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REGISTER
VOLUME 2

1934

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NUMBER 25

Washington, Saturday, February 6, 1937
DEPARTMENT OF ,THE INTERIOR.
Division of Grazing.
A mendment to the R ules for A dministration of G razing D istr icts 1

The Rules for Administration of Grazing D istricts approved March 2, 1936, and as amended heretofore, shall remain in full force and effect except that the first two paragraphs thereof and the sections entitled Licenses and "Duties, under the heading D istrict Advisors, shall be amended to read as follows:
The issuance of temporary licenses w ill be continued in each grazing district until such time as the necessary data are available upon which to issue permits.
LICENSES

Licenses issued in 1937 w ill be operative only during that year or for such part of 1938 as may be considered the winter grazing season but in no event will extend beyond May 1, 1938.
Such licenses will be revocable for violation of the terms thereof and will term inate on the issuance of permits in a district.
An applicant for a grazing license is qualified if he owns livestock and is:
1. A citizen of the United States of America or one who has filed his declaration of intention to become such, or 2. A group, association, or corporation authorized to conduct business under the laws of the State in which the grazing district is located.
A qualified applicant w ill be considered in a preferred classification if he is a member of any one of the following four classes:
1. Landowners engaged in the livestock business.
2. Bona fide occupants.
3. Bona fide settlers.
4. Owners of water or water rights.
The following definitions will assist in determining who belongs in said classes:
An occupant to be bona fide must show that he actually occupies land to the exclusion of others for at least the period for which such land is subject to grazing. Such exclusive occupation may be by fencing or otherwise excluding trespassers. Posting notices unaccompanied by actual possession, or part-tim e seasonal use by grazing livestock, will not be considered occupancy. Any land claimed to be occupied must be held under a right such as to entitle the applicant to possession. Lands to which the applicant has no lawful right of occupation cannot be made the basis of a claim of bona fide occupation.
1Under the act of June 28, 1934 48 Stat. 1269, as amended June 26, 1936 49 Stat. 1976, commonly known as the Taylor Grazing Act.

A bona fide settler is one who m aintains actual residence under lawful authority on the land to the exclusion of a residence elsewhere.
An owner of water or water rights must show that it is for stock watering purposes and held under proper authority from the State.
Qualified preferred applicants will be given licenses to graze the public range insofar as available and necessary to permit a proper use of the lands, water, or water rights owned, occupied, or leased by them.
In determining the proper use of land or water, the following definitions will guide:
Property shall consist of land and its products or stock water owned or controlled and used according to local custom in livestock operations. Such property is:
a Dependent if public range is required to m aintain its proper use.
b Near if it is close enough to be used in connection with public range in usual and customary livestock operations. In case the public range is inadequate for all the near properties, then those which are nearest in distance and accessibility to the public range shall be given preference over those not so near.
c Commensurate for a license for a certain number of livestock if such property provides proper protection according to local custom for said livestock during the period for which the public range is inadequate.
When the available range is insufficient to m eet the requirements of all in the preferred class, such class w ill be divided into two groups as follows:
1. Those who have dependent commensurate property which has been used in connection with the public range for a full grazing season during the 5-year period immediately preceding the passage of the act or its amendment under whichever the district was created.
In any district in which the regional grazier is convinced that the establishm ent of groups according to the above rule is unsuited to local conditions and w ill not permit an effective and orderly adm inistration of the act in that particular district, he may recommend a different period of use as a standard for the establishm ent of groups in such district, provided that such proposed new rule shall not be operative until approved by the Secretary of the Interior.
2. Those who do not have such prior use.
Issuance of licenses.after residents w ithin or immediately adjacent to a grazing district having dependent commensurate property are provided with range for not to exceed ten 10 head of work or m ilch stock kept for domestic purposes, the following-nam ed classes, in the order named, w ill be considered for licenses:
1. Qualified applicants of the preferred class who have prior use.
2. Qualified applicants of the preferred class who do not have such prior use.
3. Qualified applicants who are not in the preferred class.
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