Grazing permits are issued only to persons entitled to share in the use of the range within the National Forests by reason of their fulfilling certain conditions or requirements. Prior use and occupancy of National Forest lands for grazing purposes is the first and foremost requirement. Local residence and ownership of improved ranch property within or near the Forest and dependence upon government range are also conditions that may entitle a stockman to grazing privileges. The Forest Service also recognizes those stockmen who have acquired by purchase or inheritance stock grazed upon National Forest lands under permit and improved ranch property used in connection with the stock, provided circumstances warrant the renewal of the permit issued to the former owner. The regular use of a range during its open season for several successive years before the creation of the National Forest and under grazing permit thereafter is what is meant by "prior use" or "regular occupancy." The longer the period or use the greater the preference right. No one can acquire this right to the use of National Forest range, nor can it be bought or sold, but stockmen may acquire a preference in the allotment of grazing privileges. This preference right does not entitle him to continued use of a certain part of a Forest, but only to preference over other applicants less entitled to consideration in the use of the ranges open to the class of stock which he wishes to graze. Certain stockmen may be given preference in ranges secured by prior use and occupancy supplemented by heavy investments in improved property and water rights.
Citizens of the United States are given preference in the use of the National Forests, but persons who are not citizens may be allowed grazing permits provided they are bona fide residents and owners of improved ranch property either within or adjacent to a National Forest. Regular occupants of the range who own and reside upon improved ranch property in or near National Forests are given first consideration, but will be limited to a number which will not exclude regular occupants who reside or whose stock are wintered at a greater distance from the National Forests. With this provision applicants for grazing permits are given preference in the following order:
Class A. Persons owning and residing upon improved ranch property within or near a National Forest who are dependent upon National Forests for range and who do not own more than a limited number of stock (known as the protective limit).
Class B. Regular users of National Forests range who do not own improved ranch property within or near a National Forest, and persons owning such ranch property but who own numbers of stock in excess of the established limit.
Class C. Persons who are not regular users of the National Forest range and who do not own improved ranch property within or near a National Forest. Such persons are not granted permits upon Forests which are fully occupied by classes A and B. Classes B and C are not allowed to increase the number of stock grazed under permit except by the purchase of other permitted stock.
From this classification it is very evident that the small local stockmen who own approximately from 30 to 300 head of cattle and from 500 to 2,000 head of sheep and who own and reside upon the ranches near the Forests are given the preference in the allotment of grazing privileges.
Grazing Permits. Various kinds of grazing permits are required each year on the National Forests. These are known as ordinary grazing permits, on-and-off permits, private land permits, and crossing permits.
All persons must secure permits before grazing any stock on a National Forest except for the few head in actual use by prospectors, campers, ranchers, stockmen, and travelers who use saddle, pack and work animals, and milch cows in connection with permitted operations on the National Forests. Under these conditions 10 head are allowed to graze without permit.
Persons owning stock which regularly graze on ranges partially included within a National Forest, or upon range which includes private land may be granted permits for such portions of their stock as the circumstances appear to justify. This regulation provides for cases where only a part of a natural range unit is National Forest land, and where the economical use of the entire unit can be secured only by the utilization of the Forest land in connection with the other land. The regulation contemplates a movement of the stock governed by natural conditions, between the Forest range and the adjoining outside range, or between Forest land and intermingled private land. This is called an on-and-off permit.
Permits on account of private lands are issued to persons who own, or who have leased from the owners, unfenced lands within any National Forest which are so situated and of such a character that they may be used by other permitted stock to an extent rendering the exchange advantageous to the Government. The permits allow the permittees to graze upon National Forest land, free of charge, the number of stock which the private lands will support, by waiving the right to the exclusive use of the private land and allowing it to remain open to other stock grazed on National Forest land under permit.
The regular grazing permit carries with it the privilege of driving the permitted stock over National Forest lands to and from the allotted ranges at the beginning and end of the grazing season and from the range to the most accessible shearing, dipping, and shipping points during the term of the permit. But crossing permits are necessary for crossing stock over National Forest lands to points beyond the National Forest, for crossing stock to private lands within a National Forest, or for crossing stock to reach dipping vats or railroad shipping points. Rangers sometimes are detailed to accompany the stock and see that there is no delay or trespassing. No charge is made for crossing permits, but it is absolutely necessary that persons crossing stock comply with the regulations governing the National Forests and with the quarantine regulations prescribed by the Secretary of Agriculture and the state authorities.
Grazing Fees. The full grazing fee is charged on all animals under 6 months of age which are not the natural increase of stock upon which the fees are paid. Animals under 6 months which are the natural increase of permitted stock are not charged for. A reasonable fee is charged for grazing all kinds of live stock on National Forests. The rates are based upon the yearlong rate for cattle, which is from 60 cents to $1.50 per head, depending upon conditions on the Forest. The yearlong rates for horses are 25 per cent. more and the yearlong rate for swine 25 per cent. less than the rate for cattle. The rate for sheep is 25 per cent. of the yearlong rate for cattle. The rates for all kinds of stock for periods shorter than yearlong are computed in proportion to the length of the season during which the stock use National Forest lands. All grazing fees are payable in advance.