APPLICATION FOR GRAZING PRIVILEGES

SEC. 207. An application for grazing privileges provided for in section 206 shall be subscribed and sworn to by the applicant and shall be filed in duplicate with the register. It shall contain:

(1) The name of the applicant and the address to which any notice or letter, required by this act to be mailed to the applicant, may be mailed.

(2) A statement of the grazing privilege for which the applicant desires to procure a contract showing the number and kind of stock to be grazed and the location desired.

(3) A statement of the number and kind of livestock owned by the applicant at the date of his application.

(4) A brief history of his use, if any, for grazing of the lands in the grazing district in the five calendar years next preceding the year in which such district is established, which shall show:

(a) The number and kind of livestock grazed in each year.

(b) The location and extent of the lands on which such livestock were grazed.

(c) The location and character of any improvements constructed by applicant upon lands within the grazing district.

(d) If he claims a preference under paragraph (b) of section 208, a description of the lands possessed by him and in connection with which he desires to use grazing privileges in the grazing district.

(5) Any additional facts which the applicant believes material to his application.

PREFERENCES

SEC. 208. (a) In granting contracts to applicants for grazing privileges the register shall endeavor to grant such privileges to users of the range within the grazing district as will be as nearly identical in respect of location, extent of usage, and kind of stock, with the customary usage of such users, as is consistent with the efficient administration of such district.

(b) As to applicants who have not been users of the lands within such district for grazing purposes the register shall, subject to the preference provided in paragraph (a) of this section, give preference in awarding grazing privileges to applicants who possess lands within the vicinity of the grazing district which may be more economically utilized or developed if used in connection with grazing in the grazing district, over applicants not possessing such lands. The measure of this preference shall be the amount of grazing privileges necessary to the economic utilization and development of land possessed by the applicant.

NOTICE OF ALLOCATION

SEC. 209. The register shall promptly allocate and as soon as the register has allocated to the respective applicants the grazing privileges which, in his opinion, they are entitled to receive under this title, he shall send a notice to each applicant by registered mail. The notice shall contain:

(1) If the application is approved in whole or in part, a copy of the contract which the register proposes to submit to the board for its approval in respect of the grazing privileges allocated to the applicant.

(2) If the application is rejected, a statement of the reason for rejection. (3) A statement that allocations of grazing privileges made by the register are subject to confirmation, rejection, or alteration by the board.

(4) Information as to the date and place of the meeting of the board to consider such allocations and that all applicants who object to the action of the register in respect of their application may appear before the board at such time and place and be heard as to the grounds of their objections.

(5) Information that written protest may be filed in duplicate with the register at any time prior to such meeting of the board; that such officer will at once furnish one copy of such protest to the board; and that if such protest contains facts in addition to those set forth in the application it should be subscribed and sworn to by the applicant.

FINAL DETERMINATION OF ALLOCATIONS

SEC. 210. (a) The board shall fix, and advise the register of, the place and date of its meeting to consider allocations for grazing privileges; shall hear any applicant and shall consider any written protest in respect to the action of

the register upon any application for any such allocation; and shall then make a final determination in respect of such applications and such allocations. (b) Upon final determination by the board of the allocations of grazing privileges, it shall by registered mail notify all applicants who filed written objections, who appeared personally before the board, or who received allocations of grazing privileges, of its final action upon their respective applications. Each contract as approved or altered by the board shall then be submitted by the register to the proper applicant, and shall be effective when signed by such applicant and by the register.

CONTRACTS FOR ADDED LANDS

SEC. 211. If, after the establishment of a district, grazing privileges in respect thereof are available either because lands have been added to such district under the provisions of section 204, or because of termination of a grazing contract, the register may grant a contract in respect of any such grazing privileges in the manner and subject to the terms and conditions provided in this title for granting contracts upon the establishment of any district. If he determines that in making any such grant the expense of publication of the notice and the other procedure provided for in section 206 is not warranted, he may, subject to the approval of the board, either publish such notice for such shorter period and in such newspaper as he may decide upon, or grant a contract irrespective of such section.

CONTRACTS TO FIRST APPLICANT

SEC. 212. In respect of any grazing privileges within a district for which no application is received within the period fixed in a notice published, in respect of such district, as provided in section 206, the register, subject to the approval of the board, may thereafter grant a contract for any such grazing privileges to the first applicant.

TERMS AND CONDITIONS OF CONTRACTS

SEC. 213. (a) All contracts shall be granted by the register, with the approval of the board; and for a term of ten years in all cases except where the determination of preferences or allotments is pending, or where the land may be required for other than grazing purposes within the period of ten years; and in such cases contracts may be granted for a shorter term.

(b) Area-basis-contracts shall be granted in all cases except where local conditions or customary usage make it more practicable to grant per-capitabasis contracts.

(c) Each contract shall provide that the grantee may surrender his contract and avoid further liability for fees thereunder by giving written notice to the register of his intention so to do. The contract shall specify the time within which notice must be given, which shall not exceed one year.

GRAZING FEES

SEC. 214. (a) Under the direction of the Secretary the register shall determine and fix, for each contract in respect of his district, the grazing fee to be paid. Such fee shall

(1) Be fixed, for an area-basis contract, on the basis of the area granted, and, for a per-capita-basis contract, on the basis of the number and kind of stock permitted to be grazed;

(2) Be fixed, for the period of the contract, as a seasonal or annual fee, payable annually on the date specified in the contract;

(3) Be fixed with due regard to the economic value, seasonal or annual, of the grazing privilege and in no case shall exceed such value; and

(4) Be moderate.

(b) If the Secretary determines such action to be for the public interest by reason of—

(1) Depletion or destruction of the range by drought or other cause beyond the control of the grantee;

(2) Calamity or disease causing wholesale destruction of or injury to livestock; or

(3) Adverse livestock market conditions causing general distress in the stock-raising industry or any branch thereof

he may grant an extension of time for making payment of any such grazing fee under any contract, reduce the amount of any such payment, or release or discharge the grantee from making any such payment.

ASSIGNMENT OF CONTRACTS

SEC. 215. The grantee may, with the approval of the register, assign in whole or in part any contract. The register shall not withhold his approval except for good cause. Upon the death of the holder of any contract all rights under such contract shall inure to the benefit (1) of his devisee if he leaves a will, or (2) of his estate if he dies intestate.

APPEALS TO BOARD

SEC. 216. (a) When the register, without the consent of the grantee, determines

(1) To alter the grazing privileges of any grantee by reducing the permitted number or by changing the permitted kind of livestock or the area which has been allotted to him for grazing;

(2) To terminate any contract before the expiration thereof; or

(3) To refuse to regrant to any person grazing privileges in accordance with the provisions of sections 217

he shall notify the grantee of such determination by registered letter. The letter shall contain a statement of the determination, the reasons thereof, and the right of the grantee to appeal to the board.

(b) The grantee may file with the register an appeal to the board within 60 days from the date of mailing of the registered letter. If he files such appeal within such time, the register shall suspend action pending the determination of the appeal. If he does not file such appeal within such time, the register shall execute his determination.

(c) The register shall record the filing of such appeal and shall transmit it to the board without delay.

RENEWAL OF CONTRACT

SEC. 217. (a) A grantee who has complied with the terms of his contract shall, on the expiration thereof, be entitled to preference in the regranting of the grazing privileges included in such contract.

(b) Subject to such change in the amount fixed for grazing fees, and to such other alterations in terms and conditions as the register deems necessary for administrative purposes or for land settlement, the register shall endeavor in regranting any grazing privileges to promote the policy of section 1 of this act by allowing the grantee to retain the grazing privileges included within his former contract.

IMPROVEMENTS

SEC. 218. (a) Under the direction of the Secretary the register may authorize a grantee to construct or maintain upon any area included within the provisions of his contract any fence, building, corral, reservoir, well, or other range improvement for the exercise of the grazing privileges of the grantee within such

area.

(b) The grantee shall be given sixty days from the date of termination of his contract for any cause to remove from the area included within the provisions of his contract any fence, building, corral, reservoir, or other removable range improvement owned or controlled by him.

(c) If any such improvement the construction or maintenance of which has been authorized by the register remains on the land, no contract to another person in respect of grazing privileges for such land shall be granted until such person has paid to the person entitled thereto the value of all such improvements, except fences, as determined by the register.

PENALTIES

SEC. 219. (a) After contracts have been granted in respect of a grazing district it shall be unlawful for any person to use any part of the area included within the terms of any such contract for the grazing of livestock thereon, except under authority of such contract.

(b) Any person who violates the provisions of subdivision (a) of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $500 or by imprisonment for not less than thirty days nor more than one year, or by both such fine and imprisonment.

TITLE III-GRAZING WITHIN NATIONAL FORESTS

LANDS INCLUDED

SEC. 301. The provisions of this title shall apply (1) to any national forest or part thereof and (2) to such lands included within the terms of any cooperative agreement entered into under section 304 included within one or more of the following States: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

DECLARATION OF PURPOSES

SEC. 302. In furtherance of the policy declared in section 1 of this act, the protection and development of uncultivated grasses and foreage plants in the national forests and the utilization of such grasses and plants for grazing purposes shall be considered as one of the purposes for which such forests are established and maintained.

EXISTING PERMITS

SEC. 303. Permits for grazing privileges within any forest, granted by the authority of the Secretary, in effect on the date of the enactment of this act shall continue in full force and effect according to the terms and conditions of such permits, but any permittee under any such permit may apply for and receive in lieu of such permit a contract made pursuant to the provisions of this title.

COOPERATIVE AGREEMENTS

SEC. 304. The Secretary may enter into cooperative agreements with any State or political subdivision thereof, or any person, in respect of the administration of grazing, in connection with any forest, of lands owned by such State, subdivision, or person which are contiguous or adjacent to a forest.

SUPERVISOR FOR FOREST

SEC. 305. The Secretary shall designate for each forest an employee of the Forest Service to be known as supervisor, who shall execute, under the direc tion of the Secretary, the provisions of this title, and enforce the regulations and contracts made and permits continued thereunder, within the national forest for which he is designated.

POWERS AND DUTIES OF SUPERVISOR

SEC. 306. Under the direction of the Secretary, the supervisor is authorized(1) To determine what areas in the forest shall be used for grazing purposes, and in respect of each such area, the grazing capacity, the grazing season, and the kind of livestock to be grazed thereon;

(2) To grant contracts for grazing privileges within the forest;

(3) To insert in any contract granted by him such terms and conditions as he deems nceessary for the adequate protection of any resource of the forest;

(4) To make such inspection of the range and the use thereof as he deems necessary for the protection of any resource of the forest, the control of grazing thereon, and the enforcement of the contracts and permits for grazing privileges;

(5) To enforce in respect of any grantee of a contract or holder of a permit the terms and conditions of such contract or permit, this act, and/or any regulation made under authority of this act;

(6) To make such regulations, exercise such powers, and perform such duties in respect of grazing as he deems necessary to effectuate the purposes of this title; and

(7) To execute the final decisions on all appeals as provided in this act.

PREFERENCES

SEC. 307. (a) In granting contracts for grazing privileges the supervisor (1) as to grazing privileges included within grants in effect at or immediately prior to the time for regranting such privileges, shall, except as provided in paragraph (b) of this section, give to the grantee of such privileges a preference to the full extent of such privileges (measured by the area of land used or by the number and kind of stock grazed), or if less than the full amount of such privileges is granted then to such reduced amount; and (2) as to grazing privileges not covered by such grants, shall give to applicants who own lands in the vicinity of the forest a preference, to the extent of the grazing privileges necessary for the economic utilization and development of such lands, over applicants who do not own any such lands.

(b) The supervisor is authorized, where it is necessary in affording grazing privileges needed by homesteaders occupying homesteads in the vicinity of the forest, to reduce the grazing preference provided in clause (1) of paragraph (a) of this section by not more than 5 per centum thereof in any 10-year period.

TERMS AND CONDITIONS OF CONTRACTS

SEC. 308. (a) Except as provided in section 315, no grazing privileges within forests shall be granted or permitted, after the enactment of this act, except by contract granted or permit continued in accordance with the provisions of this title.

(b) A contract for grazing privileges shall

(1) Be an area-basis contract unless

(A) The supervisor determines that such form of contract will not afford adequate protection to other and more valuable resources of the lands involved;

(B) The prospective grantee objects to such form of contract; or

(C) The administration of the grazing privileges makes such form impracticable.

(2) Be a per capita basis contract in all cases where an area-byasis contract is not required by subdivision (1) of this paragraph.

(3) Be for 10 years unless the adequate protection of more important public interests in any forest or portion thereof requires a shorter period for any contract.

(4) Provide that the grantee may surrender his contract and avoid further liability for fees thereunder by giving written notice to the supervisor of his intention so to do. The contract shall specify the length of the notice required, which shall not exceed one year.

GRAZING FEES

SEC. 309. (a) Under the direction of the Secretary, the supervisor shall determine and fix for each grant of grazing privileges, in respect of his forest, the grazing fee to be paid. Prior to January 1, 1936, such fees within any forest shall not exceed the rate for the same or similar grazing privileges, whether based on an area or on a per capita basis, of the fees in effect within such forest for the calendar year 1924. In making any change from a per capita basis to an area-basis contract, or from an area-basis to a per capita basis contract, the new rate shall bear the same relation to the new privilege granted as the prior rate bore to the prior privilege. After January 1, 1936, the fees shall—

(1) Be fixed, for an area-basis contract, on the basis of the area granted, and, for a per capita basis contract, on the basis of the number and kind of stock permitted to be grazed;

(2) Be payable annually on the date fixed by the Secretary;

(3) Be fixed with due regard to the economic value, seasonal or annual, of the grazing privileges, and in no case shall exceed such value;

(4) Be moderate, with a liberal allowance for the restrictions and burdens imposed upon the grantee for the protection of the resources of the forest. (b) If the Secretary determines such action to be for the public interest, by reason of

(1) Depletion or destruction of forage by drought or other cause beyond the control of the grantee;