14 NATIONAL FOREST MANUAL - SPECIAL USES. 



The supervisor may, in his discretion, permit the free use of National 



Forest material and products for the construction or 



Free use o^ma- re p a ir o f ro ads or trails within National Forests, 



roads? with prejudice to any free-use application made in the 



same year for material and products for other pur- 



poses, when such roads or trails are of sufficient public benefit to 



justify the free use. The regular free-use permit form will be used. 



When the road or trail is of a private nature and the applicant is not 



entitled to a free use, the timber used or destroyed in its construction 



must be paid for. (Regulation L-35.) 



CONDUITS AND RESERVOIRS FOR IRRIGATION. 



,, No charge will be made for permits for irrigation 



Free permits. pTO ^ cis 8 (Regulation 1^32.) 



As under the act of March 3, 1891, as amended by the act of May 11, 



Easements 1898, easements can be secured for irrigation projects 



on National Forests, it is unlikely that supervisors 



will be called upon to issue permits for many large projects, 



although applications may be received pending the approval of appli- 



cation for easement to the Department of the Interior. 



For small projects the procedure will be the same as in other special- 



use cases. For large projects more accurate and 



Procedure. detailed maps may be required, and also prima facie 



evidence of water appropriation and plans for dams 



and other structures, if the supervisor considers such requirements 



necessary. 



If in the opinion of the supervisor an examination should be made 

 by the District engineer, he will make such a request to 

 t Distric *; Forester, who, if he considers it advisable, 

 will authorize the examination. 

 The report of the Forest officer should show, if possible, whether or 

 not any development of water power for the genera- 

 Water power. fa ou o e i ec tric energy is contemplated. 



TELEPHONE LINES. 



Permits are necessary for all telephone lines within National Forests. 

 . They will be issued with the provision for free use and 



rl ' free connection by the Forest Service, and no charge 



will be made. Only in exceptional cases will permits 

 be issued without the provision for free use and free connection, and 

 in such cases the charges will be determined for each case on its indi- 

 vidual merits. 



Permits are also necessary for all telephone lines along county 

 roads. Congress granted rights of way over the pub- 

 lic ^d for highways. (U. S. Rev. Stat., sec. 2447.) 

 By that grant the lands of the United States were 

 subjected to the servitude of a highway for the benefit of the county. 

 Telephone companies must, of course, secure the consent of the 

 county authorities for the construction of these lines, but the county's 

 title and interest is only that of a right of way, while the fee in the 

 land remains in the United States. 



Hence a telephone line on a county road through National Forest 

 lands can be operated lawfully only under permission from the Forest 



