Purchase of ranch property only.

One who purchases from the permittee commensurate dependent ranch property without the permitted livestock may secure a renewal of permit for 80 per cent of the preference waived, subject to the maximum limit and the filing of a waiver from the original permittee.

Leased land not acceptable.

The applicant for renewal must hold legal title to the lands, as leased lands do not meet the requirements of the regulations.

Transfer of shares in corporations.

If at any time subsequent to the securing of a grazing privilege by a corporation a majority of the shares of its stock are held by stockholders other than those holding them when such privilege was granted, the entire preference will be subject to the same reduction as in other cases of sale and purchase. This action should be taken the next time the permit is validated or renewed. Partnership agreement.

A permittee having an established preference may enter into partnership with another person not a permittee, and only he interest sold will be subject to the provisions of Reg. G-9. (See Pooling and Division of Interest, Reg. G-7.) Renewal in case of purchase at forced sale.

One who acquires permitted stock or ranch property through foreclosure proceedings shall be entitled to no special consideration over an ordinary purchaser unless he has secured a waiver of the grazing preference signed by the mortgagor.

If the purchaser at a forced sale has a waiver of the grazing preference on Form 763, signed by the mortgagor, he should be allowed a full renewal of the preference for one season after he takes over the stock, regardless of his other qualifications. The second season he shall be considered an ordinary purchaser and must fully qualify as such. If by the beginning of the second season he sells the stock and waives the grazing preference, the purchaser from him should be considered as though the mortgagor had sold and waived direct to him, and no more than one reduction shall be made.

Heirs to owners of permitted stock.

In the event an estate is not divided at the expiration of three years from the death of the permittee, and it is evident the estate will not descend to the immediate family of the deceased, a reduction shall be considered in the grazing preference. If reduction is made before divisions, a 20 per cent reduction may be applied in case of nonownership of commensurate ranch property. Otherwise a 10 per cent reduction may be made; but any reduction must conform to the following paragraph. No reductions will be made upon the division of an estate if a reduction has already been made under this paragraph. No reductions will be made on the division of an estate within the maximum limit if the stock or ranch property descend to the immediate members of the family (father, mother, or children); but the major heirs must fully qualify under this regulation; no reduction will be made on the portion the widow and minors acquire, provided they have the qualifications required of the decedent.

Sales within family.

REDUCTIONS WITHIN THE MAXIMUM LIMIT WILL BE WAIVED WHERE SALES ARE MADE WITHIN THE IMMEDIATE FAMILY (FATHER, MOTHER, CHILDREN), BUT THE PURCHASER MUST FULLY QUALIFY UNDER THIS REGULATION.

No reductions on small owners.

In the discretion of the supervisor a permit may be issued to a purchaser for the full number of stock purchased when the number purchased, or the number purchased combined with the original established preference of the purchaser, does not exceed the exemption limit, or the protective limit in the absence of an exemption limit. Except as hereinafter specifically provided, no division of stock or ranches will exempt said permits from reduction.

Surplus range.

When there is surplus range on a forest, or a district of a forest, that is sufficient to meet the demands from all persons having grazing preferences, from new qualified applicants, and from those entitled to increases in existing

permits, the reduction ordinarily required may be waived, in the discretion of the supervisor.

Limitation on frequency of transfers.

No limitation on the frequency of transfers will be applied, but every transaction will be subject to such reductions as are provided for in connection with renewal to purchasers.

GRAZING FEES

REG. G-10. A FEE WILL BE CHARGED FOR THE GRAZING OF ALL LIVESTOCK ON NATIONAL FORESTS, EXCEPT AS OTHERWISE PROVIDED BY REGULATION, OR IN CASES WHERE THE FORESTER MAY DETERMINE IT IS TO THE INTEREST OF THE UNITED STATES TO PERMIT FREE GRAZING.

THE FORESTER IS AUTHORIZED TO PRESCRIBE SUCH RULES AS MAY BE NECESSARY TO DETERMINE THE FAIR COMPENSATION TO BE CHARGED FOR THE GRAZING OF LIVESTOCK ON THE NATIONAL FORESTS, IN CONSIDERATION OF:

(1) A PROPER USE OF THE GRAZING RESOURCE TO BEST SERVE THE PUBLIC IN

TEREST.

(2) REASONABLE CONSIDERATION OF THE VALUE OF THE FORAGE TO THE LIVESTOCK INDUSTRY.

(3) EFFECT OF THE BATES UPON THE LIVESTOCK PRODUCERS.

An additional charge of 2 cents per head will be made for sheep or goats which are allowed to enter the national forests for the purpose of lambing or kidding.

No charge will be made for animals under six months of age at the time of entering the forest, which are the natural increase of stock upon which fees are paid or for those born during the season for which the permit is allowed.

INSTRUCTIONS AND PROCEDURE

THE VALUE OF COMPARABLE GRAZING LANDS OWNED BY PRIVATE PERSONS, CORPORATIONS, STATES, INDIAN RESERVATIONS, OR OTHER GOVERNMENT LANDS USED FOR GRAZING PURPOSES, WILL BE USED FOR COMPARATIVE PURPOSES IN ESTABLISHING THE GRAZING FEES ON THE NATIONAL FORESTS. IN USING SUCH VALUES DUE ALLOWANCE WILL BE MADE FOR CASES SHOWING ABNORMAL COMPETITION OR IN

VOLVING CONSIDERATIONS OTHER THAN THE USE OF THE FORAGE RESOURCE. VALUES COVERING A PERIOD OF YEARS And over a SUFFICIENTLY LARGE AREA WILL BE EMPLOYED SO THAT FAIR RANGE VALUES WILL BE DERIVED. ON THE BASIS OF SUCH A COMPARISON, TOGETHER WITH THE OTHER FACTORS SPECIFIED IN REGULATION G-10, THE FORESTER WILL DETERMINE A REASONABLE VALUE FOR NATIONAL FOREST RANGES AND ESTABLISH THE FEES FOR CATTLE AND SHEEP FOR EACH FOREST OF PORTION THEREOF. THE FEE ON HORSES WILL BE 25 PER CENT MORE THAN THE FEE FOR CATTLE, AND THE FEE FOR SWINE WILL BE 25 PER CENT LESS THAN THE FEE FOR CATTLE; GOATS WILL TAKE THE SAME RATE AS SHEEP.

THE FEES THUS ESTABLISHED WILL TAKE EFFECT JANUARY 1, 1925.

IN ORDER TO PROTECT AND STABILIZE ESTABLISHED PERMITTEES, THE FEE APPLICABLE WILL BE FOR THE CLASS OF STOCK OCCUPYING THE RANGE UNDER ESTABLISHED PREFERENCES.

THE FEES ESTABLISHED BY APPRAISAL WILL REPRESENT A MONTHLY RATE, AND THE FEE FOR ANY ESTABLISHED GRAZING PERIOD WILL BE DETERMINED BY MULTIPLYING THE MONTHLY RATE BY THE NUMBER OF MONTHS OR PARTS OF MONTHS IN THE PERIOD.

FOR ALL GRAZING PERIODS, INCLUDING FRACTIONS OF MONTHS, THE FRACTIONAL PART OF THE MONTH WILL BE DIVIDED INTO FIVE-DAY PERIODS AND THE FEES DETERMINED ON THE BASIS OF THE NEAREST FIVE-DAY PERIOD, PROVIDED THAT THE RATES ON SHEEP, GOATS, AND SWINE SHALL NOT BE DIVIDED INTO FRACTIONAL. AMOUNTS OF LESS THAN ONE-FOURTH OF 1 CENT, AND THE RATES ON CATTLE AND HORSES SHALL NOT BE DIVIDED INTO FRACTIONAL AMOUNTS OF LESS THAN 1 CENT. FOR EXAMPLE, IF IN COMPUTING THE RATE FOR A PERIOD ON SHEEP THE RESULT OBTAINED IS 6.875, THE RATE WILL BE FIXED AT 61 CENTS; BUT IF THE RESULT IS 6.876 THE RATE WILL BE FIXED AT 7 CENTS. UNDER THE SAME PLAN, IF THE RESULT OBTAINED IN COMPUTING THE RATE FOR A PERIOD ON CATTLE IS 28.5, THE RATE WILL BE FIXED AT 28 CENTS; BUT IF THE RESULT IS 28.6, THE RATE WILL BE FIXED AT 29 CENTS.

Range improvements considered in establishing fees.

IN APPRAISING THE VALUE OF GRAZING ALLOTMENTS WHICH HAVE BEEN IMPROVED UNDER SPECIAL-USE PERMITS STILL OUTSTANDING, THE FEE SHALL MAKE DUE ALLOWANCE FOR THE INCREASED VALUE WHICH THE IMPROVEMENTS HAVE ADDED TO THE ALLOTMENT. THIS WILL BE ARRIVED AT ORDINARILY BY FIRST DETERMINING THE VALUE OF THE RANGE IN ITS IMPROVED CONDITION AND SUBTRACTING FROM THIS AN AMOUNT EQUAL TO THE ANNUAL COST OF MAINTENANCE PLUS A FAIR INTEREST UPON THE REASONABLE VALUE OF THE IMPROVEMENTS. IN NO CASE SHOULD IMPROVEMENTS BE VALUED IN EXCESS OF COST OF REPLACEMENT.

IN THE CASE OF IMPROVEMENTS BUILT UNDER PERMITS CONTAINING THE CONDITION THAT THEY SHALL BECOME THE PROPERTY OF THE GOVERNMENT AT THE END OF 10 YEARS, THE ABOVE RULE WILL APPLY UNTIL THE EXPIRATION OF THE 10-YEAR PERIOD, AFTER WHICH THE GRAZING FEES SHOULD REPRESENT THE REAL VALUE OF THE IMPROVED RANGE MINUS COST OF MAINTENANCE. PROVISION FOR THE MAINTENANCE OF SUCH IMPROVEMENTS SHOULD EITHER BE STIPULATED AS A CONDITION OF THE GRAZING PERMIT OR THE ESTIMATED COST SHOULD BE INCLUDED AS A COOPERATIVE REQUIREMENT UNDER REGULATION G-16.

WHERE THE VALUE OF A RANGE ALLOTMENT HAS BEEN INCREASED BY THE CONSTRUCTION OF IMPROVEMENTS SUBSEQUENT TO THE ESTABLISHMENT OF GRAZING FEES FOR ANY PERIOD, THE FEES SHALL NOT BE INCREASED TO INCLUDE ANY PART OF THE ADDITIONAL VALUE GIVEN TO THE RANGE BY REASON OF THE NEW IMPROVEMENTS UNTIL THEY BECOME THE PROPERTY OF THE GOVERNMENT.

RANGE ALLOTMENTS CARRYING IMPROVEMENTS ACQUIRED OR CONSTRUCTED BY THE GOVERNMENT, OR WHICH THE GOVERNMENT OWNS PY VIRTUE OF HAVING CONTRIBUTED MATERIAL, SHOULD BE VALUED AS IN THEIR IMPROVED CONDITION, AND THE FEES COMPUTED ACCORDINGLY, BUT THE GRAZING PERMIT SHOULD CONTAIN A STIPULATION REQUIRING THE PERMITTEE TO MAINTAIN THE IMPROVEMENTS, AND IN ESTABLISHING THE GRAZING FEE FOR SUCH RANGE A REDUCTION COVERING THE COST OF MAINTENANCE SHOULD BE MADE.

Periodic adjustment.

THE FORESTER WILL MAKE READJUSTMENTS IN GRAZING FEES, WHEN, IN HIS JUDGEMENT, CONDITIONS WARRANT, PROVIDED THAT ADJUSTMENTS WILL NOT BE MADE AT INTERVALS OF LESS THAN FIVE YEARS EXCEPT IN SPECIAL CASES WHERE MADE BY MUTUAL AGREEMENT UNDER REGULATION G-15, and EXCEPT SUCH ADJUSTMENTS AS MAY BE AUTHORIZED UNDER REGULATION 16 FOR THE PURPOSE OF IMPROVING THE RANGE OR PROTECTING THE FOREST. EXCEPT IN SUCH CASES READJUSTMENTS WILL BE MADE IN ADVANCE OF THE BEGINNING OF TERM PERMITS AND, AS FAR AS PRACTICABLE, THE PERIOD OF THE ADJUSTED FEE WILL COINCIDE WITH THE PERIOD OF THE PERMITS.

Crossing fees.

THE FEES FOR CROSSING PRIVILEGES ON NONPERMITTED STOCK WILL BE BASED UPON THE VALUE OF THE FORAGE CONSUMED AS DETERMINED BY THE REGULAR GRAZING FEES ESTABLISHED FOR THE RANGE CONCERNED, PLUS ADDITIONAL COSTS OF SUPERVISION, PRORATED ON THE TOTAL NUMBER OF STOCK USING THE DRIVEWAY. IN GENERAL, CROSSING FEES FOR PERMITTED STOCK WILL BE COVERED IN THE REGULAR GRAZING FEE AND THE CROSSING PERIOD INCLUDED IN THE REGULAR GRAZING SEASON. IN CASES WHERE THIS IS NOT PRACTICAL, THE CROSSING FEE WILL BE DETERMINED IN THE SAME MANNER AS FOR NONPERMITTED STOCK.

Charge for irregular periods.

In cases where it is difficult beforehand to determine the use that can be made of a privilege, fees should be charged and permits issued for the established period which most closely meets the requirements of the case. Special authority may be secured later for refund of the unearned portion of the fee when the circumstances warrant, on the basis of the percentage of use secured by the permittee. Since a refund requires the approval of the district forester, permits must not be issued with an agreement that a refund will be made. No charge for additional time allowance.

When a supervisor allows stock to enter not more than 15 days in advance of the date fixed for the beginning of a grazing period, or allows it to remain 15 days after the expiration provided in Regulation G-12, an additional charge will not be made. (See Additional Time Allowance, p. 84.)

When animals under six months are subject to charge.

The full grazing fee will be charged on all animals under 6 months of age which are not the natural increase of stock upon which fees are paid.

No reduction because of partial use.

No reduction in grazing fees will be made when the stock do not graze upon the national forest during the entire period allowed for reasons within the control of the permittee, nor will an increased number of stock be allowed to enter the forest for this reason, except as provided by Regulation G-11. (See "On-and-off permits," Reg. G-3.)

Determination of on-and-off fees.

In the approval of applications from the owners of cattle and horses which graze on and off the national forest an estimate will be made of the average number which will be grazed upon the forest, and the fee will be paid upon this number. In issuing sheep permits the grazing fees will be based on the grazing capacity of that portion of the range which is national forest land. (See Reg. G-3.)

Charges for horses.

In ordinary range management it is found that horses require about 25 per cent more range space during a given period than is required by cattle. In many localities horses utilize feed that would otherwise remain unused and consequently often graze upon fully stocked cattle or sheep ranges without injury from overgrazing; but, as they are more readily disturbed, and travel greater distances and at greater speed than cattle, they do more damage to forage and tree growth through trampling and as a result require more of the range.

Charges for swine.

The forage consumed by swine is difficult to compare with that consumed by cattle, as their feed is mast, roots, and bulbs rather than forage grasses and plants; but, for purposes of administration, two head of swine will be considered equal to one cow. On account of the cost of regulating hog grazing, the very large proportionate natural increase, and the damage from rooting, 75 per cent of the rate for cattle is equitable.

Charges for dry sheep.

A band of dry sheep will not consume as much forage as a band of ewes with lambs, but since they will run and mass to a greater degree the demand on range is about equal. The absence of lambs in a band does not justify any reductions below the rates charged for ewes with lambs, and persons grazing dry sheep will not be given a reduction in rates or an increase in number.

Charge for lambing.

The additional charge of 2 cents per head for the privilege of lambing ewes upon the national forests is an extra charge for a special use of the range. It should not be included with the seasonal fee, but should be figured separately upon the number of ewes or does to be lambed or kidded. The control of suitable lambing grounds is one of the most important factors in successful sheep raising. The intensive method under which sheep must be handled during the lambing season causes more damage to the range than ordinary grazing, and the lambing charge is made accordingly.

The phrase "for the purpose of lambing or kidding" should be construed to mean the use of a range during the period from the time the first lambs or kids are born until the herds are made up for summer grazing, or ordinarily the period during which the herd is on the lambing grounds. The mere fact that lambing corrals are located upon patented land within the forest or upon public lands immediately adjacent will not relieve a permittee from the payment of the lambing charge. Two cents per head will be charged in all cases where drop bands are grazed upon the forest or where ewe bands enter the forest immediately after the lambs are dropped and before the herds are made up for the summer. If a lambing ground is located partly within a forest and partly outside or on private lands, so that the stock will be grazed on and off the forest during the lambing period, there should be a division of the extra charge for lambing on the same basis as the on-and-off grazing fee.

While it is true that in some cases ewes or does entering the forest with lambs or kids after the herds are first made up must be confined to a limited

area until the young are able to travel and consequently damage the range to an unusual extent, the element of special use and damage is not present and they will be charged for at the regular rate established for sheep and goats for the period.

PAYMENTS AND REFUNDS

REG. G-11. ALL GRAZING FEES ARE PAYABLE IN ADVANCE OF THE GRAZING PERIOD, UNLESS OTHERWISE AUTHORIZED BY THE FORESTER. CROSSING FEES ARE PAYABLE

IN ADVANCE OF ENTERING THE NATIONAL FOREST.

WHEN AN APPLICANT IS NOTIFIED THAT HIS APPLICATION HAS BEEN APPROVED HE WILL REMIT THE AMOUNT DUE FOR THE PRIVILEGE TO THE DESIGNATED UNITED STATES DEPOSITORY. PERSONS WHO FAIL TO PAY THE FEES AS ABOVE SPECIFIED MUST NOTIFY THE PROPER FOREST OFFICER AND GIVE SATISFACTORY REASONS. FAILURE TO COMPLY WITH THE ABOVE PROVISIONS MAY BE SUFFICIENT CAUSE FOR DENYING A GRAZING OR CROSSING PERMIT.

WHEN A PERMITTEE IS PREVENTED FROM USING THE FOREST BY CIRCUMSTANCES OVER WHICH HE HAS NO CONTROL OR FOR SOME JUSTIFIABLE CAUSE DOES NOT USE THE PRIVILEGE GRANTED HIM, IN THE DISCRETION OF THE DISTRICT FORESTER A REFUND OF THE FEES PAID WILL BE MADE IN WHOLE OR IN PART AS THE CIRCUMSTANCES MAY JUSTIFY AND THE GOVERNMENT'S INTERESTS WILL PERMIT.

Payment of fees.

INSTRUCTIONS AND PROCEDURE

Grazing fees may be paid in two equal installments, except as hereinafter provided. The first payment must be made on or before the beginning of the grazing period, and the second payment on a date specified by the district forester, but not later than December 1 of any year.

All fees of $10 or less, crossing fees, and those due on temporary stock where the permittee has no established preference must be paid in full on or before the beginning of the grazing period.

Payment on term permits.

All persons holding term permits will be furnished a letter of transmittal (Form 861-G) by the supervisor, covering the grazing fees for the current year. Form 861-G, when returned to the permittee, will validate his permit for the period covered by the fees paid.

Emergency concessions.

If an emergency requires that stock be allowed to enter the forest immediately, the supervisor may allow the stock to enter upon satisfactory evidence that the fee has been forwarded to the United States depository, the permit to be issued when notice of a receipt of the remittance is received. In no case will stock be allowed to enter the forest before remittance has been made. How payments are made.

Upon receipt of a letter of transmittal (Form 861-G) by an applicant he will forward the amount due to the designated United States depository in accordance with the instructions found on the back of the letter of transmittal. Nonpayment of fees.

IT IS NOT THE INTENTION TO BAR THE APPLICANT FROM ALL FUTURE USE OF THE RANGE BECAUSE HE FAILS TO PAY HIS GRAZING FEES FOR ONE PERIOD OR PART OF A PERIOD WITHIN THE TIME SPECIFIED FOR SUCH PAYMENT. IF HE FAILS TO DO SO HE WILL BE DENIED A PERMIT UNTIL THE GRAZING FEES HAVE BEEN PAID, AND MAY BE PROSECUTED FOR TRESPASS IF HIS STOCK GRAZE UPON THE FOREST, AND HIS FREFERENCE MAY BE REVOKED IN WHOLE OR IN PART AS PROVIDED UNDER REGULATION G–19. IN CASE TRESPASS ACTION IS INSTITUTED, THE APPROVAL OF THE APPLICATION WILL BE MODIFIED SO AS TO EXCLUDE THAT PART OF THE GRAZING PERIOD WHICH THE STOCK WERE IN TRESPASS, AND PERMIT WILL BE ISSUED FOR ONLY THE PART OF THE PERIOD DURING WHICH THE OCCUPANCY OF FOREST LAND IS IN ACCORDANCE WITH THE REGULATIONS. THE PROPER PROPORTION OF THE GRAZING FEE CHARGED WILL BE COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF REGULATION G-10.

IF THE APPLICANT MAKES APPLICATION WITHOUT INTENDING TO USE THE RANGE, BUT MERELY TO HOLD IT TO THE EXCLUSION OF OTHER PERMITTEES, HE MAY BE DENIED A PERMIT.