QUALIFICATION OF APPLICANTS. (Beg. G-7.) 



The use of the National Forests for grazing purposes is in the dis- 

 cretion of the Secretary of Agriculture. There is no 

 not r tranfferabi^ ese ^ aw which gives an individual or corporation the right 

 to graze stock upon National Forest lands, and the 

 grazing use of such lands may be allowed by the Secretary of Agricul- 

 ture only as a personal and nontransferable privilege. This privilege 

 is a temporary one, allowable under the law only when it does not 

 interfere with the purposes for which the National Forests are created. 

 It is nontransferable because it is based upon the possession of cer- 

 tain qualifications peculiar to the permittee. 



By long use of the public lands of the United States for grazing pur- 

 Prior occu anc P ses > stock owners have been suffered to graze their 

 stock upon such lands 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 been commonly accepted in 

 many communities, even receiving the recognition of certain of the 

 courts. It is, however, allowed 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 Forest, such passive consent ceases and is superseded by definite 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 by the Secretary of Agriculture prescribed under the 

 authority of Congress. Grazing stock upon the Forests, except in 

 accordance with these regulations, is trespass against the United 

 States. 



No one can acquire a right to the use of National Forest range, but 

 he may acquire a preference in the allotment of grazing 



Legal rights. .' * rni . A -, , , . . , v . . 



privileges. This preference does not entitle him to 

 continued use of a certain part of a Forest, but only to a 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. These preferences 

 of their very nature possess relative degrees of superiority and conse- 

 quently have a number of gradations. 



Certain grazers may be given preferences in ranges secured by prior 



value of priviie e use an( ^ occu P anc y> supplemented in many cases by 

 heavy investments in improved property and water 

 rights. These preferences have a distinct value, and the failure to 

 recognize them would mean a financial loss by reducing the number of 

 stock which may be grazed and by the depreciation in the value of 

 lands and improvements. Two conditions only would justify such 

 action when necessary to stop damage to the Forest, and when 

 necessary to promote the settlement and cultivation of farming lands 

 tributary to the Forest through a wider distribution of the grazing 

 privilege. It is incumbent on the Service to allot limited privileges 

 to actual settlers in order to accomplish this latter purpose, but a 

 promiscuous division of grazing privileges among a number of owners 

 86104 11 3 33 



