18 



BRANCH OF GRAZING. 



Policy Regarding- Wild Horses 



If the presence of wild horses is seriously damaging the National Forest 

 range, the supervisor, upon petition of a majority of the permittees of a grazing 

 district, may allow the horses to be gathered and disposed of according to the 

 State or Territorial laws, provided public sentiment favors such action. In 

 such cases, the Forest Service will, upon recommendation from the supervisor, 

 cooperate in the construction of corrals or fences for the purpose of capturing 

 the horses. 



Forest officers may at any time drive, from the National Forests, horses for 

 which no permit has been issue'd. However, if the owners of the horses are 

 known and the ownership is acknowledged, the owners should be allowed to 

 adjust the matter by paying the grazing fee. If they refuse to apply for per- 

 mits, then trespass charges should be brought against them and the case con- 

 ducted in accordance with the general instructions. 



Unbranded horses may be handled according to the State estray laws, but 

 Forest officers can not be allowed to gather such horses for the purpose of using 

 or selling them, nor can they be allowed to collect any remuneration from any 

 person for corralling unclaimed horses. 



The policy of the Forest Service will be, therefore, to cooperate with the 

 stockmen or the State or Territorial authorities when these authorities take 

 the initiative in disposing of wild horses on the National Forests, but the present 

 laws and regulations do not admit of independent action by the Forest Service. 



Applications from persons under Indictment 



Persons who have been regular users of the National Forest range should 

 not, because of any pending indictments against them for land or timber frauds 

 against the Government, be refused permits for grazing purposes, for free use 

 of timber, for pastures, or for other uses in connection with the handling of 

 their live stock. During the time they are awaiting trial the accused persons 

 must not be denied any use hitherto enjoyed by them, and upon the continuance 

 of which their means of livelihood might depend. 



However, persons under indictment for land fraud or other crimes against 

 the Government, when they have not been regular users of the National Forest, 

 will not be allowed grazing or special use permits until their . innocence has 

 been established, because to refuse them such permits will not deprive them of 

 any use hitherto enjoyed, but will merely prevent their acquisition of new rights 

 pending their trial. 



Use of TJnapproved State Land Selections 



Persons who have entered into agreement to purchase or who have leased 

 from a State any lands which have been selected under authority of an act of 

 Congress, and the lists of which have been filed with the Commissioner of the 

 General Land Office but have not been approved, will be allowed the use of 

 these lands for grazing purposes, pending final action upon the validity of the 

 selections. 



In permits based upon the right to the use of unapproved State selections 

 the following clause should be inserted: 



And provided, That the issuance of this permit gives no right to the use 

 of the above-described lands, except for grazing purposes, and in case the 

 selection made by the State is disapproved this permit shall be null and 

 void. 



