30 THE NATIONAL FOREST MANUAL. 



Land which will be required for the use and protection of the pub- 

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

 Areas needed esse ntial for a reservoir site, or valuable for power 

 will n P ot b^listed! purposes, w iH no t 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: u 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 Jiighway 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 the land was withdrawn from entry for a National Forest, and under 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 



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

 y 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 A tract which has been withdrawn or selected and posted for a 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. ^ ie wa tershed or contaminate the water. 



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

 withdrawal for reclamation purposes will not be 

 within^eclamt- ^ 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 



#at y8d raUr0ad entr y under the ac . t of June n > 1906 > such unsurveyed 



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 sec tions are surveyed they may be listed if the State 



irf ^tate^school- aas se^^d other lands in lieu 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. 



