TIMBER SALES, TIMBER SETTLEMENT, FREE USE. 29 



to protect the Forest from ravages or destruction, or when the use or removal 

 of timber is necessary in the construction of roads, trails, cabins, and other 

 improvements on the National Forests or in experiments conducted by the 

 Forest Service. The authority conferred by this regulation may be delegated 

 by district foresters to Forest supervisors. (Issued October 31, 1911, to take 

 effect December 1, 1911.) 



TIMBER SETTLEMENT. 



REGULATION S-18. When timber on National Forest land is cut, damaged, 

 killed, or destroyed in connection with the enjoyment of a right of way or 

 other special use, it shall not be necessary to advertise it for sale, but payment 

 therefor may be required at such rate or rates as may be fixed by the officer 

 authorized under the timber-sale regulations to sell the amount of timber 

 involved, but in no case for less than the minimum or for more than the maxi- 

 mum price established by the Secretary of Agriculture, unless the authority of 

 the Secretary is secured. When, however, a 'right of way or other special use is 

 granted within a National Forest in Alaska, the supervisor may. without charge, 

 allow the cutting of timber when this is necessary for the proper enjoyment of 

 the special use. t Issued October 31, 1911, to take effect December 1, 1911.) 



PAYMENT OX BASIS OF ESTIMATE OB SCALE. 



Where tlie timber will be killed or destroyed, or where it will not be worked 

 into measurable form, or where the cutting is done in such a way that scaling 

 is impracticable, settlement may be required on the basis of estimate. In all 

 cases wbere the timber can be scaled, measured, or counted it will be paid for 

 according-to the scale, measure, or count, as in a timber sale, and the procedure 

 will be identical. 



A charge based on tbe current stumpage rates for timber of like quality and 

 accessibility included in sales will be made for all classes of material which 

 have to be cut or destroyed and which are commonly salable upon the forest. A 

 charge will not be made for material which is not ordinarily salable on the for- 

 est or, as a rule, for reproduction. 



PAYMENT FOR TIMBER OX CLAIMS. 



When a right of way. permitted under an act of Congress, crosses an unpat- 

 ented agricultural or mining claim, whether the claim antedates the right of 

 way or not. and whether the claim is apparently held in good faith or not, if 

 timber is cut and removed in clearing the right of way, payment will be made to 

 the United States, except where the removal of the timber is necessary for the 

 purpose of clearing the laud in good faith for cultivation or for development, or 

 when at the time of cutting the timber is actually needed by the claimant for 

 use in making improvements on the land embraced in his entry or location. If 

 any claimant should need timber for the purpose above specified and should be 

 unable to obtain it upon his claim, he will be allowed to take timber under free- 

 use permit from lands of tbe United States for this purpose up to the amount 

 cut from the claim for which the United States has received payment. 



FREE USE OF TIMBER AND STONE. 



TO WHOM GRANTED. 



To assist prospectors in their work and to encourage and assist settlers who 

 have not on their own land or claims, or on lands controlled by them, a suffi- 

 cient and accessible supply of timber suitable for firewood, fencing, building, 

 mining, and other domestic purposes, the law gives the Secretary of Agriculture 

 authority to allow the free use of timber and stone on National Forests. 



REGULATION S-19. The Secretary of Agriculture will determine for each 

 fiscal year, upon data to be furnished by the Forester, the maximum amount of 

 timber to be cut under free use on each Forest, which amount shall form a part 

 of the total maximum cut for the Forest. The Forester may grant free-use 

 permits for timber not exceeding $500 in value, and may delegate this authority 

 to subordinate officers. Permits for timber in excess of $100 in value, except 

 in a ses of unusual emergency, will be granted only for public purposes. Super- 



