The Secretary of Agriculture has authority to permit, regulate, or prohibit grazing in the forest reserves. Under his direction the Forest Service will allow the use of the forage crop of the reserves as fully as the proper care and protection of the forests and the water supply permits. In new forest reserves where the live-stock industry is of special importance, full grazing privileges will be given at first, and if 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 assist the stock owners to a satisfactory distribution of stock on the range in order to secure greater harmony among citizens, to reduce the waste of forage by tramping in unnecessary movement of stock, and to obtain a more permanent, judicious, and profitable use of the range.
The leading objects of the grazing regulations are:
(a) The protection and conservative use of all forest reserve
land adapted for grazing.
(b) The best permanent good of the live-stock industry through
proper care and improvement of the grazing lands.
(c) The protection of the settler and home builder against unfair competition in the use of the range.
On the other hand, the Forest Service expects the full and earnest cooperation of the stock owners to carry out the regulations.
Permits will be issued to graze a certain number of live-stock in each reserve or part of a reserve, so long as no marked damage is done by such stock; but whenever a reserve is being injured by too much stock or the way it is being handled, the number will be reduced until the damage is stopped. In extreme cases, if necessary, all stock will be excluded.
Cattle and horses will usually be allowed to graze in all reserves. Sheep and goats will be allowed to graze in reserves or in parts of reserves where special conditions warrant such privileges, but will be restricted to the areas and grazing periods fixed by the forest officers.
Permits will usually be granted for one year, but where all controversies have been settled and only a proper number of stock are allowed, permits may be granted for more than one year, if conditions are favorable.
REG. 9. All persons must secure permits before grazing any stock in a forest reserve, except the few head in actual use by prospectors, campers, and travelers, and milk cows and work animals not exceeding a total of six head owned by bona fide settlers, which are excepted and require no permit. Any person responsible for grazing stock without a permit is liable to punishment for violation of the law.
REG. 10. The grazing privilege will be granted only to citizens of the United States.
REG. 11. The Secretary of Agriculture will determine the number of stock to be allowed in a reserve for any year. The period during which grazing will be allowed is determined by the Forester. The supervisor is authorized to issue grazing permits in accordance with the instructions of the Forester.
The grazing season for which permits are issued must not exceed the period authorized, and the total number of stock included in all permits issued must not exceed the number allowed by the Secretary's order.
Applicants for grazing permits will be given preference in the following order:
(a) Small near-by owners.
Persons living in or close to the reserve whose stock
have regularly grazed upon the reserve range and who are dependent upon
its use.
(b) All other regular occupants of the reserve
range.
After class (a) applicants have been provided
for, the larger near-by owners will be considered, but limited to a number
which will not exclude regular occupants whose stock belong or are wintered
at a greater distance from the reserve.
(c) Owners of transient stock.
The owners of stock which belong at a considerable distance from the reserve and have not regularly occupied the reserve range.
The applications of new settlers owning small bands of stock will be considered in all cases except where the range is fully occupied by small owners. Priority in the occupancy and use of the range will be considered, and preference will be given to those who have continuously used the range for the longest period.
The number of stock allowed an applicant will be determined upon the merits of each case. Whenever it is found necessary to reduce the number of stock allowed in any reserve or portion of a reserve, the small owners of stock are first provided for; the reduction is then made on the number allowed the larger owners on the basis of a sliding scale suited to the conditions in each case. Class (c) stock will be excluded before the other classes are reduced.
The owners of stock which belong in the State or Territory in which a forest reserve is located will be given the preference, and resident owners will be considered first; but owners of stock coming from adjoining States or Territories will also be considered when circumstances warrant it.
REG. 12. The supervisor will set and give public notice of a date each year on or before which all applications for grazing permits must be presented to him. Permits will be refused to persons who do not file their applications within the required limit, unless satisfactory reasons are given.
Applications and permits will be divided into two classes, cattle and horses, and sheep and goats. Permits for each class will be numbered separately and consecutively, and a separate set of records will be kept for each. At the end of each month the supervisor will report the name and address of each person to whom he has issued a permit, the number and class of stock covered by it, and the district or portion of the reserve in which the stock are to be grazed.
Whenever there is dispute between applicants for the privilege of grazing stock on the same area or district, if the supervisor is unable otherwise to determine who is best entitled to a permit, he will notify the applicants to appear before him at a stated time and place, then and there to make a statement of their claims. After all evidence has been presented, the supervisor will decide who shall be granted permits, and his decision will be final unless written notice of appeal to the Forester is given him within ten days thereafter. Appeal will avail only in case of error.
Upon approval of a grazing application the supervisor will immediately notify the applicant.
Whenever a grazing application is disapproved or the number of stock applied for is reduced, the supervisor will at once notify the applicant to that effect.
Whenever the supervisor desires such information,
he is authorized to require applicants to file a supplemental certificate
setting forth the location and area of their ranches and also of the public
lands used for grazing, the number and class of stock owned, and the length
of time they have occupied the range.
No. ____,
_____, 190__.
I, ____, of ____, being a citizen of the United States and a resident of the State of ____, do actually own and make application for the privilege of pasturing--
____head of cattle
____head of horses
____head of sheep,
branded, ____,
within the ____ Forest Reserve, from ____, 190_, to ____, 190_: Provided, That the animals shall not intrude upon any areas upon which grazing is prohibited.
It is my desire to graze said animals upon that part of the reserve described as follows:
This application is made for my own exclusive use and benefit, and not directly or indirectly for the use of any other person. If it is granted, I do hereby agree to pay the amount due for grazing fees promptly upon receipt of notice that it has been granted, and to comply fully with all forest-reserve rules and regulations now or hereafter adopted.
I also hereby bind myself and employees engaged in caring for the animals while on the reserve to extinguish all camp fires started by myself or any of my employees before leaving the vicinity thereof, and to aid in extinguishing all forest fires within the territory occupied by me or my employees.
I also agree to forfeit the permit for a violation of any of its terms or of the terms hereof, or whenever an injury is being done the reserve by reason of the presence of the animals therein.
_____ _____,
(P. O. address) ____,
Approved for--
____ cattle, ____ horses, ____ sheep.
REG. 13. Reserves in which grazing is allowed will be divided into districts approved by the Forester, and such range divisions made among applicants for the grazing privilege as appear most equitable and for the best interest of the reserve. When required for the protection of camping places, lakes and streams, roads and trails, etc., or of areas which are to be reforested, stock will be excluded from specified areas for such period of time as is necessary.
At the end of each season the supervisor will go over the grazing grounds without delay and examine the effect of grazing on the reserve. He will make a full report to the Forester, with recommendations as to the number of stock to be allowed the following year, the division of the range into districts, and the areas to be opened or closed to grazing.
REG. 14. Permits will be granted only to the actual owners of stock and for their exclusive use and benefit, and will be forfeited if sold or transferred in any manner or for any consideration without the written consent of the Forester.
Persons owning cattle and horses which regularly graze on ranges located along the boundary line and only partially included within a forest reserve may be granted permits for such portion of their stock as the circumstances appear to justify, but may be required to herd or so handle their stock as to prevent trespassing by that portion for which a permit is not granted.
REG. 15. Grazing applications must not cover more stock than the applicant owns and desires to graze in the reserve, and must show the marks and brands of the stock, the portion of the reserve or district in which pasture is desired, and the grazing period. Permits will be refused or canceled for false statement of the number of stock owned.
REG. 16. Persons who fail to use their grazing permits must notify the supervisor before the opening of the grazing season, or immediately thereafter, and give satisfactory reasons for not using the permit, or they may be denied the grazing privilege the following season.
REG. 17. When an owner who has a permit is ready to drive in his stock he must notify the supervisor, by mail or otherwise, stating the number, and if cattle or horses, giving the brands; he must also notify the supervisor when the stock is removed from the reserve. If called upon to do so, he must provide for having his stock counted before entering the reserve, or at any time afterwards when the number of stock appears to be greater than the number covered by permit. Whenever any stock is removed before the expiration of the permit, it can not be replaced by other stock to fill out the number covered by permit until such action has been approved by the supervisor.
REG. 18. Each person or group of persons granted grazing privileges will be required to repair all damage to roads or trails caused by the presence of their stock in any portion of a reserve, and to build any new roads or trails found necessary for the proper handling of the stock. They will also be required to fence any spring or seep which is being damaged by tramping, and, if necessary, pipe the water into troughs for stock-watering purposes. Such troughs must be open for public use.
REG. 19. All persons holding grazing permits will be required to salt their stock regularly and at such places as may be designated by the forest officers.
REG. 20. Sheep must not be bedded more than six nights in succession in the same place, except when bedding bands of ewes during lambing season, and must not be bedded within 500 yards of any running stream or living spring.
REG. 21. All stock which is grazed under permit in any forest reserve will be required to conform to the quarantine regulations of the Bureau of Animal Industry and of the State or Territory in which the reserve is located.
Whenever the stock in any locality is known to be infected with a contagious disease, or notice to that effect has been given the Forester by the Bureau of Animal Industry, the owners of all stock to be grazed in forest reserves must, if required to do so, submit the stock to inspection, and, if found necessary, have such stock dipped or otherwise treated before they are allowed to enter. At any time during the period for which a grazing permit has been issued, if the stock are found to be infected with a contagious disease, they must be dipped or otherwise treated in accordance with the instructions of the inspectors, or the permit will be canceled and the stock removed from the reserve.
REG. 22. Persons who own, or who have leased from the owners, land within any reserve which they desire to use for grazing purposes, will be allowed to cross the reserve lands with their stock to reach such private holdings, but must make application to the supervisor for the privilege of crossing. The application must be accompanied by a certificate of title showing the description and ownership of the land, and, if leased from an owner, a certified copy of the lease, and must state the number of stock to be taken in, the length of time required to cross the reserve land, the route over which the stock is to be driven, the date of entering, and the time when the stock will start out again; also how much stock the owned or leased land will carry during the period it is proposed to keep the stock upon it.
When any such application is made to the supervisor he will examine it, and if he finds it reasonable and just and made in good faith for the purpose of utilizing such private holdings only, he will approve it and forward to the Forester. After the Forester approves the application due notice will be given the applicant through the supervisor, and he may then take his stock in.
REG. 23. Persons wishing to drive stock across any part of a forest reserve must make application to the supervisor, either by letter or on the regular grazing application form, for the privilege of grazing the stock on the reserve en route, and must have a permit from the supervisor before entering the reserve. The application must state the number of stock to be driven across the reserve, the date of starting, and period required for passage. Grazing must be confined to the limits and along the route designated by the supervisor, and will only be allowed for the period actually necessary for stock to cross the reserve.
If occasion demands, forest rangers will be detailed by the supervisor to accompany the stock and see there is no delay or trespassing.
Whenever it appears necessary for stock to cross regularly any portion of a forest reserve in which grazing is prohibited, the supervisor will make a full report of the facts, with a description of the regular route traveled, the width of driveway necessary to allow the proper grazing of stock across the reserve, the number and class of stock which will probably cross, and the number of days allowed for crossing the portion of the reserve referred to. Upon receipt of such report by the Forester, if the circumstances warrant such action, a regular driveway will be established and the privileges to be granted will be defined.
REG. 24. The construction of corrals upon forest reserve lands covering an area of not more than one (1) acre, to be used in connection with the proper handling of live stock which are permitted to graze thereon, will be allowed whenever in the judgment of the forest officers such corrals are necessary and will not be detrimental to the proper care of the reserve. The construction of inclosures upon forest-reserve lands containing not more than three hundred and twenty (320) acres for pasturing saddle horses, beef steers, etc., will be allowed, when such inclosures are necessary for the proper handling of the stock allowed to graze upon the reserves, as a special privilege for which an annual rental of not less than four (4) cents per acre will be charged in addition to the regular grazing fee. The fencing up of watering places for the purpose of controlling adjoining range will not be allowed, and in fencing pastures provision must be made to allow free access to water by any stock grazing under permit. The application must state the exact location and area of the land to be inclosed, and must be accompanied by an agreement to pay the annual rental in advance and to comply with all forest reserve rules and regulations. The privileges granted by this regulation confer no property rights whatever, and all improvements will revert to the Government upon the expiration of the grazing permit, or of its renewal, unless the Forester allows other disposition.
If occasion demands, forest rangers will be detailed by the supervisor he will forward it to the Forester, with a recommendation for its approval or rejection. If approved by the Forester the applicant will be notified through the supervisor, and upon payment to the Special Fiscal Agent, Washington, D. C., of the rental for the year the construction or occupancy may begin.
The privileges granted under Regulation 24 confer no property right whatever, and all such improvements will revert to the Government upon the expiration of the grazing permit, or of its renewal, unless the Forester allows other disposition.
REG. 25. On and after January 1, 1906, a reasonable fee will be charged for grazing all classes of live stock on forest reserves. In the beginning the minimum price charged will be as follows, depending upon the advantages and locality of the reserve: From twenty (20) to thirty-five (35) cents per head for cattle and horses for the regular summer grazing season, and from thirty-five (35) to fifty (50) cents per head for the entire year; from five (5) to eight (8) cents per head for sheep for the regular summer grazing season, and from eight (8) to ten (10) cents per head for goats for the regular summer grazing season. These prices will be gradually advanced when the market conditions, transportation facilities, and demand for reserve range warrant it, but the grazing fee charged will in all cases be reasonable and in accordance with the advantages of the locality. An extra charge of two (2) cents per head, on grown stock only, will be made for sheep and goats which are allowed to enter the forest reserves for the purpose of lambing and kidding. (See Appendix, p. 130.)
REG. 26. Breeding stock entering either before or after the breeding season will be counted on an average percentage basis, which will be fixed hereafter by the Forester to fit the conditions in each reserve. All stock 6 months old and over, at the time of entering, will be counted at the same rate as grown stock.
REG. 27. Any period in excess of the regular summer grazing season will be charged for at the rate for the entire year, but no charge will be made for the crossing permits required by regulations 22 and 23.
REG. 28. All grazing fees are payable for each
year strictly in advance. When an applicant for a grazing permit is notified
by the supervisor that his application has been approved, he will remit
the amount due for grazing fees to the Special Fiscal Agent, Washington,
D. C., and upon the return of the receipt to the supervisor a permit will
be issued allowing the stock to enter the reserve and remain during the
period specified.
REG. 29. Wild grass upon forest reserves may be cut for hay under permits issued by supervisors. A reasonable charge per acre may be made, to be fixed by the supervisor under general instructions form the Forester. Application should be made in writing to the supervisor, directly or through a ranger, stating the location and area of the tract desired and the price offered.
Applications or permits to cut hay need not be upon
regular blanks. Supervisors anticipating business of this kind should report
to the Forester and suggest a price per acre for his approval. Under instructions
then received they will issue permits, retaining duplicates, agreed to
and signed by the applicant, for office records. They will not permit cutting
until the purchase price has been forwarded to the Special Fiscal Agent.
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USDA Forest Service History Collection