Agreement on part of permittee.

BEFORE THE PROVISIONS OF PARAGRAPH (C) ARE APPLIED IN ANY CASE, THE PERMITTEE'S APPROVAL TO SUCH PLAN MUST BE SECURED IN WRITING. IN THE EVENT THE DISTRICT FORESTER DECIDES TO SHIFT ALLOTMENTS OR MAKE ANY OTHER NEEDED ADMINISTRATIVE ADJUSTMENTS ON A RANGE IN WHICH THE ACQUISITION OR CONSTRUCTION OF IMPROVEMENTS IS INVOLVED, AND THE PERMITTEE REFUSES TO ACCEPT AN EQUITABLE PROPOSAL FOR COMPENSATING HIM FOR THE VALUE OF THE IMPROVEMENTS, HIS REFUSAL WILL BE CONSIDERED AS RELIEVING THE GOVERNMENT FROM FURTHER OBLIGATIONS, AND THE ADJUSTMENT MAY BE MADE WITHOUT APPLYING THE PROVISIONS OF THIS REGULATION.

Cases involving joint ownership.

WHERE JOINT OWNERSHIP OF IMPROVEMENTS IS INVOLVED, AGREEMENTS UNDER PARAGRAPH (C) SHOULD BE REACHED WITH ALL PERMITTEES INTERESTED IN THE IMPROVEMENTS, EACH RECEIVING THE SAME EQUITABLE CONSIDERATION ACCORDING TO HIS PRO RATA INTEREST. WHERE AGREEMENTS CAN NOT BE REACHED WITH ALL PERMITTEES INVOLVED, A MAJORITY OF THE PERMITTEES INTERESTED IN THE RANGE SERVED BY THE IMPROVEMENTS MAY FORM AN ASSOCIATION UNDER REGULATION G-18 AND AS SUCH MAY BECOME A SINGLE PERMITTEE AND BE DEALT WITH ACCORDINGLY. OR AN AGREEMENT MAY BE ENTERED INTO WITH AN ASSOCIATION WHEREBY THE WORK WILL BE DONE BY THE ASSOCIATION AND ALL PERMITTEES USING THE IMPROVEMENTS WILL BE GIVEN THE ADVANTAGES OF A FAIRLY ADJUSTED FEE. THE SERVICE WILL COOPERATE WITH THE ASSOCIATION IN SECURING ITS PRO RATA CONTRIBUTION FROM EACH PERMITTEE UNDER THE PROCEDURE AUTHORIZED BY REGULATION G-18.

Procedure under paragraph (c).

THE DISTRICT FORESTER WILL ASCERTAIN THE CHARACTER, LOCATION, NUMBER, VALUE, AND OWNERSHIP OF ALL RANGE IMPROVEMENTS INVOLVED IN ANY ADMINISTRATIVE ADJUSTMENTS OF RANGE USE. AFTER THE PLAN ON ANY AREA HAS BEEN COMPLETELY DEVELOPED, HE WILL SUBMIT THE PROPOSAL IN WRITING TO THE PERMITTEE. UPON RECEIPT OF THE WRITTEN ACCEPTANCE OF THE PROPOSAL BY THE PERMITTEE, THE DISTRICT FORESTER WILL CAUSE TO BE ENTERED ON THE CARD RECORD FORM 621 A NOTATION TO THE EFFECT THAT THE GRAZING FEES ARE

ADJUSTED ON THE BASIS OF THIS REGULATION.

THE FOLLOWING CLAUSE WILL BE INSERTED IN ALL GRAZING PERMITS ISSUED TO PERMITTEES TAKING ADVANTAGE OF THIS REGULATION:

"IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT FOR THE PERIOD AT A GRAZING FEE OF THE PERMITTEE DOES HEREBY RELINQUISH TO THE UNITED STATES ALL RIGHT, TITLE, OR INTEREST IN THE FOLLOWING DESCRIBED

IMPROVEMENTS:

Use of Government-owned improvements.

THE FACT THAT TITLE TO RANGE IMPROVEMENTS VESTS IN THE GOVERNMENT WILL NOT IN ITSELF PREVENT PERMITTEES FROM PARTICIPATING IN USING SUCH IMPROVEMENTS SO LONG AS THEY RETAIN PERMITS TO SHARE IN THE USE OF THE RANGE, BUT NO REDUCTION WILL BE MADE IN THE GRAZING FEE ON ACCOUNT OF GOVERNMENT-OWNED IMPROVEMENTS, EXCEPT AS MAY BE NECESSARY TO MAINTAIN

THEM.

Government aid on range improvements,

SUBJECT TO THE USUAL FREE USE REGULATIONS AND INSTRUCTIONS, POSTS, POLES, AND OTHER NECESSARY TIMBER MAY BE OBTAINED FREE OF CHARGE FOR THE CONSTRUCTION OF RANGE IMPROVEMENTS. THE SERVICE MAY ALSO CONTRIBUTE OTHER MATERIALS OR MAY PARTICIPATE IN THE CONSTRUCTION OF IMPROVEMENTS NECESSARY FOR THE EFFICIENT UTILIZATION OF THE RANGE. NO REDUCTION WILL BE MADE IN THE 10-YEAR REVERSION OF TITLE ON ACCOUNT OF TIMBER ALLOWED UNDER FREE USE. BUT IN THE CASE OF IMPROVEMENTS CONSTRUCTED UNDER PARAGRAPH (B) A REDUCTION WILL BE MADE IN THE 10-YEAR PERIOD CORRESPONDINGLY TO THE GOVERNMENT'S PRO RATA CONTRIBUTION OTHERWISE. IN THE CASE OF IMPROVEMENTS ERECTED UNDER PARAGRAPH (C) SUCH CONTRIBUTIONS WILL BE TAKEN INTO CONSIDERATION IN ADJUSTING THE FEE.

Adjusted fees to purchasers.

A PURCHASER OF STOCK OR RANCHES WITH WAIVER FROM A PERMITTEE WHOSE FEE HAS BEEN ADJUSTED TO COVER THE VALUE OF RANGE IMPROVEMENTS OR THE COST OF THEIR MAINTENANCE IS ENTITLED TO SECURE A PERMIT FOR THE NUMBER OF STOCK FOR WHICH THE RENEWAL OF PERMIT IS ALLOWABLE ON THE SAME BASIS OF GRAZING FEES AS THE ORIGINAL PERMITTEE.

GOVERNMENT-CONSTRUCTED COOPERATIVE RANGE IMPROVE

MENTS

REG. G-16.-THE FORESTER MAY PROVIDE FOR THE RECEIPT AND DISBURSEMENT OF COOPERATIVE FUNDS FROM STOCKMEN FOR THE IMPROVEMENT AND PROTECTION OF THE RANGE AND OTHER IMMEDIATELY RELATED NATIONAL FOREST INTERESTS WHICH MIGHT OTHERWISE BE ADVERSELY AFFECTED BY THE GRAZING OF LIVESTOCK. INSTRUCTIONS AND PROCEDURE

Object of regulation.

THE OBJECT OF THIS REGULATION IS TO ENABLE THE FOREST SERVICE TO SECURE NECESSARY RANGE BETTERMENTS WHICH CAN NOT BE OBTAINED UNDER THE VOLUNTARY PROVISIONS OF REGULATION G-15.

When cooperation may be required.

ADVANTAGE SHOULD BE TAKEN OF THIS PROVISION ONLY WHEN THE NECESSARY FUNDS ARE NOT AVAILABLE UNDER SOME APPROPRIATION, WHEN THE INTERESTS OF EITHER THE NATIONAL FOREST OR THE LIVESTOCK INDUSTRY WOULD OTHERWISE BE INJURED, AND WHEN IT IS IMPRACTICAL TO SECURE EQUIVALENT RESULTS UNDER REGULATION G-15.

Necessary conditions.

ONE OF THE CONDITIONS WHICH MUST BE MET IN PROVIDING FOR COOPERATION OF THIS KIND IS THAT THE IMPROVEMENT OR SERVICE SHALL BE NECESSARY FOR THE PROPER MANAGEMENT OF THE RANGE AND THE LIVESTOCK UNDER PERMIT OR TO PROTECT OTHER FOREST RESOURCES FROM INJURY BY GRAZING. THIS REGULATION DOES NOT AUTHORIZE THE RECEIPT AND DISBURSEMENT OF COOPERATIVE FUNDS FOR IMPROVEMENTS OR SERVICE NOT IMMEDIATELY RELATED TO THE USE OF THE NATIONAL FOREST FOR GRAZING PURPOSES.

Basis of financial cooperation.

WHEN IMPROVEMENTS OR SERVICE OF THE KIND DESCRIBED ABOVE ARE NEEDED BUT THE SELF-INTEREST OF THE PERMITTEE OR PERMITTEES IS NOT A SUFFICIENT MOTIVE TO SECURE THE DESCRIBED RESULT AND FUNDS ARE NOT OTHERWISE AVAILARLE, THE GRAZING PERMIT MAY INCLUDE AS ONE OF ITS CONDITIONS THE PAYMENT OF A CERTAIN AMOUNT PER HEAD INTO A COOPERATIVE FUND IN ADDITION TO THE PAYMENT OF THE GRAZING FEES.

WHERE SUCH A PROJECT IS DECIDED UPON THE PERMITTEES CONCERNED SHOULD FIRST BE CONSULTED AND ALLOWED THEIR CHOICE OF ALTERNATIVE PLANS: (1) NO REDUCTION IN GRAZING FEES ON ACCOUNT OF THE REQUIRED COOPERATIVE CONTRIBUTION, BUT AS COMPENSATION THEREFOR NO INCREASE IN FEES WILL BE MADE FOR 10 YEARS IN THE USE OF THE IMPROVED RANGE BASED ON THE INCREASE IN ITS VALUE FROM THE IMPROVEMENTS; (2) AN IMMEDIATE REDUCTION IN GRAZING FEES EQUAL IN AMOUNT TO THE COOPERATIVE ASSESSMENT. WHEN THE RANGE HAS BEEN IMPROVED AND COOPERATIVE CONTRIBUTIONS ARE NO LONGER REQUIRED THE RANGE WILL BE REAPPRAISED BY INCLUDING THE ADDITIONAL VALUE RESULTING FROM THE IMPROVEMENTS AND THE GRAZING FEES WILL BE READJUSTED TO MEET THE CHANGED CONDITIONS.

Examples.

(A) A RANGE INFESTED WITH POISONOUS PLANTS CAN NOT BE GRAZED TO EFFICIENT ADVANTAGE. WHERE SUCH RANGE IS USED IN COMMON BY MANY PERMITTEES, INDIVIDUAL SELF-INTEREST MAY LARGELY BE INOPERATIVE BECAUSE ALL USERS OF A COMMON RANGE SHARE IN ITS BENEFITS REGARDLESS OF PARTICIPATION IN EXPENDITURES FOR ITS IMPROVEMENT. WITHOUT ENFORCED AND REGULATED COOPERATION, AN IMPASS PREVAILS, THE RANGE IS OF LITTLE VALUE TO THE STOCKMEN, AND THE GOVERNMENT'S RECEIPTS ARE CORRESPONDINGLY LOW. IN SUCH CASES THE IMPROVEMENT OF THE RANGE SHOULD BE MADE AN OBLIGATION UPON ITS USE. THIS CAN ONLY BE ENFORCED BY REQUIRING A COOPERATIVE CONTRIBUTION FROM EACH PERMITTEE UNDER THE PROVISIONS OF REGULATION G-16. THE STOCK MEN IN TURN WOULD BE REIMBURSED FOR THEIR EXPENDITURE EITHER BY (1) 10-YEAR USE, OR (2) READJUSTMENT OF THE GRAZING FEE AS THEY MAY ELECT. (B) WHERE IT IS NECESSARY ΤΟ EXCLUDE STOCK FROM AN AREA NEWLY PLANTED OR RECENTLY CUT OVER, THE CHOICE MAY LIE BETWEEN EXCLUDING ALL STOCK FROM A LARGE AREA OR FENCING A SMALL ONE, INCLUDING FENCING AS A PREREQUISITE TO THE USE OF THE RANGE. IN THE LATTER CASE COOPERATIVE CONTRIBUTIONS MAY BE REQUIRED UNDER EITHER PLAN (1) OR (2).

43213-25-PT 1———7

(c) THE USE OF A STOCK DRIVEWAY MAY SERIOUSLY INJURE THE FOREST OR RANGE THROUGH LACK OF REGULATION, WHICH CAN NOT BE GIVEN IT BY THE ADMINISTRATIVE FORCE ON THE FOREST WITHOUT SUBJECTING OTHER FOREST INTERESTS TO EVEN GREATER INJURY. IN SUCH A CASE THE ONLY ALTERNATIVE TO PROHIBITING THE USE OF THE DRIVEWAYS IS TO PROVIDE FOR PROPER PROTECTION BY REQUIRING CONTRIBUTIONS TOWARD A COOPERATIVE FUND, WHICH CAN BE USED IN EMPLOYING AN OFFICER TO ENFORCE DRIVEWAY REGULATIONS. OBVIOUSLY ONLY PLAN 2 WOULD BE ACCEPTABLE TO THE STOCK MEN IN A CASE OF THIS KIND, AND THERE CAN BE NO REAPPRAISAL UNTIL IT IS PRACTICABLE TO DISCONTINUE THE COOPERATIVE REQUIREMENT.

Procedure.

WHERE IT APPEARS NECESSARY OR DESIRABLE TO PROVIDE A COOPERATIVE FUND FOR IMPROVEMENTS OR PROTECTION UNDER THIS REGULATION, THE SUPERVISOR SHOULD SUBMIT A COMPLETE REPORT WITH DETAILED PLANS TO THE DISTRICT FORESTER, DISCUSSING THE PROPOSED PROJECT FROM THE STANDPOINT OF NATIONAL FOREST INTERESTS AND THE INTERESTS OF THE STOCKMEN, WHO SHOULD BE FREELY CONSULTED AND GIVEN FULL CONSIDERATION BEFORE FINAL RECOMMENDATIONS ARE MADE. IF THE DISTRICT FORESTER FINDS THAT THE PROJECT MEETS THE REQUIREMENTS OF THE LAW AND SERVICE POLICY, IS IN THE PUBLIC INTEREST, AND DOES NOT IMPOSE AN INEQUITABLE BURDEN ON THE STOCKMEN, HE WILL APPROVE THE PLAN AND AUTHORIZE THE COLLECTION OF A COOPERATIVE FUND UPON A DEFINITE BASIS. THE PAYMENT OF THE APPROVED PRO RATA SHARE ANNUALLY TOWARD SUCH COOPERATIVE FUND, WITH THE GRAZING FEES (ADJUSTED, IF NECESSARY, TO MEET THE NEW CONDITIONS), WILL THEREAFTER BECOME AN ADDITION AL REQUIREMENT FOR THE CONTINUANCE OF GRAZING PERMITS ON THE AREA. THE NOTICE TO STOCKMEN REQUIRING PAYMENT SHOULD BE ON FORM 861-G. COOPERATIVE CONTRIBUTIONS SHOULD BE PAID IN FULL ON OR BEFORE THE BEGINNING OF THE GRAZING PERIOD.

Limitations.

WHERE IT APPEARS NECESSARY TO READJUST THE RANGE APPRAISAL TO PROVIDE FOR COOPERATIVE PROTECTION OR IMPROVEMENTS UNDER REGULATION G-16, THE DISTRICT FORESTER SHOULD IN NO CASE MAKE A REDUCTION FROM THE RATES PREVIOUSLY APPROVED BY THE FORESTER, WHICH WILL EXCEED 10 PER CENT OF THE GRAZING FEES FOR THAT FOREST IN ANY ONE YEAR.

DAMAGE TO IMPROVEMENTS

REG. G-17.-The owners of all stock grazed on or allowed to cross any national forest must repair damage caused by their stock to roads, trails, springs, or other improvements. Failure to make prompt and adequate repairs, particularly after repeated notice, is sufficient grounds for suspending or revoking the offender's permit or preference in whole or in part.

INSTRUCTIONS AND PROCEDURE

Damage to roads, trails, or springs.

Each person or group of persons granted grazing permits must repair any damage to roads or trails under the jurisdiction of the Forest Service caused by the presence of their stock. They must also fence any spring or seep upon Government lands which is being damaged by the trampling of their stock, and if required by the supervisor must pipe the water into troughs or reservoirs for watering stock. Such reservoirs must be open for public use.

It is entirely reasonable to require a permittee to clear a road or trail which has been filled with rocks by the passage of his stock, but it is not reasonable to ask him to improve the condition of the roads or trails beyond what they were before his stock entered the forest. If the permittee refuses to repair damage, the service should undertake the improvement with the cooperation of the interested permittees if they can be persuaded to assist. The supervisor should report the case to the district forester with recommendations for appropriate action regarding the grazing preference of the offending party. The penalty should be proportional to the offense.

Similar repairs on State or county roads may be required in the discretion of the supervisor. This should be required particularly in the case of roads which are being maintained by the Forest Service or in the maintenance of which the service is cooperating with State or county agencies.

COOPERATION WITH STOCKMEN

REG. G-18. In order to secure a collective expression of the needs of persons holding grazing permits on national forests, or portions thereof, and to afford them a reasonable opportunity to share in the administration of grazing and secure joint action on the part of permittees the Forester will provide for recognition of and cooperation with State and local livestock associations under the provisions of Regulation A-9.

Whenever a national livestock association appoints an advisory board or committee representing users of the national forests in all of the different States, it will be recognized by the forester and consulted annually regarding matters which concern the use of national forest range.

INSTRUCTIONS AND PROCEDURE

Reasons for cooperation.

The primary purpose of the regulations is to make the national forests as useful as possible to the people, consistent with their protection and the perpetuation of their resources. It is clearly impossibe to meet the wishes of each individual user, but it may be possible to meet the wishes of the majority if made known through an organization.

Recognition of associations.

Whenever a State livestock association appoints an advisory board it may be recognized by the district forester and consulted in regard to general matters which affect the administration of the national forests within the entire State.

Within the discretion of the district forester, local associations which comply with the requirements may be recognized by the forest supervisor.

Character of association.

An association must contain a majority of the permittees using the area for which it desires recognition and may be officially recognized for an entire forest, a district, a division, or as a group of permittees having a community of interest in particular features of range administration.

The phrase "majority of the permittees means a majority of the permittees in the preceding grazing season who grazed a certain class of stock under permits of record, either paid or on account of private lands, upon the range unit within which recognition of the association is desired.

Small organizations practicable.

In the administration of the national forests, good results have been secured through cooperation with associations representing the users of small grazing divisions who have a community of interest, are readily assembled for the consideration of administrative policies, and are closely in touch with the conditions on their ranges.

Requirements for recognition-Advisory boards.

Any livestock organization recognized under the provisions of Regulation G-16 may select a committee authorized to make agreements binding upon the association. This committee, upon application to the forest supervisor, may be recognized as an advisory board for the association and shall then be entitled to receive notices of proposed action and to be heard by the local forest officer in reference to increases or decreases in the number of stock authorized, the division of the range between different classes of stock, or the adoption of special rules to meet local conditions.

Livestock associations desiring to take advantage of this regulation must file an application with the supervisor, giving the names of all members, the name of the forest in which its members are interested, and the names of the committeemen who are to act for the association. The advisory board should ordinarily consist of not more than five members, and a majority of the board must constitute a quorum.

The application must be accompanied by a copy of the constitution and bylaws, which must contain a provision that the action of the board will be binding upon the association. These by-laws must provide that all persons who are permitted to graze the kind of stock represented by the association within the area which it covers will be eligible to membership.

Changes in personnel, constitution, or by-laws.

Supervisors will keep informed of any changes in the membership of recognized association or in the personnel of the advisory board and of amendments to the constitution and by-laws adopted. Should such changes reduce the status of the association below the requirements for recognition in the first instance, the supervisor should determine whether official recognition of the association will be continued, modified, or withdrawn.

Procedure.

The supervisor will determine whether or not the association is entitled to recognition. Upon approval by the supervisor, the secretary of the association will be notified.

If the application is disapproved, the secretary of the association will be informed, with specific reasons therefor, and instructions given indicating what the association must do in order to secure recognition. Copies of letters approving or disapproving recognition will be sent the district forester. An appeal from the supervisor's decision may be made to the district forester. Qualifications for membership of an advisory board.

Members of local, State, or national advisory boards must be grazing permittees on some national forest. In the case of local boards, they need not be users of the particular forest or district for which the association has been recognized.

Considération of recommendations of advisory board.

Each supervisor should give full and careful consideration to the suggestions and recommendations of advisory boards, although it is the responsibility of the forest officer to determine in each instance whether the wants of the association are compatible with the good of the forest and other interests. The Forest Service must control the grazing on the forests and retain final administrative authority.

Meetings of advisory boards.

Whenever the supervisor desires to bring any matters before an advisory board he should address a letter to the secretary requesting him to call a meeting on some designated date, stating clearly the matters to be discussed.

If, after setting the date of any meeting, giving ample time for all members to attend, a majority of the board is not present, the forest officer will be relieved from obligaion to delay action.

When it is necessary to disapprove the recommendations of an advisory board, they will be furnished a clear statement of the reasons for disapproval. Special rules.

Upon request of an advisory board, special rules designed to secure economy of operation, larger natural increases, improved grades of livestock, etc., may be approved by the supervisor.

When a special rule is recommended by an advisory board of only a part of the territory represented by it, a showing must be made that the rule is approved by a majority of the permittees using the area to which it will apply, excluding those holding temporary permits.

No rule should be adopted that is contrary to the State or Federal statutes concerning livestock.

Special rules once established will remain in force until revoked. They will be binding upon all permittees whether members of the association or not.

The previous paragraph will not be construed to force permittees to join such organization or association or pay membership dues in them unless they are willing to do so.

Applications for special rules.

Applications for special rules approved by the advisory board will be submitted to the supervisor in writing. Standard special rules of proved value may be approved by the forest supervisor. If the special rule requested is not standard the supervisor will forward it with his recommendations to the district forester.

The district forester will notify the secretary of the association by letter, setting forth the reasons for his decision. A copy of this letter will be sent to the supervisor,