(b) Upon notice from the BLM, cooperator(s) will promptly supply labor,
materials, and equipment as specied in paragraph 3 (a) as required.
Contributed materials in excess of the amount required must be returned to
the contributor. Equipment contributed must be returned promptly following
completion of the work. Work will be conducted under the supervision and
direction of the BLM and must be pursued with
diligence until completed.
4. (a) The cooperator(s) will be liable, jointly and severally, for the repair
and maintenance of the improvements following completion, in good and
serviceable condition. The cooperator(s), without further notice from the
BLM must do the necessary work promptly. If work is not performed as
necessary, the BLM will notify the cooperator(s) and specify a period within
which to complete the work as required.
(b) In the event the cooperator(s) default in the repair and maintenance
of the improvements the BLM may do or cause such work to be done for
and on behalf of the cooperator (s); and the necessary cost and expense
thereof will become a charge and obligation upon and must be paid by the
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
any transfer of grazing preference may not be approved unless and until all
charges and costs owed by the cooperator(s) are paid; and provided that the
BLM may pursue such other remedies, legal or administrative, as may be
authorized.
(c) Repair and maintenance, as herein required, will mean normal
upkeep and maintenance necessary to preserve, protect, and prolong the
useful life of the improvements, but will not include major repairs where
the damage is due to oods, earthquakes, or other acts of God, or re not the
result of fault or negligence of the cooperator(s) as determined by the BLM.
5. IT IS FURTHER AGREED
(a) This agreement does not convey right, title, or interest in any lands
or resources held by the United States.
(b) Title to permanent or nonstructural improvements authorized by this
agreement is held by the United States of America. The actual amount of the
cooperator’s(s’) funds, materials, and the value of the labor contributed to
the construction of the range improvement(s) authorized by this agreement is
listed in Section 3 of this agreement and documents their respective interest
in the agreement.
(c) The improvements may be removed, in whole or in part, during
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
cooperator(s), or by the BLM at its option. During the course of salvaging
material, the United States assumes no responsibility for the protection or
preservation of said material. Upon removal of the improvements, any
salvageable materials, after deducting an amount to compensate for the
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
respective contributions to the initial construction of the improvements.
The parties must take possession and remove their portion of the salvaged
materials within one hundred and eighty (180) days after rst notication
in writing that such material is available; upon failure to do so within the
(d) In the event lands containing improvements described under (b) above
are devoted to another public purpose which precludes grazing, including
disposal, the cooperator(s) will be entitled to reasonable compensation for
the adjusted value of the cooperator’s(s’) interest to the improvements.
6. Applications by the cooperators(s) to transfer the grazing preference and/
or permitted grazing use embracing the lands upon which the improvements
are constructed or in connection with which they are used, will evidence
assignment of interest in this Cooperative Agreement to the transferee.
[Before the transferee will be recognized as successor in interest hereunder,
the transferee will be required by the BLM to accept an assignment of this
agreement and agree to be bound by the provisions respecting the use and
maintenance of the improvements.]
7. The cooperator’s(s’) use of the improvements will be in conformance
with any special conditions, the grazing permit(s) or lease(s), and regulations
of the Secretary of the Interior.
8. This agreement will not accord to cooperator(s) any preference,
privilege, or consideration with respect to any grazing permit or lease not
expressly provided herein or in the rules and regulations governing such
grazing permit or lease.
9. Items 2, 3, and 4 (a) of this agreement may be modied or canceled by
written agreement of the parties, which agreement will become a part hereof.
10. This agreement is subject to the provisions of Executive Order
No. 11246 of September 24, 1965, as amended, which sets forth the
nondiscrimination clauses. A copy of this order may be obtained from the
BLM.
11. This agreement will remain in effect indenitely from date of signature
unless (1) otherwise designated under item 14. Special Conditions, or (2)
terminated by mutual written consent of parties, or (3) terminated by the BLM
after notice in writing because of the cooperator’s(s’) default or violation (4)
terminated by the BLM after notice in writing because the improvements are
not compatible with adopted land use plans, or (5) terminated renegotiated,
or modied by the BLM following consultation with the parties involved, as
a result of changes in the law, regulation, or national BLM policy.
12. Any water right acquired o n or after August 21, 1995 to use water
on public lands associated with this improvement will be held in the name
of the United States, if permitted under State Law. Co-application or joint
ownership by permittees or lessees of water rights for purposes of livestock
water will be allowed where State Law permits the practice.
13. Any water developed, improved, or impounded under this cooperative
agreement will be available for wildlife and free roaming wild horse and
burro use and other authorized public use to the extent that such use is
consistent with the multiple-use management objectives for the area.
time allowed, the materials will be deemed abandoned and title thereto will
thereupon vest in the United States.
(Continued on page 3) (Form 4120-6, page 2)
