CHAPTER IV. The Sale and Rental of National Forest Resources

THE SALE AND RENTAL OF NATIONAL FOREST RESOURCES

The timber, the pasture, the water and mineral resources and the land in the National Forests are for the use of the people, and they may be obtained for legitimate use from the local Forest officers without delay. In fact, the Forest Service is doing all it can to encourage all kinds of business which depends upon National Forest resources.

THE SALE AND DISPOSAL OF NATIONAL FOREST TIMBER

There has been a steady increase in the amount and value of the timber cut on the National Forests. During the fiscal year 1917 over 700,000,000 feet of timber, valued at almost $1,500,000, was cut, while almost three times as much was sold. Most of this was cut in the States of Montana, Oregon, Idaho, Washington, California and Arizona.

All mature timber on the National Forests which may be cut with benefit and in accordance with certain well-established forestry principles, is for sale and is advertised and offered as demand arises. The outstanding feature of government timber sales is the fact that only the stumpage is sold, the title of the land remaining with the Government. The timber is sold in any quantity, so long as the sale is in accordance with well-established policy. Large sales require a large initial investment for constructing a railroad or other means for taking out the timber, and may even require the construction of a common carrier from the market to comparatively inaccessible regions.

Government Timber Sale Policy. The National Forest timber sale policy, first of all, aims to prevent the loss of this valuable public property through forest fires. This phase of the policy, however, is covered under the chapter on protection. Next, it aims to utilize the ripe timber which can be marketed and to cut it in such a way as to insure the restocking of the land with young timber and the continuance of forest production. The price at which timber is sold represents, as required by statute, the appraised market value and a proper return to the public which owns it. It is disposed of in such a way as to prevent its speculative acquisition and holding, and to prevent monopoly.

National Forest timber has found its way into both the general, far distant market, and the local market. But it is the aim of the Forest Service to first of all provide for the requirements of local communities and industries, including the free use and sale at cost to settlers as authorized by statute. It is also the aim of the Forest Service policy to make timberlands of agricultural value available for settlement under conditions which prevent speculative acquisition but encourage permanent and genuine farming. According to this policy, land which at the present time is covered with a good stand of timber and which has been shown to have a greater value for agricultural purposes is cleared as soon as a bona fide sale can be consummated. And, lastly, it is the aim of this policy to return as soon as possible the cost of protection and administration of the National Forests, and to yield a revenue to the States, since these are entitled by statute to 25 per cent. of all gross receipts as an offset to the loss of local taxes through the government ownership of the forests.

Annual Yield and Cut. Each year the amount of timber which can be cut from each National Forest, according to sound forestry principles, is authorized by the Secretary of Agriculture. This cut is based upon the best available data as to the amount of mature and over-mature timber needing removal, and the amount of annual growth on each Forest. At the present time only a small percentage of the authorized annual cut of the Forests is taken. Most Forests cut a very small part of their annual allotment, but a few Forests cut their full annual yield, or nearly so. On some Forests, the entire annual yield is used by local industries and no timber can be sent to the general market; on others a very small part of the annual yield is used by local needs and most of the cut can be sent to the general market. On the Cascade National Forest, in Oregon, for instance, the annual production is estimated at about 200,000,000 feet, while the present local needs can be supplied by approximately 1,000,000 feet. From such a Forest a large annual cut can be made for the general market. On the Deerlodge National Forest, in Montana, on the other hand, the annual yield is estimated to be about 40,000,000 feet, all of which is needed to supply the large copper mines near Butte. From Forests like this, no sales for the general market can be made.

Although the National Forests contain about six hundred billions of board feet of timber, or about one-fifth of the standing timber in the United States, only a small fraction of the available timber is actually disposed of. This is due to the comparative inaccessibility of this timber and the presence of large bodies of privately owned timber which lie between it and the market. The result of this condition is that the bulk of the salable timber on the Forests will be automatically saved until such a time when most of the privately owned timber has been cut. In this way, future generations will benefit and the public will receive a much better price for it years hence than they could possibly obtain now.

Timber Reconnoissance. Before any timber can be sold to advantage, however, it is necessary to take an inventory of the timber resources. In other words, it is necessary to know where the timber is, how much there is, and what can be done with it. This timber estimate, or timber reconnoissance, as it is called, is also needed to settle questions of title arising from the presence of patented lands or valid claims; to determine if cutting is advisable on a given area, and, if so, under what stipulations; and to fix the minimum price at which stumpage is to be sold. The annual yield, or the amount of timber grown or produced annually upon an area, must be the ultimate basis of the annual cut, and this yield can only be computed after an inventory of the timber has been made.

Timber reconnoissance (valuation survey or valuation strips) involves an estimate of the standing timber by small legal or natural subdivisions of land, with the necessary land surveys, the preparation of an accurate topographic and forest type map, and the compilation of detailed descriptive notes. These notes deal with the condition and character of the timber, the most practical methods of exploitation, the extent and character of the young growth, and many other factors which affect the management of timber lands. These data are secured at a cost of from 3 to 10 cents per acre, depending upon the accessibility and the topography of the region and the density of the timber. This work is carried on both in the summer and in the winter. Up to date, about 21,000,000 acres have been covered by intensive reconnoissance and about 48,000,000 acres by extensive methods.

Logging the Timber. In order that my reader may better understand various matters connected with the disposal of National Forest timber, it will be necessary to give a brief outline of how timber and other forest products are taken from the woods, and the different steps necessary before a green tree in the woods becomes a board or a railroad tie.

The methods of logging used in the National Forests are essentially the same as those used on private lands, with the exception of certain details, such as the protection of young growth, the cutting of snags, and the disposal of the brush. The methods used, of course, vary with the locality; they are different for the Pacific Coast, where donkey engines are used, than for the Rocky Mountains, where horses are largely employed. They vary with the climate, the topography, the size of the timber, and the kind of product to be harvested. But a typical logging operation, as carried on in the Sierras of California, will give an idea of how logs are taken from the forest.

In the particular operation which I have in mind the timber was located on the western slope of the mountains between 3,500 and 5,000 feet in elevation. The slopes were of medium steepness and much of the timber was on level benches. The large sawmill was located at the lower edge of the timber and the logging camp was in the woods near the cutting. The felling of the trees, which were from 3 to 6 feet in diameter, was done by two men with a two-man saw. These men are the "fallers." Two men then cut the tree into logs and still other men called "swampers" cut the brush and fallen trees away so that the newly cut timber can be "skidded" to the railroad. This "skidding" is done by a powerful, steam-driven stationary donkey-engine, which is fitted up with a long cable and a drum. After the log is attached to the cable out in the woods by means of a "choker," the man in the woods gives the signal and the engine starts, revolving the drum and winding up the cable at the same time pulling the log towards the engine. Just beside this engine is a platform from which the logs are loaded directly on flat cars. When six or eight flat cars are loaded in this manner a locomotive hauls them to the sawmill where they are sawed into boards. In this case as soon as the boards were cut they were placed in a flume in which there was a strong stream of water. In this they floated about 40 miles to a town in the valley below directly into the company's lumber yard.

In the Rocky Mountains one of the main forest products derived from the National Forests is railroad ties. On the particular operation with which the writer is familiar the Government had sold to a tie operator about 3,000,000 railroad ties under a long term contract. This tie operator had a large contract with a railroad company. The area of the sale, several thousand acres, was divided or surveyed into long strips each 100 to 150 feet wide and from one to one and a half miles long. A large camp and commissary was established on the area. There were about 100 tie choppers and each man was assigned to a strip. On these strips the trees to be cut were marked by a Forest officer. Trees too small to make ties were left as a basis for a future tie operation in from forty to fifty years.

The tie choppers usually worked alone. They first felled the tree with a saw, cut the lower limbs off, and marked off the ties on the bark to see how many ties could be cut from the tree. The tree was then "scored" with an ax on both sides in order to start making the two flat faces of the tie. These sides were then chipped with a "broad ax," thus making two smooth faces. The bark was then peeled from the other two faces and the tree was then cut into finished ties. After the ties were made the top of the tree was lopped, that is, the branches were cut from the trunk. In this operation these branches were scattered evenly over the ground. The tie chopper then cleared a road through the middle of his strip and "parked" his ties on the road. He then stamped his private mark on each tie. In the winter the ties were "hauled" on large sleds to the river bank. Each tie chopper's ties were put in a separate pile so that the company's scaler could count them and credit them to the man that made them. In the spring, when the river's banks were full, the ties were "driven" down the river to the shipping point, usually a town on a railroad line.

A Forest officer is detailed to an operation of this kind to inspect the choppers' work and count and stamp the ties. He sees to it that all trees that have been marked for cutting are cut, that no trees not marked have been cut, that young growth is not unnecessarily injured, that the stumps are not left too high, that the tops are fully utilized, that the slashing or brush is disposed of according to the contract, and that the operator is keeping all his agreements in the contract.

The First Step in Purchasing Government Timber. After the desired body of timber has been located, the first step for any one desiring to purchase government timber is to communicate with an officer of the National Forest in which the timber is located. If only a small amount is desired--less than $50 in value--the local Ranger can arrange to make the sale without delay. Amounts valued at more than this can be sold only by the higher officials of the Service, that is the Supervisor, District Forester, or the Forester, according to the size of the sale. The Supervisor can sell up to two million feet; larger sales are made by the District Forester or the Forester. All sales exceeding $100 in amount must be advertised, except those made to homestead settlers and farmers in a private sale. Sales are advertised in order to secure the largest number of bidders possible and thus prevent the monopoly of large bodies of timber by large timber operators.

Procedure in an Advertised Sale. After the applicant has selected the body of timber he wishes to purchase, he is furnished by the Supervisor with a sample application stating the area, estimated amount, minimum stumpage price, period allowed for cutting and removing the timber, and other conditions to be complied with, following as closely as possible the form of the final sale agreement. Usually, also, the purchaser is interested in the amount of timber which he may cut per acre. For this reason he visits sample areas on which the trees have been marked for cutting. A notice of the sale of the timber is then published, the choice of mediums and number of insertions depending upon whether the sale is of local, regional, or general interest. This notice describes the timber, gives the minimum stumpage prices that will be accepted, and specifies the date upon which sealed bids will be received. The period of advertising is at least 30 days, and in large sales from 3 to 6 months. Forms for bidding are furnished to the original applicant and others who signify their intention to bid. A deposit is required with all bids to show the good faith of the bidder. In large transactions this deposit is usually from 3 to 5 per cent. of the purchase price. On the date specified in the advertisement the Supervisor (or District Forester) opens all bids received and awards the sale to the highest bidder. The sale contract is then prepared and executed by the purchaser.

A specific statement of financial ability is required in all sales of ten million feet or more, and in smaller sales in the discretion of the approving officer. Such a statement may be required before the approval of the sale application, either formal or tentative, and in any event before the timber is awarded to the successful bidder. The contract must be supported by a suitable bond given by two responsible sureties or by a surety company authorized to do business with the United States.

Timber Sale Contract Clauses. The sale contract contains in full all the conditions under which the cutting is to be done. In all sales of National Forest stumpage the contract provides that no timber shall be cut until it has been paid for, and that it shall not be removed until it has been scaled by a Forest officer. All live timber is marked or otherwise designated before cutting, and any merchantable timber used for logging improvements, such as houses, bridges, stables, etc., must be scaled and paid for. In order to secure full utilization of the timber the maximum stump height is ordinarily fixed at 18 inches, and merchantable timber must be used to a specified diameter in the tops, which is adjusted for each species in accordance with local manufacturing and market conditions. The officer in charge of the sale is authorized to vary the stump height and top diameter in individual cases when those specified in the contract are not practicable. The tops must be trimmed up and, as a rule, brush must be piled and burned, or burned without piling under the direction of Forest officers. Merchantable timber which is not cut and removed and unmarked trees which are cut must be paid for at double the specified stumpage rates. This extra charge serves as a penalty.

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

Since fire protection is one of the most important duties of the Forest Service, provision is made in all contracts that the purchaser must place himself and employees, as well as the employees of his contractors, at the disposal of authorized Forest officers for fighting fires. Reimbursement is made for such services at the wages in vogue for fighting fires on the National Forest in question, unless the fire threatens the timber of the purchaser or property of the operator, or is started in connection with the operation. Under these conditions the purchaser is expected to furnish his available employees to assist the Government in fire fighting without charge. Efficient spark arresters are required on wood and coal burning boilers or locomotives. Inflammable material must be cleaned up in the vicinity of logging engines, and other precautions taken to insure against fire spreading from this source. Snags and diseased trees upon the sale area must usually be felled, whether merchantable or not, in order to remove fire menace and to check the spread of timber infestations and pests.

Special Contract Clauses. Special clauses are inserted in contracts to meet peculiar and unusual conditions. These deal with the number of men the company is to furnish for brush burning; the time of the year this work is to be done; the construction of fire lines; the manner of scaling timber; the manner of piling and the location of piles of material to be scaled; the definition of a merchantable log; the utilization of tops; the manner or method of logging to be used; the location of improvements; the use of timber for the construction of improvements; the disposal of improvements at the termination of the contract; where cutting is to begin and how fast it is to proceed; the percentage of merchantable timber to be reserved in marking; and other special clauses recommended by the Bureau of Entomology for the sale of insect infested timber.

That the Forest Service timber sale policy and the various timber sale clauses have met with the approval of the lumbermen and the timber buyers of the Western States is attested by the fact that in the last ten years (from July 1, 1907, to June 30, 1917) there have been nearly 75,000 purchasers of National Forest timber and that between these two dates the annual number of timber sales has increased from 5,062 in the fiscal year 1908 to 11,608 in the fiscal year 1917. No better evidence could be cited of the confidence which the lumbermen have in the Forest Service method of doing business.

When the Operation May Begin. As soon as the contract has been executed and the first payment has been made a portion of the timber is marked for cutting and the purchaser may begin operations at once. Sometimes cutting in advance of the execution of the contract is allowed to prevent serious hardship and unnecessary delay and expense on the part of the purchaser.

Marking the Timber for Cutting. In order to insure a proper restocking of the ground, all live trees must be marked or otherwise designated by a Forest officer before cutting can commence. Usually from 1/10 to 1/3 of the stand is reserved, either scattered over the entire tract or distributed in groups. These trees are left for various reasons, depending upon circumstances. The most important consideration is, of course, to leave enough seed trees to restock the cut-over area. On steep slopes a certain number of trees must be left to protect the watershed and to prevent the erosion of the soil. Many species of trees are subject to windthrow when the stand is thinned out. To counteract this tendency a sufficient number of trees must be left to prevent the wind from getting an unobstructed sweep. In many semi-arid portions of the West additional trees must be left standing to protect the forest from excessive drying and to prevent the ground from being occupied by useless tree weeds and brush. Often, especially along highways, trees are left for their scenic effect. From an economic standpoint it is important sometimes to leave trees in order to make a second cut worth while.

Where only dead timber is purchased, and no living trees are cut, or where patches of forest are to be cut clean, Forest officers, instead of marking every tree to be removed, blaze and mark a boundary of the cutting area or patch and instruct the purchaser accordingly. Where individual trees are marked they are blazed and stamped "U. S." next to the ground on the lowest side of the stump. Additional blazes may be made several feet above the ground whenever desired by the purchaser for the convenience of his "fallers" or where deep snow may conceal the lower mark from the "fallers." Where both kinds of blazes are used, one man, in fairly dense pine timber, can mark from 500 to 1,000 trees in a day. Under no condition may unmarked or undesignated trees be cut by the purchaser.

The system of marking and the proportion of the timber to be cut is explained to purchasers by marking sample areas before the contract is executed. The cost of logging under the methods of marking adopted is compensated fully in the stumpage appraisal.

Scaling, Measuring, and Stamping. Unless timber is sold by estimate, it must be scaled, counted, or measured before it is removed from the cutting area or place agreed upon for this purpose. In addition it must be stamped by a Forest officer with a regulation marking ax or similar instrument. Payment is made upon the actual scale, count or measure, with due allowance for defect.

All National Forest timber is sold under specifications which are in accordance with those in commercial use, such as logs by the thousand board feet, ties by the piece, poles by length and top diameter, shingle bolts by the cord, and mining timbers by the linear foot. All logs are scaled at the small end.

All saw timber is scaled by the Scribner Decimal C log rule. In order to permit scaling at reasonable cost to the Forest Service, purchasers may be required, where the cost of logging may not be unduly increased, to skid and pile the logs for scaling. Piles and skidways must be constructed so as to permit economical scaling and when necessary and practicable the purchaser is required to mark the small ends of the logs to avoid misunderstanding when they are scaled on the pile.

Logs or other material that has been scaled or measured are designated by a "US" stamp impressed in the wood so that the material may not be scaled again by mistake. Each merchantable log scaled is stamped on at least one end and unmerchantable or defective logs are stamped "US" in a circle. Material other than saw logs, such as mine timber, ties, posts, poles, or piling, after scaling, is stamped on at least one end. Cord wood is stamped at both the top and bottom of each rick.

On all National Forests except those in Alaska and west of the summit of the Cascades in Washington and Oregon, logs over 16 feet are scaled as two or more logs as far as practicable in lengths of not less than 12 feet. In Alaska and parts of Oregon and Washington logs up to and including 32 feet in length are scaled as one log; logs from 32 to 64 feet inclusive are scaled as two logs as nearly equal in length as possible in even feet. All diameters are measured inside the bark at the top end of the log and diameters are rounded off to the nearest inch above or below the actual diameter.

In the case of logs each one is numbered and the number entered in a scale book with the corresponding board foot scale of the log. In the case of ties, posts, poles, mining timbers, etc., each pile or skidway is numbered and the count or scale entered opposite the corresponding number in the scale book.

Disposal of Slash. One of the most important features in National Forest timber sales is the disposal of the brush or slash after logging. On account of the great diversity of conditions which obtain on the Forests, the best way to dispose of brush is not everywhere the same. Piling and burning is required where the fire risk is great; otherwise the method promising the best silvicultural results is used.

When piling and burning is necessary, all tops and débris, including large chips made from hewing ties, are piled at a safe distance from standing trees. The piles are not allowed to be made in groups of seedlings or young growth, against dead snags, near living trees, or on stumps, large tops or logs, but wherever possible in openings. The piles are adapted to the size of the opening in which they are made and must be made sufficiently compact to kindle easily and burn cleanly. The ideal pile is of medium size, conical in shape, compact, from 5 to 7 feet in diameter at the base and from 4 to 5 feet high. Brush piling and burning is an art which can only be acquired after long experience.

Brush is scattered whenever this method promises the best silvicultural results, unless there is serious danger from fire on account of dense timber and reproduction. The scattered brush is intended to afford protection to seedlings from excessive transpiration and from trampling by stock and to protect the soil from erosion.

Ground burning may be advisable where clean cutting has been employed, to expose the loose mineral soil for better seed germination. When this method is used the purchaser is required to clear a fire line around the area to be burned and to furnish adequate help to the Forest officer who supervises the burning.

Frequently brush is burned as the cutting progresses. Fires are started at convenient points and the brush is thrown on them as it is lopped.

Where brush burning is necessary it is not advisable, ordinarily, to burn over an entire sale area. It is frequently possible to burn the brush so as to form broad fire lines, particularly along railroads or wagon roads. The best times for brush burning are after a light fall of snow or rain, early in the spring before the snow has melted or the dry season has begun or during or immediately after summer rains. Brush disposal must always keep pace with logging except when the depth of snow or other reasons make proper disposal impossible. Often the brush must lay in piles at least one season before it becomes dry enough to burn.

Payment for Timber. Payment must be made for all timber in advance of cutting. This, however, does not imply that one advance payment must be made to cover the stumpage value of all the timber included in the sale. Frequent installments are allowed sufficient usually to cover the cut of one or two months.

This arrangement makes it possible to secure large tracts of National Forest timber at a very slight initial outlay and to hold them with almost no interest charges. The other usual carrying charges, namely, taxes and fire protection, are eliminated. The timber is protected from fire by the United States throughout the life of the contract. The money deposited to secure cutting in advance of the execution of the contract may be credited towards the amount to accompany the bid.

Stumpage Rates. The minimum stumpage rates applicable in each proposed sale are determined by a careful study of the conditions in the particular case. Stumpage rates are the actual market value of the timber. They are based upon the quality of the timber and the character of its commercial products; the estimated cost of logging, transportation, and manufacture; the investment required on the part of the operator; the selling value of the product; and a fair profit to the purchaser. The estimated profit depends upon the size and the permanency of the operation and the degree of risk involved. The cost of brush disposal, protection of young growth, logging only marked timber and other requirements of the Forest Service is fully considered in appraising stumpage rates.

Timber is ordinarily appraised at the rates indicated for the most valuable products to which it is suited and for which an established market exists. Merchantable dead timber is appraised at the same rate as green timber of the same species unless it is clearly shown that the products manufactured from it command a lower market price or that logging costs are higher.

Cutting Period. Ordinarily the cutting period allowed in each sale is only sufficient to permit the removal of the timber at a reasonable rate, approximately equivalent to the working capacity of the plant. Sales of accessible timber usually do not exceed 5 years in length. However, in the case of inaccessible tracts requiring a large investment for transportation facilities an exception is made and periods of from 15 to 20 years may be granted.

Readjustment of Stumpage Rates. In all sales exceeding 5 years in length provision is made to have the stumpage rates readjusted by the Forester at the end of three or five year intervals to meet changing market and manufacturing conditions.

Refunds. Deposits to cover or secure advance cutting or to accompany bids apply on the first payment if a sale is awarded to the depositor; otherwise they will be refunded. Refunds are also made to the purchaser if the last payment is in excess of the value of the timber that is cut.

THE DISPOSAL OF TIMBER TO HOMESTEAD SETTLERS AND UNDER FREE USE

Besides selling the timber and other forest products outright, as has just been described, some timber is sold to settlers at cost and much timber is given away to the local people under the free use policy.

Sales to Homestead Settlers and Farmers. Sales to homestead settlers and farmers are made without advertisement in any amount desired, at the price fixed annually for each National Forest region of similar conditions by the Secretary, as equivalent to the actual cost of making and administering such sales. Only material to be used by the purchaser for domestic purposes exclusively on homesteads or farms is sold in this way. Such uses include the construction or repair of farm buildings, fences, and other improvements and fuel. Such sales are restricted to mature dead and down timber which may be cut without injury to the forest.

Free Use. Free use of timber is granted primarily to aid in the protection and silvicultural improvement of the Forests. Hence the material taken is, except in unusual cases, restricted to dead, insect infested and diseased timber, and thinnings. Green material may be taken in exceptional cases where its refusal would clearly cause unwarranted hardship. The use of such material is granted freely: (1) To bona fide settlers, miners, residents, prospectors, for fire wood, fencing, building, mining, prospecting, and other domestic purposes; and to any one in case its removal is necessary for the welfare of the Forest; (2) for the construction of telephone lines when necessary for the protection of forests from fire; (3) to certain branches of the Federal Government. Free use is not granted for commercial purposes or of use in any business, including sawmills, hotels, stores, companies or corporations. Such persons are required to purchase their timber.

The aggregate amount of free use material granted annually to any user must not exceed $20 in value, except in cases of unusual need or of dead or insect infested timber, the removal of which would be a benefit to the forest, or in the case of any timber which should be removed and whose sale under contract cannot be effected. In these cases the amount may be extended to $100. Supervisors have authority to grant free use permits up to $100, District Foresters up to $500, and larger amounts must have the approval of the Forester.

Free use material is appraised in the same manner and in accordance with the same principles as timber purchased under sale agreements. The valuation of such material is at the same rate as that prevailing for similar grades of stumpage in current sales in the same locality.

The magnitude of the free use business may be appreciated from the fact that during the fiscal year 1917 there were 41,427 individuals or companies who received timber under this policy. The total amount thus given away was 113,073,000 board feet valued at over $150,000.

Permits for this use are required for green material, but dead timber may be taken without a permit. Supervisors designate as free-use areas certain portions or all of any National Forest and settlers, miners, residents, and prospectors may cut and remove from such areas free of charge under Forest Service regulations any timber needed for their own use for firewood, fencing, buildings, mining, prospecting, or other domestic purposes.

Material cut under free-use regulations must not be removed from the cutting area until scaled or measured by a Forest officer. In some cases this requirement is waived when by it the needs of the users are met with greater dispatch and the cost of administration is thereby reduced. The free-use applicant is required to utilize the trees cut in accordance with local Forest Service practice and he is required to avoid unnecessary damage to young growth and standing timber.

TIMBER SETTLEMENT AND ADMINISTRATIVE USE

When timber on National Forest land is cut, damaged, killed, or destroyed in connection with the enjoyment of a right-of-way or other special use, it is not necessary to advertise it for sale, but payment therefor is required at not less than the minimum rate established by the Secretary of Agriculture. Timber removed in this way is usually scaled, measured, or counted and the procedure is identical with that of a timber sale. But where timber is destroyed or where it is not worked up in measurable form or where the cutting is done in such a way that scaling is impracticable, settlement is required on the basis of an estimate.

In 1912 a new branch of the Southern Pacific Railroad was built across a portion of the Lassen National Forest in California. The company was going to use some of the timber, but most of it was to be destroyed or disposed of in the easiest manner. Scaling was impossible, so the company paid for the timber--about $10,000--on the basis of a careful estimate made by the writer, then Forest Examiner.

The charge for all such timber is made on the basis of the current stumpage rates for timber of like quality and accessibility included in sales for all classes of material which have to be cut or destroyed and which are commonly salable on the Forest.

Timber is often used by the Forest Service itself in the administration of the National Forests. The Forester, District Foresters, and the Supervisors are authorized to sell or dispose of under free use or otherwise, within the amount each one is authorized to sell, any timber upon the National Forests when such removal is actually necessary to protect the Forest from ravages or destruction, or when the use or removal of the timber is necessary in the construction of roads, trails, cabins, and other improvements on the National Forests or in experiments conducted by the Forest Service.

THE RENTAL OF NATIONAL FOREST RANGE LANDS

The forage crop on the National Forests is for the use of the sheep and cattle of the western stockmen and it is procured by means of grazing permits which are issued and charged for upon a per capita basis. The primary objects of the administration of government grazing lands are: the protection and conservative use of all National Forest land adapted to grazing; the permanent good of the live stock industry through the proper care and use of grazing lands; and the protection of the settler and home builder against unfair competition in the use of the range.

Importance of the Live Stock Industry. The grazing business, more than any other feature of National Forest management, is immensely practical, because it is immediately concerned with human interests. This industry furnishes not only meat, but leather, wool, and many by-products.

That the National Forests play a big part in the maintenance of this industry there can be little doubt, for it has been estimated recently that 30 per cent. of the sheep and 20 per cent. of the cattle of the far Western States are grazed in the National Forests. The Forests contain by far the largest part of the summer range lands in the far Western States and hence are of paramount importance. The winter grazing lands in the West are so much greater in area than the summer lands, that for this reason also National Forest range lands are in great demand.

Permits Issued in 1917. During the fiscal year 1917 more than 31,000 permits to graze cattle, hogs, or horses, and over 5,500 permits to graze sheep or goats were issued. These permits provided for 2,054,384 cattle, 7,586,034 sheep, about 100,000 horses, about 50,000 goats, and about 3,000 hogs. The total receipts for 1917 were over $1,500,000. The gross receipts to the owners of the stock probably exceeded $50,000,000 and the capital invested in the stock no doubt amounted to over $200,000,000.

An idea of the growth of the grazing business may be gotten from the Forest Service statistics for the fiscal years 1908 and 1917. The increase in the number of permits and the volume of the business is due primarily to a better administration and better regulation of grazing interests and more specifically to the increase in the carrying capacity of government lands by wise and restricted use. Between these two fiscal years there was no appreciable increase in the total area of the Forests which would account for the increased business. In 1908 there were issued 19,845 permits for 1,382,221 cattle, horses and hogs; in 1917 there were issued 31,136 permits for 2,054,384 animals. In 1908 there were issued 4,282 permits for 7,087,111 sheep and goats; in 1917 5,502 permits were issued for 7,586,034 sheep and goats. The number of cattle and horses grazed has increased therefore by 50 per cent. and the number of sheep and goats by 7 per cent. The total receipts have increased from $962,829.40 in 1908 to $1,549,794.76 in 1917.

Kinds of Range, Grazing Seasons, and Methods of Handling Stock. For the proper understanding of the grazing business on the National Forests it is necessary to know something about the different kinds of range, the length of grazing seasons, and the methods of handling different classes of stock. Sheep and goat range differs materially from cattle and horse range and the proper distribution of stock over a National Forest cannot be effected unless this difference is recognized. Sheep and goat range usually consists of low shrubs or brush and is known collectively as "browse"; cattle and horses subsist mainly upon grass, flowering plants and herbs. Sheep feel more at home on high mountain slopes, while cattle and horses range usually on the lower slopes and in the valleys, and especially in the broad meadows, around lakes and along streams. Sheep are more apt to find feed in the forests, that is under the trees; cattle prefer the open; they usually avoid the forest, preferring to keep out on the open meadows and grassy slopes.

Naturally some ranges have feed at some seasons of the year and other ranges at other seasons. Some of the National Forests in California extend from an elevation of a few hundred feet in the foothills of the great valleys to an elevation of more than 10,000 feet at the crest of the Sierra Nevada Mountains. The lower foothills afford excellent feed soon after the beginning of the fall rains in November and, due to the very mild winter which this region enjoys, there is excellent feed in February and March. This is known as winter range. The medium high slopes of the mountains have a later growing season and the sheep and cattle reach there about June and stay until August or September. Still higher up the forage matures later and the grazing season extends from August until November. At these elevations the snowbanks usually lie until July and the growing season is very short, for the new snow usually buries the vegetation about the first of November. Thus stockmen have what they call "winter range," "summer range," and "fall range," depending upon what seasons of the year the forage crop can be utilized. The National Forests on the whole contain very little winter range, hence stockmen must move their stock in the fall to private lands at lower elevations either where the climate is considerably warmer or where there is very little snowfall. A large part of the western winter grazing lands are in regions of light snowfall, such as at the lower elevations in Utah, Nevada, Wyoming, and Colorado. Here the stock feeds on dry grass. Stockmen who cannot get winter range lands must feed their stock at ranches.

The characteristic habits of sheep and cattle require that they be handled differently on the range. Sheep are herded in bands while cattle are handled in scattered groups. The new and approved method of handling sheep called the "burro system" calls for a burro with the sheep to pack the herder's blankets and provisions. The herder camps where night overtakes him. The herder and his band keep moving over the allotted range from one camp to another until he has covered the whole range. After leaving his last camp he is ready to begin all over again, since the feed near the camp where he began has had two to three weeks' time to grow a new crop. Cattle usually run loose singly or in groups on their allotted range. Usually a range rider is camped on the range to keep the cattle from straying to other ranges. He salts the cattle to keep them on their own range, takes care of cattle that have gotten sick, and takes care of the stock in other ways.

Grazing Districts and Grazing Units. The Secretary of Agriculture not only has the authority to regulate grazing and prescribe the schedule of grazing fees to be charged but he also regulates the number and class of stock which are allowed to graze on each National Forest annually.

The ranges within the National Forests are used by the kind of stock for which they are best adapted except when this would not be consistent with the welfare of local residents or the proper protection of the Forests. For convenience in administration Forests are divided into grazing districts. A typical Forest is divided into from 4 to 6 districts which may be natural grazing units, natural administrative units (coinciding with the Ranger districts), or parts of the Forest used by different classes of stock or parts of the Forest having different lengths of grazing seasons. Each grazing district is also subdivided into smaller divisions, units, or allotments. These are usually natural divisions defined by topographic boundaries, such as ridges, mountains, streams, etc., or more or less artificial divisions determined by the class of stock which uses them. For example, cattle and horses ordinarily graze in the valleys along the streams, while sheep and goats graze the crests of ridges and the slopes of mountains and will cross none but shallow streams. Each range division or unit is usually given a well-known local name, such as "Duck Lake Unit" or "Clover Valley Unit." One or more stockmen may be allotted to such a unit, depending upon the size of the unit and the number of animals it can feed. If only one stockman uses it, it becomes an individual allotment. Usually a sheep owner with several large bands of sheep is allotted one large unit adapted to sheep grazing, while a large unit adapted to cattle and horses may be allotted to one large cattle owner or to two or more smaller owners. The manner in which sheep and goats are handled makes individual allotments both practicable and desirable.

The boundaries of range allotments are usually well defined. In the case of sheep they are marked with cloth posters. In most Forests range allotments are fairly well settled. Each stockman gets with his permit each spring a small map showing his own range and the surrounding ranges.

Who Are Entitled to Grazing Privileges. The Secretary of Agriculture has the authority to permit, regulate, or prohibit grazing on the National Forests. Under his direction the Forest Service allows the use of the forage crop as fully as the proper care and protection of the National Forests and the water supply permit. The grazing use of the National Forest lands is therefore only a personal and non-transferable privilege. This privilege is a temporary one, allowable under the law only when it does not interfere with the purposes for which the National Forests were created. It is non-transferable because it is based upon the possession of certain qualifications peculiar to the permittee. To understand these qualifications it is necessary to briefly look into the history of the grazing of live stock on the western grazing lands.

By long use of the public lands of the United States for grazing purposes, long before the National Forests were created, stock owners have been allowed to graze their stock upon such lands under certain conditions of occupancy, residence, and ownership of improved lands and water rights. This use, continuing through a long period of years, has, in the absence of congressional legislation, been commonly accepted in many communities, even receiving the recognition of certain of the courts. It was allowed under "unwritten law," as it were, only by the passive consent of the United States, but by force of the presidential proclamation creating National Forests, such passive consent ceased, being superseded by definite regulations by the Secretary of Agriculture prescribed under the authority of Congress. Therefore grazing stock on the Forests, as it was done before the Forests were created, is trespass against the United States. Due to the fact that local stockmen have used certain public ranges year after year by the passive consent of the United States, these stockmen are recognized in these localities as having preference rights or equities in the use of range lands. These equities form the basis upon which grazing privileges are allowed.

Grazing permits are issued only to persons entitled to share in the use of the range within the National Forests by reason of their fulfilling certain conditions or requirements. Prior use and occupancy of National Forest lands for grazing purposes is the first and foremost requirement. Local residence and ownership of improved ranch property within or near the Forest and dependence upon government range are also conditions that may entitle a stockman to grazing privileges. The Forest Service also recognizes those stockmen who have acquired by purchase or inheritance stock grazed upon National Forest lands under permit and improved ranch property used in connection with the stock, provided circumstances warrant the renewal of the permit issued to the former owner. The regular use of a range during its open season for several successive years before the creation of the National Forest and under grazing permit thereafter is what is meant by "prior use" or "regular occupancy." The longer the period or use the greater the preference right. No one can acquire this right to the use of National Forest range, nor can it be bought or sold, but stockmen may acquire a preference in the allotment of grazing privileges. This preference right does not entitle him to continued use of a certain part of a Forest, but only to preference over other applicants less entitled to consideration in the use of the ranges open to the class of stock which he wishes to graze. Certain stockmen may be given preference in ranges secured by prior use and occupancy supplemented by heavy investments in improved property and water rights.

Citizens of the United States are given preference in the use of the National Forests, but persons who are not citizens may be allowed grazing permits provided they are bona fide residents and owners of improved ranch property either within or adjacent to a National Forest. Regular occupants of the range who own and reside upon improved ranch property in or near National Forests are given first consideration, but will be limited to a number which will not exclude regular occupants who reside or whose stock are wintered at a greater distance from the National Forests. With this provision applicants for grazing permits are given preference in the following order:

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

Class B. Regular users of National Forests range who do not own improved ranch property within or near a National Forest, and persons owning such ranch property but who own numbers of stock in excess of the established limit.

Class C. Persons who are not regular users of the National Forest range and who do not own improved ranch property within or near a National Forest. Such persons are not granted permits upon Forests which are fully occupied by classes A and B. Classes B and C are not allowed to increase the number of stock grazed under permit except by the purchase of other permitted stock.

From this classification it is very evident that the small local stockmen who own approximately from 30 to 300 head of cattle and from 500 to 2,000 head of sheep and who own and reside upon the ranches near the Forests are given the preference in the allotment of grazing privileges.

Grazing Permits. Various kinds of grazing permits are required each year on the National Forests. These are known as ordinary grazing permits, on-and-off permits, private land permits, and crossing permits.

All persons must secure permits before grazing any stock on a National Forest except for the few head in actual use by prospectors, campers, ranchers, stockmen, and travelers who use saddle, pack and work animals, and milch cows in connection with permitted operations on the National Forests. Under these conditions 10 head are allowed to graze without permit.

Persons owning stock which regularly graze on ranges partially included within a National Forest, or upon range which includes private land may be granted permits for such portions of their stock as the circumstances appear to justify. This regulation provides for cases where only a part of a natural range unit is National Forest land, and where the economical use of the entire unit can be secured only by the utilization of the Forest land in connection with the other land. The regulation contemplates a movement of the stock governed by natural conditions, between the Forest range and the adjoining outside range, or between Forest land and intermingled private land. This is called an on-and-off permit.

Permits on account of private lands are issued to persons who own, or who have leased from the owners, unfenced lands within any National Forest which are so situated and of such a character that they may be used by other permitted stock to an extent rendering the exchange advantageous to the Government. The permits allow the permittees to graze upon National Forest land, free of charge, the number of stock which the private lands will support, by waiving the right to the exclusive use of the private land and allowing it to remain open to other stock grazed on National Forest land under permit.

The regular grazing permit carries with it the privilege of driving the permitted stock over National Forest lands to and from the allotted ranges at the beginning and end of the grazing season and from the range to the most accessible shearing, dipping, and shipping points during the term of the permit. But crossing permits are necessary for crossing stock over National Forest lands to points beyond the National Forest, for crossing stock to private lands within a National Forest, or for crossing stock to reach dipping vats or railroad shipping points. Rangers sometimes are detailed to accompany the stock and see that there is no delay or trespassing. No charge is made for crossing permits, but it is absolutely necessary that persons crossing stock comply with the regulations governing the National Forests and with the quarantine regulations prescribed by the Secretary of Agriculture and the state authorities.

Grazing Fees. The full grazing fee is charged on all animals under 6 months of age which are not the natural increase of stock upon which the fees are paid. Animals under 6 months which are the natural increase of permitted stock are not charged for. A reasonable fee is charged for grazing all kinds of live stock on National Forests. The rates are based upon the yearlong rate for cattle, which is from 60 cents to $1.50 per head, depending upon conditions on the Forest. The yearlong rates for horses are 25 per cent. more and the yearlong rate for swine 25 per cent. less than the rate for cattle. The rate for sheep is 25 per cent. of the yearlong rate for cattle. The rates for all kinds of stock for periods shorter than yearlong are computed in proportion to the length of the season during which the stock use National Forest lands. All grazing fees are payable in advance.

When notice of the grazing allowance, periods, and rates for the year has been received by the Supervisor he gives public notice of a date on or before which all applications for grazing must be presented to him. These public notices are posted in conspicuous places, usually in the post offices. Applications for grazing permits are submitted on blank forms furnished by the Supervisor. As soon as an applicant for a grazing permit is notified by the Supervisor that his application has been approved, he must remit the amount due for grazing fees to the District Fiscal Agent and upon receipt of notice by the Supervisor that payment has been made a permit is issued allowing the stock to enter the Forest and remain during the period specified. All grazing fees are payable in advance and the stock is not allowed to enter the National Forest unless payment has been made.

Stock Associations. The thirty or more grazing regulations effective on the National Forests are for the primary purpose of making the National Forest range lands as useful as possible to the people consistent with their protection and perpetuation. It is clearly impossible to meet the wishes and needs of each individual user, but it is often entirely possible to meet the wishes of the majority of users if made known through an organization. The organization of stock associations is encouraged by the Forest Service and the opinions and wishes of their advisory boards are recognized when they represent general rather than individual or personal interests. It is often possible through these organizations to construct range improvements such as corrals, drift fences, roads, trails, and sources of water supply for the common good of the members of the organization and paid for by them.

Protective and Maximum Limits. In order to secure an equitable distribution of grazing privileges, the District Forester establishes protective limits covering the number of stock for which the permits of Class A owners will be exempt from reduction in the renewal of their permits. Permits for numbers in excess of the protective limits will be subject to necessary reductions and will not be subject to increase in number except through purchase of stock or ranches of other permittees.

Protective limits are established to protect permittees from reduction in the number of stock which they are allowed to graze under permit below a point where the business becomes too small to be handled at a profit or to contribute its proper share toward the maintenance of a home. The average number of stock which a settler must graze in order to utilize the products of his farm and derive a reasonable profit is determined upon each Forest or, if necessary, upon each grazing district thereof, and serves as the basis for the protective limit. Protective limits have been established for various Forests running from 25 to 300 head of cattle and from 500 to 2,000 head of sheep and goats.

Increases above the protective limit are allowed only to purchasers of stock and ranches of permit holders and any such increase must not exceed the maximum limit. Class A permittees owning a less number of stock than the protective limit are allowed to increase their number gradually. Whenever it is found necessary to reduce the number of stock allowed in any National Forest, Class C stock is excluded before the other classes are reduced. The reduction on a sliding scale is then applied to Class B owners. Class A owners are exempt from reduction. When new stock owners are allowed the use of National Forest range upon a Forest already fully stocked, reductions in the number of permitted stock of Class B and C owners is made in order to make room for the new man. Thus it is seen that the matter of protective limits is actually a protection to the small stock owner; he is protected from the monopoly of the range by big corporations.

When necessary to prevent monopoly of the range by large stock owners, the District Forester establishes maximum limits in the number of stock for which a permit may be issued to any one person, firm or corporation.

Prohibition of Grazing. It often becomes necessary to prohibit all grazing on an area within a National Forest or at least to materially reduce the amount of stock which is allowed to graze on a given area. Sheep may be excluded from a timber-sale area for a certain number of years after cutting or until the reproduction has become well established. Where planting operations are being carried on it is usually necessary to exclude all classes of stock. If investigations show that grazing is responsible for the lack of reproduction over a considerable area, the area or a portion of it may be withdrawn from range use until young growth has become established again. The watersheds of streams supplying water for irrigation, municipal or domestic purposes may be closed to grazing of any or all kinds of domestic stock when necessary to prevent erosion and floods or diminution in water supply. Camping grounds required for the accommodation of the public may be closed to the grazing of permitted stock. Limited areas which are the natural breeding or feeding grounds of game animals or birds may be closed to grazing. Areas within National Forests infested seriously by poisonous plants may be closed to grazing.

Protection of Grazing Interests. The protection of National Forest grazing interests is secured by the prevention of overgrazing, by the prevention of damage to roads, trails, or water sources, by the proper bedding of sheep and goats, by the proper disposition of carcasses, by salting the stock and by the proper observation of the national and state live stock and quarantine laws.

When an owner, who has a permit, is ready to drive in his stock upon the National Forest he must notify the nearest Forest officer concerning the number to be driven in. If called upon to do so he must provide for having his stock counted before entering a National Forest. Each permittee must repair all damage to roads or trails caused by the presence of his stock. Sheep and goats are not allowed to be bedded more than three nights in succession in the same place (except during the lambing season) and must not be bedded within 300 yards of any running or living spring. The carcasses of all animals which die on the National Forests from contagious or infectious diseases must be burned and are not permitted to lie in the close vicinity of water. In order to facilitate the handling of stock and prevent their straying off their range, they must be salted at regular intervals and at regular places.

In order to facilitate the moving of stock by stockmen from their home ranches to their grazing allotments and to minimize the damage of grazing animals to the Forests, stock driveways are established over regular routes of travel.

SPECIAL USES

All uses of National Forest lands and resources permitted by the Secretary of Agriculture, except those specifically provided for in the regulations covering water power, timber sales, timber settlement, the free use of timber, and grazing, are designated "special uses." Among these are the use or occupancy of lands for residences, farms, apiaries, dairies, schools, churches, stores, mills, factories, hotels, sanitariums, summer resorts, telephone and telegraph lines, roads and railways; the occupancy of lands for dams, reservoirs and conduits not used for power purposes; and the use of stone, sand, and gravel. No charge is made for a large number of these permits, some of which are the following: (1) agricultural use by applicants having preference rights under the Act of June 11, 1906; (2) schools, churches, and cemeteries; (3) cabins for the use of miners, prospectors, trappers, and stockmen in connection with grazing permits; (4) saw mills sawing principally National Forest timber; (5) conduits, and reservoirs for irrigation or mining or for municipal water supply; (6) roads and trails (which must be free public highways); (7) telephone lines and telegraph lines with free use of poles and connections for the Forest Service.

The occupancy and use of National Forest land or resources under a special use permit (except those given free of charge) are conditioned upon the payment of a charge and are based upon certain rates. Agricultural use of land is given to permittees at a charge of from 25 cents to $1.00 an acre. Not over 160 acres are allowed to any one permittee. Cabins cost from $3.00 to $5.00; hay cutting from 20 to 50 cents an acre; hotels and roadhouses from $10.00 to $50.00; pastures from 4 to 25 cents per acre; residences covering from one to three acres cost from $5.00 to $25.00; resorts from $10.00 to $50.00; stores from $5.00 to $50.00 for two acres or less; and other uses in proportion.

Perhaps the use that is purchased most of all on the National Forests is that for residences and summer homes. On many of the Forests they are already in great demand. A large proportion of the population of the far Western States seek the cool and invigorating air of the mountains in the early summer because the heat of the valleys, especially in California, is almost unbearable.

There are many desirable pieces of land on the National Forests that are being reserved by the Forest Service especially for this purpose for the people of the neighboring towns. For example, on the Angeles National Forest in California the Supervisor had about 250 suitable sites surveyed in one picturesque canyon and in six months 226 of them were under special use permits as summer homes. A large reservoir--Huntington Lake--was constructed on the Sierra National Forest in California as the result of a dam constructed by a hydro-electric power company. Immediately there was a keen demand among the residents of San Joaquin Valley for summer homes on the shores of the lake. In a few years it is expected there will be a permanent summer colony of from 2,000 to 3,000 people. The Forest Service has already authorized an expenditure of $1,500 in order to furnish an adequate supply of domestic water for the colony.

CLAIMS AND SETTLEMENT

Claims can be initiated upon National Forest lands under (1) the Act of June 11, 1906, (2) under the mining laws, and (3) under the coal land laws. In connection with these claims it is the duty of the Forest Service to examine them, but the determination of questions involving title is within the jurisdiction of the Secretary of the Interior.

It is the purpose of the Forest Service to protect the lands of the United States within the National Forests from acquisition by those who do not seek them for purposes recognized by law. When it is apparent that an entry or a claim is not initiated in good faith and in compliance with the spirit of the law under which it was asserted, but is believed from the facts to be a subterfuge to acquire title to timber land, or to control range privileges, water, a water-power site, or rights of way; or if it otherwise interferes with the interests of the National Forests in any way, the Forest Service recommends a contest, even if the technical requirements of the law appear to have been fulfilled. It is bad faith, for instance, to hold a mining or agricultural claim primarily for the timber thereon or to acquire a site valuable for water power development.

The National Forest Homestead Act. At the present time there is very little, if any, fraud connected with the Forest Homestead Act because the land is classified before it is opened to entry. The greater part of the work dealing with fraudulent claims is a relic of the old régime. Before the Forests were established many Homestead and Timber and Stone entries were made for the purpose of securing valuable timber. A large number of persons resorted to settlement in order to secure the preference right. It was the common custom in those days for land cruisers to locate men on heavily timbered land either before or immediately after survey and before the filing of the plats and the opening of the land to entry. A cabin would be built upon the land and some unsubstantial improvements made. When the National Forests were created they contained great numbers of these squatters' cabins. Many were abandoned but others attempted to secure title. Under the old Timber and Stone Act timber could be secured for $2.50 per acre, but the National Forests are not subject to entry under this act. So as a last resort the squatters tried to prove up on the land under the Homestead law. When the Forests were created the Service found a great many of these fraudulent claims on their books, many of which were being brought up annually for patent. Between December, 1908, and June 30, 1913, a total of 498 entries for National Forest land were canceled in a single administrative district. These entries represented fraudulent efforts to secure title to 85,906 acres of National Forest land for speculative purposes, involving nearly a billion feet of merchantable timber. During the fiscal year 1913 alone 300,000,000 board feet of merchantable timber in one district was retained in public ownership primarily because the Forest officers brought out the facts. The lands in all cases were covered with heavy stands of timber, very small portions of the land had been cleared, the claimant's residence on the land was not in compliance with the law, seldom was any crop raised on the land, and the claimant in other ways did not carry out the intent of the law.

The Act of June 11, 1906, known as the National Forest Homestead Act, provides for the acquisition by qualified entrymen of agricultural lands within National Forests. The Act is in effect an extension of the general provisions of the Homestead laws to the agricultural lands within the National Forests, with the essential difference that the land must be classified by the Secretary of Agriculture as chiefly valuable for agriculture.

This Act authorizes the Secretary of Agriculture in his discretion to examine and ascertain, upon application or otherwise, the location and extent of lands both surveyed and unsurveyed in the National Forests, chiefly valuable for agriculture, which may be occupied for agricultural purposes without injury to the National Forests or public interests. He is authorized to list and describe such lands by metes and bounds or otherwise and to file such lists and descriptions with the Secretary of the Interior for opening to entry in accordance with the provisions of the Act. Agricultural lands listed by the Secretary of Agriculture are opened by the Secretary of the Interior to homestead entry in tracts not exceeding 160 acres at the expiration of 60 days from the filing of the lists in the local Land Office. Notice of the filing of the list is posted in the local Land Office and is published for a period of not less than four weeks in a local newspaper. The Act provides that the person upon whose application the land is examined and listed, if a qualified entryman, shall have the preference right of entry. To exercise this preference right, application to enter must be filed in the local Land Office within 60 days after the filing of the list in that office. The entryman can perfect his title to the land within a certain period of years by fulfilling certain conditions of residence and cultivation.

By the Act of June 6, 1912, known as the "Three Year Homestead Act," the period of residence necessary to be shown in order to entitle a person to patent under the Homestead laws is reduced from 5 to 3 years and the period within which a homestead entry may be completed is reduced from 7 to 5 years. The new law requires the claimant to cultivate not less than 1/16 of the area of his entry beginning with the second year of entry and not less than 1/8 beginning with the third year and until final proof, except that in the case of the enlarged Homestead laws, double the areas given are required. On a 160-acre claim, therefore, it is required that 1/8 or 20 acres be under cultivation. A mere breaking of the soil does not meet the requirements of the statute, but such breaking of the soil must be accompanied by planting and sowing of seed and tillage for a crop other than native grasses. The period within which the cultivation should be made is reckoned from the date of the entry. The Secretary of the Interior, however, is authorized upon a satisfactory showing therefor to reduce the required area of cultivation on account of financial disabilities or misfortunes of the entryman or on account of special physical and climatic conditions of the land which make cultivation difficult. The entryman must establish an actual residence upon the land entered, 6 months after the date of the entry. After the establishment of residence the entryman is permitted to be absent from the land for one continuous period of not more than 5 months in each year following. He must also file at the local Land Office notice of the beginning of such intended absence.

The Mining Laws. Mineral deposits within National Forests are open to development exactly as on unreserved public land. A prospector can go anywhere he chooses and stake a claim wherever he finds any evidences of valuable minerals. The only restriction is that mining claims must be bona fide ones and not taken up for the purpose of acquiring valuable timber or a town or a water power site, or to monopolize the water supply of a stock range. Prospectors may obtain a certain amount of National Forest timber free of charge to be used in developing their claims. More than 500 mining claims are patented within the National Forests every fiscal year.

A good example of mining claims located for fraudulent purposes were those located on the rim and sides of the Grand Canyon in Arizona to prevent the people from gaining free access to the canyon and make them pay to enter it. These claims were shown to be fraudulent since no deposits of any kind were ever found on them. They were canceled by the higher courts and the land reverted to the people.

Coal-Land Laws. Coal lands are mineral lands and as such are subject to entry the same as other mineral lands in the National Forests.

ADMINISTRATIVE USE OF NATIONAL FOREST LANDS

Lands within National Forests may be selected for administrative uses such as Supervisor's and Ranger's headquarters, gardens, pastures, corrals, planting or nursery sites or rights-of-way. These administrative sites are necessary for the present and probable future requirements of the Forest Service for fire protection and the transaction of business on the National Forests.

WATER POWER, TELEPHONE, TELEGRAPH, AND POWER TRANSMISSION LINES

Along the streams within the National Forests are many sites suitable for power development. These are open to occupancy for such purposes and have the advantage of being on streams whose headwaters are protected. The aggregate capacity of the water power sites on the National Forests is estimated at 12,000,000 horsepower.

The Government does not permit the monopolization of power in any region or allow sites to be held for speculative purposes. The objects of the regulations are to secure prompt and full development and to obtain a reasonable compensation for the use of the land occupied and the beneficial protection given the watershed.

Permits for power development on the National Forests usually run for a term of 50 years and may be renewed at their expiration upon compliance with the regulations then existing. Such permits, while granting liberal terms to applicants, contain ample provision for the protection of the public interests.

Applications for power permits are filed with the District Forester of the Forest Service District in which the desired site is located. Preliminary permits are issued to protect an applicant's priority against subsequent applicants until he has had an opportunity to study the proper location and design of the project and to obtain the data necessary for the final application. Operation is allowed under the final permit only. The permittee is required to pay an annual rental charge under the preliminary and final power permits and definite periods are specified for the filing of the final application, beginning of construction and of operation. The rental charges are nominal in amount, the maximum being about 1/16 of a cent per kilowatt hour. The amount of annual payment for transmission lines is $5.00 for each mile or fraction thereof if National Forest land is crossed by the line. No rental charges are made for small power projects (under 100 horsepower capacity), or for transmission lines used in connection therewith, or for transmission lines which are part of a power project under permit or for any power project in which power is to be used by a municipal corporation for municipal purposes.

The Secretary of Agriculture has authority to permit the use of rights-of-way through the National Forests for conduits, reservoirs, power plants, telephone and telegraph lines to be used for irrigation, mining, and domestic purposes and for the production and transmission of electric power. No rental charges are made for the telephone and telegraph rights-of-way, but the applicant must agree to furnish such facilities to Forest officers and to permit such reasonable use of its poles or lines as may be determined or agreed upon between the applicant and the District Forester.

APPENDIX

TABLE OF LAND AREAS WITHIN THE NATIONAL FOREST BOUNDARIES

June 30, 1917

Key: DN=District Number

-------------------+--------------+-----------+-----------+----------- | Headquarters | National | Patented | Total State and | of | Forest | and other | area Forest | Forest | Land | lands | (acres) DN | Supervisor | (acres) | (acres) | -------------------+--------------+-----------+-----------+----------- ALASKA | | | | Chugach 6 |Ketchikan | 5,418,753 | 113,682 | 5,532,435 Tongass 6 |Ketchikan |15,451,716 | 29,284 | 15,481,000 ARIZONA | | | | Apache 3 |Springerville | 1,182,782 | 93,618 | 1,276,400 Chiricahua 3 |Tucson | 348,157 | 10,691 | 358,848 Coconino 3 |Flagstaff | 1,601,598 | 161,799 | 1,763,397 Coronado 3 |Tucson | 959,304 | 39,676 | 998,980 Crook 3 |Safford | 870,130 | 14,870 | 885,000 Dixie 4 |St. George, | | | | Utah | 17,680 | | 17,680 Kaibab 4 |Kanab, Utah | 1,072,375 | 525 | 1,072,900 Manzano 3 |Albuquerque, | | | | N. M. | 27,708 | 29,724 | 57,432 Prescott 3 |Prescott | 1,433,366 | 186,589 | 1,619,955 Sitgreaves 3 |Snowflake | 659,337 | 234,883 | 893,720 Tonto 3 |Roosevelt | 1,994,239 | 39,521 | 2,033,760 Tusayan 3 |Williams | 1,602,750 | 186,068 | 1,788,818 ARKANSAS | | | | Arkansas 7 |Hot Springs | 626,746 | 331,544 | 958,290 Ozark 7 |Harrison | 291,840 | 237,338 | 529,178 CALIFORNIA | | | | Angeles 5 |Los Angeles | 820,980 | 240,723 | 1,061,703 California 5 |Oriental | 807,444 | 255,178 | 1,062,622 Cleveland 5 |Escondido | 547,981 | 265,635 | 813,616 Crater 6 |Medford, Ore. | 46,977 | 10,045 | 57,022 Eldorado 5 |Placerville | 549,392 | 286,408 | 835,800 Inyo 5 |Bishop | 1,269,980 | 67,800 | 1,337,780 Klamath 5 |Yreka | 1,470,841 | 263,824 | 1,734,665 Lassen 5 |Red Bluff | 936,877 | 384,466 | 1,321,343 Modoc 5 |Alturas | 1,182,986 | 399,873 | 1,532,859 Mono 5 |Gardnerville, | | | | Nev. | 784,620 | 90,241 | 874,861 Monterey 5 |King City | 316,058 | 44,436 | 360,494 Plumas 5 |Quincy | 1,144,835 | 288,025 | 1,432,860 Santa Barbara 5 |Santa Barbara | 1,688,571 | 239,723 | 1,928,294 Sequoia 5 |Bakersfield | 2,194,926 | 274,344 | 2,469,270 Shasta 5 |Sisson | 803,448 | 783,432 | 1,586,880 Sierra 5 |Northfork | 1,489,934 | 172,626 | 1,662,560 Siskiyou 6 |Grants Pass, | | | | Ore. | 349,069 | 52,726 | 401,795 Stanislaus 5 |Sonora | 810,399 | 294,013 | 1,104,412 Tahoe 5 |Nevada City | 542,226 | 666,851 | 1,209,077 Trinity 5 |Weaverville | 1,430,547 | 315,600 | 1,746,147 COLORADO | | | | Arapaho 2 |Hot Sulphur | | | | Springs | 634,903 | 46,371 | 681,274 Battlement 2 |Collbran | 651,227 | 26,113 | 677,340 Cochetopa 2 |Saguache | 905,723 | 24,497 | 930,220 Colorado 2 |Fort Collins | 847,328 | 302,266 | 1,149,594 Durango 2 |Durango | 614,129 | 89,871 | 704,000 Gunnison 2 |Gunnison | 908,055 | 43,255 | 951,310 Hayden 2 |Encampment, | | | | Wyo. | 65,598 | 6,402 | 72,000 Holy Cross 2 |Glenwood | | | | Springs | 576,905 | 28,795 | 605,700 La Sal 4 |Moab, Utah | 27,444 | 176 | 27,620 Leadville 2 |Leadville | 934,017 | 122,503 | 1,056,520 Montezuma 2 |Mancos | 700,082 | 112,018 | 812,100 Pike 2 |Denver | 1,080,381 | 175,731 | 1,256,112 Rio Grande 2 |Monte Vista | 1,136,884 | 84,256 | 1,221,140 Routt 2 |Steamboat | | | | Springs | 833,459 | 86,487 | 919,946 San Isabel 2 |Westcliffe | 598,912 | 52,288 | 651,200 San Juan 2 |Pagosa Spgs. | 617,995 | 127,005 | 745,000 Sopris 2 |Aspen | 596,986 | 59,014 | 656,000 Uncampahgre 2 |Delta | 790,349 | 77,511 | 867,860 White River 2 |Meeker | 848,018 | 23,012 | 871,030 FLORIDA | | | | Florida 7 |Pensacola | 308,268 | 367,152 | 675,420 IDAHO | | | | Boise 4 |Boise | 1,058,941 | 59,173 | 1,118,114 Cache 4 |Logan, Utah | 513,617 | 31,447 | 545,064 Caribou 4 |Montpelier | 681,540 | 30,090 | 711,630 Challis 4 |Challis | 1,259,237 | 10,753 | 1,269,990 Clearwater 1 |Orofino | 785,103 | 122,743 | 907,846 Coeur d'Alene | | | | d'Alene 1 |Coeur d'Alene | 662,611 | 127,623 | 790,234 Idaho 4 |McCall | 1,193,439 | 15,841 | 1,209,280 Kaniksu 1 |Newport, | | | | Wash. | 198,757 | 260,220 | 458,977 Lemhi 4 |Mackay | 1,095,924 | 4,638 | 1,100,562 Minidoka 4 |Oakley | 509,536 | 21,584 | 531,120 Nezperce 1 |Grangeville | 1,624,582 | 41,497 | 1,666,079 Palisade 4 |St. Anthony | 283,495 | 9,820 | 293,315 Payette 4 |Emmett | 831,926 | 31,748 | 863,674 Pend Oreille 1 |Sandpoint | 676,014 | 198,724 | 874,738 St. Joe 1 |St. Maries | 493,925 | 481,743 | 975,668 Salmon 4 |Salmon | 1,621,707 | 21,653 | 1,643,360 Sawtooth 4 |Hailey | 1,203,387 | 16,743 | 1,220,130 Selway 1 |Kooskia | 1,693,711 | 108,289 | 1,802,000 Targhee 4 |St. Anthony | 283,495 | 9,820 | 293,315 Weiser 4 |Weiser | 562,609 | 98,291 | 660,900 MICHIGAN | | | | Michigan 2 |East Tawas | 89,466 | 74,412 | 163,878 MINNESOTA | | | | Minnesota 2 |Cass Lake | 190,602 | 121,874 | 312,476 Superior 2 |Ely | 857,255 | 411,283 | 1,268,538 MONTANA | | | | Absaroka 1 |Livingston | 842,467 | 145,243 | 987,710 Beartooth 1 |Billings | 662,537 | 19,393 | 681,930 Beaverhead 1 |Dillon | 1,337,223 | 27,777 | 1,365,000 Bitterroot 1 |Missoula | 1,047,012 | 108,856 | 1,155,868 Blackfeet 1 |Kalispell | 865,077 | 202,013 | 1,067,090 Cabinet 1 |Thompson | | | | Falls | 830,676 | 195,874 | 1,026,550 Custer 1 |Miles City | 428,922 | 83,888 | 512,810 Deerlodge 1 |Anaconda | 833,178 | 130,822 | 964,000 Flathead 1 |Kalispell | 1,802,905 | 285,815 | 2,088,720 Gallatin 1 |Bozeman | 564,855 | 344,575 | 909,430 Helena 1 |Helena | 687,983 | 232,497 | 920,480 Jefferson 1 |Great Falls | 1,039,766 | 135,919 | 1,175,685 Kootenai 1 |Libby | 1,336,061 | 287,279 | 1,623,340 Lewis and | | | | Clark 1 |Chouteau | 811,161 | 15,199 | 826,360 Lolo 1 |Missoula | 850,677 | 330,341 | 1,181,018 Madison 1 |Sheridan | 958,691 | 77,169 | 1,035,860 Missoula 1 |Missoula | 1,031,529 | 336,662 | 1,368,191 Sioux 1 |Camp Crook, | | | | S. D. | 96,743 | 17,798 | 114,541 NEBRASKA | | | | Nebraska 2 |Halsey | 206,074 | 11,744 | 217,818 NEVADA | | | | Dixie 4 |St. George, | | | | Utah | 282,543 | 7,807 | 290,350 Eldorado 5 |Placerville, | | | | Cal. | 400 | | 400 Humboldt 4 |Elko | 690,562 | 35,978 | 726,546 Inyo 5 |Bishop, Cal. | 72,817 | 2,513 | 75,330 Mono 5 |Gardnerville | 464,315 | 19,204 | 483,519 Nevada 4 |Ely | 1,220,929 | 39,871 | 1,260,800 Ruby 4 |Elko | 342,405 | 91,165 | 433,570 Santa Rosa 4 |Elko | 269,658 | 30,302 | 299,960 Tahoe 5 |Nevada City, | | | | Cal. | 14,853 | 47,274 | 62,127 Toiyabe 4 |Austin | 1,907,286 | 17,514 | 1,924,800 NEW MEXICO | | | | Alamo 3 |Alamogordo | 603,779 | 269,877 | 866,656 Carson 3 |Taos | 856,647 | 68,654 | 925,301 Chiricahua 3 |Tucson, Ariz. | 126,478 | 2,674 | 129,152 Datil 3 |Magdalena | 2,670,412 | 270,790 | 2,941,202 Gila 3 |Silver City | 1,463,708 | 136,292 | 1,600,000 Lincoln 3 |Alamogordo | 551,427 | 81,540 | 632,967 Manzano 3 |Albuquerque | 754,772 | 488,007 | 1,242,779 Santa Fé 3 |Santa Fe | 1,354,545 | 122,148 | 1,476,693 NORTH DAKOTA | | | | Dakota 1 |Camp Crook, | | | | S. D. | 6,054 | 7,866 | 13,920 OKLAHOMA | | | | Wichita 7 |Cache | 61,480 | 160 | 61,640 OREGON | | | | Cascade 6 |Eugene | 1,021,461 | 73,024 | 1,094,485 Crater 6 |Medford | 793,044 | 286,281 | 1,079,325 Deschutes 6 |Bend | 1,292,423 | 217,437 | 1,509,860 Fremont 6 |Lakeview | 884,494 | 86,782 | 971,366 Klamath 5 |Yreka, Cal. | 4,401 | 4,492 | 8,893 Malheur 6 |John Day | 1,057,682 | 205,158 | 1,262,840 Minam 6 |Baker | 430,757 | 49,056 | 479,813 Ochoco 6 |Prineville | 716,564 | 102,466 | 819,030 Oregon 6 |Portland | 1,031,926 | 108,994 | 1,140,920 Santiam 6 |Albany | 607,099 | 112,884 | 719,983 Siskiyou 6 |Grants Pass | 998,044 | 257,206 | 1,255,250 Siuslaw 6 |Eugene | 544,178 | 289,263 | 833,441 Umatilla 6 |Pendleton | 485,786 | 79,199 | 564,985 Umpqua 6 |Roseburg | 1,011,097 | 210,294 | 1,221,391 Wallowa 6 |Wallowa | 964,601 | 104,810 | 1,069,411 Wenaha 6 |Walla Walla, | | | | Wash. | 425,504 | 36,540 | 461,954 Whitman 6 |Sumpter | 884,485 | 115,008 | 999,493 PORTO RICO | | | | Luquillo 7 |None | 12,443 | 53,507 | 65,950 SOUTH DAKOTA | | | | Black Hills 2 |Deadwood | 483,403 | 118,608 | 602,011 Harney 2 |Custer | 548,854 | 79,093 | 627,947 Sioux 1 |Camp Crook | 75,524 | 7,744 | 83,268 UTAH | | | | Ashley 4 |Vernal | 982,493 | 9,607 | 992,100 Cache 4 |Logan | 265,594 | 53,987 | 319,581 Dixie 4 |St. George | 432,784 | 26,106 | 458,890 Fillmore 4 |Ritchfield | 699,579 | 79,711 | 779,290 Fishlake 4 |Salina | 661,245 | 62,145 | 723,390 La Sal 4 |Moab | 519,384 | 16,286 | 535,670 Manti 4 |Ephraim | 781,800 | 65,070 | 846,870 Minidoka 4 |Oakley, Idaho | 72,123 | 20,157 | 92,280 Powell 4 |Escalante | 689,927 | 14,773 | 704,700 Sevier 4 |Panguitch | 729,061 | 73,599 | 802,660 Uinta 4 |Provo | 988,602 | 54,533 | 1,043,135 Wasatch 4 |Salt Lake City| 607,492 | 56,913 | 664,405 WASHINGTON | | | | Chelan 6 |Chelan | 677,429 | 46,681 | 724,110 Columbia 6 |Portland, Ore.| 784,498 | 157,702 | 942,200 Colville 6 |Republic | 754,886 | 61,114 | 816,000 Kaniksu 1 |Newport | 257,859 | 118,904 | 376,763 Okanogan 6 |Okanogan | 1,486,325 | 54,675 | 1,541,000 Olympic 1 |Olympia | 1,534,689 | 117,311 | 1,652,000 Rainier 6 |Tacoma | 1,315,891 | 245,579 | 1,561,470 Snoqualmie 6 |Seattle | 698,043 | 343,957 | 1,042,000 Washington 6 |Bellingham | 1,454,214 | 35,786 | 1,490,000 Wenaha 6 |Walla Walla | 313,434 | 8,397 | 321,831 Wenatchee 6 |Leavenworth | 665,276 | 491,724 | 1,157,000 WYOMING | | | | Ashley 4|Vernal, Utah | 5,987 | 73 | 6,060 Bighorn 2|Sheridan | 1,119,725 | 16,475 | 1,136,200 Black Hills 2|Deadwood, S.D.| 144,759 | 34,362 | 179,121 Bridger 2|Pinedale | 710,570 | 7,407 | 717,977 Caribou 4|Montpelier, | | | | Idaho | 6,547 | 813 | 7,360 Hayden 2|Encampment | 322,175 | 43,445 | 365,620 Medicine Bow 2|Laramie | 469,786 | 41,596 | 511,382 Palisade 4|St. Anthony, | | | | Idaho | 250,501 | 3,119 | 253,620 Shoshone 2|Cody | 1,576,043 | 32,957 | 1,609,000 Targhee 4|St. Anthony, | | | | Idaho | 84,970 | 480 | 85,450 Teton 4|Jackson | 1,922,947 | 48,245 | 1,971,192 Washakie 2|Lander | 852,653 | 12,220 | 864,873 Wyoming 4|Afton | 899,980 | 12,020 | 912,000 | | | Aggregate for the 147 National | | | Forests |155,166,619|21,085,541 |176,252,160 ----------------------------------+-----------+-----------+-----------

Area of National Forest in more than one State.

PRINTED IN THE UNITED STATES OF AMERICA

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Transcriber's Notes:

Simple typographical errors were corrected.

Punctuation and spelling were made consistent when a predominant preference was found in this book; otherwise they were not changed.

This text uses both 'Uncampahgre' and 'Uncompahgre'; the latter currently is the preferred spelling.

Page 55 "sunlight; without it is useless." Probably should be "sunlight; without it, it is useless."