cessive weeks in any event, until the date set for the hearing.

(e) Shall hold or cause to be held the public hearings provided for by said act and by this section, for the purposes of giving full information to the public and of obtaining the aid and advice of interested persons and agencies. Any hearing on proposals for the establishment of sustained yield units, either cooperative or consisting of federally owned land, or for a cooperative agreement, or on combined proposals for such actions, shall be held at a place determined by the Chief of the Forest Service as suitable for accomplishing the said purposes, and shall be conducted by the said Chief or by an officer designated by him as his representative. At any such hearing, in addition to a statement of the proposals and the reasons therefor made by a member or members of the Forest Service, opportunity shall be given to others having a reasonable interest to make oral statements or to file written statements discussing the advantages and disadvantages of the proposed action or actions to the community or communities affected; and the officer holding the hearing may, in his discretion, permit the filing of such statements, to become part of the record for consideration by the Chief of the Forest Service before making decision, during a period of not more than 30 days after the close of the hearing. Any hearing on a proposed sale of timber within a sustained yield unit established under the act and this section shall be held for the same purposes and in the same manner, except that (1) any period allowed for the filing of statements subsequent to the close of the hearing shall not exceed 10 days, and (2) if the amount of the proposed sale is not in excess of that which the Regional Forester has been authorized to sell without prior approval of the Chief of the Forest Service, the hearing may be held by the Regional Forester concerned or by his representative, and decision may be by the Regional Forester.

(f) Shall keep available for public inspection, (1) during the life of any sustained yield unit, the minutes or other record of the hearing held on the establishment thereof, and the determination of action taken following the hearing, including any modification of the proposals as submitted at the hearing; and (2) during the life of any cooperative agreement for coordinated manage

ment, the similar record of the hearings and actions determined upon; and (3) during the life of any sustained yield unit, the similar record of any public hearing which may be held on a sale made without competition or with restricted competition and the action determined upon. Such records of any case may be kept in any office of the Forest Service designated by the Chief as being suitable and convenient of access for probably interested persons.

(g) Shall make provision, in any agreement for the purchase of timber without competition or with restricted competition, if that agreement is of more than five years' duration and in his discretion in any case of shorter duration, for the redetermination of stumpage prices to be paid by the purchaser, such redeterminations to be effective at intervals or dates stated in the agreement; but the prices so redetermined shall not be less than those stated as the appraised values in the published notice of the proposed sale. (58 Stat. 132; 16 U.S.C., Sup., 583-5831) [Reg. S-31, Aug 6, 1946, 11 F.R. 8650]

§ 221.32 Shelton Cooperative Sustained Yield Unit—(a) Findings and determinations. It is hereby found that the establishment of the Shelton Cooperative Sustained Yield Unit will aid in providing for a continuous and ample supply of forest products; that the coordinated management of the national forest land and the lands of the Simpson Logging Company under the modified proposed cooperative agreement will make possible a greater sustained annual cut than would be possible if such lands are managed separately; that taxable forest wealth in the three counties in which the proposed unit is situated will be stabilized and promoted through the maintenance and development of the timber on the lands of the Simpson Logging Company under the modified proposed cooperative agreement; that the stability of forest industries, of employment, and of communities within and immediately adjacent to the proposed unit will be significantly promoted by the establishment of such unit; that the establishment of the unit neither affects any existing commitment of national forest timber nor interferes with any legal rights of other land-owners within or adjacent to the unit; that the advantages which will accrue to the communities of Shelton and McCleary from the establishment thereof and from entering

into the modified proposed cooperative agreement outweigh any and all disadvantages which may accrue therefrom to the communities within or affected by the establishment of such unit; and that the establishment of such unit and the entering into of such cooperative agreement will otherwise further the purposes of said act of March 29, 1944, and be in the public interest.

as

It is therefore determined that the proposed cooperative agreement, modified, shall be entered into with the Simpson Logging Company.

(b) Description. It is further declared that the Shelton Cooperative Sustained Yield Unit is hereby established with exterior boundaries described as follows:

Beginning at the northwest corner of Section 3, Township 21 North, Range 8 West, thence South to the quarter corner common to Sections 15 and 16, thence West to the center of Section 16, thence South to the quarter corner common to Sections 16 and 21, thence East to the southeast corner of Section 16, thence South to the southwest corner of Section 22, thence East to the southeast corner of Section 22, thence South to the southwest corner of Section 35, all in Township 21 North, Range 8 West; thence East to the northwest corner of Section 3, Township 20 North, Range 8 West; thence South to the southwest corner of Section 3, thence East to the northwest corner of Section 11, Township 20 North, Range 8 West; thence South to the southwest corner of Section 11, Township 19 North, Range 8 West; thence East to the southeast corner of Section 12, Township 19 North, Range 8 West; thence North to the southwest corner of Section 6, Township 19 North, Range 7 West; thence East to the southwest corner of Section 1, thence South to the southwest corner of Section 12, thence East to the southeast corner of Section 12, all in Township 19 North, Range 7 West; thence South to the southwest corner of Section 18, Township 18 North, Range 6 West; thence East to the quarter corner common to Sections 16 and 21, thence South to the quarter corner common to Sections 21 and 28, thence East to the southeast corner of Section 23, thence North to the northeast corner of Section 23, thence East to the southeast corner of Section 13, thence North to the northeast corner of Section 13, all in Township 18 North, Range 6 West; thence East to the quarter corner common to Sections 9 and 16, Township 18 North, Range 5 West; thence North to the center of Section 9, thence East to the quarter corner common to Sections 9 and 10, thence North to the northeast corner of Section 4, thence East to the northwest corner of Section 1, thence South to the quarter corner common to Sections 11 and 12, thence East to the center of Section 12,

thence South to the center of Section 13, thence West to the quarter corner common to Sections 15 and 16, thence South to the southwest corner of Section 15, thence West to the northwest corner of Section 21, thence South to the southwest corner of Section 33, thence East to the southeast corner of Section 36, all in Township 18 North, Range 5 West; thence North to the southwest corner of Section 18, Township 18 North, Range 4 West; thence East to the southeast corner of Section 17, thence North to the northeast corner of Section 17, thence East to the southeast corner of Section 12, all in Township 18 North, Range 4 West; thence South to the southwest corner of Section 19, Township 18 North, Range 3 West; thence East to the southeast corner of Section 21, thence South to the quarter corner common to Sections 27 and 28, thence East to the quarter corner common to Sections 26 and 27, thence North to the northeast corner of Section 3, all in Township 18 North, Range 3 West; thence West to the southeast corner of Section 31, Township 19 North, Range 3 West; thence North to the quarter corner common to Sections 19 and 20, thence West to the center of Section 19, thence North to the center of Section 18, thence East to the center of Section 17, thence South to the quarter corner common to Sections 17 and 20, thence East to the meander line on the southern boundary of Section 14, thence along the meander line of Totten Inlet in a northerly direction to a point south of the quarter corner common to Sections 11 and 14, thence North to the center of Section 11, thence West to the quarter corner common to Sections 9 and 10, thence North to the northeast corner of Section 9, thence East to the quarter corner common to Sections 3 and 10, thence North to the center of Section 3, thence East to the quarter corner common to Sections 1 and 2, thence North to the northeast corner of Section 2, all in Township 19 North, Range 3 West; thence East to the meander corner on the south boundary of Section 31, Township 20 North, Range 2 West; thence along the meander line of Totten Inlet to a point south of the center of Section 32, thence North to the quarter corner common to Sections 29 and 32, thence West to the northwest corner of Section 31, all in Township 20 North, Range 2 West; thence North to the east quarter corner of Section 25, Township 20 North, Range 3 West; thence West to the quarter corner common to Sections 25 and 26, thence South to the southwest corner of Section 25, thence West to the Northwest corner of Section 32, all in Township 20 North, Range 3 West; thence South to the southwest corner of Section 5, Township 19 North, Range 3 West; thence West to the northwest corner of Section 7, Township 19 North, Range 3 West; thence North to the northeast corner of Section 25, Township 20 North, Range 4 West; thence West to the northwest corner of Section 25, thence North to the northeast corner of Section 23, thence East to the quarter corner common to Sections 13

and 24, thence North to the quarter corner common to Sections 12 and 13, all in Township 20 North, Range 4 West; thence East to the meander line on the southern boundary of Section 9, Township 20 North, Range 3 West; thence in a northeasterly direction along said meander line to the eastern boundary of Section 9, thence North to the quarter corner common to Sections 3 and 4, thence East to the center of Section 3, thence North to the north quarter corner of Section 3, all in Township 20 North, Range 3 West; thence East to the southeast corner of Section 34, Township 21 North, Range 3 West; thence North to the northeast corner of Section 34, thence East to the southeast corner of Section 25, Township 21 North, Range 3 West; thence South to the southwest corner of Section 31, Township 21 North, Range 2 West; thence East to the northwest corner of Section 6, Township 20 North, Range 2 West; thence South to the east quarter corner of Section 1, Township 20 North, Range 3 West; thence West to the quarter corner common to Sections 1 and 2, thence South to the southwest corner of Section 13, thence East to the southeast corner of Section 13, all in Township 20 North, Range 3 West; thence North to the west quarter corner of Section 18, Township 20 North, Range 2 West; thence East to the quarter corner common to Sections 16 and 17, thence North to the southwest corner of Section 4, thence East to the meander corner on the southern boundary of Section 4, thence in a northeasterly direction along the meander line of Pickering Passage to a point south of the center of Section 4, thence North to the north quarter corner of Section 4, all in Township 20 North, Range 2 West; thence West to the southeast corner of Section 31, Township 21 North, Range 2 West; thence North to the northeast corner of Section 31, thence East to the quarter corner common to Sections 29 and 32, thence North to the quarter corner common to Sections 20 and 29, thence East to the southeast corner of Section 20, thence North to the northeast corner of Section 17, thence East to the southeast corner of Section 11, thence North to the quarter corner common to Sections 11 and 12, all in Township 21 North, Range 2 West; thence East to the center of Section 7, Township 21 North, Range 1 West; thence North to the quarter corner common to Sections 19 and 30, Township 22 North, Range 1 West; thence East to the southeast corner of Section 19, thence North to the northeast corner of Section 19, thence West to the quarter corner common to Sections 18 and 19, thence North to the quarter corner common to Sections 7 and 18, thence West to the northwest corner of Section 18, all in Township 22 North, Range 1 West; thence South to the northeast corner of Section 24, Township 22 North, Range 2 West; thence West to the northwest corner of Section 23, thence South to the quarter corner common to Sections 22 and 23, thence West to the quarter corner common to Sections 21 and 22, thence South to the southwest corner of

Section 22, thence West to the northwest corner of Section 29, thence South to the quarter corner common to Sections 29 and 30, thence West to the west quarter corner of Section 30, all in Township 22 North, Range 2 West; thence South to the northeast corner of Section 36, Township 22 North, Range 3 West; thence West to the quarter corner common to Sections 25 and 36, thence South to the center of Section 36, thence West to the quarter corner common to Sections 35 and 36, thence South to the southwest corner of Section 36, all in Township 22 North, Range 3 West; thence West to the northwest corner of Section 4, Township 21 North, Range 3 West; thence South to the southwest corner of Section 4, thence West to the meander line of the Skokomish River on the northern boundary of Section 7, thence along this meander line in a southwesterly direction to the western boundary of Section 7, all in Township 21 North, Range 3 West; thence South to the northeast corner of Section 24, Township 21 North, Range 4 West; thence West to the northwest corner of Section 19, Township 21 North, Range 4 West; thence North to the northeast corner of Section 13, Township 21 North, Range 5 West; thence West to the northwest corner of Section 13, thence North to the quarter corner common to Sections 11 and 12, Township 21 North, Range 5 West; thence East to the quarter corner common to Sections 9 and 10, Township 21 North, Range 4 West; thence North to the northeast corner of Section 33, Township 22 North, Range 4 West; thence East to the quarter corner common to Sections 27 and 34, thence North to the center of Section 27, thence East to the quarter corner common to Sections 26 and 27, thence North to the quarter corner common to Sections 10 and 11, thence East to the quarter corner common to Sections 11 and 12, thence North to the southwest corner of Section 1, thence East to the quarter corner common to Sections 1 and 12, thence North to the north quarter corner of Section 1, all in Township 22 North, Range 4 West; thence East to the meander corner on the south boundary of Section 36, Township 23 North, Range 4 West; thence in a northeasterly direction along the meander line of Hood Canal to the meander corner on the eastern boundary of said Section 36, Township 23 North, Range 4 West; thence North to the southwest corner of Section 18, Township 23 North, Range 3 West; thence East to the southeast corner of Section 18, thence North to the quarter corner common to Sections 17 and 18, thence East to the center of Section 17, thence North to the quarter corner common to Sections 8 and 17, thence East to the meander corner on the southern boundary of Section 9, thence northeasterly along the meander line of Hood Canal to a point south of the center of Section 9, thence North to the quarter corner common to Sections 4 and 9, thence East to the southeast corner of Section 4, thence North to the northeast corner of Section 4, all in Township 23 North, Range 3 West; thence West to the

northwest corner of Section 2, Township 23 North, Range 4 West; thence South to the northeast corner of Section 10, thence West to the northwest corner of Section 10, thence South to the northeast corner of Section 16, all in Township 23 North, Range 4 West; thence West to a point in Lake Cushman Reservoir on the projected west boundary of Township 23 North, Range 4 West; thence South to the divide between the drainages of the North and South Forks of the Skokomish River, thence in a west and northwesterly direction along this divide to the boundary of the Olympic National Park, thence in a west and southwesterly direction along the southern boundary of the Olympic National Park to the divide between the Wynoochee and Humptulips Rivers, thence in a southweste ly direction along this divide to a point on the western boundary of unsurveyed Section 34, Township 22 North, Range 8 West, which is due north of the point of beginning; thence South to the point of beginning; all in the Williamette Meridian; State of Washington; comprising a total gross land area of approximately 538,692 acres. The boundaries of the Shelton Cooperative Sustained Yield Unit are shown on maps on file in the offices of the Forest Supervisor at Olympia, Washington, of the Regional Forester at Portland, Oregon, and of the Chief, Forest Service, Washington, D. C.

(58 Stat. 132; 16 U.S.C., Sup., 583, 5831) [Reg., Dec. 12, 1946, 11 F.R. 14516]

Sec.

PART 231-GRAZING

231.4 Limits and preferences. [Revised]

§ 231.4 Limits and preferences. For the purpose of equitable distribution of grazing privileges, the prevention of monopoly in the use of national-forest ranges, and contributing to the stabilization of the livestock industry, the Chief of the Forest Service shall provide for the establishment for each National Forest or portion thereof, of lower and upper limits in numbers of livestock. He shall also provide for the recognition and waiver of preferences, renewal of permits, approval of nonuse, and admission of new applicants, to an extent consistent with the objects of the grazing regulations.

The lower limit will define the number of livestock beyond which a grazing preference will not be allowed to accrue by grant, except when surplus range is available.

The upper limit will define the number of livestock up to which grazing preferences may be consolidated through purchase of base property or permitted livestock or both.

Any grazing preference may be reduced for range protection at any time in any amount justified by range conditions. but, except in extreme emergencies, notice of scheduled reductions will be given not later than the close of the summer grazing season.

No grazing preference for less than the lower limit will be reduced for wider distribution of grazing privileges.

No grazing preferences above the lower limit will be reduced for wider distribution of grazing privileges except in connection with transfer of base property or permitted livestock or both.

Subject to the upper-limit restrictions and the protection and management needs of the range, a purchaser of either the permitted livestock or the base property of a permittee with an established grazing preference may be allowed renewal of preference in whole or in part; Provided, the purchaser of livestock only actually owns commensurate ranch property and the person from whom the purchase is made waives his preference to the Government.

Approval of grazing preference on account of purchase of base property or permitted livestock from a permittee who has used the range under temporary permit less than five consecutive years will not be allowed.

Before a grazing preference is renewed on the basis of a waiver, satisfactory evidence must be submitted that the sale of base property or permitted livestock, or both, is bona fide.

The Chief of the Forest Service may authorize the Regional Forester in special cases to suspend the upper-limit restriction against consolidation.

Persons who are full citizens of the United States shall be given preference in the use of national-forest ranges over other persons.

A grazing preference is not a property right. Preference in the use of nationalforest range are approved for the exclusive use and benefit of the persons to whom allowed.

Persons who have waived any part of a previously established grazing preference will not be recognized as grantee applicants or granted any increases where such action would (a) necessitate reduction in any established grazing preference; (b) prevent increase in any preference where the holder owns less

§ 251.4 Prospecting and mining permits.

CROSS REFERENCES: For transfer of functions with respect to uses of mineral deposits in certain lands, see section 402 of Reorganization Plan No. 3 of 1946, Title 3, Chapter IV, supra.

For delegation of authority from the Secretary of Agriculture to the Chief of the Forest Service, see Title 7, Subtitle A, Part 1, infra..

DESIGNATION OF AREAS

§ 251.22 Recreation areas. Suitable areas of national forest land, other than wilderness or wild areas, which should be managed principally for recreation use may be given special classification as follows:

(a) Areas which should be managed principally for recreation use substantially in their natural condition and on which, in the discretion of the officer making the classification, certain other uses may or may not be permitted may be approved and classified by the Chief of the Forest Service or by such officers as he may designate if the particular area is less than 100,000 acres. Areas of 100,000 acres or more will be approved and classified by the Secretary of Agriculture.

(b) Areas which should be managed for public recreation requiring development and substantial improvements may be given special classification as public recreation areas. Areas in single tracts of not more than 160 acres may be approved and classified by the Chief of the Forest Service or by such officers as he may designate. Areas in excess of 160 acres will be classified by the Secretary of Agriculture. Classification hereunder may include areas used or selected to be used for the development

and maintenance as camp grounds, pic

nic grounds, organization camps, resorts, public service sites (such as for restaurants, filling stations, stores, horse and boat liveries, garages, and similar types of public service accommodations), bathing beaches, winter sports areas, lodges, and similar facilities and appurtenant structures needed by the public to enjoy the recreation resources of the national forests. The boundaries of all areas so classified shall be clearly marked on the ground and notices of such classification shall be posted at conspicuous places thereon. Areas classified hereunder shall thereby be set apart and reserved for public recreation use and such classification shall constitute a formal closing of the area to any use or occupancy inconsistent with the classification. (30 Stat. 35, 33 Stat. 628; 16 U.S.C. 551, 472) [Reg., May 29, 1946, 11 F.R. 3416]

Sec. 261.7 261.12

PART 261-TRESPASS

cases.

Grazing uses restricted. [Amended]
Settlement of trespass
[Amended]

261.13 Impounding of livestock. [Revised] 261.50 Temporary closures from livestock grazing and orders for removal of trespassing animals. [Amended]

§ 261.7 Grazing uses restricted. CODIFICATION: In § 261.7 the word "livestock" was substituted for the word "stock" wherever the latter appeared in paragraphs (b), (c), (d), and (f) by Regulation, Acting Secretary of Agriculture, Sept. 6, 1946, 11 F.R. 9933.

§ 261.12 Settlement of trespass cases. The Forest Supervisor, when authorized by the Regional Forester, may settle any trespass involving a claim of not more than $1,000 and may authorize the District Ranger to settle any innocent trespass involving a claim of not more than $100. [First sentence amended Sept. 9, 1946, 11 F.R. 9933]

*

*

§ 261.13 Impounding of livestock. Livestock trespassing on national-forest land, or on other land under Forest Service control, which is not removed therefrom within the prescribed period after giving or publishing a warning notice as provided in, this regulation may be impounded by a Forest officer. Whenever such Forest officer has definite knowledge of the kind of livestock that is in trespass and knows the name and address of the owner such impoundment may be ef