Fillable Form 4120-6 - Cooperative Range Improvement Agreement (Page 2 of 4) in pdf

(b) Upon notice from the BLM, cooperator(s) will promptly supply labor,

time allowed, the materials will be deemed abandoned and title thereto will

materials, and equipment as specified in paragraph 3 (a) as required.

thereupon vest in the United States.

Contributed materials in excess of the amount required must be returned to

(d) In the event lands containing improvements described under (b) above

the contributor. Equipment contributed must be returned promptly following

are devoted to another public purpose which precludes grazing, including

completion of the work. Work will be conducted under the supervision and

disposal, the cooperator(s) will be entitled to reasonable compensation for

direction of the BLM and must be pursued with

the adjusted value of the cooperator’s(s’) interest to the improvements.

diligence until completed.

6. Applications by the cooperators(s) to transfer the grazing preference and/

4. (a) The cooperator(s) will be liable, jointly and severally, for the repair

or permitted grazing use embracing the lands upon which the improvements

and maintenance of the improvements following completion, in good and

are constructed or in connection with which they are used, will evidence

serviceable condition. The cooperator(s), without further notice from the

assignment of interest in this Cooperative Agreement to the transferee.

BLM must do the necessary work promptly. If work is not performed as

[Before the transferee will be recognized as successor in interest hereunder,

necessary, the BLM will notify the cooperator(s) and specify a period within

the transferee will be required by the BLM to accept an assignment of this

which to complete the work as required.

agreement and agree to be bound by the provisions respecting the use and

(b) In the event the cooperator(s) default in the repair and maintenance

maintenance of the improvements.]

of the improvements the BLM may do or cause such work to be done for

7. The cooperator’s(s’) use of the improvements will be in conformance

and on behalf of the cooperator (s); and the necessary cost and expense

with any special conditions, the grazing permit(s) or lease(s), and regulations

thereof will become a charge and obligation upon and must be paid by the

of the Secretary of the Interior.

cooperator(s). It is further understood in case of default that any grazing

permit or lease may be canceled and may not be renewed or extended or

8. This agreement will not accord to cooperator(s) any preference,

any transfer of grazing preference may not be approved unless and until all

privilege, or consideration with respect to any grazing permit or lease not

charges and costs owed by the cooperator(s) are paid; and provided that the

expressly provided herein or in the rules and regulations governing such

BLM may pursue such other remedies, legal or administrative, as may be

grazing permit or lease.

authorized.

9. Items 2, 3, and 4 (a) of this agreement may be modified or canceled by

upkeep and maintenance necessary to preserve, protect, and prolong the

written agreement of the parties, which agreement will become a part hereof.

useful life of the improvements, but will not include major repairs where

the damage is due to floods, earthquakes, or other acts of God, or fire not the

10. This agreement is subject to the provisions of Executive Order

result of fault or negligence of the cooperator(s) as determined by the BLM.

No. 11246 of September 24, 1965, as amended, which sets forth the

nondiscrimination clauses. A copy of this order may be obtained from the

5. IT IS FURTHER AGREED

BLM.

(a) This agreement does not convey right, title, or interest in any lands

or resources held by the United States.

11. This agreement will remain in effect indefinitely from date of signature

(b) Title to permanent or nonstructural improvements authorized by this

unless (1) otherwise designated under item 14. Special Conditions, or (2)

agreement is held by the United States of America. The actual amount of the

terminated by mutual written consent of parties, or (3) terminated by the BLM

cooperator’s(s’) funds, materials, and the value of the labor contributed to

after notice in writing because of the cooperator’s(s’) default or violation (4)

the construction of the range improvement(s) authorized by this agreement is

terminated by the BLM after notice in writing because the improvements are

listed in Section 3 of this agreement and documents their respective interest

not compatible with adopted land use plans, or (5) terminated renegotiated,

in the agreement.

or modified by the BLM following consultation with the parties involved, as

a result of changes in the law, regulation, or national BLM policy.

the term of this agreement or any extension thereof, by mutual consent of

the parties or by direction of the BLM; such removal must be made by the

12. Any water right acquired o n or after August 21, 1995 to use water

cooperator(s), or by the BLM at its option. During the course of salvaging

on public lands associated with this improvement will be held in the name

material, the United States assumes no responsibility for the protection or

of the United States, if permitted under State Law. Co-application or joint

preservation of said material. Upon removal of the improvements, any

ownership by permittees or lessees of water rights for purposes of livestock

salvageable materials, after deducting an amount to compensate for the

water will be allowed where State Law permits the practice.

actual cost of removal, will be available for distribution to the parties

then subject to this agreement in proportion to the actual amount of their

13. Any water developed, improved, or impounded under this cooperative

respective contributions to the initial construction of the improvements.

agreement will be available for wildlife and free roaming wild horse and

The parties must take possession and remove their portion of the salvaged

burro use and other authorized public use to the extent that such use is

materials within one hundred and eighty (180) days after first notification

consistent with the multiple-use management objectives for the area.

in writing that such material is available; upon failure to do so within the

(Continued on page 3)

(Form 4120-6, page 2)

Form 4120-6 - Cooperative Range Improvement Agreement Page 2

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