

TIMBER SETTLEMENT. 



Settlement for timber cut, damaged, killed, or destroyed on the 

 National Forests in connection with the enjoyment of any special-use 

 privilege is called a timber settlement. 



Where the timber will be killed or destroyed but not removed, or in 



Payment on the ^ nose cases where it will not be worked into measur- 



basis of estimate or able form, or where the cutting is done in such a way 



that scaling is impracticable, settlement may be 



required on the basis of estimate. In all cases where the timber can 



be scaled, measured, or counted, it will be paid for according to the 



scale, measure, or count, as in a timber sale, and the procedure will be 



identical. 



A charge for timber settlements on the basis of current stumpage 

 rates for timber of like quality and accessibility included in sales will 

 be made for all classes of material which have to be cut and destroyed 

 and which are commonly salable upon the Forest. A charge will not 

 be made for classes of material which are not commonly salable on the 

 Forest, or, ordinarily, for reproduction. The basis for this procedure 

 is that the ground rental under the occupancy permit covers the 

 probable future returns from timber growth; or when no rental is 

 charged that the land is being put to a higher use and the people as a 

 whole are benefited more than if it had been retained in the produc- 

 tion of timber. 



When a right of way permitted under an act of Congress crosses an 

 unpatented agricultural or mining claim, whether the 

 * " claim antedates the right of way or not, and whether 

 the claim is apparently held in good faith or not, if 

 timber is cut and removed in clearing the right of way, payment will 

 be made to the United States in all cases except where the removal of 

 the timber is necessary for the purpose of clearing the land in good 

 faith for cultivation or for development, or when at the time of cutting 

 the timber is actually needed by the claimant for use in making im- 

 provements on the land embraced in his entry or location. If any 

 such claimant should need timber for the purposes above specified and 

 should be unable to obtain it on his claim, he will be allowed to take 

 timber under free-use permit from lands of the United States for those 

 purposes up to the amount cut from the claim for which the United 

 States has received payment. It is therefore necessary to keep sepa- 

 rate records of the timber estimated upon or cut from each claim. 



When timber is involved in a special-use case, the Forest officer 



making the examination will report on the timber to 



Procedure: For- * 



mation called for by Form 578a and an estimate of the 



ests. 



be cut, damaged, killed, or destroyed, giving the infor- 



timber on Form 578b. In addition to the usual recommendations in 

 timber sales, this report will contain recommendations as to whether 



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