BLM Livestock Grazing Ephemeral Range Rules

Arizona, California, and Nevada

Published in the Federal Register, Vol. 33, No. 238, Saturday, December 7, 1968, in accordance with 43 CFR 4115.2.

In accordance with 43 CFR 4115.2-4 regarding special rules for grazing districts and pursuant to the receipt of recommendations of the State Directors for Arizona, California, and Nevada, and a factual showing of its necessity, a special rule for range designated as ephemeral is hereby approved.

Ephemeral (annual) ranges lie within the general southwest desert region extending primarily into southern Arizona, southern California, and southern Nevada, and which include portions of the Mojave, Sonoran, and Chihuahuan deserts. The region is characterized by desert type vegetation, some of which may be classed as ephemeral only. Ephemeral range does not consistently produce forage, but periodically provides annual vegetation suitable for livestock grazing. In years of abundant moisture and other favorable climatic conditions, a large amount of forage may be produced. Favorable years are highly unpredictable and the season is usually short-lived. Ephemeral areas fall generally below the 3,200-foot contour and below the 8-inch precipitation isoline. A minor percentage of the total plant composition is made up of desirable perennial forage plants, and potential to improve range condition and produce a dependable supply of forage by applying intensive management practices is lacking.

Because of the unique characteristics of ephemeral range the following special rule shall apply as follows:

Applicable allotments or use areas shall be formally designated by the District Manager as ephemeral range.

An annual application by qualified licensees or permittees is not required unless grazing use is desired. On a year to year basis whenever forage exists or climatic conditions indicate the probability of an ephemeral forage crop, livestock grazing may be authorized upon application, pursuant to any management requirements for the allotment.

Use of base property (water base) during nonforage years is not feasible or economical, and no use of base properties is required except during those periods when ephemeral forage is available and livestock grazing occurs.

Therefore:

An annual application, per 43 CFR 4115.2-1(e)(9), is not required unless grazing use is desired.

Grazing capacity, per 43 CFR 4115.2-1(e)(3), may be based on a reasonable potential for forage.

Substantial use of grazing privileges, per 43 CFR 4115.2-1(e)(10), is not required.

A year-round operation, per 43 CFR 4115.2-1(e)(1), is not required.

Substantial use of base property, per 43 CFR 4115.2-1(e)(7), is not required.

This special rule shall immediately apply to the Phoenix, Safford, and St. George Districts in Arizona, the Bakersfield District in California, and the Las Vegas District in Nevada, upon recommendation for adoption in the District by the respective District Advisory Board and concurrence by the State Director.