20 NATIONAL FOREST MANUAL LAWS. 



JOINT CIRCULAR OP NOVEMBER 25, 1910 (39 L. D., 374), RELATING TO 

 PROCEDURE IN CLAIMS CASES AFFECTING THE NATIONAL FORESTS. 



To the Commissioner, chief of field service, Chiefs of Field Division, registers 

 and receivers, General Land Office, Department of the Interior; the 

 Forester, district foresters, forest supervisors, Forest Service, Depart- 

 ment of Agriculture; the Solicitor and district assistants to the Solicitor, 

 Department of Agriculture. 



GENTLEMEN: To better effectuate cooperation in protecting the 

 interests of the Government and settlers and others claimants to lands 

 within National Forests, the following order is effective, superseding 

 order of June 25, 1910 (39 L. D., 52): 



Supervisors' re- 1. Forest supervisors will submit all reports made by forest officers 

 P rts - to the proper district forester, who will make a careful examination of 



them. 



Action by dis- If the district forester is of the opinion that no contest should be 

 instituted he will transmit the report directly to the proper Chief of 

 Field Division with an indorsement of "No protest," except that in 

 the case of claims under the mining laws which have not been examined 

 for mineral discovery, the notice of "No protest" will be by letter from 

 the district forester to the Chief of Field Division, instead of by the 



Action by Chief transmittal of an indorsed report. Should the Chief of Field Division 

 of Field Division, desire further information he will return the report directly to the 

 district forester, requesting such additional investigation as may be 

 necessary; or, if he deems it advisable, he will cause an agent of the 

 General Land Office to make such additional investigation. If the 

 Chief of Field Division is of opinion that no hearing is necessary, he 

 will transmit the report, or the letter of "no protest," to the Commis- 

 sioner of the General Land Office with his recommendations. 



If the district forester is of opinion that a contest should be instituted 



Action by as- he will refer the report to the district assistant to the Solicitor for exam- 

 sistant to Solici- ination as to the sufficiency of law and evidence, and if found to be 

 sufficient he will return it to the district forester with a draft of the 

 charges against the claim to be recommended to the Chief of Field 

 Division. If the district assistant to the Solicitor is of opinion that 

 additional evidence is necessary, he will call this to the attention of the 

 district forester, who will order such additional investigation as may 

 be required and will resubmit the report with the additional evidence 

 to the district assistant to the Solicitor, who, if then satisfied that a 

 contest should be instituted, will pursue the course outlined above. 

 When the final report, with the draft of charges to be recommended 

 to the Chief of Field Division, is returned to the district forester by 

 the district assistant to the Solicitor, the district forester will transmit 

 it directly to the Chief of Field Division with a recommendation that a 

 contest be instituted upon the charges indicated. If the district assist- 



Action by For- ant to the Solicitor, after full review of the final report, is of opinion 

 ester and Solici- that a contest should not be instituted, he will so advise the district 

 forester and if the latter is still of opinion that a contest should be 

 instituted, the papers in the case will be referred to the Forester for 

 consultation with the Solicitor, and, if need be, for submission to the 

 Secretary of Agriculture, and, after decision, the papers will be returned 

 by the Forester to the district forester with notice of decision and 



Report of Chief appropriate instructions. Should the Chief of Field Division find the 

 of Field Division, report, in his opinion, insufficient to warrant adverse proceedings, he 

 will return it directly to the district forester, requesting such additional 

 investigation as may be necessary; or, if he deems it advisable, he will 

 cause an agent of the General Land Office to make such additional 

 investigation. If, after receipt of the complete report, the Chief of 

 Field Division is of opinion that adverse proceedings should be ordered, 

 he will transmit the report, together with the district forester's letter of 

 recommendations, to the Commissioner of the General Land Office 

 with a letter of transmittal recommending the ordering of a hearing 

 before the register and receiver upon the charges suggested by him and 

 noted in his letter of transmittal. If, after receipt of complete report 

 from the district forester recommending adverse proceedings, the Chief 

 of Field Division is of opinion that a hearing is unwarranted, he will 



