U. S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE HENRY S. GRAVES, Forester. THE NATIONAL FOREST MANUAL. REGULATIONS OF THE SECRETARY OF AGRICULTURE AND INSTRUCTIONS TO FOREST OFFICERS RELATING TO AND GOVERNING SPECIAL USES OF THE NATIONAL FOREST LANDS. ISSUED BY THE SECRETARY OF AGRICULTURE, TO TAKE EFFECT MAY 1, 1911. SPECIAL USES. WASHINGTON : GOVERNMENT PRINTING. OFFICE. 1911. Class o i\ U- Z (7 Book_ I f//G U. S. DEPARTMENT OF AGRICULTURE, W'^ FOREST SERVICE. (I HENRY S. GRAVES, Forester. THE NATIONAL FOREST MANUAL. REGULATIONS OF THE SECRETARY OF AGRICULTURE AND INSTRUCTIONS TO FOREST OFFICERS RELATING TO AND GOVERNING SPECIAL USES OF /, . ' THE NATIONAL FOREST LANDS. ISSUED BY THE SECRETARY OF AGRICULTURE, TO TAKE EFFECT MAY 1, 1911. SPECIAL USES. WASHINGTON : GOVERNMENT PRINTING OFFICE. 1911. y^o 's^^^^, w The Secretary * * * j^^y make^ such rules and regula- tions * * * as will insure the objects of said reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of this act or such rules and regulations shall be punished (by $500 fine or 12 months' imprisonment, or both) as is provided for in the act of June 4, 1888, amending section 5388 of the Revised Statutes of the United States. (Act of June 4, 1897, 30 Stat., 11.) nM ss 1911 5^ CONTENTS Page. Regulations 6 Procedure in special-use cases 9 Closing special -use cases 12 Ancient ruins and relics 12 Hotels and dwellings adjacent to mineral springs 13 Special use on administrative sites 13 Advertising signs 13 Roads and trails 13 Conduits and reservoirs for irrigation 14 Telephone lines 14 Telegraph lines 15 Special uses on claims 15 Permits on Forest homesteads 15 Drift fences. 16 Corrals 17 Pastures 17 Permits under regulation L-37 18 Stock tanks 18 Wild hay 19 Game preserves and fish cultiu-e 19 Special requirements 19 Interior Department rights of way: Explanations 22 Procedure 23 Breach of stipulations 25 Forfeiture of grants 25 Special-use forms: Special-use permit 26 Railroad stipulations 28 Irrigation, municipal, and mining stipulations 30 Letter of transmittal 32 Index 33 3 THE NATIONAL FOREST MANUAL. The fullest possible use of National Forest lands and resources is desired and will be encouraged, with no restrictions except such as are necessary to accomphsh the purposes for which the National Forests are created. Administrative jurisdiction over National Forests is conferred by law upon the Secretary of Agriculture (act of Feb. 1, 1905, 33 Stat., 628), who is authorized to regulate their occupancy and use (act of June 4, 1897, 30 Stat., 11). The Secretary of the Interior has jurisdiction of all matters relating to the patenting and official survey of lands in the National Forests, and of grants of rights of way amounting to easements. By the practice and regulations of the Department of the Interior applica- tions for rights of way in the National Forests are referred to the Secretary of Agriculture by the Secretary of the Interior for recom- mendations before final action thereon. United States Department of Agriculture, Office of the Secretary, Washington. By virtue of the authority vested in the Secretary of Agriculture by the act of Congress of February 1, 1905 (33 Stat., 628), amenda- tory of the act of Congress of June 4, 1897 (30 Stat., 11), I, James Wilson, Secretary of Agriculture, do make and publish the following regulations for the occupancy and use of National Forest lands under ''special-use" permits, the same to supersede all previous regulations for like purposes and to be in force and effect from the 1st day of May, 1911, and to constitute a part of the Use Book. In testimony whereof I have hereunto set my hand and official seal, at Washington, D. C, this 18th day of March, 1911. James Wilson, Secretary of Agriculture. 5 SPECIAL USE EEGULATIONS. Reg. L-31. All uses of National Forest lands and resources, ex- cept 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 Feb- ruary 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 aU matters covered by these special-use regulations. Reg. L-32. No charge will be made for the following classes of special-use permits : (a) Excavation of antiquities under the act of June 8, 1906. (h) 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 connection v/ith grazing permits, provided that stockmen's cabins used during the entire year as headq^uarter 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. Qi) SawmiUs sawing principally timber obtained from the national forests. (i) Conduits and reservoirs for irrigation or mining or municipal water supplies. (?) Roads and trails (which must be free public highways). (k) Logging railroads and tramways hauling timber obtained principally from the National Forests. (Z) Telephone lines with free use and free connection by Forest Service. (m) Telegraph lines with free use of poles for stringing Forest Service telephone lines. (n) Stone, earth, and gravel used for projects constructed under permit. NATIONAL. FOREST MANUAL SPECIAL USES. (o) Special use by claimant inconsistent with development of an unperfected claim on lands which are part of a National Forest. {p) Small advertising signs which also serve as guideposts. Beg. L-33. The occupancy and use of National Forest land or resources 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 : Kinds. Rates per annum. Explanation. Agricultural $0.25 to $1 per acre. Not under $2 for any permit. Minimum $5, 10 cents per hive for each hive over 50; hives to be counted in March each year. $3 to $5 Not over 160 acres to any one per- mittee . ( Free to preferred appli- cants under act of June 11, 1906. 1 to 3 acres. Apiaries Cabins 1 acre or less. (Free to trappers, miners, and prospectors; and to stockmen in connection with grazing permits.) 2 acres or less. Dipping vats (toll vats). Gravel $10 to $20 10.02 per cubic yard; not under $2 for any permit. Special rates on area basis. $0.20 to $0.50 per acre; not under $2 for any permit. $10 to $50 Free for projects constructed im- der permit. Hay cutting Hotels and road- 1 to 3 acres. houses. L/ime kilns $10 1 acre. Pastures $0.04 to $0.25 per acre ; not under $2 for any permit. $5 per mile Not over 320 acres to any one per- mittee. (Charge is in addi- tion to regular grazing fee.) No charge for logging railroads hauling timber obtained princi- pally from the National Forests. 1 to 3 acres Railroads Residences $5 to $25 Resorts $10 to $50 Do. Sawmills, under $10 1 to 10 acres. (No charge for mills sawing principally Gov- ernment timber.) 20,000 feet per day, sawing principally private timber. Sawmills, over 20,000 feet per day, saw- ing principally pri- vate timber. Slaughterhouses Stage stations Special rates $10 to $20 1 to 3 acres. $5 to $15 2 acres or less (without hotel features). 2 acres or less. Stores $5 to $50 Tramways (aerial) Telegraph lines Telephone lines $10 to $50 No charge for tramways convey- ing tmiber obtained Princi- pally from the National Forests. No charge if applicant enters into agreement for free use of poles by Forest Service for stringing telephone lines. No charge if applicant enters into free use and free connection agreements. Special rates .....do 8 NATIONAL FOREST MANUAL SPECIAL USES. Within the maximum and minimum rates established herein the Forest supervisor will determine the rate to be charged in each case. Rates for special uses not herein provided for shall be determined by the District 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 determined 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 District Forester. Reg. L-34. In serious emergencies for the protection of life or property National Forest material may be taken without previous permit, provided a permit for the material so used and for the special use involved is subsequently secured at the earliest opportunity. Reg. L-35. The Forest supervisor may, in his discretion, issue permits to any road district, county, person, or corporation for the free use of timber, stone, and other National Forest products for the construction or maintenance 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 out- side such lands is required, under timber-sale regulations. Reg. 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 construc- tion of air wagon roads over such lands. Trails may be constructed without formal permit if done with the consent and under the super- vision of a Forest officer, except that in the National Forests in Alaska such consent and supervision wiU not be required. No toU 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. Reg. L-3v . Persons who ov/n 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 or National Forest land, when such an arrangement wiU be advantageous to the administration of the National Forest. The application must be accompanied by a personal certfficate of title showing 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. PROCEDURE IN SPECIAL USES. United States Department of Agriculture, Forest Service, Washington, March 18, 1911. The following procedure and instructions are hereby established and issued, to take effect on May 1, 1911, governing the enforcement of the special-use regulations of the Secretary of Agriculture made and promulgated for the use, occupancy, and protection of the National Forests. H. S. Graves, Forester. Approved : James Wilson, Secretary. All uses of National Forest lands and resources permitted by the . . Secretary of Agriculture, except those specifically special uses.°° provided for in regulations covering water power, timber sales, timber settlement, the free use of tim- ber, and grazing, are designated "special uses." Among these are the use or occupancy of lands for residences, farms, apiaries, dairies, schools, churches, stores, mills, factories, hotels, sanitariums, sum- mer resorts, telephone and telegraph lines, roads, and railways; the occupancy of lands for dams, reservoirs, and conduits, not used for power purposes; and the use of stone, gravel, sand, etc. Applications need not be in any prescribed form, but may be made orally or by letter to the supervisor or district ranger. Applications. All applications made in error to the Forester or District Forester will be referred to the supervisor. Upon receipt of the applications the supervisor will require from the ranger a report on Form 964. This report shall Ranger's report, in each instance include a map either on the Form 964 or on a separate sheet. A report should also be made on Form 578& when the use involves the cutting or destruction of timber. Conflicts will be determined by field examination rather than from the record and maps. Whenever the land to be occupied under a special use permit will Marking boun- not be inclosed, the field officer should mark the daries. boundaries, if practicable, in order to avoid disputes. If any special use involves the storage or diversion of water (ex- Reference to cept water stored in stock tanks) the supervisor will Reclamation Serv- notify the supervising engineer of the Reclamation ^•^f • Service of the location and extent of the storage and diversion, including a plat if necessary. The supervisor will not issue the permit until he has received notification from the super- vising engineer that the proposed use will not interfere with any project of the Reclamation Service. 90034°— 11 2 9 10 ISTATIONAL FOREST MANUAL SPECIAL. USES. When a free permit is issued, under regulation L-32, the reason Special clauses for making no charge should be inserted in the blank in free permits. space of the charge clause on page 1 of the permit, as: (Telephone permits.) No charge in consideration of free use and free connections by the Forest Service. No charge for miners' and prospectors' cabins. No charge for irrigation and home-building enterprise. When an application for a special use is received for which no rate is established in regulation L-33, the supervisor will, Rates not pro- ];)gfore issuing the permit, submit the case to the Dis- r^gulationT ^ ^^^^^^ Forester with recommendations as to the rate to be charged. The District Forester will determine the rate in the manner prescribed in the regulation, and will return all the papers to the supervisor. Annual pay - Permits will provide that after the first payment is ment due on first made the annual payments thereafter shall become day of month. ^^q ajid payable on the first day of the month. Except, as otherwise provided by the regulations, or by special Preparation instructions in any particular case, all special-use and issuance of permits will be signed by the supervisor. Permits permit. will be prepared on Form 832, in triplicate. One copy will be stamped ''origmal," one "duplicate," and one ''ranger's copy." Both original and dupHcate copies will be signed. A letter of transmittal of payment (Form 861) in duplicate will be prepared and the original sent with the signed original copy of the permit to the permittee when a charge is made for the special use. The ranger's copy of the permit will be sent to the ranger, and the ranger's copy of Form 861 will be retained by the supervisor until he has received the original from the fiscal agent, showing that the payment has been made, whereupon the supervisor will note the payment on his card record (Form 619), send the original to the permittee as his receipt, and the duplicate to the ranger, detaching and retaining the duplicate stub for his files. The supervisor will issue all notices and requests for annual pay- ments, and will keep a collection calendar card Record and j-^cord (Form 340) as a reminder for sending such nua\ payments. ' notices of payments due. Since all payments come due on the 1st, the cards will be filed under monthly guides in the order in which payments are due. In every case the permittee will be notified on Form 362, one month before payment is due. If the payment has not been received 15 days after it is due, a second notice will then be sent, notifying him that the permit will be canceled if the payment is not received within 15 days of the date of the second notice. As a general rule, bonds will not be required in connection with . special-use permits. Dependence should be placed eral°"*^^ "^ ^^°" upon the stipulations in each permit to prevent damage to the Forest, and a bond should be required only when the permittee needs a continuous warning of the danger to the Forest. Because of the danger from fire or from stream pollution, an excep- Bonds in saw- tion to this rule is made in the case of steam saw- mill eases. miUs, and bonds should be required as follows: Little danger $300 Considerable danger — 500 Great danger - , . 1, 000 NATIOl^AL FOREST MANUAL — SPECIAL USES, 11 There is no law authorizing the lease of National Forest lands for a term of years, except the act of February 28, 1899 JTenure of per- ^gQ g^^^^ g^g^^ providing for the lease of lands ad- joining 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 remain in force until abandoned or canceled. All special use permits issued by supervisors will, therefore, contain the clause: This permit may be terminated at any time in the discretion of the District Forester. Special-use permits issued to applicants in connection with grazing permits allow possession for the whole year, but the privilege of use only during the period covered by the grazing permit. Such special- use permits need not be closed at the end of the grazing season if the grazing permits are to be renewed the following year. It may happen that a permittee wishes to build an expensive sum- „ . mer residence or make a considerable investment on erm permi s. ^^^ areas covered by his permit and declines to do so without some definite term of occupancy expressed in his permit. When this is the case, the following clause may be inserted, and the permit sent the District Forester for approval : This permit shall terminate after years from the date of its approval, or on , 19 _ - . It may also be terminated by the District Forester prior to that date for the violation of its terms or for serious interference with the administration of the National Forests, and may be terminated by the Secretary of Agriculture at any time in his discretion. Suitable areas near mineral or medicinal springs may be leased for the purpose of the erection thereon of sanitariums, hotels, or tem- porary dwelling houses in accordance with regulation 31. National Forest land should not be devoted to an inferior use so as to preclude a higher use. For instance, after the Highest use. issuance of a pasture permit it may be found that the area covers the only available reservoir site for the water supply of the community. In such a case the District Forester should exercise his discretion and cancel the permit. Compensation should be made if possible by refunding unearned payments or by granting another area for pasture purposes. Wherever possible, this point should be determined during the field examination and where it is evident that eventually a higher use can be made of the area than the one applied for, a clause should be inserted providing for the higher utilization, thus: This permit is issued subject to an application for the use of the area for (a reservoir for mumcipal purposes, an irri- gation ditch, school purposes, etc.). The welfare of the community or the number of people benefited should be the factor determining a higher use rather than the amount of money to be obtained for the use. If the supervisor rejects a special-use application, he will at once _ . inform the applicant by letter, giving the reason for plicatkms!" ° ^^" rejection and will forward all papers in the case to the District Forester for review. All papers will be returned to the supervisor for filing. 12 NATIONAL FOREST MANUAL SPECIAL USES. The supervisor will not revoke special-use permits. When the necessity for revocation arises, the supervisor v/ill pemitT*''"' report the case to the District Forester, who will take the necessary action in cases where the permits w^ere issued by the supervisor. Permits issued by the District Forester will be revoked by the Forester or the Secretary of Agriculture. Notice of revocation of permit will be sent in duplicate to the supervisor, the original for transmittal by registered mail to the permittee. CLOSING SPECIAL-USE CASES. The supervisor should promptly close all special-use cases ter- minated by nonacceptance or abandonment. If the s\^eivis^T permit was issued by the District Forester, the super- visor should notify that officer of the action. Notice that the case is closed will be sent the applicant or permittee and a copy of the notice filed with the record. If the -permittee fails to make the first payment, and to avail him- self of the privilege granted, the supervisor may close first pavmen^^ ^ ^^^® case, and no specific revocation is necessarj^, since charge permits do not become effective until the first payment is made, but the notice of closure will be sent the permittee. When the construction of a road or trail is completed, the super- visor should close the case by filing with the record a and trail1;ases^ statement of such completion of construction. In the case of a,gricultural permits to Forest homestead applicants, the supervisor will close the case when he is notified uporTen^ryofland^ *^^^ ^^® ^^^^ ^^® been listed by the Secretary of Agriculture with the Secretary of the Interior under the act of June 11, 1906. Hay-sale cases will be closed immediately upon receipt of notice of payment and of removal of crop, by filing with the cases^^^^ ^^"^^ ^ record a statement of such payment and removal. ANCIENT RUINS AND RELICS. Appropriating, excavating, injuring, or destroying any historic or prehistoric ruin or monument, or any object of simi?^"^°^^ ^'°^^~ antiquity without permit is prohibited by specific act of Congress. Any application for a permit to examine ruins, excavate arcliseo- logical sites, or gather objects of antiquity on National trict^Forester ^^" forest lands, shall be referred to the District Forester, who will see that the application is in accordance with the uniform rules and regulations of the Secretaries of the Interior, Agriculture, and War, under the act of June 8, 1906 (34 Stat., 225), and will require any necessary amendments of the appli- cation. He will submit the application, together with his recommen- dations (based on the supervisor's report), to the Forester, who v/iU refer the application to the Smithsonian Institution for recommen- dation. NATIONAL. FOREST MANUAL SPECIAL USES. 13 When the application is approved by the Smithsonian Institution, the Forester will prepare a permit in quintuplicate ester*^°° ^^' ^^^ signature of the Secretary of Agriculture. After the original has been signed by the Secretary it will be sent with three copies to the District Forester, who will for- ward the original to the permittee, and two copies to the supervisor, one for his files and one for the ranger concerned. HOTELS AND DWELLINGS ADJACENT TO MINERAL SPRINGS. ' Suitable areas adjacent to mineral or medicinal springs for the erec- tion thereon of sanitariums, hotels, or temporary dwelling houses may be leased, under the act of February 28, 1899 (30 Stat., 908), for such periods and upon such terms as to duration and compensation as may be approved by the Secretary of Agriculture. In accordance with regulation L-31, the lease will be signed by the Secretary of Agriculture. The application must be filed with the supervisor, who will forward it to the District Forester, accompanied by special-use report (Form 964). The District Forester will forward it to the Forester with his recommendations as to the conditions upon v/hich the privilege is granted, its duration, and the compensation to be requu'ed. After the application has been approved by the Secretary of Agriculture and the necessary action has been taken by the For- ester, the papers will be returned to the District Forester. SPECIAL USB ON ADMINISTRATIVE SITES. National Forest lands selected for administrative purposes may be used under special-use permits, as any other National Must not inter- jp^rest lands, as long as the special use does not prevent fere with adminis- • , <> -xi j.i i • • x- t> ^ ^• trative use. ^r mteriere with the admmistrative use. rrospecting which does not interfere with administrative use should be allowed without formal permit. All permits for use of administrative sites wiU con- wheSeneelSd! ^^^^ ^£e following conditions: This permit will be abandoned by the permittee on 30 days' notice from the supervisor that the land is needed for administrative use by the Forest Service. ADVERTISING SIGNS. No permits will be issued for conspicuous or unsightly advertising Ti iVhti • signs. There is no objection to small signs which will not permitted!^^^ serve also as guideposts where guideposts are neces- sary. Such permits will be issued free of charge. (Kegulation L-32.) ROADS AND TRAILS. No permits are necessary for the construction or repair of State or . county roads. Forest officers will confer with the essary^^for"^tate authorities in charge of such work and wOl cooperate and county roads, with them in the disposal of refuse and in safeguarding the National Forests against injury. 14 2SrATI0N"AL, EOREST MANUAL SPECIAL. USES. The supervisor may, in his discretion, permit the free use of National Forest material and products for the construction or Free use of ma- repair of roads or trails within National Forests, ro"ds! °^ ^^ '^ with prejudice to any free-use apphcation made in the same year for material and products for other pur- poses, when such ro«,ds or trails are of sufficient public benefit to justify the free use. The regular free-use permit form will be used. When the road or trail is of a private nature and the apphcant is not entitled to a free use, the timber used or destroyed in its construction must be paid for. (Regulation L-35.) CONDUITS AND EESERVOIRS FOR rBBIGATION. „ ., No charge will be made for permits for irrigation Free permits. ^^^^^^^^^ t^egulation L-32.) As under the act of March 3, 1891, as amended by the act of May 11, ^ 1898, easements can be secured for irrigation proj'ects asemen s. ^^ National Forests, it is unhkely that supervisors will be called upon to issue permits for many large projects, although apphcations may be received pending the approval of apph- cation for easement to the Department of the Interior. For small projects the procedure will be the same as in other special- use cases. For large projects more accurate and Procedure. detailed maps may be required, and also prima facie evidence of water appropriation and plans for dams and other structures, if the supervisor considers such requirements necessary. If in the opinion of the supervisor an examination should be made „ ... by the District engineer, he will make such a request to Ti-?^^^^^^i^Lr the District Forester, who, if he considers it advisable, will authorize the examination. The report of the Forest oJ0S.cer should show, if possible, whether or not any development of water power for the genera- Water power. ^Jq-q Qf electric energy is contemplated. TELEPHONE LINES. Permits are necessary for aU telephone lines within National Forests. They wiU be issued with the provision for free use and ^^Permits neces- ^^^^ connection by the Forest Service, and no charge ^' will be made. Only in exceptional cases will permits be issued without the provision for free use and free connection,^ and in such cases the charges wiU be determined for each case on its indi- vidual merits. Permits are also necessary for all telephone lines along county roads. Congress granted rights of way over the pub- on coStv^oaS^^ li^ 1^^^ ^^r highways. (U. S. Rev. Stat., sec. 2447.) ' By that grant the lands of the United States were subjected to the servitude of a highway for the benefit of the county. Telephone companies must, of course, secure the consent of the county authorities for the construction of these lines, but the county's title and interest is only that of a right of way, while the fee in the land remains in the United States. Hence a telephone line on a county road through National Forest lands can be operated lawfully only under permission from the Forest ISTATIONAL. FOREST MANUAL SPECIAL USES. 15 Service, notwithstanding any permission from the county. It has been generally settled by the courts that telephone lines, when con- structed along a highway, are an additional servitude, and that the owners of abutting land can require compensation for damages through the construction of such telephone lines. The State legisla- ture can empower a county to impose such an additional servitude upon private lands, provided reasonable compensation is paid, but it can give no authority to impose it on the lands of the United States. TEIiEGEAPH I.INES. Permits are necessary for all telegraph hnes within National Forests, . even along county roads, as in the case of telephone san^^^ ^ ^^''^^' ^i^^s- N^ charge for permits will be made if the applicant agrees to allow the Forest Service the use of the poles for stringing telephone hnes needed by the Forest Service in connection with the administration of the National Forests and to be used exclusively for official business. SPECIAL USES ON CLAIMS. If a permit is granted to a claimant for special uses on an unper- fected claim for purposes outside its development, no charge will be made if such use is made by the claimant. Before a permit for special uses on an unperf ected claim for purposes outside its development is granted to any other person, the written consent of the claimant must be obtained by the applicant and filed with the supervisor, and the permit will be conditioned upon the payment of the charges fixed by regulation L-33. In each case, before such a permit is issued, it will be submitted to the District Forester for the purpose of obtaining from the District assistant to the Solicitor an opinion whether, under the proclamation afFecting the land involved, there is any authority in the Forest Service to issue a permit in respect thereto. (For pro- cedure when claims are occupied and used without permit for pur- poses not consistent with their development, see " Forest Protection.") PERMITS ON FOREST HOMESTEADS. All persons who settled on agricultural lands in National Forests before January 1, 1906, and have not abandoned agricvTlturaUand! ^^^ir 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 appear to have the preference right of entry under that act, may be issued permits 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, provided that the land is not adversely claimed under settlement made before its withdrawal, or after its withdrawal and before January 1, 1906. When land covered by a paid agricultural permit is applied for by the permittee under the Forest homestead act, and Payments to the permittee is entitled to its free use in accord- tkm under^act'^of ^^^^ with the above instructions, the old special-use June 11, 1906! pase should be closed immediately and a free permit issued. 16 NATIOITAL, FOREST MANUAL SPECIAL USES. Residence upon the land under the speciai-use permit can not count Residence un- ^^ a part of the statutory residence period required der permit not before making final proof. Under a ruling of the credited on final Department of the Interior, of January 12, 1910, per- V^°^^' sons who are permitted to occupy National Forest lands for agricultural purposes under special-use permits and who aiterwards make a Forest homestead entry on the land must show five years' actual residence after entry. DSIFT FENCES. Drift or division fences may be allowed under permit when they Permitted if will facilitate the National Forest administration, and benefiting Forest will not interfere with the full use of the range by all administration. ^j^q are equitably entitled to it. A fence may be constructed or maintained if it does not give con- trol of an area in excess of that actually required for gr^tTng^permit pasturage of the stock which the person or persons maintaining it would be entitled to graze or give individual control of particularly desirable portions of the range. If the range controlled by a fence is excessive in area and ought to be shared by permittees in addition to those now chan^'^e^o^f f^aces'^ using it, the fence must be either removed or changed ^ ' or the range opened to other permittees who are en- titled to share in its use. All drift or division fences must be provided with fences* ^ ^ ^ ° gates at such points as are necessary to allow proper ingress and egress. Whenever drift fences are needed for the better control of stock grazed under permit, all forest material needed for teriafs^^^*' ^^~ ^^® ^ their construction may be furnished from the National Forest free of charge, and in cases where the circumstances 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 v/ill become the property of the United States. Permits for drift fences will be granted without Charge. charge if necessary to control stock grazed under permit. The map accompanying the report should in each Map. case show the location of the drift fence and its length in rods or miles. If a person maintaining fences upon the public lands applies for a special-use permit for the construction and maintenance of a part of the same fence or of another fence upon National Forest land, the supervisor will, before issuing a permit, prepare a letter for the signa- ture of the District Forester to the Chief of Field Division of the Gen- eral Land Office, informing him of the existence of such fence on the public land and asking him whether the issuance of such special-use permit by the Forest Service would in any way embarrass the Depart- ment of the Interior. If no objection is made by the Department of the Interior^ such special-use permit may be issued.^ NATIONAL FOREST MANUAL SPECIAL USES. 17 CORIIALS. Permits for corrals covering an area of not more than 1 acre . , may be issued without charge when necessary for reapermi e . ^^^ proper handhng of permitted live stock on a National Forest. PASTURES. The construction of inclosures may be allowed when necessary . for 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 exclusive 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 year- long period. In pasture permits provision must be made, when necessary for utilization of the adjoining range, to allovf free water ^^ ^ ^ * ° access to water by any stock grazing under per- mit. Inclosures will be allowed: f • 1 (a) To pasture saddle horses, milch or work ani- ures ^ ^^^ °^" ^^^^7 graded or pure-bred stock, and bulls or rams. (b) 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 being 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 portion of the year when needed for protection against other stock. Inclosures for stock exempt from permit should not be greater than -, t t k ^^ needed for 10 head, and, unless there is good reason xemp s oc . ^^^ -^^ ^^^ more than 80 acres should be allowed for this purpose. When the area applied for includes land now bearing trees the effect v/hich grazing would have on reproduction timbe/'^ ^°° should be carefully considered before the applica- tion is approved. In fixing the charge within the minimum and maximum estab- . . lished by regulation L-33, the character of the land, of chsfrge^'^^ ^°° ^^® quantity of the pasturage, the presence of per- manent water, and the demand should all be consid- ered. An advance over the minimum should be made whenever the area applied for is particularly desirable. Pasture, agricultural, and wild-hay land may be allowed under a - single permit, but in no case shall the agricultural unde? permir^^^ land exceed 160 acres nor the pasture land 320 acres, and the charges for the three uses will be calculated separately on the basis of the rates established in regulation L-33. The dominant use will determine the case designation of the combined permit. 90034°— 11 3 . 18 ]srATio]srAi. forest manual — special, uses.; When an applicant for a pasture in connection with a hotel or summer resort desires to make a charge for pasturing Pastures in animals owned by his guests, this should be consid- hotels? ^°^ ^^ ^^^^ ^^ fixing the rate per acre, and a higher charge made than when the pasturing is to be allowed free. The permit should fix the maximum number of animals which ma^y be allowed to graze within the pasture at any one time and the maximum charge per head per day which may be made, the amount not exceeding 15 cents. Such pastures must not in any case include all of the avail- able grazing land or camping grounds in the vicinity, but must leave opportunity for the public to camp outside if they desire so to do. PEHMITS UNDSa BEGTJLATION I.-37. A permit to inclose and use not to exceed 320 acres of Forest land without charge ma}'' be granted in exchange for a waiver of exclusive use of private lands adjoining National Forest lands vvhen such an arrangement will be advantageous to the administration of a national forest. (Regulation L-37.) Before issuing permits under regulation L-37 the supervisor must determine that the title to the land for which a invofved waiver to its exclusive use has been given has passed from the United States and that the applicant has the right to its use. (See Forest Surveys and Boundaries — Forest Atlas^Alienation.) Permits may be based upon the following: _.,,,,, (a) Lands for which patent has issued by the Patented land, tt •/ j oj. i United States. (h) Railroad lands within the primary limits of a Railroad land, grant made by Congress, on land not classified as mineral. When an application for an inclosure permit in exchange for the use of private lands is received, a record will be made supervfsOT ^ showing the name and address of the applicant and description and acreage of the land owned or leased for which a waiver to the exclusive use is given. If after careful in- vestigation it appears advisable, the supervisor will issue the permit in triplicate, sending the original to the applicant, filing the dupli- cate, and sending the triplicate to the ranger in charge of the district. STOCK TANKS. Permits for the construction of stock watering tanks may be issued J, . free of charge to grazing permittees, provided that all ree permi s. ^iqq^ grazed under permit upon the range are allowed access to the water. The inclosure of not more than 40 acres in connection with the watering place may be allowed when necessary for the protection of the range, for which the usual pasture charge will be made. The inclosure of existing sources of water supply will not be allowed, and permits allowing the improvement or development of such sources of water supply must provide that the water Vv^ill be left open for the use of all stock grazed upon the range under permit. NATIONAL FOREST MAiSiUAL SPECIAL USES. 19 WILD HAY. Permits to cut wild hay growing on National Forest lands may be issued on an acre basis by the supervisor or by ^'t^b^f^ ^^t" ^o^^st officers designated by him. Cutting will not tijig. ' be permitted until the Forest officer is assured that the purchase price has been forwarded to the United States depository. In issuing permits to cut hay preference should be given those applicants who actually need the hay for their own plicaEts^^^'^^ ^^' ^®^ rather than to those who contemplate selhng it to others. GAME PB-ESEBVES AND FISH CTJLTUBE. No permits will be issued for game preserves or any use of land which would result in preventing or restricting lawful hunting or fish- ing 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. SPECIAL BEQUmEMENTS. Such special requirements in special use cases must be inserted in the permits as are necessary to protect the interests of the National Forests. The following special requirements vnll be inserted, except in unusual cases where they are not applicable: This lake (or stream) will be open and free to the public at all Fish hatcheries times. , ^ , . . , , or other uses on Lawful fishing m the lake (or stream) during natiiral lakes and the open season shall not be prevented or re- streams, stricted. The United States Bureau of Fisheries has the right to use the lake (or stream) for purposes of artificial propagation. To construct and maintain fish ladders or fish- streams. ^^ ^ ways which will enable fish to pass over the dam at all times. Residences, re- To clear and keep premises clear of all inflam- sorts, etc. mal)le refuse and undergrowth. To clear and keep clear of all refuse, brush, or other inflam- mable material such width on each side of the Logging rail- track, and to observe such other precautions roads, tramroads, • 4. £■ i • j i, j.i. Tr< 4. etc. against fires as may be required by the r orest officers. (Where practical, to use only oil for fuel.) To clear and keep the land clear of all refuse and inflammable substance, and to observe such other precautions vSmelters, lime against fire as may be required by the Forest and charcoal %■ J ^ J kilns, etc. ofncers. To maintain effective apparatus to prevent the escape of any fumes injurious to vegetation. 20 NATIONAL, FOREST MANUAL SPECIAL, USES. To allow Forest officers the free use of the line for official busi- _, , - ness to the nearest switchboard or exchange out- side or tlie h orest. To allow the Forest Service to make connections with the line free of charge, and to charge no toll for any messages over connecting lines built and maintained by the Forest Service, To build bridges at such points as the forest trails ^ ^ ^ ° officer in charge may designate. To build new roads or trails in place of any cut off or destroyed. This road (or trail) within the National Forest shall be open to free public use at ail times. , To dispose of all oft'al in such manner as the house^s^ ^^' Forest officer in charge shall require. _ . * To construct gates at such points as may be designated by the Forest officers. This permit gives no right to the exclusive use of any lands, and the range controlled by the fence must be open at all times to other permittees who are entitled to share its use. This permit shall be without effect except in connection with a grazing permit. - . To allow the use of this corral by Forest officers and all persons holding grazing permits. This corral shall, when in use, be examined Corrals equip- every day by permittee, and all stock not owned gates. ''^^ ^^^ ^^ controlled by permittee shall be turned out upon the range. To dispose of waste dipping solution and dead stock in such . manner as the Forest officers shall require, jjipping vats. Q^^y g^^^j^ grazing in the National Forest under permit (or covered by a crossing permit) shall be dipped in this vat. To leave watering places open to other stock grazing under _, ^ permit. To construct gates at such points as may be designated by the Forest officers. This permit shall be without effect except in connection v/ith a grazing permit. This permit shall be canceled whenever any of the land inclosed is listed for settlement under the act of June 11, 1906. The supervisor may in his discretion incorporate the following stipulation in pasture permits: "To allow the use of the in- closure at all times by the Forest officers for administrative purposes and for pasturing their saddle horses." This stipula- tion should only be inserted when such use is an administrative necessity, and in such cases the probable amount of use by Forest officers may be given consideration in fixing the fee to be charged. When an inclosure is allowed under Regulation Lr-37, the following condition should be inserted in the permit : ' ' The per- mittee, being the owner (lessee) of (give description) , shall allow the free and unrestricted use thereof to all stock permitted to graze on adjoining National Forest lands." NATIONAL FOSEST MANUAL SPECIAL USES. 21 g. ^ X „j^ To keep the stock tank in good repair. This permit shall be without effect except in connection with a grazing permit. This permit is granted with the understanding that the stock tank when constructed shall not be destroyed and will become the property of the United States. When the inclosure of a stock tank is allowed, the following condition will be added: "To allow the use of this inclosure at all times by the Forest officers for administrative purposes." To cut timber and dispose of all refuse, including sawdust and S m'lls ^^^ waste material, as directed by the Forest officer; To equip all steam engines with approved spark arresters. To observe such other precautions against fire as may be required by the Forest officers. IITTEEIOR DEPARTMESTT EIGHTS OF WAY. EASEMENTS. EXPLANATIONS. The following rights of way, amounting to easements across National Forest lands, are provided for by Congress and are Jurisdiction. under the jurisdiction of the Secretary of the Inte- rior : 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 Railroad grant. ^^^ g^^^^ ^214), grants rights of way for railroads. 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 Grant forimga- ^gj-Qsg ^^q pubHc lands and National Forests for irri- gation reservoirs and canals. Section 4 of the act of February 1, 1905 (33 Stat., 628), grants Grant for munic- rights of way in National Forests for reservoirs, con- ipal and mining duits, and water plants for municipal and mining purposes. purposes. All applications for rights of way under the foregoing acts must be Applications to filed in the proper local land office of the Department local land offices, of the Interior. Particular attention is called to the fact, however, that the acts above mentioned, granting rights of way amounting Applicants may to easements for railroads, irrigation reservoirs and H^L''^^^fi*J?,^."i canals, and reservoirs, canals and water plants for of Agri culture ..' , ..,' ■■ , . ^ permits. mmmg and municipal purposes, do not m any way prevent or interfere with the securing of permits for these purposes from the Department of Agriculture. The issuance of a permit for any of the purposes named will not in any way prevent the permittee from fifing a map of location for approval and record by the Secretary of the Interior under the right-of-way acts. The granting of an Interior Department right of way supersedes the permit issued by the Department of Agriculture. The regulations of the Department of the Interior require that all appficants to that department for rights of way Stipulations to amountmg to easements in National Forests shall FOT^sts ^*^°°^ enter into such stipulations and execute such bonds as the Forest Service may require for the protection of the National Forests. AU such applications, when received from the General Land Office at Washington wiU be referred by the Forester Applications re- ^^ ^j^g District Forester of the District ui which the FOTester" ""^ eights of way applied for are situated, in order that the District Forester may, before recommending the approval of the right of way, require the appficant to file such stipu- lations and bond, if any, as may be necessary to protect National Forest interests. 22 NATIONAL FOREST MANUAL — SPECIAL "USES. 23 PROCEDURE. An application filed in error with the Forester, District Forester, or Error in place of supervisor will be returned to the applicant for filing filing. in the proper local land office. When the Forester receives the map of application from the Gen- . , eral Land Office he will make three prints and return FoSster.^''*''*" the original with an appropriate letter. He will then send to the District Forester the prints and three carbon copies of his letter to the commissioner. Upon the receipt of the prints and carbons, the District Forester Initial action by Will forward two copies of each to the supervisor District Forester, and retain one copy of each for his own files. Upon the receipt of the prints and carbons, the supervisor will for- . ward one copy of each to the ranger, will cause an vi^r ° ^ ^'^^^^" ininiediate field examination to be made, and will report with recommendations to the District Forester on Forms 964 and 578. When it appears to the supervisor that the right of way applied for will be used m connection with the develop- ment of water power or may conflict with such development, he will recommend to the District Forester that a field examination be made by the District engineer. If in the judgment of the District Forester a field examination by District engi- the District engineer is necessary he will cause such neer's examina- examination to be made. In such cases the District *ion. engineer will m^ake a field examination of the project and collect all data bearing upon the case that may be necessary and available. Whenever practicable the supervisor will cooperate in making this examination. If the right of way is to be used for a railroad, the District engineer should determine whether in his judgment the road, if built, will cross reservoir sites of special value or those likely to be needed in the near future, or will interfere with power or other development already projected. In such cases, the District engineer should report whether the power or other use is so immediate or so important as to justify the department in recommending to the Secretary of the Interior that he require a relocation of the line before approving the applica- tion. If the application is for an irrigation right of way under the act of March 3, 1891, or for municipal or mining purposes under the act of February 1, 1905, the opportunity for the use of the right of way for other purposes, especially for the development of power, should be carefully investigated. After the completion of the examination and the collection of data, . the District engineer will submit to the District For- neer's report^"^^' ^^^er a report in duplicate on the project, describing it in detail, and giving the results of his examination. If the application is under the act of March 3, 1891, or February 1, 1905, the report should state the amount of water to be used and the locality where used. If the development of power is contemplated or is possible, a careful estimate should be made of the amount of power capable of development, whether if developed it will be used com- mercially or otherwise, and the comparative value of the right of way if used as appUed for, or if used for the development of power. The 24 NATIONAL FOREST MANUAL SPECIAL USES. report should, contain recommendations, with a full and concise statement of the reasons therefor, concerning the approval or dis- approval of the application. The dupKcate copy of the District engineer's report will be sent to the supervisor for his files. If upon the showing made in the report of the supervisor or the District engineer the District Forester believes the District Forest- application should be approved, he will prepare a vorable report. " stipulation in triplicate and submit the origmal to the applicant for execution. He will also send one copy to be retained by the applicant. Upon the receipt of the executed stipulation he will submit it to the District assistant to the Solicitor for approval as to its form a,nd execution, and when approved the District Forester will prepare a letter to the Com- missioner of the General Land Office for the signature of the Forester, reporting favorably upon the application, and will forward it, together with the executed stipulation, the supervisor's report, his own recom- mendations, and the correspondence file, to the Forester. A copy of the. stipulation will be sent to the supervisor for his files. In cases reported upon by the District engineer, all papers, including his report, will be transmitted through the chief engineer to the Forester. If upon the showing made in the reports of the supervisor and the District engineer, or upon his own knowledge of the District Forest- q.^qq t,he District Forester believes that the application er's action mun- 111-1, i i -n j. ^f x- favorable recort. should not be approved, he will not prepare the stipu- lation for execution by the applicant, but will forvfard the reports, recommendations, and other papers as in the case of a favorable report. He will also prepare and forward with the other papers a letter for the signature of the Forester to the Commissioner of the General La,nd Office, stating the grounds upon which the unfa- vorable action is recommended. If, however, the application is not approved because it appears to have been made under the wrong act and not to the wrong department, as for instance, an application made under the act of March 3, 1891, instead of the act of February 1, 1905, the District Forester will prepare the stipulation as in a favorable report, present it for execution by the applicant, and transmit it with the other papers. Upon the receipt of the report, recommendations, and other papers from the District Forester, the chief engmeer will enghieer examine the papers and reports, and will forward them, together with his own recommendations, to the Forester. After the recommendation has been made to the Department of . the Interior, the Forester will return all the papers FoSr!''*'''" ^ the case to the District Forester. When the For- ester receives notice from the General Land Office that a right of way is finally granted or denied, or that proof of construc- tion has been filed, he will forward such notice to the District For- ester, who will inform the supervisor. NATIONAL FOREST MANUAL SPECIAL USES. 25" BREACH OF STIPULATIONS. Legal proceedings are necessary to compel the grantee of rights of _ . . J v/ay to comply with the stipulations agreed to as a tion ne?essary.^ ' condition of the grant . Such proceedings will be under the direction of the Attorney General of the United States upon the recommendation of the Secretary of the Interior. In case of the breach of stipulations required by the Interior Depart- . . , ment, on the recommendation of the Secretary of pervison ^ ^"' -Agriculture, as a condition for the granting of rights of way amounting to easements in the National Forests, the supervisor will make a full report of the facts to the District Forester. In case of such a breach of stipulation by the grantee of the rights A f b D* ^^ ^'^^J} ^^® Department of Agriculture will report the trict FcSester. ^^" ^^^^^ ^^ ^^® Department of the Interior by a letter to the Secretary of that department, prepared by the District Forester in cooperation with the assistant to the Solicitor, for the signature of the Secretary of Agriculture, accompanied by all reports or other information bearing on the case. FORFEITURE OF GRANTS. Legal proceedings are necessary to secure the forfeiture of rights of _ ,. . J way amounting to easements. Such proceedings will tion necessary. *^" ^^ under the direction of the Attorney General of the United States upon the recommendation of the Secretary of the Interior. The supervisor will re|3ort the facts to the District Forester when . . , ^ construction work or use of the rights of way is not pervlson ^ ^^" completed within the statutory period, or when the rights of way are being used for the purposes not authorized by the act, as where a right of wajr secured under the irrigation right of way act is not used for the main purpose of irriga- tion, but for generating power for sale. In case of misuse or nonuse of rights of way amounting to ease- . , u jy- ments in the National Forests, the Department of trict^Forester. ^^" Agriculture will report the facts to the Department of the Interior by a letter to the Secretary of the Interior prepared by the district forester, in cooperation with the District assistant to the Solicitor, for the signature of the Secretary of Agri- culture accompanied by all reports or other information bearing upon the case. In cases reported upon by the District engineer all papers will be transmitted to the Forester through the chief engineer. When misuse of rights of way is involved, an examination should R rt f D* - ^® made by the district engineer, whenever in the trict^engineer. ^^" judgment of the District Forester such examination is desirable. The report should set forth the character of the misuse and such other facts as would be presented in a report upon an original application. The report will be in duplicate and one copy will be sent to the supervisor for his files. SPECIAI-USE FOEMS. Form 832 (Revised March 18, 1911.) UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Special-Use Permit , , National Forest. (Jvind of use.) (Date.) . • Pennission is hereby granted to of , , to use the following- described lands: (Describe the lands to be occupied, if unsurveyed, by metes and bounds with ref- erence to a road or stream or well-known landmark; right of way by terminal points, direction, and lands occupied.) for the purpose of (Briefly but clearly describe tiie uss, giving area of inclosures, length and width of right of way, etc.) subject to the following conditions: 1. The permittee shall pay to the National Bank of (United States depository), to be placed to the credit of the Treasurer of the United States, in consideration for this use, the sum of dollars ($ ), annually in advance from , 191. . ; and this permit shall have no force or effect until the first annual payment is made. 2. The permittee shall comply with all the laws and regulations governing National Forests. 3. This permit is subject to all valid claims. 4. The permittee and employees, contractors, subcontractors, and their employees shall do all in their power, both independently and upon request of Forest officers, to prevent and suppress forest fires. 5. The permittee shall dispose of brush and other refuse as required by Forest ofiicers. 6. The permittee shall pay the United States for any damage resulting from this use. 7. Construction work under this permit shall begin within months, be completed within years, and this use shall be actually exercised at least days each year, unless the time ia extended or shortened. 8. This permit is not transferable, and shall terminate upon breach of any of the conditions herein, or at the discretion of the Forester. 26 NATIONAL FOREST MANUAL SPECIAL USES. 27 (Reverse side of Form 832.) 9. Timber shall be obtained (State whether by purchas3 or under free-use permit.) 10 - (Any further conditions required.) (Date.) (Signature of officer issuing permit.) (Title.) Form 80 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Railroad Stiptjlations Uses, (Forest.) • (Railroad). (Name of applicant.) (Date of application.) Wliereas, tlie railroad right of way applied for by the Co. (hereinafter called the Applicant) is within the National Forest, as shown by a certain tracing executed by on , 19 . . , and filed in the United States Land Office at : , State of on 19.., and _ Whereas, the regulations of the United States Department of the Interior concerning rights of way for raihoads, reservoirs, canals, etc., provide that whenever such rights of way are located upon National Forests the Applicant must enter into such stipula- tions and execute such bonds as the Secretary of Agriculture may require for the pro- tection of the National Forests; and Whereas, the Secretary of Agriculture requires for the protection of said National Forest that the Applicant shall enter into the stipulation hereinafter set forth; Now, therefore, in consideration of the granting of the right of way applied for, the Applicant does hereby stipulate and agree, and does bind itself, its successors and assigns, as follows, to wit: _ 1. To clear and keep clear of all timber and other inflammable substance all of said right of way and all other lands owned or controlled by the Applicant as a right of way, however acquired, lying between the points where the center line of said right of way intersects said Forest boundaries and all lands of said forest within 200 feet of said center line; but the supervisor in charge of said National Forest may in writing specific- ally exclude from the operation of this clause such lands as he deems proper, as, for example, when a stream, the right of way of another railroad company, or other ade- quate fire break lies between the right of way of the Applicant and that part of the Forest which may be in danger from fire, to cut all trees, when physically possible, BO that they shall fall entirely within the strip to be cleared, and to remove all timber that, when cut on the strip to be cleared, may fall without the strip. 2._ To pay to the National Bank of (United States depository), or such other depository or officer as may hereafter be designated by the_ United States, to be placed to the credit of the United States, in advance of cutting or construction, as required by the supervisor of said National Forest, for all live and dead timber, standing and down, merchantable in the judgment of the Forest supervisor, cut, damaged, killed, or destroyed on said right of way and the additional strip referred to in clause 1, title to which, at the time of said cutting, damaging, killing, or destruction, is in the United States, and for all other merchant- able live and dead timber on other lands of the United States damaged, killed, or destroyed in clearing said right of way in accordance with the scale or estimate of the Forest officers, at a rate to be fixed by the said supervisor which shall correspond to the prevailing stumpage rates charged on said Forest at the time said timber is cut, damaged, killed, or destroyed; and to dispose of all brush, refuse, or unused timber accumulating at such times upon such right of way or such additional strip in such manner as may be requhed by the Forest officers. 3. To build new roads and trails as required by the Forest officers to replace any roads or trails destroyed by construction work upon said right of way, and to build and maintain suitable crossings, as required by the Forest officers, for all roads and trails which intersect the right of way, or for the passage of live stock, such crossings to be protected by suitable cattle guards. 28 NATIONAL FOREST MANUAL — SPECIAL USES. 29 4. To require its employees, contractors, and employees of contractors, both inde- pendently and at the request of the Forest officers, to do all reasonably within their power to prevent and suppress fires. 5. To pay to the United States depository or other officer as aforesaid, on demand, for any and all damage caused by fire or otherwise to the United States by reason of the use and occupation by the Applicant of its right of way within the exterior bounda- ries of said National Forest; and whenever any fire shall originate on or within 200 feet of such right of way it shall be conclusively presumed to have resulted from said use and occupation, unless the Applicant shall show affirmatively either that the fire was set by others than itself, its employees or contractors, or the employees of euch contractors, or that every locomotive, engine, and boiler used on said right of way at the time of such fire used oil exclusively for fuel, or that such of them as did not use oil exclusively for fuel were equipped with suitable spark arresters or other standard equipment to prevent the escape of sparks or fire from smokestacks, ash pans, fire boxes, and any other part. 6. To allow the Forest Service without charge to install and maintain telephone instruments in the railroad stations in said National Forest, and to string its telephone wires upon the poles erected by the Applicant along said right of way for the official business only of the Department of Agriculture: Provided, That no such instrumenta or wires so installed or strung shall be used in connection with or in furtherance pf the transmission of messages by telegraphy except for the official business of the said department; to require train crews to notify station agents of fires and of their direc- tion and distance from the station by the quickest practicable method; and the station agents to notify the Forest officers by means of such telephones of fires within said National Forest coming to their knowledge. 7. To adopt and put into effect such code or system of locomotive signals, for the purpose of notifying station agents of forest fires, as may hereafter be secured by the Forest Service in cooperation with the officials of railway companies of the United States operating railroads in National Forests. 8. To allow officers of the J'orest Service free and unrestricted access in, through, and across all lands covered by said right of way in the performance of their official duties; and the Forest Service may without charge construct or permit to be con- structed in, through, or across the land covered by said right of way, roads, trails, con- duits, and other means of transportation not inconsistent with the enjoyment of said right of way by the Applicant, its successors and assigns. To make any assignment or transfer of said right of way only after and on condition that the assignees or transferees, jointly and severally, covenant in writing to fulfill and perform all the duties and obligations of the Applicant arising hereunder, includ- ing its obligations under this paragraph. In witness whereof said Applicant has caused these presents to be executed, and its corporate seal to be hereunto affixed at , - on this day of ,19... [corporate seal.] By Attest: Secretary. N. B. — Evidence of authority to execute this instrument must be submitted with it. Form 81 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Stipulations (Irrigation, Municipal, Mining.) (Acts Mar. 3, 1891; May 11, 1898; Feb. 1, 1905.) Usea (Forest.) (Name of applicant.) (Reservoir) (Conduit) (Date of application.) Whereas the right of way applied for by (hereinafter called the Applicant . . ) is within the National Forest, as shown by a certain tracing executed by on , 19- • , and filed in the United States Land Office at , State of on • , 19. . ; and Whereas the regulations of the United States Department of the Interior concern- ing rights of way for railroads, reservoirs, canals, etc., provide that whenever such rights of way are located upon National Forests, the applicant must enter into such stipulations and execute such bonds as the Secretary of Agriculture may require for the protection of the National Forests; and Whereas the Secretary of Agriculture requires, for the protection of said National Forest that the Applicant., shall enter into the stipulations hereinafter set forth: Now, therefore, in consideration of the granting of the right of way applied for, the Applicant., do., hereby stipulate and agree, and do., bind himself, his heirs, exec- utors, administrators, and assigns, and each of them jointly and severally (themselves, their heirs, executors, administrators, and assigns, and each of them jointly and sev- erally) (itself, its successors, and assigns) as follows, to wit: 1. To pay to the National Bank of T (United States depository) or such depository or officer as may hereafter be designated by the United States, to be placed to the credit of the United States, in advance of cutting or construction, as required by the supervisor of said National Forest, for all live and dead timber, standing and down, merchantable in the judgment of the Forest supervisor, cut, damaged, killed, or destroyed, on said right of way, title to which at the time of said cutting, damaging, killing, or destroying, is in the United States, in accordance with the scale or estimate of the Forest officers, at a rate to be fixed by said supervisor, which shall correspond to the prevailing stumpage rates charged on said Forest at the time said timber is cut, damaged, killed, or destroyed; and to dispose of all brush, refuse, or unused timber accumulating at such times upon such right of way in such manner as may be required by the Forest officers. 2. To pay to the United States depository or officer. . as aforesaid, on demand, for all damage to said National Forest resulting from the breaking of, or the overflowing, leaking, or seepage of water from, the reservoir or ditch, and for all damage to said 30 NATIOISTAL. FOREST MANUAL SPECIAL USES. ., 31 National Forest caused by the negligence of the Applicant. . his (their) Cits) employees, contractors, or employees of contractors. 3. To build new roads and trails, as required by the said Forest supervisor, to replace any roads or trails destroyed by construction work or flooding upon said right of way, and to build and maintain suitable crossings as required by the supervisor for all roads and trails which intersect the right of way. 4. To require his (their) (its) employees, contractors, and employees of contractors, both independently and at the request of the Forest officers, to do all reasonably within their power to prevent and suppress fires. 5. To allow officers of the Forest Service free and unrestricted access in, through, and across all lands covered by said right of way, in the performance of their official duties; and to allow the Forest Service, without charge, to construct or permit to be constructed in, through, or across the land covered by said right of way roads, trails, conduits, and other means of transportation not inconsistent with the enjoyment of said right of way by the Applicant. . . To make any assignment or transfer of said right of way only after and on condition that the assignees or transferees, jointly and severally, covenant in writing to fulfill and perform all the duties and obligations of the Applicant. . arising hereunder, including his (their) (its) obligations under this paragraph. In witness whereof, said Applicant. . has (have) caused this instrument to be exe- cuted at on this day of , 19. . . N. B. — When this instrument is executed by officers of a corporation, it must be accompanied by evidence of their authority to do so. Form 861 (Revised June 1, 1910.) LETTES OF TRANSMITTAL See other side for instructions — read carefully. ,191.. National Bank United States Depository, There is inclosed herewith a (1){ Jraft^^ ordev^ ^^^ dollars, drawn payable to your order, to be placed to the credit of the Treasurer of the United States. This deposit is (First, second, or third payment; payment in full; to cover advertisement; to accompany bid, etc.) on account of (Timber sale, special use, settlement for trespass, cooperative agreement, etc.) National Forest. (2) (Signature of payer.) (3) ' (Post OfflCP.) (Signature of Forest officer.) (Date in designation.) (Title.) Designate transaction in accordance withinstuctions in the Use Book. (Name.) Deposit on account of (Timber sale, special use, settlement for trespass, cooperative agreement, etc.) National Forest. [Reverse side of Form 861.J INFORMATION FOB PERSONS MAKING PAYMENTS. Indicate in the space marked (1) the character of your remittance, in (2) your name, and in (3) the address to which you wish the receipt sent. Failure on your part to make payments in the following manner will delay business: Make payments by postal or express money orders or by national-bank drafts, drawn payable to National Bank Do not send personal local checks. Send payment with the copy of this form furnished you by the Forest officer to National Bank INSTRUCTIONS TO FOREST OFFICERS. Furnish this form to persons making payments for timber and for the use of land or other resources of the National Forests except grazing. Enter in the spaces provided the amount of the remittance and the designation of the transaction on account of which the payment is made. Do not use this form for grazing permits. 32 IlsTDEX. rage. Administrative sites, permits to occupy 13 prospectiag on 13 special clause ia permits 13 Advertising signs, unsightly, not permitted _ 13 Agricultural, pasture, and wild-hay land imder one permit 17 permits, payments to cease 15 Ancient ruins and relics, action by District Forester 12 Forester 13 statutory provision ._ 12 Antiquities, authority to examine given by Secretary of Agriculture 6 permit to examine objects of 12 Appeal from action of Forest officers G Applications, erroneously filed, how referred 9 form of 9 for permits, to whom made 9, 6 rejection of 11 reports on 9 when referred to Reclamation Service 9 Bonds, sawmill cases 10 when required 10 Boundaries, how marked 9 Cases, closing of H Charges, for use of lands or resources 7 may be fixed by supervisor 8 rates of 7 uses for which charge is made 7 when determined by District Forester 8 Secretary of Agriculture 8 when rate not fixed 10 Claims, special uses on 15 Clauses, special ^ - 19, 20, 21 Closing cases, hay sales 12 road and trail. 12 upon entry of land 12 special use cases 12 Conduits, for irrigation 14 Corrals, area permitted 17 District engineer, examination of application for right of way 23 report on right-of-way application 23 Drift fences, charge for, when made IG free use of material 16 gates in IG map accompanying report 16 removal or change of 16 when permitted 16 Easements, jurisdiction 22 Emergency, excuse for taking, material without permit 8 Fish culture - - 19 Game preserves ' 19 Hay, permits to cut, by whom issued 6, 19 ' sales, closing of cases 12 Homesteads, permits on 15 residence under permit not credited on final proof 16 33 34 INDEX. rage. Hotels, at mineral springa 13 pasture in connection with 18 Inclosures, charge for .' 7, 17 effect on timber 17 exempted stock 17 may be authorized 17 permitted in exchange for use of private lands 18 when permitted 17 Irrigation, conduits and reservoirs free 6, 14 easement for conduits and reservoirs 22 investigation of project by engineer 23 works, rights of way for 22 Lands, should be put to highest use 11 Material, may be taken without permit in serious emergencies 8 Mineral springs, hotels and dwellings adjacent to 13 permits for 13 Municipal and mining rights of way 22 Pasture, agricultural, and wild-hay land under one permit 17 in connection with hotels -. 18 Pastures, area of 17 permits allowing exclusive possession 17 permittee must have grazing permit 17 Payments, disposition of, when permit is canceled 8 failure to make 12 notification when due 10 reminder cards 10 second notice, when sent 10 should fall due on first of month 10 Permits, by whom revoked 6, 12 combining different uses 17 conditions and restrictions 6 for fixed term 11 form of 10, 26 free, special clauses 10 preparation and issuance 10 revocation of 12 special clauses in 19 tenure of 11 when closed 12 who may grant 6 Prospecting on administrative sites 13 Reclamation Service, applications referred to 9 Reports, by whom made 9 forms for use in making 9 Reservoirs for irrigation 14, 22 Revocation of permits 6 Right-of-way application, action of chief engineer 24 District Forester 23 Forester 24 Rights of way, application for easement, where filed 23 forfeiture of grant 25 irrigation works 22 municipal and mining pm-poses 22 permits may be issued 14 procedure on applications ; 23 railroad 22 stipulation to protect Forests 22, 28, 30 Roads, generally permit must be secm-ed before road is constructed 8 material used in construction may be obtained without charge 8 may be changed and repaired by States or counties without permit 8 constructed by States and counties without permit 8 no toll shall be charged 8 Roads and trails, closing of cases 12 free use of materials for 8 payment for material used in certain cases 8 permits unnecessary for State and county roads 8, 13 INDEX. 35 Page. Special requirements 19, 20, 21 Special use, definition of 6, 9 what constitutes 9 Stipulations, breach of 25 in right-of-way cases 22 report on breach 25 Stock tanks, free permits 18, 21 Telephone lines, on county roads 14 permits necessary 14 Telegraph lines, permits necessary 15 Trails, material for construction of, may be obtained without charge 8 may be constructed without formal permit , 8 no charge shall be made 8 Water, inclosm-e of, when allowed > 18 power, possibilities of development when reported 14 Wild hay, permit for 19 preference applicant 19 o ■fl(. c^