NATIONAL FOREST MANUAL SPECIAL USES. 11 



There is no law authorizing the lease of National Forest lands for a 

 term of years, except the act of February 28, 1899 

 its em ( 3 ? Stat -> ? 08 )> providing for the lease of lands ad- 



joining mineral springs, but permits to occupy 

 National Forest lands for any purpose not inconsistent with their 

 administration may be issued for an indefinite period, and will remain 

 in force until abandoned or canceled. All special use permits issued 

 by supervisors will, therefore, contain the clause: 



This permit may be terminated at any time in the discretion 

 of the District Forester. 



Special-use permits issued to applicants in connection with grazing 

 permits allow possession for the whole year, but the privilege of use 

 only during the period covered by the grazing permit. Such special- 

 use permits need not be closed at the end of the grazing season if the 

 grazing permits are to be renewed the following year. 



It may happen that a permittee wishes to build an expensive sum- 



Tenn ermits mer res ^ ence or m ^ke a considerable investment on 



the areas covered by his permit and declines to do so 



without some definite term of occupancy expressed in his permit. 



When this is the case, the following clause may be inserted, and the 



permit sent the District Forester for approval : 



This permit shall terminate after years from the date of 



its approval, or on , 19 - _ . It may also be terminated by 



the District Forester prior to that date for the violation of its 

 terms or for serious interference with the administration of the 

 National Forests, and may be terminated by the Secretary of 

 Agriculture at any time in his discretion. 



Suitable areas near mineral or medicinal springs may be leased for 

 the purpose of the erection thereon of sanitariums, hotels, or tem- 

 porary dwelling houses in accordance with regulation 31. 



National Forest land should not be devoted to an inferior use so as 



to preclude a higher use. For instance, after the 



Highest use. issuance of a pasture permit it may be found that the 



area covers the only available reservoir site for the water supply of 



the community. In such a case the District Forester should exercise 



his discretion and cancel the permit. Compensation should be made 



if possible by refunding unearned payments or by granting another 



area for pasture purposes. 



Wherever possible, this point should be determined during the 

 field examination and where it is evident that eventually a higher 

 use can be made of the area than the one applied for, a clause should 

 be inserted providing for the higher utilization, thus: 



This permit is issued subject to an application for the use of 

 the area for (a reservoir for municipal purposes, an irri- 

 gation ditch, school purposes, etc.). 



The welfare of the community or the number of people benefited 

 should be the factor determining a higher use rather than the amount 

 of money to be obtained for the use. 



If the supervisor rejects a special-use application, he will at once 



R . inform the applicant by letter, giving the reason for 



plications 011 rejection and will forward all papers in the case to 



the District Forester for review. All papers will be 



returned to the supervisor for filing. 



