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LETTER OF TRANSMITTAL

MEMORANDUM TO ACCOMPANY REVISED GRAZING MANUAL FOR THE USE OF THE PUBLIC LANDS SUBCOMMITTEE ON THE INVESTIGATION OF NATIONAL FORESTS AND THE PUBLIC DOMAIN

UNITED STATES DEPARTMENT OF AGRICULTURE,

FOREST SERVICE, Washington, April 17, 1925.

There is attached for your use and information a copy of the grazing regulations in effect previous to March, 1924. There is also a revised edition of the Manual in mimeographed form which was made effective in March, 1924. The revision of the manual necessitated a rearrangement and renumbering of all the regulations. For ready reference the following indicates the number of the old regulation and where the instructions pertaining thereto will be found under the new regulation.

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Changes in wording are printed in italic.

New instructions or regulations are printed in small capitals.

W. B. GREELEY, Forester.

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NATIONAL FORESTS AND THE PUBLIC DOMAIN

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NATIONAL FOREST MANUAL-GRAZING

The Secretary of Agriculture has authority to permit, regulate, or prohibit grazing in the national forests. Under his direction the Forest Service will allow the use of the forage crop as fully as the proper care and protection of the forests and water supply will permit. The cattle and sheep which are grazed in the national forests bear an important relation to the supply of beef and mutton in this country, and every effort will be made by forest officers to promote the fullest possible use of grazing resources. The utilization of forage grasses and plants also reduces the fire danger and helps protect the forests. In additions to national forests where the livestock industry is of special importance, existing grazing privileges will be continued at first, and if a reduction in number is afterwards found necessary stockmen will be given ample opportunity to adjust their business to the new conditions. Every effort will be made to distribute the stock on the range satisfactorily in order to secure greater harmony among the users of the forests, to reduce the waste of forage through unnecessary movements of stock, and to obtain a more permanent, judicious, and profitable use of the range.

The leading objects of the grazing regulations are:

1. The protection and conservative use of all national forest land adapted to grazing, under principles conforming to the natural conditions surrounding the forage resources.

2. The permanent good of the livestock industry through proper care and improvement of the grazing lands, under principles conforming to the requirements of practical operation.

3. The protection of the settler and established ranch owner against unfair Competition in the use of the range.

It is expected that the stock owners will earnestly cooperate in carrying out the regulations.

There is no law which gives an individual or corporation the right to graze stock upon national forest lands. The grazing of such lands may be allowed by the Secretary of Agriculture only as a personal privilege. This privilege is a temporary one, allowable under the law when it does not interfere with timber production or watershed protection. It is transferable only within the mits and restrictions set forth in these regulations.

Stock owners have been suffered to graze their stock upon the public lands of the United States under certain conditions of occupancy, residence, and ownership of improved land or water rights. This use, continued throughout a long period of years, has in the absence of congressional legislation become the accepted custom in many communities, even receiving the recognition of certain of the courts. It is allowed, however, only by passive consent of the United States. By force of the presidential proclamation creating a national forest, such passive consent ceases and is superseded by definite regulations ssued by the Secretary of Agriculture under the authority of Congress. Grazing stock upon the forests, except in accordance with these regulations, is trespass against the United States.

Permits will be issued to graze a certain number of livestock in each national forest, or part thereof, so long as no damage is done by such stock. A reduction will be made from the number of stock grazed during the previous season if, owing to the number grazed or the method of handling the stock, damage s being done to the forest, and in extreme cases all stock will be excluded. Except as provided under the regulations, all grazing permits are issued pon a per capita charge.

AUTHORIZATIONS

REGULATION G-1. The Secretary of Agriculture in his discretion will authorize the grazing of livestock upon the national forests under such rules and regulations as he may establish.

The forester will prescribe the number and class of stock to be grazed on any national forest, on which grazing has been authorized by the Secretary.

INSTRUCTIONS AND PROCEDURE

Grazing authorizations.

The grazing of any class of stock upon any part of a national forest is allowed under authority of the act of June 4, 1897, by the Secretary of Agriculture, whose regulations govern the use of public lands within the national forests (and are supreme, even though the State law is in conflict with them). When not in conflict with the Federal law or regulations the State law is binding.

The Secretary's authorization to the forester permitting grazing on a national forest will be in blanket form for each 10-year period, beginning with the calendar year 1925. It will be based upon a tabulated statement submitted by the district forester to the forester before the beginning of each 10-year period, showing the estimated carrying capacity of each forest for all classes of stock. This statement when approved by the forester and Secretary will constitute the district forester's authorization for each forest in his district.

In the discretion of the district forester, the total number of livestock to be grazed on a national forest during any season may vary not more than 10 per cent above or below the number last specifically authorized by the Forester, or their equivalent number reduced from sheep to cattle units in a ratio of five to one. If the total number of livestock to be grazed on a national forest exceeds the above limitation, the district forester must secure the approval of the Forester.

Authorizations based upon carrying capacity.

The authorization for each forest will be based upon the most reliable carrying capacity estimate obtainable. Within the discretion of the district forester, carrying capacity may be expressed in terms of animal months. Such a figure will be equivalent to the number of animals allowed on any given range, multiplied by the average length of season.

As a general rule, the carrying capacity of a range or Forest is the number of animal months of feed available during a normal year when utilized to the extent that from 10 to 25 per cent of the palatable vegetation is left at the end of the season and approximately 25 per cent of the palatable species, evenly distributed over the area, is allowed to reach seed maturity.

In cases where the carrying capacity has not been previously determined to a fair degree of accuracy by reconnaissance or actual use by stock, extreme care should be exercised in its determination. In such cases the first step should be to divide the range available for each class of stock. Using a similar range with a known carrying capacity as a check on judgment, a fair estimate can be obtained. This estimate should, so far as possible, be based upon the normal season, and should not be varied from year to year to meet departures from normal conditions, except when needed for forest protection. Increased capacity due to natural conditions known to be abnormal should not be accepted as ground for permanent increases in the number of stock. The number of stock should in every case be low enough to prevent damage to the forest. In regions subject to severe drought, the estimated carrying capacity should be low enough to allow a safety margin of at least 10 per cent. Lands considered in carrying-capacity estimate.

The carrying capacity of all Government lands within the national forests not otherwise reserved or closed to grazing for protective purposes, unsurveyed school sections, and unsurveyed lands within both the primary and the indemnity limits of railroad grants should be considered in the estimate.

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