ITEMS

1905 "Use Book"

First official manual published by the Forest Service describing regualations and policies for the National Forest Reserves.

(p. 1)
1905 "Use Book"
U. S. DEPARTMENT OF AGRICULTURE.
FOREST SERVICE.
GIFFORD PINCHOT, Forester.
THE USE OF THE NATIONAL FOREST RESERVES.
REGULATIONS AND INSTRUCTIONS.
Issued by the Secretary of Agriculture.
To take effect July 1, 1905.
(no p. 2)
(p. 3)
U. S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE,
Washington, D. C., June 13, 1905
SIR: I have the honor to present for your approval a draft of regulations and instructions for the use of forest reserves.
Very respectfully,
GIFFORD PINCHOT,
Forester.
Hon. JAMES WILSON, Secretary.
U. S. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY,
Washington, D. C., June 14, 1905.
The accompanying regulations bearing date June 13, 1905, are, by the authority conferred by law upon the Secretary of
Agriculture, hereby approved, made, and established to take effect July 1, 1905, and all previous regulations in conflict
with the same are hereby repealed; The Forester is authorized to issue instruction in conformity with these regulations and
regulation hereafter established.
JAMES WILSON,
Secretary.
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(p. 5)
CONTENTS.
To the public..........6
History and objects of forest reserves.........7
Relation of forest officers to the public..........12
Private and State rights.......... 13
Jurisdiction..........14
Duration of and charge for permits.......... 16
Free use of timber and stone..........16
Grazing.......... 20
Sale of timber..........31
Special occupancy privileges..........49
Roads and trails..........52
Canals, ditches, reservoirs, etc..........56
Private railroads, telephone lines, etc.......... 58
Trespass and violations.......... 58
Protection against fire..........63
Permanent improvements..........72
Marking reserve boundaries.......... 72
Special investigations upon forest reserves..........73
Field and office equipment..........73
Supervisor's accounts..........75
Records, reports, and correspondence..........78
Protection of game..........81
The Forest Service upon forest reserves..........82
Surveys within forest reserves..........92
Creation of forest reserves--additions and eliminations..........93
APPENDIX.
Laws and decisions..........99
Index..........135
(p. 6)
TO THE PUBLIC.
The timber, water, pasture, mineral, and other resources of the forest reserves are for the use of the
people; They may be obtained under reasonable conditions, without delay; Legitimate improvements and
business enterprises will be encouraged.
Forest reserves are open to all persons for all lawful purposes.
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Persons who wish to make any use of the resources of a forest reserve for which a permit is required
should consult the nearest forest officer.
No one but the Special Fiscal Agent, Forest Service, Washington, D. C., is authorized to receive
payments for the use of the reserves.
Complaints should be made in writing both to the immediate superior of the officer complained against
and to the Forester, at Washington.
Every user of a forest reserve will be held responsible for knowing the regulations and obeying them.
Throughout this book general information and directions are printed in this type.
Regulations are printed in this type.
Special instructions to forest officers are printed in this type.
(p. 7)
THE USE OF THE NATIONAL FOREST RESERVES.
HISTORY AND OBJECTS OF FOREST RESERVES
Forest reserves are for the purpose of preserving a perpetual supply of timber for home industries,
preventing destruction of forest cover which regulates the flow of streams, and protecting local residents
from unfair competition in the use of forest and range. They are patrolled and protected, at Government
expense, for the benefit of the community and the home builder.
We know that the welfare of every community is dependent upon a cheap and plentiful supply of timber;
that a forest cover is the most efficient means of maintaining a regular stream flow for irrigation and
other useful purposes; and that the permanence of the livestock industry depends upon conservative use
of the range. The injury to all persons and industries which results from the destruction of forests by fire
and careless use is a matter of history in older countries, and has long been the cause of anxiety and loss
in the United States. The protection of forest resources still existing is a matter of urgent local and
national importance. This is shown by the exhaustion and removal of lumbering centers, often leaving
behind desolation and depression in business;
(p. 8)
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the vast public and private losses through unnecessary forest fires; the increasing use of lumber per
capita by a still more rapidly increasing population; the decrease in the summer flow of streams just as
they become indispensable to manufacture or irrigation; and the serious decrease in carrying capacity of
the summer range. It can not be doubted that, as president Roosevelt has said, "the forest problem is, in
many ways, the most vital internal problem of the United States."
As early as 1799 Congress provided for the purchase of timberlands to supply the needs of the Navy,
and in 1817 further legislation directed the setting apart of public lands for the same purpose, and
provided penalties for the unauthorized cutting of any public timber. Other acts, from time to time, made
similar provisions for setting apart forestland for specific purposes, but the first attempt to secure a
comprehensive administration of the forests on the public domain was in 1871, by a bill introduced in the
Forty-second Congress, which failed of passage.
In 1876, $2,000 was appropriated to employ a competent man to investigate timber conditions in the
United States, and on June30, 1886, an act was approved creating a Division of Forestry in the
Department of Agriculture. On July 1, 1901, this Division became the Bureau of Forestry (now the
Forest Service), employing practically all the trained foresters in the United States, and engaged in
almost every branch of forest work in every State and territory, except the actual administration of the
Government forest lands. This remained in the Department of the Interior, which, although possessing
complete machinery for the disposal of lands, was provided with neither system nor trained men for
conservative forest management.
(p. 9)
In the meantime, with the increasing realization that the Nation's timber supply must be protected, and
with the immense growth of irrigation interests in the West, the necessity for retaining permanent Federal
control over selected forest areas was recognized by a brief section inserted in the act of March 3, 1891,
which authorized the President to establish forest reserves. The first exercise of this power was in the
creation of the Yellowstone park Timberland Reserve, proclaimed by President Harrison March 30,
1891.
The mere creation of forest reserves, however, without provision for their administration, was both
ineffectual and annoying to local interests dependent upon their resources. Consequently the Secretary of
the Interior, in 1896, requested the National Academy of Sciences to recommend a national forest policy.
This resulted in the passage of the act of June 4, 1897, under which, with several subsequent
amendments, forest reserves are now administered.
On the theory that the management of land, not of forests, was chiefly involved, this law gave the
Secretary of the Interior authority over reserves, and provided that their surveying, mapping, and general
classification should be done by the United States Geological Survey, and the execution of administrative
work by the General Land Office.
(p. 10)
The result was not satisfactory. The technical and complex problems arising from the necessary use of
forest and range soon demanded the introduction of scientific methods and a technically trained force,
which could not be provided under the existing system. The advice and services of the Bureau of
Forestry were found necessary, but, under the law, could be but imperfectly utilized. The necessity of
consolidating the various branches of Government forest work became apparent and was urged upon
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Congress by the president and all of the executive officers concerned. Finally, the act of February 1,
1905, transferred to the Secretary of Agriculture entire jurisdiction over the forest reserves except in
matters of surveying and passage of title.
The regulations and instructions for the use of the national forest reserves here published are in
accordance with the act last mentioned and with that of March 3, 1905, making appropriations for the
department of Agriculture, which changed the Bureau of Forestry into the Forest Service. They are based
upon the following general policy laid down for the Forest Service by the Secretary of Agriculture in his
letter of February 1, 1905, to the Forester:
"In the administration of the forest reserves it must be clearly borne in mind that all land is to be devoted
to its most productive use for the permanent good of the whole people, and not for the temporary benefit
of individuals or companies. All the resources of the forest reserves are for use, and this use must be
brought about in a thoroughly prompt and businesslike manner, under such restrictions only as will
insure the permanence of these resources.
(p. 11)
"The vital importance of forest reserves to the great industries of the Western States will be largely
increased in the near future by the continued steady advance in settlement and development. The
permanence of the resources of the reserves is therefore indispensable to continued prosperity, and the
policy of this Department for their protection and use will invariably be guided by this fact, always
bearing in mind that the conservative use of these resources in no way conflicts with their permanent
value.
"You will see to it that the water, wood, and forage of the reserves are conserved and wisely used for the
benefit of the homebuilder first of all, upon whom depends the best permanent use of lands and resources
alike. The continued prosperity of the agricultural, lumbering, mining, and live-stock interests is directly
dependent upon a permanent and accessible supply of water, wood, and forage, as well as upon the
present and future use of these resources under businesslike regulation, enforced with promptness,
effectiveness, and common sense. In the management of each reserve local questions will be decided
upon local grounds; the dominant industry will be considered first, but with as little restriction to minor
industries as may be possible; sudden changes in industrial conditions will be avoided by gradual
adjustment after due notice, and where conflicting interests must be reconciled the question will always
be decided from the standpoint of the greatest good of the greatest number in the long run."
(p. 12)
RELATION OF FOREST OFFICERS TO THE PUBLIC
The administration of forest reserves is not for the benefit of the Government, but of the people. The
revenue derived from them goes, not into the general fund of the United States, but toward maintaining
upon the reserves a force of men organized to serve the public interests. This force has three chief duties:
To protect the reserves against fire, to assist the people in rather use, and to see that they are properly
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used.
Forest Officers, therefore, are servants of the people. They must obey instructions and enforce the
regulations for the protection of the reserves without fear or favor, and must not allow personal or
temporary interests to weigh against the permanent good of the reserves; but it is no less their duty to
encourage and assist legitimate enterprises. They must answer all inquiries concerning reserve methods
fully and cheerfully, and be as least as prompt and courteous in the conduct of reserve business as they
would in private business.
They must make every effort to prevent the misunderstanding and violation of reserve regulations by
giving information fully and freely. The object should be to prevent mistakes rather than to have to
punish them. Information should be given tactfully, by advice, and not by offensive warnings.
Forest Officers will be required to be thoroughly familiar with every part of this book, and to instruct the
public and assist in making applications for the use of the reserves.
(p. 13)
PRIVATE AND STATE RIGHTS
I.-- IN GENERAL.
REG. 1. Persons having valid claims under the public land laws, or legal titles to land within forest
reserves, ear free to occupy and enjoy their holdings, but must not interfere with the purposes for
which the reserves are created, and must not cut timber or make use of forest reserve land or
rights thereon without a permit, except within the limits of their claims, and there [sic] not to the
point of committing trespass (See p.60)
All questions involving titles to such claims are entirely within the jurisdiction of the Secretary of the
Interior.
The Forest Service will do all in its power to protect such claimants and owners, and will grant preference for the use of
privileges to actual residents in or near forest reserves. Forest officers will make special effort to discover and report
fraudulent claims and to prevent the perfection of title to them, and will cooperate fully with the officers and agents of the
Interior Department to that end. They will immediately inform the Forester of any action in these cases.
II.--MINING.
No land claims can be initiated in a forest reserve except mining claims, which may be sought for,
located, developed, and patented in accordance with law and forest reserve regulations. (See Appendix,
p. 102)
III.--STATE LANDS.
Lands owned or claimed by the States or territories within forest reserves are subject to the general rules
given above. Indemnity selection may be made by the States and Territories for school sections 16 and
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36, when within a reserve, and thereupon these sections will become part of a forest reserve. (See
Appendix, p. 129.)
(p. 14)
IV.--LIEU SELECTION.
No right now exists to exchange private holdings within forest reserves for lands elsewhere, except
where such right was established in the Interior Department before March 3, 1905 (Appendix, p. 103),
and except the indemnity-selection right with regard to school sections 16 and 36, referred to above.
JURISDICTION.
The authority to grant special privileges and rights of way within forest reserve is divided as follows:
(A) Applications under any law of the United States providing for the granting of a permission to occupy
or use lands, resources, or products in a forest reserve, which occupation or use is temporary in character,
and which, if granted, will in no wise affect the fee or cloud the title of the United States, should the
reserve be discontinued, are under the jurisdiction of the Secretary of Agriculture.
(B) All applications affecting lands within a forest reserve, the granting of which amounts to an
easement running with the land, are within the jurisdiction of the Secretary of the Interior.
The following are the more usual rights and privileges under the first class (A), and must be applied for
through the forest supervisors:
(p. 15)
(a) Trails and roads to be used by settlers living in or near forest reserves.
(b) Schools and churches.
(c) Hotels, stores, mills, stage stations, apiaries, miners' camps, stables, summer residences, sanitariums,
dairies, trappers' cabins, and the like.
(d) Grazing and restricted agricultural privileges together with such inclosures, etc., as may be necessary
for the use of such privileges and not harmful to the forest reserves.
(e) Canals, ditches, flumes, pipe lines, tunnels, dams, tanks, and reservoirs, within forest reserves, when
no easement in the land occupied is required.
(f) Steamboats and ferries operated within the forest reserves.
(g) Aerial tramways and wire rope conveyors, when no easement in the land occupied is required.
(h) Private railroads, tramroads, telegraph, telephone, or electric power lines, and the plants or buildings
necessary for their use, when no easement in the land occupied is required.
(i) Other similar privileges which do not amount to a disposal of the land.
Forest officers will inform persons inquiring that applications for rights of way under the jurisdiction of the Secretary of
the Interior should be filed in the local land office. They must not receive or transmit or in anywise act upon applications
of this character. All such applications when regularly received at the Interior Department, will, however, be referred to the
Department of Agriculture for report as to whether granting them will injuriously affect forest reserve interests, and forest
officers will make reports upon such applications when directed to do so by the Forester.
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(p. 16)
Regulations governing applications for the more important rights and privileges under the jurisdiction of the Secretary of
Agriculture, and enumerated in the foregoing list, are prescribed below.
DURATION AND CHARGE FOR PERMITS.
REG. 2. Permits for the use of the forest reserves, unless otherwise prescribed, may be granted for any term
consistent with the interests of the reserves. If land covered by any permit is excluded in a reserve, the permit then
expires. A reasonable charge may be made for any permit, right, or privilege, so long as such charge is not
inconsistent with the purposes for which the reserves were created.
REG. 3. Permits are not transferable, and abandonment in favor of another involves new application and permit in
the discretion of the Forester. In case of abandonment and issue of a new permit, the first occupant may sell his
improvements to his successor, provided no claim attaches to them by reason of his failure to comply with the terms
of his permit.
(p. 16)
FREE USE OF TIMBER AND STONE.
The law gives the Secretary of Agriculture discretion to allow or refuse the free use of forest reserve
timber and stone, under such regulations as he may prescribe, by "bona fide settlers, miners, residents,
and prospectors for minerals, for firewood, fencing, building, mining, prospecting, and other domestic
purposes as may be needed by such persons for such purposes; such timber to be used within the State or
Territory, respectively, where such reservations may be located, and by the United States."
(p. 17)
REG. 4. The free use privilege may be granted to settlers, farmers, prospectors, or similar persons
who may not reasonably be required to purchase, and who have not on their own lands or claims,
or on lands controlled by them, a sufficient or practically accessible supply of timber or stone for
the purposes named in the law. It may also be granted to school and road districts, churches, or
cooperative organizations of settlers desiring to construct roads, ditches, reservoirs, or similar
improvements for mutual or public benefit. Free use of material to be employed in any business
will be refused, as, for example, to sawmill proprietors, owners of large establishments or
commercial enterprises, and companies and corporations. The free use privilege will not be given
to any trespasser.
Whether an applicant is entitled to free use or not must be decided by the forest officer who receives the application. In all
cases not clearly covered by the letter of the regulations he should be guided by their spirit, especially as expressed by the
term "those who may not reasonably be required to purchase," and by the distinction between personal and commercial
use. A member of a corporation is not necessarily debarred from free use of fuel for his own home, although his ability to
secure it from another source should be considered if the reserve supply is limited and in demand by more needy
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applicants. On the other hand, although a settler may receive a liberal allowance for his own use, he is not entitled to free
material for sale or profit. There is no more reason for giving a hotel keeper or a merchant timber without charge, solely to
build or warm his hotel or store, than for giving him a stock of goods, yet it need not be refused the proprietor of a small
establishment when it will be used chiefly by himself and his family. Prospectors should be assisted to develop their
properties, but owners of revenue-producing mines should be required to buy.
(p. 18)
REG. 5. Except in cases of great and unusual need, no applicant will be given more than two free
use permits in one year, nor may the aggregate amount of material granted in the two permits
exceed $20 in value, except in the case of schools or road districts, churches, and noncommercial
cooperative organizations, when the supervisor may, in his discretion, extend the amount to any
value not exceeding $100. The duration of any permit will be fixed by the issuing of officer, and will
not exceed six months. In cases of unusual emergency, however, it may be extended by the
supervisor, or, if for $20 or less, by a ranger authorized to grant free use.
REG. 6. All supervisors, all forest rangers and deputy forest rangers, and such other forest
officers as the supervisor may designate, are authorized to grant or refuse free use permits up to
$20 in value under these regulations, and to make such restrictions as to quality, amount, location,
and removal as they deem necessary to protect the reserves. It is their duty to furnish cheerful
assistance to applicants, to act promptly upon all applications, and, in general, to follow as liberal a
policy in the matter of free use as the interests of the reserves and the proper performance of their
other work will allow.
The free use business of forest reserves may be conducted mainly by the rangers. Subject only to general restrictions,
instructions, and supervision, they will decide the rights of applicants to the privilege, assign and direct the removal of
material, and be responsible for results.
REG. 7. No free use material may be taken without a permit. Application for a permit may be
made verbally or in writing to any officer authorized to grant it. If it receives his approval he will
see that the applicant understands the regulations governing the privilege, and will fix the amount,
kind, and location of the material, and the terms under which it must be taken.
(p. 19)
Both the forest officer and the applicant will sign an agreement to these conditions upon the prescribed form, which will
be forwarded at once to the supervisor as a part of the records of his office. The permit will be filled out, signed, and
delivered to the applicant by the forest officer, who will also record it upon the form in his notebook.
No map, estimate sheet, forest description, or report need be made unless desired by the forest officer for his own use. The
agreement forwarded to the supervisor should contain sufficient information to enable the latter to record the case
properly. Any additional facts may be stated in a letter. The forest officer issuing the permit, unless he should be the
supervisor, who may instruct a ranger to do so, should designate the timber to be cut, by the most practicable means, not
necessarily uniform in every case. Living timber must be marked. Dead timber may be marked or, if practicable, an area
may be blazed or defined by natural boundaries, and the class of trees to be taken specified. The procedure should be made
as simple and economical for both the user and the forest officer as is possible without danger to reserve interests.
Although simple methods and the exercise of judgement are encouraged, there should nevertheless be no tendency to
underrate the importance of free use business or the necessity of considering the good of the reserve. The use of dead
material should be encouraged, and the assignment of green timber, when really necessary, must be where it can best be
spared. Low stumps and full use of all trees cut must be required, as well as careful disposal of refuse. Officers in charge
of cutting will be held responsible if unnecessary damage is done to young growth or standing timber, or if the
reproduction of the forest is not properly considered. The violation of any of the regulations governing free use or of the
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terms of permit constitutes trespass and should be dealt with accordingly; but there should be no failure on the part of the
forest officer to make all points clear to the applicant before the permit is granted.
(p. 20)
REG. 8. Timber granted under a free use permit may be cut by an agent or may be sawed by a
local sawmill, but the work so done must not be paid for by a share of the material.
Moreover, the cutting, sawing, and hauling must be done as required by the forest officer, so that he may be assured the
timber is used for the proper purpose.
(p. 20)
GRAZING.
The Secretary of Agriculture has authority to permit, regulate, or prohibit grazing in the forest reserves.
Under his direction the Forest Service will allow the use of the forage crop of the reserves as fully as the
proper care and protection of the forests and the water supply permits. In new forest reserves where the
live-stock industry is of special importance, full grazing privileges will be given at first, and if reduction
in number is afterwards found necessary, stockmen will be given ample opportunity to adjust their
business to the new conditions. Every effort will be made to assist the stock owners to a satisfactory
distribution of stock on the range in order to secure greater harmony among citizens, to reduce the waste
of forage by tramping in unnecessary movement of stock, and to obtain a more permanent, judicious, and
profitable use of the range.
The leading objects of the grazing regulations are:
(a) The protection and conservative use of all forest reserve land adapted for grazing.
(b) The best permanent good of the live-stock industry through proper care and improvement of the
grazing lands.
(p. 21)
(c) The protection of the settler and home builder against unfair competition in the use of the range.
On the other hand, the Forest Service expects the full and earnest cooperation of the stock owners to
carry out the regulations.
Permits will be issued to graze a certain number of live-stock in each reserve or part of a reserve, so long
as no marked damage is done by such stock; but whenever a reserve is being injured by too much stock
or the way it is being handled, the number will be reduced until the damage is stopped. In extreme cases,
if necessary, all stock will be excluded.
Cattle and horses will usually be allowed to graze in all reserves. Sheep and goats will be allowed to
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graze in reserves or in parts of reserves where special conditions warrant such privileges, but will be
restricted to the areas and grazing periods fixed by the forest officers.
Permits will usually be granted for one year, but where all controversies have been settled and only a
proper number of stock are allowed, permits may be granted for more than one year, if conditions are
favorable.
REG. 9. All persons must secure permits before grazing any stock in a forest reserve, except the
few head in actual use by prospectors, campers, and travelers, and milk cows and work animals
not exceeding a total of six head owned by bona fide settlers, which are excepted and require no
permit. Any person responsible for grazing stock without a permit is liable to punishment for
violation of the law.
(p. 22)
REG. 10. The grazing privilege will be granted only to citizens of the United States.
REG. 11. The Secretary of Agriculture will determine the number of stock to be allowed in a
reserve for any year. The period during which grazing will be allowed is determined by the
Forester. The supervisor is authorized to issue grazing permits in accordance with the instructions
of the Forester.
The grazing season for which permits are issued must not exceed the period authorized, and the total number of stock
included in all permits issued must not exceed the number allowed by the Secretary's order.
Applicants for grazing permits will be given preference in the following order:
(a) Small near-by owners.
Persons living in or close to the reserve whose stock have regularly grazed upon the reserve range and who are dependent
upon its use.
(b) All other regular occupants of the reserve range.
After class (a) applicants have been provided for, the larger near-by owners will be considered, but limited to a number
which will not exclude regular occupants whose stock belong or are wintered at a greater distance from the reserve.
(c) Owners of transient stock.
(p. 23)
The owners of stock which belong at a considerable distance from the reserve and have not regularly occupied the reserve
range.
The applications of new settlers owning small bands of stock will be considered in all cases except where the range is
fully occupied by small owners. Priority in the occupancy and use of the range will be considered, and preference will be
given to those who have continuously used the range for the longest period.
The number of stock allowed an applicant will be determined upon the merits of each case. Whenever it is found
necessary to reduce the number of stock allowed in any reserve or portion of a reserve, the small owners of stock are first
provided for; the reduction is then made on the number allowed the larger owners on the basis of a sliding scale suited to
the conditions in each case. Class (c) stock will be excluded before the other classes are reduced.
The owners of stock which belong in the State or Territory in which a forest reserve is located will be given the preference,
and resident owners will be considered first; but owners of stock coming from adjoining States or Territories will also be
considered when circumstances warrant it.
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REG. 12. The supervisor will set and give public notice of a date each year on or before which all applications for
grazing permits must be presented to him. Permits will be refused to persons who do not file their applications
within the required limit, unless satisfactory reasons are given.
Applications and permits will be divided into two classes, cattle and horses, and sheep and goats. Permits for each class
will be numbered separately and consecutively, and a separate set of records will be kept for each. At the end of each
month the supervisor will report the name and address of each person to whom he has issued a permit, the number and
class of stock covered by it, and the district or portion of the reserve in which the stock are to be grazed.
Whenever there is dispute between applicants for the privilege of grazing stock on the same area or district, if the
supervisor is unable otherwise to determine who is best entitled to a permit, he will notify the applicants to appear before
him at a stated time and place, then and there to make a statement of their claims. After all evidence has been presented,
the supervisor will decide who shall be granted permits, and his decision will be final unless written notice of appeal to the
Forester is given him within ten days thereafter. Appeal will avail only in case of error.
Upon approval of a grazing application the supervisor will immediately notify the applicant.
Whenever a grazing application is disapproved or the number of stock applied for is reduced, the supervisor will at once
notify the applicant to that effect.
(p. 24)
Whenever the supervisor desires such information, he is authorized to require applicants to file a supplemental certificate
setting forth the location and area of their ranches and also of the public lands used for grazing, the number and class of
stock owned, and the length of time they have occupied the range.
APPLICATION FOR GRAZING PERMIT.
No. ____,
_____, 190__.
I, ____, of ____, being a citizen of the United States and a resident of the State of ____, do actually own and make
application for the privilege of pasturing--
____head of cattle
____head of horses
____head of sheep,
branded, ____,
within the ____ Forest Reserve, from ____, 190_, to ____, 190_: Provided, That the animals shall not intrude upon any
areas upon which grazing is prohibited.
It is my desire to graze said animals upon that part of the reserve described as follows:
This application is made for my own exclusive use and benefit, and not directly or indirectly for the use of any other
person. If it is granted, I do hereby agree to pay the amount due for grazing fees promptly upon receipt of notice that it has
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been granted, and to comply fully with all forest-reserve rules and regulations now or hereafter adopted.
I also hereby bind myself and employees engaged in caring for the animals while on the reserve to extinguish all camp
fires started by myself or any of my employees before leaving the vicinity thereof, and to aid in extinguishing all forest
fires within the territory occupied by me or my employees.
I also agree to forfeit the permit for a violation of any of its terms or of the terms hereof, or whenever an injury is being
done the reserve by reason of the presence of the animals therein.
_____ _____,
(P. O. address) ____,
Approved for--
____ cattle, ____ horses, ____ sheep.
(p. 25)
REG. 13. Reserves in which grazing is allowed will be divided into districts approved by the Forester, and such
range divisions made among applicants for the grazing privilege as appear most equitable and for the best interest
of the reserve. When required for the protection of camping places, lakes and streams, roads and trails, etc., or of
areas which are to be reforested, stock will be excluded from specified areas for such period of time as is necessary.
At the end of each season the supervisor will go over the grazing grounds without delay and examine the effect of grazing
on the reserve. He will make a full report to the Forester, with recommendations as to the number of stock to be allowed
the following year, the division of the range into districts, and the areas to be opened or closed to grazing.
REG. 14. Permits will be granted only to the actual owners of stock and for their exclusive use and benefit, and will
be forfeited if sold or transferred in any manner or for any consideration without the written consent of the
Forester.
Persons owning cattle and horses which regularly graze on ranges located along the boundary line and only partially
included within a forest reserve may be granted permits for such portion of their stock as the circumstances appear to
justify, but may be required to herd or so handle their stock as to prevent trespassing by that portion for which a permit is
not granted.
REG. 15. Grazing applications must not cover more stock than the applicant owns and desires to graze in the
reserve, and must show the marks and brands of the stock, the portion of the reserve or district in which pasture is
desired, and the grazing period. Permits will be refused or canceled for false statement of the number of stock
owned.
(p. 26)
REG. 16. Persons who fail to use their grazing permits must notify the supervisor before the opening of the grazing
season, or immediately thereafter, and give satisfactory reasons for not using the permit, or they may be denied the
grazing privilege the following season.
REG. 17. When an owner who has a permit is ready to drive in his stock he must notify the supervisor, by mail or
otherwise, stating the number, and if cattle or horses, giving the brands; he must also notify the supervisor when
the stock is removed from the reserve. If called upon to do so, he must provide for having his stock counted before
entering the reserve, or at any time afterwards 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 permit, it can not be replaced by
other stock to fill out the number covered by permit until such action has been approved by the supervisor.
REG. 18. Each person or group of persons granted grazing privileges will be required to repair all damage to
roads or trails caused by the presence of their stock in any portion of a reserve, and to build any new roads or trails
found necessary for the proper handling of the stock. They will also be required to fence any spring or seep which is
being damaged by tramping, and, if necessary, pipe the water into troughs for stock-watering purposes. Such
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troughs must be open for public use.
REG. 19. All persons holding grazing permits will be required to salt their stock regularly and at such places as
may be designated by the forest officers.
REG. 20. Sheep 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 500 yards of any running stream or living
spring.
(p. 27)
REG. 21. All stock which is grazed under permit in any forest reserve will be required to conform to the
quarantine regulations of the Bureau of Animal Industry and of the State or Territory in which the reserve is
located.
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 by the Bureau of Animal Industry, the owners of all stock to be grazed in forest reserves must, if
required to do so, submit the stock to inspection, and, if found necessary, have such stock dipped or otherwise treated
before they are allowed to enter. At any time during the period for which a grazing permit has been issued, if the stock are
found to be infected with a contagious disease, they must be dipped or otherwise treated in accordance with the
instructions of the inspectors, or the permit will be canceled and the stock removed from the reserve.
REG. 22. Persons who own, or who have leased from the owners, land within any reserve which they desire to use
for grazing purposes, will be allowed to cross the reserve lands with their stock to reach such private holdings, but
must make application to the supervisor for the privilege of crossing. The application must be accompanied by a
certificate of title showing the description and ownership of the land, and, if leased from an owner, a certified copy
of the lease, and must state the number of stock to be taken in, the length of time required to cross the reserve land,
the route over which the stock is to be driven, the date of entering, and the time when the stock will start out again;
also how much stock the owned or leased land will carry during the period it is proposed to keep the stock upon it.
(p. 28)
When any such application is made to the supervisor he will examine it, and if he finds it reasonable and just and
made in good faith for the purpose of utilizing such private holdings only, he will approve it and forward to the
Forester. After the Forester approves the application due notice will be given the applicant through the supervisor,
and he may then take his stock in.
REG. 23. Persons wishing to drive stock across any part of a forest reserve must make application to the
supervisor, either by letter or on the regular grazing application form, for the privilege of grazing the stock on the
reserve en route, and must have a permit from the supervisor before entering the reserve. The application must
state the number of stock to be driven across the reserve, the date of starting, and period required for passage.
Grazing must be confined to the limits and along the route designated by the supervisor, and will only be allowed
for the period actually necessary for stock to cross the reserve.
If occasion demands, forest rangers will be detailed by the supervisor to accompany the stock and see there is no delay or
trespassing.
Whenever it appears necessary for stock to cross regularly any portion of a forest reserve in which grazing is prohibited,
the supervisor will make a full report of the facts, with a description of the regular route traveled, the width of driveway
necessary to allow the proper grazing of stock across the reserve, the number and class of stock which will probably cross,
and the number of days allowed for crossing the portion of the reserve referred to. Upon receipt of such report by the
Forester, if the circumstances warrant such action, a regular driveway will be established and the privileges to be granted
will be defined.
(p. 29)
REG. 24. The construction of corrals upon forest reserve lands covering an area of not more than one (1) acre, to
be used in connection with the proper handling of live stock which are permitted to graze thereon, will be allowed
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whenever in the judgment of the forest officers such corrals are necessary and will not be detrimental to the proper
care of the reserve. The construction of inclosures upon forest-reserve lands containing not more than three
hundred and twenty (320) acres for pasturing saddle horses, beef steers, etc., will be allowed, when such inclosures
are necessary for the proper handling of the stock allowed to graze upon the reserves, as a special privilege for
which an annual rental of not less than four (4) cents per acre will be charged in addition to the regular grazing fee.
The fencing up of watering places for the purpose of controlling adjoining range will not be allowed, and in fencing
pastures provision must be made to allow free access to water by any stock grazing under permit. The application
must state the exact location and area of the land to be inclosed, and must be accompanied by an agreement to pay
the annual rental in advance and to comply with all forest reserve rules and regulations. The privileges granted by
this regulation confer no property rights whatever, and all improvements will revert to the Government upon the
expiration of the grazing permit, or of its renewal, unless the Forester allows other disposition.
If occasion demands, forest rangers will be detailed by the supervisor he will forward it to the Forester, with a
recommendation for its approval or rejection. If approved by the Forester the applicant will be notified through the
supervisor, and upon payment to the Special Fiscal Agent, Washington, D. C., of the rental for the year the construction or
occupancy may begin.
(p. 30)
The privileges granted under Regulation 24 confer no property right whatever, and all such improvements will revert to
the Government upon the expiration of the grazing permit, or of its renewal, unless the Forester allows other disposition.
REG. 25. On and after January 1, 1906, a reasonable fee will be charged for grazing all classes of live stock on
forest reserves. In the beginning the minimum price charged will be as follows, depending upon the advantages and
locality of the reserve: From twenty (20) to thirty-five (35) cents per head for cattle and horses for the regular
summer grazing season, and from thirty-five (35) to fifty (50) cents per head for the entire year; from five (5) to
eight (8) cents per head for sheep for the regular summer grazing season, and from eight (8) to ten (10) cents per
head for goats for the regular summer grazing season. These prices will be gradually advanced when the market
conditions, transportation facilities, and demand for reserve range warrant it, but the grazing fee charged will in all
cases be reasonable and in accordance with the advantages of the locality. An extra charge of two (2) cents per
head, on grown stock only, will be made for sheep and goats which are allowed to enter the forest reserves for the
purpose of lambing and kidding. (See Appendix, p. 130.)
REG. 26. Breeding stock entering either before or after the breeding season will be counted on an average
percentage basis, which will be fixed hereafter by the Forester to fit the conditions in each reserve. All stock 6
months old and over, at the time of entering, will be counted at the same rate as grown stock.
REG. 27. Any period in excess of the regular summer grazing season will be charged for at the rate for the entire
year, but no charge will be made for the crossing permits required by regulations 22 and 23.
(p. 31)
REG. 28. All grazing fees are payable for each year strictly in advance. When an applicant for a grazing permit is
notified by the supervisor that his application has been approved, he will remit the amount due for grazing fees to
the Special Fiscal Agent, Washington, D. C., and upon the return of the receipt to the supervisor a permit will be
issued allowing the stock to enter the reserve and remain during the period specified.
WILD HAY.
G. 29. Wild grass upon forest reserves may be cut for hay under permits issued by supervisors. A reasonable charge
per acre may be made, to be fixed by the supervisor under general instructions form the Forester. Application
should be made in writing to the supervisor, directly or through a ranger, stating the location and area of the tract
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desired and the price offered.
Applications or permits to cut hay need not be upon regular blanks. Supervisors anticipating business of this kind should
report to the Forester and suggest a price per acre for his approval. Under instructions then received they will issue
permits, retaining duplicates, agreed to and signed by the applicant, for office records. They will not permit cutting until
the purchase price has been forwarded to the Special Fiscal Agent.
(p. 31)
SALE OF TIMBER.
All timber on forest reserves which can be cut safely and for which there is actual need is for sale.
Applications to purchase are invited. Green timber may be sold except where its removal makes a second
crop doubtful, reduces the timber supply below the point of safety, or injures the streams. All dead timber
is for sale. (See Appendix, p. 101.)
(p. 32)
The prime object of the forest reserves is use. While the forest and its dependent interests must be made
permanent and safe by preventing overcutting or injury to young growth, every reasonable effort will be
made to satisfy legitimate demands.
Timber cut from forest reserves may be handled and shipped like any other timber, except that it will not
be sold for shipment from regions where local consumption requires the entire supply, or is certain to do
so in the future. Also, the law prohibits export from the State of timber cut from any Idaho forest reserve
or from the Black Hills Forest Reserve in South Dakota. (See Appendix, p. 108.)
Any one may purchase except trespassers against the law or the regulations governing the reserves. There
is no limit, except the capacity of the forest, to the quantity which may be sold to one purchaser, but
monopoly to the disadvantage of other deserving applicants will not be tolerated.
This time allowed for the removal of timber depends upon the amount purchased. It will always be
sufficient for reasonably diligent work, but speculation by holding for rise in value will not be permitted.
In all cases the first step for the prospective purchaser is to consult the nearest forest officer. Inquiries or
applications should never be sent to Washington direct. Remittances of money or complaints against the
conduct of local officers are the only communications which applicants or purchasers should make to the
Washington office during any stage of a sale.
(p. 33)
There are three classes of sales:
(a) Of not over $20 worth of dead timber.
These sales may be made by any forest ranger or deputy forest range, as well as by any supervisor,
except in California. No delay is required. The applicant should consult in person with the nearest ranger,
who will designate the timber, fix the terms of sale, and at once, upon assurance that full advance
payment has been forwarded to the Special Fiscal Agent, permit cutting and removal.
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(b) Of not over $100 worth of lead or living timber.
Application may be made through any ranger, but the forest supervisor must approve the sale. Except in
California, the only delay involved is the time required for an estimate and report to the supervisor. Upon
the latter's approval and permission, after the forwarding of full or partial payment, cutting may begin. In
California every sale of any class must be advertised for sixty days. (See Appendix, pp. 101, l05.)
(c) Of over $100 worth of dead or living timber.
Sales involving more than $100 must always be advertised and can, as a rule, be approved only by the
Forester. The application and examining officer's report, if endorsed by the supervisor, are sent to
Washington. Upon the Forester's approval an advertisement for bids is published in the local papers for
thirty days (sixty days in California), after deposit to cover this expense has been sent by the applicant. If
the applicant is the successful bidder, his approved application, the published notice, and his accepted bid
form the agreement. His deposits apply upon the first payment, and the supervisor permits cutting at
once.
If his bid is unsuccessful his deposits are returned. In sales exceeding $100 purchasers may be required to
give bond to comply with the terms of agreement.
(p. 34)
KINDS AND METHODS OF SALES.
REG. 30. All forest rangers and deputy forest rangers are authorized, except in California, to sell
dead timber in amounts not exceeding $20 in value, and all forest supervisors to sell dead or living
timber worth not more than $100. The Forester is authorized to make timber sales for larger
amounts, and to delegate this authority in special cases.
The kinds and methods of sales are as follows:
(A) BY FOREST RANGERS AND DEPUTY FOREST RANGERS (CALIFORNIA EXCEPTED).
Dead timber only, in amounts not over $20 in value. Advertisement not required.
Request to purchase dead timber not over $20 in value may be acted upon by any forest ranger or deputy forest ranger, as
well as by any supervisor. The ranger makes an examination, fixes the terms of sale, and designates the timber to be cut.
Formal application is made out in duplicate and signed by the purchaser, who also forwards payment in full to the Special
Fiscal Agent, with a letter of transmittal given him by the ranger. Upon being shown the purchaser's receipt, if the payment
is made by express or postal money order, or the draft itself, if by national bank draft on New York, as assurance that the
payment has been forwarded, the ranger will approve both copies of the application, and at once permit cutting and
removal of the dead timber. He will at once forward one copy to the supervisor, give the other copy to the purchaser, and
record the terms of the sale for his own reference. He will notify the supervisor as soon as the timber is removed.
(p. 35)
(B) BY FOREST SUPERVISORS.
Dead or living timber, in amounts not over $100 in value. Advertisement not required, except in California.
n examination on the ground of the timber desired is made by the supervisor, or for him by a subordinate. The results are
recorded and discussed with the applicant, and form the basis of his formal application, which is filled out in duplicate and
signed by him. The application, with the report of the forest officer who made the examination, is then submitted to the
supervisor for decision.
If this is favorable, the applicant, except in California, forwards first payment or full payment, as agreed upon, to the
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Special Fiscal Agent. Upon assurance that this has been done, the supervisor approves the application and permits cutting
to begin. One copy of the approved application is retained by the supervisor, and one returned to the purchaser with a copy
of the regulations and instructions for the use of the forest reserves.
In California, where all sales must be advertised, the steps are the same until the supervisor has received the formal
application in duplicate, signed by the applicant. If he decides to allow it, the applicant then forwards to the Special Fiscal
Agent a deposit of $100 to cover publication of notice instead of the first payment, as in a nonadvertised sale. Upon
assurance that this has been done the supervisor approves the application as before, but places one copy on file to await the
outcome of the bids, and forwards the other to the Forester to serve as a basis of advertisement.
Upon receipt of the application and deposit by the Washington office the advertisement is forwarded to the supervisor for
publication.
Prospective purchasers then submit their bids to the Forester, at the same time forwarding to the Special Fiscal Agent the
deposits required by the advertisement.
Upon evidence that the necessary deposit in each case has been made, the bids are opened by the Forester, and the
supervisor is notified of the successful bidder. If the original applicant is the successful bidder, his application, the
published notice, and his approved bid form an agreement. The supervisor then delivers to the purchaser the approved
application which he had retained, keeping a copy for his own reference.
(p. 36)
If the successful bidder is another, the agreement is prepared in triplicate in the Washington office and sent to the
supervisor, who has the three copies executed by the purchaser, approves all of them by signature, forwards one to the
Washington office, places one on file, and delivers the third to the purchaser.
(c) SALES BY THE FORESTER.
All sales exceeding $100 in value. Only after advertisement.
Upon assurance that the deposit ($100 in California, $50 elsewhere) to cover publication of notice has been forwarded to
the Special Fiscal Agent, the steps up to this point being as in advertised sales previously described, the supervisor
forwards both copies of the application to the Forester for approval, accompanied by the examining officer's report and his
own definite recommendations. If he recommends approval of the application unmodified, he will also initial both copies.
If the application is approved by the Forester, the sale is advertised and awarded as described before.
If the original applicant is the successful bidder, one copy of the application is approved by the Forester, and returned to
the purchaser through the supervisor. The duplicate is placed on file in the Washington office, and a third copy is made
and sent to the supervisor for his information. If the successful bidder is not the applicant, a contract is prepared in
triplicate in the Washington office, and sent to the supervisor, who retains one copy and has the purchaser execute two
copies, which are returned to the Washington office for the approval of the Forester. When approved, one copy is placed
on file in the Washington office and the other returned to the purchaser through the supervisor. Cutting of material covered
by deposit may begin when the purchaser has signed the contract, and need not await final approval of the Forester.
(p. 37)
PAYMENTS AND DEPOSITS.
REG. 31. All timber must be paid for, either in full or in installments, before it is cut. Should the
purchaser fail to secure the estimated quantity upon which his advance was based, the excess will
be returned if he has complied with the terms of the sale. In no case will the cutting of timber be
allowed to exceed the amount actually paid for.
REG. 32. In any sale, unless otherwise ordered, payment for the timber may be made in one lump
sum, or in two or more equal payments. In sales not exceeding $100 in value the number of partial
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payments must not exceed three, and must be made at intervals of thirty days. In sales requiring
advertising the deposit to cover the cost of advertising and the deposit required with the bid will be
applied on the first payment.
REG. 33. All money, whether payments, deposits, or settlements, must be sent direct by the payer
to the Special Fiscal Agent and not transmitted through a forest officer. Money must always be
sent by postal money order, express money order, or national bank draft on New York. Other
forms of drafts, cash, checks, or certified checks will not be accepted.
The payer will be furnished by the forest officer with a form letter of transmittal bearing the sale number. The forest
officer conducting a sale may consider the exhibit by the payer of his receipt for a postal or express money order, or of the
draft itself, if draft is sent, in either case payable to the Special Fiscal Agent only, as satisfactory assurance that the
remittance has been made. He may allow cutting to proceed upon such evidence without waiting for notice that the money
has been received, but will not allow removal except in sales not exceeding $20.
(p. 38)
CONDITIONS AND BONDS.
REG. 34. The period allowed for the removal of the timber, which in no case will exceed five years, must be fixed in
the agreement. If at the expiration of this period the purchaser has not removed all his timber, he forfeits all right
to any timber not yet removed and to his purchase money; but in case failure to comply with this restriction was
unavoidable, the Forester may, in his discretion, extend the limit to prevent hardship. The privilege of assigning
any rights obtained under a sale may be granted only by the Forester, and only in cases of emergency and when the
transaction is not for the purpose of speculation.
REG. 35. Timber cut from any forest reserve may be sold in any market anywhere, except from forest reserves in
Idaho or from the Black Hills Forest Reserve in South Dakota.
REG. 36. In any sale involving more than $100 the purchaser may be required to give bond to carry out his
agreement. This bond, which will also cover the operation of a sawmill, if permit for one is given in connection with
the sale, will be for such amount as the Forester may prescribe.
The responsibility of the sureties must be established by the supervisor.
REG. 37. Failure to observe any of the terms of the agreement constitutes breach of contract. Violation of the
following four rules constitutes trespass:
(a) No timber may be cut until it is paid for.
(b) No timber may be removed until it has been measured by a forest officer.
(c) Timber may be cut only on the area designated by the forest officer.
(d) No unmarked living trees may be cut, if marking is required by the officer in charge or by the terms of the sale.
(p. 39)
ADVERTISEMENTS AND BIDS.
In California no reserve timber may be sold without advertisement for competitive bids; elsewhere this is required only
when the amount is appraised at more than $100. Notice must be published for not less than thirty days (in California sixty
days) in one or more newspapers of general circulation in the State or Territory (in California in the county and also in the
capital).
REG. 38. Advertisements of sales must announce the time and place of filing bids and the approximate amount and
location of the timber, and will refer intending purchasers to the forest supervisor for full information. Before any
notice is published, the applicant is required to deposit with the Special Fiscal Agent of the Forest Service a sum
sufficient to cover the cost of advertising. If the depositor be the successful bidder, this amount is credited on the
purchase price of the timber; but if the timber is awarded to another, the deposit is returned. If the applicant
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should fail to bid during the time fixed for filing bids, the deposit may, at the discretion of the Forester, be retained
to pay the cost of advertising. A reasonable cash deposit, to be specified in the published notice, must accompany
each bid. The right is reserved to reject any or all bids. (See Appendix, pp. 101, 104.)
REG. 39. In sales above $500, allotments, at the highest price offered, may be made to several bidders to prevent
monopoly.
REG. 40. After timber has been duly advertised but not sold, all or any portion of it may be sold without further
notice by publication, in the manner prescribed for sales without advertisement. (See Appendix, pp. 101, 104.)
(p. 40)
ADVANCE CUTTING
REG. 41. The Forester may, for good reasons, in his discretion, permit the cutting and removal of timber in
advance of an advertised sale, when the applicant has made a deposit covering the value of the timber to be cut and
removed, and has agreed to pay for such timber at the rate of the highest price bid. (See Appendix, p. 140.)
NUMBERING OF SALES.
All sales will be numbered in series maintained by each supervisor instead of in State series as heretofore. Every reserve,
group of reserves, or division of a reserve which has a supervisor will have a series of approximately consecutive numbers,
following that of the last pending sale, or, if none is in progress, beginning at No. 1 with the first application received after
July 1, 1905. Each sale must be given its number as soon as the formal application has been favorably considered and
before any payment or deposit has been forwarded, in order that the letter of transmittal may bear the number and thus
enable the Special Fiscal Agent to give proper credit for the sum received. Since the procedure in sales of class (c) requires
the forwarding of deposits before the application is approved by the Forester, it may happen that no sale is made. The
number will have been used as a matter of record, however, and must not be applied again, although the result is a break in
the consecutive numbering of actually consummated sales. When a ranger makes a sale of class (a) He must number the
approved application and the purchaser's letter transmitting payment without duplicating a number used in the same series
by another ranger or by the supervisor. In order to prevent duplication, each supervisor will number all application blanks
he gives to rangers.
(p. 41)
EXAMINATION OF TIMBER APPLIED FOR.
Unless full information is already at hand, the first step after the receipt of any preliminary application is to examine the
timber. The most vital question concerning the removal of any living timber is whether it can be spared. To decide this
question the approving officer must know whether another growth of timber will replace the one removed or whether the
land will become waste; whether the water supply will suffer; and whether the timber is more urgently needed for some
other purpose. One of the foremost points to be studied is the reproduction of the forest under various conditions. The
number of small trees, their kind, their vigor, the seed-bearing capacity of those which would be left after cutting, the
possible destruction of the young growth by logging or fire, must all be considered fully. The growth on similar areas
which have been burned or logged affords the best guide in this study.
If the timber may be cut safely, then the best method of cutting must be decided; whether all the trees below a certain
diameter should be left to form the next crop, or only selected seed trees; whether the surrounding timber will furnish
enough and the right kind of seed; whether the cutting may be unrestricted or confined to strips; or, in other words, what
system will be surest to bring about satisfactory reproductions. All this, as well as to fix the quantity and location of
material to be sold, requires an accurate knowledge of conditions on the ground sufficient not only to decide upon the
original application, but to permit any change which may seem necessary. Therefore, except in small dead timber sales of
class (a), or in free use cases, the examination of any tract from which timber is sought must provide for:
1. Mapping.
2. Estimate of timber.
3. Forest description.
4. Recommendations, and reasons for them.
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MAPPING.
Every report upon a tract of timber recommended for sale must contain a map. Any scale may be used, but what it is must
always be stated. The size and scale of maps will be fixed mainly by the size of areas covered by estimates and
descriptions. The location of the entire proposed cutting area should be shown upon a single map. This may be as large as
convenient to mail and handle, and, if the scale permits, all the other features may be shown upon it also.
(p. 42)
In that case separate block or compartment maps are unnecessary, the blocks being indicated by dotted lines. Very large
tracts require location maps on a small scale, showing only the outline of the proposed cutting, the section lines or other
location points, perhaps the private lands, if any, and dotted lines to represent the accompanying block maps on a larger
scale. The latter may then be as numerous and as large as necessary.
The proposed cutting, as recommended by the examining officer and described in his estimate and description, and not
necessarily as suggested by the applicant, must always be clearly defined on the map; so must every part for which there is
a separate estimate, description, or recommendation.
ESTIMATING.
Always estimate the timber upon the definite cutting area recommended and shown on the map. An average for any other
area of which this tract forms a part is insufficient. The only exception to this rule is when the location of a definite cutting
area is impracticable.
If uncertain conditions of sale or differences between the forest officer and the applicant make it likely that the area
recommended may be extended or reduced, then estimates for both the larger and smaller area are required. Otherwise the
cutting area should be fixed and estimated by itself, without reference to other lands, whether in the same section or
quarter section or not. Show the location of survey lines on the map, but the estimate sent in need not cover any land not in
the cutting area.
The estimate submitted with an application must be definitely located, so as to show differing local conditions. A large
tract should be divided into compartments clearly marked by forest types or natural boundaries. Legal subdivisions are
seldom useful. Compartments may be as small as changing conditions of forest of topography require, but should seldom
be more than 160 acres in area. Large tracts will require separate estimates for each compartment. A tract of less than 160
acres will require but one estimate unless it contains more than one distinct forest type. Each estimate must refer by
number to a compartment outlined and numbered on the map.
(p. 43)
Estimates must be for the kinds and sizes of timber actually applied for. Estimates for other kinds or other sizes will not
answer.
DESCRIPTION.
A forest description on the form prescribed must be made for each proposed cutting area or compartment. Other facts
should be added if necessary. Whenever the forest on different compartments requires different treatment, each should be
described separately, and the terms of sale should provide for the needs of each compartment.
RECOMMENDATIONS.
Among the points to be covered are: Effect upon waterflow, possible profit in holding the timber for a future higher price,
the need for the timber, the possibility or difficulty of getting it elsewhere, the reliability of the applicant, and the price
which should be obtained. The latter is of great importance, especially in sales not requiring advertising, and should be
decided not by custom or habit, but by the actual value of the timber as determined by its character, ease of logging, and
distance from market. Timber on a gentle slope and near a mill or drivable stream may be worth more than twice as much
as less accessible timber. The forest officer should find out the cost of marketing all material and recommend prices which
will make it all about equally desirable.
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If the space for recommendations in the description blank is insufficient additional sheets may be used. The description of
each one of several compartments on one tract must contain separate recommendations unless all compartments are to be
handled alike.
PREPARATION OF FORMAL APPLICATION.
If the forest officer decides to recommend a sale he will explain to the applicant all the requirements of the regulations, and
the special conditions for that particular sale. All points about the proposed cutting must be discussed fully before the
application is made out. The following points must be considered, so far as they apply, and the forest officer will add
others when necessary:
(p. 44)
1. To what minimum breasthigh diameter should cutting be allowed?
2. Should seed trees be left; and if so, how many to the acre?
3. To what diameter in the tops should trees be utilized?
4. Should the brush be poled, and in what manner?
5. Should the purchaser clean up down timber not cut by him, burn brush, burn tops and lops, etc.?
6. How low should the stumps be (usually not higher than the tree is thick)?
7. Should felling be done with saws?
8. Should hewing be allowed except at skidways and openings?
9. During what months should cutting be allowed? (This depends on the danger of destructive insects breeding in freshly
cut timber.)
10. What material may be used for skidways, road material, and camps, and should it be paid for?
11. Where should applicant be allowed to locate camps, roads, dams, etc.?
12. Should cutting be restricted to the smallest area possible, or may it be scattered over a large tract?
In applications for dead timber the following points should also be considered:
1. Should all, or only standing, dead timber be taken?
2. Should all wood sound enough for fuel be taken?
3. Should all above a given size (what size?) be taken?
(p. 45)
4. Should purchaser pile the unsound portions of down trees from which he uses the sound parts?
Dead timber includes only timber, standing or down, which is actually dead, and in no case trees which are apparently
dying. All evergreen trees having any green leaves are classed as living timber. Since deciduous trees, such as tamarack,
and most hardwoods, have no foliage in winter, special care is needed to decide when they are dead. Trees dead at the top
and green below, generally called spike-topped trees, are classed as living, and must never be cut under dead timber
permits. The dead portion may, however, be scaled and charged for as dead timber.
Except when specially agreed, the purchaser will not be required to cut timber which may die after the date of sale, or to
dispose of unsound material which was sound at that time, unless reasonable diligence on his part would have prevented
the loss.
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If the applicant agrees to the conditions as explained to him, a formal application is prepared according to the instructions
given above for each class of sales. The quantity and location of timber described is based upon the forest officer's
examination, and must agree with the map, estimate, and description. All conditions and restrictions to govern the cutting
must also be included.
APPLICATION FOR SALE OF TIMBER.
Sale No. _____, _____ Forest Reserve.
_____ hereby apply to purchase _____ located _____.
_____ have forwarded to the Special Fiscal Agent at Washington, D. C., $_____, to be applied _____ and agree to pay, if
this application is approved, _____.
(p. 46)
_____ further agree, should the sale be awarded _____, to cut and remove said timber in strict accordance with the
following (and all other) regulations governing timber sales, now or hereafter prescribed by the Department of Agriculture:
1. No timber will be removed until it has been measured by forest officer.
2. No timber will be removed until it has been paid for.
3. Timber will be cut only on the area designated by the forest officer.
4. Double the contract price will be paid for any merchantable timber cut and left in the woods.
5. All merchantable timber used in buildings, skidways, bridges, road building, or other improvements, will be paid for at
the contract price.
6. No unnecessary damage will be done to young growth, or to trees left standing.
_____ further agree to comply with the following special conditions:
1. No living trees less than _____ inches in diameter at a point _____ feet from the ground will be cut.
2. Stumps will not be cut higher than _____ inches.
3. All trees cut will be used to a diameter of _____ inches in the tops.
4. Tops will be lopped and piled compactly at a safe distance from living trees _____.
5. All dead timber will be cut which is sound enough for _____.
6. Unless extension of time is granted, all timber will be cut and removed within _____ year-- from date of approval of
sale.
7. _____.
8. _____.
9. _____.
_____ further agree to furnish, if required, a satisfactory bond for faithful compliance with all of the above requirements.
_____ _____.
Approved, and sale granted under the above conditions.
_____ _____.
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Date _____ _____.
(p. 47)
MARKING AND CUTTING.
When the sale of any green timber is assured, the supervisor will order the marking of all trees to be cut. This is
imperative. Where only dead timber is purchased, and there is no danger that living timber will be cut, the forest officer
may, instead of marking every tree, blaze and mark the boundary of the cutting area and instruct the purchaser in the
manner of cutting.
Standing timber must be marked with "U. S." marking hammer near the ground, so that every stump will show the mark.
Where snow may conceal the marking from the cutters, each tree must also be marked at a point several feet from the
ground.
The officer in charge must see that the cutting is confined to the least possible area, and not scattered here and there over
the entire tract. So far as practicable, all branches of the logging operations must keep pace with each other. Brush piling
must never be allowed to fall behind the cutting and removal of logs, ties, and other material. The ground must be cleared
as fast as the work proceeds.
The best way to pile brush and refuse is not always the same, but the object is always to insure easy and clean burning as
soon as possible, with the least injury to standing timber and seedlings. The piles should be compact and large enough to
kindle easily and burn clean without repiling. When possible, they should not be nearer than 15 feet from standing green
trees or dead trees having many branches or a covering of moss which might be ignited. Where the density of the standing
timber makes this impracticable, openings should be made by the cutting or, if this cannot be done, the piling should be
near the least valuable trees and where there is least danger of the fire spreading.
SCALING
All timber must be scaled by a forest officer before it is removed from the tract of from the points where it is agreed that
scaling shall be done. Each stick of saw logs, timbers, poles, and lagging must be scaled separately. Rough averaging of
diameters or lengths is not allowed. The Scribner rules will be used in all cases.
(p. 48)
Ties may be actually scaled, or reckoned as follows:
Eight-foot ties, standard face, 33 1/3 feet B.M., each; 6-foot ties, standard face, 25 feet B.M., each.
Shake and shingle-bolt material is measured by the cord.
Squared timbers are scaled by their actual contents in board feet with no allowance for saw kerf. Thus, an 8 by 12 inch
16-foot stick contains 128 B.M.
Unsound or crooked logs will be scaled down to represent the actual contents of merchantable material. All partially
unsound but merchantable stuff must be scaled, whether removed or not. In ground-rotten timber, butts which, though
unsound at the heart, contain good lumber toward the outside, are frequently left in the woods. Where such material will
pay for sawing, the forest officer will scale it at what he considers its true value and include it in the amount purchased.
Logs which are not round will be scaled on the average diameter; flats and lagging on the widest diameter.
In the absence of a log rule, or where the position of logs in the pile makes its use difficult, the diameters and lengths may
be tallied and the contents figured from a scale table later.
When possible, the purchaser will be required to mark top ends of logs to avoid question when they are scaled to the pile.
The forest officer should insist on having one end of piles or skidways even, so that the ends of logs may be easily
reached. When the lengths of piled logs are hard to get, two men should work together.
When scaled, each stick of saw logs, timbers, ties, lagging, posts, poles, or piles must be stamped with the United States
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mark on at least one end, and on both when possible. Cord material, such as wood or bolts, must be stamped at both top
and bottom of piles and at least 12 pieces in each cord must be stamped.
All scaling is inside of bark.
(p. 49)
REPORTS OF TIMBER CUT
Every forest officer who lays off a cutting area and marks or otherwise designates timber to be cut will notify the
supervisor when he has done so and report the date when cutting actually begins. On the first and fifteenth day of every
month while cutting is in progress he will report to the supervisor, upon the form provided, the amount of timber cut and
the condition of the tract. These reports may be omitted when the work stops for some time, as in winter. They will be filed
in the office of the supervisor. When the amount cut, as shown by them, reaches that covered by the first payment, whether
a partial payment or in full, the supervisor will so notify the Forester upon the form provided. This statement will be
independent of any possible further payment, even though a second deposit may be made before the timber covered by the
first is cut. Every sale contract provided for a system of separate advance payments, either one or more. The Washington
office wishes to know when the purchaser has received the amount of timber covered by each. When it is notified to this
effect, and not before, the payment, which so far has been held as unofficial money, is covered into the Treasury. By this
system the whole payment, if there is but one, and the one under which cutting is actually progressing, if there are more
than one, is retained as unofficial money until the sale is complete, so that the purchaser may be reimbursed if he fails to
secure the amount of timber paid for.
(p. 49)
SPECIAL OCCUPANCY PRIVILEGES.
REG. 42. Hotels, stores, mills, summer residences, and similar establishments will be allowed upon
reserve lands wherever the demand is legitimate and consistent with the best interests of the
reserve.
The use of tracts of not to exceed 2 acres for schools and 1 acre for churches is specifically provided for
by law, subject to regulation by the Department and any other disposition of the land by the Government.
Timber for the construction of church and school buildings may be secured under the free use and sales
regulations. (See Appendix, p. 103.)
(p. 50)
REG. 43. Application for special occupancy privilege must be made to the supervisor, who will
transmit it, with report and recommendation, to the Forester. The Forester may approve the
application, with such restrictions as to area, time, terms, and surely as he may deem best, and may
extend or renew any permit in his discretion.
REG. 44. Any occupancy permit may be conditional, in the discretion of the Forester, upon the
agreement of the applicant to pay a rental, not to exceed a stipulated amount, when called upon to
do so.
REG. 45. Occupancy under permit secures no right or claim against the United States, either to
the land or to compensation for any improvements upon it, beyond the privileges conferred by the
permit.
REG. 46. Occupancy without a permit, or continued after violation of the terms of the permit, or
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after its expiration, constitutes trespass.
REG. 47. Permits to inclose and cultivate agricultural land within forest reserves may be granted
by the Forester subject to the foregoing conditions, except that no single applicant will be
permitted thus to occupy more than forty acres and that any permit may be revoked at any time.
Application for a special occupancy permit should be made about as follows:
I (or we), the undersigned, hereby apply for permission to occupy for a term of ---- years a tract of ---- acres situated
(describe location), for the purpose of (state purpose), and to construct thereon (describe buildings and improvements
necessary).
The tract desired is (open, burned, timbered. If the latter, describe growth). There will be required to build improvements
(approximate quantity, board measure) of (kind of timber; dead or living), to be taken from (if not from the tract, state
from where).
(p. 51)
This privilege is desired because (state any pertinent facts).
If this application is approved, I (or we) will execute an agreement to observe the regulations governing forest reserves
and such special conditions as are required.
(Signed) _____ _____
_______
(Post-office address.)
Investigation will be made by a forest officer, who will fully explain to the applicant the regulations governing special
occupancy privileges and make a written report covering the following points (nos. 6, 7, 8, and 10 may be omitted in case
of school and church applications):
1. Size and location of tract involved, describing fully by reference to known points if unsurveyed and by legal
subdivision if surveyed.
2. Title of land. If under claim, how and by whom? Can permit properly be given by the United States?
3. Character of land; whether suitable for the purpose desired. If timbered, describe the stand and name the species.
4. Existing improvements, if any. By whom made and may applicant properly use them?
5. If any reserve timber will be required for improvements should it be allowed free or by sale? (If free use permit or sale
is necessary, examining officer should see that proper application is made and should transmit it with this report.)
6. State whether the desired privilege will involve monopoly of a location specially desirable for any purpose, or
otherwise enable the applicant to hinder others in the use and enjoyment of the reserve.
7. If the Department should allow occupancy under lease only, what annual rental should be charged?
8. What is the applicant's reputation and financial standing?
(p. 52)
9. Recommendations of the examining officer, with any other information required.
10. If approval is recommended, whether bond should be required and in what sum.
11. If the application is for a sawmill the report must cover these additional special considerations:
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a. Kind and size of mill. Capacity and output.
b. Kind of products to be manufactured.
c. Source of timber to be sawed.
d. Disposal of refuse.
This report will be submitted to the supervisor, who will see that it is complete and will then forward it, with the
application and his own recommendations, to the Forester for action. If the Forester approves the application, an agreement
will be prepared in triplicate in the Washington office and forwarded for execution , one copy to be retained by the
applicant, one by the supervisor, and one to be returned to the Forester. If bond is required it will accompany the
agreement for execution.
(p. 52)
ROADS AND TRAILS.
REG. 48. Wagon roads and trails may be constructed, changed, widened, extended, or repaired
upon forest reserve lands when needed, but permit or right of way must first be secured. Permits
will not give the right to exclusive use, or to charge toll, or against future disposal of the land by the
United States. Applications must be made directly to the supervisor or through a ranger; never to
the Washington office.
Investigation will be made and all points will be fully discussed with the applicant, who should accompany the forest
officer over the ground if required.
An application upon the form prescribed, based upon the investigation and describing both the privilege sought and the
conditions of its allowance, will then be filled out in duplicate by the forest officer and signed by the applicant. If a ranger
is the examining officer, he will indorse both copies and forward them to the supervisor for action, together with a written
report.
(p. 53)
REG. 49. Road districts, counties, or persons and noncommercial corporations which are entitled
to the free use privilege may, in the discretion of the supervisor, be granted, with a permit for road
or trail construction, the right to use not over $100 worth of timber free in such construction
without prejudice to any application they may make in the same year for material for other
purposes. If not more than $100 worth is necessary, but the applicant is not entitled to the free use
privilege, he must buy the timber required under the regulations governing timber sales.
REG. 50. All applications for road or trail construction involving the use of more than $100 worth
of reserve timber must be submitted to the Forester for approval, with report and
recommendations. He will also decide whether the timber may be used free or must be purchased.
If not more than $100 worth of timber is to be used free, the supervisor's approval of the application makes it a permit,
one copy of which is returned to the applicant and one kept in the supervisor's office. If not more than $100 worth of
timber is to be sold for construction of the road, the sale is conducted by the supervisor, as usual.
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If more than $100 worth of timber is to be used, the supervisor will transmit both copies of the signed application to the
Forester, accompanied by a report and his own recommendations. If the application is approved by the Forester, one copy
signed by the applicant is retained in the Washington office, the other, which becomes a permit by the approval of the
Forester, is returned to the applicant, and a third copy is made and sent to the supervisor. If the timber must be secured
through purchase, a regular application must be sent to the Forester, together with the road application.
If a supervisor or the Forester receives a formal signed application which must be modified before being approved, he will
prepare and approve revised copies and return them for signature by the applicant.
(p. 54)
REG. 51. A county road established prior to the creation of the reserve may be changed, widened,
or repaired by the county authorities without permit if the operations are within the right of way
fixed for such roads by the State law.
Any attempt to abuse this privilege, such as the unnecessary use of material or the leaving of dangerous refuse, should be
forbidden, and if necessary, reported to the Forester for instructions.
REG. 52. The use of material from outside the right of way, or the construction of new road, by a
county, require a permit exactly as in the case of private individuals. In emergencies, however,
supervisors or road districts, or others, may make any necessary immediate repairs without
permit, making informal report to the nearest forest officer at their earliest opportunity.
REG. 53. Roads for the benefit of mining claims, when outside their boundaries, are not considered
as assessment work by the Department of the Interior, and can be built over reserve lands only
under permit.
Action or report upon an application for road or trail permits should take account of:
1. Location and length, to be shown by map. In important cases accurate survey and map must be furnished by applicant.
2. Title of land to be traversed. Show on map any patents or claims.
3. Character of forest reserve land involved; timbered, burned, or open.
4. Width of road and width which should be allowed to be cleared. Quantity, kind, and value of forest reserve timber to be
cut in clearing.
5. Quantity, kind, and value of forest reserve timber, other than that necessarily cut in clearing, to be used in construction.
6. Should this timber be allowed free or be sold? (If sale application is necessary, it should accompany report to avoid
delay.)
7. Necessity for the road or trail.
(p. 55)
8. Possible injury to reserve or private interests.
9. Possible complications on account of private lands or prior rights of way.
10. Desirability of fixing a standard of excellence for the proposed road or trail.
11. Disposition of refuse.
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APPLICATION FOR RIGHT OF WAY PRIVILEGE.
No. _____, _____ Forest Reserve.
_____, the undersigned, hereby apply for permission to use a right of way for a _____ (road, ditch, or other right of way,
stating width and length. Reservoir or tank site, stating area), located as shown on the attached map and described as
follows: _____ (Describe the terminal points, direction and lands traversed, if right of way; the tract to be occupied, if
dam, tan, or reservoir site), and to construct and maintain thereon a _____ (describe proposed improvement) for the
purpose of _____ (object to be served or demand to be supplied. Show clearly whether enterprise is personal or
commercial). _____ hereby certify that _____ have secured permission from all owners or claimants of any private lands
or claims to be occupied in connection with the privilege sought, and that, to the best of _____ knowledge and belief, the
privilege will not in any way involve interference with any legal or just right of other persons.
_____ agree, should this application be approved, to comply with all regulations and instructions of the Department of
Agriculture governing forest reserves, and with the following special conditions:
1. The forest reserve timber used in clearing for and establishing the _____will be taken _____ (from right of way or
elsewhere. State whether through purchase.)
2. Only timber will be cut, except under permit, and no unnecessary damage will be done to young growth and trees left
standing.
3. All cutting and disposition of refuse will be done by _____ under the direction of the forest officers.
4. _____ will pay the United States for any damage sustained by reason of _____ use and occupation of the forest reserve,
regardless of the cause and circumstances under which such damage may occur.
(p. 56)
5. _____ (Any further conditions required in the case).
6. _____.
_____ further agree, if required, to give satisfactory bond for faithful compliance with all of the above requirements.
(Signed) _____ _____,
(Post-office address)
Dated at _____,
_____, 190_.
Approved and permit granted for a period of _____.
_____ _____.
_____, 190_.
(p. 56)
CANALS, DITCHES, RESERVOIRS, ETC.
REG. 54. Permits for canals, ditches, flumes, pipe lines, tunnels, dams, tanks, and reservoirs, not for
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mining or municipal purposes, nor granting an easement, are under the jurisdiction of the Secretary of
Agriculture and should be applied for to the supervisor, as in the case of roads and trails.
REG. 55. If the project is small and of a private and personal character--such as a reservoir, pipe line, or
ditch to supply a few farms, or a tank to collect water for stock--and the supervisor is certain that there
are no complications of title, nor prior and conflicting rights, he may approve application. If any large or
commercial enterprise is involved, or if there is any question of conflicting rights or of the jurisdiction of
the United States over the land, or of conflict with Federal, State, or Territorial laws controlling use and
appropriation of water, the supervisor must transmit the application to the Forester for approval, together
with report and recommendation.
(p. 57)
Permits granted under these regulations are only for the improvements necessary to store or conduct
water and do not carry any right to the water itself, the appropriation of which is subject to Federal, State,
or Territorial law.
Action upon applications to construct or change reservoirs, dams, tanks, canals, ditches, flumes, pipe lines, and similar
improvements for purposes other than mining and municipal, is practically the same as prescribed for roads and trails.
Preliminary statement by the applicant will be followed by examination and report upon all of the following points:
1. If the application is for a reservoir, dam, etc., the location and area; if for a ditch, flume, etc., the length and direction.
This must be shown by map. In important cases, accurate map and survey must be furnished by applicant.
2. Title of land to be occupied or traversed. Show by map any patents or claims.
3. Character of forest reserve land involved; whether timbered, burned, or open.
4. Width of ditch, canal, etc., and width which should be allowed to be cleared. Quantity, kind, and value of forest-reserve
timber to be cut in clearing.
5. Quantity, kind, and value of forest reserve timber, other than that necessarily cut in clearing, to be used in construction..
6. Should this timber be allowed free or through sale? (If free use or sale application is necessary, it should accompany
report to avoid delay.
7. Disposition of refuse from cutting.
8. Source of water supply.
9. Applicant's right to use this water. This point should be fully discussed in the report, because, while a permit for
improvements carries no water right, it is undesirable to grant a useless privilege or one which may unjustly impose upon
others the necessity of protecting their rights. If the applicant has not an established water right, it should be clearly stated
whether the stream involved is adequate at all seasons to supply all existing rightful claimants; whether only flood waters,
which would otherwise be wasted, are to be used; whether in any way the desired privilege will be illegal or undesirable.
(p. 58)
10. Necessity for the desired improvement.
11. Possible injury to reserve or private interests; as, for example, through damage to roads or trails, hindering the passage
of stock, or discharging water where it will be a nuisance.
12. Possible complications on account of private lands or prior rights of way.
These points should be fully discussed with the applicant and others concerned. An application upon the form prescribed ,
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based upon the investigation and describing the terms of the privilege, will then be filled out in duplicate and signed by the
applicant, as in road and trail cases, and the procedure thereafter will be as prescribed in such cases, except in so far as the
authority of the supervisor to approve the application is defined by Reg. 55.
PRIVATE RAILROADS, TELEPHONE LINES, ETC.
REG. 56. Permits for private railroads and tramroads and telegraph, telephone, and power lines
may be granted only by the Forester. Applications may be made to the supervisor in the manner
prescribed for road and trail applications. An accurate map of the proposed line must be supplied
by the applicant.
After investigation a formal application upon the right of way privilege blank, together with report similar to that required
for road or trail applications, will be transmitted to the Forester by the supervisor.
TRESPASS AND VIOLATIONS.
I. -- CRIMINAL ACTION.
REG. 57. Under authority given to the Secretary of Agriculture regarding forest reserves "to
regulate their occupancy and use and to preserve the forests thereon from destruction," the
following acts are hereby forbidden, and declared to constitute trespass punishable by fine and
imprisonment: (See Appendix, p. 101.)
(p. 59)
(a) Grazing upon or driving across a forest reserve any live stock without a permit, except as
otherwise allowed by regulation.
(b) Placing any fence or inclosure upon a forest reserve without a permit, except upon land covered
by a title or a valid claim.
(c) Making settlement or squatting upon land within a forest reserve.
(d) Building roads, trails, railways, or tramways, and constructing ditches, dams, canals, pipe lines,
flumes, tunnels, or reservoirs without a permit, except upon land covered by a title or a valid
claim.
(e) Erecting or conducting telephone, telegraph, or power lines, hotels, stores, sawmills, power
plants, or other structures, or manufacturing or business enterprises, or carrying on any kind of
work, except according to law and forest reserve regulations, unless performed on patented land or
land held under valid claim.
(f) Willfully tearing down or defacing warning notices of the Forest Service.
(g) Willfully destroying or damaging any property belonging to or used by the United States for
forest reserve purposes.
(h) Willfully setting on fire or causing to be set on fire any timber, brush, or grass within a forest
reserve, or leaving or suffering fire to burn unattended near any timber or other inflammable
material in a forest reserve.
(p. 60)
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The following trespasses are forbidden by specific acts of Congress and are punishable by fine and
imprisonment:
1. Cutting, destroying, or removing timber or other forest products from land in a forest reserve without a
permit, or without having a valid claim to the ground on which such timber or product grows, except the
small quantities actually needed by transients while within forest reserves. (See Appendix, p. 117.)
2. Cutting, destroying, or removing more timber upon an unpatented claim within a forest reserve than is
necessary for its proper working and actual development.
3. Cutting timber on one mining claim to be used in developing another, except when both belong to the
same group and were located in good faith. (See Appendix, p. 129.)
All forest officers have power to arrest without warrant any person whom they discover in the act of
violating the forest reserve laws and regulations, or to swear out a warrant before a United States
commissioner of the district in which such violation has been committed and use it as the visible sign of
the right to arrest: and also to arrest for any such violation on a warrant obtained from a United States
commissioner by any competent person.
All forest officers are directed to be vigilant in discovering violations of forest reserve laws and regulations and diligent in
arresting offenders, either on a warrant secured from a United States commissioner of the district or without such warrant
when the offender is taken in the act of violating any forest reserve law or regulation.
(p. 61)
Any forest officer making an arrest must as soon as practicable take the offender before the nearest
United States commissioner and thereafter stand ready to carry out any mandate of the commissioner
relative to the custody of the prisoner. He will also at once inform the supervisor within whose
jurisdiction the offense was committed. It shall be the duty of each supervisor promptly to inform the
district attorney of any such arrest and to render him the fullest assistance in collecting evidence. Each
supervisor will also keep the Forester fully informed of each arrest and of further steps in the
prosecution.
When a forest officer makes an arrest he will be reimbursed for the necessary expense incident to such
arrest. When such expenses are incurred by a forest ranger her will be reimbursed through the supervisor.
II. -- CIVIL ACTION.
IN GENERAL.
The United States has all the civil rights and remedies for trespass possessed by private individuals.
If any forest officer discovers a trespass he will notify the trespasser, if possible, in the presence of a witness, to
discontinue the same, taking care to note the hour, day, and place of notice. He will also report the facts immediately to the
supervisor on the prescribed form, and when danger of removal or destruction is imminent will seize all material involved
in the trespass and, if necessary, arrest the offender.
Supervisors will report all cases of trespass to the Forester, setting forth the damage done or threatened, including the
actual expense incurred in investigating the trespass. If the offer of settlement is not accepted, and the damage seems
sufficient to warrant a civil suit, the supervisor will be directed by the Forester to place the case in the hands of the United
States district attorney. Thereafter the supervisor will do all in his power to collect evidence for and assist the district
attorney in the prosecution of the suit. He will also promptly inform the Forester of each step in the case. Forest officers
may administer oaths in securing testimony under this regulation.
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(p. 62)
INJUNCTION.
An injunction may be obtained to restrain trespass on forest reserves.
DAMAGES.
Civil actions may also be brought to recover damages caused by any trespass or breach of contract.
Damages recovered in such actions are in addition to and exclusive of criminal penalties.
COMPROMISE.
The Secretary of Agriculture has no power to compromise criminal cases, and "a proposition of
settlement submitted with the understanding that, if accepted, criminal proceedings for the trespass will
be waived will be rejected."
SETTLEMENT.
The Secretary of Agriculture has power to settle with any trespasser for the actual civil damages of such
trespass. The rule for measure of damages for timber cut without permit is as follows: When the trespass
is willful, the value of the timber where found; when unintentional, the stumpage value only.
Forest officers will notify trespassers that they may make, upon the prescribed form, offers of settlement to accompany
their reports, but no such offer will be considered unless the amount offered in settlements is remitted by postal or express
money order or national bank draft on New York to the Special Fiscal Agent, Forest Service, Washington, D. C.
(p. 63)
PUNITIVE DAMAGES.
When trespass can be shown to be of a malicious nature, or due to such negligence as implies malice "or
a reckless indifference to the rights of the Government," especially when a person trespasses after his
attention has been called to the nature of the trespass, punitive damages may be recovered
"notwithstanding the act constitutes an offense punishable under the criminal statutes."
STRUCTURES WRONGFULLY PLACED ON FOREST RESERVES.
When any structure is erected upon forest reserve land without a permit, it becomes the property of the
United States immediately upon its construction.
(p. 63)
PROTECTION AGAINST FIRE.
Probably the greatest single benefit derived by the community and the nation from forest reserves is
insurance against the destruction of property, timber resources, and water supply by fire. The direct
annual loss from this source on unprotected lands reaches many millions of dollars; the indirect loss is
beyond all estimate. The burden of adequate protection can not well be borne by the State or by its
citizens, much as they have to gain, for it requires great outlay of money to support a trained and
equipped force, as well as to provide a fund to meet emergencies. Only the Government can do it, and,
since the law does not provide effective protection for the public domain only in forest reserves can the
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Government give the help so urgently needed.
(p. 64)
Through its watchful fire patrol the Forest Service guards the property of the resident settler and miner,
and preserves the timber and water supply upon which the prosperity of all industries depends. The help
it can give to the development of the West may be greatly increased by the cooperation of citizens.
Destructive forest fires are not often set willfully, but far too commonly they result from failure to realize
that carelessness will be followed by injury and distress to others. The resident or the traveler in forest
regions who takes every precaution not to let fire escape, and who is active in extinguishing fires which
he discovers, contributes directly to the development and wealth of the country and to the personal safety
and profit of himself and his neighbors. He who does not, assumes a great responsibility by endangering
not only his own welfare but that of countless others.
Citizens' fire brigades have been organized successfully on many reserves. Not only is the prevention of
fire to the interest of all property owners, but men under obligation to fight fire because they hold permits
will profit greatly by any means of reducing the work which they may be called upon to do. An
organization which will put out a fire before it gathers headway may save them many days' hard work. A
good leader should be chosen to direct the work and to communicate with the forest officers. The local
ranger should keep this leader informed of his movements as far as practicable, so that no time need be
lost.
Care with small fires is the best preventive of large ones. The following simple regulations may easily
be observed by all:
(p. 65)
REG. 58. Camp fires must not be larger than necessary.
REG. 59. Fires must not be built in leaves, rotten wood, or other places where they are likely to
spread.
REG. 60. Fires must not be built against large or hollow logs, where it is difficult to be sure when
they are completely out.
REG. 61. In windy weather and in dangerous places, camp fires must be confined in holes, or by
clearing all vegetable matter from the ground around them.
REG. 62. A fire must never by left, even for a short absence, before it is completely extinguished.
Officers of the Forest Service, especially forest rangers, have no duty more important than protecting the reserves from
forest fires. During dry and dangerous periods all other work should be subordinate. Most careful attention should be given
to the prevention of fires. Methods and equipment for fighting them should be brought to the highest efficiency. No
opportunity should be lost to impress the fact that care with small fires is the best way to prevent large ones.
The reserves must be thoroughly posted with fire warnings. The fact that some of them are destroyed is no excuse for
neglecting this important duty. Often the warning notices can be posted on or near signboards along trails, or notices of
reserve boundaries, limits of districts, or excluded parts in grazing ranges, etc. The destruction of these notices is willful
trespass, punishable by law.
Forest officers should cheerfully and politely tell hunters, campers, and others about the rules and regulations governing
camp fires. An officer who loses his temper or uses improper language in talking with persons who are careless because
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they do not know about the rules, or have no experience in camping, fails in one of his principal duties. He should call
their attention to the mistake and instruct them courteously in the proper way of building and handling fires.
(p. 66)
REG. 63. Lumbermen and settlers within forest reserves are cautioned against making dangerous
slashings, and must not fire them in very dry weather. If it is necessary to make slashings, or to
burn them, ample notice must always be given the nearest forest officer before burning, so that he
may take steps to reduce the danger to the minimum. If notice is not given, or if the ranger's
instructions are not followed, the person responsible for the burning will be held strictly
responsible for all damage to the reserve, and liable, in aggravated cases, to criminal prosecution.
There is no desire to hamper the work of settlers and lumbermen, nor to limit the rights of property
holders, but it is not just that other forests and improvements, whether owned privately or by the
Government, should be endangered by carelessness.
The utmost tact and vigilance should be exercised where settlers are accustomed to use fire in clearing land. Public
sentiment is rightly in sympathy with home builders and the control of their operations should give the least possible cause
for resentment and impatience with the reserve administration, but it should be exercised firmly none the less. Settlers
should be shown the injury to their own interests, as well as to the public, which results from forest fires. Methods and
times of burning should be discussed with them and, if possible, an amicable agreement secured to have no burning except
when authorized by the forest officer and when he is present. But while the aim ought always to be toward cooperation and
good will, it is equally important to have it well understood that reserve interests will be protected by every legal means.
Where any tendency to ignore instructions is observed, notice must be given that action will be brought for any damage
sustained by the United States and that willful negligence will be prosecuted criminally. If this is ignored and damage does
result prosecution must be prompt and vigorous. Where there is sufficient reason to anticipate danger, as from a large
slashing which it is announced will be burned at a dangerous time, injunction may be secured.
(p. 67)
Similar means should be employed when reserves are endangered by railroads or logging operations on private lands, and
prompt report of such conditions should be made to the Forester.
FIRE LAWS AND PENALTIES.
There is ample legal provision for the punishment of malice or carelessness with fires. The act of June 4, 1897, instructs
the Secretary in charge of forest reserves to make provisions for their protection against fire, and provides for the
punishment of any violation of his regulations. The act of May 5, 1900, prescribes a maximum fine of $1,000, or one
year's imprisonment, or both, for building a fire and leaving it before it is totally extinguished. Any officer of the Forest
Service may arrest violators of these laws.
The fire laws of any State or Territory are applicable to forest reserves within its boundaries and the United States has
recourse to them whenever necessary.
The United States may also bring civil action to recover damages caused by fire, no matter how it was set. It is not
necessary to prove malice, or even carelessness, or that the fire was set upon Government land. Any person responsible in
any way for injury to Government property is liable for the actual damage.
PATROL.
Each supervisor is responsible for the patrol of his reserve, and will devise systems best suited to the locality.
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(p. 68)
Every ranger or guard must go to and fight every fire he sees or hears of at once, unless he clearly can not reach it, or is
already fighting another fire. If he can not reach it, or is already fighting another fire. If he can not put it out alone, he must
get help. The fact that it may not be on his district has no bearing unless he is certain another ranger is there already.
Rangers on fire-patrol duty should avoid spending time and work in places or along routes where there is little danger or
small outlook. Hours spent or miles ridden are in themselves small indications of efficient patrol. Often a short trip to a
commanding point is better than a long ride through a wooded valley. During dry and dangerous periods the selection of
headquarters, camping places, and routes should be made with the single object of preventing and discovering fires.
Fires caused by lightning are not rare, especially in dry mountain regions. After every electric storm a special effort is
needed to locate and extinguish any such fires before they are well under way.
HOW TO FIGHT FIRE.
When once a fire has spread over an acre or more, especially where much dead and down material makes it very hot, it
may be so far beyond the control of one man that it is best to leave it and get help. The character and condition of the
woods, the weather, and even the time of day, have so much to do with such cases that general directions have little value
and all depends upon the experience and good judgment of the ranger.
Generally, it may be said that the best tools for fighting fire are the shovel, mattock, and ax. The ranger should always
carry at least shovel and ax during all the dangerous season.
In damp, heavy timber usually travels slowly, and a few men, if persistent, can keep it in check by trenching, even though
they may not extinguish it, and must continue the watch until rain falls.
(p. 69)
In dry, open woods fire travels faster, and it is often best to go some distance to the most open and clean ground, and back
fire from there. In handling back fires great care is needed to avoid useless burning; therefore, they should never be set
except by forest officers, unless in great emergencies.
The night or the early morning hours are the best time to work, whenever any choice of time exists, for nearly all forest
fires die down more or less during the cool of the night and flare up again during the heat of the day.
Following are several general principles to be borne in mind:
(a) Protect the valuable timber rather than the brush or waste.
(b) Never leave a fire, unless driven away, until it is put out.
(c) Young saplings suffer more than old mature timber.
(d) A surface fire in open woods, though not dangerous to old timber, does great harm by killing seedlings.
(e) A fire rushes up hill, crosses a crest slowly, and is more or less checked in traveling down. Therefore, if possible, use
the crest of the ridge and the bottom as lines of attack.
(f) A good trail, a road, a stream, an open park, check the fire. Use them whenever possible.
(g) Dry sand or earth thrown on a fire is usually as effective as water and easier to get.
(h) A little thinking often saves labor and makes work successful. Ill-planned efforts suggested by haste and excitement
rarely lead to success.
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(p. 70)
ACTION AND REPORT.
Small fires, extinguished without difficulty by the officer who discovers them, may be reported at the end of the month.
The supervisor should be notified at once of large ones which require help from residents or other rangers, purchase of
supplies, or attendance for several days. But if help is needed, the forest officer on the ground should get it at once. He
should hire men and messengers, if necessary, send for supplies, and notify the supervisor of the action taken. The
supervisor will furnish any further help needed and telegraph the Forester if special authorization is required.
In reporting upon fires, three classes should be distinguished, as follows:
(a) Camp fires and other small fires covering not more than a few square rods.
(b) Small forest fires, extinguished without any extra help or expense and generally not covering over 5 acres.
(c) Large fires, requiring extra help and expense.
Those of the first two classes may be included in one report at the end of the month. Give the number and location of
each, with such information as to course and damage as seems necessary or is required by general instructions from the
supervisor. Fires of the last class should be reported on separately. Cover all of the following points:
1. Location.
2. Damage done.
(a) Number of acres burned over.
(b) Number of acres of merchantable timber burned.
(c) Number of feet B. M. of:
(1) Green timber destroyed.
(2) Dry timber destroyed.
(d) Value of all timber destroyed.
3. Probable cause.
4. By whom was fire discovered?
5. When was it discovered?
6. When was it brought to notice of forest officer?
7. When was the work of checking the fire begun?
8. When was the work finished?
(p. 71)
9. How many extra men were employed?
10. Cost of fire:
(a) For help (outside of rangers)
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(b) For materials, tools, etc.
(c) Total cost.
EXPENDITURES FOR FIGHTING FIRE.
Every forest supervisor is authorized, in person or through a subordinate, to hire temporary men, purchase material and
supplies, and pay for their transportation from place to place to extinguish a fire; but when it is evident that the expense is
liable to be over $300, he must at once telegraph the Forester for instructions to incur the additional expense. No expense
for fighting a fire outside a reserve must be incurred unless the fire threatens it.
Any person paid for services at a fire must sign a subvoucher for the amount received, to be transmitted with the
supervisor's regular monthly account for the month in which the expense is incurred. Full directions for preparing accounts
are printed on the back of all vouchers.
Government employees and person having grazing or other permits within a forest reserve are not entitled to
compensation for fighting fire.
While the government is anxious to prevent and fight fires, only a limited amount of money can be devoted to this
purpose. Experience has proved that usually a reasonable effort only is justified, and that a fire which can not be controlled
by 20 to 40 men will run away from 100 or even more men, since heat and smoke in such cases make a direct fight
impossible.
Extravagant expenditures will not be tolerated. Fires are sometimes started for the sake of a job. In and about every
reserve it is possible to enlist the cooperation of the better citizens, so that in time of need enough men of the right kind
will be on hand. A crowd of men hastily gathered about a town without organization, interest, or experience, is valuable
only as a last resort in extreme need.
(p. 72)
PERMANENT IMPROVEMENTS.
The forest officers will devote all time that can be spared from other work to building and keeping open roads and trails, to
making other permanent improvements, and to study and mapping of the forest.
Supervisors will use every opportunity to work on a permanent system of roads and trails in their reserves. Whenever they
can be spared and weather permits, rangers should be assigned to trail and cabin work. No work of importance should be
done without careful previous location, approved by the supervisor, who is responsible not only for the work, but for
economy in doing it.
Cabins and fenced pastures should be established wherever they are needed. Reasonable construction expenses will be
allowed; but supervisors will be held strictly responsible for the selection of locations with the single object of improving
the service. Abandoned settlers' improvements may often be used.
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Progress reports upon all improvement work will be required by the supervisor, who will also from time to time inform
the Forester of results. Before any expense beyond the labor of the reserve force is incurred, unless to meet an emergency,
previous authority must be secured from the Forester. the need and cost of the proposed improvement and its exact
location must always be stated.
MARKING RESERVE BOUNDARIES.
For the benefit of the public and of the reserves, forest officers will do their utmost to see that all boundaries are
established and clearly marked.
All forest supervisors will be supplied with boundary posters, with stamps and ink for filling the spaces left on each poster
for the name of the reserve and boundary on which the notice is posted. They will see that the reserve limits are kept amply
marked, not only at the entrance of trails and roads, but at frequent intervals along the entire boundary where any entrance
is probable. There should be at least one notice to each mile where grazing or timber trespass is likely to occur.
(p. 73)
Every notice posted must bear the name of the reserve and the proper boundary. If it is desirable to indicate the latter
otherwise than by "North," "South," "East," or "West," combinations of initials such as "NW." or "SE." may be made.
Where the forest officers cannot locate the boundaries of their reserve with sufficient accuracy, or the lines of interior
claims or holdings of any kind, the Forester should be informed, in order that proper surveys may be secured.
SPECIAL INVESTIGATIONS UPON FOREST RESERVES.
It is the policy of the Forest Service to conduct within forest reserves useful work and investigations outside the ordinary
work of the reserve, such as the examination of lands proposed to be excluded from or taken into a reserve, the study of
commercial trees, the preparation of maps and working plans for conservative lumbering, and the establishment of
nurseries and planting of trees.
Such work will usually be done by or under the supervision of forest inspectors, but the local force will assist and
cooperate with them as far as possible without interference with their regular duties.
FIELD AND OFFICE EQUIPMENT.
When they are needed for the good of the service, every supervisor will be furnished with the following articles for use by
himself and distribution among his subordinates.
List A.
For supervisor's office:
Desk.
Chairs.
Filing case.
Map case.
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Typewriter and stand.
Drawing instruments.
Compasses and tripods.
Surveyor's chains and pins.
(p. 74)
Calipers.
Tally boards.
Magnifying glasses.
Stationery and office supplies.
Steel tape (50-foot).
Planimeter.
Scribes.
Bark blazer.
United States flag.
For rangers and guards:
Marking hatchets.
Log rules.
Tents (7 by 9).
Pocket compasses.
Badges.
Stationery.
List B. For supervisors office:
Ink and mucilage.
Drafting board and trestle.
Drawing paper and linen.
For general reserve work: Axes, shovels, saws, hammers, drills, and other necessary tools. Lumber, glass, nails, bolts,
powder, and other necessary construction materials.
Articles in list A will be shipped by the Washington office upon receipt and approval of requisition in proper form. Those
is List B may be purchased by the supervisor from local dealers upon permission from the Forester the form of definite
instruction and authorization. There must be no requisitions or purchase of unnecessary supplies, and purchases must be at
the lowest available price.
Any equipment not mentioned in the above lists and which is necessary in the proper performance of their duty must be
furnished by forest officers at their own expense.
(p. 75)
SUPERVISORS' ACCOUNTS.
PAY VOUCHERS.
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All pay vouchers of forest supervisors, rangers, and guards must be prepared, signed, and certified in duplicate upon Form
No. 3. Supervisors will not certify their own pay vouchers, since they are certified in the office of the Forester. They will
certify their subordinates' pay vouchers when the number of days for which payment is claimed is correct. When the
number of days' service claimed is no

1905

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Regreening of Cache Valley

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