Section 314 provides for the impounding of stock found grazing in trespass in a forest, but the last sentence provides that this section may be made inoperative by State law. Where the State law provides that the grazing of domestic stock on unfenced land does not constitute valid grounds for action to recover damages for trespass the proposed impounding law would not apply unless the national forest range were fenced. In short, this section would have the effect of nullfying the decision of the United States Supreme Court in the case of Light v. The United States, which held that under the Constitution Congress has the right to determine how the public lands shall be administered. It does not appeal to me to be the part of wisdom for Congress to waive this constitutional authority either in whole or in part.

TITLE IV.-STATE GRAZING BOARDS

This title contains eight sections and provides for the establishment of a board in each State to "be composed of three residents of the State appointed by the President, by and with the advice of the Senate, solely on the grounds of fitness to perform the duties of the office. and shall have practical knowledge of the range livestock industry."

As already explained under Title II, this board is authorized to pass upon all allocations of range and grazing preferences established on the public domain and from its decisions with respect thereto there is no appeal. It also is empowered to act as a board of appeals from any decision of the forest supervisor reducing the number of stock in a permit, changing the class of stock, or changing the area under permit, terminating any permit or contract before the expiration thereof, or refusing to regrant grazing privileges.

Section 407, paragraph (a), provides that an appeal from the decision of the board rendered under Title II may be made to the Secretary of the Interior, and under Title III to the Secretary of Agriculture, and the Secretary may affirm, reverse, or modify such decision. However, in this connection, it is of importance to again call attention to the fact that under Title II the allocation of the grazing privilege has so extended the jurisdiction of this grazing board that no appeals to the Secretary of the Interior will lie as to an allocation of range, and that under Title III, paragraph 3, of section 407, it is provided: "The findings of fact of the board, as set forth in the report of the board in such case, shall be prima facie evidence of the correctness of the facts so set forth." Under such a wording, as I understand it, if such a board reports that a given watershed is not being overgrazed and the forest injured, my decision must necessarily be consistent with that statement of fact, even though with my own eyes I found the forest being ruined, the watershed destroyed, and had personal knowledge that the facts were falsely reported. In my opinion, the establishment of such an extra departmental board, with such a prohibition against reasonable verification of the facts by the department head charged with responsibility for the protection of our forests and watersheds is fundamentally unsound.

After a thorough study of its provisions, it is my opinion that the measure as proposed is distinctly inimical to the primary purposes for which the national forests were established, and in the long run would be detrimental to the best interests of the livestock industry.

TITLE V.-MISCELLANEOUS PROVISIONS

This title contains four sections and provides that land located in grazing districts created under Title II shall not be subject to entry under the stockraising homestead law, but otherwise such land may be appropriated under any of the other public land provisions as before the establishment of the district. Other sections give directions for furnishing the grazing boards with supplies and assistance, but make no provision for appropriations therefor. The last section provides that this measure may be cited "The grazing act of 1926."

Since the measure purports to deal with the public lands which are under the jurisdiction of the Department of the Interior, your committee will no doubt wish to obtain the views of the Secretary of that department. In this connection your attention is called to the fact that under existing law the receipts from grazing on the national forests are ultimately distributed-25 per cent for the public road and school fund of the States and counties in which the national forests are located, 10 per cent for forest road and trail

construction, and 65 per cent goes into the Federal Treasury. This measure does not repeal that provision and if enacted into law, such distribution would continue; but no provision whatever is made for the disposal of any receipts which might be collected as grazing fees from the public domain under the provisions of Title II. If it is expected that this measure will actually be applied to any public lands, and that any moneys would be collected thereunder, your committee no doubt will wish to make some provision for the disposition of the receipts. You may also wish to make some provision for the authorization of appropriations to carry out the purposes of the measure. Otherwise, if enacted into law, that portion dealing with the public domain, at least, would be inoperative.

Upon reference of the matter to the Bureau of the Budget, as required by Circular No. 49 of that bureau, I am advised by the director, in a communication dated February 11, 1926, that the legislation proposed in S. 2584 would be in conflict with the President's financial program.

Sincerely yours,

W. M. JARDINE, Secretary.

On February 16, 1926, Hon. Hubert Work, Secretary of the Interior, and Hon. W. M. Jardine, submitted the following joint letter to Hon. Robert N. Stanfield, chairman Committee on Public Lands and Surveys of the United States Senate:

DEPARTMENT OF AGRICULTURE,
Washington, February 16, 1926.

Hon. ROBERT N. STANFIELD,

Chairman Committee on Public Lands and Surveys,

United States Senate.

DEAR SENATOR STANFIELD: The problem of regulating the use of grazing lands in the national forests and public domain, now under consideration by Congress in several aspects, is a problem which jointly concerns the Department of the Interior and the Department of Agriculture. The proper solution of these questions constitutes one of the major internal economic problems of the Nation. It involves the best use of approximately 90,000,000 acres of national forest and 185,000,000 acres of public lands, exclusive of Alaska. It involves the well-being of the livestock industry and affects the future development of western agriculture.

Under the authority contained in the basic law for the administration of national forests, the Department of Agriculture through the past 20 years has worked out a system for the regulated utilization of their range resources. The extension of regulated use to the nonforested, unreserved public lands has received the serious consideration of both departments for a number of years. While national forest ranges under regulated use have improved and permits to graze livestock thereon have become more valuable, the forage resources on the public lands under unregulated use have deteriorated and the benefits derived by the stock industry from these areas have dwindled.

One of the results of our study of these problems is the preparation of two bills embodying the fundamental legislation which in our opinion is necessary and desirable for the purpose of (a) bringing about better use and management of national forest grazing lands, together with greater stability and other reasonable benefits for the permitted users, and (b) bringing about the regulated use of public lands along sound and tested lines. It is our mutual desire that the extended consideration given to this subject throughout the West and in Congress during recent years may lead to some definite and constructive legislation. This, we believe, will not be accomplished if measures are attempted which would bestow unwarranted advantages upon the livestock producers who utilize the public ranges or remove such use of public lands from reasonable and necessary control by the executive departments responsible for them. In the desire to see definite and beneficial results accomplished, we respectfully submit for your consideration drafts of the two bills which represent the mature judgment of the Department of the Interior and the Department of Agriculture as to the best solution of these problems.

Sincerely yours,

HUBERT WORK,

Secretary of the Interior.

W. M. JARDINE, Secretary of Agriculture.

DEPARTMENT OF AGRICULTURE NATIONAL FOREST GRAZING BILL

A BILL To authorize the grazing of domestic livestock on national forests, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where the purposes of the national forests, as set forth in the acts of March 3, 1891 (Twenty-sixth Statutes, page 1095), and June 4, 1897 (Thirtieth Statutes, page 11), will not be adversely affected, the Secretary of Agriculture is hereby authorized, under rules and regulations to be approved by him, to employ such means as he considers appropriate to promote the fullest development of all resources and public benefits of such national forests, including the production of forage and the grazing thereof by domestic livestock, commercial uses, uses for recreation, the protection and development of wild life, and all other lawful uses.

SEC. 2. That the grazing of domestic livestock on national forests shall be conditioned upon the payment of such reasonable fees as may be fixed by the Secretary of Agriculture, not exceeding the value of the forage as determined by the Secretary of Agriculture in consideration of the limitations under which it may be used, including costs of cooperation in the betterment, improvement, and maintenance of the range; but the free use of stock driveways may be allowed in the discretion of the Secretary of Agriculture and free grazing may be permitted to prospectors, settlers, campers, travelers, cooperators, and users of the national forests in connection with timber sales or other permitted operations: Provided, That during periods of range depletion due to severe drought or other natural causes occurring during the life of a grazing permit, license, or contract, the Secretary of Agriculture may, and is hereby, authorized, in bis discretion, to remit, reduce, refund, in whole or in part, or authorize postponement of payment of grazing fees established under the provisions of this section so long as an emergency exists: Provided further, That the Secretary may prescribe by regulation for the collection of the fees authorized under this section.

SEC. 3. The issuance of permits, licenses, or contracts for the grazing of domestic livestock on the national forests for periods not exceeding ten years, which shall set forth specifically the possible reductions in numbers of stock permitted and the limitations to which the permittee, licensee, or contractor may be subject during such period and shall be nonrevocable except for violation of their terms, may be authorized by the Secretary of Agriculture.

SEC. 4. That the Secretary of Agriculture is hereby authorized to promulgate regulations to govern preferences in grazing on the national forests. The authority of the Secretary of Agriculture to recognize preferences and to authorize grazing on any national forest or portion thereof is hereby expressly limited to such number and classes of stock as in his opinion will not injure the forest growth, watersheds, or range or unduly interfere with other lawful uses. The Secretary of Agriculture may, in this discretion. from time to time alter or amend the rules and regulations providing for grazing on the national forests or for preferences in issuing grazing permits, licenses. or contracts when in his opinion such changes are made necessary by changing economic. forest, watershed, or forage conditions and are in the public interest. Such changes shall not adversely affect the terms of any existing permit, license, or contract during its stated period but shall determine the preferences of new applicants and of applications for extensions, increases, or renewals.

SEC. 5. That hereafter 10 per centum of the receipts from the grazing of domestic livestock on national forests during each fiscal year, including the fiscal year ending June 30, 1926, shall be available at the end thereof for expenditure by the Secretary of Agriculture on the national forests within the States from which derived for the construction and maintenance of range improvements, the eradication of poisonous plants, predatory animals and range-destroying rodents, payment of expenses of grazing boards as provided in section 7 hereof, and the cost of impounding stock as provided in section 6 hereof.

SEC. 6. That the Secretary of Agriculture is authorized to impound domestic livestock grazing in trespass on national forests and after due notice, by publication for not less than fifteen days in a newspaper of general circulation in the locality where the stock is impounded. to sell such stock at public sale, or otherwise dispose of it, unless ownership of the stock is proven and the owner pays for all damages and costs, including the salaries of forest

officers and other costs of impounding, advertising, and caring for the stock, and removes them from the national forest; but the payment of such costs and damages shall not relieve the owner of unpermitted stock from the provisions of section 56 of the Penal Code, approved March 4, 1909 (Thirty-fifth Statutes, page 1099). The proceeds derived from the sale or redemption of impounded stock shall be deposited to the credit of the appropriation from which the expenses were paid; but any amount in excess of costs and damages may be refunded to the owner of such stock if claimed with satisfactory proof of ownership within one year.

SEC. 7. That the Secretary of Agriculture is authorized to provide by regulation for the creation of grazing boards, a majority of whose members shall be representatives of the livestock industry and selected by the grazing permittees on a national forest or group of national forests. Acting under and in accordance with the regulations of the Secretary of Agriculture, the grazing boards shall consider all facts bearing upon matters referred to them by forest officers or grazing permittees on national forests, and shall hear and investigate complaints or appeals from the decisions of forest officers concerning the grazing of livestock upon the national forests. The grazing boards shall be given such authority as the Secretary of Agriculture may prescribe. Members of any grazing board representing the livestock industry shall receive no compensation for their duties other than actual expenses for travel and subsistence while engaged in the business of the board, such expenses to be payable from the 10 per centum grazing receipt fund provided for in section 5 hereof.

DEPARTMENT OF THE INTERIOR PUBLIC DOMAIN GRAZING BILL

A BILL To provide for the establishment of grazing districts on the public lands of the United States and Alaska, and to regulate their beneficial use by livestock, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States, in order to promote the highest use of the public lands which in the opinion of the Secretary of the Interior are valuable for the production of livestock, is hereby authorized to establish from time to time, by proclamation, grazing districts or additions thereto from any part of the public lands of the United States and Alaska not in substantial part irrigable at a reasonable cost from any known source of water supply or suitable in their present condition for the production of crops other than native grasses and forage plants. Such grazing districts may be established upon the recommendation of the Secretary of the Interior or when such action is formally requested by petitioners found by the Secretary to constitute a majority of the livestock growers who use for grazing purposes the public lands therein, but no grazing district shall be established until notice thereof has been published for thirty days in a paper of general circulation in the county or counties in which the lands are situated.

SEC. 2. That the Secretary of the Interior shall execute, or cause to be executed, the provisions of this act under rules and regulations to be prescribed by him, shall appoint all officers necessary for the administration and protection of grazing districts established under the authority herein provided, and shall issue, or cause to be issued, permits to graze livestock thereon, which permits shall be for appropriate seasons for use within a period of not more than ten years, upon the payment annually of reasonable fees for such permits: Provided, That in the award of grazing privileges preference shall be given, when practicable, to homesteaders and to present occupants of the range who own improved ranches or who have provided water for livestock grazed upon the public lands: Provided further, That no permits shall be issued which shall entitle the permittee to the use of any buildings, corrals, reservoirs, or other improvements owned and controlled by a prior occupant until he has paid such prior occupant a reasonable pro rata value for the use of such improvements. If the parties interested can not agree, then the amount of such payment shall be determined under the rules and regulations of the Secretary of the Interior. Fences, wells, and other improvements necessary to the care and management of the permitted livestock may be constructed on the public lands under permit issued by authority of the Secretary.

SEC. 3. That the Secretary of the Interior may permit, under regulations to be prescribed by him, the free grazing of domestic stock, and provide, so far as authorized by existing law or laws hereinafter enacted, for the use of timber, stone, gravel, clay, coal, and other deposits by bona fide settlers, miners, residents, and prospectors for mineral, for firewood, fencing, building, mining, prospecting, and other domestic purposes, within areas subject to the provisions of this act.

SEC. 4. That all moneys received under the authority of this act on account of the disposal of resources from such grazing districts shall be deposited in the Treasury of the United States as miscellaneous receipts, but 10 per centum of all moneys received from each grazing district during any fiscal year is hereby appropriated annually and made available for expenditure by the Secretary of the Interior for the erection or purchase of range improvements, and an additional 25 per centum of the moneys received from each grazing district during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State or Territory in which said grazing district is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of public schools and public roads of the county or counties in which the grazing district is situated: Provided, That if any grazing district is in more than one State or Territory or county, the distributive share to each from the proceeds of said district shall be proportional to its area therein. SEC. 5. That under the rules and regulations prescribed by him, the Secretary may enter into cooperative agreements with any State, corporation, or individual owning private lands lying adjacent to or included within the grazing districts authorized to be established by this act, to undertake the grazing administration of such areas, and their improvement, as in his judgment may be necessary to carry out the purposes of this act, which rules and regulations shall have the same force and effect as other rules and regulations prescribed by him for the control of the grazing districts hereby established.

SEC. 6. That nothing herein contained shall restrict the use of any water on public lands within such grazing districts for mining, milling, domestic, or irrigation purposes, or the granting of easements or permits therefor under existing law; or ingress or egress over the public lands in said district for all proper and lawful purposes, including the use and enjoyment of rights and property or prospecting, locating, developing, entering, leasing, or patenting the mineral resources of such districts under law applicable thereto; or the movement of livestock from one locality to another over established driveways or under such restrictions as are necessary to protect the users of the land which will be driven across: Provided, That such persons comply with the rules and regulations governing such grazing district or districts.

SEC. 7. That the Secretary is hereby authorized, in his discretion, to examine and classify, within grazing districts, any lands which are irrigable from any known source of water supply or are valuable and suitable for the production of crops other than native grasses and forage plants, and to open such lands to homestead entry in tracts not exceeding 320 acres in area; but such lands shall remain parts of the grazing district until patents are issued.

SEC. 8. That the Secretary shall give reasonable notice by publication in newspapers of local circulation and fix a date which shall not be more than one year from the establishment of any grazing district, and after such date the pasturing of any class of livestock on public lands in said grazing district without permit or any other act in violation of the rules and regulations of the Secretary herein authorized to be provided shall be punishable by a fine of not more than $500, or by imprisonment for not more than one year, or both such fine and imprisonment, in the discretion of the court.

SEC. 9. That where such action will promote the purposes of the grazing district or facilitate its administration the Secretary be, and he hereby is, authorized, in his discretion, to accept on behalf of the United States any lands within the exterior boundaries of a grazing district as a gift, or in exchange therefor any patent not to exceed an equal value of reserved or unreserved grazing land.

SEC. 10. That where the objects and purposes of this act can be most effectively and economically accomplished by the addition to national forests of lands of the character herein described, the President may, upon the recommendation of the Secretary of the Interior, and he is hereby authorized, subject to the provisions of section 1 of this act, add such lands to national forests by proclamation or Executive order, and the lands so added shall be subject to all laws and regulations applicable to the national forests; or the