grazing permits and leases
Grazing lands are managed under different agencies.
Public Lands is under Bureau of Land Management
Most Forest Reserves are managed through US Dept of Agriculture
Before USFS, forest reserves were under Dept of Interior
"That the horses and cattle of the actual reserve residents be allowed within the reserves for any part or all of the year...Those stock growers who do not own land within the reserve or who lives ten miles away will not be allowed to graze their stock within the reserve."
first grazing privileges were agreements to extinguish fires
Permits were granted based on ranches location to a reserve
They were recognized as a PRIVILEGE of grazing rights
"This will allow the ranchers in the locality of the reserves the first privilege of grazing rights which means a great benefit to the sheep and cattlemen of the district."
They were free
management of forest reservations transferred to USDA 1905
Letter from the president from this article at bottom of page
Stockmen were in favor of the transfer
"That the range rights of present users...as determined by priority of occupancy and present use shall be carefully safeguarded...no sudden or stringent upheaval...which would cause commercial distress"
There was an implied assurance from the government
"The best use of the public grazing lands requires the careful examination and classification of these lands in order to give each settler land enough to support his family...following the general policy already in successful operation on the forest reserves."
President Theodore Roosevelt
Grazing Permits Prevented monopoly of the range
Before grazing permits, there were ranches that ran 8,000, maybe 10,000 cattle. The large ranches controlled the range not allowing the homesteader to legally settle and support a family.
Grazing permits CANNOT BE SOLD or given away
Yet to obtain a 'fair value' for the base property
"To protect permitees who may wish to dispose of their property against the losses which sacrifice sales would involve, it has been customary to allow continued use of the national forest ranges by the new owner"
Secretary of Agriculture,
David Franklin Houston
grazing permits and leases on public lands
Lands without forests are
Managed under Secretary of Interior
Bureau of Land Management
BLM recognizes a transfer of the permit with the sale of the improvements.
1934 Taylor Grazing Act
Section IV
"No permit shall be issued which shall entitle the permittee to the use of such improvements constructed and owned by a prior occupant until the applicant has paid to such prior occupant the reasonable value of such improvements."
USFS does not recognize a transfer of the permit with the sale of improvements
because essentially the USFS bought the improvements from the rancher.
1942 a letter was sent out to a rancher .
US credited appraisal value of improvements from grazing fee
'all interest credit allowed on improvements for which you were given credit in the original range appraisal made in 1927 would cease. However, maintenance credit on all improvements which were considered in range appraisal and which are still in existence and in use and have not reverted to the Government will be allowed.'
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Today on National Forests, an applicant must own base property and livestock in order to qualify for a Term Grazing Permit.
1950's US recognized "location value" in sale of ranch to NM
To create a wildlife reserve, "The privately owned lands are needed to gain control of approximately 92,000 acres of National Forests"
In court, an allotment and ranch are considered one property
US v 40,021.64 Acres of Land, etc,. NM 1975