SILVICULTURE DECISIONS. 101 



The Forest Service is not authorized to sell fire-killed timber upon 

 homesteads, or to enter into an agreement with homesteaders to sell 

 the timber to purchasers and deposit the proceeds in the Treasury to 

 be refunded upon the patenting of the claim. (1 Sol. Op., 327.) 



There is no authority to make an agreement permitting an assignee 

 of the Northern Pacific Railroad Co. to cut over lands covered by an 

 unperfected selection under the act of March 2, 1899 (30 Stat., 993), 

 at his own risk, upon filing a bond to indemnify the Government 

 should such selection fail. (1 Sol. Op., 463.) 



Neither the Northern Pacific Railroad Co. nor the Forest Service, 

 nor the two acting together under agreement, can legally dispose of 

 timber upon unsurveyed, unclassified, odd sections within the primary 

 limits of the railroad grant. (1 Sol. Op., 327.) 



A mining claim properly marked upon the ground is presumed to 

 be valid until its validity is determined by the Interior Department 

 in a proper proceeding and the Forest Service can not sell timber 

 from such a claim merely because it appears to the Forest Service 

 to be invalid. (1 Sol. Op., 181.) 



If mining locations within National Forests have been abandoned, 

 even though the boundaries thereof are still plainly marked, the 

 Forest Service may properly sell the timber thereon. (2 Sol., Op. 

 1110.) 



Free-use permits. 



The provisions of the act of June 4, 1897 (30 Stat., 11), do not au- 

 thorize the issuance of a free-use permit to the State of Montana for 

 timber to construct a State building. (Sol. Op., May 26, 1913.) 



The free-use provisions of the act of June 4, 1897 (30 Stat., 11), 

 do not authorize the issuance of free-use permits for fire wood to be 

 used in county courthouses or county high schools. (Sol. Op., June 

 30, 1915.) 



By the free-use provisions contained in the act of June 4, 1897 

 (30 Stat., 11), Congress intended to provide for the granting of 

 timber free of charge to persons who, in their individual capacities, 

 wish to secure National Forest timber for the establishment or 

 maintenance of their individual property, claims, or possessory rights 

 within or near the forests. (Sol. Op., Nov. 5, 1915.) 



A free-use permit (Form 874-8) for the taking of timber from 

 National Forest lands constitutes an executory contract between the 

 Government and the permittee for the taking of the timber after it 

 has been severed from the soil, or has been reduced to the possession 

 of the permittee, together with a license to enter upon National 

 Forest lands for the purpose of cutting and removing it. (2 Sol. 

 Op., 1076.) 



Where clause 2 of the form (Permit) has been waived, the license 

 thus created to enter and take the timber covered by such free-use 

 permit is irrevocable as to that portion of the timber which has been 

 severed from the soil, or which being dead and down has been re- 

 duced to the possession of the permittee in the form of personal 

 property answering the description in the permit, but is revocable 

 while it remains executory, or as to that portion of the timber which 

 had not been severed from the soil or reduced to the possession of the 

 permittee. (2 Sol. Op., 1076.) 



