231.9 Issuance of permits to purchasers of livestock; grazing preferences not a property right. To facilitate legitimate business transactions, under conditions specified by the Chief of the Forest Service, and unless otherwise authorized or limited by the Secretary of Agriculture, and upon satisfactory evidence being submitted that the sale is bona fide, a purchaser of either the permitted stock or the dependent, commensurate ranch property of an established permittee will be allowed a renewal of permit in whole or in part, subject to the maximum limit restrictions, provided the purchaser of stock only, actually owns dependent, commensurate ranch property, and the person from whom the purchase is made waives to the Government his preference for renewal of permit. A renewal of permit on account of purchase from a grantee who has used the range less than 3 years will not be allowed.

A grazing preference is not a property right. Permits are granted only for the exclusive use and benefit of the persons to whom they are issued.* [Reg. G-9]

231.10 Fees for grazing permits exempt stock. A fee will be charged for the grazing of all livestock on national forests, except as provided by regulations, or unless otherwise authorized by the Secretary of Agriculture, or in cases where the Chief of the Forest Service may determine it is to the interest of the United States to permit free grazing.

The Chief of the Forest Service is authorized to determine the fair compensation to be charged for the grazing of livestock on the national forests, upon the basis of the following factors:

(a) A proper use of the grazing resource to best serve the public

interest.

(b) Reasonable consideration of the value of the forage to the livestock industry.

(c) Effect of the rates upon the livestock producers.

An additional charge of 2 cents per head will be made for sheep or goats which are allowed to enter the national forests for the purpose of lambing or kidding.

No charge will be made for animals under 6 months of age at the time of entering the forest, which are the natural increase of stock upon which fees are paid or for those born during the season for which the permit is allowed.*+ [Reg. G-10]

231.11 Grazing fees; advance payment; effect of failure to pay; refund. All grazing fees are payable in advance of the grazing period, unless otherwise authorized by the Chief of the Forest Service. Crossing fees are payable in advance of entering the national forest.

When an applicant is notified that his application has been approved, he will remit the amount due for the privilege to the designated United States depository. Persons who fail to pay the fees as above specified must notify the proper forest officer and give satisfactory reasons. Failure to comply with the above provisions may be sufficient cause for denying a grazing or crossing permit.

When a permittee is prevented from using the forest by circumstances over which he has no control or for some justifiable cause does

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**For statutory and source citations, see note to § 231.1.

not use the privilege granted him, in the discretion of the regional forester a refund of the fees paid will be made in whole or in part as the circumstances may justify and the Government's interests will permit.*+ [Reg. G-11]

231.12 Division of forests into grazing districts. Under the Chief of the Forest Service's general instructions, the forests will be divided into grazing districts, the kind and number of stock to be grazed in each district determined, grazing seasons established, the entrance of stock regulated, range divisions between permittees made, and efficient methods of range use developed and applied with a view to the most equitable and profitable utilization of the forage consistent with its sustained productivity and with the protection of the forest and other related interests.*t [Reg. G-12]

231.13 Methods of handling livestock may be required. Forest officers shall require methods of handling stock on the national forests designated to secure proper protection of the resources thereon and dependent interests, and may require the owners of livestock to give good and sufficient bond to insure payment for all damage sustained by the Government through violation of the regulations in this part or the terms of the permit.*t [Reg. G-13]

231.14 Enforcement of quarantine regulations; cooperation with State officials. To prevent nuisances and insure proper sanitary conditions on the national forests, the Chief of the Forest Service may require compliance with livestock quarantine regulations and such other sanitary measures as he may deem necessary.

Forest officers will cooperate with State, county, and Federal officers in the enforcement of all laws and regulations relating to livestock.

The Chief of the Forest Service may require the owners of all stock grazed under permit, or allowed to cross any national forest, to comply with the local livestock laws of the State in which the forest is located.*t [Reg. G-14]

231.15 Installation of range improvements and title thereto; adjustment of grazing fees to compensate for improvements. (a) Special-use permits must be secured for all range improvements.

(b) When the proposed improvements are necessary for the efficient utilization of the range a clause will be included providing that title shall vest in the Government at the end of a 10-year period. Exceptions may be made where an agreement is reached on an adjustment-fee basis for some other period under (c).

(c) With the consent of a permittee who has constructed or maintained, or who may hereafter construct or maintain, range improvements which are necessary to the efficient utilization and management of national forest range, the Chief of the Forest Service may make an adjustment of the grazing fees for a period of years sufficient to recompense the permittee for the value of such improvements. Acceptance of the provisions of this paragraph of the regulations is optional with the permittee or Chief of the Forest Service.*t [Reg. G-15]

**For statutory and source citations, see note to § 231.1.

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[121]

231.16 Cooperative funds relating to range improvements. The Chief of the Forest Service may provide for the receipt and disbursement of cooperative funds from stockmen for the improvement and protection of the range and other immediately related national forest interests which might otherwise be adversely affected by the grazing of livestock.*† [Reg. G-16]

231.17 Liability of permittees for damages to roads. The owners of all stock grazed on or allowed to cross any national forest must repair damage caused by their stock to roads, trails, springs, or other improvements. Failure to make prompt and adequate repairs, particularly after repeated notice, is sufficient grounds for suspending or revoking the offender's permit or preference in whole or in part. [Reg. G-17]

231.18 Recognition of livestock associations. In order to secure a collective expression of the needs of persons holding grazing permits on national forests, or portions thereof, and to afford them a reasonable opportunity to share in the administration of grazing and secure joint action on the part of permittees, the Chief of the Forest Service will provide for recognition of and cooperation with State and local livestock associations under the provisions of § 211.1. Whenever a national livestock association appoints an advisory board or committee representing users of the national forests in all of the different States, it will be recognized by the Chief of the Forest Service and consulted annually regarding matters which concern the use of national forest range.* [Reg. G-18]

231.19 Revocation of grazing permits or preferences. The Chief of the Forest Service may authorize the revocation of grazing permits or preferences in whole or in part for a clearly established violation of the terms of the permit, the regulations upon which it is based, or the instructions of forest officers issued thereunder.*t [Reg. G-19]

231.20 Advisory grazing boards. For the purpose of receiving suggestions and complaints regarding the administration of grazing on a national forest or group of national forests, investigating all facts relating thereto, and assisting, advising, and consulting with forest officers on matters of general interest to permittees, the Chief of the Forest Service may authorize the regional forester to approve grazing boards for a national forest or group of national forests.

Boards created for a national forest shall consist of three members, and for a group of national forests of five members. One member of each board shall be an employee of the Department of Agriculture and shall act as chairman. The other members shall be representatives of and selected by the permittees pasturing the class or classes of livestock grazed on the national forest or group of national forests. The board shall meet upon call of the chairman at such times and places as he may designate by giving written notice to all members of the board at least 10 days before the proposed date of meeting. The position of any member of the board who fails to attend two successive meetings, unless he is prevented by circumstances over which he has no control, may in the option of the board be declared

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**For statutory and source citations, see note to § 231.1.

vacant. Any vacancy in the board shall be filled in the same manner as herein prescribed for the original appointment. A majority of the members of the board shall constitute a quorum for the transac tion of business and a majority vote of the members present at a meeting shall constitute a decision of the board.

Appeal to the board from any administrative order, action, or decision of forest officers pertaining to the grazing of livestock on a national forest or forests within the jurisdiction of the board may be taken by any recorded applicant, permittee, or recognized advisory board of a duly recognized livestock association. Decisions of the board will be final unless a minority opinion, which shall be a complete statement of the points to which dissent is made and the reasons therefor, is filed with the regional forester by one or more members of the board or the appellant within 20 days from the date of the board's decision, in which event the regional forester will review the case and render a decision. If dissatisfied with the regional forester's decision the board, or the dissenting members thereof, or the appellant, may then appeal in the manner prescribed by § 211.2.*+ [Reg. G-21]

Bureau of Biological Survey, Department of Agriculture (including Alaska Game Commission): See Wildlife, 50 CFR Chapter I.

Bureau of Fisheries, Department of Commerce: See Wildlife, 50 CFR Chapter II. Establishment and administration of national wildlife refuges, and administration of game ranges or wildlife refuges in grazing districts: See Wildlife, 50 CFR Parts 11, 12, 16.

Section 241.1 Enforcement of laws for protection of wildlife; forest officers may act as deputy game wardens. Forest officers will cooperate with State, county, and Federal officials in the enforcement of all laws and regulations for the protection of wild life.

Such forest officers as are specifically designated deputy game wardens by the laws of any State, or who shall be appointed lawfully to such positions, will serve in such capacity without additional pay and with full power to enforce the State laws and regulations relative to fur-bearing and game animals, birds, and fish.

Forest officers authorized to act as State deputy game wardens may accept the usual fees allowed for issuing hunting and fishing licenses. All forest officers are prohibited from accepting bounties or rewards or parts of fines offered by any person, corporation, or State for aid rendered in the enforcement of any Federal or State law relative to

**For statutory and source citations, see note to § 231.1.

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furbearing and game animals, birds, and fish. (Sec. 1, 30 Stat. 35, sec. 1, 33 Stat. 628; 16 U.S.C. 551, 472) [Reg. G-20, Aug. 12, 1936, 1 F.R. 1097]

241.2 Chief of Forest Service authorized to limit hunting and fishing. When the Secretary shall determine upon consideration of data and recommendations of the Chief of the Forest Service that the regulation or prohibition for a specified period of hunting and fishing upon any National Forest or portion thereof is necessary for the accomplishment of the purposes above set forth, he shall designate such National Forest or portion thereof, establish hunting and fishing seasons therefor, fix bag and creel limits, specify the sex of animals to be killed, fix the fees to be paid for permits, designate the authorized official to whom application for permit shall be made, and describe the terms and conditions under which hunting and fishing shall be conducted with a view of carrying out the purpose of this section. Public notice of such designation shall be given by such means as the Chief of the Forest Service shall deem adequate for the purpose. Carcasses of animals or fish taken under permit shall be marked or tagged for identification as directed by the Chief of the Forest Service. (Sec. 1, 30 Stat. 35, sec. 1, 33 Stat. 628; 16 U.S.C. 551, 472) [Reg. G-20 A, Aug. 12, 1936, 1 F.R. 1097]

241.3 Permits to fish or hunt within game refuges; cooperation and protection of wildlife; disposal of game and non-game animals; donations of animals, fish, birds. (a) Any person desiring to hunt or take game or nongame animals, game or nongame birds, and fish, upon any National Forest lands or waters embraced within the boundaries of a military reservation or a national game or bird refuge, preserve, sanctuary, or reservation established by or under authority of an Act of Congress, shall procure in advance a permit from the Forest Supervisor. The permit shall be issued for a specified season, shall fix the bag or creel limits, and shall prescribe such other conditions as the Regional Forester may consider necessary for carrying out the purposes for which such lands have been set aside or reserved.

(b) Forest officers will cooperate with persons, firms, corporations, or State and county officials in the protection, administration, and utilization of game and nongame animals, game and nongame birds, and fish, upon National Forest lands of the character referred to in (a). The Chief of the Forest Service may authorize the acceptance of contributions from cooperators for the payment of expenses incurred in carrying out the provisions of this section.

(c) When necessary for the protection of the forest or the conservation of animal life, the Chief of the Forest Service may sell, barter, exchange, or donate game and nongame animals. When the interests of game conservation will be promoted thereby, the Chief of the Forest Service may accept donations of game and nongame animals, game and nongame birds, and fish, or the eggs of birds and fish. (Sec. 1, 30 Stat. 35, sec. 1, 33 Stat. 628; 16 U.S.C. 551, 472) [Reg. G-22, Aug. 12, 1936, 1 F.R. 1098]

241.4 Big Levels Refuge, Virginia. Fishing is hereby authorized within the Big Levels Game Refuge, Virginia, under permits issued

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