SERVICE NOTES FOR OCTOBER. 



These notes contain instructions and necessary information for 

 Forest officers, and will therefore be carefully read and kept on file 

 for reference. 



OFFICE OF THE FORESTER. 



INSPECTION. 



Attention is called to the following changes in the "Instructions to Inspec- 

 tors," which was issued under date of June 5, 1907 : 



SECTION VI. Uses, Paragraph 1, should read as follows: "A discussion of 

 each case of occupancy or right of way, whether granted by statute, by the 

 Department of the Interior, or by the Forest Service. From this sawmills 

 are excepted. They should be discussed under Section I Timber Sales, as 

 Paragraph 6. Permits for pastures and wild hay are also omitted from this 

 section. They should be discussed under Section IV Grazing, as Paragraph 

 5 (a)." 



The language of the instructions, as originally issued concerning sawmills 

 and rights of way, is obscure. The words " except sawmills " should have been 

 put in parentheses in the original order. The reason they are excepted under 

 Uses is that sawmill permits are handled by the Office of Management. There 

 was no intention to except rights of way of any sort, no matter by whom 

 granted or permitted. Thus, rights of way for wagon roads built before the 

 Forest was created are granted by statute .without any filing in or approval by 

 the Department of the Interior; rights of way for railroads must be mapped 

 and approved by the Department of the Interior; rights of way for power 

 plants must be permitted by the Forest Service. The first two are permanent, 

 and the third is terminable at the discretion of the Forester, but all three should 

 be reported upon by Inspectors. 



The exception of permits for pastures and wild hay is due to a recent change 

 by which these matters are handled in the Office of Grazing. 



LAW. 



Withdrawal for Necessary Use before Listing under Act of June 11, 1906 

 Examiners of lands applied for under the act of June 11, 1906. are reminded 

 that rights for logging roads and other uses necessary for the efficient adminis- 

 tration of the Forests may be withdrawn from all forms of entry in the same 

 manner as administrative sites are withdrawn. The withdrawal would not 

 cover the entire fee, but merely an easement to occupy the land for a road or 

 other specific administrative use, leaving the fee open to appropriation. After 

 the withdrawal the land over which the right of way passes may be listed under 

 the act of June 11 as one contiguous tract. It is essential that the withdrawal 

 should precede the listing. The examining officer should give the course and 

 distance of the road with accuracy and furnish with his recommendation for 

 withdrawal a correct plat and field notes. 



An important case has recently arisen upon the Toquirna National Forest 

 invol-ving the right of the Forester to sell timber upon an invalid mining claim. 

 Guard Van Austin sold to Mr. Nanani 10 acres of dead wood from ground cov- 

 ered by a mining location. When the purchaser removed the wood, he was 



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