30 THE NATIONAL FOREST MANUAL. 



Land wlucli will bo required for the uso and protection of the pub- 

 lic in general, or of the National Forests, or that are 

 Areas needed essential for a reservoir site, or valuable for power 

 will n P ot be^isted! purposes, will not be listed under the act; but every 

 effort will be made to effect an equitable adjustment 

 of any conflict between the interests of the public and those of an 

 applicant. 



When agricultural land applied for includes a roadway used by 

 the public, except a highway established before the creation of the 

 National Forest under section 2477, Revised Statutes, or which may 

 be needed in the future for the use of the public, or for the removal 

 of timber on the National Forests, it will be specifically excluded 

 from the area listed. 



Section 2477 of the Revised Statutes of the United States provides 

 that: "The right of way for the construction of highways over pub- 

 lic lands, not reserved for public uses, is hereby granted." Hence, 

 if a highway is constructed under this statute before the with- 

 drawal of the land for a National Forest, a subsequent patentee 

 takes the land subject to the right of the public to use the highway, 

 the easement not being destroyed until there is a total abandonment 

 on the part of the public, and it is not necessary to specifically men- 

 tion the highway in the list. If the highway was constructed after 

 the land was withdrawn from entry for a National Forest, and under 

 a permit issued by the Forest Service, no easement would be obtained, 

 and it is necessary to exclude the highway from the area listed. 

 When the land applied for entirely surrounds a spring or watering 

 place that is necessary in the administration of the Forest or for use 

 by permittees of the Department, or by the public, so much of the 

 land applied for will be excluded as is necessary to secure such uses. 

 A tract which has been withdrawn or selected and posted for a 

 ranger station or other administrative use will not be listed. 



Listing lands Tracts applied for on a watershed used or needed 

 affecting a mu- for municipal water storage and supply will not 

 nicipal water be listed if settlement upon the area will injure 

 supply. fa & watershed or contaminate the water. 



Lands within a National Forest which are covered by a first-form 

 withdrawal for reclamation purposes will not be 

 wittdn m ^eclama S ^ s ^ ec ^ Lands which are embraced within a second- 

 tion withdrawals, form withdrawal under the reclamation act will not 

 be listed except with the approval of the Reclama- 

 tion Service. 



Application for Since the Secretary of the Interior has ruled that 

 listing land with- unsurveyed land, which upon survey will probably 

 in the primary fall within a granted section, located within the 

 limits of an un- primary limits of a railroad grant is not subject to 

 surveyed railroad entry under the act of j une n ^ 1906? gucn unsurve yed 



lands will not be listed. 



Land within school sections in a National Forest may be listed 

 when such sections are unsurveyed; and when such 

 Application for sections are surveyed they may be listed if the State 

 in State school! ^. as selected otner l ands in u ' eu thereof and the selec- 

 land grants. tion has been approved by the Secretary of the Inte- 



rior, and if the portion of such surveyed school sec 

 tions sought to be listed was settled on prior to the survey of such 

 section and the creation of the Forest. 



