LANDS INCLUDED SEC. 302. The provisions of this title shall be applicable to the national forests and to lands included within the provisions of section 304. EXISTING PERMITS SEC. 303. Any permit for grazing privileges, on any forest, issued by authority of the Secretary and 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 permit. COOPERATIVE AGREEMENTS SEC. 304. The Secretary may enter into cooperative agreements with any State or political subdivision thereof, or any person, for the administration of grazing on lands which are contiguous or adjacent to lands in a forest and which are owned by such State, subdivision, or person. ENFORCEMENT SEC. 305. The Secretary shall execute this title, make and enforce such regulations as he deems necessary to carry out its purposes and provisions, and shall enforce the contracts made and permits continued thereunder. CONTROL OF GRAZING SEC. 306. The Secretary is authorized and directed (1) To determine what areas in the forest shall be used for grazing pur`posed, and, in respect of each such area, the grazing capacity, the grazing season, the kind of livestock to be grazed thereon, and the methods of handling livestock on the range necessary for the protection of any resource of the forest. (2) To make contracts for grazing privileges within the, forest. (3) When making any contract to insert therein such terms and conditions as he deems necessary for the adequate protection of any resource of the forest. (4) To make such inspections 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, or the enforcement of the contracts and permits for grazing privileges. (5) To cooperate with permittees on any forest or portion thereof in matters concerning the protection, development, and beneficial use of the forage thereon, and to put into effect such requirements for the benefit of the permittees, in addition to those authorized by paragraph (1) of this section, as may be requested by a majority of the permittees on the forest area involved and approved by the Secretary. (6) To terminate any contract or permit for violation of its terms. TERMS AND CONDITIONS OF CONTRACTS SEC. 307. (a) Except as provided in section 311 no grazing privilege within the forests is authorized or shall be granted or permitted after the enactment of this act except by contract made or permit continued in accordance with the provisions of this title. (b) A contract for grazing privileges shall (1) Be granted for a term of 10 years unless the Secretary determines a shorter term would be in the public interest or is requested by the applicant, and in any such case he may make a contract for a shorter term. (2) Provide that the permittee many surrender his contract and avoid further liability for fees thereunder, by giving written notice to the Secretary within the time specified for such notice in the contract, which shall not exceed one year. (3) Provide that the permittee may, with the approval of the Secretary and to such extent as he may determine, assign in whole or in part any contract, and to the extent of such assignment be relieved from any liability in respect of such contract accruing subsequent to the approval of such assignment. (4) Provide for the maximum amount of reduction in grazing privileges that may be made by the Secretary for any purpose. ALLOCATION SEC. 308. (a) Subject to the provisions of sections 1 and 306 of this act, grazing privileges shall be allocated to such extent and in such manner as the Secretary shall determine to be in the public interest, with a view to the adequate utilization of ranch property in use in connection with grazing on the forest, the economic development of localities and beneficial use of land in the vicinity of the forest, the most beneficial use of the forage resources, and the encouragement of cooperation by permittees in conserving and developing the resources of the forest. (b) To effectuate the purposes of paragraph (a) of this section and in so far as is consistent therewith, the Secretary is authorized and directed: 1. To grant grazing privileges upon definite allotments within the forest when local conditions or the administration of grazing privileges make such form of contract practicable and to allow permittees of such privileges the benefits of any increase, as determined by the Secretary, in the grazing capacity of their allotments. 2. To stabilize grazing by allowing preference over other applicants, in the granting of grazing privileges that the Secretary may determine to grant, to the holders of such privileges who own (or, in the discretion of the Secretary, who control) adequate ranch property or range improvements dependent upon grazing in the forest for their beneficial utilization. 3. To redistribute grazing privileges, upon making any contract therefor, in any locality if the Secretary determines a redistribution is necessary to provide grazing facilities for persons who own (or, in the discretion of the Secretary, who control) land which is dependent on grazing in the forest for its beneficial utilization and which is adequate in connection with the grazing privileges to be granted, and to promote the economic development of the locality. (c) When grazing privileges have been provided as contemplated by subdivisions (a) and (b) of this section, the Secretary may grant any surplus range in such manner, consistent with this title, as he deems appropriate. GRAZING FEES SEC. 309. (a) The Secretary shall determine and fix the fees to be charged for grazing under any contract made or permit continued under this title. Such fees shall (1) Be payable annually or seasonally on dates fixed by the Secretary; (2) Be fixed with due regard to the stable value, seasonal or annual, of the grazing, and in no case shall exceed such value; (3) Be fixed with regard to the general effect on ranch property used in connection with grazing in the forests; and (4) Be moderate, with adequate allowance for the restrictions and duties imposed upon the permittee for the protection of the resources of the forests. (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 permittee; (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 fees (under any contract or permit); reduce the amount of any such payment; or release or discharge the permittee from making any such payment. RECEIPTS AND IMPROVEMENTS SEC. 310. (a) Ten per centum of the receipts from grazing on the 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 on the forests within the State from which such receipts are derived, for the construction and maintenance of range improvements, the eradication of poisonous plants, predatory animals and rodents, and expenditures authorized under section 313. (b) The Secretary may authorize a permittee to construct and/or maintain and utilize 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 permittee within such area. In respect of such improvements the Secretary is authorized to enter into an agreement with the permittee whereby the improvements become the property of the United States and the grazing fees of the permittee are reduced to recompense him for the value of such improvements. (c) The permittee shall be given 60 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. (d) If such permittee notifies the Secretary, on or before the termination of his contract, of his determination to leave upon the land any such improvement, the construction or maintenance of which has been authorized by the Secretary, no contract to another person in respect of grazing privileges on such land shall be made until such person has paid to the person entitled thereto the value of such improvements, as determined by the Secretary. STOCK DRIVEWAYS AND FREE GRAZING SEC. 311. The Secretary is authorized to establish and maintain stock driveways in the forests, to regulate the use thereof, and to charge a fee for such use, or to permit the free use thereof. The Secretary is authorized to permit free grazing in the forests by prospectors, settlers, campers, travelers, and by persons using the forests in connection with timber sales or other permitted uses. IMPOUNDING SEC. 312. The Secretary or his duly authorized agent is authorized to impound domestic livestock found grazing in trespass on a forest, and, after service of notice on the owner if he can be identified and located, and after due notice by publication for not less than 20 days in a newspaper of general circulation in the locality where the stock is impounded, to sell such stock at public sale unless before such sale the owner pays for all damages caused by the trespass of the stock and costs of impounding, caring for the stock, removing them from the forest, and avertising them for sale. In the event there are no offers to purchase at any such sale, the stock may be disposed of in such manner as the Secretary may by regulation provide. The payment of such damages and costs shall not release or absolve the owner of unpermitted stock from the provisions of section 56 of the act entitled, "An act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909. The proceeds of any such sale or payment by the owner, as provided in this section, shall be applied to the following purposes in the order named: (1) The costs of such impounding, caring for and removing such stock, and advertising and sale shall be deposited to the credit of the appropriation from which such costs were paid; (2) An amount sufficient to compensate the United States for the damage caused by such trespass shall be paid into the Treasury; and (3) The remainder, if any, refunded to the owner of the stock, if claimed within one year from date of sale. COOPERATIVE AGENCIES SEC. 313. The Secretary is authorized to provide by regulation for local grazing boards, a majority of whose members shall be selected by the permittees on a national forest or group of national forests. In respect of the forest or group of forests for which a board has been created by the Secretary, it shall (a) cooperate with the Secretary in the administration of this act, and (b) hear, investigate, and decide any appeal filed with it by a permittee or applicant for grazing privileges from a decision of a forest officer pertaining to the administration of this act and/or any regulation made thereunder. The board shall make a report in writing of its findings of fact and of its decision to the Secretary or such officer as he may designate. The Secretary shall by regulation prescribe the manner in which appeals shall be taken from any decision of any grazing board. Unless such appeal is taken as prescribed by the Secretary the decision of the grazing board shall be final. Members of any grazing board representing permittees shall receive no compensation for their services other than actual expenses for travel and subsistence while engaged in the business of the board, such expenses to be payable from the fund provided for in subdivision (a) of section 310. TITLE IV-MISCELLANEOUS PROVISIONS INTERDEPARTMENT TRANSFERS SEC. 401. That where the objects and purposes of this act can be most effectively and economically accomplished by the addition to national forests of public lands chiefly valuable for grazing the President may, upon the recommendation of the Secretary of the Interior, 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 President may, upon the recommendation of the Secretary of Agriculture, withdraw from national forests lands chiefly valuable for grazing and add such lands to the districts authorized under this act, and lands so added shall be subject to this act and to regulations approved thereunder. LAWS APPLICABLE SEC. 402. Any person may, under any law other than this act, acquire right, title, or interest in any land within any district or forest to the same extent and in the same manner after the enactment of this act as before, except that after the enactment of this act no entries shall be made on any lands within any district under the act entitled "An act to provide for stock-grazing homesteads and for other purposes," approved December 29, 1916, as amended, and under the act entitled "An act to provide for an enlarged homestead," approved February 19, 1909, as amended. On March 31, 1926, the Committee on Public Lands and Surveys reported out S. 2584 (S. Rept. 517). (Strike out all after the enacting clause and insert the following:) A bill to promote the development, protection, and utilization of grazing facilities on public lands, to stabilize the range stock-raising industry, and for other purposes 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 by 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 be of greater benefit to the public. DEFINITIONS SEC. 2. As 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" means any national forest. (4) As 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 the grazing of 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. Such districts may include 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. (b) The Secretary, after the establishment of a district, is directed to lease the grazing privileges theerein in accordance with the provisions of this title. 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 to such district any public lands which in his opinion should be made a part of the district, but 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 are 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 reecived 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 or any part thereof. (5) The President may add to any district any lands withdrawn from forents under section 401. 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. In making leases to applicants for grazing privileges the Secretary shall (1) 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; and (2) Subject to the preference provided in paragraph (1) 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. The amount of grazing privileges awarded under this preference shall not exceed the amount determined by the Secretary to be necessary to the economic utilization and development of such lands possessed by the applicant. |