U. S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE. HENRY S. GRAVES, Forester. THE USE BOOK A MANUAL FOR USERS OF THE NATIONAL FORESTS. 1913. 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, 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 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.) 2 . <0 C/5 ermit for not to exceed SO per cent of the number of permitted stock purchased, provided that the maximum limit restriction is not exceeded. GRAZING. 53 Purchase of stock and ranch. If the ranch property is used in connection with the permitted stock, the pur¬ chaser 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¬ chaser 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 to 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 w^ater 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 purpose 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 ( a ) when there is surplus range which may be used without undue interference with other permittees; (b) u 7 hen 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 a 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 3 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, 1913, 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. Humber 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 full 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, i. 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. 56 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 G-22. 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 u T ho 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.) Au 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. ArPEALS. REGULATION G-23. 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 cant 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 w T ill 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 tbe 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 tbe 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 succession 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 April 25, 1913, 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 tbe regulation will be enforced to as great an extent as tbe interests of tbe Forest demand. A person wbo refuses, ii]x>n request, to salt bis stock will be liable to a reduc¬ tion in permit number during tbe following year. If bis disregard is con¬ tinued, and results in damage to tbe range, be 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 located. Forest officers v/ill 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 rule§ 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- land law’s, 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 aw T aiting 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 towmship plat in the local land office for the district within w hich such land is situated. Failure to do. so may forfeit his prior right of entry. No rights can be initiated in this w r ay upon land which has been withdrawn for or included 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 L-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 tlie disposal of tlie 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 valid 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 10, 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 shall 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¬ culture. 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 ( 34 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 scattered individual tracts along streams, 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 purposes, they are listed with the Secretary of the Interior to be opened to entry. The use and occupancy 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, 1006. Squatters who settled on unsurveyed National Forest land after its withdrawal but prior to January 1, 1906, may apply for the examination of their lands under this act; but application for listing must be made within 30 days after notification by the Forest Service. Upon the ac¬ ceptance of their applications for listing, squatters who settled on unsurveyed National Forest land prior to January 1, 1906, may occupy 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 laud 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 homesteads,” 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 unsurveyed 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 certain 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 ground. 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 local land office for a like period. Proof showing compliance with the provisions of the act of June 6, 1912 (37 Stat., 123), 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 lime 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¬ cant 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. If 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 L-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 allotments on National Forests. (Issued April 25, 1913, to take effect May 1, 1913.) 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 under 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 L-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 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. (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 connec¬ 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). (k) Logging railroads and tramways hauling timber obtained principally from the National Forests. (l) 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-33. 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. Rates per annum. Explanation. $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 permit¬ tee. (Free to preferred applicants 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 graz¬ ing permits.) 2 acres or less. $10 to $20. Gravel.!... $0.02 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 under permit. * Hay cutting. Hotels and road houses. 1 to 3 acres. Limekilns. $10. 1 acre. Pastures. Railroads. $0.04 to $0.25 per acre; not under $2 for any permit. $5 per mile. Not over 320 acres to any one permit* tee. (Charge is in addition to regu¬ lar grazing fee.) No charge for logging railroads haul¬ ing timber obtained principally from the National Forests. 1 to 3 acres. Residences. $5 to $25. Resorts. $10 to $50. 1 to 3 acres. Sawmills, under 20,000 feet per day, sawing princi¬ pally private timber. Sawmills, over 20,000 feet per day, sawing princi¬ pally private timber. Slaughterhouses . $10. 1 to 10 acres. (No charge for mills sawing principally Government timber.) Special rates. $10 to $20. 1 to 3 acres. Stage stations. $5 to $15. 2 acres or less (without hotel features). 2 acres or less. Stores $5 to $50. Tramways (aerial) $10 to $50. Nj 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 L-34. In serious emergencies for the protection of life or prop¬ erty National Forest material may be taken without previous permit, provided a 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 L-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-37. 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. 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 may 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 danger -:- $300 Considerable danger —1- 500 Great danger-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. Appropriating, excavating, injuring, or destroying any historic or prehistoric ruin or monument or any object of antiquity without permit is prohibited by specific act of Congress. CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 69 Special-use permits for the purpose of examining ruins, excavating* archaeo¬ 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 the act of February 28, 1899 (80 Stat., 908), for such periods and upon such terms as to duration and compensation as may be approved 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¬ pecting 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.) SPECIAL USES ON CLAIMS. The owner of an unperfected claim will be required to obtain a permit for any use of the land 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. In both cases the permit will be conditioned on the payment of the charges fixed by Regulation Lr-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 th6 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 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 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. (&) 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. D-37.) 41 STOC3£ 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 acres 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. 71 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. Either 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. EIRE 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 conflagration, 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-l. 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, 1931, 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. 73 that any violation of such rules and regulations shell 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-l # 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 cases 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 wffiich 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. C., 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. 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 (36 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 OP THE NATIONAL FORESTS. 75 edge tliat 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. If, 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 w r as 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 civil 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 careless, 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, long 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 Gov¬ 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, althougn 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. (d) Having or leaving in an exposed or insanitary condition on National Forest lands camp refuse or debris 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. 77 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 stock 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 any 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 can 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 shall 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 he 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 ja trespass, will take such immediate steps as 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 innocence 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 influence 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 associations 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 23, 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. tlie 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¬ ervation. 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 ot 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 archaeological 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. 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. No examination will be made by the Forest Service unless the owner expresses a readiness to take definite steps toward improved management of bis forest lands and agrees to carry out, as far as be finds practicable, tbe recommenda¬ tions contained in tbe report prepared for bim. It is also understood that tbe owner will furnish reports from time to time as requested by tbe Service on the work done, its cost, financial returns, and actual results. COOPERATION WITH STATES, ETC. In addition to direct cooperation with private owners, tbe Forest Service will make special cooperative arrangements, as far as its resources permit, with States, agricultural colleges, boards of trade, and similar organizations for tbe purpose of interesting small owners in tbe 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 physical, 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 investigation 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 methods 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 cost 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. PUBLICATIONS. 83 All of the scientific and investigative work done by the Forest Service which t 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¬ cally. 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- class 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 photographic 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. (b) For use in illustrating material to be published in newspapers or other periodicals. (c) 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. Size, each. Un¬ mounted. Mounted. 4 by 5. $0.06 .07 .08 .11 .17 $0.08 .09 .10 .14 .20 4£ by 6$.. 5 by 7. 6£ by 8i. 8 by 10. 84 THE USE BOOK. SOLAR BROMIDE MAPS. Size of maps, each. Un¬ mounted. Mounted on muslin. 11 by 14. JO. 14 .17 .21 .39 $0.20 .25 .34 .58 14 by 17. 20 by 24. 28 by 34. Lantern slides, each_$0. 35 Bromide enlargements, per square inch_ ’ 003 Bromide enlargements (sepis), per square inch_ _ . 004 Transparencies, per square inch_ . 015 Blue prints, per square foot_ . 04 Vandyke prints, per square foot_ . 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 borrowed for short periods of 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 . State. National Forest district No. Forest. Headquarters of supervisor. Latest proclamation. Date effective. Area. Total. Acres. Acres. Arizona 3 Apache. 3 Chiricahua 1 ... 3 Coconino. 3 Coronado. 3 Crook. 4 Dixie 2 . 4 Kaibab. 3 Prescott. 3 Sitgreaves. 3 Tonto. 3 Tusayan. 3 Zuni 3. Springerville. Portal. Flagstaff. Tucson. Saflford. St. George, Utah.. Kanab, Utah. Prescott. Snowflake. Roosevelt. Williams. Albuquerque, N. Mex. •Feb. 17,1912 July 1,1910 .do. June 19,1912 Feb. 17,1912 Feb. 10,1909 Aug. 23,1910 Oct. 7,1910 Feb. 17,1912 Sept. 26,1910 July 1,1910 Feb. 17,1912 1,276,400 360,000 1,634,000 999,460 890,600 606,200 1,093,600 1,572,000 893,720 2,156,000 1,800,000 57,410 Arkansas. 3 Arkansas. 3 Ozark.... Hot Springs. Harrison.... Sept. 26,1910 1,262,390 Dec. 28,1910 963,500 13,339,390 2,225,890 California 5 5 5 6 5 Angeles. California. Cleveland. Crater 4 . Eldorado 5 .... Los Angeles. Willows. San Diego. Medford. Oreg.... Placerville. Nov. 25,1910 Oct. 12,1910 Nov. 8,1912 July 1,1911 July 28,1910 1,265,300 1,061,000 1,575,670 61,100 835,800 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. ‘ Total of Eldorado in California and Nevada= 836,200 acres. COOPERATION, DIFFUSION OF INFORMATION, ETC. 85 National Forests — Location , date, and area , January 31, 1913 —Continued. State. National Forest district No. Forest. Headquarters of supervisor. Latest proclamation. Date effective. Area. Total. Acres. Acres. California—Con. 5 5 5 5 5 5 5 5 5 5 5 5 6 5 5 5 Inyo 1 . Kern. Klamath 2 . Lassen. Modoc. Mono 3 . Monterey. Plumas. Santa Barbara Sequoia. Shasta. Sierra. Siskiyou 4 . Stanislaus. Tahoe s. Trinity. Bishop. Bakersfield. Yreka. Red Bluff. Alturas... Gardnerville, Nev. Arbolado. Quincy. Santa Barbara.... Hot Springs, Tu¬ lare County. Sisson. Northfork. Grants Pass, Oreg. Sonora. Nevada City. Weaver ville. Feb. 23,1911 Jan. 30,1911 June 21,1912 Dec. 30,1910 Dec. 23,1910 June 30,1911 Dec. 12,1910 July 28,1910 July 1,1910 Feb. 17,1912 June 19,1912 July 1,1910 July 1,1911 Oct. 12,1910 July 28,1910 June 7,1912 1,337,780 1,934,275 1,688,720 1,397,000 1.578.200 883.150 501.150 1,433,600 2.348.200 1,191,840 1,586,880 1,743,000 406,260 1.136.500 1.210.500 1,746,020 26,921,945 Colorado Florida Idaho.. 2 2 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 2 Arapaho. Battlement... Cochetopa. Colorado. Durango. Gunnison. Hayden 6 . Holy Cross.... La Sal 7 . Lead ville. Montezuma... Pike. Rio Grande... Routt. San Isabel. San Juan. Sopris. Uncompahgre. White River.. Fraser. Collbran. Saguache. Fort Collins. Durango. Gunnison. Encampment, Wyo. Glenwood Springs. Moab, Utah. Leadville. Mancos. Denver. Monte Vista. Steamboat Springs Westcliffe. Pagosa Springs.... Aspen. Delta. Meeker. Nov. 19,1912 May 6,1910 June 9.1910 July 1,1910 July 1,1911 June 9,1910 Aug. 8,1910 Dec. 16,1910 Mar. 16,1909 Aug. 10,1910 Aug. 15,1910 Aug. 10,1910 Aug. 15,1910 Aug. 24,1910 May 27,1910 July 1,1911 Dec. 16,1910 Apr. 1,1912 Oct. 17,1912 759,440 746.300 920.300 679.200 704,000 952.200 75,700 605,700 30,500 1,085,000 812,100 1,323,000 1,221,300 936,100 651,200 745,000 656,000 867,860 877,990 3 Florida. Pensacola July 1,1911 674,970 1 4 4 4 4 1 1 4 1 4 4 1 4 4 1 4 1 4 4 1 Beaverhead 8 .. Boise. Cache 9 . Caribou 10 . Challis. Clearwater.... Coeur d'Alene. Idaho. Kaniksu 11 .... Lemhi. Minidoka 12 ... Nezperce. Palisade 18 .... Payette. Pend Oreille.. Pocatello 14 ... St. Joe. Salmon. Sawtooth. S el way. Dillon, Mont. July 1,1910 ! Dec. 24,1910 ! Jan. 24,1912 May 6,1910 July 1,1908 July 1,1911 .do. Boise. Logan, Utah. Montpelier. Challis. Orofino. Coeur d’Alene. McCall. Mar. 23,1912 May 6,1910 July 1,1910 May 6,1910 July 1,1911 July 1,1910 July 1,1911 May 6,1910 Feb.18,1911 15 June 4,191216 July 1,1908 .do. Newport, Wash... Mackay. Oakley. Grangeville. St. Anthony. Emmett. Sandpoint. Pocatello. St. Maries. Salmon. Hailey. Kooskia. July 1,1911 92,000 1,107,000 269,922 695,000 1,194,000 822,700 760,800 1,209,280 465,260 1.136.500 539,050 1,745,060 301,300 863,750 858,000 281,745 1,033,500 1.635.500 1,320,000 1,802,000 14,648,890 674,970 1 Total of Inyo in California and Nevada= 1,413,110 acres. 2 Total of Klamath in California and Oregon= 1,697,920 acres. 3 Total of Mono in California and Nevada= 1,366,440 acres. 4 Total of Siskiyou in California and Oregon= 1,694,250 acres. 3 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. 8 Total of Beaverhead in Idaho and Montana=l,457,000 acres. 9 Total of Cache in Idaho and Utah=579,660 acres. 19 Total of Caribou in Idaho and Wyoming=702,360 acres. 11 Total of Kaniksu in Idaho and Washington=835,740 acres. 42 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. 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, 1913 —Continued. State. National Forest district No. Forest. Headquarters of supervisor. Latest proclamation. Date effective. Area. Total. Idaho—Contd .. Michigan.. Minnesota Targhee Weiser.. St. Anthony. Weiser. July July 1.1910 1.1911 Acres. 738,000 680,400 Kansas. Marquette. Michigan.. Minnesota 2 ... Superior. Garden City. East Tawas. ....do. Ely. Lake. May 15,1908 Feb. 10,1909 Feb. 11,1909 May 23,1908 Sept. 19,1912 303,937 31,843 131,928 294,750 1,276,100 Acres. 19,550,827 303,937 163,771 Montana. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Absaroka. Bear tooth. Beaverhead 3 .. Bitterroot. Blackfeet. Cabinet. Custer. Deerlodge. Flathead. Gallatin. Helena. Jefferson. Kootenai. Lewis and Clark. Lolo. Madison. Missoula. Sioux <. Livingston. Billings. Dillon. Missoula. Kalispell. Thompson Falls... Miles City. Anaconda. Kalispell. Bozeman. Helena. Great Falls. Libby. Chouteau. June 19,1912 Apr. 15,1912 July 1,1910 Apr. 30,1912 June 19,1912 Apr. 30,1912 June 19,1912 July 1,1910 June 19,1912 Sept. 4,1912 Sept. 4,1912 Feb. 27,1912 June 19,1912 .do. 987,710 681,930 1,365,000 1,154,550 1,067,090 1,026,550 512,810 964,000 2,088,720 909,430 920,480 1,175,840 1,623,340 826,360 Missoula. Sheridan. Missoula. Camp Crook, S. Dak Apr. 30,1912 Sept. 24,1912 -do. July 1,1911 1,192,610 1,035,860 1,330,040 115,260 1,570,850 Nebraska. Nevada.. New Mexico.... North Dakota... Oklahoma Oregon.... 2 Nebraska, Halsey. July 2,1908 556,700 5 4 5 4 5 4 4 4 5 4 Eldorado 6 .... Humboldt.... Inyo 6 . Moapa. Mono 7 . Nevada. Ruby. Santa Rosa.... Tahoe 3 . Tolyabe. Placerville, Cal.... Gold Creek. Bishop, Cal. Austin. Gardnerville. Ely. Lamoille. Paradise. Nevada City, Cal.. Austin. July 28,1910 June 19,1912 Feb. 23,1911 Dec. 8,1911 June 30,1911 Oct. 28,1912 June 19,1912 Nov. 3,1911 July 28,1910 Dec. 10,1910 400 726,540 75,330 290,350 483, 290 1,260,800 433,570 299,960 61,970 1,963,100 3 3 3 3 3 3 3 3 3 3 1 Alamo. Carson. Chiricahua 9... Datil. Gila. Jemez. Lincoln. Manzano. Pecos. Zuni io. Dakota Cloudcroft... Tres Piedras. Portal, Ariz.. Magdalena... Silver City... Santa Fe.... Capitan. Albuquerque Santa Fe.... Albuquerque. Feb. 17,1912 .do. July 1,1910 June 7,1910 May 9,1910 Aug. 24,1910 Apr. 1,1912 July 1,1910 Apr. 20,1910 Feb. 17,1912 Camp Crook, S. Dak. Nov. 24,1908 941,790 1,123,400 ' 128,000 2,955,000 1,600,000 880,000 634,400 600.500 715.500 595,300 13,920 3 Wichita. Cache Oct. 13,1910 61,640 6 6 6 6 5 Cascade. Eugene. July 1, .do.. Crater 11 . Medford. Deschutes. Bend. .do.. Fremont. Lakeview. .do.. Klamath 12 .... Yreka, Cal. June 21. 1,097,700 1,019,400 942,020 852,000 9, 200 18,977,580 556,700 5,595,310 10,173,890 13,920 61,640 1 Total of Targhee in Idaho and Wvoming=823,450 acres. 1 Minnesota National Forest created by act of Congress. 3 Total of Beaverhead in Idaho and Montana=1,457,000 acres. * Total of Sioux in Montana and South Dakota= 211,580 acres. 6 Total of Eldorado in California and Nevada= 836,200 acres. ® Total of Inyo in California and Nevada= 1,413,110 acres. 7 Total of Mono in California and Nevada= 1,366,440 acres. 3 Total of Tahoe in California and Nevada= 1,272,470 acres. 8 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 'National Forests — Location, date, and area, January 31, 1913 —Continued. State. National Forest district No. Forest. Headquarters of supervisor. Latest proclamation. Date effective. Area. Acres. Oregon—Contd . 6 Malheur. John Day. July 1,1911 1,262,840 6 Wallowa. .do. 448,330 819,030 1,140,920 6 Prineville. .do. 6 Portland. Oct. 11,1912 6 6 Paulina. Crescent. Albany... July 1,1911 .do. 1,333,360 710,170 1,287,990 821,000 6 Siskiyou 1 .... Grants Pass. .do. 6 Eugene. July 1,1908 July 1,1911 July 1,1911 6 Umatilla. Heppner. 566,920 1,193,440 6 Umpqua. Roseburg. 6 Wallowa. .do. 1,097,670 472,000 6 Wenaha 2 . Walla Walla, Wash. May 27,1910 6 Whitman. Sumpter. July 1,1911 949,230 South Dakota 3 .. 2 Black Hills.... Deadwood. .do. 600,480 640,950 2 Harney. Custer. Apr. 29,1912 1 Sioux * . Camp Crook. July 1,1911 96,320 Utah. 4 Ashley®. Vernal. Oct. 7,1910 Jan. 24,1912 992,100 309,738 460,800 578,500 668,590 440,000 798,610 92,280 4 Cache 6 . Logan. 4 Dixie 7 . St. George. Feb. 10,1909 July 1,1908 Mar. 30,1911 Mar. 16,1909 Oct. 4,1912 May 6,1910 4 Fillmore. Beaver. 4 Fishlake. Salina. 4 La Sal 8 . Moab. 4 Manti.... Ephraim. 4 Minidoka 9 .... Oakley, Idaho. 4 Nebo. Nephi. July 1,1910 281,400 4 Pocatello 10 ... Pocatello, Idaho.. Feb. 18,1911 10,815 4 Powell. Escalante.. Sept. 26,1910 June 19,1912 704,700 802,660 1,286,500 309,000 4 Sevier. Panguitch. 4 Uinta. Provo. Oct. 7,1910 July 1,1910 4 Wasatch. Salt Lake City.... Washington_ 6 Chelan. Chelan. July 1,1911 July 1,1908 786,680 942,200 6 Columbia. Portland, Oreg.... 6 Colville. Republic. May 9,1910 May 6,1910 816,000 370,480 1 Kaniksu 11 .... Newport. 6 Okanogan. Okanogan. July 1,1911 Mar. 2,1907 1,541,000 1,652,000 6 Olympic. Olympia. 6 Rainier. Tacoma. Oct. 23,1911 .do. 1,567,000 1,042,000 1,490,000 6 Snoqualmie... Washington... Seattle. 6 Bellingham. July 1,1908 6 Wenaha 12 .... Walla Walla. May 27,1910 320,000 6 Wenatchee.... Leavenworth. July 1,1910 1,157,000 Wyoming. 4 Ashley 13 . Vernal, Utah. Oct. 7,1910 July 2,1908 July 1,1911 6,060 1,136,200 613,270 2 Bighorn. Sheridan. 2 Bonneville.... Dubois. 2 Bridger. Pinedale. .do. 577,850 7,360 4 Caribou 14 . Montpelier, Idaho. May 6,1910 2 Hayden 15 . Encampment. Aug. 8,1910 366,770 2 Medicine Bow. Laramie. July 1,1910 511,382 4 Palisade 16 .... St. Anthony,Idaho .do. 256,200 2 Shoshone. Cody. July 1,1908 Dec. 16,1910 July 1,1910 1,609,000 179,121 85,450 2 Sundance. Sundance. 4 Targhee 17 . S t. Anthony, Idaho 4 Teton. Jackson. Apr. 19,1912 1,978,850 Total. Acres. 16,023,220 1,337,750 7,735,639 11,684,360 - otal of Siskiyou in California and Oregon= 1,694,250 acres. 2 Total of Wenana in Oregon 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. * Total of Sioux in Montana and South Dakota= 211,580 acres. 5 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 Colorado and Utah= 470,500 acres. 9 Total of Minidoka in Idaho and Utah= 631,330 acres. 10 Total of Pocatello in Idaho and Utah= 292,560 acres. 11 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. Total of Caribou in Idaho and Wyoming= 702,360 acres. 18 Total of Hayden 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. State. National Forest district No. Forest. Headquarters of supervisor. Latest proclamation. Date effective. Area. Total. Wyoming—Con. 2 Washakie. Lander. July 1,1911 July 1,1908 Acres. 393,950 912,000 Acres. 4 Wyoming. Afton. 8,633,463 Total of 160 N a tional Forests in the United States. 1160,193,996 Alaska. 6 Chugach. Ketchikan.. *... Oct. 28,1910 Feb. 16,1909 11,267,850 15,481,000 6 Tongass. .do. 26,748,850 65,950 Porto Rico. 3 Luquillo. Jan. 17,1903 65,950 Grand total of 187,008,796 163 National Forests. 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: Name. National Forest. State. Latest procla¬ mation. Date effective. Area. Cinder Cone. Lassen. California. May 6,1907 July 6,1911 Nov. 16,1907 Jan. 11,1908 Feb. 7,1908 May 6,1907 July 12,1909 Dec. 19,1907 Dec. 7,1908 Apr. 17,1912 Acres. 5,120 800 160 806,400 1,280 1,280 4C0 640 300 608,480 Devil Postpile. Sierra. ... do.*.. Gila Cliff Dwellings. Gila. New Mexico. Grand Canyon. Tusayan, and Kaibab... Black Hills. Arizona. Jewel Cave. South Dakota. Lassen Peak. Lassen. California. Oregon Caves. Siskiyou. Oregon. Tonto. Tonto. Arizona. Wheeler. Cochetopa, and Rio Grande. Olympic. Colorado. Mount Olympus. Washington. Total area of na¬ tional monuments within National Forests. 1,424,940 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: Name. National Forest. State. Act approved. Latest procla¬ mation. Date effective. Area. Grand Canyon.... Wichita.___ Tusayan, and Kai¬ bab. Wichita .. Arizona. June 29, 1906 (34 Stat., 607). Jan. 24, 1905 (33 Stat., 614). June 3,1909 Acres. 1,492,928 57,120 Oklahoma.... June 2,1905 o