40 NATIONAL FOREST MANUAL GRAZING. 



When Applicant Controls Over Half of Allotment. 



Where more than one-half of the land comprising the range allot- 

 ment is controlled by the applicant, ordinarily an on-and-off permit 

 may be issued. The waiver of exclusive use of unfenced private land 

 is not necessary, unless the interests of the Government especially 

 demand it. 

 Determination of Range Capacity. 



In every possible instance, where such information has not already 

 been obtained, the grazing capacity of the lands offered as the basis 

 of the free permit and the advantages of the exchange should be 

 determined by field examination and reported upon Form 251. 



When Advantageous. 



In the issuance of permits under this regulation it is intended that 

 the Government will be compensated for the use of the forest lands by 

 an equivalent use, through stock under paid permit, of the private 

 lands to which the right of exclusive use has been waived. When the 

 private lands are so situated and of such character that they will not 

 be occupied by stock upon which fees have been paid, by the owner 

 or lessee of the private land or by other permittees, to an extent 

 approximately equal to the occupation of the forest lands by the 

 stock under free permit, the Government will not be adequately com- 

 pensated for the use of its lands and the exchange should not be made. 

 Determination of Status. 



Before issuing permits under this regulation the supervisor must 

 determine that the title of the land has passed from the United States 

 and that the applicant has the right to its use. No grazing preferences 

 will accrue through use of the Natioaal Forest under this regulation. 

 Allowances for Private Lands. 



The following rules will govern grazing allowances on account of 

 private land within the exterior limits of National Forests when it is 

 desired to allow the use of National Forest lands upon a waiver by 

 the owner of the private land to exclusive use thereof in favor of For- 

 est Service permittees: 



Unperfected entries. Bona fide settlers who have made homestead 

 entry, but have not yet made final proof, may be allowed free permits 

 for grazing upon National Forest lands the number of animals their 

 lands will support. 



Persons wno have filed upon land within the National Forests 

 under laws not requiring residence may be allowed free permits for 

 grazing upon National Forests the number of stock their lands will 

 support, after they have made final payment for the land. 



Indian allotments. Owners or lessees of Indian allotments may be 

 allowed permits for grazing upon National Forests the number of 

 animals the land will support, provided that patent has issued or a 

 lease has been executed upon the blanks of the Indian Office and 

 approved by the Commissioner of Indian Affairs. 



Mining claims. Persons holding unpatented mining claims within 

 a National Forest have the right to the grass or other forage upon 

 such claim needed for stock used in connection with the development 

 of the claims, but they have no right to dispose of the forage to any 

 other person or to collect rental for the use of the claims for grazing 

 purposes. Such unperfected mining claims, therefore, can not be 

 accepted as the basis for a permit under this regulation. 



