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Gi S. DEPARTMENT OF AGRICULTURE, / 
SFOREST SERVICE. 


” 
; HENRY S. GRAVES, Forester. 


THE USE BOOK 


A MANUAL FOR USERS OF 
THE NATIONAL FORESTS. 


1915, 


ISSUED BY THE 
SECRETARY OF AGRICULTURE 
JULY 1, 1913. 


WASHINGTON: 
GOVERNMENT PRINTING OFFICE. 
1913. 


The Secretary * * * may make such rules and regulations * * * as 
will insure the objects of said reservations, namély, 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 
twelve months’ imprisonment, or both) as is provided for in the act of June 
fourth, eighteen hundred and eighty-eight, amending section fifty-three hundred 
and eighty-eight of the Revised Statutes of the United States. (Act of June 4, 
1897, 34 Stat., 35.) ; 


> 4 


U. S. DEPARTMENT OF AGRICULTURE, 
FOREST SERVICE, 
Washington. D. C., June 12, 1913. 


Sir: I have the honor to present for your approval a fourth revision of the 
regulations and instructions for the use of the National Forests. In this edition, 
which has been prepared especially for Forest users, those regulations affecting 
only Forest officers and not of interest to the public have been omitted. 

Very respectfully, 
HENRY S. GRAVES, 
Forester. 
Hon. Davin F. Houston, 
Secretary. 


U. S. DEPARTMENT OF AGRICULTURE, 
OFFICE OF THE SECRETARY, 
Washington, D. C., June 13, 1913. 


The accompanying regulations have, under authority conferred by law upon 
the Secretary of Agriculture, already been approved, to take effect at different 
times, and all previous regulations in conflict with them revoked. 

Davin F.. Houston, 
Secretary. 


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CONTENTS. 


sori’ |: 2 hese See ees Sie enter ee ee ee ees en ae 
Part I.—ADMINISTRATION OF THE NATIONAL FORESTS: 
Pelaionor Horest oficers to the public......-<-- «23225 senses betes =~ 
Purpose and location of National Forests.....-2---2-----:-s--+++--+------ 
History gn the National: Forests. a... 6 oo. 0chins-emeae tase Noemie es = 5 - 
The Morest service ana the National Forests 2222-2: 2.-2c-t)42.-55:------ 
{ET bsy eae os YE] aw 1S 0 aI na es TEL ee op veer y: Meee 
Purpose of administration ........-.-------------+---+--+++-+e+++-- 
DIRECT PATI TOT Sa) © SS aa eee Ba eer Or eee 
Administrative districts. . 3 spade ene fs. 2 Geena 
Qualifications and duties of F orest officers. Re ae Dre oe Sane 
Supervisors and deputy superv TROLS Meo soe i one ae eS ee Ae 
OrestyeXaTVITLeLs?! 2.25. sciye Blas Sete a eho epee ee ets Aap 


Neier Git nyse ce et Ree Sees Se a ceoees ee Serhan = 
Scalers serge sy 85 oa) ey sae cI eas cI ey? tp aera cc 
PE re OP ARIES aon ota p=, 2 nga PE wean ke yan Gees halt 
Forest guards, field assistants, and temporary laborers.........-.-.- 
Forest clerks. ee ayaa a SPR PEEPS SCENES aerate teh bag ee Pars atthe on 


How io PMT EI OUOY 3 hc ch pns inteh cites oie eee py ee 

~ Part I1.—TimBeER SALES, TIMBER SETTLEMENT, FREE USE: 

SDIegRY Ere See Ee = Oe a ee RD orn «oA nels ae 
National Forest timber for sale............--------+++++ eee ee 
Purchaser’s Hirst. Step <<... 2.55. Rear ne, EL een tars, eo eee oe a 
OUT ASSES TOL SA GS jean ts: iss cegerh egos a ata ear ee RE rs PS 
Adv ErliSeEMentiOl SALEr -occ:\< ncn 2.12 541 ee eee ee OE SIN I rio" 
ORs es pitt a oy ccna aus ae apap ASR ND SE 
PENT RUN ESSE oa wo ho van 82 ed ee oh ass a OE iets ee Ss ata 
Bacaneig Lataneine.of appleant sah 22-552 5 JM eer ue «del deeteietse 
iByorave FN Ue = Sd I ea een pe Sete Lene SE RMEE canren meer Fen 
NM easalescoOmbnaC iene pect asco Nea rs issciee = RATS SPORE ot Se Se 

Gecersg! sampulabomsges of < 282 a2 See es ie Pee tee 
IEEE TOUCR WON Yee «see ate iain ers (Peete: sith St =< 
Riltemedtitme. may Wee. 9) 22. - 5. sa<.-.-5 ieee Gas oe jeutcletis LI 2s 
BAIS TUSE SORTA PR 2S eh cral a PE PICT sk ads, aii ar 4 ys nie ce WEES tastes Wh 
Private sale of advertised timber............------- Ps th rete woe Pane 
Unadvertised sales to settlers and farmers.......-..--.-------------- 
Mitekanee 1£CE8t0-be CUS angi» = saga: 2 245 eae SEI Ae atiee - 5 
CLL AES ATT 5 ee rie , aR Ce ers MONDE TEST rie veto 8 are 
Log DAIS fo cap cack MOS Sy aynus, tm avsicinisnctoj= mays =| hee AE 
Special rule for Alaska and west slope of Cascades. .......-.-- 
Unnecessary loss in manufacture not considered.......-.--.-..--- 

M pantie Cla Ctetn ss A 2) ron: 4. -eite Mite ASA Reet tar. 
Merchantable material. ..<..----.-222 0232 ssi--4)--/sU+ oleh eee 


Lill SS See ee ae ee eae ee ee ee ee 
Peers mete ites aioe: lo x.)s Ua id ick Sosy toes - 


Stamping laaeand otheranaterial..c05 ex. v4 idee eyteds-kic. os d= 
[ETE Tene (0 Hee De ee ea ee ae ee 
JEST RUD aVG fs oeR ame ee a Ore See er ee ee 
Determination of stumpage rates......-..--------------- Par2uices aee 
SrIgd OF ClULLIG ne on. =. diam ale a ctebeele weal a Iee ~~ 


6 CONTENTS. 


Parr I].—TmBer SAEs, TIMBER SETTLEMENT, Free Use—Continued. 


Timber sales—Continued. Page. 
Readjustments of stumpage rates by periods...............-.-..-.-. 24 
Administration of sales by Forest Service.............---.<.-s---e- 25 
Cancellation of contract: - <2 22.3. ..52seq sec bate 2 is ne 25 
Monopoly onneeKe din pe = ss asic e aaa ae alee = Smee Inala Mins See se 25 
Timber sale regulations, «0. ses gtdgcpe ens - s-seb see ee 25 

Appraisal of timber. .......-- PM eh.. ney erate oes air 25 
Authority to make sales: . <5 nane.scpese. > 328 oes soe ee eee 25 
DGpOsUSs,q.4 1.05.5. meee eee ee te ope ea we oe oe 26 
Payments and refunds. 2.2 > 3.6. nie oe cami os eee le ee 26 
Installment paynionte. oo. - 3552 ees See weg 232 ee 26 
Modification. of comtrieta: /2. SV 256%2, 2 ae eee eae eee 26 
Advance cutting. =... 25... 30 ES ee ee eee 26 
Private sale of tember: -.:.: 4205225). 7a Meee eo eee 27 
Prevention of monopoly. ...........------..- SUAS Us Se 27 
Exportation of timber: 22.52. !0 222.22 ape ae oe ee 27 
Conditions of sales: : - ~~. - 1.5! es ee ie 27 
Time Hits.c...%. 25s kok oh ee eee oe 28 
Bonds_-.. 223-0630. 2 =k ee 28 
Appeal... = ans os oboe ee ae ace eee ie eee a 28 
Use of steam engines or locomotives.........------------------- 28 

Torpenmtine pales. oo. -22. 0205-542 eee eee 5. SOLES a ee 28 

Administrative tise of ‘timber. . . ..... 2. 62.036 5275's 25 eee oe 28 

Timber settlement...« .. 2.0000... 2-0. sete: - tee 29 
Payment on basis of estimate or scale..........2.---+2.-2---+2+2---0- 29 
Payutent for timber on claims..... .. - 0... 2-20 <eie's 132 oo bee eee ees 29 

Free use Gf timber and stone....~ 2. 6-02 ese os sta eee eee oe eee 29 
To whom: gvanted. 22.5200. VP's. Se a 29 
Amount of material granted in one year...........-.-.------------- 31 
‘Kind of material taken... .. 20022. .-.222. Ce eee ou... PE e eee 31 
Freeause without permit... < 250020: Ja ee 31 
Free-use without measurement... : 225.2... . 5200) oe Cae a = See ae 31 
Bimergency: Use... es cctwe as tests ens Jegscy 2st ee eee 32 
Sale of material prohibited. .... Pee 32 
Valuation of material... ..aseccne oo = + Ge the wee a ee rh oo 
Marking fred.use material... .-..2<.-. 0) Bee. S050, $2 
Special conditions for Alaska... ~.< «s0ne~ 120i ONL ee eee 32 

Part III.—Grazina: 

Objects of the grazing regulations.-..........-.--++----00 +02 Joe Jes eens 3 

Annual grazing authorization. ....... ~~. 20<006- eee sb eee een eewes 33 

Long term authorization... ..~- 2 ~~~ 0. - ee meena ety es tees ae eee es eee 33 

Fixing prazing periods <2 <6. Sewn nas TIA IO SE ee. JS. ees 33 

Monthly permits... .<1<ocea. caine ee eee ee ees clone ene ee ewes 34 

” Upe of winter range. coc... 1. nine e eee ewe ees be kwea bbe eee See One 34 

Grazing districts. and. divisions... ..-.~ . 1. /-.~ «3 0els Jods ee Sos e oe ee 34 
Best use of each class of range... -. 6 - oss sees oie See oes see 34 

Establishment. of driveways. -..---- 02. s.-.49- + boats ees eee: oe ee 34 

Exclusion of stock. «22-2. 60 = ee eres sa se 34 
Forest: protection... .<-- .--- os SOUSO LE 22S Se ae 34 
Watershed protection... ..2.50y. Jie ois. 2. 2 ee 35 
Public camping grounds.....-...-....- --..-. J EA ee ee 35 
Game. Tefupeser «an: cn sien we ee + cate nS ae eee 35 

Advisory. boards... <<<. -siwe eee = ee gn 35 
Reasons for cooperation............-....---- Baste Saag = cee eee 35 
Recommendations of advisory boards... - . - GL sort GaSe we ee 36 
Special rules for handling stock..,..--......---+----+--+----++++-+++-+ 36 
Requirements for recognition. ......--..-.-------+-2---+--- 222-2 36 

Permanent improvements upon range.........-------------+-----+-----+-+- 36 
Necessary character. . «22-24-26 -n tee se = Se ROL US eS ae Tae 36 
Determination of initial pro rata charge......----------:.-.---------- 37 
Pro rata charge upon additional stock under permit. ....----.------- 37 
Pro rata charge paid by new owners. ...-..-....-----------+-+------ 37 
To whom pro rata charge should be paid-..--.......-..------------- 37 
Range improvement under special-use permits... ---. cence OES . 37 

Permit necessary to graze stock. .........--..--+-+-+---+---2----+------ 37 
Stock exempt from permit..........-.------------- 22252 -2--------- 7 


Special concessions to Indians.........-...-----------+-22-- eee e eee 38 


CONTENTS. 


Part III.—Grazine—Continued. 

PenH-OF Permits. :.. . sete twee iar ue sete be Soewl ee Seeds 
Continuous occupancy during short periods...-..-.......-.....-....-- 
©n-and-off, primeietiondss— 8. ea osebrkt eae OIG 2... 

Private grazing lands within National Forests....--....-..............-. 
Aiaanees ton private lands... - 2... .......eoe2eoens. st IME... 

Cearein PISS 0 teats acd Se bess ueeleel Less... 
Sanditions under which eranted . 2.4 seh te ses OG, oe 
Gnacantme cetulaitonateae Sacto sue ob erties ee ee cs 
Applications foricrossing permits. _=sea2. vse ke. ba DVLA... 

Rei ERT Lee Smee tse he i eee OE) ET TU OIE S| 
When animals under six months are subject to charge. .............. 
Nereduction because of partial,use_.......-.dueete! ee ee . 
inGditional dame allowance... «<.se93-~- S289 Seek PRIS 
Peniensiqn: ob permits: ace. 2 35 Walser gOS CRS 
iptazene ices payablein advance - 2.2. 32932 OSA, PON 
Se Oe Sie + ae oe een i aa ke. ee 

patess payments outs etc naa eS 59 OTE 5 
Gronndsaiorreiundd yi te Slips esc us) eet De peewee | | 
Loss of range through trespass or error_....-.....2.2522$21.....-- 
Sale of stock....--- BS ee ele 
Haihure:to: purchase, stocks 2 ere SSeS JC SITE. ok. 

Apportionment of grazing privileses=. x. sH2—.- 1-222 2 SRE. 
Noiveetp apphicantsss2 22-2. e eT Ne Se SiS 
Watiextianiot permitiecs-.-. vss Sse A Po oo 
imal date for receipt of appHeations 2: 22222. sess Sie PS re). 
Bpplicationtor permiiss oe k oo se nals ee lek. 

Shonid: be.complates sieve. 2602s. ey see Sees ene} 
Peruied statements. 2275525. SbS Sue os SSP. 
Partnerships otieorporations. 5: 5.722 G.2 9982 Se TAM Ee oo. 
SU bl) PELs) 1 A OR Ae ere Sse oe a le | 
False statements or suppression of material facts.................- 
Knowledge of fraud or defect in permit by purchaser............. 
Unintentional misstatement or misrepresentation..............-.. 
Hicror.on: part.et Marestiofiicer <0 .ee ieee JON ES 
Dentement, ab iwalersignini’ seas s_See CSI See es 
Applications for long-term permits...................2..22--.--- 
Method of approving applications....-........-.-........-..-.. 
Method of disapproving applications...................2222-.-.. 
Reahteaames of applicants. .2 959755. ot Ra. SHE PA oe. 
Those by whom grazing permits may be obtained ........-...... 
RIMES CARO BE inc in seis o ercmiero a eS ee os Soe I 
Bane property must be-owned.. 222.222 25 99) Vivo. P28 2 rece 
Diva nemmeies) + Oi sietires Soil taliabetis eer Serb Man Me o> 
Ceoperaime amuciationaist9j.-ted-aiio.! See Res OF ooo 
tise'of common brandon miaricweie) 1c se). bos S 29! se 2 
Poms partnership, coparinershipss 2.9. 2220/42 YENI ek. 
EPIC OLDS Oo. as Obes eee od. SRR BTS 
Partnerships or corporations as new applicants................-.. 
Mormed women, dagminarass! moerigg reteu Jos ob ge Te} es 2c... 
stb so oo asia rE IDA Pe NEED 
Piers ton peraiitted stocks pete H3.. cs 5s sak o3 eso sts. 
essoawartd: ler dem st sc Seo c ntecseos 3 I I TRO 
Pomporry ase of ranges ces si cess oi estes sepersess ee. 
Preerencetih ane ot minags 708 «2. Seek Pea yt BIR oo 
Grazing privilege not ailepal rightco.282 0) £2.29 PE. es 
New daresis‘and additions... 222... 2/95) ys SM 
Class A—small nearby owners................-..------ Ci Mae LT Ea 
Class B—all other regular occupants of range..............-.-.-.- 
Class C—owners of transient stock...................-- ps resets 
Teme Menblers mite, QUAIL Y oo wars 5 SOLIS NS 
Sitias Gememined inyvholdings... 22.222. o eects ee PP 
Ovwnerskaiot rane property... 22.2.2... eed oe eee: 
Dependeiice epee rms... hss <2. sf oes Resi 8 BO 
Residence! as eae Satie. Pose read: Seen ee isi esbled drse ih 


8 CONTENTS. 


Pant II1.—Grazine--Continued. 
Apportionment of grazing privileges—Continued. 


Preference in use of range—Continued. 


Retention of preference. .,..-....-.s252s0b.). 60 1 OS 
Nonuse of range: .- «ee 422060 cS RR 8 SEE 
Waiver of preference. ...2- =<. <= <eaaee eee nee Oe Se eee 
Foreclosure of mortgage: .~2.2.5-.200c-. cee ee ee ee ee 
Nonownership of stock. .. 2..0/. 5. 600.0. Se See 
Transfer of preference to another Forest........:.2 2.2.2. 22.02... 


Protective and maximum limits. _ -orothet esos) eee 


Purpose of protective limits...2. 25.20. .2280.. 0.00.2. ee 
Purpose of maximum limite: «Jo Sh use ei A a 


Renewal of permits.2...2. 7. .5 0 ite eee. SO ieee 


Change of residence... .....---2..25.~.) Seen See ae ee 
Sale.of ranch<..2..-.2. 2. -si.2 255-5 2 cae eee eer ee 
Change in class of stock. ....... 2005-02. Toe 2 eee 
Paytnershine.. 5242s Sess... 20 he 2h ee 
Renewal to estates... 202-22. 3.6 ote ee ee 


Increases and reductions in number of stock..............-..-.---.-.- 


Increases above protective limit.......2..0.00 5. 022-2. 22se ete e ee 
Increases by Class A permittees. ...-.2.-coo-ot soe eee eee 
Increase in long-term permits. ..22-22. 2k 2 ee ee ee 
Reductions, . 02.52... 2n- c= was ee Uk eee ee 
Method of applying sliding scale. .......2. sossuse ieee See 
Reduction in long-term permits... ./2sos2i uo). Ur See o eee 


Permits to purchasers of permitted stock.............-..-.-.-..22-..- 


Sale of stock after approval of application...................--.-- 
Purchaser must observe original requirements. .............-.--- 
Qualificstions of purchaser. - ....-.-.~-. cue Seesaw ae eee aes Cee 
Purchase of stock by owner of improved ranch..............-.-..- 
Purchase: of stock and ranch .......0....-.c8seeeee oe eee Seen 
Purchase of:ranch property only .:.....-. 22.cspewotic eee = See 
Definition'of ranch property: /<22s.> 22. Lie) 22 eee Pease eee 
Relation of ranch property to stocks. \.vec 2.22 ocie- Si ee 
Leased land not agecnisbis was csues deesss. te ooh He ee . 
Involuntary purchase through foreclosure... .....-.-.----------- 
Temporary permit to involuntary purchaser............-.------- 
Renewal in case of involuntary purchase...........-.-.....--.-.- 
Permits to. new OWners.....+cuelsect¥eké nee tee 2) See ee 
Filed six. months: in ‘advance....2..<ieeslseLs $> eee eee eee 
Number ofstock allowed. .<2yveuns sascha See eee eee 

Olas BD PEGIINOTH sc. sock one sc boa ee ceca epee Seu eur. 1: See 

When not ellowed........-. -keeseowel Jog 20 6 SOE AE ee 

When restricted to one-fourth of protective limit................. 

When restricted to one-half of protective limit..............-.-.- 

When aliowed for full protective limit number. ......-.--.--.--- 

,.. Temporary allowances... saicetecccn ch. Webtewe eee pee oe ee 
Grazing permits, 5.5. ans ands Sew ou kaS be nck ome eee 
ISsSuUaNCes .. secon dducss A. cee Re SSeS Sees 2s Se 

Permits do not cover private landws.<::./u.20c-cee Soe eee 
Cancellation or reyocatian of permit. ........<-:.5. Jews ae eee 

Bonds. « en ckie ced sce cas ce cee sds - eee ee eee 
Settlement o£ controversies......<-.~<..<2.48eeeeee oe ee eee 
Appeals ss ic -~ sagas syaen ss Gus Sok «+ cee ent aisle ane ere rte eae 
Appeals to, district forester... . ..42..58.kies ss 065% Cees 
Appeals to Forester... oct deht (Geka vi ogee ee ee 
Examination, of records... .....~ <4... 4.) ee eee oS ee 
Counting stock.......0i..0¢. 22... 4 bee Ee eee ee ens 
Damage to roads, trails, er springy: -~/.<.<:.4ckeS.ete ee eet eee seer = ears 
Bedding sheepiand poate. ....< su; Ha0e We uNoe saree eee Eee 
Dispotition of carcasses, .<2...2-2.- 2h< 4-52 he bee ee ies oe ee 
Saltanp stock. 0..<....2..cqqads -aslecakGeb aaah Ieeee eal ots ee 
Quarantine and Jocal laws......../<-c:kcenoeen bere: ie J: eevee 
Stray. or‘unbranded stock... ......-.2Shstlanedd tec 2. 1 cee oe 

Part IV.—Ctaims, SETTLEMENT, Spectat Uses, Water Power: 

Cladimg. 5. Sees hon oe eu Sie = eee meee eR «Sc 
Initiation of claims on National Forests... .:...... 222... 220---<--1-- 


CONTENTS. 9 

* Parr 1VY.—Ciaims, SETTLEMENT, Spectat Uses, WATER Powrer—Continued. 
Claims—Continued. Page. 
ieeninguishment of claimige ol... = sett Sg iaw fea dere). 60 
‘Xam MahiOoOns Ban COULeSES.. <5... 2- cto. sb) gehioas Soe Sate oth... 60 
Ppiniiion ome claim. -—...-..3.saqeer. 24. ben Bee Bee: 61 
Daxaninaniom or mineral claims: . 0225-22 seek 2 SE 61 
Free use of timber for development of mineral claims..........---.-.- 61 
MERINO EL Uke ae 61 
Ramonal Horest homestea@act swiss! Sonreae Cae Uda Sagi AL 2 61 
Plastics ot actenitutal lands_..2.2. J... seeds is OE von ns. 62 
Additional homestead rights to certain settlers............---.-------- 62 
Beer pect privileses:... {kur ware wel I ome ood... 63 
Rerremilement before openime.: -..c.o-.-5- ss 2. Be eeek ee 63 
Sipenine ands (O/En ry occ. == s goceis 2 2 eee SEB Se Se Ls: 63 
Preference rights of settlement and entry.-..-.--.........---------+-- 63 
Pais tawlecal land: offices ssnce2 2s. 22 SoS Lae BE AED 63 
ihecee-year residence ‘suflicient.- > .sgysteslak 2. Poe seh seal. 63 
Occupancy under special-use permit not residence........-..-------- 64 
Applications forwarded to district forester...............-----++----- 64 
AP pluicanitioaccompany, examiner: 545.5). tates eee ee 64 
Survey plat and notices on unsurveyed land............-----2------ 64 
Survey without expense to entryman..-.......-..........---------+--- 64 
Free use of lands recommended for listing.-..-..-.-- eh Surat Sane pa gE 65 
neaiew oF reexamination’ +25. en £220 ee of: 2k. Leeann fees 65 
lindran-allotimentas .4224 sees so ay entice) 22a ae aes 8. TE 65 
LN AR SIO e's nega ne Oe eee ga) Sets 4S. Rae | Ste 2emere yl bea ee ae me St ee ro 65 
“ST ECL USES) Sy es a a nee ye Oca Malle pereiee Rte Rieacs' (er Ee ates gl Ce 66 
SESesOUT MONG eee ea! as Ase ees leas hk ee Ae Grew Ma pes he hel Ree eet 66 
ow ti apply for special-use permit. _~ .- 1.850} st 2. a2 sis 68 
LBS TLOGIS eye Ae ese ei ae shea i eee Se bee Vege oe ee ene eee ml 68 
PRemITevOrgoGhMalts:: Leis eyes hie ee teeees eer gly eiewene ee) ys “Peay eres 68 
ReMPRC NUTINI TONER. - sec. 52. oe he Se ee Sees 2 eS eee 68 
Hotels and dwellings adjacent to mineral springs..............-.---- 69 
Beets nse Gi acmiimastral ye Sives. —— ./. 2 Oreste eed 69 
melephoneand telecraph’ limese sh as .5 25466 sak i ee ee oe eee 69 
Bee ses Ona aims me we tien in ee een ale Sam ew Rene Nem or tae 1p 2 69 
Permits on forest homesteads: 55: i2.8. 33 she eo es 69 
PCTS BiG 8 Soh i RN cade aed INS RE ede AN pele PEE es 69 
ee Ee rONIMNAbeLian ese cee. ee ere ote eine he SOR, RRO TS 69 
COTE Seti es OSE a PSE ERA ef TS eR st i 70 
UPR SINGES: 2.254 See en eae oe coe angina ep a ones em ave 70 
RT Rta OEE Aten op ee eta ae ne NE Oe rea ewes eee es ie 70 
SAMnewpresenvedian dorish GulGgures:: 2,25 see aas tes los 2s ene se acne 70 
PEGS... A ie, Sh ee fe ge 70 
LE ATLII ge 6 Ba S71 OR cake ie eee nS A a 70 
brits 100 Atricahin WOresecy on ee Oe ee Se oe nes 70 
Grants for municipal and mining purposes.-....-.........-------- 70 
AVpucahions filed-imlocalilandvofices.s. 02224205. 52535. s0 Sse 2 = 70 
Rights of way under special-use permit: -.-.-.......-.2.-.-:<2+-:.s0-- 71 
mpplicant may choose form of permit. .2252.252.02- 2... .525- bi e052 eee 71 
BRIMOGE 200 O20 lcs w. Sepa? pirey Tame te CS Lo ola ctge 71 
Power may be developed under permit............-.--.-----------+- a 
Pelee yen teentd fo TEVOCAION: <-/-cecwa ane oa Sekt ea eae tne es 71 
peepee Coerer RUN LOTS Eo). oe ae hen ee mci as RES OS eee 7 
How: te obiain specisc Information: 250.24. 222 ....c.<-28- bans des 71 

Parr V.—PROTECTION OF THE NATIONAL Forests: 

TG CE GENS 2 Tag eR gs Se RR Ee Relea nn 72 
Pere ENE aE cee a Oe ey ae pice we ne ciate tle 72 
iatdecna ani millil trespass... 22)... 222-6 -scscuceies- vee ss eseee se 73 
Destruction of timber not the only damage............-------------- 73 
[Meare =. 1 Sa ees ete pg egg eo 73 
Cooperation in enforcing State fire laws......-.--------------2--seeeeeeee 74 
Wire-proteciion cooperative agreements. ........:....----2-2-/--2---+-56: 74 
LEE EU ANE CCB oe ee er 74 
Timber depredations on National Forests. .........-.-------------+s 74 
Brass tonber fonamepemane, Cte-.-....5.--22.22--22--e0.2+s0 0 earn 74 


Timber cutting on unperfected claims...........----.--------eee00- 75 


10 CONTENTS. 


Parr V.—Prorection or tHE NATIONAL Forests—Continued. 


Timber trespass-—Continued. Page. 
Innocent and willful treapaas..* 2. 2... ..2202. 3 V2 See 75 
Damage to young growth, etc......-..° 2098.00: J. Se 75 
Seizure of timber. cut in trespass. .......s@0g8 5.232. 2. 75 

Grazing trespaas. 2... Joc... 6. c2 2b sean sk Ue = 2 76 
Removal of stoek. ius 23.08 2 oes RE ae 20 et 76 

Oceupatiey trespaas no Feng so et arn iw Si eam 76 
What constitutes occupancy trespass... 222. 25.5 22 ere) Jae 77 
Action to stop trespass.....--..-.------ dh Tin 2b, cee 77 

Property ‘trespass. -<.'-2:. 2 Sse See bse Sat. ee 77 
Recovery of Forest-Service property .....5....0...2.050. 20. -1e Pees 77 
Boundary marks... =. 0-225 ow Ja.5 set Gage es Se OSs ee 77 

Setilement of trespass Cases. . 2. <2... nes ~ tees coats ene ee a 77 
Civil eases. 2.02. .ce-2 4 ~ e Ue ee 78 
Criminal cases... 2.-52 Juss 125 - inne ea ae see a ee 78 
Action where arrest ia necessary......2:.220 25. as eo a 78 

Protection of water suppl 9.0. 625.5 .22t.0, 225 ea 78 
Importance of protection. 225 . 5. ssc 1-20: Ge- Se 6) ee 79 
Cooperative agreements. .....-2.22::----+---+- Wiuwcu! ii dee 79 
Stipulations in permits and contracts...-...-.-..-.---.-----+---+---. 79 

Protection of game, fish, and binds-W22: 2 2-42..25 Sg 79 
Game and bird refuges._.255 022... 2. .2ssos sha ee Se 79 

National monuments..< 5s... 1. / 222552 ee. ee, ee 80 

Parr VI.—CoorEeration, Dirrusion oF INFORMATION, ETC.: 

Assistance to private owners of timberland................-...... 5.22... 81 
Técbrtical advices. . 2230s .ie2 cbs 52-8 ee Re ae Oe 81 

_ Cooperative examinations... .-5.... 19.0302. <2 «5,4. ee 81 

Cooperation with-States, ete. .2.. - 20020... SS a ee 82 

Investigations of forest. products: ; ....2 2.2.2 5 225 os cee ks 82 
Cooperation with companies, organizations, and individuals. ......... 82 

Pubhiestions. 2 20.205 oF eae hn oS 2 oa one aE 83 

Mapa. 2525: .- ssa e nce 2 Rh ee es Se 83 

PROsraHIDS | 2. 72422542 Sa Sa eee aes. Ba oe 83 

Educational material for schools and libraries. ..........-.----....--.- ae 84 

Lanter slidea= -. o2c2..5 2. Sone Se ee ee 84 

National Forests, location, date, and area, January 31, 1913..........- Bee 84 


FOREWORD. 


National Forests are open to all persons for all lawful purposes. The timber, 
water, pasture, and other resources are for the use of the people, and the min- 
erals are open to exploitation just as on unreserved public land. This manual 
tells how these resources may be obtained under reasonable conditions without 
delay. 

Persons who wish to make any use of the resources of a National Forest for 
which a permit is required should consult the nearest Forest officer. 

Twenty-five per cent of all receipts from National Forests are given to the 
counties in which they lie, to be used for schools and roads. An additional 10 
per cent is expended by the Secretary of Agriculture upon roads and trails 
constructed primarily for the benefit of settlers within the Forests. 


Regulations are printed in this type. 
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THE USE BOOK. 


PART I.—ADMINISTRATION OF THE NATIONAL FORESTS, 


RELATION GF FOREST OFFICERS TO THE PUBLIC. 


Supervisors. rangers, and other Forest officers carry out the administrative 
policy prescribed for the National Forests by Congress, as embodied in the regu- 
lations made by the Secretary of Agriculture. As officers of the Government 
it is their duty to enforce these regulations without fear or favor. 

Forest officers are also agents of the people, with whom they come into close 
relations, both officially and as neighbors and fellow citizens. They must an- 
swer all inquiries fully and cheerfully and be prompt, active, and courteous in 
the conduct of Forest business. It is their duty to assist the public in making 
use of the resources of the Forests. They aim to prevent misunderstanding 
and violation of Forest regulations by timely and tactful advice rather than 
to follow up violations by the exercise of their authority. 

It is essential that Forest officers should win the respect and confidence of 
those with whom they come in contact. The Forest Service will not tolerate 
discourtesy or inefficiency in any of its members. Even the best, however, 
ean not always give satisfactory service under adverse conditions. Forest 
officers can always render more and better service where they receive straight- 
forward and friendly treatment. It is therefore within the power of Forest 
users to aid greatly in the efficient performance of the public business by 
according to Forest officers the same frankness, consideration, and courtesy 
which the Forest officers are expected to show them. 

If there is just cause for complaint regarding the conduct of any Forest 
officer, the matter should be taken up in writing either with the immediate su- 
perior of the officer complained against or with the Forester at Washington, 
DC: 


PURPOSE AND LOCATION OF NATIONAL FORESTS. 


The National Forests are large tracts of land, mainly mountainous and tim- 
bered, set apart to insure a perpetual supply of timber for home industries, to 
prevent destruction of the forest cover which regulates the flow of streams, 
and to protect forest and range from monopoly or abuse, to the injury of local 
residents and the public generally. The first Forest was created by President 
Harrison in 1891, under the name of the Yellowstone Park Timberland Reserve. 
Later forest reservations were called forest reserves, until in 1905 Congress 
changed the official designation to National Forests. 

Congress has said that National Forests may be set aside from public lands 
covered wholly or in part with timber or undergrowth, whether of merchantable 
value or not. Some National Forests are heavily timbered and are set aside 
mainly for the value of the timber; others are located in thinly wooded regions 
mainly to protect and conserve the water supply, without which the country 
would be uninhabitable. 

The National Forests are located chiefly in the Western States. In all there 
are 163 Forests, comprising a gross area of 187,000.000 acres, of which about 
11,000,000 acres are alienated land held by States and individuals. Their names 
and areas are shown in a table in the back of this book. 

Mourtain lands are now being purchased, under the provisions of the Weeks 
law, from private owners in the Appalachian and White Mountain regions of 
the East. Eventually these will become National Forests. 

13 


14 THE USE BOOK. 


HISTORY OF THE NATIONAL FORESTS. 


As early as 1799, and again in 1817, Congress provided for the purchase of 
timberlaunds to supply the needs of the Navy. Ocher acts from time to time 
mide similar provisions for setting apart forest land for specific purposes, but 
the first attempt to secure comprehensive administration of the forests on the 
public domain was in 1871, when a bill was introduced in the Forty-second 
Congress, which, however, failed of passage. 

In 1876 $2,000 was appropriated ‘*‘to employ a competent man to investigate 
timber conditions in the United States,” and on June 30, 1886, an act was ap- 
proved creating a Division of Forestry in the Department of Agriculture. On 
July 1, 1901, this division became the Bureau of Forestry, which, in turn, 
under the act of February 1, 1905, became the Forest Service. 

With the increasing realization that the Nation’s forest and water resources 
must be protected the necessity for retaining permanent Federal centrol over 
selected forest areas was recognized by a brief section inserted in the act of 
March 3, 1891 (26 Stat., 1095) : 

(1103) Src. 24. That the President of the United States may, from time to 
time, set apart and reserve, in any State or Territory having public land 
bearing forests, in any part of the public lands wholly or in part covered with 
timber or undergrowth, whether of commercial value or not, as public reserva- 
tions, and the President shall, by public proclamation, declare the establishment 
of such reservations and the limits thereof. 


The mere ereation and setting apart of forest reserves, however, without 
provision for their use, was both ineffectual and annoying to local interests 
dependent upon their resources. Consequentky the Secretary of the Interior, 
in 1896, requested the National Academy of Sciences to recommend a national 
forest policy. This resulted in the passage of the act of June 4, 1897 (30 Stat., 
11), under which, with subsequent enactments, National Ferests are now ad- 
ministered. This act was as follows: 

(34) All public lands heretofore designated and reserved by the President 
of the United States under the provisions of the act approved March third, 
eighteen hundred and ninety-one, the orders for which shall be and remain in 
full force and etfect, unsuspended and unrevoked, and all publie lands that may 
hereafter be set -aside and reserved as public forest reserves under said act, 
shall be as far as practicable controlled and administered in accordance with 
the following provisions: 

No public forest reservation shall be established, except to improve and pro- 
tect the forest within the reservation, or for the purpose of securing favorable 
conditions of water flows, and to furnish a continuous supply of timber for 
the use and necessities of citizens of the United States; but it is not the pur- 
pose or intent of these provisions, or of the act providing for such reservations, 
to authorize the inelusion therein of lands more valuable for the mineral 
therein, or for agricultural purposes, than for forest purposes. 

The Secretary of the Interior shall make provisions for the protection against 
destruction by fire and depredations upon the public forests and forest reserva- 
tions which may have been set aside or which may be hereafter set aside under 
the said act of March third, eighteen hundred and ninety-one, and which may 
be continued; and he may make sueh rules and regulations and establish such 
service as will insure the objects of such reservations, namely, to regulate 
their occupancy and use and to preserve the forests thereon from destruction ; 
and any violation of the provisions of this act or such rules and regulations 
shall be punished (by five hundred dollars fine or twelve months’ imprisonment, 
or both) as is provided for in the act of June fourth, eighteen hundred and 
eighty-eight, amending section fifty-three hundred and eighty-eight of the 
Revised Statutes of the United States. 


On the theory that the management of Iand, not Forests, was chiefly involved 
this law gave the Secretary of the Interior authority over the Forests, and pro- 
vided that they should be surveyed, mapped, and classified by the United States 
Geologieal Survey and administered by the General Land Office. But the com- 
plex technical problems arising from the necessary use of forest and range soon 
demanded the introduction of scientific methods and a trained foree, which could 
not be provided under the existing system. The advice and services of the 
Bureau of Forestry were found necessary, but under the law could be but im- 
perfectly utilized. The necessity of consolidating the various branches of Gov- 
ernment forest work became apparent, and was urged upon Congress by the 


ADMINISTRATION OF THE NATIONAL FORESTS. 15 


President and by the executive officers concerned. Finally, the act of February 
1. 1905 (33 Stat., 628). transferred to the Secretary of Agriculture entire 
jurisdiction over the National Forests, except in matters of surveying and 
passage of title to land. This act was as follows: 

The Secretary of the Department of Agriculture shall, from and after the pas- 
sage of this act, execute or cause to be executed all laws affecting public lands 
heretofore or hereafter reserved under the provisions of section twenty-four of 
the act entitled “An act to repeal the timber-culture laws, and for other pur- 
poses,” approved March third, eighteen hundred and ninety-one, and acts sup- 
plementa! to and amendatory thereof, after such lands have been so reserved, 
excepting such laws as affect the surveying, prospecting, locating, appropriating, 
entering, relinquishing, reconveying, certifying, or patenting of any such lands. 


THE FOREST SERVICE AND THE NATIONAL FORESTS. 
ESTABLISH MENT. 


The Secretary of Agriculture is empowered by Congress to ‘‘ make such rules 
and regulations, and to establish such service as will insure the objects of 
such reservations {National Forests), namely, to regulate their occupaney and 
use, and to preserve the forests from destruction.” Under the provisions of 
this act the Secretary has made and published regulations relating to the 
protection and use of the National Forests, and has established the Forest 
Service to carry such regulations into effect.* 


PURPOSES OF ADMINISTRATION, 


The regulations and instructions for the use of the National Forests given in 
this manual are in accordance with the organic acts and with the various sup- 
plementary and amendatory laws passed since June 4, 1897. They embody the 
general policy laid down for the Forest Service by the Secretary of Agriculture 
in his letter to the Forester dated February 1, 1905: 

“Tn the administration of the forest reserves it must be clearly borne in mind 
that all land is to be devoted to its most productive use for the permanent good 
of the whole people and not for the temporary benefit of individuals or com- 
panies. All the resources of forest reserves are for use, and this use must be 
brought about in a thoroughly prompt and businesslike manner, under such 
restrictions only as will insure the permanence of these resources. The vital 
importance of forest reserves to the great industries of the Western States will 
be largely increased in the near future by the continued steady advance in set- 
tlement and development. The permanence of the resources of the reserves is 
therefore indispensable to continued prosperity, and the policy of this depart- 
ment for their protection and use will invariably be guided by this fact, always 
bearing in mind that the conservative use of these resources in no way conflicts 
with their permanent value. 

“You will see to it that the water, wood, and forage of the reserves are con- 
served and wisely used for the benefit of the home builder first of all, wpon 
whom depends the best permanent use of lands and resources alike. The con- 
tinued prosperity of the agricultural, lumbering, mining, and live-stock interests 
is directly dependent upon a permanent and accessible supply of water, wood, 
and forage as well as upon the present and future use of these resources under 
businesslike regulations enforced with promptness, effectiveness, and common 
sense. In the management of each reserve local questions will be decided upon 
loea! grounds; the dominant industry will be considered first, but with as little 
restriction to minor industries as may be possible; sudden changes in industrial 


1 The public lands are held in trust for the whole people, not for the people of the 
States. Within which they are located. The Government has in its lands all the rights 
of an individual proprietor to maintain its possession and prosecute trespassers. It may 
deal with them as an individual may deal with his lands. It may sell or withhold them 
from sale or settlement. It may absolutely prohibit or fix the terms on which they may 
be used. The constitutional declaration that ‘‘ Congress shall have power to dispose of 
and make all needful rules and regulations respecting the territory or the property 
belonging to the United States’ (Art. IV, sec. 3) places in Congress authority and dis- 
cretion to exercise the above rights and powers; and Congress may therefore reserve or 
authorize the President to reserve public lands as National Forests without the consent 
of the State within whose borders they lie. (From decision of United States Supreme 
Court, Light v. United States, 220 U. S.. 523, and cases therein cited.) 


16 THE USE BOOK. 


conditions will be avoided by gradual adjustment after due notice, and where 
conflicting interests must be reconciled the question will always be decided from 
the standpoint of the greatest good to the greatest number in the long run.” 


ORGANIZATION, 


The administration of the National Forests and the conduct of all matters 
relating to forestry which have been placed upon the Department of Agriculture 
by Congress are, under the direction of the Secretary of Agriculture, in charge 
of the Forester, who is the Chief of the Forest Service. The office of the For- 
ester is in Washington, D. C. 

Administrative districts. 
For the better administration of the National Forests six districts have heen 
established, with headquarters at the following places: 
District 1, Missoula, Mont. 
District 2. Denver, Colo. 
District 3, Albuquerque, N. Mex. 
District 4, Ogden, Utah. 
District 5, San Francisco, Cal. 
District 6, Portland, Oreg. 

Each administrative district embraces a number of National Forests, and 
is in charge of an officer known as the district forester, who is responsible to 
the Forester for a!l administrative and technical work performed within the 
* district. Each district forester is aided by several assistant district foresters 
and specialists in various branches of the work. 


QUALIFICATIONS AND DUTIES OF FOREST OFFICERS. 


_ All permanent positions in the Forest Service are in the classified civil service. 

Vacancies are filled through selections from eligibles certified by the Civil 
Service Commission and by promotion in rank. Definite information as to the 
times and places at which examinations are he!d may be obtained only from 
the Civil Service Commission, Washington, D. C. 


Supervisors and deputy supervisors. 


Each National Forest is in charge of a forest supervisor. who plans the work 
on his Forest under the instructions of the district forester and supervises its 
execution. When the amount of business on a National Forest warrants ay 
the supervisor is assisted by a deputy supervisor, who has such duties and 
authority as may be delegated te him by the supervisor. 

The positions of forest supervisor and deputy supervisor are filled only by 
the promotion or transfer of experienced men from Classified positions in the 
Forest Service. ‘ 

Supervisors’ headquarters are located in towns conveniently situated with 
regard to the Forests. ; 


Forest examiners. 

Forest examiners are employed upon such lines of technical work on the 
National Forests as the examination and mapping of forest areas, reports on 
applications for the purchase of timber, marking, scaling, and managing timber 
sales, survey of boundaries, nursery work, and forest planting. The forest 
examiner is placed directly under the supervisor, who directs his work and to 
whom he submits his reports. The position is filled through a technical exami- 
nation, calling for a great deal of specialized knowledge. Only applicants with 
the following minimum training and experience are eligible for examination: 
(a) Not less than one full school year’s theoretical and practical experience in 
forestry at a forest school or an established department of forestry in an 
institution of collegiate grade; (b) for those who have not attended a forest 
school. not less than two years’ experience in practical forestry in the field. 
The examination is held in March of each year. The entrance salary, for the 
grade of forest assistant, is $1,100 per annum, and the appointee may be re- 
quired to supply his own horse and riding equipment. 


Rangers. 
Routine work involved in the supervision of timber sales, grazing, free use, 
special use, and other contracts and permits, the carrying out of the protection 


ADMINISTRATION. OF THE NATIONAL FORESTS. Lz 


and improvement plans. and other administrative activities is performed by 
rangers. Each Forest is divided into ranger districts of such a size that, under 
ordimary conditions, all the regular work can be handled effectively by one fully 
qualified ranger with the necessary temporary assistants. The average ranger 
district has about 60,000 acres, but where means of travel and communication 
are good, or where there is only a small volume of business or the fire hazard 
is low, very much larger districts may be established. 

The district rangers have their headquarters at the nearest business center, 
or if that is not practicable, permanent headquarters with barn and pasture 
are provided on the Forests. 

The requirements for assistant forest ranger, the grade to which appointments 
are made, are as follows: 


REGULATION G. A.-1. Only citizens of the United States and those who 
have declared their intention to become such, and who are between the ages of 
21 and 40, are eligible for ranger examinations. Selection for appointment will 
be made when practicable from qualified citizens of the State in which the 
National Forests, respectively, are situated. These qualifications will not be 
waived under any circumstances. (Issued August 12, 1912.) 


The entrance salary is $1,100 per annum, and the appointee will nearly always 
be required to provide his own horse or other means of transportation, though 
a limited amount of forage is usually supplied by the Service. 

Physical soundness and endurance are essential on account of the heavy 
labor and exposure involved in such work as building improvements ae 
fighting fire. The examination consists of a written test, a field test embracing 
compass surveying, timber work, and the handling of horses, and a rating. of 
training, paperience: and fitness. In the Southwest a knowledge of the Spanish 
language is also required. The examination is usually given in October of each 
year, at each superyisor’s headquarters. The most successful rangers are 
usually those who have been brought up in timber work or on ranches or 
farms, and who are thoroughly familiar, through long residence, with the region 
in which they are employed. 


Lumbermen. 


Lumbermen are appointed after a ciyil-service examination, which requires 
much previous experience in woods work and a high degree of proficiency in 
cruising, logging, and milling. A thorough knowledge of scaling methods is 
absolutely necessary. Lumbermen are assigned temporarily to Forests where 
the need for their work arises. 


Sealers. 


Sealers are appointed after a civil-service examination, which requires much 
previous experience in scaling and woods work. 
Planting assistants. 

The position of planting assistant requires special training in nursery and 


planting work. The duties include the preparation of seed beds, seed sowing. 
transplanting and care of seedlings, and field plauting. 


Forest guards, field assistants, and temporary laborers. 


Skilled and unskilled labor of a temporary character required in the use 
protection, and improvement of the National Forests, is performed by forest 
guards, field assistants, and temporary laborers. These positions are not in 
the classified civil service, but are filled through selection by the forest super- 
visor or by officers in charge of field parties, to whom application for employ- 
nent should be made. 


Forest clerks. 


Clerical work in the supervisor's office is performed by forest clerks. Only 
mmale applicants are admitted to the examinatiqn, which is held as required. 
Proficiency in stenography, typewriting, and the elements of bookkeeping is 
tested. The entrance salary is from $1,100 to $1,200. 

Minor clerks and stenographers are selected from the register established 
for the Government service at large, in which no sex limitation exists. The 
entrance salary is ordinarily $900 per annum. 


2268°—13——2 


‘ii 


18 THE USE BOOK, 


AUTHORITY OF FOREST OFFICERS. 


All Forest officers have power to arrest without warrant any person whor 
they discover in the act of violating the National Forest laws and regulations 
or if a violation of such laws and regulations is committed out of the view oi 
such oflicers they have the authority to secure a warrant from a United States 
commissioner, or, if one is not convenient, from a justice of the peace, an¢ 
use it as the visible sign of the right to arrest, and also toe arrest for any sucl} 
Violation on a warrant obtained by any competent person. 


ACCESSIBILITY OF PUBLIC RECORDS. 


REGULATION G. A.—5. In general, the papers on file in the offices of the 
Forest Service relating to the transaction of National Forest business are pub 
records, and as such are open to the public. Information should not be refuset 
to persons whese interest is legitimate. Recommendations on matters pending 
should not be made public. Equal opportunities for information must be giver 
to all persons having an interest in any transaction. In conformity with the 
practice and at the request of the Department of the Interior, all reports or 
public-land claims will be treated as confidential, and may be examined only by 
duly authorized officers and employees of the Government. Personnel report: 
are confidential, and may be examined only by duly authorized officers of the 
Government. Under no circumstances will inquirers be permitted to take paper: 
from the files outside of the building, (Issued August 12, 1912; amended tc 
read as above May 9, 1913.) 


ASSOCIATIONS OF FOREST USERS. 


REGULATION G. A.-10. Wherever any association whose membership include: 
a majority of the local residents using a National Forest, or portion thereof, foi 
like purposes, shall select a committee, an agreement on the part of which shal 
be binding upon the association, such committee, upon application to the districi 
forester, may be recognized in an advisory capacity on behalf of the association 
and shall be entitled to receive notice of proposed action and have an oppor- 
tunity to be heard by the local Forest officer in reference’ to any proposed 
changes likely to materiaily affect the use or interest in the Forest or portion 
thereof enjoyed by such permittees. The general principles of recognition and 
responsibility governing cooperation with live-stock associations are herewith 
extended, so far as they are applicable, to the other regular lines of business 
conducted on the National Forests. (Issued July 3, 1918, to take effeet July 15, 
1913. ) 

HOW TO REMIT MONEY. 


Forest officers are prohibited from receiving payments for the sale of timber 
or the use of any forest lands or resources. All such payments must be made 
to a designated depository of the United States Treasury. The remittance to 
the depository shovld be in the form of a draft on New York or a postal or 
express money order, and must be accompanied by a letter explaining the pur- 
pose of the remittance. Form letters of transmittal for this purpose will be 
furnished by Forest officers. ; 

The designated depositories are as follows: 

District 1, Western Montana National Bank, Missoula, Mont. 
District 2, Denver National Bank, Denver, Colo. 

District 3, First National Bank, Albuquerque, N. Mex. 
District 4, First National Bank, Ogden, Utah. 

District 5, First National Bank, San Francisco, Cal. 

District 6, Lumbermens National Bank, Portland, Oreg. 


PART I1.—TIMBER SALES, TIMBER SETTLEMENT, FREE USE. 
TIMBER SALES. 


NATIONAL FOREST TIMBER FOR SALE. 


All mature timber on the National Forests which may be cut with benefit, in 
accordance with the principles of forestry, is for sale, and will be offered as 
demand arises. Only stumpage is seid, the title to the land remaining with the 
Government. Timber may be sold in amounts ranging from a few theusand 
feet up te whatever amount may be necessary to warrant the investment re- 
quired for constructing a railroad or other means of transportation inte cem- 
paratively inaccessible regions. 


PURCHASER’S FIRST STEP. 


The first step for anyone desiring to purchase Government timber is to com- 
municate with an officer of the Forest on which the timber is located. If the 
amount desired is small, the local ranger can arrange the sale without delay. 
Amounts valued at more than #50 can be sold only by the supervisor or by the 
district forester or the Forester, according to the size of the sale. (See Reg. 
S-3. This and other regulations relating to timber sales are grouped on pages 
25-29.) 

Many remote timber areas have been cruised, and supervisors are in posses- 
sion of reports showing the Jecation, amount of timber, and the other facts 
upon which an opinion of the chance is usually based. Information with 
regard to available areas or the sale of National Ferest timber may be secured 
by addressing the Forester, Forest Service, Washington, D. C.; the district 
forester at either Missoula, Mont.; Denver, Colo.; Albuquerque, N. Mex.; 
Ogden, Utah; San Francisco, Cal.; or Portland, Oreg.; or the Forest Service, 
Federal Building, Chicago, Il. 


FOUR CLASSES OF SALHES. 


Time required to 


Class. By whom approved. Maximum amount sold. concumuatasalel 
| : 
aaa 
iS eee | ARIE enor. 20 Se ei atchislt cvcielo $50 Gunadvertised) soe seee css 1 to 5 days. 
1 eae ge visor $100 (unadvertised)......-..-.-..--- 1 to 15 days. 
ee seem Been (= a rr 2,000,000 feet b. m. (advertised) _.... 35 to 90 days. 


Te eee | Disinict forester or Forester Over 2,000,000 feet b.m. (advertised).| 45 to 200 days. 


ADVERTISEMENT OF SALE. 


All sales exceeding $100 in amount must be advertised, except those made 
to homestead settlers and farmers under the terms of Regulation S-9. Pro- 
eedure in an advertised sale is as follows: After the applicant bas selected 
the bedy of timber which he wisbes to purchase, he will be furnished by the 
supervisor with a sample application stating the area, etimated amount, mini- 
mum stumpage price, period allowed for cutting and removing the timber, and 
ether conditions to be complied with, following as clesely as possible the form 
of the final sale agreement. If the applicant accepts these conditions, he is 
required to deposit an amount exceeding the total estimated cost of advertising 
by approximately 25 per cent. The minimum deposit is $10. A notice of the 
sale of the timber is then published, the choice of mediums and number of 
insertions depending upon whether the sale is of local, regional, or general 
interest. This notice describes the timber, gives the minimum stumpage prices 
that will be accepted, and specifies the date upon which sealed bids will be 

ils) 


20 THE USE BOOK, 


received. The period of advertising will be at least 30 days, and in large sales 
may be 90 days or 6 months. Forms for bidding will be furnished to th 
original applicant and others who signify their intention fo bid. 


DEPOSIT WITH BID. 


A deposit is required with all bids to show the good faith of the bidder. In] 
large transactions it is usually from 3 to 5 per cent of the purchase price. 


AWARDING A SALE, 


On the date specified in the advertisement the supervisor (or district forester) 
epens all bids received and awards the sale to the highest bidder. A sale con- 
tract is then prepared and executed by the purchaser. . 


FINANCIAL STANDING OF APPLICANT, 


A specific statement of financial ability will be required in all sales of 
10,000,000 feet or more and in smaller sales in the discretion of the approving 
officer (Reg. S-14). Such a statement may be required when necessary in 
the judgment of the approving officer before the approval of a sale application. 
either formal or tentative, and in any event before the timber is awarded tec 
the successful bidder. 

BONDS. 

The contract must be supported by a snitable bond given by two responsible 

sureties or by a surety company authorized to do business with the United 


States (Reg. S-14), The following table indicates the amount of the bond 
to be furnished: 


| Amountof | Amountof 
sale. | bond. } 

meosee 

| $3, 000-85, 000 $500 

5, 000-10, 000 1,000 | 

| 10, 000-20, 000 2; 000 

| 20, 000-30, 000 3. 000 

; 30,000-40,000 | 4,000 

40,000-75,000 | 5, 000 

| Above 75,000 | 6,000-20,000 


In sales exceeding 100,000,000 feet the amount of the bond required is ap 
proximately 5 per cent of the value of the timber at the initial stumpage rates. 
For bonds in connection with steam sawmills, see p. 68. 


THE SALE CONTRACT. 


The sale contract contains in full all the conditions under which the cutting 
is to be done. 


General stipulations. 


In all sales of National Forest stumpage the contract provides that no timber 
shall be cut until it has been paid for, and that it shall not be removed until it 
has been scaled by the Forest officer. All live timber will be marked or other- 
wise designated before cutting, and any merchantable timber utilized for im- 
provements will be scaled and paid for. The maximum stump height ordi- 
narily is 18 inches, and merchantable timber must be used to a specified diam- 
eter in the tops, which is adjusted for each species in accordance with local 
manufacturing and market conditions. The officer in charge of the sale is 
authorized to vary the stump height and top diameter in individual cases when 
those specified in the contract are not practicable. Tops must be trimmed up 
and, as a rule, brush must be piled and burned, or burned without piling, 
under the direction of Forest officers. Merchantable timber which is not eut 
and removed, and unmarked trees which are cut, must be paid for at double th 
specified stumpage rates. : 

All camps, buildings, railroads, and other improvements necessary in logging 
and manufacturing the timber may be constructed upon National Forest land 
without charge. Railroads which open up inaccessible regions may be required 
to be made common carriers or to transport logs or lumber for other purchasers 
from the Government at reasonable rates. 


TIMBER SALES, TIMBER SETTLEMENT, FREE USE, 21 


Fire protection. 


Since fire protection is one of the most important duties of the Forest Serv- 
ice, provision is made in alli contracts that the purchaser place himself and 
employees, as well as the employees of contractors, at the disposal of authorized 
Forest officers in fighting fires. Reimbursement for such services will be made 
at the wages in vogue for fighting fire on the Forest in question, unless the fire 
threatens the timber purchased or property of the operator, or is started in 
connection with the operation. Under these conlditions the purchaser is ex- 
pected to furnish his available employees to assist the Government in fire fight- 
ing without charge. Efficient spark arresters are required on wood and coal 
burning boilers or locomotives. (Reg. S—10.) Inflammable material must ‘be 
cleaned up in the vicinity of logging engines, and other precautions taken to 
insure against fire spreading from this source. Snags and diseased trees upon 
the sale area must usually be felled, whether merchantable or not, in order to 
remoye fire menace and to check the spread of timber infection or insect pests. 


: WHEN CUTTING MAY BEGIN. 


AS soon as the contract is executed and the first payment made a portion of 
the timber will be designated for cutting and the purchaser may begin opera- 
tions at once. 


ADVANCE CUTTING. 


Applications for permission to begin cutting in advance of the execution of 
the contract will be approved or recommended only to prevent serious hardship 
and delay or unnecessary expense to the purchaser. (Reg. S-8.) 

The permit for advance cutting does not give the applicant the right to take 
all the timber which he bas applied for at the rate of the highest bid, but 
merely to take such timber as he cuts before the completion of the advertise- 
ment. In no case will he be allowed to cut timber in excess of the amount 
covered by his deposit. If the only bid received is from the applicant for ad- 
vance cutting, and if this is accepted, the supervisor will allow cutting to con- 
tinue after the expiration of the advertisement uncil the contract is presented 
for execution, provided the deposits are sufficient. The bid must be submitted 
and a contract providing for payment at the highest price bid executed imme- 
diately, otherwise cutting will be suspended until these requirements are met. 


PRIVATE SALE OF ADVERTISED TIMBER, 


Contracts to dispose of timber which has been advertised but for which no 
satisfactory bid was received or sale consummated may be made at any time, 
through private negotiations, by the officer having authority to sell the amount 
of timber involved. The price must not be less than the highest price offered, 
if any bid was received, and in no case Jess than the minimum named in the 
advertisement. (Reg. S-9.) 


UNADVERTISED SALES TO SETTLERS AND FARMERS. 


Sales to homestead settlers and farmers under Regulation S—9 will be made 
without advertisement, in any amount desired, at the price fixed annually for 
each National Forest region of similar conditions by the Secretary as equiva- 
lent to the actual cost of making and administering such sales. 

Only material to be used by the purchaser for domesti@ purposes exclusively 
on homesteads or farms will be sold under this regulation. Such uses include 
the construction or repair of farm buildings of any character, fences and 
other improvements, and fuel. Sales under this regulation will not be made to 
agents employed by the person or persons who will use the timber cut, to 
manufacturers or others who propose to sell the material to settlers or farmers, 
or to persons who have on their own lands a sufficient and reasonably accessible 
supply of matertfal suitable for the purposes required. Such sales will, further- 
more, be restricted to mature dead and down timber which may be cut with- 
out injury to the Forest, as close utilization of inferior species and grades of 
material as practicable for the purposes of the purchaser will be required. 


22 THE USE BOOK, 


MARKING TREES TO BE CUT. 


In order to insure proper restocking of the ground, all live trees must bx 
marked or designated by the Forest officer before cutting. If desired, sampl 
areas will be marked for the information of the purchaser before the fina 
contract is signed. Usually one-tenth to one-third of the stand is reserved 
either scattered over the entire tract or distributed in groups. 


SCALING TIMBER. 


Although the contract contains an estimate of the timber to be cut, Nationa 
Forest timber is not sold upon mere estimate. Payment is made upon the actua 
log scale of the timber cut, according to the Scribner Decimal C Rule. Sealin; 
will be done by an officer of the Forest Service and proper allowance mad: 
for defects. Purchasers may be required to skid logs for scaling, unless thi: 
will greatly increase the cost of legging. 


Log lengths. 


On all Nationai Forests, except these in Alaska and west cf the summit of th: 
Cascade Mountains in Washington and Oregon, logs over 16 feet long will be 
scaled as two or more logs in lengths not less than 12 feet, if possible. 

Special rule for Alaska and west slope of Cascades.—On the National Forest: 
in Alaska and west of the Cascade Mountains in Washington and Oregon log 
up to and including 52 feet long will be scaled as one log; lengths from 3 
feet to 64 feet, inclusive, wili be scaled as two logs, dividing them at the cente 
as hear as may be in even feet. ‘Thus a 34-foot log will be scaled as an 18-foo 
log and a 16-foot top leg. A 36-foot leg will be scaled as two 18-foot logs. 


Unnecessary loss in manufacture not considered. 


It is assumed that purchasers utilize the maximum amount of material i 
manufacture. Since the Government can not be held responsible for loss causec 
by poor equipment or poor management, the scaler will not take them int 
consideration. 

The loss may be caused by too thick slabbing, cutting material too thick o 
teo wide at the main saw, poorly “sized” lumber, excessive “crowding” by 
the sawyer, poorly kept saws which “run,” waste in topping and trimmin; 
through ignorance or carelessness, or sawing for a certain.class of materia 
regardless of the waste it involves. 


Measuring diameters. 


All diameters will be measured inside the bark at the top end of the log 
Diameters will be rounded off to the nearest inch above or below the actua 
diameter. ; 


Merchantable material ; 

In general a log containing sufficient sound material to saw out salablk 
lumber equal to onethird of its contents as given by the seale rule is termed 
merchantable. This will be varied in accordance with the character of the 
timber and local market conditions. 


Ties, 
Ties are sold by the piece, actually scaled or counted, and the number mul- 
tiplied by the average contents as the contract provides. The following ratios 
are used: 8-foot ties, standard face, 354 bourd feet each, or 30 ties to the 
thousand; 8-foot ties, second class, and 6-foot ties, standard face, 25 board feet 
each, or 40 ties to the thousand. ‘ 


Shakes and shingle bolts. 

Shake and shingle material is measured by the cord or by the thousand feet. 
board measure, acording to local custom. As a rule. a cord of shingle bolts 
is considered equal to 600 board feet. ‘ 
Lagging. 

Lagging is measured by the cord or linear foot or by the piece, or where 
split lagging is used by the board foot, each cubic foot counting as 12 board 
feet. 


Poles, posts, ete. 


Poles, posts, piles, and stuils are sealed and sold by the linear feot or by the 
piece, as circumstances warrant. 


TIMBER SALES, TIMBER SETTLEMENT, FREE USE. 23 


STAMPING LOGS AND OTHER MATERIAL, 


After scaling, each merchantable log will be stamped ‘ US” on at least one 
end; each stick of timber, tie, post, pole, and pile is stamped on at least one 
end. Cordwood is stamped at both top and bottom of each pile. 


: 


Scribner Decimal “C” Log Rule. 


FOR LOGS UP TO AND INCLUDING 32 FEET IN LENGTH. 
[ Contents of logs.] 


Length (feet )— 


Diameter in 
inches. 


jeet. | feet. | feet. | feet. | feet. | feet. | feet. | feet. | fee. sae ie ee fees ee. 
3 ¢ 


DoS 352 Sse 0.5) 0.5 1 1 1 2 2 3 
Maier ser ee 0.5 1 1 2 2 3 3 3 4 4 4 5 5 6 
Bee ea 1 1 2 2 2 3 3 3 4 4 5 6 6 u 
ESSE =F r5see 1 2 3 3 3 4 4 4 5 6 6 7 8 9 
Le See 2 3 3 3 4 6 6 7 8 9 9 10 11 12 
re ase ecco 2 3 4 4 5 7 8 8 9 10 11 12 13 14 
IV ee 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 
Lee Sachs 4 5 6 7 8 10 11 12 i3 15 16 17 18 19 
Leela Saas 4 6 a 9 10 bi 3 14 16 17 19 20 21 23 
OS eee 5 7 9 il 12 14 16 18 20 21 23 25 27 28 
6 8 10 12 14 16 18 20 22 24 25 28 30 32 
ih 9 12 14 16 18 21 23 25 28 30 32 35 37 
8 i 13 16 19 21 24 27 29 32 35 37 40 43 
9 12 15 18 21 24 27 30 33 36 39 42 45 48 
11 i4 17 21 24 28 31 35 38 42 45 49 52 56 
12 15 19 23 27 30 34 38 42 46 49 53 57 61 
13 17 21 25 29 33 38 42 46 50 54 58 63 67 
14 19 23 28 33 38 42 47 52 57 61 66 71 75 
15 21 25 30 35 40 45 50 55 61 66 71 76 81 
17 23 29 34 40 46 52 87 63 69 75 80 86 92 
19 25 31 37 4 50 56 62 69 75 82 88 94 100 
21 27 54 41 48 55 62 68 75 82 89 96 | 103 110 
22 29 36 44 51 58 65 73 80 87 95 | 102] 109 116 
23 31; 38 46 53 61 68 76 84 91 99} 167] 114 122 
25 33 | 41 49 57 66 74 82 90 99} 107 | 115] 123 131 
27 36 | 44 53 62 71 80 89 98} 106] 115) 124] 133 142 
28 37 46 55 64 74 83 92; 101) 110] 120; 129] 138 147 
29 39 | 49 59 69 78 88 98} 108) 118] 127] le7| 147 | 157 
30 4 50 60 70 80 90} 100; 110) 120) 1380! 140] 150 160 
33 44 55 66 77 88 98} 109} 120} 131] 142) 153) 164 175 
35 46 58 69 81 92) 104] 115] 127) 1388) 150} 1617] 173 185 
39 at 64 77 90} 103 | 116; 129) 142; 154] 167] 180] 193 206 
40 54 67 80 931 107} 120) 183] 147; 160] 174] 187) 200 214 
42 56 70 84 98} 112] 126] 140; 154] 168] 182) 196] 210 224 
45 60 75 $0 | 105} 120} 135] 150] 166] 181] 196} 211] 226 241 
ola ee 48 64 79 95} 111} 127] 143] 159] 1754 191} 207) 223] 238 254 
Co 50 67 84] 101} 117} 134) 151} 168); 185} 201} 218] 2385] 252 269 
SS eee 52 70 87 | 105} 122] 140] 157] 174] 192} 209] 227] 244] 262 279 
ooh Ce 56 74 93} 111) 129] 148] 166] 185] 204] 222] 241 | 259] 278 296 
Selenite. =»: 57 76 95} 114) 133] 152{ 171] 190] 209] 228} 247] 266] 286 304 
See a 59 79 99 | 119} 139) .159.| 178) 198} 218 | 288] 258} 278] 297 317 
2 3 ae 62 83 | 104] 124] 145] 166] 186] 207] 228] 248] 269] 290] 310 331 
Eee eerie io < « 65 86; 108; 1380] 151] 173} 194] 216] 238] 260] 281| 302] 324 346 
ae Becreere S oe 67 90° 112 | 135} 157] 180} 202] 225) 247] 270] 292] 314] 337 359 
EUS ee Beene 70 94) 117; 140] 164] 187] 211] 234] 257] 281] 304] 328] 351 374 
i Na aS eae 73 97 | 122; 146) 170] 195} 219] 243] 268} 292| 315] 341] 365 389 


ied eases: 76) 101} 127 152 | 177] 202] 228] 253] 278{ 304] 329} 354) 380 405 


PAYMENTS FOR TIMBER, 


Payment must be made for all timber in advance of cutting. (Reg. S—5, 
p. 26.) This, however, does not imply that one advance payment must be made 
coyering the stumpage value of all the timber inciuded in the sale. Frequent 


94 THE USE BOOK, x 


installments are allowed, sufficient usually to cover the cut of one or tw 
months. (Reg. S-6.) As soon as one installment is exhausted the purchaser i 
requested to make another. 

This arrangement makes it possible to secure large tracts of National Fores 
timber at a very slight initial outlay and to hold them with almost no interes 
charges. The other usual carrying charges, taxes, and fire protection ar 
eliminated. The timber is protected from fire by the United States throughou 
the life of the contract. 

Requests for postponements of payments can not be considered. In sales o 
$100 or less the full amount will as a rule be required in one payment i) 
advance of cutting. 

Money deposited to cover cost of advertisement or to secure advance cuttin; 
may be credited toward the amount to accompany bid. 


REFUNDS. 


Deposits to cover cost of advertising and to accompany bids apply on th: 
first payment if a sale is awarded to the depositor; otherwise they will b: 
refunded. If, however, an examination is made and timber advertised as ; 
result of an application and the applicant fails to complete the purchase, : 
sum sufficient to cover the cost of making the examination and advertising th: 
timber may be retained, at the discretion of the officer approving the sale 
(Reg. S-4.) Refunds to bidders will be made in Class C sales on voucher: 
prepared by the supervisor and in Class D sales on vouchers prepared by th: 
district forester. 

If a purchaser who has deposited money in a timber sale afterwards violate: 
any of the terms of his contract, an amount sufficient to cover damages causec 
to the United States may be withheld from the refund otherwise due him. 

Purchasers who have complied with the terms of their contract and hays 
ent all the designated timber from the sale area are entitled to the refund o 
any balance they may have on deposit. (Reg. S—5.) When a contract is can 
celed by mutual agreement a refund of the amount not due the United State: 
may be made, provided the terms of the contract have been complied with 
Generally speaking, all money not due the Government on any transaction wil 
be refunded unless the purchaser has willfully neglected to remove his timbe 
within the time specified, or has been negligent in carrying out the terms of 
the contract. Refunds of $1 or less will not be made unless the purchase: 
definitely requests it. Refunds can be made only to the original depositor o1 
his executor or administrator, and in the latter case an exemplified copy of 
letters testamentary or of administration must accompany the youcher. The 
original will be executed by the depositor or his legal representative. 


DETERMINATION OF STUMPAGE RATES. 


The minimum stumpage rates applicable in each proposed sale are determined 
by a careful study of the conditions in the particular case. A careful estimate 
of the cost of operation is first made. This includes the cost of brush disposal, 
cutting ‘snags, and other special requirements of Forest Service contracts. If 
not already at hand, the average selling price of the manufactured material is 
ascertained for the locality in which the product will be marketed. A dedue- 
tion is then made to assure the purchaser a profit at a reasonable rate upon 
his investment. The rate of profit will vary with the degree of risk involved. 
The stumpage rate for each species is then determined by deducting the cost 
of operation and the profit from the average sale price. 


PERIOD OF CUTTING, 


Ordinarily the cutting period allowed in each sale will be only sufficient to 
permit the removal of the timber at a reasonable rate, approximately equivalent 
to the working capacity of the plant. Sales of accessible timber usually do not 
exceed five years in length. However, in the case of inaccessible tracts requir- 
ing a large investment for transportation facilities an exception may be made 
and longer cutting periods granted. (Reg. S—13.) 


READJUSTMENTS OF STUMPAGE RATES BY PERIODS. 


In all sales exceeding five years in length provision will be made to have 
the stumpage rates readjusted by the Forester at the end of three or five year 


TIMBER SALES, TIMBER SETTLEMENT, FREE USE. 25 


intervals... The readjusted prices will be based upon increases in the average 
selling price of the lumber. A certain percentage of the increase in the average 
selling price during the two years preceding each readjustment will be added 
to the initial rates by the Forester, fixing the price for the next three or five 
years. This proportion is always specified in the contract and is intended to 
allow the purchaser a sufficient part in the increase in selling price to cover 
any possible increase in the cost of production. The readjustment provision 
will be varied in specific cases to make the contract equable for the purchaser 
under actual conditions as to amount of investment, estimated profits, risk, ete. 

Contracts may be modified to prevent unnecessary hardships to purchasers, 
when such modification will not cause damage or loss to the United States. 
No Forest officer can modify a contract verbally. (Reg. S-7.) 


ADMINISTRATION OF SALES BY FOREST SERVICE. 


The chief objects of timber-sale administration are to obtain complete utiliza- 
tion and to jJeave the sale area in the best possible forest condition at a minimum 
cost to the Service. Operations must conform to reasonable requirements in 
the interest of economical administration. Sealing or measuring timber must 
be made possible without unnecessarily frequent visits by a Forest officer. 
Cutting will be required in amounts to permit this principle to be applied. 


CANCELLATION OF CONTRACTS, 


Contracts may be canceled by mutual agreement when for valid business 
reasons the purchaser becomes unable or unwilling to continue operations, 
provided no loss or damage to the interests of the United States will result 
from such cancellation. 

Enforced cancelation may take place on account of serious violation of the 
terms of the contract by the purchaser. This action is taken only by the 
superior of the officer who approved the contract. and after the purchaser has 
been given a reasonable time to show cause. in writing, why the contract should 
not be canceled. 


% MONOPOLY, 


Should any question of monopoly through the possible control of large quan- 
tities of National Forest timber by affiliated operators arise, a certified state- 
ment of the relation of the applicant or operator to other purchasers of National 
Forest timber may be required. A certified statement of the membership of 
firms and lists of stockholders in corporations may similarly be required. ‘um- 
ber companies already holding large amounts of timber on private lands may be 
refused sales if there are any other purchasers, and companies having one sale 
may be refused others until the first has been cut. 


TIMBER SALE REGULATIONS. 
Appraisal of timber. 


REGULATION S-1. No timber shall be designated for cutting, by stamping or 
otherwise, until the officer approving the sale is satisfied that the eutting will 
preserve the living and growing timber. promote the younger growth, and be 
compatible with the utilization of the Forest. Upon application for the purchase 
of any timber or in any cases where timber is to be advertised in advance of 
application such timber shall be examined and appraised, and the area from 
which the timber is to be cut shall be described by legal subdivisions or other- 
wise. The officer making the field examination shall report the quantity and 
value of the various kinds of timber involved, and shall base his appraisal 
upon the character of the timber, the cost of logging, transportation, and manu- 
facture, and the sale value of the manufactured products at practicable markets. 
(Issued October 31, 1911, to take effect December 1, 1911.) 


Authority to make sales, 


REGULATION S-3. The Forester is authorized to make timber sales for any 
amount on any National Forest, provided the limit fixed by the Secretary for 
any Forest is not exceeded by the year’s cut, under sales and free use on such 
Forest; and to delegate this authority for any specified amounts to the district 
foresters, but in no instance to exceed 20,000.000 feet board measure. The 


26 THE USE BOOK, 


district forester may in turn delegate authority to supervisors to make sa 
for specified amounts, which in no instance shall exceed 2,000,000 feet bos 
measure. Ali supervisors may, without special authorization, make sales 
timber and cordwood in amounts not exceeding $100 in value in any one sa 
The supervisor may authorize subordinate Forest officers to make sales 
timber and cordwoed in amounts not exceeding $50 in value in any one «sa 
(Issued October 31, 1911, to take effect December 1, 1911.) 


Deposits. 


REGULATION S-4. The supervisor may, in his discretion, require that a « 
posit be made with the proper United States depository before any timl 
applied for is examined. In every case where a supervisor decides to recomme 
a sale of timber, for which advertisement is required by law, he will notify t 
applicant to forward to the proper United States depository such part of t 
purchase price as will be sufficient to cover the cost of advertising; su 
ceposit to be applied to the purchase price in case the sale is made to ¢ 
depositor; to be refunded in case the sale is made to some one other than ¢ 
depositor; to be retained in the discretion of the officer approving the sale, 
through fault of the depositer, no sale of timber is made. (Issued October : 
1911, to take effect December 1, 1911.) 


Payments and refunds. 


REGULATION 8-5. No timber shall be cut under any timber-sale contract un 
it has been paid for. Refunds may, in the discretion of the Forester or distr: 
forester, be made to depositors of such sums deposited by them to secure t 
purchase price of forest products as may be found to be in excess of the amour 
actually due the United States. Refunds or payments may also be made to t 
rightful claimants of such sums as may be found to have been erroneous 
collected for timber or other forest products sold from lands within, but not 
part of, a National Forest. (Issued October 31, 1911, to take effect Decemb 
ales ke hb bey" 


Instaliment payments. 


REGULATION S-6. In any sale the timber may be paid for in one or mo 
payments as agreed. In sales of $100 or less the partial payments must n 
exceed three. (Issued October 31, 1911, to take effect December 1, 1911.) 


Modification of contracts. 


REGULATION S~-?7. Modifications of contracts for the sale of timber will n 
be allowed except in those cases where the full performance of the contract | 
the purchaser is rendered inequitable and unjust by some act of the Unit 
States, or except where the modification is sought in respect to the unexecut« 
portion of the contract and such modification would not be prejudicial to ti 
interests of the United States. Modifications; where proper, within the mea» 
ing of this regulation, may be made by the officer aproving the sale, or by h 
superior officer. (Issued October 31, 1911, to take effect December 1, 1911.) 


Advance cutting. 


REGULATION S-8. Except in sales to homestead settlers and farmers und« 
the terms of Regulation S—9, no timber will be sold, other than in amounts n: 
exceeding $100 stumpage value, in advance of advertisement, except im cases « 
unusual emergency. All applications for emergency sales of timber will be su! 
mitted to the Secretary of Agriculture for approval, with a statement settin 
forth the reasons for the emergency. When application is made for timber i 
meet an unusual emergency the Forest officer authorized to make sale wil 
when practicable and proper, include in the advertisement of such timber 
sufficient quantity of other timber in the came locality and of the same class ¢ 
satisfy such other bids as may be reasonably anticipated. After approval b 
the Secretary, the Forest officer may, in sales not exceeding the amount whic 
such officer is authorized to approve, permit the cutting and removal of timbe 
in advance of the award, when the applicant has made a deposit covering th 
value of the timber to be cut and removed, and has agreed to pay for all timbe 
actually cut under the privilege of advance cutting at the rate of the highes 
price bid for the whole amount of timber advertised, or, if no bids are receivec 
at the rate named in the advertisement. When necessary to protect the Gov 
ernment against loss a bond will be required. (Issued October 31, 1911, to tak 
effect December 1, 1911; as amended December 5, 1912, to take effect Januar: 
2, 1913.) 


TIMBER SALES, TIMBER SETTLEMENT, FREE USE. =f ( 


Private sale of timber. 


REGULATION S-9. After any timber has been advertised and no satisfactory 
bid has been received, or if the bidder fails to complete the purchase, Forest 
officers may, within their authorization, dispose of it at private sale in quan- 
tities te suit purchasers without further advertisement, at prices not lower than 
those named in the advertisement. 

Timber may also be disposed of at private sale without advertisement where 
the stumpage value of the timber does not exceed $100. 

Mature dead and down timber which may be cut without injury to the 
Forest will, upon application, be sold withont advertisement in any desired 
amount to homestead settlers and farmers at the actual cost of making and 
administering such sales. Material will be cut under this regulation only for 
the domestic use of the purchaser upon his homestead or farm. The disposal 
of any part ef such material for a money or other consideration, or in exchange 
for labor, services, or commodities furnished the purchaser in connection with 
its cutting, removal, or manufacture, is prohibited. If any of the foregoing 
requirements are violated, the sale will be terminated and the purehaser re- 
quired to pay ior all material cut at the maximum current rate fixed by the 
Seeretary of Agriculture for such material on the Forest concerned. 

On June i of each year the Secretary of Agriculture will determine upon data 
and information furnished by the Forester, the cost per thousand feet, board 
measure or other unit, of making and administering such sales in each National 
Forest region where similar conditiens exist, which amount will be uniformiy 
applied on all Forests in the region during the ensuing fiscal year as the stump- 
age price in sales to homestead settlers and farmers under this regulation. 
{Issued Octeber 31, 1911, to take effect December 1, 1911; as amended December 
5, 1912, to take effect January 2, 1913.) 


Prevention of monopoly. 

REGULATION §-10. In awarding advertised timber of a value exceeding 
$5,000, allotments at the highest price offered may be made to several bidders 
to prevent monepcly. 

Before appreving an application or aceepting a bid, a statement of the rela- 
tion of the applicant or bidder to other persons, firms, or corporations holding 
permits or agreements for the use of National Forest resources may be re- 
quired in the discretion of the approving officer. Firms or corporations may be 
required to furnish a certified statement of their members or stockholders. 
(Issued October 31, 1911, to take effect December 1, 1911; as amended Juiy 
16, 1912.) 4 


Exportation of timber. 


REGULATION §-11. Timber cut from any National Forest may be exported 
from the State or Territory in which the National Forest is situated. Timber 
cut from any Nationai Forest in Alaska may be exported therefrom and sold 
anywhere upon certification by the supervisor that the timber has been pur- 
chased and cut from a National Forest in Alaska. (issued October 3, 1911. to 
take effect December 1, 1911; as amended March 28, 1913, to take effect April 
4, 1913.) 


Conditions of sale. 


REGULATION S-12. No trees on National Forest lands, or from any unpat- 
ented claim within National Forests, shall be cut, or otherwise killed, injured, 
or destroyed, except under permit or where allowed by law in the deveiop- 
ment of the claim. 

Wo trees on any unpatented claim within National Forests shali be cut under 
permit until the written censent of the claimant has been filed with the Forest 
supervisor, except in emergencies arising from insect infestation. 

No live trees shall be cut under any contract until marked or otherwise 
designated by a Forest officer. 

No timber cut under any contract shail be removed from the place selected 
for scaling, measuring, or counting until it has been scaled, measured, or 
counted and stamped by a Forest officer. 

No person except a Forest officer shall stamp any timber belonging toe the 
United States upon a National Forest with the regulation marking ax or with 
any instrument having a similar design. 


28 THE USE BOOK. 


All saw timber will be scaled by Scribner Decimal C log rule, as used by the 
Forest Service. (Issued October 31, 1911, to take effect December 1, 1911.) 


Time limits. 


REGULATION S-13. The period allowed for the removal of timber, which in 
no instance shall exceed five years, except in special cases, upon specific ap- 
proval by the Secretary, will be fixed in the agreement; and in sales in which 
a period of two or more years is allowed for the removal of the timber, the 
Minimum amount to be removed each year must be specified, except in un- 
usual cases. The Secretary may, in his discretion, when circumstances warrant, 
extend the time beyond a period of five years, but such extension will be 
granted only to prevent hardship in cases where the failure to remove the 
timber within the five-year period is due to circumstances over which the pur- 
chaser had no control. (Issued October 31, 1911, to take effect December 
Tn tOL.) 


Bonds. 


REGULATION S-14. The officer approving any timber-sale contract may 
require the purchaser to furnish a bond for the satisfactory completion of the 
eontract. In all sales exceeding 10,000,000 feet and in smaller sales, when 
necessary in the judgment of the approving officer, the successful bidder will 
be required to submit, before the timber is awarded to him, a statement satis- 
factory to the approving officer of financial ability to conduct the operation and 
fulfill all of the obligations to be assumed under the sale contract. Such a 
statement may be required, in the discretion of the approving officer, before 
the approval. of a sale application or before any steps are taken to examine 
areas tentatively applied for. (Issued October 31, 1911, to take effect Decem- 
ber 1, 1911; as amended July 16, 1912.) 


Appeals. 


REGULATION S-15. The disapproval of an application for the purchase of 
timber or for the modification of an existing contract by the officer authorized 
to approve such application shall be considered final, unless written notice 
of appeal to the next superior officer, district forester, Forester, or the Sec- 
retary. as the case may be, is filed with the officer disapproving such applica- 
tion within 30 days from the receipt of his decision. All appeals arising from 
the enforcement or execution of the provisions of a timber-sale contract shall 
be made in the first instance te the Forest supervisor. His decision thereon 
shall be considered final unless written notice of appea! to the district forester 
is filed with the supervisor within 15 days from the receipt of his decision. 
Appeals from the decisions of the district forester to the Forester or from the 
decisions of the Forester to the Secretary may be made by filing written 
notice with the officer from whose decision appeal is taken within 15 days from 
the receipt of such decision. (Issued October 31, 1911, to take effect Decem- 
ber 1, 1911.) 


Use of steam engines or locomotives. 


REGULATION S-16. The use of steam engines or locomotives in operation 
on National Forest lands under any timber-sale contract or under any permit 
is prohibited, unless they are equipped with such spark-arresters as shall be 
approved by the Forest supervisor, or unless oil is used exclusively for fuel. 
(Issued October 31, 1911, to take effect December 1, 1911.) 


TURPENTINE SALES. 


REGULATION S-16a. So far as applicable the regulations governing timber 
sales will apply in turpentine sales except as follows: District foresters are 
authorized to make sales in amounts not exceeding 200,000 cups, and to delegate 
this authority to supervisors for specific amounts not exceeding 40,000 cups. 
Cupping in advance of advertisement will not be allowed. (Issued December 
3, 1912.) i 

ADMINISTRATIVE USE OF TIMBER. 


REGULATION S-17. The Forester and the district foresters within the amount 
which they are authorized to sell may remove and sell, or dispose of, under free- 
use permit or otherwise, as shall be most advantageous to the United States, 
any timber upon the National Forests when such removal is actually necessary 


TIMBER SALES, TIMBER SETTLEMENT, FREE USE. 29 


to protect the Forest from ravages or destruction, or when the use or removal 
of timber is necessary in the construction of roads, trails, cabins, and other 
improvements on the National Forests or in experiments conducted by the 
Forest Service. The authority conferred by this regulation may be delegated 
by district foresters to Forest supervisors. (Issued October 31, 1911, to take 
effect December 1, 1911.) 


TIMBER SETTLEMENT. 


REGULATION S-i8. When timber on National Forest land is cut, damaged, 
killed, or destroyed in connection with the enjoyment of a right of way or 
other special use, it shall not be necessary to advertise it for sale, but payment 
therefor may be required at such rate or rates as may be frxed by the officer 
authorized under the timber-sale regulations to sell the amount of timber 
involved, but in no case for less than the minimum or for more than the maxi- 
mum price established by the Secretary of Agriculture, unless the authority of 
the Secretary is secured. When, however, a right of way or other special use is 
granted within a National Forest in Alaska, the supervisor may, without charge, 
allow the cutting of timber when this is necessary for the proper enjoyment of 
the special use. (Issued October 31, 1911, to take effect December 1, 1911.) 


PAYMENT ON BASIS OF ESTIMATE OR SCALE, 


Where the timber will be killed or destroyed, or where it will not be worked 
into measurable form, or where the cutting is done in such a way that scaling 
is impracticable, settlement may be required on the basis of estimate. In all 
eases where the timber can be scaled, measured, or counted it will be paid for 
according to the scale, measure, or count, as in a timber sale, and the procedure 
will be identical. 

A charge based on the current stumpage rates for timber of like quality and 
accessibility included in sates will be made for all classes of material which 
have to be cut or destroyed and which are commonly salable upon the forest. A 
eharge will not be made for material which is not ordinarily salable on the for- 
est or, as a rule, for reproduction. 


PAYMENT FOR TIMBER ON CLAIMS. 


When a right of way, permitted under an act of Congress, crosses an unpat- 
ented agricultural or mining claim, whether the claim antedates the right of 
way or not, and whether the claim is apparently held in good faith or not, if 
timber is cut and removed in clearing the right of way, payment will be made to 
the United States, except where the removal of the timber is necessary for the 
purpose of clearing the land in good faith for cultivation or for development, or 
when at the time of cutting the timber is actually needed by the claimant for 
use in making improvements on the land embraced in his entry or location. If 
any claimant should need timber for the purpose above specified and shouid be 
unable to obtain it upon his claim, he will be allowed to take timber under free- 
use permit from lands of the United States for this purpose up to the amount 
cut from the claim for which the United States has received payment. 


FREE USE OF TIMBER AND STONE. 
TO WHOM GRANTED. 


To assist prospectors in their work and to encourage and assist settlers who 
have not on their own land or claims, or on lands controlled by them, a suffi- 
cient and accessible supply of timber suitable for firewood, fencing, building, 
mining, and other domestic purposes, the law gives the Secretary of Agricu'ture 
authority to allow the free use of timber and stone on National Forests. 


REGULATION S-19. The Secretary of Agriculture will determine for each 
fiscal year, upon data to be furnished by the Forester, the maximum amount of 
timber to be cut under free use on each Forest, which amount shall form a part 
of the total maximum cut for the Forest. The Forester may grant free-use 
permits for timber not exceeding $500 in value, and may delegate this authority 
to subordinate officers. Permits for timber in excess of $100 in value, except 
in cases of unusual emergency, will be granted only for public purposes. Super- 


30 THE USE BOOK, 


visors, unless otherwise authorized, may not grant permits for material exceed- 
ing $100 in value. All Forest officers whom the supervisor may designate are 
authorized to grant free-use permits up to $20 in value. The Forester is also 
authorized to grant free use of stone and to delegate this authority to subordi- 
nate officers, All appiications for free use of timber of value above $500 will 
be submitted to the Secretary of Agriculture for approval. (issued October 31, 
1911, to take effect December 1, 1911.) 


REGULATION S-20. Free-use permits may be granted to bona fide settlers, 
miners, residents, and prospectors for minerals, who may not reasonably be 
required to purchase, and who have not on their own lands or claims, or on 
lands controlled by them, a sufficient or practically accessible supply of material 
suitable for the purposes named in the law. They may also be granted to 
school and road districts, churches, or noncommercial cooperative organizations 
of settlers desiring to construct roads, ditches, reservoirs, or other similar im- 
provements for mutual or public benefit. Free use may be granted for the 
construction of telephone lines when necessary for the protection of the 
Natienal Forests from fire. Free use may be granted to other branches of the 
Federal Government. Free use may be granted for consumption outside the 
State in which the National Forest is located. (Issued October 31, 1911, to take 
effect December 1, 1911; as amended March 28, 1913, to take effect April 1, 1913.) 


Whether an applicant is entitled to free use must be decided by the proper 
Forest officer. In all cases not clearly covered by the letter of the law and the 
regulations he will be guided by their spirit, especially as indicated by the 
expression “those who may not reasonably be expected to purchase” and by 
the distinction between public or personal and commercial use. A member of 
& corporation is not necessarily debarred from free usé of fuel for his own 
home, though his ability to secure it from another source will be considered, 
especially if the Forest supply is limited and in demand by more needy appli- 
cants. Residents of towns and villages engaged in business or earning a liveli- 
hood are expected to purchase timber for their town buildings and other home 
structures, and, except in smallj villages, fuel also. Settlers, particularly those 
under the Forest homestead act, who have not yet improved their daims may 
receive a liberal allowance for their own use. There is no more reason for 
giving a hotel keeper or merchant timber solely to build or warm his hotel or 
store than to give him a stock of goods, yet it need not be refused the proprietor 
of a small establishment when it will be used chiefly by himself and his family. 
Prospectors may be assisted in developing their properties, but owners of pro- 
ducing mines and those who are able to employ several or many men on wages 
will be required to pay. Well-to-do stockmen and owners of large ranches may 
reasonably be expected to purchase. 

Free use of timber may be allowed in connection with other uses of the 
National Forests, regardless of the ability of the permittee to purchase, if the 
timber will be used in improvements of essentially public benefit, or if the 
stumpage value of the material used is less than the yalue of these improve- 
ments for protective or administrative purposes, considering both the actual 
use of the improvement and the increased value of the Forest through better 
regulation. ; 

Cooperative associations of settlers may be granted free use of timber needed 
in the construction of roads, schools, and other structures of public benefit, 
and irrigation works or structures of any kind required for the development of 
unperfected claims or unimproved ranches which do not yet furnish an ample 
livelihood for their owners. Such associations will be required to purchase 
timber necessary for the construction of irrigation works and other struc- 
tures any portion of which will be used commercially, as in the sale of water; 
and irrigation works or other structures designed to further enhance the value 
of improved ranches which now furnish an ample livelihood for their owners. 
Free-use timber may be obtained for the construction of telephone lines where 
necessary to protect the National Forests from fire. 


REGULATION S—21. Free use of material to be used in any business will be 
refused, as, for example, to sawmill proprietors, owners of large establishments, 
or commercial enterprises, companies. and corporations. {Issued October 31, 
1911, to take effect December 1, 1911) 


Free use may be refused, in the discretion of the supervisor, to permittees 
who repeatedly violate the provisions of their permits and interfere with the 


TIMBER SALES, TIMBER SETTLEMENT, FREE USE. 31 


efficiency of the free-use administration. Free use may reasonably be refused 
where the final cost to the permittees is as great as if the material were pur- 
chased, whether or not agents are employed to obtain the material. Free use 
of timber from alleged invalid claims may be granted for fuel when pending 
the final determination of title to the claims. 


AMOUNT OF MATERIAL GRANTED IN ONE YEAR, 


REGULATION S-22. The aggregate amount of material granted under permit 
in one year will not exceed $20 in value except in cases of great and unusual 
need, or in the case of dead timber where the supply is ample and the removal 
of the restriction as to amount may be advisable for administrative reasons, 
or in the case of school and road districts, churches, and noncomimercia! co- 
operative organizations of settlers, when the supervisor may, in his discretion, 
extend the amount to any value not exceeding $100, or the value named in his 
authorization from the district forester. If the permittee fails te remove tim- 
ber within the time allowed, the Forest cfficer may grant the timber to another 
applicant. The time allowed in permits may be extended by the officer issuing 
them. (Issued October 31, 1911, to take effect December 1, 1911; as amended 
March 28, 1913, to take effect April 1, 1913.) 


KIND OF MATERIAL TAKEN. 


REGULATION 8-23. Green saw timber will not be granted to any applicant 
who does not do his own logging, unless he is physicaily incapacitated. Ex- 
ceptions, however, may be made in unusual cases in the judgment of the super- 
visor. Ali free-use material may be sawed and ail except green timber may be 
cut for the permittees by an agent, but the work so done must not be paid for 
by a share of the material. On Forests where a limited supply or other condi- 
tions justify it, the free use of green timber of any class or of dead saw timber 
may be refused. (Issued October 31, 1911, to take effect December 1, 1911; as 
amended March 28, 1913, to take effect April 1, 1913.) 


The free-use privilege will be restricted as far as possible to diseased, defec- 
tive, dying, and dead and down timber. Green timber, however, may be ob- 
tained except as provided for in the regulation or in the supervisor’s instruc- 
tions, when it is necessary for the particular needs of the applicant. 

The duration of permits, which will not exceed the time necessary to remove 
the material, will be fixed by the issuing officer, but all permits must terminate 
on or before June 30 of each year. 


FREE USE WiTHOUT PERMIT. 


REGULATION §-24. Necessary cutting of timber in surveying for lawful 
projects may be done without permit. Unnecessary cutting is prohibited. The 
smali quantities of material actually needed by transients may be taken without 
a written permit. 

Supervisors may, with the approval of the district foresters, designate and 
post each fiscal year as temporary free-use areas portions of any National 
Forest containing dead timber, and during the fiscal year designated, bona fide 
settlers, miners, residents, and prospectors for minerals may cut and remove 
from within the limits of such areas, free of charge and without permit, under 
such rules as may be prescribed by Forest officers, any dead timber in quan- 
tities which they may need for their own use for firewood, fencing,. buildings, 
mining, prospecting, and other domestic purposes, but no timber may be taken 
under this regulation for sale to other persons or for commercial use. (Issued 
October 31, 1911, to take effect December 1, 1911; as amended March 28, 1913, 
to take effect April 1, 1913.) 


The small amount of material actually needed by transients may be taken, 
ang necessary cutting of timber in surveying for lawful projects may be done 
without a permit. No unnecessary cutting is permitted. Permits are not re- 
quired fer dead timber from areas designated and posted by Forest officers 
in accordance with the provision of Regulation S—24. In all other cases per- 
mits are required. 

FREE USE WITHOUT MEASUREMENT. 


REGULATION S-25. The district foresters may authorize supervisors to per- 
mit, on any Forest or part of a Forest, the removal of specific classes of material 


32 THE USE BOOK. 


without scaling or measurement by a Forest officer. Material may be cut in 
advance of obtaining a permit in cases of emergency or of great and immediate 
need. In every instance where a permit has not been obtained in advance under 
this regulation the person taking material shall promptly thereafter notify the 
Forest officer in charge of the district from which it is taken, of the date of 
removal, and of the amount, value, and class of material so taken. Upon receipt 
of such notification the Forest officer will issue the necessary permit. (Issued 
October 31, 1911, to take effect December 1, 1911; as amended March 28, 1913, 
to take effect April 1, 1913.) 


EMERGENCY USE, 


Material may be taken in advance of securing a permit in cases of emergency 
or great immediate need, but the amount taken with its location and time of 
removal, must be reported at once to the nearest Forest officer, who will issue 
a permit authorizing the cutting. 


SALE OF MATERIAL PROHIBITED. 


REGULATION S-26. Timber or other Forest products received under a free-use 
permit shall not be sold. (Issued October 31, 1911, to take effect December 
a tL.) 


VALUATION OF MATERIAL, 


The appraisement of free-use material will not be less than for sales in the 
same locality on the Forest from which the materia! is to be taken. 


MARKING FREE-USE MATERIAL. 


Forest officers designate the timber to be cut in the simplest and most eco- 
nomical way practicable. Living timber is marked in accordance with the 
principles outlined under timber sales. In the case of dead timber the area 
may be blazed, or defined by natural boundaries, and the class of trees to be 
taken specified. 


SPECIAL CONDITIONS FOR ALASKA. 


REGULATION S-27. Settlers, farmers, prospectors. fishermen, or similar per- 
sons residing within or adjacent to National Forests in Alaska, may take, 
without permit and free of charge, green or dry timber from the Forests, and 
driftwood, afloat or on the beaches, for their own personal use, but not for 
sale; provided, that the amount of material so taken shall not in any one year 
exceed 20,000 feet board measure, or 25 cords of wood; and provided further, 
that the persons enjoying this privilege will, on demand, forward to the super- 
visor a statement of the quantity of material so taken and a description of the 
location from which it was removed. (Issued October 31, 1911; to take effect 
December 1, 1911.) 


PART ITI—GRAZING. 
OBJECTS OF THE GRAZING REGULATIONS. 


The leading objects of the grazing regulations are: 

The protection and conservative use of all National Forest land adapted for 
grazing. 

The permanent good of the live-stock industry through proper care and 
improvement of the grazing lands. 

The protection of the settler and home builder against unfair competition in 
the use of the range. 


ANNUAL GRAZING AUTHORIZATIONS. 


REGULATION G—1. The Secretary of Agriculture will prescribe each year the 
number of stock to be allowed in each National Forest, and will authorize the 
approval of applications for permits during periods of one or more years, but 
revocable at any time within his discretion. The yearlong grazing fee to be 
charged for each class of stock will be determined by the Forester in accord- 
ance with Regulation G—9. Seasons less than yearlong will be established 
by the district forester, who will determine the fees to be charged for each 
short season in accordance with the established schedule and the provisions 
ef Regulation G—9. 

When notified of the establishment of grazing allowances and yearlong rates 
for any National Forest, the district forester will establish and fix the rates 
for all grazing periods less than yearlong and will transmit instructions te 
the supervisor, who will issue grazing permits in accordance therewith. Fifteen 
days may be added to the grazing period, in the discretion of the supervisor, 
without charge. (Issued April 25, 1913, to take effect May 1, 1913.) 


LONG TERM AUTHORIZATION. 


On Forests where all controversies have been settled and no material changes 
are likely to be made in ranges, grazing areas, or the number of stock allowed, 
the Secretary, upon petition by 25 per cent or more of the permittees using the 
National Forests, or upon the recommendations of a recognized advisory board 
representing that percentage of permittees, approved by the forest supervisor 
and the district forester, will authorize the acceptance of applications for 
periods of not more than five years. A term of five years having been estab- 
lished, applications received after the first year will be approved for the unex- 
pired portion of the five-year term, four, three, or two years, as the case may be. 
The permit will be issued annually, and the approval of the application for 
any part of the established term will only guarantee a renewal of permit from 
year to year during the period, in the event that grazing is authorized by the 
Secretary of Agriculture and there is no cancellation of the permit by the 
district forester. 

FIXING GRAZING PERIODS. 


Grazing periods will be established for each National Forest to meet the 
general needs of the people and to secure an economical use of the forage. Se 
far as possible without injury to the Forest, grazing is allowed at the times 
when each range can be used to best advantage by the local stock industry. 
It is inadvisable to hold stock on winter range or in feed lots after the range 
within a Forest is ready for use, but it is decidedly unwise to allow stock on 
Forest ranges before the feed has started or while the range is so wet that the 
stock will cause injury to forage and tree growth. The condition of the range 
rather than the desires of the applicants must determine the period. 


2268°—13—3 33 


34 THE USE BOOK. 


MONTHLY PERMITS. 


Where conditions warrant monthly permits will be authorized, but only for 
winter grazing. Despite the fact that they may be more convenient for the 
permittees, the general issuance of permits on a monthly basis is inadvisable. 
Its result would be a disregard of the pericds of use to which the ranges are 
naturally adapted, with consequent incomplete utilization, alternate under- 
stocking and overstocking, loss of range capacity, and loss of control. 


USE OF WINTER RANGES. 


Ranges will not be allotted. for use during the summer to the prejudice of 
settlers needing them for winter use. 


GRAZING DISTRICTS AND DIVISIONS. 


REGULATION G-2. The grazing of sheep and goats upon any portion of a 
Forest must not be allowed until authorized by the Forester. This authoriza- 
tion secured, the kind of steck to be grazed in each district open to grazing on 
the Forests will be determined by the district forester. Under his general in- 
structions National Forests, in which grazing is allowed, will be divided into 
districts by the supervisor, who will provide for the distribution of stock among 
the districts and make such range divisions among applieants for grazing 
permits as appear most equitable and for the best interests of the National 
Forest and its users. 

When required for the protection of camping places, lakes and streams, roads 
and trails, ete., or of areas which are to be reforested, the supervisor may 
exclude stock from specified areas for such period of time as is necessary. 
Stock will be excluded from areas where they will destroy young growth or 
will prevent reproduction. (Issued April 25, 1913, to take effect May 1, 1913.) 


BEST USE OF EACH CLASS OF RANGE. 


The ranges within the National Forests should be used by the kind of stock 
for which they are best adapted, except when this would not be consistent 
with the welfare of the local residents or the proper protection of the Forests. 
When an application is received for a kind of stock not previously allowed to 
graze upon a range the supervisor will determine, first. whether the change can 
be made without injury to the Forest or the flow of streams; second, to 
which class of stock the range is best adapted; and, third, whether the change 
will be detrimental to the interests of the people residing in the vicinity of the 
range. The change will be made by the district forester only when all three 
conditions are favorable and the Forester has authorized the use of the area 
by the kind of stock involved. 


ESTABLISHMENT OF DRIVEWAYS. 


Whenever it is necessary for stock to cross regularly any portion of a 
National Forest, and grazing upon the area of the kind of stock involved has 
been authorized by the Forester, the district forester will, if the circumstances 
warrant, establish a driveway and define the rights to be granted. 

Permits will be required for stock crossing the Forest on a regular driveway. 
If occasion demands, rangers may be detailed to accompany the stock and see 
that there is no delay or trespassing, 


EXCLUSION OF STOCK. 


FOREST PROTECTION. 


It is within the authority of the supervisor to close an area to all grazing, 
to reduce the number of stock allowed upon it, or to prohibit its use by certain 
classes of stock when the silvicultural needs of the Forest demand it. For 
instance, sheep may be excluded from a timber-sale area for a certain number 
of years after cutting; or, in a year of scarcity of mast, hogs may be excluded 
from the oak type. Where planting operations are being carried on it will 
usually be necessary to exclude all classes of stock. 


GRAZING. 35 


WATERSHED PROTECTION, 


The watersheds of streams supplying water for irrigation, municipal, or 
domestic purposes may be closed to the grazing of any or all kinds of domestic 
stock when necessary to prevent erosion and floods or diminution in water 
supply. 

PUBLIC CAMPING GROUNDS. 


The needs of the traveling public receive careful consideration, and in the 
division of the range adequate provision will be made for the pasturage of 
draft, saddle, and pack animals used by persons traveling through the National 
Forests on business or for recreation. Camping grounds required for the 
accommodation of the public may be closed to the grazing of permitted stock 
if such action is necessary. 


GAME REFUGES. 


Limited areas which are the natural breeding or feeding grounds of game 
animals or birds may be closed to the grazing of domestic live stock when 
necessary to protect the game from molestation or extinction. The boundaries 
of such areas will be plainly marked, and permittees using adjoining ranges 
are warned against trespassing on the closed area. 


ADVISORY BOARDS. 


REGULATION G-3. Whenever any live-stock association whose membership 
includes a majority of the owners of any class of live stock using a National 
Forest or portion thereof shall select a committee, an agreement on the part of 
which shall be binding upon the association, such committee, upon application 
to the district forester, may be recognized as an advisory board for the associa- 
tion, and shall then be entitled to receive notice of proposed action and have 
an opportunity to be heard by the local Forest officer in reference to increase 
or decrease in the number of stock to be allowed for any year, the division of 
the range between the different classes of stock of their owners, or the adoption 
of special rules to meet local conditions. 

Upon request from and with the approval of an officially recognized advisory 
board representing a majority of the permittees to be affected, the district 
forester may establish special rules to regulate the use and occupancy of the 
range and to prevent damage to the Forest iands, such rules to be binding upon 
and observed by all permittees grazing stock within the range involved. Such 
conditions as may be necessary may be imposed upon the handling of permitted 
stock, the employment of herders to confine the stock to the allotted ranges, 
the distribution of salt, the enforcement of State live-stock laws, and the con- 
struction of permanent improvements to protect the Forest or facilitate the 
handling of permitted stock. 

When an association represents only a minority of the owners of any kind of 
live stock but its members own 75 per cent of that kind of live stock using the 
range, upon petition of a sufficient number of the other owners to constitute a 
majority, its advisory board may be recognized by the district forester. 

Whenever 2 Staite live-stock association appoints an advisory board it may be 
recognized by the district forester and consulted with in regard to matters 
which affect the general administration of the National Forests within the 
entire State. 

Whenever a national live-stock association, representing the owners of any 
kind of stock, appoints an advisory board or committee representing the users 
of the National Forests in ali of the different States it will be recognized by 
the Secretary of Agriculture and the Forester, and consulted with annually 
regarding matters which concern the welfare of the stockmen using the Na- 
tional Forest ranges. (Issued April 25, 1913, to take effect May 1, 1913.) 


REASONS FOR COOPERATION. 


The primary purpose of all the regulations is to make the National Forests 
as useful as possible to the people, consistent with their protection and per- 
petuation. it is clearly impossible to meet the wishes of each individual user, 
but it may be entirely possible to meet the wishes of the majority, if made 
known through an organization. It is to secure from the people collectively 


36 THE USE BOOK. 


definite statements of their needs and wishes that the organization of stock 
associations is encouraged. 


RECOMMENDATIONS OF ADVISORY BOARDS. 


Matters submitted by advisory boards should be of general rather than indi- 
vidual or personal interest. It is not within the province of an advisory board 
ito determine whether a new applicant shall be admitted or a renewal of permit 
granted a purchaser. An individual case, however, may contain a principle in 
which a Jarge number of permittees are interested, in which event it may 
properly be taken up. 


SPECIAL RULES FOR HANDLING STOCK. 


Special rules designed to bring about economies of operation, larger natural 
increases, improved grades of live stock, ete., are not to be drafted or enforced 
except upon specific request of the majority of the permittees who will be 
affected. 

No rule will be established that is not designed to accomplish some specific 
result generally beneficial to the majority of the permittees or that is not 
Clearly within the limitations of the State or Federal statutes concerning live 
stock. 

Rules approved by the district forester will be binding upon all permittees, 
whether members of the association or not. 


REQUIREMENTS FOR RECOGNITION. 


Live-steck associations desiring to take advantage of Regulation G-3 must file 
an application with the supervisor, giving the names of all members, the 
name of the Forest in which its members are interested, and the names of the 
committeemen who are to act for the association. The advisory board must 
consist of not more than five members, who must be users of the National 
Forest, and a majority of the board must constitute a quorum. 

The application must be accompanied by a copy of the constitution and 
by-laws and a statement that the action of the board will be binding upon the 
association. These by-laws must provide that all persons who are’permitted to 
graze the kind of stock represented by the association will be eligible to mem- 
bership. The application of a minority association must also be accompanied 
by a petition signed by sufficient permittees to constitute a majority. 


PERMANENT IMPROVEMENTS UPON RANGE. 


REGULATION G-4. Live-stock associations which have received official rec- 
ognition from the Forest Service may be granted permits to construct, upon 
the ranges occupied by their members, corrals, drift and division fences, roads, 
trails, sources of water supply, and other forms of permanent improvement 
designed to protect the Forest lands or to facilitate the handling of permitted 
stock. In cases where the total cost of construction is met by the association, 
no part being contributed by the Government, the district forester may, in his 
discretion, stipulate and agree in the permit that during a period of 10 years 
following the construction of an improvement all permittees who are allowed 
to place stock upon the range controlled or benefited by the improvement will 
be required to pay into the treasury of the association an amount equal to 
their pro rata share of the cost of constructing the improvement, provided 
that the improvement has been and is being maintained in serviceable con- 
dition by the association. The initial pro rata charge will be determined by 
dividing the amount expended by the full number of stock which may be 
grazed upon the range controlled or directly benefited by the improvement, but 
a reduction of 10 per cent of the original amount, to cover benefit and de- 
preciation, will be made during each of the nine succeeding years, and after 
the tenth year the improvement will become the property of the Government. 
Stock which is exempted from permit by the regulations will not be subject 
to assessment under this rule. (Issued April 25, 1913. to take effect May 1, 


NECESSARY CHARACTER. 


Before approving a special-use permit. which provides for the payment of a 
pro rata share of the cost of construction by each permittee, the district for- 


GRAZING. : 37 


-ester will assure himself that the proposed improvement is actually necessary 
for the proper management of the stock, will be generally beneficial to the 
majority of the permittees, and will be substantially and ecenomically con- 
structed. 


DETERMINATION OF INITIAL PRO RATA CHARGE. 


Upon the completion of the improvement the association will submit an item- 
ized statement of the costs of construction, which will be checked and verified 
by the supervisor, who will withhold his approval from any expenditure which 
appears to be extravagant or unnecessary. 

The number of stock, exclusive of those exempt from permit, which may be 
zrazed upon the area described in the special-use agreement will be deter- 
mined by the supervisor. 

The approved total cost of construction will be divided by the total number of 
permitted stock to be grazed upon the range, which will give the proportionate 
cost per head of stock. ‘This will be the initial pro rata charge. A reduction 
of one-tenth of the initial charge will be made during each of the nine succeed- 
ing years, and after the tenth year the improvement will become the property 
of the Government. 


PRO RATA CHARGE UPON ADDITIONAL STOCK UNDER PERMIT. 


Permittees who are allowed to increase the number of stock under permit 
will be required to pay the prevailing pro rata charge npon all additional 
stock placed upon the range unless the stock are purchased from a permittee 
who has paid the pro rata charge and has signed an agreement waiving all 
elaims to preference in the use of the range. 


PRO RATA CHARGE PAID BY NEW OWNERS. 


When Class A owners are provided for by the reduction of permits of old 
users on areas which are fully occupied, the amount received for the pro rata 
charge of the new users may be used by the association, either for maintenance 
ef the improvements or for a proportionate refund to the permittees who have 
been reduced. 


TO WHOM PRO RATA CHARGE SHOULD BE PAID. 


Forest officers must not receive payments to cover the cost of permanent im- 
provements, maintain the permanent improvement accounts of an association, 
or assume official responsibility for the costs of constructing or maintaining an 
improvement. These are the functions of the association to which the special- 
use agreement has been issued. 


RANGE IMPROVEMENT UNDER SPECIAL-USE PERMITS, 


Drift fences, corrals, and stock tanks may be constructed, and pastures 
inclosed, on National Forest ranges under special-use permits, the details in 
regard to which are given on pages 69 and 70. 


PERMIT NECESSARY TO GRAZE STOCK. 


REGULATION G-5. All persons must secure permits before grazing any stock 
in a National Forest, except for the few head in actual use by prospectors, 
campers, and travelers, or saddle, pack, and work animals actually used in 
connection with permitted operations on the National Forests, and milch or 
work animals not exceeding a total of 10 head owned and in use by bona fide 
settlers residing in or near a National Forest, which requires no permit. (Issued 
April 25, 1913, to take effect May 1, 19138.) 


STOCK EXEMPT FROM PERMIT. 


No stock may be grazed without a permit, except milch or work animals 
which are in actual use. A settler owning only 10 head or less of stock which 
are neither milch nor work animals will be required to apply for permit and 
pay the grazing fees, while a settler owning any number of stock will be al- 
lowed to graze 10 head of milch or work animals without permit and free of 
charge. 

A saddle horse not in use and turned out to graze during any entire estab- 
lished season should be covered by permit. In cases where transportation com- 
panies are grazing large numbers of horses which are used in transporting 
travelers within National Forests, the stock must be covered by permit. 


88 THE USE BOOK. 


SPECIAL CONCESSIONS TO INDIANS, 


Special concessions may be made by the Secretary of Agriculture to Indians 
who are enrolied upon the records of the Office of Indian Affairs and who are 
dependent upon the National Forest ranges for the pasturage of their stock. 
Such concessions will not apply to intermarried white persons, except those 
who have been formally adopted by the tribe and enrolled upon the records of 
the Indian Office. 


ON-AND-OFF PERMITS. 


REGULATION G-6. Persons owning stock which regularly graze on ranges 
only partially included within a National Forest, or upon range which includes 
private land of unknown ownership, may be granted permits for such portions 
of their stock as the circumstances appear to justify, but may be required so 
to herd or handle their stock as to prevent trespassing by that portion for 
which a permit is not granted. (Issued April 25, 1913, to take effect May 
1, 1913.) 


This regulation is designed solely to provide for cases where only a part of a 
natural range unit is National Forest land, and where the economical use of the 
entire unit can be secured only by the utilization of the Forest land in connec- 
tion with the other land. The regulation contemplates a movement of the 
stock, governed by natural conditions, between the Forest range and the ad 
joining outside range, or between Forest land and intermingled private land, 
and the payment of grazing fees upon that portion of the stock which it is 
estimated will be grazed upon the Forest. Only under such conditions will an 
on-and-off permit be granted. 


CONTINUOUS OCCUPANCY DURING SHORT PERTODS. 


Where the use of the Forest land is confined to one continuous period during 
a part of an established grazing season, the issuance of an on-and-off permit 
covering a part of the stock would be equivalent to the establishment of a short 
grazing period by the supervisor, often at a rate below the minimum prescribed 
by the regulations, and therefore is not allowed. Where occupancy of Forest 
lands is continuous and not intermittent. the district forester, if he considers 
such action advisable, will establish short grazing periods, payment to be re- 
quired for the full number of stock grazed upon Forest land. 


ON-AND-OFF PRIVATE LANDS. 


Sometimes the ownership of private land within a National Forest is un- 
known, or the owner does not object to its use without compensation or lease. _ 
Frequently a permittee owns or leases private lands comprising more than 50 
per cent of his range allotment. In such cases permits may be issued for the 
adjoining range under the provisions of Regulation G—6, and the grazing fees 
paid only on the stock which will be grazed upon National Forest land, but the 
permittees must agree to remove all stock in excess of the number covered by 
the grazing permit, if deprived of the use of the private lands by the owners or 
lessees thereof. 


PRIVATE GRAZING LANDS WITHIN NATIONAL FORESTS. 


REGULATION G—7. Persons who own, or who have leased from the owners, 
unfenced lands within any National Forest, which are so situated and of such 
character that they may be used by other permitted stock to an extent render- 
ing the exchange advantageons to the Government, may secure permits allowing 
them to graze upon National Forest land, free of charge, the number of stock 
which the private lands will support, by waiving the right to the exclusive use 
of the private land and allowing it to remain open to other stock grazed on 
National Forest land under permit. 

The application must be accompanied by a personal certificate of title show- 
ing the description and ownership of the land, and, if leased from an owner, a 


GRAZING. 39 


copy of the lease, and must state the number and kind of stock permit is desired 
for, the range which it is desired to occupy, and the period during which the 
stock will remain upon the Forest. Permits will be subject to the same re- 
sirictions regarding the use of the range as permits issued under other regula- 
tions. (Issued April 25, 1913, to take effect May 1, 1913.) 


The privilege of grazing sheep and geats upon National Ferest lands, under 
Regulation G—T, will be allowed only upon such ranges as are open to this 
kind of stock. 

Where more than one-half of the land comprising the range allotment is con- 
trolled by the applicant, ordinarily an en-and-off permit may be issued. The 
waiver of exclusive use of unfenced private land is not required unless the 
interests of the Government especially demand it. 


ALLOWANCES FOR PRIVATE LANDS. 


The following rules will govern grazing allowances on account of private 
land within National Ferests the exclusive use of which has been waived. 

Bona fide settiers who have made homestead entry, but have not yet made 
final preef, may be allowed free permits for grazing upon National Forest lands 
the number ef animals their land will support. 

Persons who have filed upon land within the National Forests under laws not 
requiring residence may be allowed free permits for grazing upon National 
Forests the number of stock their lands will support, after they have made final 
payment for the land. 

Owners or lessees of Indian allotments may be allowed permits for grazing 
upon Nationz! Forests the number of animals the land will support, provided 
that patent has issued or a lease has been executed upon the blanks of the In- 
dian Office and approved by the Commissioner of Indian Affairs. 

Persons holding unpatented mining claims within a National Forest have the 
right to the grass or other forage upon such claim needed for stock used in 
connection with the development of the claims, but they have no right to dis- 
pose of the forage to any other person or to collect rental for the use of the 
Claims for grazing purposes. Such unperfected mining claims, therefore, can 
_ not be accepted as the basis for a permit under Regulation G—7. 

Bona fide squatters upon unsurveyed lands may be allowed permits for 
grazing the number of animals their claims will support, provided no claim 
exceeds 160 acres. 

Persons who have applied to purchase or who have leased any lands covered 
by State selections will be allowed free grazing privileges on awcecount of these 
lands. 

Persons who have applied to purchase or who have leased railroad land 
within the indemnity limits will be allowed free grazing privileges on account 
of such iand after survey and selection by the railroad company and approval 
by the Secretary of the Interior. 

The use of unsurveyed unselected lands within both the primary and in- 
demnity limits of railroad grants will be allowed in accordance with the 
grazing regulations under regular paid permits. 


CROSSING PERMITS. 


REGULATION G-8. Persons wishing to drive stock across any portion of a 
National Forest to reach either publie or private lands, except when the stock 
will be driven along a public highway or will not be grazed upon Naticnal 
Forest lands, must make application to the supervisor or other Forest officer for 
a permit to graze the stock en route, and must have a permit from the super- 
visor or such other Forest officer as he may designate, before entering the 
National Forest. The application must state the number of stock to be driven, 
the date of starting, and period required for passage. Grazing must be confined 
to the limits and along the route designated by the Forest officers, and will 
only be allowed for the period necessary for stock to cross the National Forest. 
(Issued April 25, 1913, to take effect May 1, 1913.) — 


The regular grazing permit carries with it the privilege of driving the per- 
mitted stock over the National Forest lands to and from the allotted ranges 
at the beginning and end of the grazing season and from the range to the most 
accessible shearing, dipping, and shipping points during the term of the permit. 


40 THE USE BOOK. 


CONDITIONS UNDER WHICII GRANTED, 


Crossing permits may be granted to points beyond the National Forest, to 
private lands within a National Forest, or to reach dipping vats or railroad 
shipping points. 

Crossing permits will not be issued prior to the opening of the grazing 
season except upon an established driveway. They will not be issued for stock 
which is so poor that it will not be able to cross the Forest, nor for stock 
to be driven to private land within the Forest if the land is unfenced and the 
number of stock is greater than it will support without trespass upon adjoining 
Forest lands. 

QUARANTINE REGULATIONS, 


It is absolutely essential that persons crossing stock comply with the regula- 
tions governing the National Forests and with the quarantine regulations 
prescribed by the Secretary of Agriculture and the State authorities. The con- 
dition of stock as to contagious or infectious diseases will be determined by the 
proper Federal or State authorities. Compliance being assured, and if the privi- 
lege will not expose the National Forest to damage or the regular permittees 
using it to inconvenience or financial loss, the permit will be issued without 
delay and with the fewest possible restrictions. 


APPLICATIONS FOR CROSSING PERMITS. 


Applications for crossing permits may be made either in person or by letter 
and the permits issued to either the owner or person in charge of the stock. 


GRAZING FEES. 


REGULATION G-9. A reasonable fee will be charged for grazing all kinds of 
stock on National Forests, except as otherwise provided in these Regulations. 
The rates will be based upon the yearlong rate for cattle, which will be from 
35 to 60 cents per head, depending upon the advantages and the locality of the 
Forest. } 

The yearlong rates for horses will be from 25 to 40 per cent more and the 
yearlong rates for swine from 25 to 40 per cent less than the rate for cattle. 
On Forests where the quality of range and advantages for grazing cattle and 
sheep or goats are equal, the yearlong rate for sheep and goats will be 30 per 
cent of the yearlong rate for cattle, but where the above-mentioned conditions 
warrant it, this percentage may be departed from and the yearlong rates for 
sheep and goats fixed within the following limits: From 10 to 12 cents on Forests 
where the rate for cattle is 35 cents: from 12 to 14 cents on Forests where the 
rate for cattle is 40 cents; from 12 to 15 cents on Forests where the rate for 
cattle is 45 cents; from 14 to 16 cents on Forests where the rate for cattle is 
50 cents; from 15 to 18 cents on Forests where the rate for cattle is 60 cents. 

The rates for all kinds of stock for periods shorter than yearlong will be 
based upon a charge of one-ninth of the annual rate per month for periods of less 
than four months, or periods beginning between July 15 and October 15, or of 
one-tenth of the annual rate per month for periods of four months or over be- 
ginning between October 16 and July 14, provided that the rates on sheep, 
goats, and swine shall not be divided into fractional amounts of less than one- 
fourth of 1 cent, and the rates on cattle and horses shall not be divided into 
fractional amounts of less than 1 cent; and provided that the minimum rate 
for any short period shall not be less than 20 cents per head on cattle, 25 cents 
per head on horses, 12 cents per head on swine, or 5 cents per head on sheep 
or goats. An extra charge of 2 cents per head will be made for sheep or goats 
which are allowed to enter the National Forests for the purpose of lambing or 
kidding. No charge will be made for animals under 6 months of age at the 
time of entering the Forest which are the natural increase of stock upon which 
fees are paid or for those born during the season for which the permit is 
allowed. (Issued April 25, 1913, to take effect May 1. 1913.) 


WHEN ANIMALS UNDER 6 MONTHS ARE SUBJECT TO CHARGE. 


The full grazing fee will be charged on all animals under 6 months of age 
which are not the natural increase of stock upen which the fees are paid. 


GRAZING. 41 


NO REDUCTION BECAUSE OF PARTIAL. USE. 


No reduction in grazing fee will be made when the stock do not graze upon 
the National Forest during the entire period allowed. nor will an increased 
number of stock be allowed to enter the Forest for this reason. 


ADDITIONAL TIME ALLOWANCE. 


The supervisor may allow stock to enter not more than 15 days in advance 
of the date fixed for the beginning of a grazing period, or allow them to remain 
15 days after the expiration, without additional charge, when the needs of the 
people demand such action and the condition of the range warrants. 


EXTENSION OF PERMITS. 


If suitable range is available within the National Forest grazing permits for 
short periods may be extended and made effective for any of the longer periods 
established for the Forest upon payment of the difference between the rates 
established for the two periods. The fee representing the difference between 
the two rates must be paid not only upon stock covered by the original permit 
which are to be grazed during the extended period, Lut also upon all additional 
animals which have reached the age of 6 months during the original permit 
period. 


GRAZING FEES PAYABLE IN ADVANCE. 


REGULATION G-10. All grazing fees are payable in advance. When an 

applicant for a grazing permit is notified by the supervisor that his application 
has been approved, he will remit the amount due for grazing fees to the District 
United States Depository, and upon receipt of notice by the supervisor that 
payment has been made, a permit will be issued allowing the stock to enter the 
Forest and remain during the period specified. 
- Persons who fail to pay the grazing fee before the beginning of the grazing 
period must notify the supervisor and give satisfactory reasons, or within the 
discretion of the supervisor may be denied a grazing permit the following 
season. (Issued April 25, 1913, to take effect May 1, 1913.) 


The approval of an application to graze stock on Forest land does not author- 
ize the grazing of the stock. Persons who place stock upon a National Forest 
before they have paid the grazing fees due and secured a permit are guilty of 
grazing trespass, thereby becoming subject to a demand for damages, or, in 
aggravated cases, to civil or criminal action. 


REFUNDS. 


REGULATION G-1i. Grazing fees will not be refunded for nonuse of the 
permit, except when, in the opinion of the district forester, the applicant is 
prevented from using the range by circumstances over which he has no control, 
or his range is trespassed upon, or renewal of permit is allowed to a purchaser 
of the stock. (Issued April 25, 1913, to take effect May 1, 1913.) 


Excess payments. 

Whenever payment in excess of the amount due is made, the amount over- 
paid will be refunded. Applications for the refund of moneys in excess of the 
amount due must be accompanied by a copy of the grazing permit issued, 
showing the amount received and the number of stock and grazing period cov- 
ered by the permit. 

Grounds for refund. 

Applications. for the refund of money paid on account of a grazing permit 
must be accompanied by a statement giving the reasons for not using the 
permit. This may be either the written statement of the permittees or a report 
by a Forest officer who has looked up the case. 

Refunds will be made to a person who applies for a permit and does not use 
it only when the nonuse is caused by. some circumstance over which he has 


42 THE USE BOOK. 


no control. Unusual climatic conditions, floods, high water in streams, Teavy 
snow, etc., or infectious disease causing quarantine by Federal or State author- 
ity. loss of stock caused by poison, disease, railroad wrecks, or in some unusual 
manner are valid reasons for refund. In all cases of unusual loss where it is 
either impracticable or impossible for the applicant to secure other stock a 
refund may be made, but if the stock can be replaced this will be required. 
Loss of range through trespass or error. 

An equitable portion of the grazing fees may be refunded when a permittee 
is prevented from enjoying the full use of his range by reason of trespassing 
stock entering upon it or on account of an error by a Forest oflicer. 


Sale of stock. 


Refunds will be made on account of stock having been sold only when the 
preference in renewal of the permit is waived by the original owner to the 
Government and the purchaser is allowed a permit. In such a case the fees 
on the number of stock repermitted may be refunded to the original permittee 
on his request. 

The amount which will be refunded will not exceed the amount of the fees 
due on the permit issued to the purchaser. The difference, if any, between 
the amount paid on the original permit and the amount due on the new permit 
will not be refunded. A permittee who sells his stock under conditions which 
justify a full renewal of the permit to the purchaser, and signs a waiver to its 
renewal to himself, is entitled to a refund of the full amount paid. If the 
conditions justify a renewal for only 80 per cent of the number of stock covered 
by the original permit, then 80 per cent of the original payment will be 
refunded. 


Failure to purchase stock. 

| Persons who make application to graze stock which they do not own but 
intend to purchase will not be entitled to a refund because they fail to secure 
the stock or change their plans. They may, however, place stock upon the range 
at any time during the period allowed by the permit. 


APPORTIONMENT OF GRaZING PRIVILEGES, 


- NOTICE TO APPLICANTS. 


REGULATION G-—12. When notice of the grazing allowance, periods, and rates 
for each year has been received by the supervisor, he will give public notice 
of a date on or before which ail applications for grazing must be presented 
to him. Permits may be refused to persons who do not file their applications 
within the required time, unless satisfactory reasons are given. (Issued April 
25, 1913, to take effect May 1, 1913.) 


NOTIFICATION OF PERMITTEES. 


All persons who held permits during the previous year will be notified by 
postal card or circular letter of the date upon which applications for grazing 
permits must be filed with the supervisor. 


FINAL DATE FOR RECEIPT OF APPLICATIONS. 


Applications must be received, range allotments made, and permits issued 
before the beginning of the grazing season. This necessitates fixing a date 
sufficiently far in advance to enable the supervisor to complete the work of 
issuing the permits. The date having been widely published, it will be assumed 
that the applications on file on that day represent all the users of the Forest 
Tange entitled to consideration, and the supervisor will then proceed to allot 
the grazing privileges. ; 

Supervisors acknowledge the receipts of applications by postal card. 


APPLICATION FOR PERMITS. 
REGULATION G-13. Applications for grazing permits must be submitted on 


blank forms which will be furnished by the supervisor, and the information 
necessary to complete the application must be furnished in detail. The num- 


GRAZING. 43 


ber of stock must not be greater than the number the applicant actually 
owns or intends to purchase or less than the number he intends te graze upon 
the Forest. Speculation in the use of grazing permits will not be ailowed, and 
permits will be refused or canceled for intentional false statement of the number 
of stock owned. 

For ail purposes of permanent allotment each member or stockhoider of a 
firm or corporation will be eonsidered as holding a permit to graze the full 
number of steck covered by any and all grazing permits issued to such firm 
er corporation. The individual permit of a person who ecquires an interest 
in the permit of any firm or corporation will be subject to reduction in its 
renewal when the ccmbined number of stock covered by all permits in which 
the person is interested exceeds the maximum limit. (Issued April 25, 1913, 
to take effect May 1, 1913.) 


Should be complete. 


Tt is required that every question contained in Forms 298 and 878 shall be 
answered by the applicant, either affirmatively or negatively, because the in- 
formation serves as the basis for the apportionment of grazing privileges and 
constitutes the record maintained by the Forest Service. 


Certified statement. 


When necessary, an applicant may be required to furnish a certified state 
ment showing the name, residence, and interest of any other person in the 
stock covered by his application. The district forester may require firms or 
corporations to furnish a certified statement of the name and residence of all 
members and stockholders. 


Partnerships or corporations. 


If the supervisor has reason to believe that a new applicant, or one seeking 
the renewal of a permit on account of purchase, already holds an interest in 
a colupany grazing stock under permit. he may require this information, or may 
require it if there is a question of preference between two companies or 
corporations. 


Sworn statement. 


- A sworn statement of the essential facts may be required of applicants by a 
forest supervisor. 


False statements or suppression of material facts. 


Tf at any time between the first allotment of a grazing privilege and the final 
closure of the case through the acceptance by the forest supervisor of a waiver 
of grazing privileges it is discovered that the original allotment of the privilege 
or its subsequent renewal was secured by willful misrepreserntation or the sup- 
pression of material facts, the permit shall be revoked and the grazing privilege 
declared forfeited upon the termination of the current grazing period, even 
though the permitted stock have in the meantime been transferred to a 
purchaser. 


Knowledge of fraud or defect in permit by purchaser. 


When a purchaser of permitted stock who has applied for a renewal of 
grazing permit has no direct or indirect knowledge of fraud or fatal defect in 
the base permit, a clear official record in the case of the original permittee at 
the time the waiver is accepted will be construed in favor of the purchaser of 
the stock, and if the new owner has exercised such care and diligence as might 
be expected of a reasonably prudent man in ascertaining the bona fides of the 
base permit, any latent defect which may subsequently develcp will not be held 
as invalidating the permit, but will be set aside and the continued enjoyment of 
the privilege allowed. 


Unintentional misstatement or misrepresentation. 


Unintentional violation of the regulations or terms of the application and 
permit in the aequirement or renewal of the privilege will not be construed as 
fatal to the continued enjoyment of the permit by the original permittee or to 
the renewal of the privilege to a purchaser otherwise qualified, but the burden 
of proof as to geod intent will rest upon the person committing the breach 
of regulations or-terms of the application and permit, and such person must 
satisfy the supervisor that the wrongful conduct was entirely unintentional 
before he will be relieved of responsibility. 


44 THE USE BOOK. 


Error on part of Forest officer. 


The Forest Service will not cancel or reduce a permit because of a mistake 
made by a Forest oflicer, if the permittee has furnished the required informa- 
tion and has not contributed to the original error. 


Statement of ownership. 


The new applicant is classified according to the total number of stock he 
owns: therefore it is necessary that he shall state in his application the total 
number of stock owned by him. Unless permit for an increased number of 
stock is applied for, an established permittee whose classification is fixed need 
only assert ownership of the number of stock for which permit is desired. 


Applications for long-term permits. 


When authorized by the Secretary of Agriculture applications may be ap- 
proved for permits during a term of not more than 5 years. A term of 5 
years having been established, applications received subsequent to the initial 
year will be approved for the unexpired portion of the term—4, 3, or 2 years, 
as the case may be—so that all term applications will expire simultaneously. 
The permits will be issued and the grazing fees paid annually on the number 
of stock for which the application is approved. 

Applications for term permits will be canceled for failure to pay the grazing 
fees for any one year or for failure to use the range for more than one year, 
unless unusual circumstances exist. 


Method of approving applications. 


The supervisor will immediately notify the applicant of the approval of his 
application by a letter of transmittal showing the number of stock for which 
the application has been approved, the period, and the fees to be paid. 


Method of disapproving applications. 

When a grazing application is disapproved the supervisor will notify the 
applicant by letter, giving the reasons for his action, and will send a copy to 
the district forester. ; 


QUALIFICATIONS OF APPLICANTS. 


REGULATION G-14. Grazing permits will be issued only to persons entitled to 
share in the use of the range within National Forests by virtue of prior use 
and occupancy of National Forest lands for grazing purposes; or by local resi- 
dence, ownership of improved ranch property within or near the Forest, and 
dependence upon the range; or by the acquisition of stock grazed upon Na- 
tional Forest lands under permit and of improved ranch property used in con- 
nection with the stock under circumstances which warrant an entire or partial 
renewal of the permit issued to the former owner, except when there is surplus 
range, in which case temporary permits may be issued to owners of transient 
stock or to regular permittees for an increased number of stock. 

Nonuse of a range during one year, except as authorized by the instructions 
of the Forester, will be sufficient grounds for the denial of grazing privileges. 
(Issued April 25, 1913, to take effect May 1, 1913.) 

Those by whom grazing permits may be obtained. 

Grazing permits may be secured by: 

(a) One who has previously used and oceupied lands included within a 
National Forest. 

(bv) Loeal residents owning improved ranch property and depending upon the 
range for a livelihood. (See instructions under “ Permits to new owners,” 
p. 54.) 

(¢) A member of a copartnership or corporation which formerly held a per- 
mit—for the number of stock equal to his share in the original permit. (See 
instructions under ‘“* Renewal of permits,” p. 50.) 

(d@) The purchaser of a permittee’s stock or ranches, or both, under cireum- 
stances justifying a renewal. (See instructions under “ Renewal of permits,” 
p. 50.) 

(ec) The inheritor of a permittee’s stock or ranches, or both, under cireum- 
stances justifying a renewa! of the permit. (See instructions under “ Prefer- 
ences,” p. 46.) 


Prior use of range. 


The regular use of a range during its open season for several successive 
years before creation of a Forest and under grazing permit thereafter is 


GRAZINGS 0° 45 


what is meant by ‘“ prior use” or “regular occupancy.” So far as is consist- 
ent with other conditions, preference will be given to those who have continu- 
ously used the range for the longest period. 


Ranch property must be owned. 


A person can not qualify as a permittee through the leasing of land or ranch 
property only. Actual owners of ranch property used in connection with the 
permitted stock will be recognized as qualified to share in the use of the Forest 
ranges on the basis of prior use. 


New settlers. 


New settlers upon unimproved lands in either Government or private owner- 
ship may be granted temporary grazing privileges, which will be contingent 
upon continued residence upon the lands, their improvement, and compliance 
with the United States land laws or contract agreements, and will not become 
permanent until after three years’ use of the range. They may, in the discretion 
of the supervisor, be limited in their initial use of the range to not more than 
one-half of the number of stock allowed to established bone fide Class A new 
applicants, with the understanding that they will receive annual increases 
which, at the end of the three-year temporary period, will allow them to graze 
the same number of stock as other Class A new applicants. Subsequent to the 
expiration of the three-year temporary period their status will be the same,as 
that of other Class A new applicants. 


Cooperative associations. 

A cooperative association is an organization formed for purposes of eco- 
nomical management of stock upon the range, wherein the stock of the different 
owners are run together under a joint management, although each member 
retains absolute personal title and right of possession to the stock grazed in his 
name, enjoys actual personal use of the range to the full extent of his permit, 
and acknowledges personal responsibility for the proper management of his 
stock within the Forest. Each member of such a cooperative association must 
make individual application for the number of stock for which he desires 
permit. The approval of the application will be based upon the individual 
qualifications of the applicant. In no case will the total number of stock grazed 
under permit by all members of a cooperative association be allowed to exceed 
the maximum limit established for the Forest. 


Use of common brand or mark. 

The use of a common mark or brand and the distribution of profits. losses, 
and running expenses on a pro rata basis will not be considered objectionable 
if conclusive proof is submitted to show that no part of the benefits derived 
from grazing each specific number of stock upon the National Forest range is to 
be shared by others than the permittee. 


Firm, partnership, copartnership. 

A firm or copartnership must be in either Class B or Class C. It ean estab- 
lish a grazing preference in two ways: By use and occupancy of the lands in- 
eluded within the Forest prior to its creation, and by the purchase of the stock 
or ranches, or both, of a permittee under conditions justifying a renewal of the 
permit. 


Corporation. 

A corporation can not be given the same consideration as an individual 
owner; it must be in Class B or Class C. Between two corporations, one com- 
posed of local residents and the other of nonresidents, preference will be given 
the local corporation. In no case will preference be given a corporation over 
private individual owners, whether the members of the corporation reside near 
the Forest or not. 


Partnerships or corporations as new applicants. 

Grazing permits will not be issued to new firms or corporations when the 
members or stockholders of such firms or corporations hold permits to graze 
numbers of stock which, combined, exceed the maximum limit established for 
the Forest. The consolidation of permits will not be allowed when the com- 
bined number of stock is more than the maximum limit. 


46 THE USE BOOK. 


Married women and minors. 


A married woman whose husband holds a grazing permit will not be recog- 
nized as a Class A new applicant unless she is in some way debarred from 
sharing in the grazing privilege enjoyed by her husband, owns and resides upon 
an improved ranch separate and apart from that of the husband, and is entirely 
dependent upon her own resources for a livelihood and the maintenance of her 
home. 

If the State laws give a married woman the right of independent ownership 
of real estate and live stock, or if she has qualified as a femme sole or sole 
trader, thereby acquiring legal right of ownership and legal responsibility, and 
she possesses the other qualifications which entitle her to a grazing permit, she 
may be recognized as a Class B applicant, and as such her application may be 
approved, regardless of the fact that grazing privileges are held by her husband. 

Where the wife applies to graze stock she has purchased, again the State law 
on ownership will govern. 

Minors who were not occupants of the range at the time of the creation of the 
Forest will not be granted permits, except when they are at the head of a 
family dependent upon them for support. Minors under the control of parents 
or guardians may be granted permits if such action will not necessitate reduc- 
tion in existing permits or the denial of applications of other Class A owners. 


Estates. 

Pending the division of an estate, a full renewal of the permit held by the 
deceased will be allowed in the name of the estate and the duly appointed 
administrator. 


Heirs to permitted stock. 

As a general rule an heir or devisee will be considered as in the same class 
with one who has purchased stock grazed under permit. Upon the issue of a 
court decree dividing the estate the privileges allowed the estate will be granted 
the beneficiaries uniler the rule governing the renewal of permits on account of 
purchase, except that the permit for that portion of the stock allotted by the 
court decree to the widow or minor heirs will not be subject to the reduction 
made in the renewal of permits to purchasers. 


Lessees and herders. 

A person leasing stock or running it on shares or herding it for the permittee 
is regarded as an employee only, and can not be allowed any preference in the 
use of the range by virtue of the fact that he has run the stock under lease or on 
shares or has handled it for the owner. The status of the owner determines all 
preferences allowed in the issuance of grazing permits. 


Temporary use of range. 

The provisions of Regulation G—14 and the instructions issued thereunder 
apply primarily to National Forests which are or soon will be fully occupied 
by the stock of permittees in Classes A and B. In Forests where the supply of 
forage is in excess of the requirements of permittees in Classes A and B tempo- 
rary permits may be issued to applicants who do not possess any or all of the 
qualifications prescribed, or to qualified permittees who are already grazing 
numbers of stock representing their fair share in the permanent use of the 
Forest range. 


PREFERENCE IN USE OF RANGE, 


REGULATION G-15. Citizens of the United States will be given preference 
in the use of the National Forests, but persons who are not citizens may be 
allowed grazing permits provided they are bona fide residents and owners of 
improved ranch property either within or adjacent to a National Forest. 

Regular occupants of the range who own and reside upon improved ranch 
property in or near National Forests will be given first consideration, but will 
be limited to a number which will not exclude regular occupants who reside 
er whose stock are wintered at a greater distance from the National Forests. 
With this provision applicants for grazing permits will be given preference in 
the following order: 


GRAZING. 47 


Class A: Persons owning and residing upon improved ranch property within 
or near a National Forest who are dependent upon the National Forest for 
range and who do not own more than the established protective limit number 
of stock. 

Class B: Regular users of National Forest range who do not own improved 
ranch property within or near a National Forest, and persons owning such 
ranch property who own numbers of stock in excess of the established pro- 
tective limits. 

Class G: Persons who are not regular users of National Forest range and who 
do not own improved ranch property within or near a National Forest. Class C 
applicants will not be granted permits upen Forests which are fully occupied 
by permittees of Classes A and B. 

Persons who have not regularly used the range within newly created Na- 
tional Forests during preceding years will not ke allowed to place stock upon 
it for the purpose of establishing a grazing priority unless they are bona fide 
settlers living either within or adjacent to the National Forest, who are entitled 
to share in the use of the range as Class A applicants. 

Permittees of Classes B and C will not be allowed to increase the number of 
stock grazed under permit except by the purchase of other permitted stock 
under circumstances which warrant a renewal of the permit held by the original 
ewner. (Issued April 25, 1913, to take effect May 1, 1913.) 


Grazing privilege not a legal right. 


No one can acquire a right to the use of National Forest range, but he may 
aequire a preference in the allotment of grazing privileges. This preference 
does not entitle him te continued use of a certain part of a Forest, but only 
to a preference over other applicants less entitled to consideration in the use 
of the ranges open to the class of stock which he wishes to graze. These pref- 
erences of their very nature possess relative degrees of superiority, and conse- 
quently have a number of gradations. 


New Forests and additions. 


During the first season after the creation of a new Forest or addition grazing 
privileges will be allotted on the basis of prior use and occupancy. No permit 
will be granted for a number of stock larger than the average number grazed by 
the applicant during the two years preceding the establishment of the Foresi, 
unless the applicant, as a Class A settler, is reasonably entitled to increase 
toward the protective limit. After the first season applicants for grazing per- 
mits will be given preference in the following order: 


Class A—Small near-by owners. 


A Class A owner is one who does net own more than the protective limit 
number of stock established for the Forest, who owns and resides upon an 
improved ranch within or adjacent to the Forest, and who is dependent upon 
the use of the National Forest range in connection with his raneh property. 
Until the protective limit is defined it is within the discretion of the supervisor 
to determine whether an applicant is a large or small owner. A firm or corpora- 
tion can not be considered as a Class A applicant, but may be allowed exemp- 
tion from reduction below the protective limit. 


Class B—AlIl other regular occupants of the range. » 


Class B includes owners of improved ranch property and stock in excess of the 
protective limit and owners of stock either above or below the protective limit 
who do not own improved ranch property. Copartnerships, companies, and cor- 
porations may be Class B owners. All permittees in this class must secure 
their permits on the basis of prior use and occupancy or the purchase of the 
stock and ranches of persons holding permits. 

There may be several grades of Class B applicants. One who owns a large 
amount of improved ranch property, or one who resides in the vicinity of the 
Forest, or who has used the range during a long period of years, or who feeds 
his stock during the winter, may be given preference over one who does not 
own improved ranch property adjacent to the Forest, or who resides at a dis- 
tance from the Forest, or who has only used the range a few years, or who 
winters his stock on the range. Class B permittees are subject to sliding-scale 
reductions, although usually such reductions are not applied to permits for less 
than the protective limit. 


48 THE USE BOOK. 


Class C—Owners of transient stock. 

Class C embraces all grazing applications not falling within Classes A and 
B. A speculutor who buys stock and places it upon the range at intervals, or 
the nomadic¢ stockman with no fixed range who trails his stock to widely sepa- 
rated ranges, would be Class € owners. Class C applicants will be entirely 
excluded from the Forest before any reduction is made upon Class B applicants. 


New settlers must qualify. 


New settlers upon unimproved Government or patented lands will not be 
regarded as Class A applicants until they have demonstrated the good faith 
of their settlement by three years of residence, improvement, and cultivation, 
and by compliance with the United States land laws or satisfaction of contract 
agreements. They may, however, be granted the same preference in the use 
of the range that is granted to bona fide Class A applicants, provided that the 
grazing privileges granted will be temporary in character during the three-year 
period and will not be in excess of the settler’s actual needs or so large that 
they will appear to be the principal object in filing upon or purchasing the land. 
(See “ Permits to new owners.” ) 


Status determined by holdings. 


An applieant’s status is determined by the total number of all classes of 
stock owned by him. He can not be a Class A cattle owner and Class B sheep 
owner. If he owns either class of stock in excess of the protective limit for 
that class he is a Class B owner, or if he owns a per cent of the cattle pro- 
tective limit and also a per cent of the sheep protective limit which combined 
exceed 100 per cent he is in Class B. For example, the protective limit being 
100 head for cattle and 1,200 head for sheep, if he owned 50 head of cattle and 
500 head of sheep (92 per cent) he would be in Class A; but if he owned 75 
head of cattle and 750 head of sheep (137 per cent) he would be in Class B. 
An applicant owning sheep and cattle may, however, be in both Class B and 
Class C. 


Ownership of ranch property. 

By ranch property is meant lands producing cultivated crops which are used 
for feeding live stock. In localities where the production of feed is not a 
requisite to the stock business the ownership of spring and fall range or lambing 
grounds by a bona fide resident dependent upon the use of the range is given 
nearly the same weight with the ownership of cultivated lands. The same is 
true of the ownership of water rights which control adjoining National Forest 
range. In renewals to purchasers of permitted stock the ownership of spring 
and fall range or water rights closely related to the use of National Forest 
range may be given equal weight with improved ranch property. Property 
of this sort must be commensurate with the number of stock and be actually 
dependent for its value upon National Forest range. To illustrate, a spring 
and fall range and lambing ground sufficient for 1,000 head of sheep might 
justify the approval of an application for a permit to graze 1,000 or less sheep 
upon a National Forest during the summer season, but not of an application to 
graze 2,000 head of sheep during the summer season or to lamb and graze 1,000 
head of sheep during the spring and fall seasons, 


Dependence upon range. 

A person will be considered dependent upon the use of the National Forest 
range when the Forest lands adjacent to his own contain the only available 
stock range and the grazing of a limited number of stock is essential to his 
success in the development of his land. 


Residence. 

Residence is simply an index in determining the degree of dependence. A 
person residing at a distance from a National Forest can not be considered so 
dependent upon Forest range as one residing near by. 

Transient owners. 
A permit may be granted an owner who is a transient resident in the locality 


only with the understanding that it gives no permanent grazing preference. 
This precaution is necessary to guard the interests of future Class A applicants. 


GRAZING, 49 


Retention of preferences. 


Grazing preferences can be retained only by a continual use of a range. 
Applicants who apply to graze a reduced number of stock can not expect range 
to be reserved for them for a higher number later on, In the case of a volun- 
tary reduction other applications may be approved for the number by which 
the first permit was reduced. The preference thus gained will not be sur- 
rendered because the first permittee applies a year or two later to graze the 
original number of stock. 


Nonuse of range. 


Applications from persons with established preferences will not be disap- 
proved for nonuse of the range during one year if a statement giving satis- 
factory reasons is filed with the supervisor before the opening of the grazing 
period. 


Waiver of preference. 


Where the renewal of a permit is allowed a purchaser of stock, a written 
waiver of all claims by the original permittee to a renewal of the permit for 
the stock sold should be filed with the supervisor. 

A person who has signed a waiver of grazing privileges will not be recog- 
hized as a new applicant until after three years from the date of waiver, but 
may secure at any time a renewal of permit as a purchaser of permitted stock. 
(See instructions regarding involuntary purchase of stock, p. 53.) 


Foreclosure of mortgage. 


If a mortgage on stock is foreclosed, the permittee does not lose his prefer- 
ence in a permit for the following season, and unless he has returned his 
permit to the supervisor and consented to the issuance of a permit to the mort- 
gagor as a purchaser for the remainder of the grazing period he may replace 
the stock. The person foreclosing the mortgage may be allowed, with the con- 
sent of the permittee, to continue grazing the stock during the remainder of the 
eurrent grazing period under the same conditions as a purchaser, but secures 
no privileges of renewal unless the owner of the stock signs a waiver of his 
renewal preferences. 

_ The foreclosure of a mortgage covering both stock and ranch will not cause 
a permittee to lose the preference allowed him in use of the range if he replaces 
the stock and secures another ranch equally dependent upon the range. 


Nonownership of stock. 

An applicant who does not own the stock for which permit is desired, and 
whose prior use of the range entitles him to consideration, may secure a 
grazing permit on his certification that the stock will be purchased. 


Transfer of preference to another Forest. 


A grazing preference can be transferred from one Forest to another only 
when the first Forest is overstocked and the second Forest is understocked and 
the transfer will be generally beneficial. In this event a transfer may be 
allowed if both supervisors approve. 


PROTECTIVE AND MAXIMUM LIMITS, 


REGULATION G-16. When necessary to secure an equitable distribution of 
grazing privileges the district forester will establish protective limits covering 
the number of stock for which the permits of small Class A owners will be 
exempt from reduction in their renewal. It will be within the discretion of the 
district forester to establish general protective limits applicable to the entire 
Forest or special protective limits for each grazing district, such limits to be 
based upon the character and intensity of the demand for grazing privileges 
within each district. Permits for numbers of stock in excess of the protective 
limits will be subject to necessary sliding scale or other reductions, and will not 
be subject to increase in number except through purchase of stock and ranches 
of other permittees. (See Reg. G-18.) 

When necessary to prevent monopoly of the range the district forester will 
establish maximum limits to the number of stock for which a permit will be 
issued to any one person, firm, or corporation. The maximum limit may, in the 
discretion of the district forester, be made applicable to a portion of a Forest, 


2268°—13——_4 


50 THE USE BOOK. 


to an entire Forest, or to a group of contiguous Forests. Permits for numbers 
of stock in excess of the maximum limits will be issued only to persons who, 
during the preceding year, held permits to graze numbers of stock equal to or 
greater than that for which application is made. The district forester may 
suspend the maximum limit in special cases. (Issued April 25, 1913, to take 
effect May 1, 1913.) 


Purpose of protective limits. 


Protective limits are established to protect permittees from reductions in 
the number of stock which they are allowed to graze under permit to a point 
where it is too small to be handled at a profit or to contribute adequately to 
the maintenance of a home. The average number of stock which a settler must 
graze in order to utilize the products of his farm or derive a reasonable profit 
will be determined upon each Forest or, if necessary, upon each grazing dis- 
trict thereof, and will serve as the basis for the protective limit. 


Purpose of maximum limits. 


Maximum limits are established to prevent monopoly of the range and to pre- 
serve 2 wide distribution of grazing privileges. No permittee will be allowed to 
increase the number of stock above this limit. Necessary reductions in permits 
for more than the maximum limit will be made in accordance with the sliding 
scale. 


RENEWAL OF PERMITS. 


REGULATION G-17. Grazing permits will be renewed only when the grazing 
of the class of stock involved is authorized by the Secretary of Agriculture. A 
permit may be divided in its renewal bezause of division of stock and ranches 
between two or more owners or purchasers. Permits for numbers of stock 
in excess of the established protective limits will be subject to reduction in their 
renewal, and no division or sale of stock and ranches will exempt such permits 
from reduction. (Issued April 25, 1913, to take effect May 1, 1918.) 


Change of residence. 


A permittee with an established preference may change his residence to a 
point more remote from the Forest without disqualifying for a renewal of per- 
mit, provided he retains his other interests. 


Sale of ranch. 


A permittee having a range preference based on ranch property located in 
or adjacent to a National Forest may dispose of such ranch property without 
entirely disqualifying himself for a renewal, but unless he secures similarly 
located ranch property his classification is changed, and the renewal of the 
permit will be on the basis of the changed classification. 


Change in class of stock. 


A renewal of permit may be allowed for a elass of stock different from that 
previously granted. It may require relinquishment of one range and accept- 
ance of another on some other part of the Forest. The ratio of exchange will 
depend on the demand and the capacity of the ranges in question. 


Partnerships. 


A permittee having an established preference may enter into partnership 
agreement with another person not a permittee, ard secure a renewal of his 
permit in the name of the partnership, the proportionate interest transferred 
being subject to the rules governing the renewal of permits to purchasers. 

Partnership ordinarily means joint ownership of the stock and ranches, and 
the renewal to each member depends upon the division of each that is made. 
Signed agreements showing this division may be required by the supervisor. 

A renewal on the division of stock and ranches may give a member prefer- 
ence in the range for a certain number of stock, but it does not define his status 
or whether he is in Class A, B, or C. 

In the renewal of a permit held by a partnership to the individual members 
the same reductions will be made on the total number of stock. grazed the pre- 
vious year as would have been made on the original permit, each renewed per- 


GRAZING. rw I 


mit bearing its pro rata share of such reduction. The stockholders of a corpo- 
ration which has dissolved may be allowed a renewal of permit under the rules 
governing renewal of permits to purchasers. 


Renewal to estates. 


In case of the death of a qualified permittee a full renewal of permit will be 
granted in the name of the estate and the duly appointed administrator until 
the estate is divided and distributed among the heirs by court decree. Renewal 
of permit to the heirs will be in accordance with the instructions governing the 
issuance of permits to purchasers of permitted stock. For exception to this, see 
under “ Heirs to permitted stock,” p. 46. ; 

An estate that has not been divided by court decree will not be considered as 
belonging to the heirs or devisees, even though the property may have been 
specifically apportioned by will or by agreement between the interested parties. 


INCREASES AND REDUCTIONS IN NUMBER OF STOCK, 


Increases above protective limit. 


Increases above the protective limit will be allowed only to purchasers of 
stock and ranches of permit holders, and any such increase will not exceed the 
maximum limit. 


Increases by Class A permittees. 


Class A permittees owning a less number of stock than the protective limit 
will be allowed to increase their number gradually, but may be restricted in the 
number added each year. Old Class A users may increase at once to the number 
allowed new applicants. Beyond this number increases will be by fixed per- 
centages established by grades. On fully stocked Forests the total increase 
allowed combined with the total number allotted new settlers must not be more 
than 3 per cent of the allotment except when a surplus in excess of this percent- 
age is created by the reduction on permits renewed to purchasers. The super- 
visor will determine the division of the allotment which will be made betweer 
new settlers and persons whose permits are below the protective limit. 


_Increase in long-term permits. 

Term applications for less than the protective limit may be amended to allow 
the same annual increase that is allowed annual applicants until the protective 
limit is reached. 

Reductions. 


Where reductions are necessary, each grazing district will be considered as a 
unit, and the permittees occupying it will be required to meet any reductions 
necessary to prevent damage to the district or to provide range for new appli- 
eants entitled to graze within the district. Reductions will be based upon the 
number of stock grazed under permit the previous year. When there is unused 
range on other districts within the Forest, permittees who desire to transfer a 
part or all of their permitted stock to such range will be given a preference in 
its use. Class C owners will be excluded before the other classes are reduced. 
The reduction will be made on the Class B owners. Class A owners will be 
exempt from reduction. 


Method of applying sliding scale. 


When a sliding-scale reduction figure has been worked out it may be applied 
in the following manner, varying the percentages to suit the situation: All 
applicants who do not own improved ranch property or who are nonresident 
ranch owners and winter their stock upon the adjoining open range, regular 
users who purchase winter feed for their stock from resident ranch owners, and 
nonresident ranch owners whose stock is wintered upon the products of their 
lands will be reduced 75 per cent of the reduction figure. Owners residing upon 
their improved ranches and wintering their stock upon the products of their 
lands will be reduced 50 per cent of the reduction figure. 

Reduction in long-term permits. 

All applications for grazing during a term of years, which are approved for 
more than the protective limit, will be granted, subject to an annual reduction, 
not exceeding 5 per cent, to provide for the issuance of permits to new settlers 
within or in the immediate vicinity of the National Forests, and subject to any 
additional reduction which may be necessary to stop damage to the Forest. 


52 THE USE BOOK. 

At the expiration of the term permit the 5 per cent clause to provide for 
new owners ceases to be binding on the Service, and the application is subject 
to any percentage of reduction before it is renewed that is effective on the 
Forest at the time. 


PERMITS TO PURCHASERS OF PERMITTED STOCK. 


REGULATION G-—18. Permits will be granted only for the exclusive use and 
benefit of the owners of the stock and will be forfeited if sold or transferred 
in any manner or for any consideration. If stock grazed under permit is sold 
during the term of the permit the original permit must be surrendered to the 
supervisor, who, upon receipt of evidence that the sale is bona fide, will cancel 
the original permit and will issue, free of charge, an amended permit to the 
original permittee for the number of stock retained and a permit to the pur- 
chaser for the number of stock purchased, which will allow the grazing of such 
stock upon the National Forest during the remainder of the permit period. 
Renewal of permit to the purchaser during subsequent years will be subject to 
the following restrictions: 

The permittee from whom the stock is purchased must have used the range 
curing three or more successive years, unless. the initial permit was secured 
through the purchase of permitted stock, in which event a renewal of permit 
to a second purchaser may be allowed after the expiration of one year from 
the date of the permit issued to the first purchaser. The permittee selling the 
stock must execute an agreement waiving to the United States all claims to 
preference in the use of the Forest land for the grazing of the number of stock 
transferred. The permit in its renewal will be subject to the maximum limit 
restrictions and to necessary reductions applicable to other permits of the same 
class and no division of stock and ranches will exempt such permits from 
reduction. 

Subject to the foregoing restrictions a renewal of permit for not to exceed 
90 per cent of the stock purchased may be allowed the purchaser of stock grazed 
under permit and the ranches used in connection therewith, and provided that 
a full renewal will be allowed if the purchaser is a resident ranch owner who 
does not own a total of more than the protective limit number of stock. The 
mere purchase of stock grazed under permit will not entitle the purchaser to 
share in the grazing privilege, but if the purchaser is the owner of improved 
ranch property which is commensurate and used in connection with the per- 
mitted stock, a renewal of permit may be allowed for not to exceed 80 per cent 
of the stock purchased. (Issued April 25, 1918, to take effect May 1, 1913.) 


Sale of stock after approval of application. 

Where stock is sold after the application for a grazing permit has been 
approved and prior to the beginning of the grazing period, the application of 
the purchaser may be approved upon his merits, subject to the reductions. 
governing the issue of permits to the purchasers of stock. 


Purchaser must observe original requirements. 


All conditions, stipulations, and agreements which were binding upon the 
original permittee will also be binding upon the purchaser of permitted stock, 
nnd a renewal of permit may be denied for failure to observe al! requirements. 
For example: A permit issued upon condition that the stock would be fed during 
the winter upon the products of the permittee’s ranch will not be renewed to a 
purchaser of the stock except upon the same condition, and will be discon- 
tinued upon failure of the purchaser to observe the terms of the stipulation. 


Qualifications of purchaser. 


No renewal of permit will be granted to a purchaser of permitted stock unless 
he is qualified, by ownership of ranch property and in other requisite ways, to 
share in the use of the Forest ranges. 

Purchase of stock by owner of improved ranch. 

A purchaser of permitted stock who owns ranch property commensurate and 
so located that it will be used in connection with the stock, or who acquires 
such property from persons other than the original permittee, may be allowed 
a renewal of permit for not to exceed SO per cent of the number of permitted 
stock purchased, provided that the maximum limit restriction is not exceeded.. 


GRAZING. Bet ists 


Purchase of stock and ranch. 


If the ranch property is used in connection with the permitted stock, the pur- 
ehaser of both the stock and ranch of a permittee may be allowed a renewal of 
permit for not more than 90 per cent of the permitted stock purchased, subject 
to the maximum limit restrictions. If the ranch property is not fully commen- 
surate a proportionate reduction should be made in the number of stock for 
which renewal of permit is allowed. 

A renewal of permit may be allowed for -the full number of stock purchased 
if the purchaser possesses Class A qualifications and does not own a total of 
more than the protective limit number of stock. 


Purchase of ranch property only. 


The purchase of ranch property or improvements used in connection with 
permitted stock does not convey any right or preference to a share in the use 
of Forest lands, and no renewal of permit will be allowed solely on the basis 
of such a purchase. A purchaser of ranch property previously used in con- 
nection with permitted stock will be considered only as a new applicant or as 
the purchaser of other permitted stock. 

In cases where the permitted stock are removed from the Forest, the pur- 
ehaser not intending to continue in the use of Forest lands, and where the 
permittee has signed a waiver, the purchaser of the ranch property will be 
given a preference over other new applicants to the extent of being placed at 
the head of the list and granted first consideration. 


Definition of ranch property. 


Property, such as town lots, fruit land, or mineral land, which does not bear 
a direct relation to and is not dependent upon the live stock for its best use 
will not be accepted as a basis for the renewal of permit tc the purchaser of 
permitted stock. The character of the property and the degree of its use 
in connection with the stock must conform to the general requirements and 
practices of the locality. 


Relation of ranch property to stock. 


Where winter feeding is necessary the land must produce sufficient feed to 
winter the permitted stock and must be used for that purpose. Where winter 
feeding is not required the ownership of a headquarters ranch, spring, fall, or 
winter range, lambing grounds, or lands containing controlling sources of water 
supply may justify renewal. In every case the land must be used in connec- 
tion with the permitted stock and be commensurate with the number of such 
stock for the purpese for which it is used. 


Leased land not acceptable, 


The applicant for renewal must hold title to the lands, as leased lands do not 
meet the requirements of the regulations. 


Involuntary purchase through foreclosure. 


The acquisition of permitted stock through the foreclosure of a mortgage or 
a forced sale conveys no privileges of renewal of permit unless the original 
permittee signs an agreement waiving all further claim to preference in the use 
of the range, nor does it exempt the purchaser from any of the provisions of 
the regulations governing the renewal of permits to purchasers, except tem- 
porarily as explained in the following paragraph: 


Temporary permit to involuntary purchaser. 


A temporary permit, effective during one season only and not subject to 
renewal, may be granted the purchaser of stock through a forced sale (@) when 
there is surplus range which may be used without undue interference with other 
permittees; (0) when the original permittee, while retaining his grazing pref- 
erence and intending to place stock on the range after the expiration of one 
year, does not intend to replace the mortgaged stock during the season following 
the foreclosure. 


Renewal in case of involuntary purchase. 


When the original owner has signed 4 waiver the purchaser of stock obtained 
by a forced sale. may be allowed a full renewal for the following season, with 
the understanding that at the beginning of the second year the reductions re- 
quired by the regulations will be imposed and the rules in reference to the issu- 
ance of permits to purchasers of permitted stock will be strictly enforced. 


54 THE USE BOOK. 


If the stock is sold to a second purchaser during the year in which a full 
renewal is allowed the regular reduction will be made in the renewal of the 
permit during the following season. 


PERMITS TO NEW OWNERS. 


REGULATION G-19. Grazing applications, other than for renewal of permit, 
will not be approved if the average number of stock per permit upon the 
Forest or upon the grazing district where the stock are to be grazed is more 
than 20 per cent below the established protective limit number, or if the ap- 
proval of such applications requires a total reduction upon any permit of the 
preceding year of more than 10 per cent in the permit of an owner of improved 
ranch property commensurate with the permitted stock, or more than 20 per 
cent in the permit of a person not owning such property. If a Forest or a 
grazing district is fully stocked the total number of stock to be distributed 
among new applicants and permittees below the protective limit during any one 
year must not exceed 8 per cent of the total number authorized for the year, and 
no new permit will be issued for more than one-half of the protective limit 
number; or, if the average number of stock per permit is less than the protec- 
tive limit established for the Forest or the grazing district, no new permit will 
be issued for more than one-fourth of the protective limit number, nor will 
such permit be issued except for stock which will be fed during the winter 
from the products of the permittee’s ranch, 

Upon fully stocked Forests or grazing districts applications other than for 
renewal of permit will not be considered unless filed with the supervisor six 
months before the beginning of the grazing season. 

Persons who have sold their stock grazed under permit and signed a waiver 
to their preference will not be recognized as new applicants for a period of 
three years from the date of the waiver, except as purchasers of permitted 
stock. (Issued April 25, 1918, to take effect May 1, 1913.) 


Filed six months in advance. 


Applications from new settlers or beginners for grazing privileges on 
Forests or grazing districts which are fully occupied will not be considered 
unless filed with the supervisor at least six months before the beginning of 
the yearlong grazing season. 


Number of stock allowed. 


When the range is fully occupied the total number of stock allowed begin- 
ners in any one year will not exceed 3 per cent of the total allowance for the 
Forest or grazing district. 

Beginners will not be given permits when to do so would involve a reduction 
in the renewal of any permit issued for the previous year which, when combined 
with all reductions for other purposes, will in any one year be greater than 10 
per cent of the permit of an owner of improved ranch property commensurate 
with the permitted stock, or 20 per cent of the permit of a person not owning 
such property. 


Class B beginners. 


The applications of beginners who are in Class B may be approved for the 
number of stock allowed other beginners when there is surplus range, and the 
issuance of a permit will not entail a reduction upon occupants of the range 
or debar Class A applicants. 


When not allowed. 


New applicants will not be granted permits to graze stock within any For- 
est or part thereof where the average number of stock per permit is less than 
80 per cent of the protective limit number. Where this condition exists the fur- 
ther division of grazing privileges among a larger number of persons is a hard- 
ship upon persons already holding permits and detrimental, rather than bene- 
ficial, in its effect upon the local welfare. 


When restricted to one-fourth of protective limit. 


Upon Forests or parts thereof where the average number of stock is between 
80 and 100 per cent of the protective limit number, none but Class A new ap- 
plicants will receive favorable consideration. The number of stock the new 
applicant will be allowed to graze during the first year will be not more than 
one-fourth of the protective limit number; permit will be issued only for stock 


GRAZING. 55 


that is to be wintered upon the products of the applicant’s ranch, and will not 
be renewed if winter feeding is discontinued. Where the average holding per 
permit is so low, the admittance of additional permittees is justified only when 
the new applicants absolutely require limited grazing privileges in order to dis- 
pose of the products of their ranches which can be marketed only by feeding 
them to live stock. 


When restricted to one-half of protective limit. 


Upon Forests or parts thereof which are fully occupied by stock but where 
the average number per permit is above the protective limit none but Class A 
applicants will receive favorable consideration. The maximum number of 
stock they will be allowed to graze the first year is one-half of the protective 
limit number. 


When allowed for fuli protective limit number. 


Upon Forests or grazing districts that are not fully stocked, bona fide Class 
A permittees may be granted permits to graze the full protective limit number 
of stock. If there is surplus range new applicants of Class B, #. e., ranch 
owners grazing more than the protective limit number of stock, may also be 
allowed permits up to the protective limit number, provided that the issuance 
of permits to them will not entail a reduction upon other occupants of the 
range or debar Class A applicants, 

Temporary allowances. 
If after providing for all qualified applicants of Classes A and B there is 


still surplus range, temporary permits may be granted to new applicants of 
Class C. 


GRAZING PERMITS, 
Issuance. 


Upon receipt of notice by the supervisor that the fees have been paid a per- 
mit will be issued and the original, accompanied by the original letter of trans- 
mittal, will be sent to the permittee. 


Permits do not cover private land. 


The permits issued by the Forest Service do not grant authority to graze 
stock upon any except National Forest lands, and the use of private lands and 
valid claims must be with the consent of the owner or claimant. 

The Government is not responsible for the intrusion of permitted stock 
upon private lands. Controversies between the owner of the stock and the 
owner of the land must be settled in the State courts under the State laws. 


Cancellation or revocation of permit. 


REGULATION G-20. Authority to cancel or revoke grazing permits is dele- 
gated to Forest officers under the following conditions: Permits may be can- 
celed by the issuing officer or his successor or official superior upon request or 
with the consent of the permittee, if such cancellation is not detrimental to the 
best interests of the Government. Permits may be revoked for breach of the 
terms of the grazing application or permit or of the rules and regulations, pro- 
vided that the breach thereof is clearly established after the permittee has 
been afforded a reasonable opportunity to show cause why the permit should not 
be revoked, and that the revocation of permit is approved by the district assist- 
ant to the Solicitor, but they may be revoked only by an official superior of the 
issuing officer or in the following general order: Forest rangers’ permits by the 
forest supervisor, forest supervisors’ permits by the district forester, district 
foresters’ permits by the Forester. (Issued April 25, 1913, to take effect May 
1, 1913.) 


Cancellation requires the consent of the permittee and the surrender of the 
permit. Reference to the district office is not necessary, unless by some 
unusual circumstance the permit was authorized or issued by the district 
forester. 

A permit may be revoked for a violation of its terms without the consent 
of the permittee or the surrender of the permit. 

The permittee will be advised of the reasons rendering necessary the revoca- 
tion of a permit, and will be allowed a reasonable time within which to show 
cause why the permit should not be revoked. 


or 
for) 


THE USE BOOK. 
BONDS, 


REGULATION G-21. Whenever it is necessary for the protection of a Na- 
tional Forest, or of the interests dependent upon it, the supervisor may require 
the owners of transient stock or nonresidents of the State or Territory in which 
the National Forest is located or persons who have persistently violated the 
regulations of the Secretary of Agriculture to give good and sufficient bond to 
insure payment for all damage sustained by the Government through violation 
of the regulations or the terms of the permit. (Issued April 25, 1913, to take 
effect May 1, 1913.) 


SETTLEMENT OF CONTROVERSIES. 


REGULATION G22. Whenever there is a dispute between grazing applicants 
for the same area the supervisor will notify them to appear before him at a 
stated time and place to make a statement of their claims. After all evidence 
has been presented the supervisor will decide who shall be granted permits and 
will forthwith notify each party to the dispute of his decision and his reasons 
therefor, which will be final unless written notice of appeal to the district 
forester is given within 10 days thereafter. Upon filing such notice 20 days 
will be allowed for preparation of the case for presentation to the district 
forester. (Issued April 25, 1913, to take effect May 1, 1913.) 


An appeal to the district forester should be prepared in accordance with 
the instructions governing the preparation of appeals, and should be filed in 
duplicate with the supervisor. Pending decision, the party occupying the 
range will be allowed to continue its use, but must remove his stock within 
10 days after receiving notice that the district forester has decided against 
him, unless an appeal is taken to the Forester or the Secretary of Agriculture. ; 
In case of such an appeal the person in possession of the range will be allowed 
to continue its use until a final decision has been rendered. 


APPFALS. 


REGULATION G23. The disapproval of an application for grazing privileges, 
the denial of an increase or the requirement of a reduction in the number of 
stock covered by a permit in its renewal, or the disapproval of a request for a 
certain range allotment by the supervisor shall be considered final unless writ- 
ten request for a reconsideration of the case is filed with the supervisor within 
10 days from the date of the receipt of his decision. The decision of the super- 
visor, after a reconsideration of the case, shall be considered final unless written 
notice of appeal to the district forester is filed with the supervisor within 10 
days from the receipt of his decision. The decision of the district forester under 
this or the foregoing regulation shall be considered final unless written notice 
of appeal to the Forester is filed with the district forester within 10 days from 
the receipt of his decision. Appeal may also be taken to the Secretary of Agri- 
culture from adverse decisions of the Forester and must be presented to the 
Secretary of Agriculture within 30 days from notice of the decision of the 
Forester. Appeal under this or the foregoing regulation to the district forester, 
the Forester, or the Secretary of Agriculture will avail only when it is shown 
by the evidence submitted that the decision is not warranted by the facts or is 
contrary to the grazing regulations or the instructions covering the allotment 
of grazing privileges. (Issued April 25, 1913, to take effect May 1, 1913.) 


Upon receipt of request for a reconsideration of a case, the supervisor will 
furnish the applicant with a copy of the grazing regulations and of the instruc- 
tions upon which he based his decision, upon receipt of which the applicant 
will prepare his formal statement in writing, verify it by oath, and accompany 
it by affidavits of available witnesses. 

When all the evidence in the case has been filed by the applicant with the 
supervisor, the latter will examine the record carefully, and if evidence upon 
material points is lacking he will notify the applicant of the omission and 
advise him that he will be given 10 days additional in which to submit the 
missing evidence. Within 10 days from the date of the filing of the completed 
record the supervisor will prepare a formal decision, discussing each point of 
the applicant’s statement, and stating clearly the regulations and reasons upon 
which his decision is based. 


GRAZING, —- 57 


Should the decision be adverse, the applicant may file written notice with 
the supervisor within 10 days from the receipt of the registered decision, re- 
questing a further consideration of material new evidence. The applicant will 
be advised by registered letter of the action taken upon his request, and if it 
is granted, will submit the additional evidence within the time set by the 
supervisor. If the request is allowed, the supervisor will prepare a final de- 
cision, which will be transmitted to the appellant in a registered letter. If the 
request is refused, or if the supervisor’s final decision is adverse, the appli- 
eant May appeal to the district forester by filing written notice with the forest 
supervisor within 10 days from the receipt of the registered notification. In an 
appeal before the district forester, the applicant and the forest supervisor may 
each file an argument reviewing the previous decisions and the evidence in the 
case. New evidence will not be admitted unless the applicant’s request for the 
consideration of new evidence has been rejected by the supervisor, in which 
event the new evidence may be submitted to the district forester, and, if mate- 
rial, will be considered by him. 


Appeals to district forester. 


When an appeal is taken to the district forester the supervisor will forward 
the complete record in the case to him for consideration. When this is re- 
ceived the district forester will review it and prepare a decision which will 
then be sent by registered mail to the appellant, and a copy transmitted to the 
supervisor. 

The supervisor’s decision will not be reversed unless it is shown to be unwar 
ranted by the facts, the regulations, instructions, or the law. When there is a 
variation in the statements of the supervisor and the appellant, but the pre- 
ponderance of the evidence shows the supervisor to be justified in his action, 
he will be sustained. 

Within 10 days from the receipt of the district forester’s decision, an appeal 
to the Forester may be filed with the district forester. 


Appeals to Forester. 


When a case is appealed to the Forester the applicant may file one additional 
statement reviewing the previous decisions and presenting the argument. The 
district forester will also file a statement. These two statements, together with 
all papers in the case, will be presented to the Forester, and upon them his 
decision will be rendered. 

Appeals from adverse decisions of the Forester may be taken to the Secre- 
tary of Agriculture. Any person availing himself of this privilege must, 
within 30 days from the time he receives notice of the Forester’s decision, file 
with the Forester his petition for review by the Secretary of Agriculture 
Upon receipt of the petition the Forester will submit all the papers to the 
Secretary. 


Examination of records. 


Copies of answers or reports will be furnished the applicant in the discretion 
of the deciding officer. The applicant or his authorized agent may inspect the 
record of the case in the office of the supervisor, district forester, Forester, 
or Secretary of Agriculture, but will not be allowed to remove any papers. 
Statements of witnesses which have been submitted can not be regarded as con- 
fidential if they are considered as testimony. The applicant should be given 
full knowledge of the material facts contained in such statements, and of the 
identity of the witness. Statements submitted in confidence and which must 
be treated as confidential can not be used as the basis for a decision. 


COUNTING ‘STOCK. 


REGULATION G-24. When an owner who has a permit is ready to drive in 
his stock he must notify the nearest Forest officer, by mail or otherwise, stating 
the number to be driven in. If called upon to do so, he must provide for hav- 
ing his stock counted before entering a National Forest, or at any time after- 
wards when the number of stock appears to be greater than the number covered 
by permit. Whenever any stock is removed before the expiration of the per- 
mit it can be replaced by other stock to fill out the number covered by permit 
if the Forest officer is notified of such action at once. (Issued April 25, 1913, 
to take effect May 1, 1913.) 


| 
! 


58 THE USE BOOK. 


Counting corrals will be constructed at convenient points to facilitate compli- 
ance with this regulation, and an actual count will be made wherever possible 
without serious interference with the proper handling of the stock. 

Where cattle or horses are driven to Forest ranges from the feed lots or 
winter ranges a count may be made at points of entry designated by the 
Forest officers. 

Counting in the feed lots can be done at a time when it will interfere little 
with a ranger’s duties. If the number for which application is submitted is 
less than the number in the possession of the applicant at the time the count 
was made, he may be required, on entering the Forest, to show what disposition 
has been made of the balance. An applicant who refuses to allow his stock 
to be counted in a feed lot may be required to arrange for a count before 
entering the Forest or to round-up at any time thereafter. 


DAMAGE TO ROADS, TRAILS, OR SPRINGS. 


REGULATION G—25. Each person or group of persons granted grazing permits” 


‘must repair all damage to roads or trails caused by the presence of their stock 


in any portion of a National Forest, and build any new roads or trails found 
necessary for the proper handling of their stock. They must also fence any 
spring or seep which is being damaged by the tramping of their stock, and, if 
required by the supervisor, must pipe the water into troughs for watering stock. 
Such troughs must be open for public use. (Issued April 25, 1913, to take effect 
May 1, 1913.) 


BEDDING SHEEP AND GOATS. 


REGULATION G-26. Sheep and goats must not be bedded more than six 


‘nights in suecession in the same place, except when bedding bands of ewes 


during lambing season; and must not be bedded within 300 yard of any run- 
ning stream or living spring, except in rare cases where this restriction is 
clearly impracticable. (Issued April 25, 1913, to take effect May 1, 1913.) 


DISPOSITION OF CARCASSES. 


REGULATION G-27. The carcasses of all animals which die on the National 
Forest from contagious or infectious diseases must be burned and the carcasses 
of all animals which die in the close vicinity of' water must be removed imme- 
diately and buried or burned. (Issued Apri! 25, 19138, to take effect May 
1, 1913.) 


SALTING STOCK. 


REGULATION G-28. Whenever the Forest officers require it, all stock grazed 
under permit must be salted regularly at such places and in such manner as 
they may designate. (Issued April 25, 1913, to take effect May 1, 1913.) 


Salting is required as a means of Forest protection, and the regulation will 
be enforced to as great an extent as the interests of the Forest demand. 

A person who refuses, upon request, to salt his stock will be liable to a redue- 
tion in permit number during the following year. If his disregard is con- 
tinued, and results in damage to the range, he may be denied further privi- 
leges. Obviously, where natural licks occur, salting will be unnecessary. 


QUARANTINE AND LOCAL LAWS. 


REGULATION G-29. All stock which is grazed under permit in, or allowed 
to cross, any National Forest will be required to conform to the quarantine 
regulations of the Secretary of Agriculture, and all live-stock laws of the State 
or Territory in which the National Forest is lecated. Forest officers will co- 
operate with State or Territorial officers, so far as they can without undue inter- 
ference with their regular Forest work, to enforce local laws for the protection 
of stock, and will promptly inform the State officials of all violations dis- 
covered. (Issued April 25, 1913, to take effect May 1, 1913.) 


Whenever the stock in any locality is known to be infected with a contagious 
disease, or notice to that effect has been given the Forester or district forester 


GRAZING, 59 


by the Bureau of Animal Industry, the owners of all stock to be grazed in 
National Forests must, if required to do so, subject the stock to inspection, 
and, if found necessary, have such stock dipped or otherwise treated before it is 
allowed to enter. If at any time during the period for which a grazing permit 
has been issued the stock is found to be infected with a contagious disease, it 
must be dipped or otherwise treated in accordance with the instructions of the 
inspectors of the Bureau of Animal Industry, or the permit will be canceled and 
the stock removed from the National Forests. 

The owners of all stock grazed under permit must comply with the live-stock 
laws of the State or Territory. Rangers will report at once any violation of the 
live-stock laws, and will assist the stock owners to protect their property against 
loss by theft. 


STRAY OR UNBRANDED STOCK. 


The ownership of all stray or unbranded stock upon the National Forests will 
be determined by the laws of the State or Territory in which the Forest is 
located. Persons legally entitled to acquire title to stray or unbranded stock 
may be allowed to do so, but no permit or agreement should be granted or 
entered into by any Forest officer which authorizes a charge to be made for the 
gathering of such stock or its sale by the person or persons who have gathered 
or captured it. 

The owners of all branded animals which are captured with unbranded stock 
will be required to make application for permit and pay the grazing fees upon 
them. Stray or unbranded stock, if not claimed, will be held, and the State or 
Territorial authorities requested to take charge of it or authorize the Forest 
officer to dispose of it in accordance with the State or Territorial law. 

The construction of corrals or pastures for use in capturing wild unbranded 
stock may be allowed under the rules governing other special uses of the 
National Forest. 


PART IV.—CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER, 


CLAIMS. 
INITIATION OF CLAIMS ON NATIONAL FORESTS. 


Claims can be initiated upon lands within National Forests, or upon lands 
withdrawn for National Forest purposes, only under the mining laws, the coal- 
jJand laws, and the act of June 11. 1906. But claims of any description within a 
National Forest initiated prior to the withdrawal of the lands, or their inclusion 
therein, may be perfected and patents obtained by compliance with the law 
under which such claims were initiated. : 


SQUATTERS’ CLAIMS. 


Squatters who settled upon National Forest land before its withdrawal and 
who have maintained residence thereon, improvements, and cultivation in good 
faith since settlement, and who are awaiting public survey to make entry, have 
the same right to occupy and enjoy their holdings as homestead entrymen. 

Such a settler must make entry of the land claimed within three months 
from the filing of the township plat in the local land office for the district within 
which such land is situated. Failure to do so may forfeit his prior right of 
entry. 

No rights can be initiated in this way upon land which has been withdrawn 
for or ineéluded in a National Forest. 

A posted notice of claim to a tract of land is not the basis of title, and where 
actual residence in pursuance of an intention to remain is relied upon as the 
basis, failure to-maintain it may result in the forfeiture of the claim. Squatters 
may, at their option, await public survey or apply for the examination of their 
lands that they may be opened to entry under the act of June 11, 1906 (34 
Stat., 233). ‘ 

RELINQUISHMENT OF CLAIMS. 


REGULATION I-41. No Forest officer shall, except as hereinafter provided, 
request a homestead entryman to relinquish his claim or suggest for any reason 
whatsoever that such a course is desirable. If any homestead entryman volun- 
tarily offers to relinquish his claim, the Forest officer may suggest that the 
relinquishment be transmitted to the local land office, but shall not encourage 
this to be done. Forest officers who receive by mail relinquishments from 
claimants must return the same, with the suggestion in every case that if the 
entryman desires to relinquish he should send the relinquishment to the local 
land office. No Forest officer shall be a party to a compromise whereby any 
claims or trespass case is settled by requiring the claimant to relinquish a 
claim to the United States. 

When relinquishments are offered which cover lands needed for administra- 
tive purposes, and when it is desired to pay the claimant for improvements 
thereon, a recommendation, accompanied by the reasons in each specific case, 
shall be submitted to the Forester, who may authorize the purchase of the 
improvements upon the filing of the relinquishment in the local land office. 
(Issued December 19, 1911. to take effect February 1, 1912.) 


EXAMINATIONS AND CONTESTS. 


The administration of the National Forests is a duty imposed upon the 
Secretary of Agriculture by law. In order properly to discharge that duty, it 
is necessary that he ascertain the status of all lands within the National 
Forests. The examination of claims within National Forests by Forest officers 
is made primarily in furtherance of this object. The information thus obtained 


60 


CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 61 


is, aS a matter of Government economy, placed at the disposal of the Secretary 
of the Interior, upon whom rests the responsibility for determining the title to 
all lands within the National Forests. 

It is not the purpose or intent of the department to initiate contests against 
claimants who have entered lands in the National Forests in good faith to 
secure a home or for other purposes recognized by law. It is the purpose and 
intent to protect the lands of the United States within the National Forests 
from acquisition by those who do not seek them for purposes recognized by law, 
and when it is apparent that an entry or a claim is not initiated in good faith 
and in compliance with the spirit of the law under which it is asserted, but is 
believed from the facts to be a subterfuge to acquire title to timber lands, or 
to control range privileges, water, a water-power site, or rights of way, or if it 
otherwise actively and materially interferes with the essential interests of the 
National Forest in that locality and is not made or maintained in good faith, 
a contest will be recommended, even if the technical requirements of the law 
appear to have been fulfilled. 


DEFINITION OF A VALID CLAIM. 


A yalid claim is one initiated in good faith under some act of Congress for 
the acquisition of title to public lands. It is a fundamental requisite that all 
claims be initiated in good faith for the purpose contemplated by the law under 
which they are held. It is bad faith, for instance, to hold a mining or agricul- 
tural claim primarily for the timber thereon. Where the land is held for the 
timber, for a hotel site, saloon site, or other foreign use, and there has been no 
compliance with the requirements of the law under which the claim was initi- 
ated, it is considered prejudicial to public interests. 


EXAMINATION: OF MINERAL CLAIMS. 


Prospecting is not interfered with, and mineral locations will not be examined 
prior to application for mineral patent, except where a report is requested by 
the Department of the Interior, or where locations interfere with the adminis- 
tration of the National Forest. No adverse report will be submitted to the 
Department of the Interior which has not been made by a mineral examiner. 


FREE USE OF TIMBER FOR DEVELOPMENT OF MINERAL CLAIMS. 


The locator or subsequent owner of a mining claim has a right to the use 
of sufficient timber from his claim for development purposes, such as timber 
for shafts and tunnels. ‘Timber, however, may not be cut from one claim to 
be used on another claim, even if it be of the same group, unless its use tends 
to develop the claim from which it is cut, as well as the one on which it is 
used, except under free-use permit. 

Free-use permits are granted to bona fide miners and prospectors who may 
not reasonably be required to purchase, and who have not on their own claims a 
sufficient or practically accessible supply of material for the purposes named in 
the law. (See Reg. S—20, p. 30.) 

A mining claimant has no right whatever to cut or remove timber from his 
claim for sale or for purposes other than the development of the claim. 


SETTLEMENT. 
NATIONAL FOREST HOMESTEAD ACT. 


REGULATION L-50. The act of June 11, 1906, authorizes the Secretary of 
Agriculture to examine and ascertain the location and extent of lands within 
permanent or temporary National Forests which are chiefly valuable for agricul- 
ture, and which, in his opinion, can be occupied for agricultural purposes with- 
out injury to the National Forests and which are not needed for public pur- 
poses, to the end that they may be listed with the Secretary of the Interior for 
opening to settlement and entry under the act and homestead laws. The ex- 
amination and listing of such lands are optional with the Secretary of Agri- 
culture and may be made either independently or on application. (Issued 
December 19, 1911,.to take effect February 1, 1912.) 

REGULATION L-51. Applications for the examination and listing of lands 
under the act of June 11, 1906, must be in writing, must be dated, and must be 
signed by the applicant. If the tract applied for is covered by a public-land 


62 THE USE BOOK. 


survey, it must be described by reference to subdivision, section, township, 
and range within which it is located. If the tract is not covered by a public- 
land survey, it must be described by reference to natural objects, streams, or 
improvements with sufficient accuracy to identify it. Applications must be filed 
with the district forester of the district in which the tract applied for is 
situated. An application which is not in the form prescribed above will be re- 
turned to the applicant for correction. Priority of application will be deter- 
mined by the order in which applications are filed with the district forester 
in the form prescribed herein. (Issued December 19, 1911, to take effect 
February 1, 1912.) 

REGULATION L—52. The Secretary of Agriculture will not consider the quali- 
fication under the homestead laws of applicants for the examination and list- 
ing of lands under the act of June 11, 1906. (Issued December 19, 1911, to take 
effect February 1, 1912.) 

REGULATION L—53. The rejection by the district forester of an application 
for the examination and listing of lands under the act of June 11, 1906, shall 
be final unless the applicant shall within 30 days after receipt of the district 
forester’s decision, in which will be stated the grounds for such rejection, file 
with the district forester a petition for review of such decision by the Forester. 
The affirmance by the Forester of the district forester’s decision shail be final 
unless within 60 days after notice of such affirmance the applicant shall file 
with the Forester a petition for review of his decision by the Secretary of Agri- 
eulture. Every petition for review provided for in the regulation shall state 
the grounds upon which it is based, and shall be accompanied by a full, clear, 
and succinct statement of all the material facts in the case, together with such 
argument as the petitioner may care to submit. (Issued December 19, 1911, to 
take effect February 1, 1912.) 

The act of June 11, 1906 (384 Stat., 233), known as the National Forest 
homestead act, provides for the acquisition by qualified entrymen of agricul- 
tural lands within National Forests. This act is in effect an extension of the 
general provisions of the homestead laws to agricultural lands within National 
Forests, with the essential difference that the land must be classified by the 
Secretary of Agriculture as chiefly valuable for agriculture, and that no com- 
mutation is allowed. 


CLASSIFICATION OF AGRICULTURAL LANDS, 


The National Forests are being classified as rapidly as possible to segregate 
the lands chiefly valuable for agriculture, and make them available for home — 
seekers. Wherever considerable bodies of such lands are found, they are either 
eliminated from the Forest or are listed with the Secretary of the Interior, to 
be opened to entry under the Forest homestead act. The bulk of the agricul- 
tural land in the National Forests occurs as seattered individual tracts along 
‘strenms, the bottom of ravines and swales, and on narrow benches and on the 
base of slopes. These scattered tracts, which may be used to build up a home, 
are sought out and settlement encouraged. Home seekers may apply for tracts 
which may seem to them to offer the opportunity for a farm. These areas 
applied for are given the preference in the classification work, and are exam- 
ined as expeditiously as possible. If found chiefly valuable for agriculture and 
not needed for public purpeses, they are listed with the Secretary of the Interior 
to be opened to entry. 

The use and occupaney of the agricultural lands in the Forests is desired 
from every standpoint. Every added home helps in the upbuilding of the coun- 
try. The Forests are to serve the people in the permanent development of homes 
and industries. In addition. the settler is a great help—practically a necessity— 
in the protection and development of the Forest itself. Every strip of cleared 
land is a fire break; every ranch is a vantage point to prevent and fight fires; 
every settler may become a Forest protector. 


ADDITIONAL HOMESTEAD RIGHTS TO CERTAIN SETTLERS. 


The act also gives an additional homestead right of entry upon lands which 
have been listed as chiefly valuable for agriculture, to settlers upon such lands 
on January 1, 1906, who, prior to the passage of the act, had exercised or lost 
their homestead rights, but who are otherwise competent to enter under the 


CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 63 


homestead laws. Such entrymen must comply with the provisions of the home- 
stead law and must in addition pay $2.50 per acre for the lands entered. 


, SQUATTERS’ SPECIAL PRIVILEGES. 


Squatters who settled upon unsurveyed land before its withdrawal for a 
National Forest and who have complied with the general homestead law have 
the same right to occupy and use their holdings as homestead entrymen, and 
may, at their option, await survey or apply for the examination of their lands 
under the act of June 11, 1806. Squatters who settied on unsurveyed National 
Forest land after its withdrawal but prior to January 1, 1906, may apply for 
the examination of their iands under this act; but application for listing must 
be made within 30 days after notification by the Ferest Service. Upon the ac- 
eeptance of their applications for listing, squatters who settled on unsurveyed 
National Forest land prior to January 1, 1906, may oceupy their tracts without 
permit pending the opening of the land to entry under this act. Squatters may, 
under the general homestead law, include in their claims 160 acres after the 
land is surveyed. Therefore if the land is occupied for agricultural purposes by 
squatters who settled upon it prior to its withdrawal, the examination will be 
made with a view to listing the entire tract settled upon, if not exceeding 160 
acres, provided the whole tract as a farm unit is chiefly valuable for agriculture. 


NO SETTLEMENT BEFORE OPENING. 


This act does not authorize any settlements within National Forests, except 
upon lands which have been opened to settlement under its provisions. 


OPENING LANDS TO ENTRY. 


While the Secretary of Agriculture may list agricultural lands of any area 
within National Forests, such lands will be opened to entry by the Secretary of 
the Interior in contiguous tracts not exceeding 160 acres in area and not exceed- 
ing 1 mile in length. Any tract not exceeding 160 acres contained within a 
square mile, the sides of which extend in cardinal directions, is within the 
meaning of the phrase ‘1 mile in length.” A list of the lands opened to entry 
is posted in the local land office and is published for a period of not less than 
four weeks in a local newspaper. 


PREFERENCE RIGHTS OF SETTLEMENT AND ENTRY. 


The act provides that the person upon whose application the land is examined 
and listed, if a qualified entryman, shall have the preference right of entry. 
unless there was a bona fide settler on the land prior to January 1, 1906, who 
has not abandoned the same, in which event the settler, if a qualified entryman, 
shall have the preference right. To exercise this preference right, application 
to enter must be filed in the local land office within 60 days after the filing of 
the list in that office. 


FILING IN LOCAL LAND OFFICE, 


Persons having preference rights under the act of June 11, 1906, may file 
their entries at the local land office at any time within 60 days after notice is 
published that the land has been listed in the local land office and before the 
land is open to entry. If, when the land is open to entry, the applicant having 
a preference right has failed to file his entry, it will be subject to entry by the 
first qualified person to make application at the local land office. Except as 
expressly provided in the act, title to the land may then be acquired under the 
same conditions as are prescribed by the general homestead laws for public land 
outside the National Forests. (See also *‘ Permits on Forest Lomesteads,” p. 69.) 


THREE-YEAR RESIDENCE SUFFICIENT: 


Final proof of an entry under this act may be made in accordance with the 
provisions of the three-year homestead entry law. 


64 THE USE BOOK. 


OCCUPANCY UNDER SPECIAL* USE PERMIT NOT RESIDENCE. 


The Secretary of the Interior, by letter of January 12, 1910, ruled that the 
provision of section 1 of the act of June 11, 1906, which allows settlers credit 
for residence on lands covered by their entries, has reference to settlement 
initiated prior to the date of the act only, and that residence under permit 
issued by the Forest Service prior to the opening of the lands to settlement in 
the manner prescribed by the act is not occupancy of lands within the meaning 
of the homestead law and will not be credited as a part of the residential period 
required to secure patent. 


APPLICATIONS, FORWARDED TO DISTRICT FORESTER. 


Applications for the examination and listing of agricultural land under the 
Forest homestead act should be addressed to and filed with the district forester 
(see location of district headquarters, p. 16), and, when received by forest 
rangers or forest supervisors, will be immediately referred to the district 
forester. Forest supervisors and district rangers will furnish application 
blanks, Form 253, to prospective applicants upon request. 


APPLICANT TO ACCOMPANY EXAMINER, 


Whenever possible it is best for the applicant to see the examiner and discuss 
with him any facts which tend to establish the value of the land for forest or 
for agricultural purposes, and accompany him during the survey and exami- 
nation, Since final action can be taken only by the Secretary of Agriculture, 
the examiner will not give the applicant any information regarding his recom- 
mendations. When the application covers unsurvyeyed land, and the description 
is somewhat indefinite, it is particularly desirable to have the applicant present 
when the survey and examination are made, in order that the examiner may be 
eertain that he is examining the land for which the applicant intended to apply. 
When the applicant is present at the time of examination, and learns, upon the 
survey being made, that he has not described in his application the land for 
which he intended to apply, he may make an amended application, which must 
be addressed to and filed with the district forester, and a copy may be at once 
given to the examiner, who will then, without waiting for further instructions, 
examine and report upon the lands covered by the amended application. 


SURVEY PLAT AND ‘NOTICES. ON UNSURVEYED LAND. 


The law provides that any entryman desiring to obtain patent to any lands 
described by metes and bounds, entered by him under the provisions of this 
act, may, within three years of the date of making entry, file with the re- 
quired proof of residence and cultivation a plat and field notes of the lands 
entered, made under the direction of the United States surveyor general, show- 
ing the boundaries of such lands, which shall be marked by monuments on the 
zround. <A copy of the plat, together with a notice of the time and place of 
offering proof, must be posted in a conspicuous place on the land itself during 
the period prescribed by the law for the publication of the entryman’s notice 
of intention to offer proof, and another copy posted in the lecal land office 
for a like period. Proof showing compliance with the provisions of the act 
of June 6, 1912 (87 Stat., 128), may be submitted after the expiration of three 
years from the date of establishing permanent residence. 


SURVEY WITHOUT EXPENSE TO ENTRYMAN,. 


Under a cooperative plan effected between the Department of the Interior 
and the Department of Agriculture, the original listing survey may be made by 
a Forest officer designated by the surveyor general. Surveys made under this 
agreement, when approved, will be accepted as the final survey for the issuance 
of patent. Designated Forest officers may also make surveys for patent at the 
time when proof is to be offered. Such surveys are made without charge to the 
applicant. Application for survey should be made by letter to the supervisor 
of the Forest in which the homestead is located or to the district forester of 
the district. 


CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 65 


FREE USE OF LANDS RECOMMENDED FOR LISTING. 


Applicants who appear to have the preference right of entry under the act 
may secure without charge a permit for the agricultural use of that portion of 
the land which has been examined and which, in the opinion of the supervisor, 
is chiefly valuable for agriculture and not needed for public use, provided that 
the land is not adversely claimed under settlement made before its withdrawal, 
or after its withdrawal and before January 1, 1906. 

Free permits for the occupancy and use of agricultural land which is recom- 
mended for listing will be issued only under the following conditions: 

(1) When the applicant wishes to occupy the land which has been examined 
and favorably reported upon, pending its listing and opening to entry under the 
act of June 11, 1906. 

(2) When the applicant is doubtful of the agricultural possibilities of the 
land and desires an opportunity to ascertain whether crops can be raised on it 
before using his homestead right. 

When a strip of land for a road right of way has been excluded from an 
area recommended for listing, the applicant upon whose application land has 
been examined, or the entryman on the area listed. may be issued a free agri- 
cultural permit for the use of the excluded strip, so long as it is not needed for 
road purposes. 

Free special use permits for the occupation of agricultural land are termi- 
nated when the land is listed. 


REVIEW OR REEXAMINATION, 


The determination of whether land applied for under the act of June 11, 
1906, is chiefly valuable for agriculture is entirely a question of fact and raises 
no question of law which can be made the basis for an appeal. When an appli- 
eant believes that a rejection of his application by the district forester is not 
justified by the facts he may file with the district forester within 30 days after 
notice to him of the decision and the grounds therefor a petition for a review 
of the facts and, if necessary, for a reexamination of the land applied for. 
Wf the district forester adheres to his decision the applicant may file with the 
district forester within 30 days after notice of the second rejection of the 
application a petition to the Forester for a review of the decision and, if 
necessary, for a reexamination of the land applied for. If the Forester affirms 
the decision of the district forester the applicant may within 60 days after 
notice of the decision of the Forester and the reasons therefor file with the 
Forester a petition to the Secretary of Agriculture for a review of the case. 
All applications for review should be accompanied by affidavit of the applicant 
or of other competent witnesses fully stating the facts on which the applicant 
bases his contention that the land applied for is chiefly valuable for agricul- 
ture. The decision of the Secretary of Agriculture will be final. 


INDIAN ALLOTMENTS. 


REGULATION 1-54. All applications by Indians for allotments of lands 
within the National Forests under section 31 of the act of June 25, 1910 (36 
Stat., 853), which are submitted to the Secretary of Agriculture in order that 
he may determine whether the land applied for is more valuable for agriculture 
or grazing than for the timber found thereon must be made in the form pre- 
scribed by the regulations of the Secretary of the Interior governing Indian 
moet on National Forests. (Issued April 25, 1913, to take effect May 

4 5) 


TOWN SITES. 


Lands in National Forests embraced in valid settlements, made before the 
withdrawal of the land from entry and the creation of the Forest, may, unless 
abandoned, be entered and patented undex the town-site laws without regard to 
the period which has elapsed after their settlement or after the establishment 
of the Forest and without the necessity of eliminating the town-site area from 
the National Forest. 


2268°—13 


5 


66 THE USE BOOK. 


When it is desired to establish a new town on lands within a National 
Forest under the town-site laws a petition should be addressed to the district 
forester. An investigation will be made under his direction to ascertain 
whether it is necessary to use the lands for town-site purposes. An approved 
area will be excluded from the National Forest by Executive order to enable 
the applicants to proceed under the town-site laws and the regulations of the 
Department of the Interior. 


SPECIAL USES. 
REGULATIONS. 


REGULATION I-31. All uses of National Forest lands and resources, except 
those specifically provided for in regulations governing water power, timber 
sales, timber settlement, the free use of timber, and grazing, will be designated 
“special use.” Permits for special uses, except for the excavation of antiquities 
under the act of June 8, 1906, and except for the lease of lands under the act of 
February 28, 1899, may be granted, extended, and renewed by the Forester, the 
district forester, or the forest supervisor, with such conditions as to area, time, 
charges, and other requirements as may be provided for by these regulations or 
as may be deemed necessary to protect the National Forests. Permits for the 
excavation of antiquities and for the lease of lands under the act of February 
28, 1899, will be granted and revoked only by the Secretary of Agriculture. 
Permits for sale of wild hay may be granted by Forest officers designated by the 
forest supervisor. Special-use permits, except for the excavation of antiquities, 
and except for the lease of lands under the act of February 28, 1899, may be 
revoked by the Forester or the district forester and not by the supervisor. 
Applications for permits for special uses shall be made to the supervisor of the 
Forest within which the lands or resources are situated. Appeal will lie in the 
first instance to the district forester, from his decision to the Forester, and 
from his decision to the Secretary of Agriculture in all matters covered by 
these special-use regulations. (Issued March 18, 1911, to take effect May 1, 
1911.) 

REGULATION I-82. No charge will be made for the following classes of 
special-use permits: 

(a) Excavation of antiquities under the act of June 8, 1906. 

(b) Agricultural use by applicants having preference rights under the act of 
June 11, 1906. 

(c) Schools, churches, and cemeteries. 

(d) Cabins for use of miners, prospectors, trappers, and stockmen in connee- 
tion with grazing permits, provided that stockmen’s cabins used during the 
entire year as headquarter ranches will be classified as. residences and charged 
for accordingly. 

(e) Corrals, stock tanks, and drift fences in connection with grazing permits. 

(f) Dipping vats where no toll is charged. 

(g) Inclosures allowed under Regulation L-37. 

(h) Sawmills sawing principally timber obtained from the National Forests. . 

(i) Conduits and reservoirs for irrigation or mining or municipal water 
supplies. 

(j) Roads and trails (which must be free public highways). 

(kx) Logging railroads and tramways hauling timber obtained principally 
from the National Forests. 

(1) Telephone lines with free use and free connection by Forest Service. 

(m) Telegraph lines with free use of poles for stringing Forest Service tele- 
phone lines. 

(n) Stone, earth, and gravel used for projects constructed under permit. 

(p) Small advertising signs which also serve as guideposts. 

(Issued March 18, 1911, to take effect May 1, 1911; as amended October 21, 
1912.) : 

REGULATION L-38. The occupancy and use of National Forest land or re- 
sources under a special-use permit, except as provided in Regulation L-32, shall 
be conditioned upon the payment of a charge, which, unless otherwise authorized 
by the Secretary of Agriculture, shall be based upon the following rates: 


CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 


67 


Kinds. 


Agricultural 


Rates per annum. 


$0. 25 to $1 per acre; not under $2 for 
any permit. 


Explanation. 


Not over 160 acres to any one permit- 
tee. (Free to preferred applicants 
under act of June 11, 1906. 


WMESIIAG aoc Se alc ars on Minimum, $5; 10 cents per hive for | 1 to 3 acres. 
each hive over 50; hives to be 
, counted in March each year. 
(Oo) ST Sc: CONDOS Sone as San weae eed ionnea eels 1 acre or less. (Free to trappers, 


Dipping vats (toll vats)-....- 
Gravel 


SIDEO S20 So tein Selaraicidein ow or sce eae 

$0.02 per cubic yard; not under $2 
for any permit; special rates on 
area basis. 


miners, and prospectors, and to 
stockmen in connection with graz- 
ing permits.) 

2 acres or less. 

Free for projects constructed under 
permit. 


PmiCuhane 52.2 = 22-5 ---5-- $0.20 to $0.50 per acre; not under $2 

for any permit. 

Hotels and road houses...... SION So0 see ce cece eee se eee 1 to 3 acres. 

Se UB aac ee ce Re IS, Sea ae Ue oe 1 acre. 

TG Sk ee | $0.04 to $0.25 per acre; not under $2 | Not over 320 acres to any one permit- 

| for any permit. tee. (Charge is in addition to regu 
lar grazing fee.) 

COUNT iS i eos 121 CORO ee Sere eee nee No charge for logging railroads haul- 
ing timber obtained principally 
from the National Forests. 

PRP PEIROS ah orcs c\sjere <i weie.- = 1 to 3 acres. 

Pie anne ise Sa 1 to 3 acres. 


1 to 10 acres. (No charge for mills 


Sawmills, under 20,000 feet 
sawing principally Government 


sper day, sawing princi- 


» pally private timber. timber.) 
Sawmills, over 20,000 feet 
~“per day, sawing princi- 
.\ pally private timber. 
Slaughterhouses.....-.-.-.-- 1 to 3 acres. 
epee | SO 0) S10 cose nels oo cc nes ssed-ce = os -= 2 acres or less (without hotel features). 


--| 2.acres or less. 

| No charge for tramways conveying 
timber obtained principally from 
the National Forests. 


- Within the maximum and minimum rates established herein the forest su- 
pervisor will determine the rate to be charged in each case. 

Rates for special uses not herein provided for shall be determined by the dis- 
trict forester in each case, and such rates shall be consistent with the rates 
herein established for similar special uses. 

Compensation for the use of lands under the act of February 28, 1899, for 
hotels and dwellings adjacent to mineral and medicinal springs shall be deter- 
mined by the Secretary of Agriculture. 

In case of abandonment and issuance of new permit any payments made upon 
the original permit may apply on the new permit, in the discretion of the dis- 
trict forester. (Issued March 18, 1911, to take effect May 1, 1911; as amended 
February 18, 1913.) 

REGULATION I-34. In serious emergencies for the protection of life or prop- 
erty National Forest material may be taken without previous permit, provided 
2 permit for the material so used and for the special use involved is subse- 
quently secured at the earliest opportunity. (Issued March 18, 1911, to take 
effect May 1, 1911.) 

REGULATION I-35. The forest supervisor may, in his discretion, issue per- 
mits to any road district, county, person, or corporation for the free use of tim- 
ber, stone, and other National Forest products for the construction and main- 
tenance of roads or trails within National Forests, without prejudice to any 
free-use application they may make in the same year for material for other 
purposes, when such roads or trails are of sufficient public benefit to justify the 
free use. When the public benefit does not justify such free use the permittee 
must pay for all merchantable timber cut or destroyed upon the lands occupied 
under permit, under timber-settlement regulations, or if timber outside such 
lands is required, under timber-sale regulations. (Issued March 18, 1911, to 
take effect May 1, 1911.) 

REGULATION L-36. Wagon roads over National Forest lands may be con- 
structed, changed, widened, or repaired without permit by States or counties. 
With this exception, permits are necessary for the construction of all wagon 
roads over such lands. Trails may be constructed without formal permit if 


68 THE USE BOOK. 


done with the consent and under the supervision of a Forest officer, except that 
in the National Forests of Alaska such consent and supervision will not be re- 
quired. No toll shall be charged for the use of roads or trails over such lands, 
constructed under the authority of the Secretary of Agriculture, and the same 
shall be open to free public use at all times. (Issued March 18, 1911, to take 
effect May 1, 1911.) 

REGULATION L-87. Persons who own or have leased from the owners un- 
fenced lands adjoining National Forest lands may, upon waiving their right 
to the exclusive use of such private land and allowing it to remain open to 
other stock grazed on National Forest lands under permit, be permitted without 
charge to inclose and use not to exceed 320 acres of National Forest land, when 
such an arrangement will be advantageous to the administration of the Na- 
tional Forest. 

The application must be accompanied by a personal certificate of title show- 
ing the description and ownership of the land, and if leased from an owner, a 
copy of the lease, and must describe the National Forest land it is desired to 
occupy. Permits will be subject to the same restrictions as those issued under 
other regulations. (Issued March 18, 1911, to take effect May 1, 1911.) 


HOW TO APPLY FOR SPECIAL-USE PERMIT. 


An application for a special-use permit need not be in any prescribed form. 
but may be made orally or by letter to the supervisor of the Forest or the 
ranger of the district concerned. yt 

The Forest officer will need to know: 

(1) The kind of use for which a permit is desired. 

(2) The approximate location which the applicant desires to occupy. This 
may be expressed by forty, section, township, and range, or by description with 
reference to a road, trail, stream, or well-known landmark. A right of way 

muy be described by giving the location of the terminal points, the direction 
in which it extends, and, if possible, the subdivisions of survey to be crossed 
by it. , 
(3) The date when the applicant desires to begin occupation or construction. 

If the use is one for which a charge is made, the applicant will receive, with 
the permit, a form letter of transmittal showing the amount of money due. 
This letter should be forwarded promptly, with a money order or draft for 
the sum stated, to the United States depository named in the form. 


BONDS. 


As a general rule, bonds will not be required in connection with special-use 
permits. 

Because of the danger from fire or from stream pollution, an exception to 
this rule is made in the case of steam sawmills, and bonds will be required as 
follows: 


Little cairieae Se oo Bien ela. ee 2 oe ee $300 
Considerable ‘danger tte +.4_ 22-520. Se ee ee 500 
Arent danger a2. . Bak’ = see ie eens ad fee See ee 1, 000 


TENURE OF PERMITS. . 


There is no law authorizing the lease of National Forest lands for a term 
of years, except the act of February 28, 1899 (30 Stat., 908), providing for the 
lease of lands adjoining mineral springs, but permits to occupy National Forest 
lands for any purpose not inconsistent with their administration may be issued 
for an indefinite period, and will ordinarily remain in force until abandoned 
or canceled. All special-use permits issued by supervisors are’ terminable at 
any time in the discretion of the district forester. 


ANCIENT RUINS AND RELICS. 
Appr opriating, excavating, injuring, or destroying any historic or prehistoric 


ruin or monument or any object of antiquity without permit is probibited by 
specific act of Congress. 


CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 69 


- Svecial-use permits for the purpose of examining ruins, excavating archso- 
logical sites, or gathering objects of antiquity on National Forest lands may be 
obtained without charge, but are subject to special rules and regulations. (See 
National monuments, p. 80.) 


HOTELS’ AND DWELLINGS ADJACENT TO MINERAL SPRINGS. 


Areas adjacent to mineral or medicinal springs suitable for the erection 
thereon of sanitariums. hotels, or temporary dwelling houses may be leased, 
under tke act of February 28, 1899 (30 Stat., 908), for such periods and upon 
such terms as to duration and compensation as may be anew by the Secre- 
tary of Agriculture. 


SPECIAL USE ON ADMINISTRATIVE SITES. 


National Forest lands selected for administrative purposes may be used. 
under special-use permits, as any other National Forest lands, as long as the 
special use does not prevent or interfere with the administrative use. Pros- 
necting which does not interfere with administrative use is allowed without 
formal permit. 


TELEPHONE AND TELEGRAPH LINES. 


Special-use permits are necessary for the construction and operation of all 
telegraph and telephone lines on National Forests, even though they may be 
built along county roads. An easement may be obtained, or not, as desired. 
(See Easements, p. 70.) 
bY 


SPECIAL USES ON CLAIMS. 


The owner of an unperfected claim will be required to obtain a permit for 
funy use of the Inand which is not in furtherance of the purposes for which the 
land was appropriated. Such a case would be the erection of a summer resort 
on a mining claim. No permit will be granted another person to occupy any 
part of any unabandoned claim until the consent of the claimant to such use 
is obtained. Ii both cases the permit will be conditioned on the payment of 
the charges fixed by Regulation L-33 (p. 66). 


PERMITS ON FOREST HOMESTEADS. 


All persons who settled on agricultural lands in National Forests before 
January 1, 1906, and have not abandoned their claims, may, if qualified, perfect 
title under the Forest homestead act, and in the meantime may occupy and 
enjoy their holdings without permit. Other applicants under the act, who ap- 
pear to have the preference right of entry under that act, may be issued per- 
mits without charge for the agricultural use of so much of the land applied 
for as, in the opinion of the supervisor, is chiefly valuable for agriculture, pro- 
vided that the land is not adversely claimed under settlement made before its 
withdrawal, or after its withdrawal and before January 1, 1906. 


DRIFT FENCES. 


Drift or division fences may be allowed under permit when they will facili- 
tate National Forest administration, and will not interfere with the full use of 
the range by all who are equitably entitled to it. 


Free use of materials. 


Whenever drift fences are needed for the better control of stock grazed under 
permit, all forest material needed for use in their construction may be fur- 
nished from the National Forest free of charge, and in cases where the cir- 
cumstances justify it the necessary wire and staples may also be furnished, 
if the stockmen using the range are willing to construct such fences with the 
understanding that they will become the property of the United States. 


70 THE USE BOOK. 


CORRALS. 


Permits for corrals covering an area of not more than 1 acre may be issued 
without charge when necessary for the proper handling of permitted stock. 


PASTURES, 


The construction of inclosures may be allowed when necessary fer the proper 
handling of permitted stock. Only such area, not to exceed 320 acres, shall be 
allowed as is necessary in each individual case. Pasture permits allow ex- 
clusive possession during the entire year, but do not convey the right to graze 
stock within the inclosure, except in connection with and during the period 
covered by the grazing permit. Stock exempt from fee may be allowed to 
graze within a pasture during the yearlong period. 

Inclosures will be allowed: 

(a) To pasture saddle horses, milch or work animals, graded or pure-bred 
stock, and bulls or rams. 

(6) To pasture beef or stock cattle which are being gathered and held just 
previous to their removal from the Forest, and to pasture calves which are be- 
ing weaned. 

(c) To give settlers who live upon lands either within or on the border of 
a National Forest the exclusive use of adjoining pasture lands during the por- 
tion of the year when needed for protection against other stock. 

(d@) Without charge in exchange for a waiver of exclusive use of private 
lands adjoining National Forest lands when such an arrangement will be ad- 
vantageous to the administration of a National Forest. (See Reg. L-87.) 


STOCK TANKS. 


Permits for the construction of stock watering tanks may be issued free of 
charge to grazing permittees, provided that all stock grazed under permit upon 
the range are allowed access to the water. The inclosure of not more than 40 
aeres in connection with the watering place may be allowed, for which the usual 
pasture charge will be made. The inclosure of existing sources of water supply 
will not be allowed. 


GAME PRESERVES AND FISH CULTURE. 


No permits will be issued for game preserves or any use of land which would 
result in preventing or restricting lawful hunting or fishing in National Forests. 

Permits for the exclusive use of land for reservoirs for fish culture may be 
issued if the land applied for does not involve a natural lake or natural stream 
bed. 


EASEMENTS. 


The following rights of way, amounting to easements across National Forest 
lands are provided for by Congress and are under the jurisdiction of the 
Secretary of the Interior: 


Railroad grants. 

The act of March 3, 1875 (18 Stat., 482), in so far as it is extended over 
National Forests by the act of March 3, 1899 (30 Stat., 1214), grants rights of 
way for railroads. 

Grants for irrigation works. 

The act of March 3, 1891 (26 Stat., 1095), as amended by the act of May 11, 
1898 (30 Stat., 404), grants rights of way across the public lands and National 
Forests for irrigation reservoirs and canals. 

Grants for municipal and mining purposes. 

Section 4 of the act of February 1, 1905 (33 Stat., 628), grants rights of way 
in National Forests for reservoirs, conduits, and water plants for municipal and 
mining purposes. 

Applications filed in local land office. 

All applications for rights of way under the foregoing acts must be filed in 

the proper local land office of the Department of the Interior. 


CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. fi 


RIGHTS OF WAY UNDER SPECIAL-USE PERMIT. 


Rights of way can also be obtained from the Department of Agriculture under 
special-use permit. These can not be transferred and are terminable in the 
discretion of the Secretary. They usually cost much less, however, for surveys 
and maps. : 


APPLICANT MAY CHOOSE FORM OF PERMIT. 


Application may be made for either an easement or a special-use permit, or 
for both, as the applicant may choose. The granting of an Interior Department 
right of way supersedes the permit issued by the Department of Agriculture. 
Hither form of permit requires the applicant to enter into such stipulations and 
execute such bonds as the Forest Service may require for the protection of the 
National Forests. 


WATER POWER. 


The National Forests are situated chiefly within the mountainous sections of 
the West and have within their boundaries numerous streams of continuous 
large discharge on which are found sites for storage reservoirs. ‘They therefore 
contain water powers of great value, the aggregate capacity of which is esti- 
mated at 12,000,000 horsepower. 


POWER MAY BE DEVELOPED UNDER PERMIT. 


Lands useful in connection with water-power development are open to occu- 
pancy for such purposes, and it is the policy of the department to encourage 
power development in so far as this can be done under conditions which safe- 
guard the interests of the public. The right to occupy these lands with reser- 
voirs, conduits, power-house sites, or other works may be obtained under the act 
of Congress approved February 15, 1901 (31 Stat., 790). 


POLICY IN REGARD TO REVOCATION. 

While this act expressly provides that any permit granted under it is subject 
to revocation at any time by the Secretary, nevertheless it is not the policy of 
the department to revoke permits within a period of 50 years if the permittee 
observes the conditions under which the permit is granted. 


PURPOSE OF REGULATIONS. 


Permits are granted under general regulations which the law authorizes the 
Secretary to make. Under. these regulations the department seeks to prevent 
the appropriation of water-power sites for speculative purposes; to secure 
prompt and full development; to prevent monopoly; and to secure a reasonable 
compensation to the Government for the use of the land occupied and the 
beneficial protection given to the watershed. 


HOW TO OBTAIN SPECIFIC INFORMATION. 


The regulations and detailed instructions respecting the procedure that must 
be followed in order to obtain a permit may be obtained on application, either to 
the Forester or to any of the district foresters. (See list of district headquar- 
ters on p. 16.) 


PART V.—PROTECTION OF THE NATIONAL FORESTS. 
FIRE DANGER. 


Fire is an ever-present danger on the National Forests. The great size of 
the Forests compared with the size of the patrolling force, the difficulty of 
reaching remote areas across miles of wilderness, the dry air and light rainfall 
in parts of the West, the prevalence of lightning in the mountains, and the 
constant use of fire in the daily life of the people and in the industries all com- 
bine to make the hazard exceptional. - 

Among the chief causes of fire are. railroads, lightning, campers, slash burn- 
ing, incendiarism, and steam sawmills. The great fires of August, 1910, which 
swept northern Idaho and western Montana, destroyed many millions of dollars 
worth of timber and 85 human lives and cost the United States $839,000 for fire 
fighting. Like all other great conflagrations, these began with small fires which 
were fanned into fury by gales of wind. A small fire may at any time spread 
into a ccaflugration, and fires, matches, and burning tobacco should be used as 
carefully in the forest as they are in the home. Carelessness in this respect 
may mean the loss of lives, homes, stock, and forage, and of a vast amount of 
timber which belongs equally to all citizens. , 

Fires may start in a region remote from supplies and water and reach 
vast proportions before a party of fire fighters can get to the scene, no matter 
how promptly the start is made. By far the best plan, therefore, is to pre- 
vent fires rather than to depend upon fighting them once they start. This sub- 
ject has been given the most earnest attention by the Forest Service. During 
the danger season the main attention of supervisors and rangers is devoted to 
preventing fire. Extra men are employed, the Forests are systematically pa- 
trolled, and a careful lookout maintained from high points. Roads and trails 
are so built that every part of the Forest may be quickly reached with pack 
animals. Tools and food for fire fighters are stored at convenient places. The 
ranger stations and lookout points are connected with the offices of the super- 
visors by telephone, so that men may be quickly assembled to fight a dangerous 
fire which the patrolman can not subdue alone. 

The cooperation of all Forest users is earnestly sought in the work of pre- 
venting fire by informing the nearest forest supervisor or ranger of any fire 
which may be discovered. 


FIRE TRESPASS. 


REGULATION T-1. The following acts are prohibited on lands of the United 
States within National Forests: 

(a) Setting on fire or causing to be set on fire any timber, brush, or grass: 
Provided, however, That this regulation shall not be construed to prohibit the 
building of necessary camp fires or other fires for domestic or manufacturing 
purposes. 

(b) Building a camp fire in leaves, rotten wood, or other places where it is 
likely to spread, or against large or hollow logs or stumps, where it is difficult 
to extinguish it completely. 

(c) Building a camp fire in a dangerous place, or during windy weather, 
without confining it to holes or cleared spaces from which all vegetable matter 
has been removed. 

(d) Leaving a camp fire without completely extinguishing it. (Issued 
August 5, 1911, to take effect September 1, 1911.) 


The act of June 4, 1897, authorizes the Secretary of Agriculture to make 
rules and regulations for the protection of the National Forests and provides 


72 


PROTECTION OF THE NATIONAL FORESTS. ie 


that any violation of such rules and regulations shal] be punishable by a fine 
of not more than $500, or imprisonment for not more than 12 months, or both. 
The Secretary, in the exercise of this authority, promulgated Regulation T-1 
to insure care with fires and thus protect National Forest resources. 

Section 52 of the act of March 4, 1909 (35 Stat., 1088), provides a fine of not 
more than $5,000, or not more than two years’ imprisonment, or both fine and 
imprisonment, for willfully setting on fire or causing to be set on fire any 
timber, underbrush, or grass upon the public domain or for leaving or suffering 
a fire to burn unattended near any timber or other inflammable material. 

Section 53 of the same act provides a fine of not more than $1,000, or not 
more than one year’s imprisonment, or both fine and imprisonment, for failure 
to totally extinguish a fire built in or near any forest, timber, or other inflam- 
mable material upon the public domain before leaving it. 

Offenders can be prosecuted under either of these acts. The United States, 
having all of the legal remedies of a private citizen, can, in addition to criminal 
prosecution, bring civil suit to recover damages for loss by fire. 


INNOCENT AND WILLFUL TRESPASS. 


Cases in which fire spreads after all reasonable precautions are taken, or 
where the fire is entirely the result of accident, will be considered innocent, and 
only actual or compensatory damages will be demanded. 

All eases where fires are set maliciously, or allowed to spread through gross 
carelessness or neglect, or in violation of any Federal or State law, are willful, 
and criminal prosecution will be instituted as well as action for damages. 


DESTRUCTION OF TIMBER NOT THE ONLY DAMAGE, 


.It is evident from the purposes and uses of the National Forests that the 
destruction of mature standing timber is not the only actual damage done by 
fire for which compensation may be claimed. Injury or destruction of smaller 
trees, fit for posts or fuel, young seedlings or saplings of all species, forage, 
and the productivity of the soil are all losses which the courts have recognized. 
Damage to a watershed is a loss no less real but more difficult to estimate. 


REWARDS. 


Provided Congress continues to make the necessary appropriation or authorize 
the payment thereof, the Department of Agriculture will pay the following 
rewards: 

First. Not exceeding $250 and not less than $50 for information leading to 
the arrest and conviction of any person, in any United States court, on the 
charge of willfully and maliciously setting on fire, or causing to be set on fire, 
any timber, underbrush, or grass upon the lands of the United States within a 
National Forest. 

Second. Not exceeding $100 and not less than $25 for information leading 
to the arrest and conviction of any person, in any United States court, on the 
charge of building a fire on lands of the United States within a National 
Forest, in or near any forest timber or other inflammable material, and 
leaving said fire before the same has been totally extinguished. 

These rewards will be paid to the person or persons giving the information 
leading to such arrests and convictions upon presentation to the Department of 
Agriculture of satisfactory documentary evidence. 

All officers and employees of the Department of Agriculture are barred from 
receiving reward for information leading to the arrest and conviction of any 
person or persons committing either of the above offenses. 

The Department of Agriculture reserves the right to refuse payment of any 
claim for reward when, in its opinion, collusion or improper methods have 
been used to secure the arrest and conviction thereunder and to allow only one 
reward where several persons have been convicted of the same offense or 
where one person has been convicted of several offenses, unless the circum- 
stances entitle the claimant to a reward on each such conviction. 

Application for reward should be forwarded to the Forester, Washington, 
D. G, but a claim will not be entered unless presented within three months 
from the date of conviction of an offender. 


74 THE USE BOOK. 


In order that all claimants for reward may have an opportunity to present 
their Claims within the prescribed limit, the department will not take action for 
three months from date of conviction of an offender. The above is applicable 
to offenses committed since July 1, 1910. 


COOPERATION IN ENFORCING STATE FIRE LAWS. 


REGULATION G&G. A.—6. All Forest officers will cooperate with State officials, so 
far as practicable, to enforce State laws for the prevention and extinguishment 
of forest fires. When authorized to do so by the proper State officers, they will, 
without additional pay, act as fire wardens with full power to enforce the local 
laws. (Issued August 12, 1912.) 


FIRE-PROTECTION COOPERATIVE AGREEMENTS. 


REGULATION G. A.—7. The Forest Service shall, whenever possible, and is 
hereby authorized to, enter into such agreements with private owners of timber, 
with railroads, and with other industrial concerns operating in or near the 
National Forests as will result in mutual benefit in the prevention and suppres- 
sion of forest fires: Provided, That the service required of each party by such 
agreements shall be in proportion to the benefits conferred. (Issued August 
12,1912.) 

TIMBER TRESPASS. . 

REGULATION T-2. The following acts are prohibited on lands of the United 
States within National Forests: " 

(a) The cutting, killing, destroying, girdling, chipping, chopping, boxing, 
injuring, or otherwise damaging, or the removal of any timber or young tree 
growth, except as authorized by law or regulation of the Secretary of Agricul- 
ture. 

(b) The damaging or cutting, under any contract of sale or permit, of any 
living tree before it is marked or otherwise designated for cutting by a Forest 
officer. 

(c) The removal from the place designated for scaling, measuring, or count- 
ing of any timber cut under contract of sale or permit until scaled, measured, or 
counted and stamped by a Forest officer. 

(d) The stamping, except by a Forest officer, of any timber belonging to the 
United States, either with the regulation marking tools or with any instrument 
having a similar design: Provided, That timber lawfully cut from public land, 
which is subsequently included within a National Forest, may be removed within 
a reasonable time after the inclusion of such land in a Forest: Provided further, 
That the term “timber” as used in this regulation shall be deemed and taken 
-to mean trees of a character or sort that may be used in any kind of manu- 
facture or the construction of any article or for fuel. (Issued August 5, 1911, 
to take effect September 1, 1911.) 


TIMBER DEPREDATIONS ON NATIONAL FORESTS. 


Section 50 of the act of March 4, 1909 (35 Stat., 1088), as amended by section 
6 of the act of June 25, 1910 (86 Stat., 857), makes it a criminal offense, pun- 
ishable by a fine of not more than $500, or imprisonment for not more than one 
year, or by both fine and imprisonment, to unlawfully cut, or aid in unlawful 
cutting, or to wantonly injure or destroy, or procure to be wantonly injured 
or destroyed, any tree, growing, standing, or being upon any land of the United 
States which has been reserved or purchased for any public use. 


BOXING TIMBER FOR TURPENTINE, ETC. 


By section 51 of the penal code (act of March 4, 1909, 35 Stat., 1088), the 
cutting, chipping, chopping, or boxing of any tree upon National Forest and 
other Government land, or upon any land covered by or embraced in any un- 
perfected settlement, application, filing, entry, selection, or location, made un- 
der any law of the United States, for the purpose of obtaining from such tree 
any pitch, turpentine, or other substance, or knowingly encouraging, causing, 
procuring, or aiding in such cutting, chipping, chopping, or boxing, or buying, 
trading for, or in any manner acquiring the product so obtained with knowl- 


PROTECTION OF THE NATIONAL FORESTS. 75 


edge that it was unlawfully obtained, is a criminal offense punishable by a fine 
of not more than $500, or imprisonment for not more than one year, or by both 
fine and imprisonment. 


TIMBER CUTTING ON UNPERFECTED CLAIMS, 


Timber can not be cut upon an unperfected claim beyond the extent neces- 
sary for its actual development or for uses not consistent with the purpose for 
which the claim was initiated, or from one mining claim for use upon another, 
where such use does not tend directly to develop the claim from which the timber 
is cut. 

When National Forest timber is threatened with trespass, and no warning 
will serve to restrain the trespasser, an injunction may be obtained to protect 
National Forest interests. 


INNOCENT AND WILLFUL TRESPASS. 


Tf, at the time the cutting was done, the trespasser, after the exercise of due 
diligence to ascertain from official sources the ownership of the land or his 
rights therein, was unaware that he was not lawfully entitled to the timber, the 
act will be considered an innocent trespass. If cutting occurs beyond the 
boundaries of patented land through bona fide mistake, or trespass has been 
committed on account of any other bona fide error of fact or in ignorance of 
the rights of the United States, the trespass will be considered an innocent one. 
Where these conditions do not exist, the trespass will be considered willful. 
While the men who do the actual cutting may legally be held for the trespass, 
proceedings will ordinarily be directed against the corporation, company, or 
individual by whose direction and for whose benefit the cutting was done. In 
ciyil cases the employer is liable for the willfulness of the employee, if he knew 
of the trespass and took no means to stop it, or, if after the trespass was com- 
mitted, he knowingly approved it or adopted it by receiving the fruit of the tres- 
pass, or whenever he employed persons.to do the cutting knowing them to be 
eareless, reckless, and unreliable. 

When the trespass is innocent, the measure of damage will be the value of 
the timber after it was cut at the place where it was cut. 

Where the purchaser of timber cut in innocent trespass is held for damages, 
the measure will be the value of the timber after it was cut at the place where 
it was cut. If the timber is purchased from a willful trespasser, without 
knowledge of the trespass, the value will be determined as of the time of such 
purchase. 

When the trespass is willful, the measure of damages will be the value of the 
timber in its condition when and where found. If, when a willful trespass is 
discovered, the trees are felled, the assessed damage will be the stumpage plus 
the cost of felling; if they are cut into logs, the cost of bucking will be added, 
and, if found at the mill, the cost of both bucking and hauling will be added. 
If the logs have passed through the mill the current value of the lumber will 
be the basis for assessing damages. 

Where the purchaser of timber cut in trespass is held for damages, the 
measure will be the value of the material at the time and place it is found, if it 
was purchased from a willful trespasser with full knowledge that the timber 
was cut in trespass. 


DAMAGE TO YOUNG GROWTH, ETC. 


If in addition to the cutting and removal of Government timber, the tres- 
passer, by careless felling or logging, has done avoidable damage to young 
growth or timber left standing, an estimate of the money value of this loss will 
be made and included in the assessed damages. Merchantable timber wasted 
in high stumps, leng tops. or left in the woods will, of course, be included in 
the scale. 


SEIZURE OF TIMBER CUT IN TRESPASS. 


Seizure, or recaption, is the right of a person to retake his property in a 
peaceable manner .wherever he finds it. Forest officers, as agents of the Goy- 
ernment, may seize timber cut in trespass wherever found, even though it may 
be upon patented land at the time. If there is grave danger that the timber 
cut in trespass will be removed beyond recovery by the United States, all 
material belonging to the Government will be seized. 


76 THE USE BOOK, 


Timber cut in trespass may be seized, although manufactured into lumber 
and in the hands of an innocent purchaser and upon patented land. It is within 
the right of the United States to seize buildings or other improvements, either 
on Government or patented land, when such improvements are constructed 
wholly or in part from timber cut in trespass. 

Where a trespasser wrongfully mingles Government timber or lumber with his 
own, either the whole mass may be seized and held until the amount lawfully 
owned by the claimant is proved by him, or, if the amount taken from the 
Government land is known, an equal amount of the commingled mass may be 
seized. 

The forest officer making the seizure will post notices on the material seized 
and the trespasser and any witnesses to the act will be warned against its 
removal. 

Material seized will not be stamped ‘“‘ U. S.”’ until the case is settled and the 
material released. 


GRAZING TRESPASS. 


REGULATION T-3. The following acts are prohibited: 

(a) The grazing upon or driving across any National Forest of any live stock 
without permit, except such stock as are specifically exempted from permit by 
the regulations of the Secretary of Agriculture, or the grazing upon or driving 
across any National Forest of any live stock in violation of the terms of a 
permit. 

(b) The grazing of stock upon National Forest land within an area closed to 
the grazing of that class of stock. 

(c) The grazing of stock upon an area withdrawn from use for grazing pur- 
poses to protect it from damage by reason of the improper handling of the 
stock, after the receipt of notice from an authorized Forest officer of such with- 
drawal and of the amendment of the grazing permit. (Issued August 5, 1911, 
to take effect September 1, 1911.) 


REMOVAL OF STOCK. 


Upon the discovery of grazing trespass the owner of trespassing stock will be 
ordered to remove it at once, or, if the situation is urgent, the Forest officer 
may remove the stock in any way that does not injure it physically. 

Permitted stock may be removed from any portion of the Forest not allotted 
to it, but the permit can not be canceled or the stock removed from the area 
allotted to it without authority from the district forester. 

Forest officers may drive unpermitted stock from any portion of the Forest 
upon discovery of its presence, or they may allow the owner or herder a reason- 
able time to remove it; but if he refuses to do so the person in charge of the 
stock may be arrested and the stock removed from the Forest by the Forest 
- officers. 


OCCUPANCY TRESPASS. 


REGULATION T-4. The following acts are prohibited: 

(a) Squatting upon National Forest land or making settlement thereon, ex- 
cept in accordance with the act of June 11, 1906, entitled “An act to provide 
for the entry of agricultural lands within forest reserves.” ‘ 

(b) Constructing or maintaining any kind of works, structure, fence, or in- 
closure; conducting any kind of business enterprise or carrying on any kind of 
work on National Forest land without a permit, except as otherwise allowed by 
law or regulation, and except upon a claim for the actual use, improvement, and 
development of the claim consistent with the purposes for which it was 
initiated. 

(c) The willful tearing down or defacing of any notice of the Forest Service 
posted within a National Forest. ‘ z 

(d) Having or leaving in an exposed or insanitary condition on National 
Forest lands camp refuse or débris of any description, or depositing on National 
Forest lands, or being or going thereon and depositing in the streams, lakes, or 
other waters within or bordering upon the National Forests any substance or 
substances which pollute or are liable to cause pollution of the said streams, 
lakes, or waters. 

(e) The going or being upon lands of the United States within a National 
Forest with intent to destroy, molest, disturb, or injure property belonging to 


PROTECTION OF THE NATIONAL FORESTS. cat 


the United States, or used by the United States in the administration of the 
National Forests. (Issued August 5, 1911, to take effect September 1, 1911; 
paragraph (d) being an amendment of December 11, 1911, and paragraph (e) 
an amendment of August 6, 1912.) 


WHAT CONSTITUTES OCCUPANCY TRESPASS. 


The use of the National Forest land without permit for any purpose for 
_ which special-use permits are required constitutes occupancy trespass. Travel- 
ing, temporary camping, hunting, surveying, or prospecting may be carried on 
without permit, and camp wood and forage for steck used in connection with 
such projects may be taken free of charge. 
Since the United States has all the civil rights and remedies for trespass 
possessed by private individuals, it may bring action to recover damages result- 
ing from trespass or breach of contract. 


ACTION TO STOP TRESPASS. 


If the trespasser is engaged in constructing ahy building or other structure 
on National Forest land, he will be notified by a written order to suspend 
work. In aggravated cases it is within the authority of a ranger to seize im- 
provements constructed on National Forest land. 


PROPERTY TRESPASS. 


The unauthorized appropriation, damage, or destruction of property of the 
United States used in the administration of the National Forests constitutes 
a trespass. : 

RECOVERY OF FOREST SERVICE PROPERTY. 


Forest officers may, without special instructions, seize Forest Service prop- 
erty wrongfully taken wherever it is found. Seizure may be made when it 
ean be done peaceably, and whenever necessary to prevent the Government 

_ property from being sold, damaged, destroyed, or removed beyond recovery. 


BOUNDARY MARKS. 


Destroying, defacing, changing, or moving any corner, meander post, monu- 
ment, or bench mark, or cutting down any blazed line or witness tree on any 
Government line or survey is prohibited by specific act of Congress, providing 
a penalty of fine or imprisonment,.or both. 

The instructions require that the boundary lines of every Forest and the 
boundaries of private lands within the Forests shail be located and marked 
for the information of the public in order to prevent trespass and to simplify 
the administration of the Forest. 

In timber the boundary lines are marked by blazes and Forest Service 
boundary posters. Boundary posters with the proper description are placed at 
all corners and at intersections with trails, roads, and streams, and ridges. 
The posters face outward from the Forest. In parks where there is no timber 
upon which the notices can be tacked posts are set. Stone monuments are often 
used and also printed and stenciled signs giving needful information. 

Many thousands of miles of the most necessary parts of Forest boundary 
have been thus located and marked. The remaining portions will be marked as 
necessity arises, and as money and men become available. 


SETTLEMENT OF TRESPASS CASES. 


REGULATION T—5. The district foresters are authorized to settle all cases of 
innocent or unintentional civil trespasses where the total value of the Forest 
products injured, taken, or destroyed is not in excess of $100. (Issued August 
5, 1911, to take effect September 1, 1911.) 

REGULATION T-6. Settlement of all innocent or unintentional civil trespasses 
where the total value of the Forest products injured, taken, or destroyed is in 
excess of $100 will be effected by the Secretary of Agriculture. All willful civil 
trespasses, or those involving injury to the lands of the United States, separate 
and apart from the taking, injury, or destruction of Forest products, and all 


78 THE USE BOOK. 


criminal trespasses will be reported to the Secretary of Agriculture for reference 
to the Attorney General for action. (Issued August 5, 1911, to take effect Sep- 
tember 1, 1911.) : 


CIVIL CASES. 


A Forest officer, upon discovering a trespass. will take such immediate steps 
us are necessary to protect the National Forest or United States property from 
injury or loss, and report all the facts to the supervisor. 

If the supervisor is of the opinion that trespass has been committed, he will, 
except in cases of property and criminal fire trespasses, inform the trespasser 
by registered mail, or in person, of the trespass, and that he will be allowed a 
definite time from receipt of notice in which to make a sworn statement of the 
circumstances of the trespass and his estimate of the damages sustained by the 
Government, and that such statement will be considered in the determination 
of the actual damages sustained by reason of the trespass. 

Whenever practicable the supervisor will meet the trespasser and talk the 
matter over with him. } 

After consideration of the trespasser’s statements the supervisor will supple- 
ment the Forest officer’s report by his own findings as to the damage sustained 
by the Government. and particularly as to the mnocence or willfulness of the 
trespass, and send both to the district forester, who will consult the legal ad- 
viser of the district. 

If the case is one of innocent or unintentional trespass and the total value 
of the forest products injured, taken, or destroyed is not in excess of $100, 
the approval of the case for action by the law officer will be followed by the 
preparation of a letter to the trespasser. In this letter the district forester 
will inform the trespasser of the sum due the United States because of his 
trespass, as determined by him, and that, upon payment of this amount and 
the fulfillment of such conditions as may be necessary to protect the National 
Forest. the case will be closed. <A letter of transmittal (Form 861) for the 
amount due, signed by the district forester, will accompany the letter. If 
after the expiration of a reasonable time the payment has not been received 
the entire case will be referred to the district legal adviser, who will write a 
second letter to the trespasser calling attention to his failure to pay the amount 
due. If the trespasser fails or refuses, after receipt of the second letter, to 
make settlement as required, the case will be forwarded to the Solicitor at 
Washington for submission to the Attorney General for the institution of civil 
suit. : 

CRIMINAL CASES. 


Settlement of or institution of suit to recover damages resulting from a 
trespass in a National Forest does not bar a criminal prosecution for the 
trespass, and the Secretary of Agriculture can not accept settlement made on 
the condition that no such prosecution will be instituted; nor has the Secre- 
tary power to dismiss a pending prosecution. 


ACTION WHERE ARREST IS NECESSARY. 


In willful and flagrant cases where immediate action is necessary in order 
to protect the Forest from damage or to prevent the escape of the trespasser, 
the ranger will place the trespasser under arrest if he is detected in the act of 
committing trespass, or if not so detected will first procure a warrant for his 
arrest. He will immediately take the trespasser before the proper United 
States commissioner, swear to a complaint, and hold the trespasser for disposi- 
tion according to the instructions of the commissioner. (See Authority of 
Forest officers, p. 18.) 


PROTECTION OF WATER SUPPLY. 


REGULATION G. A.-8. For the purpose of protecting water supplies of towns, 
cities, and irrigation districts, the use of National Forest lands will be restricted 
by the Secretary of Agriculture, with such conditions as to reservations from 
other uses of the land and to assistance to be given the Forest Service by the 
town or city in establishing special protective measures as may be deemed neces- 
sary or advisable. Such use will be granted under formal agreement between 
the Secretary of Agriculture and the properly authorized official of the town, 
city, or irrigation district. (Issued August 12, 1912.) 


° 


PROTECTION OF THE NATIONAL FORESTS. 79 


IMPORTANCE OF PROTECTION. 


Undoubtedly the greatest value of the mountain ranges of the West, most of 
which are within National Forests, lies in their influence upon the regularity of 
the water supply. In many of the States the mountains afford the only water 
supply for domestic use, for irrigation. and for the development of power. The 
future development of the entire region, therefore, will depend upon the amount 
of water and the manner in which it flows from the mountains. 

The vegetative covering has a very decided infiuence on run-off. For this 
reason Congress made the preservation of conditions favorable to stream flow 
one of the principal objects in the establishment and administration of the 
National Forests. 


COOPERATIVE AGREEMENTS. 


To insure the sufficiency and purity of the water supply of a municipality or 
of an irrigation district, or to prevent floods and snowslides, the use of water- 
sheds for grazing, timber, special uses, or settlement will be specially restricted 
by the Secretary when such restriction is necessary. Applications for such 
restrictions should be made to the forest supervisor by city authorities or by 
petition of asscciations of interested citizens. 'The supervisor will submit a 
complete report upon application, paying particular attention to the need and 
reasonableness of the restrictive measures requested, and the effect which the 
proposed restrictions will have upon established industries. 

The watersheds tributary to many of the larger western cities and towns are 
under special protection by the Forest Service. Under Regulation T-4 (D) it is 
possible to maintain such sanitary control of them as will greatly reduce the 
danger of typhoid and other enteric diseases. 


STIPULATIONS IN PERMITS AND CONTRACTS. 


It is the duty of every Forest officer before granting a permit for any use of 
the National Forests to consider its effect on the water supply, and when 
necessary to incorporate in the permit or contract stipulations which will afford 
-protection from possible injury. 


PROTECTION OF GAME, FISH, AND BIRDS. 


REGULATION G-—30. All Forest officers will cooperate with State or Terri- 
torial officials, so far as they can without undue interference with their regular 
Forest work, to enforce local laws for the protection of birds, fish, and game. 
When properly authorized to do so they will act without additional pay as 
deputy game wardens with full power to enforce local laws, but may not 
accept any fees or rewards or parts of fines on account of the enforcement of 
State game laws. Forest officers and employees may, however, accept any 
bounties voluntarily offered by any State or county or any association or in- 
dividual for the destruction of predatory wild animals. (Issued April 25, 
1913, to take effect May 1, 1913.) 


Wild game adds materially to the enjoyment of the National Forests by the 
public, and the preservation of game animals, birds, and fish is a public 
duty. This duty, however, rests primarily with the State. It is incumbent 
upon the Forest Service, under the act of May 28, 1908, to render all reason- 
able assistance in the protection of game within the National Forests, but 
the Service must be governed in its enforcement of the game laws by the 
attitude of the State officials. Furthermore, such assistance must be sub- 
ordinated to the regular protective and administrative work of the Forest 
Service. 


GAME AND BIRD REFUGES. 


Four different classes of game and bird refuges may be included within 
the National Forests: National game refuges, or areas in which the killing 
of game animals is prohibited by acts of Congress; national bird refuges, or 
areas in which the killing of birds is prohibited by acts of Congress; State 
game preserves, or areas in which the killing of game is prohibited by the 
legislature of the State or Territory; and protected areas, or areas closed to 


80 THE USE BOOK. 


the grazing of all classes of stock in order to protect game in its natural 
feeding or breeding grounds, but where hunting is allowed by the State laws. 
(See Protection of game, fish, and birds, p. 79.) 


NATIONAL MONUMENTS. 


The act of June 8, 1906, provides for the protection of objects of historic 
and scientific interest on lands controlled by the United States, and authorizes 
the President to create, by proclamation, National Monuments for their pres- 
eryation. The act also authorizes the Secretary of the Interior, on behalf of 
the United States, to accept deeds of gift of privately owned lands containing 
such objects. Some of the objects which may properly be reserved under this 
act are cliff-dwellings, pueblo ruins, ancient rock paintings, unique topographic 
or geologic features, historic landmarks, or groves of rare trees in danger of 
destruction. When such objects are located within the boundaries of a 
National Forest, the Forest Service will confer with the Bureau of American 
Ethnology of the Smithsonian Institution regarding their historic or scientific 
interest before recommending their inclusion within a National Monument. 

Under the act of Congress, National Monuments can be explored or occupied 
only under permit granted by the Secretary of the department having jurisdic- — 
tion of the land. Permits may be issued for the examination of ruins, the ~ 
excavation of archeological sites, and the gathering of objects of antiquity, 
to institutions properly qualified to carry on such work, provided the work is 
undertaken for the benefit of reputable museums, universities, colleges, or 
other recognized scientific or educational institutions, and that the collection 
shall be made for permanent preservation in public museums. 

Copies of the uniform Rules and Regulations approved by the Secretary of 
War, the Secretary of the Interior, and the Secretary of Agriculture will be 
furnished upon application to the Forester. Washington, D. C. 


ro ow whe 


PART VI.—COOPERATION, DIFFUSION OF INFORMATION, ETC. 
‘ASSISTANCE TO PRIVATE OWNERS OF TIMBERLAND. 


TECHNICAL ADVICE. 

One of the principal means of assisting private owners is in the preparation 
and distribution of publications on forestry. When information contained in 
publications will not meet the exact needs of an owner the Forest Service en- 
deavors to give him specific advice by correspondence, especially in regard to 
tree planting. 

In a limited number of cases the Forest Service is prepared to supply owners 


‘with detailed advice regarding the practice of forestry based upon examina- 


tions of their tracts. 

Applicants whom the Service can not help directly are supplied with a list of 
private or consulting foresters, and, if their State has a forester, with his name 
and address. 

Owners who desire to obtain planting stock, either seeds or young trees, with 
which to reforest waste lands or establish farm wood lots or windbreaks, are 
supplied with lists of dealers in such stock. 

The Forest Service can not assist owners in: 

(1) Preparation of detailed estimates of standing timber and working plans 
for large commercial timber holdings. 

{2) Preparation of scientific data or furnishing expert advice of any kind for 
use in litigation. 

(3) Supervision of cutting or planting operations. 

(4) Furnishing seed or planting stock, with the exception of residents in the 
Kinkaid district, Nebraska. 

(5) The care of ornamental trees or groves, or the management of forests 
where the owner is chiefly interested in the landscape feature rather than in 
the practice of forestry for wood production. 

(6) Procuring or- disposing of stumpage in connection with large commercial 
operations, except National Forest stumpage. 

Those who desire technical advice or assistance from the Forest Service 
should make application to the Forester at Washington, D. C., or to the nearest 
district forester, stating the kind of assistance desired. 


COOPERATIVE EXAMINATIONS. 


Cooperative examinations of private timberlands are restricted mainly to 
States not equipped to furnish their citizens with expert advice and to the 
smaller timber holdings within such States. The majority of tracts examined 
range in area from 5 to 300 acres. 

Unless half a dozen or more examinations can be made at the same time, 
the expense incident to the work would scarcely be justified. As a rule an 
applicant is asked to interest several of his neighbors within the same or 
adjoining counties to make joint application with himself. 

Cooperative examinations for private owners are made by the Service in 
accordance with the following terms: 

The Forest Service pays the salary of its expert while engaged upon the 
examination. The owner pays his traveling and living expenses. Where sev- 
eral examinations are made within the same region, the total expenses are 
apportioned among the respective owners. Applicants for assistance are re 
quired to deposit in advance a sum sufficient to cover the estimated expenses, 


with the understanding that any unexpended balance of the deposit will be 
refunded at the completion of the work. 


2268° —13——6 81 


82 THE USE BOOK. ‘2 


No examination will be made by the Forest Service unless the owner expresses 
a readiness to take definite steps toward improved management of his forest 
lands and agrees to carry out, as far as he finds practicable, the recommenda- 
tions contained in the report prepared for him. It is also understood that the 
owner will furnish reports from time to time as requested by the Seryice on 
the work done, its cost, financial returns, and actual results. 


COOPERATION WITH STATES, ETC. 


In addition to direct cooperation with private owners, the Forest Service will 
make special cooperative arrangements, as far as its resources permit, with 
States, agricultural colleges, boards of trade, and similar organizations for the 
purpose of interesting small owners in the practice of forestry. Such coopera- 
tion may take the form of organizing forestry clubs among private owners or 
of furnishing an expert to conduct field examinations under the direction of 
the cooperator. 


INVESTIGATIONS OF FOREST PRODUCTS. 


The Forest Service maintains at Madison, Wis., a laboratory at which are 
conducted pbysical, mechanical, and chemical investigations of the properties of: 
wood and other Forest products. Statistical studies are. also made relating 
to the production, value, and uses of various woods. The aim is to promote 
the economical production and use of all Forest products. 


COOPERATION WITH COMPANIES, ORGANIZATIONS, AND iNDIVIDUALS. 


The cooperation of the wood-using interests most directly concerned with 
the solution of the problems is sought. 

The exact terms of cooperation and desirability of undertaking such coopera- 
tion will be determined for each specific case in accordance with the following 
general policy: 

(1) Whenever practicable those especially interested in the imyestigation to 
be undertaken will furnish all or part of the material necessary for the work. 

(2) Investigations of patented or proprietary processes, materials, or articles 
will be undertaken only when the results of the investigations are needed by the 
Service or will be of general public benefit. 

(3) The design, construction, and operation of commercial plants in wood 
preservation, wood distillation, kiln-drying, or similar work may be undertaken, 
provided the plant is to be used, at least for a time, for experimental work for 
the purpose of gaining information of which the Service is in need. If the 
Service would gain no new information from the operation of such a plant its 
design, construction, and operation will not be undertaken, but all available 
information, including the designs and specifications for standard plants which 
may have been prepared, will be made accessible to the inquirer. In such cases 
the Service may also refer applicants to consulting engineers, and may indicate 
what should be the approximate cost of the plans and specifications desired, 
and when requested to do so may inspect such plans when prepared, and even 
at times detail a representative to demonstrate at the plant improved 
of operation. 

(4) The Service may, on request, make examinations of the methods of in- 
dividuals, companies, or corporations in handling Forest products, and prepare 
plans for the improvement of such methods, provided that the purpose of such 
work is primarily to reduce the waste in handling and utilizing Forest products 
and to obtain information that will be generally useful in the industry con- 
cerned. If no new information is likely to be obtained the applicant will be 
referred to a consulting expert. 

(5) In cases of active cooperation, such as outlined in the two foregoing 
paragraphs, the Service will require payment of the estimated total cost, includ- 
ing supervision, but such cest will be reduced by the extent to which the work is 
experimental. 

(6) In all work undertaken in cooperation with any company, organization, 
or individual the right to the first publication of the results will be reserved by 
the Forest Service. 


COOPERATION, DIFFUSION OF INFORMATION, ETC. 83 


- PUBLICATIONS. 


All of the scientific and investigative work done by the Forest Service which 
results in conclusions of value to the scientific world at large, the owner of 
timberland, the professional forester, or the woodworking and allied industries 
is recorded in bulletins and circulars. Publications of the Forest Service avail- 
able for free distribution may be obtained by addressing the Forester, Forest 
Service, Washington, D. C. A list of such publications will be sent upon 
request. 

Publications, the supply of which for free distribution is exhausted, may be 
purchased from the superintendent of documents, Government Printing Office, 
Washington, D. C., who will furnish free a list of such publications and their 
prices. ; 

MAPS. 


Special maps are issued for the use of Forest officers, or as special publica- 
tions for the dissemination of information which can be best expressed graphi- 
eally. Such maps are not for general distribution, though some are sold, and 
they may even be given away under certain circumstances. A general map of 
a National Forest may be given to a user when it is necessary or convenient to 
show thereon the lands covered by a transaction. 

General maps of the United States showing the National Forests and related 
projects and data, unmounted, are sold by the superintendent of documents, 
Washington, D. C., at 50 cents each. A limited number of copies are retained 
in the Forest Service and furnished in some cases to State officers, State insti- 
tutions, and libraries, where they will be accessible to the general public. 

General continental or regional maps showing natural forest areas or the dis- 
tribution of tree species are furnished to State institutions and to some first- 
elass libraries. When more than one copy of a general map is requested, a 
charge will be made for each extra copy. 


PHOTOGRAPHS. 


The Forest Service has a large collection of photographs showing forest 
conditions in all parts of the United States. 

The act of March 4, 1907, authorizes the disposal of photographie prints, 
including bromide enlargements, lantern slides, transparencies, blue prints, and 
forest maps for educational purposes, at cost and 10 per cent additional. 

Photographic material is also prepared for outside distribution for the follow- 
ing purposes only: 

(a) To cooperators and others from whom aid has been received or by whom 
courtesies have been extended in furtherance of official work. 

(%) For use in illustrating material to be published in newspapers or other 
periodicals. 

(¢) For use in book illustrations. 

(d) For use in educational work—by lecturers and schools, and for exhibit 
purposes. 

The object in every case is to promote the work of the Forest Service or to 
diffuse information concerning forestry. As a rule gifts are restricted to 
cooperators or persons who have extended aid or courtesies in furtherance of 
official work; but when a valuable educational result can be attained only if 
material can be furnished free, gifts may be made. 

When photographic material is to be sold it will be according to the follow- 
ing schedule of prices: 


PHOTOGRAPHIC PRINTS. 


. n- 
Size, each. mmoninited Mounted. 
aby - FaEaET EE SE SESS REE ERESEREEE SESE SERRE REESE $0.06 $0.08 
VEO a ee eae MeN ns ene yn DLE OVS okee che ocuweasceeeeecteees ; 
ange. ae eS :08 10 
Regie ro 2 earn eS ra 14 


84 THE USE BOOK. 


ew 


SOLAR BROMIDE MAPS. 


Size of maps, each. 


Lantern slides). cach-saaa 225 5_ aah aaa Ss ae See 
Bromide enlargements,' per square ineh_.--=2.-0.0 2022 22) 2 ee ee eee 
Bromide enlargements (sepis}), per’ square inch______-________~_ 


ERAN ATONCLES, DOL SOUELC, NGM pe eee eee ee oe O15 
Blué) prints, per squate; foot.= 22_- 222 ae eee ee eee . 04 
Vandyke prints, per square: foot==-=- +> eae eee . 08 


Hand coloring will be done on lantern slides at 65 cents each, on bromides at 
1 cent per square inch, and on transparencies at 2 cents per square inch. 


EDUCATIONAL MATERIAL FOR SCHOOLS AND LIBRARIES. 


Certain publications and maps suitable for use in schools may be obtained 
free on application to the Forester, or can be purchased in quantities from the 
superintendent of documents, Washington, D. C. A list of such material will be 
furnished upon request. 

Traveling exhibits of 44 mounted photographs each, illustrating the subjects 
of forestry, the work of the Forest Service, etc., may be borrewed for short 
periods cf time without cost, except for transportation, by schools, libraries, 
and other educational institutions. 


LANTERN SLIDES. 


Sets of lantern slides on forestry, the work of the Forest Service, and related 
subjects are loaned free for short periods of time, on condition that the bor- 
rowers pay for transportation and assume responsibility for loss or breakage. 
Outlines of subjects covered by these sets will be furnished by the Forester on 
request. 


NATIONAL FORESTS—LOCATION, DATE, AND AREA, JANUARY 


31, 1913. 
National Latest 
Forest ° Headquarters of ee 
State. Av ae Forest. : proclamation®?} Area. Total. 
oe ioe ala Date effective. 
| : | Acres. Acres 
Arizona........- 3 |} Apache....... Springerville...... Feb. 17,1912 | 1,276,400 
3)1. Chiricahua *...| Portal =e... < July 1,1910 360, 000 
3 | Coconino...... Wigpetalt os... obs do........| 1,634,000 
3 | Coronado...... TUCsGrses sce ee coc June 19,1912 999, 460 
a Crookes... 2-- Patloniense-ce25-.- Feb. 17,1912 890, 600 7 
A WDERIOSZ. : a. St. George, Utah..} Feb. 10,1909 606, 200 
41 Kaibabo. 2. = Kanab, Utah......| Aug. 23,1910 | 1,093, 600 
3 | Prescott....-.- Prescott: /-0-- .. 2 Oct. 7,1910} 1,572,000 
3 | Sitgreaves.....| Snowflake.........| Feb. 17,1912 893, 720 
Sib Ponte. $ £2 oes. Roosevelt... ....... Sept. 26,1910 | 2,156,000 
3 | Tusayan...... Wallidms: So-22 seo July 1,1910| 1,800,000 
OP Re ash it Saereer aes * Aap N. | Feb. 17,1912 57,410 
ex. 
——\——| 13,339,390 
Arkansas........ 3 | Arkansas......| Hot Springs....... Sept. 26,1910 | 1,262,390 
8 |. Orarkn cscs oc iarrisane eed s* . sre Dec. 28,1910 963, 500 
— 2, 225, 890 
California ....... 5 | Angeles. ...... Los Angeles. .....-. Nov. 25,1910} 1,265,300 
5 | California... .. Waillows.cen2o. tee Oct. 12,1910 | 1,061,000 
5 | Cleveland..... San Diego......-..- Nov. 8,1912] 1,575,670 
6 | Crater 4....... Medford, Oreg....| July 1,1911 61,100 
5 | Eldorado ’....! Placerville........ July 28,1910 835, 800 


1 Total of Chiricahua in Arizona and New Mexico= 488,000 acres. 
2 Total of Dixie in Arizona and Utah=1,067,000 acres. 

3 Total of Zuni in Arizona and New Mexico= 652,710 acres 

4 Total of Crater in California and Oregon= 1,080,500 acres. 

5 Total of Eldorado in California and Neyada= 836,200 acres. 


COOPERATION, DIFFUSION OF INFORMATION, ETC, 85 


National Forests—Location, date, and area, January 31, 1913—Continued. 


Navouel Head é f Latest | 
State. forest Forest eee proclamation. Area. Total 
peace supervisor. efelaiveeting: | 
Acres. Acres 
California—Con . | lik Ge eee Bistepeees. cos ==— Feb. 23,1911 | 1,337,780 
bil) Remeisa25--22 Bakersfield.....-.-| Jan. 30,1911} 1,934,275 
5 | Klamath?2..... Wreka2 5.22625. June 21,1912} 1,688,720 
5 | Lassen...-.--- ed Bluff. .......- Dec. 30,1910} 1,397,000 
b) | Modoe=...-2% - PANGUEASS ose 2-5 52 Dec. 23,1910 | 1,578,200 
5 | Mono®......-- Gardnerville, Nev.| June 30,1911 883, 150 
5 | Monterey...-- Arboladet:i:=<c\.22 Dec. 12,1910 501, 150 
Do) Plumass. 3.2! @uimey-eose =. 2-2 July 28,1910} 1,433,600 
5 | Santa Barbara | Santa Barbara.-.--.| July 1,1910| 2,348, 200 
5 | Sequoia.....-- ut EpLilES, Tu- | Feb. 17,1912 | 1,191,840 
are County. 
Sip enastaeess— 2. Aicaarenien: ee June 19,1912; 1,586,880 
5 | Sierra. .... Jo-|CNontiiarks ee July 1,1910| 1,743,000 
6 | Siskiyou 4...--. Grants Pass, Oreg.} July 1,1911 406, 260 
5 | Stanislaus... .- Sonoreeeee ts w=: Oct. 12,1910} 1,136,500 
5 | Tahoe & ....... Nevada City 28,1910 | 1,210,500 
SiPEEMMbysees t= =. Weaverville. .....- 7,1912 | 1,746,020 ie caitaas 
See LES 5 oelen ih | 
Colorado.......- 2| Arapaho...... Mrasepsyse 25.4525 . 19,1912 759, 440 
2 | Battlement...| Collbran.......... y  6,1910 746, 300 
2 | Cochetopa....- Saguache..... ae 9,1910 920, 300 
2 | Colorado. ..--- Fort Collins. 1,1910 679, 200 
2 | Durango. ..--- Durango... Z 1,1911 704, 000 
2 | Gunnison. .--- Gunnison 24: 9,1910 952, 200 
2 | Hayden °,..... ance pment, | Aug. 8,1910 75, 700 
| yyo. j 
2 | Holy Cross....} Glenwood Springs.| Dec. 16,1910 605, 700 
Aiea Sal te... Moab, Utah.....-- Mar. 16,1909 30, 500 
2 | Leadville..... Meadwabesss 2 Ao5 = Aug. 10,1910 | 1,085,000 
2 | Montezuma...) Mancos..........- Aug. 15,1910 812, 100 
st EAU kee ee Denivereaeee seen Aug. 10,1910 | 1,323,000 
2 | Rio Grande. -..} Monte Vista.......| Aug. 15,1910 | 1,221,300 
2 Reutty ee. 2.3 Steamboat Springs; Aug. 24,1910 936, 100 
2 | San Isabel..... Westcliffe........- | May 27,1910 651, 200 
2 | San Juan......| Pagosa Springs....| July 1,1911 745, 000 
Zi SODEISS. 9 s5 Aspen... .-:.--.--| Dee. 16,190 656, 000 
2 | Uncompahegre.| Delta............- Apr. 1,1912| 867,860 
2 | White River. .| Meeker............ Oct. 17,1912 877, 990 Ay eee 
el 10 
2 3 
Wionida.....%-2 oo) Wlarida-- -_5. -| Pensacola<.c.s..< July 1,1911 674,970 akon 
I — SS 7 
3 
FaghOs 22252252 1 | Beaverhead 8.. Dillon, Mont.....- July 1,1910 92, 000 
eee40t (Boise 5220 d28 Bower e tee. Dee. 24,1910 | 1,107,000 
4} Cache 9._.....- Logan, Utah.....-. Jan. 24,1912 269, 922 
4 | Caribou i0__... Montpelier........ May 6, 1910 695, 000 
AehGhallis! 223.2: Ghaliiaaass.. < . July 1,1908 | 1,194,000 
1 | Clearwater....} Orofino........... July 1,1911 822, 700 
1 | Coeur d’Alene.| Coeur d’ Alene. .... | Pee GO peas ae 760, 800 
Pdaho 2% McGalte srs e.5- 3% Mar. 23,1912 | 1,209, 280 
1 | Kaniksu !!_...| Newport, Wash...) May 6,1910 465, 260 
4) Lemhi........ Mackay sole 2 -| July 1,1910 | 1,136,500 
4 | Minidoka 12...) Oakley............ May 6,1910 539, 050 
1 | Nezperce...... Grangeville....... July 1,1911 | 1,745,060 
4 | Palisade 18 __..| St. Anthony...... July 1,1910 301, 300 
4.| Payette....... Emmett....-...-.- July 1,1911 863, 750 
1 | Pend Oreille. .| Sandpoint.........| May 6,1910 858, 000 
4 | Pocatello 4...) Pocatello.......... Feb.18,191115 281, 745 
i Stawoess a St. Maries......... June 4,191216 | 1,033,500 
4. | Salmon 79: a= Salmon ees 222.52 July 1,1908 | 1,635,500 
4 | Sawtooth..... Halloyeesiee 6. i <pro-de 028215 1,320, 000 
1 | Selway....--.. Kiooskia-6 250.025. July 1,1911 ! 1,802,000 


1 Total of Inyo in California and Nevada=1,413,110 acres. 

2 Total of math in California and Oregon=1,697,920 acres. 

* Total of Mono in California and Nevada=1,366,440 acres. 

4 Total of Siskiyou in California and Oregon=1,694,250 acres. 

5 Total of Tahoe in California and Nevada=1,272,470 acres. 

6 Total of Hayden in Colorado and Wyoming=442,470 acres. 

7 Total of La Sal in Colorado and Utah=470,500 acres. 

® Total of Beaverhead in Idaho and Montana=1,457,000 acres. 

® Total of Cache in Idaho and Utah=579,660 acres. 

10 Total of Caribou in Idaho and Wyoming=702,360 acres. 

Total of Kaniksu in Idahoand Washington=835,740 acres. 

12 Total of Minidoka in Idaho and Utah=631,330 acres. 

13 Total of Palisade in Idaho and Wyoming=557,500 acres. 

14 Total of Pocatello in Idaho and Utah=292,560 acres. 

15 Addition by act of Congress. i : 

16 This proclamation modifies the former proclamation, but the area remains unchanged until State 
selection is approved. 


86 THE USE BOOK. 


National Forests—Location, date, and area, January 31, 1918—Continued. 


National 


Latest 
Forest Headquarters of 
State. district Forest. supervisor. Seeger: = | Total. 
Acres. 
Idaho—Contd .. 4] Targhee! ..... St. Anthony.....- July 1,1910 
4) | OW elser. 262. Walser 22264 -56-> July 1,1911 
= 19, 550, 827 
bes BS St 2°| Kansas........ Garden City.....-. May 15, 1908 
. Fi 303, 937 
Michigan........ 2 | Marquette..... East Tawas....... Feb. 10,1909 : 
2 | Michigan......|....-. do2ee teen Feb. 11,1909 
. 163, 771 
Minnesota......- 2 | Minnesota 2 ...| Cass Lake........- May 23,1908 
2'| Superior. ..... SLY: sn oo anes Saas Sept. 19,1912 
nae 1, 570, 850 
Montana........ 1 | Absaroka..... Livingston........ June 19,1912 
1 | Beartooth..... Billingas 23.2212 Apr. 15,1912 
1 | Beaverhead 3..} Dillon............- July 1,1910 
1 | Bitterroot....- Missoula .-...-...< Apr. 30, 1912 
1 | Blackfeet... -- Kalispell: 520... June 19,1912 
1 (|\Cabinetu.e..2 Thom ae tee Apr. 30, 1912 
1) Cister 2s. S228 Miles City= 222-202 June 19,1912 
1 | Deerlodge..... ee Ses July 1,1910 
1 | Flathead.....- Kalispell. ........- June 19,1912 
1 | Gallatin......-. Bozeman........- Sept. 4,1912 
ii Helenas-22 2s Holena= ees eee Sept. 4,1912 
1 | Jefferson.....- Great Falls......- Feb. 27,1912 
1 | Kootenai...--. DIbD Yc oaisees cee June 19, 1912 
1{| Lewis and | Chouteau........-]----- G0. 352 
Clark. 
1A Oe Bese eee ge Missoula. 2... .<.t54 Apr. 30,1912 
1 | Madison.....- Sheridan.:......-- Sept. 24,1912 
1} Missoula....-- Missoula if 5... 2223] - one ag2==223 
Li Siobex4S 27.2. es Crook, S.| July 1,1911 
18,977, 
Nebraska......- 2 | Nebraska..... PaSeyios- == —2=~- July 2,1908 ce i 
” 
Nevada......... 5 | Eldorado5....| Placerville, Cal...-| July 28,1910 t 
4 | Humboldt....| Gold Creek.....-..- June 19,1912 
> ‘Bidinyo't.ve2- ese Bishop, Cal....-.. Feb. 23,1911 
4] Moapa........ Austin ~.23steeee- Dec. 8,1911 é 
6) |’ Monto? _. ss.2.2 Gardnerville. ..... June 30,1911 
4i1 Novadacs. ..<,. SGly . gos ewes Oct. 28,1912 
4) Rubye-co eee Lamoille.........- June 19,1912 
4 | Santa Rosa....! Paradise.......... Nov. 3, 1911 
5.| Tahoe 8... ...- Nevada City, Cal..] July 28,1910 
4] Tolyabe.....-- ‘Austin. o222Se2 4 3'= Dec. 10, 1910 
5, 595, 310 
New Mexico.... 3)| Alamos o£ 3 Cloudcroft.......- Feb 17,1912 
3.'| Carson: 2.2 ..<- Tres Piedras. .....]..... Gd setetos 
3 | Chiricahua %...| Portal, Ariz....... July 1,1910 
0 bel Bo) Ea a Magdalena be Ae June 7,1910 
Si) GUA cote week Silver City.......- May 9,1910 
SB \deMmercv.. C. Santa Wesooc...-2 Aug. 24,1910 
3 | Lincoln......- Capitan=s~ co. .<- Apr. 1,1912 
3 | Manzano...... Albuquerque..... July 1,1910 
Si] EOCOS ese << Tn Gg Sa Apr. 20,1910 
Sil Zuni 10, Albuquerque.....- Feb. 17, 1912 
10, 173, 890 
North Dakota... 1 | Dakota....... as Crook, S. | Nov. 24,1908 
ak. 
13,920 
Oklahoma...... 3 | Wichita... ..- Cacho... 23se-.>-s55 Oct. 13,1910 ans 
, 
Oregon... oc - a aee 6 | Cascade....... Mugene... .scacsoe July 1,1911 
6} Crater 1 ...... Modford :< .. secteefess <2Otaccenes 
6 | Deschutes. ...-. Bend. = 55... 22aeeeieeeee a Feueeee 
6 | Fremont...... Lakeview ...:-scetlon --ODe< ceeee 
5 | Klamath 12....| Yreka, Cal.....--- June On, 1912 


1 Total of Targhee in Idaho and Wyoming=823,450 — 

2 Minnesota National Forest created by act of Con. 

3 Total of Beaverhead in Idaho and Montana=1,45 “000 acres. 
4 Total of Sioux in Montana and South Dakota= O11, 580 acres. 
§ Total of Eldorado in California and Nevada=836, 200 acres. 

6 Total of Inyo in California and Nevada=1,413, 110 acres. 

7 Total of Mono in California and Nevada= i ,366, 440 acres. 

8 Total of Tahoe in California and Nevada=1, 272, 470 acres. 

° Total of Chiricahua in Arizona and New Mexico=488, 000 acres. 
10 Total of Zuni in Arizona and New Mexico= 652,710 acres. 
11 Total of Crater in California and Oregon=1,080 500 acres. 
12 Total of Klamath in California and Oregon= 1,697,920 acres. 


COOPERATION, DIFFUSION OF INFORMATION, ETC. 87 
y 
‘4 National Forests—Location, date, and area, January 31, 1913—Continued. 
National Latest 
Forest Headquartersof | jroclamation.| Area. Total. 
pe le Aout Supe ror. Date effactiael 
0. 
Acres. Acres. 
Oregon—Contd - 6 eee Day..---.--- — 1,1911 | 1, ae an 
6 allowases 2. 22 sees 8.225 9 Oe 
6 .-| Prineville. aeons 819, 030 
| Geet] Sob TE) a 
i PESCONG ata Scene uly 
é Santiam....... rie ee Shawna, Nee a RTOS "710,170 
6 | Siskiyou! ....} Grants Pass....... aeeet dos.2215 1, 287,990 
6 | Siuslaw....... Bugene..........- | July 1,1908 821, 000 
6 | Umatilla.....-. Hep puere seca. a. | July 1,1911 566, 920 
6} Umpqua.....- Roseburp es: c..2--- July 1,1911} 1,193,440 
6 | Wallowa.....-. Wiallowate.. a: 22). 0e dae 2. 1,097,670 
6 | Wenaha?..... os Walla, | May 27,1910 472, 000 
Wash. 
6 | Whitman..... Sumpters:!:.)4-5 July 1,191 949, 230 igieabeen 
ae earl ) ier 
3, 2 | Biack Hills....! Deadwood........|..... One see= 600, 480 
> saaabae 2)| Harney... -2-. Custer oose5 che Apr. 29,1912 640, 950 
Do) Sioux 4o60... 5. Camp Crook.....-.- July 1,1911 96, 320 ee 
= | oe 7 fa 
Utaeeee ec 4| Ashleys.......| Vernal. ......-..-. Get. 71910 | 992,100 
4} Cache ®.... OLA seesnn eee ao an. , 1912 AY 
AN DIG Foo. oe 2 ae cone) Lareineeue Feb. 10,1909 460, 800 
4} Fillmore...... Beaverss2-. 22) 514 July 1,1908 578, 500 
4} Fishlake...... Salinas. ees = . 3. Mar. 30,1911 668, 590 
ZA a alana ee gap eee . 16,1909 440, 000 
4 | Mant 32--.>-) Epbrame.-* 2: 4,1912 798, 610 
4 | Minidoka 9_...} Oakley, Idaho..... 6, 1910 92, 280 
AN ehosssee | Nephines =... 1,1910 281, 400 
4 - 18,1911 10, 815 
4| Powell........] Escalante........- . 26,1910 704, 700 
4 19,1912 802, 660 
4 7,1910 | 1,286,500 
4 FGA SO te 
oma » £00, 00 
Washington..... Gil Chelan 5224. -@helan 2. . <2. 52.< July 1,1911 786, 680 
6 | Columbia..... Portland, Oreg....; July 1,1908 942, 200 
6 | Colville....... Republic. 22. -... May 9,1910 816, 000 
1 | Kaniksu 1.._.) Newport.........- May 6,1910 370, 480 
6 | Okanogan.....| Okanogan..._....- July 1,1911} 1,541,000 
6 | Olympic...... Olympia ss. 22222 Mar. 2,1907} 1,652,000 
6 | Raimier...._.. SPACOIA 25 8e4 Oct. 23,1911 | 1,567,000 
6 | Snoqualmie..-.} Seattle...........]..... Gowers: 1, 042, 000 
6 | Washington...} Bellingham......- July 1,1908} 1,490,000 
6 | Wenaha !2_...| Walla Walla...... May 27,1910 320, 000 
6 | Wenatchee....}| Leavenworth......| July 1,1910} 1,157,000 Teen 
[eal d 2 
Wyoming....... 4| Ashley 13.__.. Vernal, Utah...... Oct. 7,1910 6, 060 
2 Bighorn....... Sheridare so oss. July 2,1908| 1,136,200 
za ponneville-.=.| Diubois..--2..22..): July 1,1911 613, 270 
2) Bridger... 2. IPmedsle sassy eee. Gone. 577, 850 
4 | Caribou 4____. Montpelier, Idaho.| May 6,1910 7,360 
2] Hayden'5___.. Encampment...-. Aug. 8,1910 366, 770 
2 | Medicine Bow.| Laramie......_.._. July 1,1910 511, 382 
4} Palisade 16__...| St.Anthony,Idaho|....: dost 5.5 256, 200 
2] Shoshone..... Mody Se = sae July 1,1908| 1,609,000 
2 | Sundance..... Sundance. ........ Dec. 16,1910 179,121 
4| Targhee 17_}.__| St.Anthony,Idaho| July 1,1910 85, 450 
4k, LOLOHS oo 2k eee PACKSON = sp ap hoes | Apr. 19,1912! 1,978,850 


1 Total of Siskiyou in California and Oregon=1,694,250 acres. 


2 Total of Wenaha in Ore 


gon and Washington= 792,000 acres. 


3 South Dakota proclamations are modified by proclamation of Feb. 15,1912. Areas not affected until 


perfection of State selection. 


4 Total of Sioux in Montana and South Dakota= 211,580 acres. 


> Total of Ashley in Utah and Wyoming= 


998,160 acres. 


§ Total of Cache in Idaho and Utah=579,660 acres. 


7 Total of Dixie in Arizona and Utah= 1,067,000 acres. 


8 Total of La Sal in 
§ Total of Minidoka 
10 Total of Pocatello 


Colerado and Utah=470,500 acres. 
in Idaho and Utah= 631,330 acres. 
in Idaho and Utah= 292,560 acres. 


U Total of Kaniksu in Idaho and Washington= 835,740 acres. 


12 Total of Wenaha in 


Oregon and Washington= 792,000 acres. 


13 Total of Ashley in Utah and Wyoming=998,160 acres. 
14 Total of Caribou in Idaho and W yoming= 702,360 acres. 


15 Total of Ha 


den in Colorado and Wyoming= 442,470 acres. 


16 Total of Palisade in Idaho and Wyoming=557,500 acres. 
17 Total of Targhee in Idaho and Wyoming= 823,450 acres. 


88 THE USE BOOK. ¥ 


National Forests—Location, date, and area, January 31, 1913—Continued. 


National 


Latest 


Forest Headquarters of ; 
Arches Forest. ; roclamation. Area. Total. 
— supervisor. ate effective. 
; Acres. Acres. 
Wyoming—Con. 2'| Washakie..-.. hanger 2 oan. July 1,1911 393, 950 
4| Wyoming..... VN cc Page eS ie July 1,1908 912, 000 
8, 633, 463 
Total of 160 
National 
Forests in 
the United 
States... ls f aes eae See Oe ace = ie te ein re 1160, 193, 996 


Alaska... ... 254. 3-7) BarGhugach:=.-.. i ee Oct. 28,1910 } 11, 267,850 
Bess Sat ate do: Sepak. ODE 16,1909 15, 481,000 


Porto Rico...... 1 A A eis eh gs SE Jan. 17,1903 65,950 
Grand fotaliof: |: 2c... s50] 6. 22k 522502 6). ooeeeoeee na aoe tee bent ces eer 


163 National 
Forests. 


26, 748, 850 
65,950 


1 Of this gross area, approximately 13 per cent is alienated land held by States and individuals. 


The following national monuments situated within National Forests have been 
created under the act of June 8, 1906 (34 Stat., 225), for the preservation of 
objects of historic or scientific interest : 


Latest procla- 
Name. National Forest. State. mation. 
Date effective. 


CinderiCone...5-.......5. Tasso 57.02 onc eee Califomis... . . 222302223. May 6,1907 
NYevil Postpile..........-. Sierra - 22). J. 5. tessa ae eee MOD... S-eeeeean ee July 6,1911 
Gila Cliff Dwellings. ...... Gila <8 o52-4 2 aeeee New Mexico. 3.0. -<.s8 Nov. 16, 1907 
Grand Canyon........2...- ae and Kaibab..-.| Arizona............-..-- Jan. 11,1908 
sewel Cave. oso... > 52 Black Hulls... -22s28 South Dakota..........- Feb. 7,1908 
Wyassen Peak: 3h. - =.=. 25 pone DAES 25.8 eee California ...<.:5-e25-25 May 6,1907 
Oregon Caves.........--.- Bisktyoue.t ~<a Orepgort: 2-2 ....ccees ee 2 July 12,1909 
STONLO. 2 = 2t~ eens oe Montos- 255 2. atic Gens ATISONE. 2) = oe eee Dec. 19,1907 
Wheeler..........- ee rey a, and Rio} Golorado..-------.--c- Dec. 7, 
rande. 
Mount Olympus........-.. Olympioso. 7. -<--tess-s Washington......-.. era Ba Apr. 17,1912 
Total area. ofa :|Chois dens bck k nce ae Sates fe pee Sas - ower re 

tional monuments 

within National 

Forests. 


The following national game preserves situated wholly or in part within 
National Forests have been designated under special acts of Congress for the 
protection of wild animals: 


Latest procla- 
Name. National Forest. State. Act approved. mation. Area. 
Date effective. 
Acres. 
Grand Canyon.... rere and Kai- | Arizona....... June 29, on (34 | June 3,1909 | 1,492,928 
apd. a) 
Ap Semen FO" rc eas Be Oklahoma....| Jan. 24, 1905 (33 | June © 2, 1905 57,120 


Stat., 614). 


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