: 43 U.S.C. 315, 315a-315r, 1181d, 1740.

### Source

Source: 43 FR 29067, July 5, 1978, unless otherwise noted.

### Amendments

[48 FR 40890, Sept. 12, 1983]

### Amendments

[43 FR 29067, July 5, 1978, as amended at 46 FR 5790, Jan. 19, 1981; 47 FR 41712, Sept. 21, 1982; 49 FR 6454, Feb. 21, 1984; 50 FR 45827, Nov. 4, 1985; 53 FR 10235, Mar. 29, 1988; 53 FR 22326, June 15, 1988; 60 FR 9968, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39507, July 12, 2006]