sD U. S. DEPARTMENT OF AGRICULTURE, 427 EVOuR YS Sub Ri Volk CvEs, C 5 A+ ee / H. S. GRAVES, ee 2) INI] | | | THE NATIONAL FOREST MANUAL. REGULATIONS OF THE SECRETARY OF AGRICULTURE AND INSTRUCTIONS TO FOREST OFFICERS RELATING TO . CLAIMS, SETTLEMENT, AND ADMINISTRATIVE SITES ON NATIONAL FOREST LANDS. pe 2 - r 2 ; ISSUED BY THE : - SECRETARY OF AGRICULTURE “ -©0 "TAKE EFFECT February 1, 1912. CLAIMS. SETTLEMENT. . ADMINISTRATIVE SITES. + ma SS ae LS : PINS aise 4 = Ney: “aaah Yc —-/.\)/ — ee eee (2 =) = : Sik: ; ae = wei ws" ci ie aa “ See “: ; WASHINGTON: ; hin Row ea) GOVERNMENT PRINTING OFFIOR, oe iS 1912, * ei Ei : na i Book .Cs As ae 5 ee > a 7 ie, : ? md. - ; “mn 7 fi 7 > " nn " ' : ; owe - 5 _ ,* - i “bp : f ; a ‘ = : - = , - ’ e ‘ é ' 7 — re ¢ 1 ' - br - > ‘ { i oe a 2. » - ' ¥ Te . Bon : ; y : f ¢ 7 : m4 é ' 7 1 ‘ Aa = 4 - SS SSS — SSS SS U.S; DEPARTMENT: OF AGRICULTURE, ROREST ‘SERVICE. H. S. GRAVES, Forester. THE NATIONAL FOREST MANUAL. REGULATIONS OF THE SECRETARY OF AGRICULTURE AND INSTRUCTIONS TO FOREST OFFICERS RELATING TO CLAIMS, SETTLEMENT, AND ADMINISTRATIVE SITES ON NATIONAL FOREST LANDS. ISSUED BY THE SECRETARY OF AGRICULTURE TO TAKE EFFECT February 1, 1912. CLAIMS. SETTLEMENT. ADMINISTRATIVE SITES. WASHINGTON: GOVERNMENT PRINTING OFFICE, 1912. The Secretary * * * may make such rules and regulations * * * as will insure the objects of said reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of this act or such rules and regulations shall be punished (by $500 fine or 12 months’ impris- onment, or both) as is provided for in the act of June 4, 1888, amending section 5388 of the Revised Statutes of the United States. (Act of June 4, 1897, 30 Stat., 11.) 2 Page. EONAR is oe oe es oe ow este no a wae asa a aaa meee sence secetes se eh Cong MO mci sciet aence= he meee ise Pe nase or anatase knw s sG0nese- 5523 ~- a Rehmaqmishmenmta': oo. isc. ¢sccsere taken tame csteciscS ioe Sesste- ess 7 Generale ene MONS a. tat ace wacd cepa cka senate eeSwaten mimes ance secede 8 Why claims are examined ...........-------- 2-2 eee een ence cece eens: 8 Initiation of claims on National Forest land.........-......-----+--- 8 Weterminatiom OF tees eV ClalINS =5 0.46 Yew en niles nn fad ess Bates eee 9 Teese Seve OLN 62 ea tiie ee Sac scien aiala wsa's Weis oes 5 9 Government adverse claimant to lands withdrawn for National Forests. 9 Reports on claims confidential.........--..-------------+---e eee ee: 9 PieeMITetOn.Ol INUMCTALCIALING.cccanececkencnccadnsa ooenase sie Sq-- 44 9 Squatters’ claims on National Forest land.......-..--..-------------- 9 Free use of timber for development of mining claims........-....---- 10 Status of lands after cancellation of claim..............---------+----- 10 Bgssapre @initke by patent 22.02.25 .aee tees Sole escicecesesaea----- 10 Passave 0: title by CeriiiCQuiON 0c .cccnnda-i6200- 445 ose eeeetee sees: 10 How patents may be annulled... 22.52. -2--------- 2-2 Soest ele! 11 Diener Wacabe PAlelb gal. des somenesee 13 Aste sherinie Oath. cu tuck anos Son cin wee seealditeeaeVaxies eee i eine ses = 13 Userat notebowls 1 REOTINGS. 2425.20 cccens vines een os a disicee we eee 13 Reports on claims covering reservoir or power sites .....------------- 13 Correct record of conditions on homestead claims........--.---------- 13 Favorable report on a homestead claim...........------+-----++++++- 3 Favorable preliminary report on a mining claim.......---.----------- 13 Recommendations in reports on claims...........------------------- 13 Thoroughness of investigation and completeness of reports.....-------- 14 SuMMaryOl WISNESSCS ccc anacdh cisnnininh se cicidinwscmweesiewissins cecete+ 14 Glosineielatmn COSGS .<5 seiscs ooo a a dnahomicde> vase tense sianiaectennse 15 Action upon requests for special reports......-.----.---+e2see2 2 eee 15 Action upon receipt of notice of final proof or of application for mineral Pere NS Nero ss, d Grob Gio ea cad Unlete sia bias aS aie wines eer Ra siaidg'e< 15 Action upon receipt of notice of final proof on entries within proposed Imm EO Ties Bt 8 Ee ee ee Dass Bk ye eke aa kaw ke Seiace'e 16 Action upon receipt of notice of final proof on entries under act of June : Gee ONG ben oe. elt avvern wowed gate Osco malin waaimeiacinidaciadieseatae 6 Action upon failure to receive notice from registers and receivers. - . - - 16 Appearance of Forest officers at final proof.........----+-----+-+----- 16 Action upon receipt of notice of order for mineral survey...---------- 16 Use of mineral surveyor’s notes in making examination. -...--.------ 17 Examination of mineral claims by mineral examiners...-.-.-.-------- 17 Action upon squatters’ claims settled after withdrawal of land.....--- 17 Action upon squatters’ claims settled before withdrawal of land .....- Le Supervisors’ annual report on claims.......-..-.-----+---+2-+e--22202- 18 Action upon receipt of notification of extension of public land survey. 18 3 4 CONTENTS. Continued. Page. Claims Procedure in-distriet 0fMCes 5.6.00 cee Sete ts ee ee eee 18 Record Of reports ...6~. asp teres. ae eae eet eee 18 Action upon favorable réports.<-— 225-22 se ee ee ee eae 18 Report by mineral examiner. 5: sc. 25 2 te oe ans ae ie ee er 19 Action upon adverse reports - 2... 22.2.2 science mecte cee cee eee 19 Reference of reports to chief of field division ............-........... 19 Notice to claimant and supervisor of reference of report........-..-.-- 19 Reference of cases to assistant to solicitor ........2..0.....25.005.... 19 Action upon request for additional investigation. .................-.-- 19 Action. by chicefot field division ...2)...2.. 523: fact. eee eee 20 Fixing date of hearing...... ssebiedn at .5.532552. 5051S eee 28 Additional homestead rights to settlers prior to Jan. 1, 1906.......-.-- 28 Settlement before opening. ..22.222 225.8) ose eee ee eee 29 Policy. 222325 Se ee re ee ee eee 29 Oetermination of mineral character of lands listed-...-..-.....------- 29 Legal qualifications of applicant as entryman...........-.-....------ 29 Small areas listed. wz 2.2 2 s..cc pack eee ee ee ey, hp re 29 Areas whichcan‘be'listed under theiact#.2.2 22.2 2- Leer See ee 29 Areas which can not-be listed. 4... 356-325, 2: eee 30 Listing lands affecting a municipal water supply.........---.-------- 30 Listing lands within reclamation withdrawals................-.------ 30 Listing lands within limits of a railroad grant.....2.22..20.-. 1.022... 30 Listing lands within State‘school land’grants-<. 2.22.22. 28-2... 228 30 Listing lands within an abandoned military reservation...........-.-- 31 Squatters? wWehts yee Ae PN Ala le Reamer een Sede aen ee 31 Laistingland: covered by avclaimi si. 2.i208 bes 2 eee Soe ee ail Review: or reexamination +c... 022 soos = ees oe eae ee ee Sl Filimoinglocallandioticeton tracts listed=. +5 see en eee eee eee 32 Indian allotments under act of June 25, 1910............02...50222.- 32 CONTENTS. Settlement—Continued. iProcedUec Olen atonal Orestes. 2/2. scsctceswedevestteose.Secec oe ee! Action on applications filed with supervisors..............--.-----.--. Action on applications referred by district forester.................-.- prepara lomOl (dC WOOK ies. WJJasgr tse Scie e Gs ile sc aes oe oe ae = oes BAER CE SbAL UA OM UIACU WOOK. co052% closes itis set sa esse soe said ose wens Instructions to examiners and reference of application for report... ... Preparation of report: by examiner...2.% 22422. 2ce Sows see Se. Consultation with-applicants:cc: 2 a.2s2c2ess ss dc es + cece toes ce Cee. - Instructions for survey and maps of land applied for.............-.... reVonitlowwr HOLM MOLES! + Sacecttitencce laos tnt sets esses ec bee we bandawinchshouldsmotwbe listede=-=22252 2235 a5 80222255 Sl. S222 es Applications in conflict with mineral locations...................---- Application in conflict with irrigation ditches.................---- BNO tOo Tah See eee ee es terme epeeiee ceo Se SE NS Cs eee Pete as Recommendations of ¢xaminer......--....206222 222 Senet eee ets Verification of location and submission of report to supervisor. ........ Action by supervisor on examiner’s report............--------------- Submission of report.to districtiforester..:.....25.22-.--..2.--.0..44. Free special-use permits on lands recommended for listing............ Record of final action..-: 5022-2422. -- 22-22. Fp ee ee oe Closime settlement: Gases. ...sscj.2. 0.06006 sceseeecee cesses eodetaess ADT eWONGAS tastes oh SSeS kos Soe sae Seed S20k soe Beet Ye. Applications under Indian allotment act............---....2222s--.. Procedure. Gischick OMCG a c22)3. 6. Jeane lt tbeedee cet e ee etise SRA: Mewomon receipt of application......2.22<....c6.s.-00.i 522 ELS... imniny of application in tract book:..2.. 2.2.42 ..22.02.fie. Levitt... Securing status and notation on tract book................-./22..5..-. Notification to applicant of acceptance of application............-.... Reference of application to supervisor..........-.------------+-+-++--- Achion onireport Of examiner... -..22cc:. © eal : os am, aree sites. of watershed and of reservoir, and volume and fall of : water controlled by the site, and particularly as to the interests proposed to be served by such reservoir or power site and respecting the movements and operations of the claimant. In order to have complete information at hand regarding all home- stead claims on the Forests, it is important that a rec- Correct ree- ord be kept by the district ranger of the condition of ord of condition ‘ aa ae on homestead #l unpatented homestead claims in the district. If claims. this information is compiled from time to time it will not be necessary to depend entirely upon the state- ments of settlers and local residents when formal reports are called for. Information so obtained should be filed separately by cases in the rangers’ files. Supervisors should keep district rangers informed of the focation of all claims of this character. When possible, an annual report should be made by the district ranger on each unper- fected homestead entry in his district. This report should be placed in thesupervisor’s files and should not be forwarded to the district forester. Reports should include material facts and give specific dates regarding residence and improvements and should also include the names and addresses of witnesses who are familiar with the facts. What consti- . A report on a homestead claim will be considered tutes a favorable favorable when it shows that the claim is apparently reportonahome- held in good faith and in accordance with the terms Stead claim. of the law under which it is asserted. A preliminary report on a mining claim will be considered favorable when it shows (a) that the claim is apparently held in What consti- good faith for the purposes authorized by law; (0) tutes a favorable that the expenditure has been made on the improve- preliminary re- 2 ° : port on a mining Ment work as required by law; and (c) that the issu- claim. ance of patent will not prejudice the interests of the United States. A report upon an agricultural claim will contain a recommendation whether or not proceedings should be instituted _Recommenda- aeainst the claim to determine its validity or whether tions in reporton {7 : : : rans the claim should be patented. No recommendation for or against patenting will be made in a preliminary report upon a mineral claim. In the case of an unfavorable report by Administer- ing oaths. 14 THE NATIONAL FOREST MANUAL. a mineral examiner the recommendation should be made by such officer that the location or entry “‘ be declared invalid”’ or ‘‘ canceled,” and the report should specify the charges or reasons for making the adverse recommendations. Where the report is favorable, the rec- ommendation should be that ‘‘ patent issue.” A report upon a claim, when received by the supervisor, should be carefully scrutinized to insure the thoroughness of the Thoroughness investigation and the completeness of statement. vee tees: If, for any reason, it appears that the report is ness of report. erroneous or incomplete, the supervisor will return it to the Forest officer who made the examination, indicating its defects and requiring its correction. When requested by the district assistant to the solicitor, the supervisor will, whenever practicable, instruct a Summary of Forest officer to see the witnesses for the Govern- Hee ine as ment and ascertain whether there is likely to be any dered. change in their testimony from that indicated in the report on the case. The reply of the supervisor will be addressed to the district assistant to the solicitor through the district forester. Should it be found that any witness will be unable to attend the hearing, that fact will be reported to the district assist- ant to the solicitor that steps may be taken to secure a deposition. When requested by the district assistant to the solicitor, the following form will be prepared by the supervisor, who will transmit two copies to the district assistant to the solicitor. The summary must bear the case designation and the date of the report to which it relates. It must be in the hands of the district assistant to the solicitor not less than two weeks prior to the date set for the hearing. The summary of witnesses will be submitted in the following form: Witnesses to sustain charge No. 1: Residence.! Name. Occupation. centre tee a Aiilesiror: tows ee eacuired : 2 town, town, 15 ship, and range. Post office, | Affidavit | and county. | o te Forest Supervisor. 1 To be filled in, except where witness lives in a town. CLAIMS. 15 When the report is favorable to the patenting of the claim, the case will be closed when the supervisor is notified by the district forester that a favorable report has been forwarded to the chief of field division. When the report forwarded to the chief of field division is adverse to the patenting of the claim, the case will be closed when the super- visor is notified by the district forester that the case has been closed in the General Land Office. Requests from the Commissioner or the chief of field division of : the General Land Office or from the Solicitor for a gees from special reports on claims within National Forests Commissioner, Will be received by the supervisor by reference from chief of field di- the district forester. The supervisor will make the vision, or Solici- necessary entries in his records and direct an ae oe examination and report by a Forest officer. The report will be prepared in accordance with the out- line on Form 654 or 655, and will be made with an original and four copies. One copy will be retained by the Forest officer, one by the supervisor, and the original and two copies will be forwarded to. the district forester, together with the original and two copies of all affi- davits and the original letter from the Commissioner, chief of field division, or the Solicitor. At the top of the first page of the report a reference to the letter of request will be made by indorsement to identify the report with the related papers in the file of the General Land Office. The indorsement will be in the following form: ‘“ Ref- erence is made to the Commissioner’s letter ((N’ B. R. G. Oakland 03108) dated January 18, 1909,” or ‘‘ Reference is made to notice of application to submit final proof on ———, 1911.” In accordance with the instructions of the Secretary of the Interior, Renniaparere: registers and receivers will send to supervisors ¢on- ceipt of notice of cerned copies in triplicate of notices of fimal proof and final proof or of of applications for mineral entry. A copy of the application for notice in each case must be returned to the register uuenetal patent. and: receiver prior to the date advertised for submis- sion of final proof. It is desired that reports be obtained by the supervisor prior to the return of the notice, and notices will be held whenever possible until reports have been received. When it is evident to the supervisor that because of climatic conditions an early examination and report can not be made, he will return the notice to the register and receiver with an indorsement giving the date approxi- mately when the report will be sent to the district forester. This indorsement will be upon the face and at the bottom of the notice and will be dated and signed by the supervisor. In accordance with the circumstances of the case the indorsement will be as follows: (a) ‘‘No objection at this time to issuance of final certificate—night in law to future contest not waived should facts develop warranting charges; report submitted (or will be submitted) to the district Closing claims cases. forester , 19—;” (b) ‘Protest; report submitted (or will be submitted) to the district forester ————, 19—;’’ (c) ‘‘The land involved is not within the boundaries of a National Forest, and no report will be made by the Forest Service;” (¢d) ‘‘The land involved is located within a proposed elimination from ———— National Forest, and no report will be made by the Forest Service;”’ (e) ‘‘This entry was initiated under the act of June 11, 1906, and no report will be 16 THE NATIONAL FOREST MANUAL. made by the Forest Service, as the Department of Agriculture has no authority to examine and report on this class of claims.’’ The two remaining copies of the notice will be completed by entering thereon the indorsement made upon the copy returned to the register and receiver and will be sent at once to the district forester. If the report has not been already submitted the supervisor will then instruct a Forest officer to make an examination and report. The instructions, whether by letter or by memorandum, will give the date when final proof will be submitted, the names and addresses of the witnesses given in the notice, the indorsement made on the notice, and the date the notice was returned to the local land office. A copy of this letter or memorandum will be retained in the super- visor’s file as a record of the final proof notice. The report will be made in accordance with the outline on Forms 654 and 655, with origi- nal and four copies. One copy will be retained by the Forest oflicer, one copy by the supervisor, and the original and two copies will be sent to the district forester, accompanied by the original and two copies of all affidavits. At the top of the first page of the report reference to the notice of final proof will be made by indorsement. The indorsement will give the date of final proof, the indorsement made thereon, and the date thereof, which will be the date of the return of the notice to the local land office. Before returning to the register and receiver the notice of final ich proof on entries within proposed eliminations with ction on re- : Uae 5 A ceipt of notice of the indorsement (¢) thereon the supervisor will send final proof on en- the notice to the district forester to ascertain whether tries within pro- the elimination has been approved. If the proposed posed elimina- ¢limination has been approved, no examination or tions. : y : report will be made. A memorandum of the notice and the indorsement thereon will be filed, and the two copies of the notice with the indorsement entered thereon will be sent to the district forester. On notice of final proof on entries under the act of June 11, 1906, Re cnarapunice: the notice will be returned to the register and receiver ceipt of notice With the appropriate indorsement (¢) and no exami- of final proof on nation or report will be made. The other two copies entries under the of the notice with the indorsement entered thereon ae June 11, will be sent to the district forester. Before returning ; the notice to the register and receiver a memorandum of the notice and the indorsement thereon will be made and filed with the settlement case to which it relates. In cases where the supervisor fails to receive notice of final proof Failure to re- OF notice of application for mineral patent at the ceive notice time of.or soon after the beginning of the period of from registers publication, he will report the fact to the district SEE Ce CEE forester for appropriate action. Forest officers forest officers will not appear at final proof to Peale ae at cross-examine claimants or their witnesses. Notice of an order for survey of a mineral claim is not a request from the Interior Department for a report, and no aehar aencerck report on the claim will be made at the time of this an order for min. SUrvey unless the claim actually interferes with the eral survey. administration of the National Forest. Upon receipt CLAIMS. iy ‘of notice of an order for mineral survey, which notice will contain the name and address of the mineral surveyor and of the claimant and the name, survey number, and approximate location of the claim, the supervisor will when necessary instruct a Forest officer to be present when the survey is made. The Forest officer will make and submit a memorandum, to be filed for future reference, of the boundaries, the expenditure, and the development work, to which the surveyor will certify, and of the cuts, shafts, and tunnels on the claim. When a mineral claim is to be examined, the supervisor will send the Forest officer who is to make the examination a copy of the memorandum, or may when necessary secure from the local land office a copy of that part of the mineral surveyor’s field notes relating to development work and improvements. If they are not available, the district forester may secure a copy from the surveyor general’s office. When the district forester has determined from the facts presented in the preliminary report on a mineral ait that the conclusions (a) and (6) are not warranted, and Copies of min- eral surveyor’s notes for use in making examina- tion. t Examination of : ote uslo. feeetal esa an examination by a mineral examiner has been ees ordered, the claimant will be notified by the super- visor of the date the examination will be made and will be requested to be present or be represented. The report of the mineral examiner will be submitted to the Forest supervisor and will be acted upon in accordance with the procedure followed in all other claims reports. Occupancy of the land by squatters after its withdrawal for Action upon squatters’ claims where claimants settled after the withdrawal of the land for National Forest purposes. National Forest purposes is trespass, and the super- visor will act in accordance maith the procedure pre- scribed under ‘‘Occupancy Trespass,’ unless the claimant was occupying the land on January 1, 1906, in which case the claimant may apply within a rea- sonable time for the listing of the land under the act of June 11, 1906 (see ‘‘Settlement,” p. 25). When the claimant settled on the land prior to its withdrawal for Action upon squatters’ claims where claimants settled before the withdrawal of the land for National Forest purposes. National Forest purposes and is apparently comply- ing with the requirements of the homestead law, no action will be taken by Forest. officers, since the claimant may at his own discretion await an exten- sion of the public-land survey, or may apply for the listing of the land under the act of June 11, 1906, before making entry. When the claimant settled on the land prior to its withdrawal for National Forest purposes, but has failed to samy with the require- ments of the homestead law, no action will be taken by Forest officers prior to the approval of the plat of survey unless the claim interferes with Forest administration, in which case the supervisor will order an examination and report in accordance with the pro- cedure herein prescribed for making reports on claims. When the plat of survey has been approved by the Commissioner of the General Land Office, the supervisor will protest the squatter’s application for entry if the requirements of the homestead law have not been complied with. The protest should be filed in the local 9388°—12——3 18 THE NATIONAL FOREST MANUAL. land office prior to the date when entries can be received, and will be in the following form: DrEApDWoopD, 8. Dak., December 20, 1910. REGISTER AND RECEIVER, Rapid City, S. Dak. GENTLEMEN: Since plat of survey of T. 20 N., R. 15 E., B. H. M., has been approved by the Commissioner of the General Land Office and entries will be received February 15, 1911, the Forest Service protests against the acceptance of entry from John Jones for NW isec. 9, T. 20 N., R. 15 E., B. H. M., on the grounds that John Jones has not maintained continuous residence on and cultivation of the land in good faith as re- quired by law (or has wholly abandoned the land for more than six months last past). This land was withdrawn for National Forest purposes December 3, 1904, and was included in the Black Hills National Forest February 1, 1905, A detailed report will be forwarded to the district forester. Very truly yours, a ’ . Forest Supervisor. The supervisor will then order an examination and report in accordance with the procedure herein prescribed for making reports on claims. After a squatter’s claim has been declared invalid by the Depart- ment of the Interior further occupancy of the claim by the claimant is trespass, and the supervisor will, in such case, report the facts to the district forester with recommendations for the institution of tres- pass proceedings. ; Supervisors will include in their annual statistical Supervisors yenort (Form 446) to the district forester, due on annual report on J 15 Lal ae OL at fai ate a hes ininre. uly 15, a statement of the claims work on their Forests for the preceding fiscal year. Action upon When notification of the extension of the public- receipt of notifi- Jand survey over lands within a National Forest is cation of exten- received by reference from the district forester, a i blic- : : : jend ee. ‘“ vecord of the extension will be made in the tract book. PROCEDURE IN DISTRICT OFFICE. All reports on claims made by Forest officers will be submitted in triplicate to the proper district forester. Hach case ei be filed in a separate folder under the case desig- nation. An index card will be used for each case, upon which will be entered the case designation and such notations as may be necessary—a white card will be used for agricultural claims and a blue card for mineral claims. If upon a review of the report the district forester is of the opinion that no contest should be initiated, he will transmit the report direct to the proper chief of field division of the General Land Office with an indorsement of ‘‘No protest,’ except that in the case of claims under the mining laws which have not been examined for mineral discovery the notice of ‘“‘No protest’? will be by letter from the district forester to the chief of field division instead of by the transmittal of an indorsed report. In such cases the letter will be in the following form: Record of re- ports. Action upon favorable reports. CHIEF oF Fretp Division, General Land Office, Portland, Oreg. Dear Sir: The Forest Service will enter no protest against the issuance of patent for Mineral Survey No. 2444, Mineral Application No. 02588, Coeur d’Alene Land CLAIMS. 19 District, Wampum Mining Co., claimant for the Wigwam Lode, within the Coeur d’Alene National Forest. Reference is made to letters (“‘N” H.C. F.) of the Commissioner cf the General Land Office to the Forester, dated May 7 and September 20, 1910, respectively, requesting report on this case. Very truly yours, - ' District Forester. If the chief of field division is of opinion that no hearing is neces- sary, he will, in accordance with the regulations of the Interior Department, transmit the report or the letter ‘‘No protest’ to the Commissioner of the General Land Office with his recommendation. When upon a review of the facts presented in a preliminary report on a mineral claim it is determined that the conclu- conan peed sions do not warrant a favorable report, the district ag forester will order an examination and report by a mineral examiner. No other action will be taken upon the preliminary report, and the report of the mineral examiner, when received, will be acted upon in accordance with the procedure followed in other reports from Forest officers. If the district forester is of the opinion that a contest should be instituted, he will refer the report to the district assistant to the solicitor for examination as to the law and the sufficiency of the evidence. Upon the request of the district assistant to the solicitor the district forester mil order such additional investigation or secure such additional evidence as the district assistant to the solicitor may require. If the district forester is informed by the district assistant to the solicitor that, in his opinion, no contest should be instituted, and if the district forester is still of the opinion that one should be instituted, he will refer all the papers in the case to the Forester. When a report has been found to be sufficient and is returned by the district assistant to the solicitor with a draft of the charges against the claim, the district forester will transmit the report directly to the chief of field division with recommendation that a contest be insti- tuted upon the charges indicated. In every case the original and one copy of the P Reports re peport and the original and one copy of all affidavits erred to chief of © : : ; field division. and statements will be transmitted to the chief of field division, Noti When a report is transmitted to the chief of field GELCE, {bo Beet Stee . po claimantand “division, the district forester will at once notify the supervisor of claimant of the fact and the date of transmission, and transmission of whether the report was favorable or unfavorable, with report to chief of no further detail. A copy of the letter to the claimant field division. . ae will be sent to the supervisor. When a report has been submitted to the chief of Casereferred to ficld division with recommendation that a contest be SR alee initiated, the district forester, will refer all the papers * in the case to the district assistant to the solicitor. Should the chief of field division find a report, in his opinion, insuf- ficient to warrant adverse proceedings, he will, in Additional in- accordance with the regulations of the Department of vestigation re- the Interior, return it directly to the district forester, quested by chief ho will issue the essary Instructions to have the of field division, Who will issue the necessary instructions to have additional investigation made and who will submit to Action upon adverse reports. 20 THE NATIONAL FOREST MANUAL. the chief of field division such supplementary reports as may be required. The regulations of the Department of the Interior provide that if, after receiving from the district forester the complete Action by report, the chief of field division is of opinion that earn field di- adverse proceedings should be ordered, he will trans- : mit the report, together with the district forester’s recommendations, to the Commissioner of the General Land Office with a recommendation that a hearing be ordered upon the charges suggested by him, and if after receiving a complete report and recom- mendations from the district forester for adverse proceedings, the chief of field division is of opinion that a hearing is unwarranted, he will transmit the report and the district forester’s recommendation and his own recommendations to the Commissioner for decision. Should the Commissioner approve the recommendations of the chief of field division, he will notify the Solicitor of the Department of Agriculture. Upon order or application for hearigs upon reports covering lands or See within a N seni Forest, duplicate notices Fixing date of thereof are sent by the register and receiver to the hearing in local ¢hief of field division and the proper district assistant land office. 1 Pi : : i to the solicitor. Before setting date for the hearing in any such case, the chief of field division will confer with the proper district assistant to the solicitor and thereupon suggest to the register and receiver a date for hearing and the names of witnesses to be sub- penaed upon behalf of the Government. In the event the chief of field division and the district assistant to the solicitor are unable to agree as to the date of hearing, the matter will be referred by the chief of field division to the Commissioner of the General Land Office, who will issue the necessary directions. After the date for hearing in a case has been set, the district assistant to the solicitor will, when necessary, instruct Summary of the supervisor to interview the witnesses and return Witnesses after the summary of witnesses as described under ‘‘Pro- hearing has been : : ~ ” : : eet cedure on National Forests.’ The supervisor will thereafter instruct Forest officers to secure such addi- tional evidence and supply such additional information as may be required by the district assistant to the solicitor. n all hearings affecting lands or claims within a National Forest, the chief of field division or a special agent of the District assist- General Land Office and the district assistant to the ant to the solici- ? leak Pie Gel eral application for. le or reservoir right of way, Deceot mineral Such application will be given a serial number and location. noted on the tract books in the usual manner, but the applicant will be notified that the application has been suspended, pending final decision by the Secretary of the Inte- rior on the unperfected claim in conflict. Two carbon copies of the letter to the applicant will be sent to the supervisor, who will make the proper entries in his tract book, but 48 THE NATIONAL FOREST MANUAL. who will not have an examination made of the land until the sus- pension is removed and the application is accepted. Applications received and suspended under this procedure will not be classed as pending cases, but will be classed as suspended cases and entered as such in the annual reports. When a suspended application is accepted, the procedure to be followed will be the same as that prescribed for the reference of an application to the supervisor for examination and report. Applications for unsurveyed lands located within. the primary — . imits of a railroad grant, which probably will be Applications in oranted sections, will be rejected, and the applicant conflict with . : : J ) L railroad grants. will be informed that the Secretary of the Interior has decided that such lands can not be opened to entry under the act of June 11, 1906. The procedure will then be the same as when the land applied for is found to be patented, except that a yellow ““O” will be placed in the ‘‘List No.” column on Form 124. When an application is received for patented lands or lands that have been selected and posted for administrative or Applications in public use, the applicant will be informed by letter conflict with Of the status of the land applied for and the appli- patented lands or 2 “. Re Pat : selected admin. Cation will be rejected. Two carbon copies of the istrative sites. letter of rejection will be forwarded to the supervisor for the supervisor’s and ranger’s files. Applications of this character will be given a number, card, and folder, and will be noted in the tract book on Forms 123 and 124 in the usual manner, after which the case will be closed. Subsequent applications from the same persons are given new numbers. If the application is rejected for the reason that it conflicts with patented land, a dark green “V” should be placed in the ‘‘List No.” column on Form 124. If the conflict is with approved railroad lands, a yellow ‘‘V”’ is placed in the ‘‘List No.’ column. If the conflict is with a ranger station, the letters ‘“R. S.” in red ink should be placed in the ‘‘List No.” column on Form 124. All letters prepared for the signature of the dis- Preparation of trict forester or assistant district forester will be Secretary’s and written with three carbon copies. district forester’s ; letters: All letters prepared for the signature of the Secre- tary or the Forester will be written with four carbon copies. The letters prepared for the signature of the Secretary will be written with a purple copying ribbon. The case designation mall not be placed on the letters prepared for the signature of the Secretary, but should be ince on the carbon copies of these letters. The series of list numbers now in use by each district will be con- tinued. Each application listed will be given a _List numbers, serial list number. The list number, Forest number, listing and trans- name of Forest, State, acreage, and date of list will mittal of papers R : : Aah LAR PEC ‘ to Secretary. e noted in the district list book on Form 345 in pencil. When the listing letter is forwarded to the Forester, the recommendation, list number, date listed in the dis- trict office, and acreage recommended will also be noted in pencil on Form 124 in the Forest tract book. The Secretary’s eres SETTLEMENT. 49 together with two carbons and ail the papers in the case, will be for- warded to the Forester. When the land is listed by a metes and bounds survey, two copies of the blue prints and field notes will be transmitted with the other papers in the case. hen a strip of land is excluded from the tract listed, two blue yrints showing the location and area of the excepted strip will also e forwarded with the list letter. The act recognizes two preferred entrymen, (1) the settler prior to January 1, 1906, (2) the person upon whose appli- cation the land was examined and listed. In case there is no preferred settler only the name of the person upon whose application the land was examined and listed aoaid appear as the preferred entryman in the listing letter. If, however, a portion of said tract was formerly examined on the application of another, but not listed because the first applicant did not reply to small-area letters addressed to him, all of the facts in regard to the first application covering such small area should be recited in the listing letter to the Secretary of the Interior. If, ‘however, the first applicant has expressly withdrawn his application or has refused to accept the listing of such small area, the person making application for the same area at a later date shall be deemed the person upon whose application the tract was examined and listed, and he only will be named in the listing letter. When the carbon copy of the listing letter showing the Secretary’s Notification to Signature is received from the Forester, the pencil applicant and notations made on Form 345 in the list book and on supervisor of final orm 124 in the Forest tract book will be made in action by Secre- ink, and the date of the Secretary’s signature will be any noted as the date the land was listed. The list number will then be written in red ink on the township plat in the tract book across the tract listed. The applicant will at once be notified by form letter that the land has been listed. When the land was listed by a metes and bounds survey one copy of the blue print will also be forwarded to the appli- cant. Two carbon copies of the listing letter and two copies of the letter of notification to the applicant wil be forwarded to the super- visor, together with two copies of the field notes and blue prints if the land was listed by a metes and bounds survey, and two copies of the blue print if a strip of land was excluded from the tract listed. All canceled, withdrawn, or rejected cases will be closed upon the date that final action is taken by the district forester, and all listed cases will be closed upon receipt of the copies of the Secretary’s listing letter. Two copies of the letter taking final action will be forwarded to the supervisor. Upon receipt of the Interior Department notice that final action has been taken to restore the land to entry, the date of restoration to entry will be entered in the list book (Form 345). A memorandum of the notice will be placed in the folder in the closed file, and the notice will be sent to the supervisor. Annually, on August 1, district foresters will submit to the For- ester, on standard atlas pages, a report on settlement. The report will be in the form prescribed in advance by the Forester. Preference rights. Closing cases. Annual report. 50 THE NATIONAL FOREST MANUAL. PROCEDURE IN WASHINGTON OFFICE. Drafts of list letters prepared in the district offices and all other ‘ settlement correspondence will be referred to the Action ©M branch of lands. If the case is returned to the dis- drafts of listing F ; : : Jeifers: trict forester, a follow-up card will be kept in the branch of lands. Listing letters will not be rewritten in the Washington office, unless the draft on its face contains a typographical error, or the draft sub- mitted is not in good form. The intention of the district forester in drafting the letter, as to its substance, must be clear before any letter wil be rewritten or changes made therein without returning it to the district office. Cases will be returned to the district forester with proper instruc- - tions, when upon examination any of the following Listing letters circumstances exist: returned to dis- Piasat 5 ae sic ofice: (a) When reports and papers which are the basis for the list are not inclosed. (b) When the character of the land is not clearly shown in the reports and accompanying papers. (c) When the reports aid papers show that more than half the area recommended for ee is pure grazing land. (d) When the area recommended for listing is less than that applied for, no reason given therefor, and no statement from the applicant that he wishes to enter the area as reduced. (e) When there is a discrepancy between the dates of application as shown by reports and those given in the draft of letter. (f) When there is a discrepancy in the description of the land, as shown by reports, and by draft of letter. (qg) When the two copies of field notes and blue prints describing the area required in case of a metes and bounds survey are not inclosed with the papers. (h) When in the case of a metes and bounds survey there is a dis- crepancy in the description shown by the field notes and that shown by the blue prints. (i) When the description of the roadway excluded from the listed area is not given in the listing letter, or the blue prints of the roadway are not inclosed. (7) When there is a discrepancy between the letter and the blue print showing the description of the roadway. (k) When it is found that the area recommended for listing is cov- ered by a claim of record. If the listing is approved by the Forester, the listing letter will be submitted to the Secretary of Agriculture for action. Except in special cases, the reports and papers will not accompany the letter to the Secretary. After the letter is returned from the Secretary’s office the listing letter will be mailed and all reports and papers relat- Papers re- ine to the case returned to the district forester. One turned to dis- = ASIA : : 3 erlek carbon of the listing letter will be retained in the files of the Washington office. Action by Secretary. SETTLEMENT. 51 Action on When status of land is obtained from the General airs ay oe Land Office upon request from the district forester, ee fland, the report to the district forester will be made on Form 301, which will be accompanied by a memo- randum if necessary. When requests are received for information regarding the status of settlement cases which can not be furnished from the Action on records of the Washington office nor the General requests for in- Tand Office, the request will be acknowledged and formation regard- . ’. : ; 5 ing status of the writer will be informed that the request had been cases. forwarded to the district forester with instructions to furnish the information requested. Two carbons of this letter with the communication from the person making the request and such inclosures as may have been transmitted therewith will be forwarded to the district rorester concerned with appropriate instructions stamped thereon. All applications or correspondence from applicants not in the nature of a request for review of the district for- pe ester’s action will be referred to the district forester ets. Pe" for appropriate action and the writer notified by form postal card. Bidiiaain dos When an application is received for a reexamina- quest to the For- tion of the tract or a review of the decision of the ester or Secre- district forester, such action will be taken as may be tary for reexam- warranted by the showing made by the application anation or review. 4d the record in the case. When replies to communications from the General Land Office or the Department of the Interior in connection with Action on settlement matters can not be made from the infor- Aol oes o mation available in the Washington office, such com- partment. munications will be referred to the district forester for the preparation of reply for the Forester’s or Sec- retary’s signature. ADMINISTRATIVE SITES. U.S. DEPARTMENT OF AGRICULTURE, ForEST SERVICE, Washington, D. C. The following procedure and instructions relating to administrative sites in Ranieanl Forests are hereby established and issued to take effect February 1, 1912. Henry S. GRAvEs, Forester. Approved December 19, 1911: James WIxson, Secretary. PROCEDURE. Lands within National Forests may be selected for administrative uses, including supervisor’s or ranger’s headquarters, gardens, pastures, corrals, planting or nursery sites, and rights of way. If suitable sites for administrative purposes can not be found within the Forest, vacant and unappropriated public land outside may be recommended for withdrawal under the act of June 25, 1910 (36 Stat., 847). A general plan for selecting sites, based upon the present and prob- able future requirements for fire control and the transaction of the business of each National Forest, must first be formulated. Since it is impossible to foresee with certainty the development and exten- sion of the use of the resources of the National Forests, it is impossible to determine with certainty the number and location of the adminis- trative sites which in the future will be required to properly protect and administer the Forests. In addition to selecting sites required for the present, supervisors must consider the probable future require- ment, but great care must be taken not to select sites which will unnecessarily retard the development by settlers of agricultural land within National Forests. Administrative sites for rangers’ headquarters will if possible be selected where there is enough coicaltural land for a garden and suitable pasture land for a few head of horses and one or two cows, and, when necessary, where there is enough water for irrigation. Administrative sites for rangers’ headquarters should not exceed 160 acres in area, and a smaller area should ordinarily Amount of be sufficient. A larger area may be required to be ue ae sees used as an inclosure to handle horses belonging to the pasture. Government and to Forest officers, or to be used to raise feed for Government horses, and the horses of Forest officers which are used in official business. 52 Selection. Rangers’ head- quarters. ADMINISTRATIVE SITES. 53 In order to avoid conflicts with applicants under the Forest home- stead act, the selection of administrative sites should Sites selected he completed at the earliest date possible. All sites Beidit ce peck. selected must be conspicuously posted with admin- ble. istrative site notices (Form 263) in order that the public may know the status of the land. No site will be selected which has been applied for under the act of June 11, 1906, or is actually occupied or used in good faith for agricultural or mining purposes or for a home. If an area actually needed for administrative purposes is covered by a claim, a report on the claim may be made in accord- ance with the procedure prescribed under ‘‘Claims.”’ The selection will not be made or the site posted while the application is pending or until the claim is abandoned or is canceled by the General Land Office. Unsurveyed lands within the limits of railroad grants which will, - r when surveyed, be included in railroad sections will ade reac not be selected if it is possible to find other areas. When such lands are selected they will be subject to any rights which may accrue to the railroad by reason of survey and patent. ; When a State indemnity selection has been approved the base land may be selected and used for administrative pur- poses even before patent to the land acleoted by the State has issued. Supervisors will not select mineral lands for administrative sites unless a suitable site on nonmineral land can not be secured. The selection of an administrative site within a withdrawal for rec- lamation purposes will not be made until the district forester is informed by the supervising engineer of the Reclamation Service that the use of the land for an administrative site will not conflict with the purposes for which it was withdrawn. A relinquishment offered by a claimant, when the use of the tract covered by the claim and the purchase of the improve- ments thereon for administrative purposes is contem- plated, must not be accepted until its acceptance has been specifically authorized by the Forester. (See ‘‘Claims,’” Reg. 1-41.) In determining the amount to be offered for improvements which it seems advisable to purchase, their actual value to of the Forest Service and not necessarily their original cost to the claimant should govern. No consideration can be given for the value of the land, since its title is in the United States. Land can not be purchased except under a specific appro- priation by Congress. When an administrative site is selected, it will be immediately located by legal subdivisions if on surveyed land or by a metes and bounds survey if on unsurveyed land. Surveys will be made in accordance with the ‘‘In- structions for Making Forest Surveys and Maps.” The status of the land will then be obtained and, if open to selection, the site will be Occupied areas. State selection. Mineral lands. Reclamation withdrawals. Relin quish- ments. Purchase improvements. Procedure after selection. 54 THE NATIONAL FOREST MANUAL. conspicuously posted with administrative site notices (Form 263). Notices may, if necessary, be posted before survey is made or status is obtained. A report in duplicate on Form 271 will then be sub- mitted to the supervisor by the Forest officer who located and surveyed the site. If there are improvements upon the site, a description of their extent and condition, their estimated value to the Service, and the name and address of the claimant, if any, will be given, together with a recommendation for or against their purchase. The report will also give the date the site was posted. A map on tracing linen (Form 220) and field notes of a metes and bounds survey, if one was made, must accompany the report. Administrative sites will be designated by appropriate names. Upon receiving the report the supervisor, after ys Be it to determine the accuracy of the description, survey, and status, will prepare a folder and index ecard and will record the selec- tion in the tract book township plat (Form 123). The following method will be used: Selections or withdrawals pro- Outlined in red crayon and given a posed. key number in red ink. (Un- surveyed areas are indicated by a circle.) Withdrawals effected. ---------- Hatched in red crayon. Release or cancellation proposed -- Outline in black pencil. Release or cancellation effected. __ All crayon and pencil markings erased. Entries of administrative sites on township plats will be indexed on the margin of the plat upon which the site is entered. The index will be entered upon the left-hand margin and will give in red ink the key number of the site and in black ink the name of the site and, when necessary, the date of withdrawal and data regarding release. The name and description of the site will also be entered alphabetically on a special index sheet in the front of the tract book, When the site selected is on National Forest land, the supervisor, after indorsing his approval on the report, will submit it to the district forester with two blue-print copies of the tracing, and when the site was located by a metes and bounds survey, with one copy of the field notes. If the selection is approved by the district forester, the site will be recorded in the Forest tract book, an indorsement of the dis- trict forester’s approval will be made on the report and blue prints, and the report, one blue print, and the field notes, if any, will be returned to the supervisor, and one blue print will be retained in the files of the district office. When the blue print only of selected sites is retained, it can be filed in a general folder for the Forest, but when correspondence or other papers are retained, as in the case of with- drawn sites, a special folder and index card may be provided. When the site selected is on vacant and unappropriated public land : outside a National Forest, the procedure prescribed F Sites outside ill be followed in selecting, locating, and reporting orest bound- : =) ©) . : = ares! upon the site; but the report when submitted to the district. forester must be accompanied by a letter from the supervisor stating the urgent need for withdrawing the site. If the tract recommended for withdrawal is in Washington, Oregon, Idaho, Montana, Colorado, or Wyoming, it must appear in the communication from the supervisor that there is beta no tract ADMINISTRATIVE SITES. 55 within the Forest boundaries which can be used for the purpose desired. Only such tracts as can be described by legal subdi- visions or approximate legal subdivisions should be recommended. If the district forester approves the selection, he will submit to the Forester the report and supervisor’s letter, together with the original and two copies of a letter to the Secretary of the Interior prepared for the signature of the Secretary of Agriculture, recommending the withdrawal, and the original and two copies of a draft of Executive order making the withdrawal. The letter to the Secretary of the Interior must contain a statement that there is no land within the Forest boundaries suitable and available for the nace involved. When final action has been taken, the papers will be returned to the district forester. If the Forester disapproves the selection, the papers will be accompanied by the original and one copy of his disapproval. If the site is recommended for withdrawal, the papers will be accompanied by a copy of the Secretary’s letter and a copy of the Executive order. When the papers are received by the supervisor, the final action will be carne in the tract book. The supervisor will forward to the district ranger a copy of the report with an indorsement of the final action taken and a blue print of the tracing. He will forward with the report a copy of field notes and of the Executive order of withdrawal, if any. In the district office an administrative site case will be closed when the selection has been approved or disapproved _ Closing admin- by the district forester or the Iorester or the site has istrative site been withdrawn by an Executive order and the cases. . f supervisor has been notified of the final action. In the supervisor’s office the case will be closed when notice has been received from the district forester of the final action taken and after the record of final action has been made and the district ranger notified. When a conflict arises between an administrative site selection and a claim or an application under the act of June 11, 1906, the administrative site case al not be closed until the conflict is finally settled. Administrative sites on National Forest land which have been selected, but which have not been withdrawn by the Cancellation of Secretary of the Interior or by an Executive order serous and may be canceled by an order of the district forester. , The order will be prepared in triplicate by the super visor and the original and one copy will be submitted to the district forester. The order will identify, by name and description, the site to be canceled and will give the reasons for the cancellation. If the cancellation is approved by the district forester, he will sign the order, and after the cancellation has been recorded in the Forest tract book the original order will be returned to the supervisor. After the final action has been recorded in the tract book in the super visor’s office a copy of order will be forwarded to the district ranger. Administrative sites which have been withdrawn by the Secretary of the Interior or by an Executive order may be revoked either in whole or in part by the Secretary of the Interior or by an Executive order, respectively. The supervisor will submit to the district forester a letter recommending the revocation which will identify the site by name, description, and location and which will give the reasons for 56 THE NATIONAL FOREST MANUAL. the recommendation and will state whether the site is valuable for water-power purposes. The district forester will prepare and submit to the Forester a letter to the Secretary of the Interior for the signa- ture of the Secretary of Agriculture, recommending the revocation of the withdrawal.or a draft of an Executive order revoking the with- drawal, as the case may be. The letter to the Secretary of the Interior must give the name of the site, the date of withdrawal, a description of the land withdrawn if surveyed, and if unsurveyed its approximate location by metes and bounds, including the meridian, the name of the National Forest and State, the approximate number of acres included and the value, if any, of the site for water-power purposes. The Secretary’s letter or the draft of the Executive order will be accompanied by the supervisor’s letter and, if necessary, by a memorandum from the district forester to the Forester. The sub- sequent procedure will be the same as when a withdrawal is recom- mended. When an administrative site is canceled or revoked the administrative site notices will be at once removed from the area. Supervisors wul include in their statistical report (Form 446) to the district forester, due on July 15, a statement for Annual report the preceding fiscal year of administrative sites. by supervisorand Annually on August 1 the district forester will submit district forester. 5 7 to the Forester, on standard atlas pages, a report on administrative sites. The report will be in the form prescribed in advance by the Forester. In all cases where it is necessary to obtain from a lake, spring, or water course (natural streams, including rivers, appro- creeks, runs, and rivulets) water for use on an admin- istrative site for domestic or irrigation purposes the provisions of the State laws with reference to the appropriation and use of water must be fully compled with. Reimbursement will be made for expenses incurred in taking the steps incident to complying with the law. The district foresters will issue separate circulars to the supervisors in each State in their respective jurisdictions fully explaining the requirements of the State law and embodying such forms as 1 may be necessary for the Forest officers to use. Since August 30, 1890, rights of way for ditches and canals are reserved to the United States in all patents issued west of the one hundredth meridian. Water priations. O : ; *) ‘ ? ym OO 4 ~~ a : vi ce he " i te ‘ 4 f LIBRARY OF CONGRESS 0 002 889 025 4 yy ue ole ie uf (. << Sere, Ce eee