43 CFR § 4170.1-2 - Failure to use.

---
identifier: "/us/cfr/t43/s4170.1-2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 4170.1-2 - Failure to use."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "4170.1-2"
section_name: "Failure to use."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "D"
subchapter_name: "RANGE MANAGEMENT (4000)"
part_number: "4100"
part_name: "GRAZING ADMINISTRATION—EXCLUSIVE OF ALASKA"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "43 U.S.C. 315, 315a-315r, 1181d, 1740."
regulatory_source: "43 FR 29067, July 5, 1978, unless otherwise noted."
cfr_part: "4100"
---


# 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]