{ "id": "RL31081", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31081", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 101070, "date": "2001-08-14", "retrieved": "2016-05-24T20:21:43.914941", "title": "Impoundment and Sale of Cattle Trespassing on Federal Public Lands", "summary": "Several instances have occurred recently in several states where Bureau of Land Management\n(BLM)\npersonnel have impounded and sold cattle belonging to a federal grazing permittee or other owner\nwhen the cattle were grazing on federal lands without authorization to do so -- which is to say, when\nthe cattle were trespassing on the federal lands. The impoundment and sale of cattle from the public\nlands may become the subject of congressional interest and oversight.\n The Federal Land Policy Management Act of 1976 for the first time provided general authority\nfor designated BLM personnel to undertake law enforcement activities, but at the same time the\nagency was to achieve maximum feasible reliance on state and local law enforcement officials for\nenforcement of federal laws and regulations on the federal lands. In addition, the agency was to\ncooperate with state and local officials in enforcing state and local law on the BLM-managed lands. \nRegulations authorize the impoundment of offending cattle by an \"authorized officer,\" which term\nis defined as any person authorized by the Secretary to administer grazing regulations. This authority\nmay reflect the statutory duty to prevent undue degradation of the lands and the duty of a landowner\nto minimize harm from trespasses. Following impoundment, cattle may be disposed of, either by\nthe local officials if a suitable agreement is in effect and they have taken the enforcement action, or\nby the authorized officer if no suitable agreement is in effect or the BLM manager chooses to act. \nThe terms of disposal, sale and redemption rights are governed in part by the federal regulations, and\nin part by state law to the extent federal law and regulations are silent on an issue or local officials\nare carrying out those actions. Additional guidance is provided in the BLM Grazing Handbook. \n This report explores the authority of BLM personnel regarding unauthorized cattle by reviewing\nthe statutory authorities of BLM over the federal rangelands under its administration, and the\nregulations and administrative materials implementing those authorities in the context of grazing,\ntrespass, impoundment and sale of unauthorized livestock. The report will be updated as\ncircumstances warrant.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31081", "sha1": "93d35300907cc48734752d1787d6e5744d70e447", "filename": "files/20010814_RL31081_93d35300907cc48734752d1787d6e5744d70e447.pdf", "images": null }, { "format": "HTML", "filename": "files/20010814_RL31081_93d35300907cc48734752d1787d6e5744d70e447.html" } ], "topics": [] } ], "topics": [ "American Law" ] }