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U. S. DEPARTMENT OF AGRICULTURE,

FOREST SERVICE.

HENBY S. GBAVES, Forester.

INSTRUCTIONS REGARDING TERM OCCUPANCY

PERMITS.

ACT MARCH 4, 1915.

APRIL 22, 1915.

The act of March 4, 1915, authorizes the Secretary of Agriculture,
upon such terms as he may deem proper, to allow the occupancy of
National Forest lands for any period not exceeding 30 years win TO
the lands are to be used for summer homes, hotels, stores, or other
structures needed for recreation or public convenience, but no person
maybe allowed to use more than 5 acres. The purpose of the ad
is to make the National Forests more available than hitherto for
recreation uses. Prior to its enactment National Forest lands could
be occupied for the various purposes mentioned in the new law, but
only /under permits which were revocable at the discretion of the
department.

Users of National Forest lands have expressed an unwillingness to
make substantial improvements where they are to occupy lands under
a permit subject to revocation at any time. Where, however, inex-
pensive structures are contemplated no difficulty has been expe-
rienced in meeting the wants of users by granting such a permit.. It
is expected, therefore, that in the future, as in the past, the needs of
persons who do not expect to occupy the land for more than a few
years will be met by the ordinary special-use permit. But where
prospective permittees contemplate the erection of structures involv-
ing expenditures valued at a considerable amount, and therefore
expect to occupy the land for several years, they should be given the
right to occupy for a definite period under the new law, if th<
desire.

The amount of land which any person may be allowed to u-
limited to 5 acres. For ordinary summer-home uses it is beli<
that an area considerably less than this amount will be sufficiec
meet the needs of most persons, since such area will be large enough
to include all structures which it is probable will b< I. Ordi-

narily 1 acre, or even -uld suflice. Great care should be

93928*— 15

taken to prevent a few persons gaining control of the best sites where
it would be possible to suitably accommodate many others. It is not
expected that permittees will be placed close together unless there is
such demand for building sites in any particular locality that users
must be placed near together in order to meet the reasonable needs of
all. Permittees can be assured that while they are allowed to occupy
only a restricted area, nevertheless it will be the policy of the depart-
ment not to allow other persons to use lands immediately adjoining
unless justified by reasonable necessity. In localities where it can
be foreseen that there is a likelihood of considerable public demand
for building sites, the forest supervisor should, at as early a date as
practicable, survey the tract into lots in order that he may provide
for the greatest number of users, and also handle this matter in an
orderly manner. He should also prepare a general report on the
locality, discussing climatic conditions, transportation facilities, dis-
tance from centers of population, and special features which would
interest prospective users.

Permits are assignable with the consent of the officer by whom they
were granted or his successor. In general, premises may be sublet,
with the exception that the subletting of hotels and resorts must be
with the approval of the district forester.

Permits will usually be granted subject to the following terms:

(a) That the permittee observe all regulations of the Department
of Agriculture relating to the National -Forests;

(b) That premises be kept in a neat and orderly condition and that
the permittee dispose of refuse and locate outhouses and cesspools as
directed by the -forest officers and observe such* other sanitary re-
quirements as may at any time appear necessary to protect the
public health ;

(c) That improvements be constructed within a reasonable time
and in accordance with plans and specifications filed with the forest
officers, when required, and approved by them;

(d) That all reasonable caution be taken to prevent forest fires;

(e) That where the permit is for a business enterprise the permittee
shall comply with the requirements of State laws and shall conduct
his business in a legal and orderly manner;

(/) That timber shall be removed only under permit from forest
officers ;

(g) That a fair annual rental be paid for the use of the land

upied;

(Ti) That structures may be removed within a reasonable time4 after
the permit is terminated ;

(i) That the permit may be transferred with the approval of the
officer who granted it or his successor; that hotels and resorts may be
sublet only with the approval of 'the district forester;

(?) That a right of way be reserved for the free ingress and egress
of forest officers and other users of National Forest lands as well as f or
the removal of products of the Forest;

(fc) That on the expiration of the permit the permittee shall he
considered the first applicant for a new permit to he granted subject
to the conditions under which like permits are then granted;

(Z) That as to public-service enterprises, such as hotels orresorts, the
permittee may be required to conform to such regulations respecting
rates and service as the department may make, should regulations be
necessary in the interests of the public;

(m) That the permittee agree to such special terms as the condi-
tions surrounding any particular case make necessary.

LANDS WHICH MAY BE OCCUPIED.

Permits may be given for any National Forest lands except lands
which are subject to entry under the homestead law. Permits should
not be given for lands which it can clearly be seen will be needed in a
comparatively short time for public or quasi-public purposes, as, for
instance, a reservoir, sawmill site, or public camping grounds.

RENTAL CHARGES.

The primary object of term permits is not to secure a revenue but
to promote the use of National Forest lands for recreation purposes.
At the same time, since permittees obtain special benefits, it is only
fair that they should reimburse the Government to some extent for
the expenditures it incurs in administering the land. • As to summer
homes, a fair annual charge should be made, taking into consideration
the accessibility of the tract, special advantages which it may offer,
and the amount of land covered by the permit. As to lands used for
commercial purposes the charge should be bused on what like private
lands in the same locality would rent for if put to the same uses. In
general, the rate for the entire period should be fixed at the time the
permit is granted, but in unusual cases, where it is impracticable to fix
the rate for the entire period at the time of granting the permit, pro-
vision may be made for readjustment from time to time.

The annual charge for summer-home permits will not be less than
siO; and for other permits under the law not less than $15. The
rates for specialise permits issued for indefinite periods will be as
provided in Regulation L-32 and may be as low as $5 per annum
for .summer horn

PERMITS, BY WHOM GRANTED.

District foresters are authorized to grant permits where the per-
mittee does not wish to make expenditures in excess of $1,000 nor to
obtain a permit for a greater period than 15 years. All other permits
will be approved bv the Forester.

PROCEDURE.

' Applications for term permits shall be in writing and must be filed
with the forest supervisor of the Forest affected. No special form is
provided, but such applications should state the location of the lands
desired, the use that will be made thereof, and the approximate cost
of the improvements contemplated. If the application is for a hotel
or summer resort, it must be accompanied by plans and specifications
of the proposed structures and a statement as to their probable cost.
The supervisor will cause a report to be made on Form 964 and a
survey to be made by a forest officer of the land which is desired and
it is recommended the applicant may be allowed to use. Whenever
possible a forest officershould examine the land in company with the
applicant so that there will be no misunderstanding as to the land
that is wanted. The supervisor's report should include a recommen-
dation as to the annual charge and his reasons therefor. In reporting
on applications for hotels or resorts he should also state what he
knows about the financial ability of the applicant to carry out his
plan and the location of the hotel and resort with respect to other
like places, as well as any other fact which would be of interest to the
granting officer in acting on the Application. The permit should be
written on Form 854.

When the approved permit is sent to the permittee, it should be
accompanied by a copy thereof to be signed by him and returned to
the forest supervisor.

A. F. POTTEK,

Acting Forester.
Approved :

D. F. HOUSTON,

Secretary of Agriculture.

GOVERNMENT PKlNTINt.

GENERAL LIBRARY
UNIVERSITY OF CALIFORNIA— BERKELEY

RETURN TO DESK FROM WHICH BORROWED

This book is due on the last date stamped below, or on the

date to which renewed.
Renewed books are subject to immediate recall.

DEC 1 6 1954

NOVH 1370

JUN10 1978
RsCEMEO IN MRICUlTURf

MAY 2 2 1978

2GD Forestry Bull

LIBRARY

21-100m-l,'54(1887sl6)476

v. 1 4-

THE UNIVERSITY OF CALIFORNIA