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 Secretary determines 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 makes 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 surrender, may avoid further liability for fees thereunder, by giving written notice to the Secretary of such surrender. The lease shall specify the length of time. of notice, 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 leased 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 grazingprivileges, 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 live stock

he may grant an extension of time for making payment of any grazing feeunder 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 centum 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 making, erection, or purchase of range improvements, and 25 per centum of all moneys received from each district during each fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which such district is located, 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 located. 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 of such assignment be relieved from any liability in respect of such lease, accruing subsequent to the effective date 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. (a) The Secretary may authorize a lessee to construct and/or maintain and utilize 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 entitled to enter 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, 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 improvements the construction or maintenance of which has been authorized by the Secretary. no other person shall use or occupy under any grazing lease, or entry under any public land law, the land on which any such improvements are located until there has been 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 general circulation in each county in which such district or any part thereof is located that after the date specified in such notice it shall be unlawful for any person to graze any class of livestock on lands in such district except under authority of a lease made or permission granted by the Secretary; and any person who willfully grazes 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 the establishment of 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 district for which the board has been

established.

HEARINGS AND APPEALS

SEC. 216. Any lessee of or applicant for grazing privileges may procure 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 a 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 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 clasification act of 1923 fix their compensation, and (2) make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, and for printing and binding) as may be necessary efficiently to execute the provisions of this title.

TITLE III.-GRAZING WITHIN NATIONAL FORESTS

DEFINITIONS

SEC. 301. As 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.

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(3) The term grant" means dispose of by contract made or permit continued under the authority of this title.

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, but the permitee under any such permit is eligible to 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, 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 purposes, 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 which are 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 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 respect of 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 as may be 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 unless a shorter term is requested by the applicant, and in any such case the Secretary may make a contract for a shorter term.

(2) Provide that the permittee may surrender his contract, and, if he has complied with the terms and conditions of the contract to the time of surrender, may avoid further liability for fees thereunder by giving written notice to the Secretary. The contract shall specify the length of time of notice, which shall not exceed one year.

(3) Provide that the permittee may, with the approval of the Secretary and to such extent as the Secretary 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 effective date 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 subdivision (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 on 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 on 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 granted under 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 on 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; 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 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.

In

(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. 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 90 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, or other removable range improvement owned or controlled by him.

(d) If such permitee 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 there has been paid to the person entitled thereto the value of such improvements, as determined by the Secretary.

STOCK DRIVEWAYS AND FREE GRAZING

SEC. 311. (a) 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.

(b) The Secretary is authorized to permit free grazing privileges on the forests to prospectors, settlers, campers, travelers, and to 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 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 costs of impounding, caring for the stock, removing them from the forest, and advertising 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 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,