Form 80 



UNITED STATES DEPARTMENT OF AGRICULTURE 



FOREST SERVICE 

 RAILROAD STIPULATIONS 

 Uses, 



(Forest.) 

 (Name of applicant.) 



(Railroad). 



(Date of application.) 



Whereas, the railroad right of way applied for by the 



Co. (hereinafter called the Applicant) is within the National 



Forest, as shown by a certain tracing executed by 



on , 19. ., and filed in the United States Land Office at 



, State of on 



19.., and 



Whereas, the regulations of the United States Department of the Interior concerning 

 rights of way for railroads, reservoirs, canals, etc., provide that whenever such rights 

 of way are located upon National Forests the Applicant must enter into such stipula- 

 tions and execute such bonds as the Secretary of Agriculture may require for the pro- 

 tection of the National Forests; and 



Whereas, the Secretary of Agriculture requires for the protection of said 



National Forest that the Applicant shall enter into the stipulation hereinafter set forth; 



Now, therefore, in consideration of the granting of the right of way applied for, the 

 Applicant does hereby stipulate and agree, and does bind itself, its successors and 

 assigns, as follows, to wit: 



1. To clear and keep clear of all timber and other inflammable substance all of said 

 right of way and all other lands owned or controlled by the Applicant as a right of way, 

 however acquired, lying between the points where the center line of said right of way 

 intersects said Forest boundaries and all lands of said forest within 200 feet of said 

 center line; but the supervisor in charge of said National Forest may in writing specific- 

 ally exclude from the operation of this clause such lands as he deems proper, as, for 

 example, when a stream, the right of way of another railroad company, or other ade- 

 quate fire break lies between the right of way of the Applicant and that part of the 

 Forest which may be in danger from fire, to cut all trees, when physically possible, 

 BO that they shall fall entirely within the strip to be cleared, and to remove au timber 

 that, when cut on the strip to be cleared, may fall without the strip. 



2. To pay to the National Bank of .- 



(United States depository), or such other depository or officer as may hereafter be 

 designated by the United States, to be placed to the credit of the United States, 

 in advance of cutting or construction, as required by the supervisor of said National 

 Forest, for all live and dead timber, standing and down, merchantable in the judgment 

 of the Forest supervisor, cut, damaged, killed, or destroyed on said right of way and 

 the additional strip referred to in clause 1, title to which, at the time of said cutting, 

 damaging, killing, or destruction, is in the United States, and for all other merchant- 

 able live and dead timber on other lands of the United States damaged, killed, or 

 destroyed in clearing said right of way in accordance with the scale or estimate of 

 the Forest officers, at a rate to be fixed by the said supervisor which shall correspond 

 to the prevailing stumpage rates charged on said Forest at the time said timber is 

 cut, damaged, killed, or destroyed; and to dispose of all brush, refuse, or unused 

 timber accumulating at such times upon such right of way or such additional strip 

 in such manner as may be required by the Forest officers. 



3. To build new roads and trails as required by the Forest officers to replace any 

 roads or trails destroyed by construction work upon said right of way, and to build 

 and maintain suitable crossings, as required by the Forest officers, for all roads and 

 trails which intersect the right of way, or for the passage of live stock, such crossings 

 to be protected by suitable cattle guards. 



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