55 



which are believed to be fraudulent, especially if they involve large areas of 

 land, and seriously jeopardize National Forest interests or prevent the proper 

 management and protection of the Forests. 



7. Definite evidence by qualified witnesses is necessary to sustain charges 

 against any claim that is considered fraudulent. 



8. Good judgment, care, and initiative on the part of the forest officer to add 

 to or vary, for proper reason to be explained by him, the nature of the report 

 will add greatly to its value and assist materially in the protection of legiti- 

 mate mining and of the interests of the United States by preventing fraudulent 

 appropriation of iioninineral land under the guise of compliance with the min- 

 eral-land laws. 



GIFFOBD PINCHOT, Forester. 



NATIONAL FOREST ORDER 34. 

 Special Use Permits upon Land Applied for under the Act of June 11, 1906. 



APRIL 13, 1907. 

 To Forest Officers in Charge: 



Squatters who settled on National Forest land before its withdrawal and 

 are awaiting survey to make entry, have the same rights to occupy and enjoy 

 their holdings under Regulation 1 (The Use Book, p. 20) as homestead entryuien, 

 and may at their option await survey or apply for the examination of their 

 lands under the act of June 11, 1906, with a view to opening them to home- 

 stead entry. 



Persons who settled in trespass before January 1, 1906, and have not aban- 

 doned their claims, may, if qualified, take advantage of the act of June 11, 1906, 

 and in the meantime may occupy and enjoy their holdings without permit. 

 Other applicants under the act of June 11, 1906, who appear to have the prefer- 

 ence right of entry under that act, may secure, without charge, a permit for the 

 agricultural use of so much of the land applied for as, in the opinion of the 

 supervisor, is chiefly valuable for agriculture, provided that the land is not 

 adversely claimed under settlement made before its withdrawal, or after its 

 withdrawal and before January 1, 1906. Land covered with a stand of 

 merchantable timber should not be considered chiefly valuable for agriculture 

 under this paragraph. 



The Forester will send to the Supervisor of each Forest monthly lists of 

 applications under the act of June 11, 1906, in such form as to show who appears 

 to have the preference right of entry. Upon receipt of such lists the Supervisor 

 should notify the applicant appearing to have the preference right of entry, if 

 the land is considered to be chiefly valuable for agriculture and is not ad- 

 versely claimed under settlement as above defined, that upon request a special 

 permit will be granted to him without charge to occupy and use the land for 

 agricultural purposes. Supervisors who have hitherto received notices of 

 applications should immediately take this action without waiting for the first 

 monthly list. 



Upon the receipt of such request please prepare a special-privilege applica- 

 tion on Form 832 and send it to the applicant for signature and return to you 

 for action in the usual manner under the special-privilege regulations. 



Please incorporate in each permit the following paragraph : 



In the examination of the land under the act of June 11, 1906, to determine 

 its agricultural character this permit shall not be considered; neither shall it 

 be construed to give the permittee any preference right of entry under that 

 act. This permit shall terminate when the land is opened to entry under that 



