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S. 2584
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

FEBRUARY 15 TO MARCH 11, 1926

Printed for the use of the Committee on Public Lands and Surveys

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ROBERT N. STANFIELD, Oregon, Chairman REED SMOOT, Utah.

KEY PITTMAN, Nevada. PETER NORBECK, South Dakota.

ANDRIEUS A. JONES, New Mexico. RALPH H. CAMERON, Arizona.

JOHN B. KENDRICK, Wyoming. TASKER L. ODDIE, Nevada.

THOMAS J. WALSH, Montana. PORTER H. DALE, Vermont.

C. C. DILL, Washington. RICE W. MEANS, Colorado.

HENRY F. ASHURST, Arizona. GEORGE H. WILLIAMS, Missouri.

E. J. ADAMS, Clerk

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CONTENTS

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S. 2584, introduced January 16, 1926, Stanfield national forest and public

domain grazing bill :

Title I. General provisions-

Section 1. Declaration of policy-

Sec. 2. Definitions.-.

Title II. Grazing on public domain-

Sec. 201. Lands included--

Sec. 202. Grazing districts..

Sec. 203. Petition for establishment of grazing district.

Sec. 204. Alteration of grazing districts.

Sec. 205. Powers and duties of register---

Sec. 206. Notice of establishment of grazing district.

Sec. 207. Application for grazing privileges.-

Sec. 208. Preferences

Sec. 209. Notice of allocation.---

Sec. 210. Final determination of allocations -

Sec. 211. Contracts for added lands-

Sec. 212. Contracts to first applicant.

Sec. 213. Terms and conditions of contracts

Sec. 214. Grazing fees---

Sec. 215. Assignment of contracts.

Sec. 216. Appeals to board--

Sec. 217. Renewal of contráct..

Sec. 218. Improvements

Sec. 219. Penalties.-

Title III. Grazing within national forests-

Sec. 301. Lands included -

Sec. 302. Declaration of purposes.

Sec. 303. Existing permits---

Sec. 304. Cooperative agreements-

Sec. 305. Supervisor for forest--

Sec. 306. Powers and duties of supervisor--

Sec. 307. Preferences; reductions for redistribution-

Sec. 308. Terms and conditions of contracts..

Sec. 309. Grazing fees.-

Sec. 310. Assignment of contracts--

Sec. 311. Reductions on grazing privileges--

Sec. 312. Improvements

Sec. 313. Appeals to board.

Sec. 314. Impounding

Sec. 315. Stock driveways-

Title IV. State grazing boards-

Sec. 401. Establishment

Sec. 402. Appointment and qnalification of members..

Sec. 403. Meetings

Sec. 404. Same; vacancies_

Sec. 405. Appeals to the board.

Sec. 406. Same; witnesses.-

Sec. 407. Appeals from the board..

Sec. 408. Same; execution of final decision of board.

Title V. Miscellaneous provisions-

Sec. 501. Laws applicable..

Sec. 502. Supplies and assistance for board.

Sec. 503. Same; appointments; expenditures.

Sec. 504. Short title_.

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S. 752. introduced Dec. 18, 1925, Phipps public domain grazing bill:

Sec. 1. Establishment of grazing districts---

13

Sec. 2. Execution of act; fees; preferences.-

13

Sec. 3. Free grazing of domestic stock; use of resources.

13

Sec. 4. Twenty per cent of revenues to States---

13

Sec. 5. Cooperative agreements------

13

Sec. 6. Use of water; easements and permits under existing laws--- 14

Sec. 7. Classification of agricultural lands within grazing districts. 14

Sec. 8. Notice of establishment of grazing districts; penalties--

14

Sec. 9. Gift of lands; exchange of lands---

'14

Sec. 10. Addition of lands to national forests or grazing districts.-- 14

Sec. 11. Creation of board of grazing appeals.---

14

Sec. 12. What appeals may be taken; procedure.---

15

Sec. 13. Board of grazing appeals may make regulations---

15

Report of Hon. Hubert Work, Secretary of the Interior, Feb. 1,

1926, on Stanfield national forest and public domain grazing bill

(S. 2584)

15

General objections; restrictively regulatory-

16

Report on Phipps public domain grazing bill (S. 752).

19

Report of Hon. W. M. Jardine, Secretary of Agriculture, Feb. 15,

1926, on Stanfield national forest and public domain grazing bill

(S. 2584)

19

Title I. General provisions-

20

Title II. Grazing on public domain.

20

Title III. Grazing within national forests.

21

Title IV. State grazing boards.-

24

Title V. Miscellaneous provisions-

25

Joint letter of Hon. Hubert Work, Secretary of the Interior, and Hon.

W. M. Jardine, Secretary of Agriculture, Feb. 16, 1926, submitting

substitute grazing bills.

25

Department of Agriculture national forest grazing bill :

Sec. 1. Promotion of resources of national forests.

26

Sec. 2. Reasonable fees; free use of stock driveways; remission,

reduction and refunding of fees.-

26

Sec. 3. Terms of permits, licenses or contracts; possible reductions

stated.

26

Sec. 4. Regulations to govern preferences; power to amend or alter

rules and regulations.--

26

Sec. 5. Ten per cent of receipts for range improvements.-

26

Sec. 6. Impounding domestic livestock grazing in trespass.-

26

Sec. 7. Creation of grazing boards_-

27

Department of the Interior public domain grazing bill :

Sec. 1. Establishment of grazing districts..

27

Sec. 2. Execution of act; fees, preferences.-

27

Sec. 3. Free grazing of domestic stock; use of resources.-

Sec. 4. Ten per cent of receipts for range improvements ; 25 per cent

of receipts to States---

28

Sec. 5. Cooperative agreements--

28

Sec. 6. Use of water; easements or permits under existing law--- 28

Sec. 7. Classification of agricultural lands within grazing districts. 28

Sec. 8. Notice of establishment of grazing district; penalties..

28

Sec. 9. Gifts of lands; exchange of lands_-

28

Sec. 10. Addition of lands to national forests or grazing districts-- 28

Hon. Hubert Work, Secretary of the Interior, and Hon. Edward O.

Finney, First Assistant Secretary of the Interior : S. 2584, a cumber-

some bill..

29

Legisl on should not interfere with duties of Commissioner of

the General Land Office--

30

Grazing fees and their disposition..

31

Optional provision of S. 2584-

32, 48

Grazing boards.-

34, 38, 40, 51

Amendment to sec. 2 of the Department of the Interior public domain

grazing bill: Remission, reduction, and refund of fees---

40

Amendment to sec. 10 of the Department of the Interior public domain

grazing bill: Addition of lands---

47

Regulation of grazing in Alaska---

49

Page

William B. Greeley, New York City, representing the Camp Fire Club

of America---

52

Hon. Edward C. Finney, First Assistant Secretary of the Interior,

resumed ---

53

The registers; the field service of the General Land Office -

54

Analysis of the Department of the Interior public domain grazing

bill-

Classification of agricultural lands within grazing districts.

Grazing boards---

69, 74, 79

Grazing fees and their disposition.--

72, 76

Hon. Frank W. Mondell, Newcastle, Wyo., and Washington, D. C., repre-

senting the Wyoming Wool Growers' Association----

83, 99

Opposes regulation of grazing on the public domain.

84, 99

Opposes repeal of the stock-raising homestead act--

87

Grazing boards---

105

Favors Salt Lake City recommendations respecting grazing on the

national forests --

105

Grazing fees---

106

State fencing laws_-

107

Phillip W. Ayres, representing the Society for the Protection of New

Hampshire Forests, Joy Street, Boston, Mass.--

109

Opposes Stanfield bill, S. 2584_

111

Ovid M. Butler, executive secretary American Forestry Association,

editor American Forests and Forest Life, Washington, D. C------- 135, 179

The American Forestry Association -

135, 179

Articles in American Forests and Forest Life..

143, 218

The Salt Lake City grazing recommendations.-

167

Propaganda urging opposition to Stanfield bill (S. 2584).

185

Resolution adopted by the American Forestry Association, Richmond,

Va., January 7, 1926_.

187, 189

Analysis of the national forest grazing provisions of S. 2584.--- 192, 223

Articles published in American Forests and Forest Life during 1924

and 1925 written by persons employed by the Forest Service------ 235

Herman H. Chapman, Yale School of Forestry, New Haven, Conn., repre-

senting Society of American Foresters---

239

Opposition of Society of American Foresters to grazing legislation.- 239

Nomadic sheep husbandry, letter of Secretary of the Interior to the

President, September 8, 1897---

240

Report of H. H. Chapman on damage caused by grazing in national

forests in Arizona and New Mexico.---

241

The relation of grazing to forests and forestry in foreign countries,

by P. L. Buttrick.

251

The Australian grazing leasing system, by P. L. Buttrick.

255

Report of H. H. Chapman on Stanfield grazing bill (S. 2584)

256

Property rights---

257

Loss of supervisory control.---

257

Grazing fees.

258

Forest grazing rights in Europe; some deadly parallels, by P. L.

Buttrick

259

Forest rights, definition and origin.--

259

Struggle between right holders and the public-

260

Contrasting methods of control.

260

Legal nature of forest rights-

261

Transferability of rights----

261

Difficulty of extinguishing rights.-

262

Abuse of a right not a reason for its extinguishment..

262

Automatic extinction of rights by nonuse.

262

Right of property holders to put property to other use_-

262

Originally rights were on an area basis ; analogy with those

asked by our stockmen ---

263

Rights not for commercial use.

261

Progressive loss of public compensation for rights.

264

Rights belonging to entire communities ---

264

Legal recognition of grazing on the national forests..

265

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