Hon. ROBERT N. STANFIELD, DEPARTMENT OF AGRICULTURE, Chairman Committee on Public Lands and Surveys, United States Senate. DEAR SENATOR STANFIELD: It has been my desire, as you know, to aid in bringing the recent extended discussion of grazing on the national forests to a -constructive conclusion which would be beneficial to the range users and at the same time promote the general public interest. I have been glad, therefore, in accordance with your suggestion, to arrange for a conference between the -counsel for the Senate Committee on Public Lands and Surveys and the Chief of the Forest Service and other representatives of the Department of Agri-culture, with a view to further consideration of legislation dealing with this question. As a result of these conferences a new draft bill dealing with grazing on the national forests has been prepared and submitted to me for consideration. This draft differs from that transmitted by the joint letter from the Secretary of the Interior and the Secretary of Agriculture on February 16, 1926, in being more specific and detailed in a number of its provisions. I am confident that it fully safeguards the principles of conservation in reaffirming the primary purposes of the national forests with respect to timber production and watershed protection and making the use of their forage resources subordinate to these and to other more important uses. At the same time I believe that this bill will promote stability in the livestock industry of the West and in the agriculture dependent upon it. Such stability should be afforded to the extent that it will not impair the primary resources of the national forests. Its beneficial effects will, in my judgment, not be limited to the Western States but will extend broadly to the agricultural interests of other sections, and especially to portions of the Middle West, where livestock from the western ranges is extensively fattened for market. The foregoing are the main purposes which I believe should be accomplished by legislation dealing with grazing on the national forests. The enactment of this bill is recommended by the Chief of the Forest Service, and in that recommendation I concur. In submitting this bill for the consideration of your committee I wish to point out that in connection with the review of other bills dealing with grazing on the national forests I have been advised by the Director of the Budget that a provision similar to that incorporated in section 11 of the inclosed draft, under which 10 per cent of the receipts from grazing would be available for range improvements on the national forests, would not be in harmony with the fiscal policy of the administration. Very sincerely yours, W. M. JARDINE, Secretary. (On March 20, 1926, Hon. Hubert Work, Secretary of the Interior, submitted the following letter to Hon. Robert N. Stanfield, chairman Committee on Public Lands and Surveys, United States Senate, agreeing to the amendment to S. 2584:) Hon. ROBERT N. STANFIELD, THE SECRETARY OF THE INTERIOR, Chairman Committee on Public Lands and Surreys, United States Senate. MY DEAR SENATOR STANFIELD: I have carefully considered the new draft of the grazing bill designed for the conservation and improvement of the natural resources of the public lands, and, in my opinion. it is a constructive measure which will result in definite and positive benefit to the livestock industry. At the same time it will tend to stop overgrazing and destruction of forage on the public lands, protect and improve these resources, permitting their use under proper regulation by both the small and large livestock grower. Under its terms the laws relating to the development of the mineral and water resources, and practically all of the other public land laws, except those who deal with land primarily grazing in character, are continued in full force and effect. While the bill does not go as far as desired by livestock growers. I feel confident it will promote the stability of the livestock industry, and as already indicated, tend to real conservation and proper use of a valuable natural resource. The measure, therefore, has my approval, and I recommend its enactment. HUBERT WORK, Secretary. Very truly yours, (The amendment to S. 2584 agreed to by the Department of Agriculture and the Department of the Interior is as follows:) [Amendment to S. 2584] A bill to provide for the protection, development, and utilization of public lands and national forests by providing an adequate system for grazing livestock thereon, and for other purposes Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, TITLE I-GENERAL PROVISIONS DECLARATION OF POLICY SECTION 1. It is hereby declared to be the policy of Congress in promoting the conservation of the natural resources of the public lands and national forests to provide for the protection and development of the forage plants growing thereon and for the beneficial utilization thereof for grazing livestock under such regulations as may be considered necessary and consistent with the purposes and provisions of this act. In effectuating this policy the use of these lands for grazing shall be subordinated (a) to the development of their mineral resources, (b) to the protection, development. and utilization of their forests, (c) to the protection, development, and utilization of their water resources. (d) to their use for agriculture, either with or without irrigation, and (e) to the protection, development, and utilization of such other resources as may, in the judgment of the proper secretary, be of greater benefit to the public. DEFINITIONS SEC. 2. When used in this act (1) The term “person” means individual, partnership, corporation, or association. (2) The term "district" means any grazing district established under the provisions of Title II of this act. (3) The term forest " 66 means any national forest. (4) When used in Title II, the term "Secretary" means the Secretary of the Interior and in Title III means the Secretary of Agriculture. TITLE II.-GRAZING ON PUBLIC LANDS DEFINITIONS SEC. 201. As used in this title (1) The term "livestock raiser" means any person who possesses more than 10 head of domestic livestock. (2) The term "lessee" means the holder of any lease. LANDS INCLUDED SEC. 202. The provisions of this title shall apply to public lands of the United States, and to such other lands as may be included within the provisions of section 204, in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and Washington. GRAZING DISTRICTS SEC. 203. (a) The Secretary may establish grazing districts upon any lands included within the provisions of section 202 which, in his opinion, are valuable for grazing by livestock, but only after a formal petition requesting such action has been filed with the Secretary by a majority of the livestock raisers who use such lands for grazing purposes, and only as, or substantially as, petitioned for. (b) The Secretary may include in such districts such areas of surveyed and unsurveyed lands as he determines may be conveniently administered as a unit, even if such areas are neither contiguous nor adjacent. ALTERATION OF GRAZING DISTRICTS SEC. 204. After any district is established the area embraced therein may be altered in any of the following ways: (1) The Secretary may add thereto any public lands which in his opinion should be made a part of the district. The Secretary shall not make a substantial addition to a district unless a majority of the livestock raisers using such additional lands petition for such addition. (2) The Secretary, subject to existing rights of any lessee, may exclude from such district any lands which he determines are no longer valuable for grazing purposes or have become more valuable for other purposes. (3) The Secretary may exchange on behalf of the United States any public lands (whether surveyed or unsurveyed), chiefly valuable for grazing purposes, for any lands in private or State ownership near any district, or may accept any such lands in private or State ownership as a gift, and may add the lands so received to such district. Any lands so received in exchange for public lands shall be of approximately equal area with and of not less value than the public lands exchanged therefor. (4) The Secretary may enter into cooperative agreements with any State or political subdivision thereof, or any person, in respect of the administration as a part of a district of lands owned by such State, subdivision, or person which are contiguous or adjacent to such district. NOTICE OF ESTABLISHMENT OF GRAZING DISTRICT SEC. 205. Before establishing a district the Secretary shall publish once a week for a period of six consecutive weeks in a newspaper of general circulation in each county in which the proposed district is to be established, a notice describing the boundaries of the proposed district and announcing the date on which he proposes to establish the district. PREFERENCES SEC. 206. (a) In making leases to applicants for grazing privileges the Secretary shall award privileges to users of the range within the district 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 Secretary in awarding grazing privileges shall, subject to the preference provided in paragraph (a) of this section, give preference to applicants who possess lands within the vicinity of the district which may be more economically utilized or developed if used in connection with grazing in the district, over applicants not possessing such lands. This preference shall not exceed the amount of grazing privileges determined by the Secretary to be necessary to the economic utilization and development of such lands possessed by the applicant. TERMS AND CONDITIONS OF LEASES SEC. 207. (a) All leases shall be made by the Secretary for a term of 10 years 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 10 years; and in such cases leases may be made for a shorter term. (b) Leases shall be made for grazing on a definite area except where local conditions, customary usage, or the administration of grazing privileges make more practicable a lease based on the number of stock to be grazed. (c) Each lease shall provide that the lessee may surrender his lease, and, if he has complied with the terms and conditions of the lease to the time of giving notice, may avoid further liability for fees thereunder by giving written notice to the Secretary of his intention so to do. The lease shall specify the time within which notice must be given, which shall not exceed one year. GRAZING FEES SEC. 208. (a) The Secretary shall determine for each lease the grazing fee to be paid. Such fee shall (1) Be fixed on the basis of the area granted or on the basis of the number and kind of stock permitted to be grazed; (2) Be fixed, for the period of the lease, as a seasonal or annual fee, payable annually or semiannually on the dates specified in the lease; (3) Be fixed with due regard to the general economic value of the grazing privileges, 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 lessee; or (2) Calamity or disease causing wholesale destruction of or injury to livestock he may grant an extension of time for making payment of any such grazing fee under any lease, reduce the amount of any such payment, or release or discharge the lessee from making any such payment. DISPOSITION OF RECEIPTS SEC. 209. All moneys received on account of such fees shall be deposited in the Treasury of the United States as miscellaneous receipts, but 10 per cent of all moneys received from each district during a fiscal year is hereby appropriated for the succeeding fiscal year, and made available for expenditure by the Secretary for the erection or purchase of range improvements, and an additional 25 per cent of the moneys received from each district during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which such district is situated, to be expended, as prescribed by the State legislature, for the benefit of public schools and public roads of the counties in which the district is situated. If any district is in more than one State or county, the distributive share to each such State or county, of the moneys received from such district shall be proportional to its area therein. ASSIGNMENT OF LEASES SEC. 210. The lessee may, with the approval of the Secretary, assign in whole or in part any lease, and to the extent or such assignment be relieved from any liability in respect of such lease accruing subsequent to the approval of such assignment. RENEWAL OF LEASES SEC. 211. A lessee who has complied with the terms of his lease shall, on the expiration thereof, be entitled to preference over other applicants in the reletting of such grazing privileges included in such lease as the Secretary may determine to relet. IMPROVEMENTS SEC. 212. The Secretary may authorize a lessee to construct or maintain upon any area included within the provisions of his lease any fence, building, corral, reservoir, well, or other range improvement for the exercise of the grazing privileges of the lessee within such area; but any such fence shall be so constructed as to permit the ingress and egress of miners, prospectors for minerals, and other persons who may go upon such area for lawful purposes. (b) The lessee shall be given 90 days from the date of termination of his lease for any cause to remove from the area included within the provisions of his lease any fence, building, corral, reservoir, or other removable range improvement owned or controlled by him. (c) If such lessee notifies the Secretary on or before the termination of his lease of his determination to leave on the land any such improvements the construction or maintenance of which has been authorized by the Secretary, no other person shall use or occupy the land on which any such improvements are located under any grazing lease, or entry under any public land law, until he has paid to the person entitled thereto the value of such improvements as determined by the Secretary. PENALTIES SEC. 213. Within one year from the date of the establishment of any district, the Secretary shall give notice by publication in one or more newspapers of local circulation in each county in which such district or any part thereof is located that after a date specified in such notice it shall be unlawful for any person to pasture any class of livestock on lands in such district except under authority of a lease made or permit issued by the Secretary; and any person who willfully pastures livestock on such lands after such date and without such authority shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than one year, or both. STOCK DRIVEWAYS AND FREE GRAZING SEC. 214 (a) The Secretary shall establish and maintain, and regulate the use of, stock driveways in districts and may charge a fee for or permit the free use of such driveways. (b) The Secretary may permit any person to graze free of charge a small number of livestock upon any lands included within any grazing district. COOPERATIVE AGENCIES SEC. 215. The Secretary shall provide by regulation for a grazing board in each district. The board shall consist of three members elected by the livestock raisers using the lands in any district for grazing purposes. Each member of such board shall have practical knowledge of the livestock industry. The board shall advise and cooperate with the Secretary in the administration of this act in the respective district for which the board has been established. HEARINGS AND APPEALS SEC. 216. Any lessee of or applicant for grazing privileges may secure a review of any action or decision of any officer or employee of the Interior Department in respect of such privileges, by filing with the register of the local land office an application for hearing, stating the nature of the action or decision complained of and the grounds of complaint. Upon the filing of any such application, the register of such land office shall proceed to review such action or decision as nearly as may be in accordance with the rules of practice then applicable to applications to contest entries under the public land laws. Subject to such rules of practice, appeals may be taken by any party in interest from the decision of the register to the Commissioner of the General Land Office, and from the decision of the Commissioner of the General Land Office to the the Secretary. ADMINISTRATION SEC. 217. The Secretary shall promulgate all rules and regulations necessary to the administration of this title, shall execute its provisions, and may(1) In accordance with the civil service laws appoint such employees and in accordance with the classification act of 1923 fix the compensation; and (2) Make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, and for law books, books of reference, periodicals, and for printing and binding) as may be necessary efficiently to execute the provisions of this act. TITLE III-GRAZING WITHIN NATIONAL FORESTS DEFINITIONS SEC. 301. When used in this title (1) The term "contract" means any allotment of grazing privileges made under the authority of this title. (2) The term "permittee" means the holder of any contract made or permit continued under authority of this title. (3) The term "grant" means dispose of by contract made or permit continued under the authority of this title. |