All timber on forest reserves which can be cut safely and for which there is actual need is for sale. Applications to purchase are invited. Green timber may be sold except where its removal makes a second crop doubtful, reduces the timber supply below the point of safety, or injures the streams. All dead timber is for sale. (See Appendix, p. 101.)
The prime object of the forest reserves is use. While the forest and its dependent interests must be made permanent and safe by preventing overcutting or injury to young growth, every reasonable effort will be made to satisfy legitimate demands.
Timber cut from forest reserves may be handled and shipped like any other timber, except that it will not be sold for shipment from regions where local consumption requires the entire supply, or is certain to do so in the future. Also, the law prohibits export from the State of timber cut from any Idaho forest reserve or from the Black Hills Forest Reserve in South Dakota. (See Appendix, p. 108.)
Any one may purchase except trespassers against the law or the regulations governing the reserves. There is no limit, except the capacity of the forest, to the quantity which may be sold to one purchaser, but monopoly to the disadvantage of other deserving applicants will not be tolerated.
This time allowed for the removal of timber depends upon the amount purchased. It will always be sufficient for reasonably diligent work, but speculation by holding for rise in value will not be permitted.
In all cases the first step for the prospective purchaser is to consult the nearest forest officer. Inquiries or applications should never be sent to Washington direct. Remittances of money or complaints against the conduct of local officers are the only communications which applicants or purchasers should make to the Washington office during any stage of a sale.
There are three classes of sales:
(a) Of not over $20 worth of dead timber.
These sales may be made by any forest ranger or deputy forest range, as well as by any supervisor, except in California. No delay is required. The applicant should consult in person with the nearest ranger, who will designate the timber, fix the terms of sale, and at once, upon assurance that full advance payment has been forwarded to the Special Fiscal Agent, permit cutting and removal.
(b) Of not over $100 worth of lead or living timber.
Application may be made through any ranger, but the forest supervisor must approve the sale. Except in California, the only delay involved is the time required for an estimate and report to the supervisor. Upon the latter's approval and permission, after the forwarding of full or partial payment, cutting may begin. In California every sale of any class must be advertised for sixty days. (See Appendix, pp. 101, l05.)
(c) Of over $100 worth of dead or living timber.
Sales involving more than $100 must always be advertised and can, as a rule, be approved only by the Forester. The application and examining officer's report, if endorsed by the supervisor, are sent to Washington. Upon the Forester's approval an advertisement for bids is published in the local papers for thirty days (sixty days in California), after deposit to cover this expense has been sent by the applicant. If the applicant is the successful bidder, his approved application, the published notice, and his accepted bid form the agreement. His deposits apply upon the first payment, and the supervisor permits cutting at once.
If his bid is unsuccessful his deposits are returned. In sales exceeding $100 purchasers may be required to give bond to comply with the terms of agreement.
REG. 30. All forest rangers and deputy forest rangers are authorized, except in California, to sell dead timber in amounts not exceeding $20 in value, and all forest supervisors to sell dead or living timber worth not more than $100. The Forester is authorized to make timber sales for larger amounts, and to delegate this authority in special cases.
The kinds and methods of sales are as follows:
Dead timber only, in amounts not over $20 in value. Advertisement not required.
Request to purchase dead timber not over $20 in value may be acted upon by any forest ranger or deputy forest ranger, as well as by any supervisor. The ranger makes an examination, fixes the terms of sale, and designates the timber to be cut. Formal application is made out in duplicate and signed by the purchaser, who also forwards payment in full to the Special Fiscal Agent, with a letter of transmittal given him by the ranger. Upon being shown the purchaser's receipt, if the payment is made by express or postal money order, or the draft itself, if by national bank draft on New York, as assurance that the payment has been forwarded, the ranger will approve both copies of the application, and at once permit cutting and removal of the dead timber. He will at once forward one copy to the supervisor, give the other copy to the purchaser, and record the terms of the sale for his own reference. He will notify the supervisor as soon as the timber is removed.
Dead or living timber, in amounts not over $100 in value. Advertisement not required, except in California.
n examination on the ground of the timber desired is made by the supervisor, or for him by a subordinate. The results are recorded and discussed with the applicant, and form the basis of his formal application, which is filled out in duplicate and signed by him. The application, with the report of the forest officer who made the examination, is then submitted to the supervisor for decision.
If this is favorable, the applicant, except in California, forwards first payment or full payment, as agreed upon, to the Special Fiscal Agent. Upon assurance that this has been done, the supervisor approves the application and permits cutting to begin. One copy of the approved application is retained by the supervisor, and one returned to the purchaser with a copy of the regulations and instructions for the use of the forest reserves.
In California, where all sales must be advertised, the steps are the same until the supervisor has received the formal application in duplicate, signed by the applicant. If he decides to allow it, the applicant then forwards to the Special Fiscal Agent a deposit of $100 to cover publication of notice instead of the first payment, as in a nonadvertised sale. Upon assurance that this has been done the supervisor approves the application as before, but places one copy on file to await the outcome of the bids, and forwards the other to the Forester to serve as a basis of advertisement.
Upon receipt of the application and deposit by the Washington office the advertisement is forwarded to the supervisor for publication.
Prospective purchasers then submit their bids to the Forester, at the same time forwarding to the Special Fiscal Agent the deposits required by the advertisement.
Upon evidence that the necessary deposit in each case has been made, the bids are opened by the Forester, and the supervisor is notified of the successful bidder. If the original applicant is the successful bidder, his application, the published notice, and his approved bid form an agreement. The supervisor then delivers to the purchaser the approved application which he had retained, keeping a copy for his own reference.
If the successful bidder is another, the agreement is prepared in triplicate in the Washington office and sent to the supervisor, who has the three copies executed by the purchaser, approves all of them by signature, forwards one to the Washington office, places one on file, and delivers the third to the purchaser.
All sales exceeding $100 in value. Only after advertisement.
Upon assurance that the deposit ($100 in California, $50 elsewhere) to cover publication of notice has been forwarded to the Special Fiscal Agent, the steps up to this point being as in advertised sales previously described, the supervisor forwards both copies of the application to the Forester for approval, accompanied by the examining officer's report and his own definite recommendations. If he recommends approval of the application unmodified, he will also initial both copies.
If the application is approved by the Forester, the sale is advertised and awarded as described before.
If the original applicant is the successful bidder, one copy of the application is approved by the Forester, and returned to the purchaser through the supervisor. The duplicate is placed on file in the Washington office, and a third copy is made and sent to the supervisor for his information. If the successful bidder is not the applicant, a contract is prepared in triplicate in the Washington office, and sent to the supervisor, who retains one copy and has the purchaser execute two copies, which are returned to the Washington office for the approval of the Forester. When approved, one copy is placed on file in the Washington office and the other returned to the purchaser through the supervisor. Cutting of material covered by deposit may begin when the purchaser has signed the contract, and need not await final approval of the Forester.
REG. 31. All timber must be paid for, either in full or in installments, before it is cut. Should the purchaser fail to secure the estimated quantity upon which his advance was based, the excess will be returned if he has complied with the terms of the sale. In no case will the cutting of timber be allowed to exceed the amount actually paid for.
REG. 32. In any sale, unless otherwise ordered, payment for the timber may be made in one lump sum, or in two or more equal payments. In sales not exceeding $100 in value the number of partial payments must not exceed three, and must be made at intervals of thirty days. In sales requiring advertising the deposit to cover the cost of advertising and the deposit required with the bid will be applied on the first payment.
REG. 33. All money, whether payments, deposits, or settlements, must be sent direct by the payer to the Special Fiscal Agent and not transmitted through a forest officer. Money must always be sent by postal money order, express money order, or national bank draft on New York. Other forms of drafts, cash, checks, or certified checks will not be accepted.
The payer will be furnished by the forest officer with a form letter of transmittal bearing the sale number. The forest officer conducting a sale may consider the exhibit by the payer of his receipt for a postal or express money order, or of the draft itself, if draft is sent, in either case payable to the Special Fiscal Agent only, as satisfactory assurance that the remittance has been made. He may allow cutting to proceed upon such evidence without waiting for notice that the money has been received, but will not allow removal except in sales not exceeding $20.
REG. 34. The period allowed for the removal of the timber, which in no case will exceed five years, must be fixed in the agreement. If at the expiration of this period the purchaser has not removed all his timber, he forfeits all right to any timber not yet removed and to his purchase money; but in case failure to comply with this restriction was unavoidable, the Forester may, in his discretion, extend the limit to prevent hardship. The privilege of assigning any rights obtained under a sale may be granted only by the Forester, and only in cases of emergency and when the transaction is not for the purpose of speculation.
REG. 35. Timber cut from any forest reserve may be sold in any market anywhere, except from forest reserves in Idaho or from the Black Hills Forest Reserve in South Dakota.
REG. 36. In any sale involving more than $100 the purchaser may be required to give bond to carry out his agreement. This bond, which will also cover the operation of a sawmill, if permit for one is given in connection with the sale, will be for such amount as the Forester may prescribe.
The responsibility of the sureties must be established by the supervisor.
REG. 37. Failure to observe any of the terms of the agreement constitutes breach of contract. Violation of the following four rules constitutes trespass:
(a) No timber may be cut until it is paid for.
(b) No timber may be removed until it has been measured by a forest officer.
(c) Timber may be cut only on the area designated by the forest officer.
(d) No unmarked living trees may be cut, if marking is required by the officer in charge or by the terms of the sale.
In California no reserve timber may be sold without advertisement for competitive bids; elsewhere this is required only when the amount is appraised at more than $100. Notice must be published for not less than thirty days (in California sixty days) in one or more newspapers of general circulation in the State or Territory (in California in the county and also in the capital).
REG. 38. Advertisements of sales must announce the time and place of filing bids and the approximate amount and location of the timber, and will refer intending purchasers to the forest supervisor for full information. Before any notice is published, the applicant is required to deposit with the Special Fiscal Agent of the Forest Service a sum sufficient to cover the cost of advertising. If the depositor be the successful bidder, this amount is credited on the purchase price of the timber; but if the timber is awarded to another, the deposit is returned. If the applicant should fail to bid during the time fixed for filing bids, the deposit may, at the discretion of the Forester, be retained to pay the cost of advertising. A reasonable cash deposit, to be specified in the published notice, must accompany each bid. The right is reserved to reject any or all bids. (See Appendix, pp. 101, 104.)
REG. 39. In sales above $500, allotments, at the highest price offered, may be made to several bidders to prevent monopoly.
REG. 40. After timber has been duly advertised but not sold, all or any portion of it may be sold without further notice by publication, in the manner prescribed for sales without advertisement. (See Appendix, pp. 101, 104.)
REG. 41. The Forester may, for good reasons, in his discretion, permit the cutting and removal of timber in advance of an advertised sale, when the applicant has made a deposit covering the value of the timber to be cut and removed, and has agreed to pay for such timber at the rate of the highest price bid. (See Appendix, p. 140.)
All sales will be numbered in series maintained by each supervisor instead of in State series as heretofore. Every reserve, group of reserves, or division of a reserve which has a supervisor will have a series of approximately consecutive numbers, following that of the last pending sale, or, if none is in progress, beginning at No. 1 with the first application received after July 1, 1905. Each sale must be given its number as soon as the formal application has been favorably considered and before any payment or deposit has been forwarded, in order that the letter of transmittal may bear the number and thus enable the Special Fiscal Agent to give proper credit for the sum received. Since the procedure in sales of class (c) requires the forwarding of deposits before the application is approved by the Forester, it may happen that no sale is made. The number will have been used as a matter of record, however, and must not be applied again, although the result is a break in the consecutive numbering of actually consummated sales. When a ranger makes a sale of class (a) He must number the approved application and the purchaser's letter transmitting payment without duplicating a number used in the same series by another ranger or by the supervisor. In order to prevent duplication, each supervisor will number all application blanks he gives to rangers.
Unless full information is already at hand, the first step after the receipt of any preliminary application is to examine the timber. The most vital question concerning the removal of any living timber is whether it can be spared. To decide this question the approving officer must know whether another growth of timber will replace the one removed or whether the land will become waste; whether the water supply will suffer; and whether the timber is more urgently needed for some other purpose. One of the foremost points to be studied is the reproduction of the forest under various conditions. The number of small trees, their kind, their vigor, the seed-bearing capacity of those which would be left after cutting, the possible destruction of the young growth by logging or fire, must all be considered fully. The growth on similar areas which have been burned or logged affords the best guide in this study.
If the timber may be cut safely, then the best method of cutting must be decided; whether all the trees below a certain diameter should be left to form the next crop, or only selected seed trees; whether the surrounding timber will furnish enough and the right kind of seed; whether the cutting may be unrestricted or confined to strips; or, in other words, what system will be surest to bring about satisfactory reproductions. All this, as well as to fix the quantity and location of material to be sold, requires an accurate knowledge of conditions on the ground sufficient not only to decide upon the original application, but to permit any change which may seem necessary. Therefore, except in small dead timber sales of class (a), or in free use cases, the examination of any tract from which timber is sought must provide for:
1. Mapping.
2. Estimate of timber.
3. Forest description.
4. Recommendations, and reasons for them.
Every report upon a tract of timber recommended for sale must contain a map. Any scale may be used, but what it is must always be stated. The size and scale of maps will be fixed mainly by the size of areas covered by estimates and descriptions. The location of the entire proposed cutting area should be shown upon a single map. This may be as large as convenient to mail and handle, and, if the scale permits, all the other features may be shown upon it also.
(p. 42)
In that case separate block or compartment maps are unnecessary, the blocks being indicated by dotted lines. Very large tracts require location maps on a small scale, showing only the outline of the proposed cutting, the section lines or other location points, perhaps the private lands, if any, and dotted lines to represent the accompanying block maps on a larger scale. The latter may then be as numerous and as large as necessary.
The proposed cutting, as recommended by the examining officer and described in his estimate and description, and not necessarily as suggested by the applicant, must always be clearly defined on the map; so must every part for which there is a separate estimate, description, or recommendation.
Always estimate the timber upon the definite cutting area recommended and shown on the map. An average for any other area of which this tract forms a part is insufficient. The only exception to this rule is when the location of a definite cutting area is impracticable.
If uncertain conditions of sale or differences between the forest officer and the applicant make it likely that the area recommended may be extended or reduced, then estimates for both the larger and smaller area are required. Otherwise the cutting area should be fixed and estimated by itself, without reference to other lands, whether in the same section or quarter section or not. Show the location of survey lines on the map, but the estimate sent in need not cover any land not in the cutting area.
The estimate submitted with an application must be definitely located, so as to show differing local conditions. A large tract should be divided into compartments clearly marked by forest types or natural boundaries. Legal subdivisions are seldom useful. Compartments may be as small as changing conditions of forest of topography require, but should seldom be more than 160 acres in area. Large tracts will require separate estimates for each compartment. A tract of less than 160 acres will require but one estimate unless it contains more than one distinct forest type. Each estimate must refer by number to a compartment outlined and numbered on the map.
(p. 43)
Estimates must be for the kinds and sizes of timber actually applied for. Estimates for other kinds or other sizes will not answer.
A forest description on the form prescribed must be made for each proposed cutting area or compartment. Other facts should be added if necessary. Whenever the forest on different compartments requires different treatment, each should be described separately, and the terms of sale should provide for the needs of each compartment.
Among the points to be covered are: Effect upon waterflow, possible profit in holding the timber for a future higher price, the need for the timber, the possibility or difficulty of getting it elsewhere, the reliability of the applicant, and the price which should be obtained. The latter is of great importance, especially in sales not requiring advertising, and should be decided not by custom or habit, but by the actual value of the timber as determined by its character, ease of logging, and distance from market. Timber on a gentle slope and near a mill or drivable stream may be worth more than twice as much as less accessible timber. The forest officer should find out the cost of marketing all material and recommend prices which will make it all about equally desirable.
If the space for recommendations in the description blank is insufficient additional sheets may be used. The description of each one of several compartments on one tract must contain separate recommendations unless all compartments are to be handled alike.
If the forest officer decides to recommend a sale he will explain to the applicant all the requirements of the regulations, and the special conditions for that particular sale. All points about the proposed cutting must be discussed fully before the application is made out. The following points must be considered, so far as they apply, and the forest officer will add others when necessary:
(p. 44)
1. To what minimum breasthigh diameter should cutting be allowed?
2. Should seed trees be left; and if so, how many to the acre?
3. To what diameter in the tops should trees be utilized?
4. Should the brush be poled, and in what manner?
5. Should the purchaser clean up down timber not cut by him, burn brush, burn tops and lops, etc.?
6. How low should the stumps be (usually not higher than the tree is thick)?
7. Should felling be done with saws?
8. Should hewing be allowed except at skidways and openings?
9. During what months should cutting be allowed? (This depends on the danger of destructive insects breeding in freshly cut timber.)
10. What material may be used for skidways, road material, and camps, and should it be paid for?
11. Where should applicant be allowed to locate camps, roads, dams, etc.?
12. Should cutting be restricted to the smallest area possible, or may it be scattered over a large tract?
In applications for dead timber the following points should also be considered:
1. Should all, or only standing, dead timber be taken?
2. Should all wood sound enough for fuel be taken?
3. Should all above a given size (what size?) be taken?
4. Should purchaser pile the unsound portions of down trees from which he uses the sound parts?
Dead timber includes only timber, standing or down, which is actually dead, and in no case trees which are apparently dying. All evergreen trees having any green leaves are classed as living timber. Since deciduous trees, such as tamarack, and most hardwoods, have no foliage in winter, special care is needed to decide when they are dead. Trees dead at the top and green below, generally called spike-topped trees, are classed as living, and must never be cut under dead timber permits. The dead portion may, however, be scaled and charged for as dead timber.
Except when specially agreed, the purchaser will not be required to cut timber which may die after the date of sale, or to dispose of unsound material which was sound at that time, unless reasonable diligence on his part would have prevented the loss.
If the applicant agrees to the conditions as explained to him, a formal application is prepared according to the instructions given above for each class of sales. The quantity and location of timber described is based upon the forest officer's examination, and must agree with the map, estimate, and description. All conditions and restrictions to govern the cutting must also be included.
Sale No. _____, _____ Forest Reserve.
_____ hereby apply to purchase _____ located _____.
_____ have forwarded to the Special Fiscal Agent at Washington, D. C., $_____, to be applied _____ and agree to pay, if this application is approved, _____.
_____ further agree, should the sale be awarded _____, to cut and remove said timber in strict accordance with the following (and all other) regulations governing timber sales, now or hereafter prescribed by the Department of Agriculture:
1. No timber will be removed until it has been measured by forest officer.
2. No timber will be removed until it has been paid for.
3. Timber will be cut only on the area designated by the forest officer.
4. Double the contract price will be paid for any merchantable timber cut and left in the woods.
5. All merchantable timber used in buildings, skidways, bridges, road building, or other improvements, will be paid for at the contract price.
6. No unnecessary damage will be done to young growth, or to trees left standing.
_____ further agree to comply with the following special conditions:
1. No living trees less than _____ inches in diameter at a point _____ feet from the ground will be cut.
2. Stumps will not be cut higher than _____ inches.
3. All trees cut will be used to a diameter of _____ inches in the tops.
4. Tops will be lopped and piled compactly at a safe distance from living trees _____.
5. All dead timber will be cut which is sound enough for _____.
6. Unless extension of time is granted, all timber will be cut and removed within _____ year-- from date of approval of sale.
7. _____.
8. _____.
9. _____.
_____ further agree to furnish, if required, a satisfactory bond for faithful compliance with all of the above requirements.
_____ _____. Approved, and sale granted under the above conditions.
_____ _____.
Date _____ _____.
When the sale of any green timber is assured, the supervisor will order the marking of all trees to be cut. This is imperative. Where only dead timber is purchased, and there is no danger that living timber will be cut, the forest officer may, instead of marking every tree, blaze and mark the boundary of the cutting area and instruct the purchaser in the manner of cutting.
Standing timber must be marked with "U. S." marking hammer near the ground, so that every stump will show the mark. Where snow may conceal the marking from the cutters, each tree must also be marked at a point several feet from the ground.
The officer in charge must see that the cutting is confined to the least possible area, and not scattered here and there over the entire tract. So far as practicable, all branches of the logging operations must keep pace with each other. Brush piling must never be allowed to fall behind the cutting and removal of logs, ties, and other material. The ground must be cleared as fast as the work proceeds.
The best way to pile brush and refuse is not always the same, but the object is always to insure easy and clean burning as soon as possible, with the least injury to standing timber and seedlings. The piles should be compact and large enough to kindle easily and burn clean without repiling. When possible, they should not be nearer than 15 feet from standing green trees or dead trees having many branches or a covering of moss which might be ignited. Where the density of the standing timber makes this impracticable, openings should be made by the cutting or, if this cannot be done, the piling should be near the least valuable trees and where there is least danger of the fire spreading.
All timber must be scaled by a forest officer before it is removed from the tract of from the points where it is agreed that scaling shall be done. Each stick of saw logs, timbers, poles, and lagging must be scaled separately. Rough averaging of diameters or lengths is not allowed. The Scribner rules will be used in all cases.
(p. 48)
Ties may be actually scaled, or reckoned as follows:
Eight-foot ties, standard face, 33 1/3 feet B.M., each; 6-foot ties, standard face, 25 feet B.M., each.
Shake and shingle-bolt material is measured by the cord.
Squared timbers are scaled by their actual contents in board feet with no allowance for saw kerf. Thus, an 8 by 12 inch 16-foot stick contains 128 B.M.
Unsound or crooked logs will be scaled down to represent the actual contents of merchantable material. All partially unsound but merchantable stuff must be scaled, whether removed or not. In ground-rotten timber, butts which, though unsound at the heart, contain good lumber toward the outside, are frequently left in the woods. Where such material will pay for sawing, the forest officer will scale it at what he considers its true value and include it in the amount purchased.
Logs which are not round will be scaled on the average diameter; flats and lagging on the widest diameter.
In the absence of a log rule, or where the position of logs in the pile makes its use difficult, the diameters and lengths may be tallied and the contents figured from a scale table later.
When possible, the purchaser will be required to mark top ends of logs to avoid question when they are scaled to the pile. The forest officer should insist on having one end of piles or skidways even, so that the ends of logs may be easily reached. When the lengths of piled logs are hard to get, two men should work together.
When scaled, each stick of saw logs, timbers, ties, lagging, posts, poles, or piles must be stamped with the United States mark on at least one end, and on both when possible. Cord material, such as wood or bolts, must be stamped at both top and bottom of piles and at least 12 pieces in each cord must be stamped.
All scaling is inside of bark.
Every forest officer who lays off a cutting area and marks or otherwise designates timber to be cut will notify the supervisor when he has done so and report the date when cutting actually begins. On the first and fifteenth day of every month while cutting is in progress he will report to the supervisor, upon the form provided, the amount of timber cut and the condition of the tract. These reports may be omitted when the work stops for some time, as in winter. They will be filed in the office of the supervisor. When the amount cut, as shown by them, reaches that covered by the first payment, whether a partial payment or in full, the supervisor will so notify the Forester upon the form provided. This statement will be independent of any possible further payment, even though a second deposit may be made before the timber covered by the first is cut. Every sale contract provided for a system of separate advance payments, either one or more. The Washington office wishes to know when the purchaser has received the amount of timber covered by each. When it is notified to this effect, and not before, the payment, which so far has been held as unofficial money, is covered into the Treasury. By this system the whole payment, if there is but one, and the one under which cutting is actually progressing, if there are more than one, is retained as unofficial money until the sale is complete, so that the purchaser may be reimbursed if he fails to secure the amount of timber paid for.
This page created by Arleen Fields
USDA Forest Service History Collection