SPECIAL OCCUPANCY PRIVILEGES.
REG. 42. Hotels, stores, mills, summer residences, and similar establishments will be allowed upon reserve lands wherever the demand is legitimate and consistent with the best interests of the reserve.
The use of tracts of not to exceed 2 acres for schools and 1 acre for churches is specifically provided for by law, subject to regulation by the Department and any other disposition of the land by the Government. Timber for the construction of church and school buildings may be secured under the free use and sales regulations. (See Appendix, p. 103.)
REG. 43. Application for special occupancy privilege must be made to the supervisor, who will transmit it, with report and recommendation, to the Forester. The Forester may approve the application, with such restrictions as to area, time, terms, and surely as he may deem best, and may extend or renew any permit in his discretion.
REG. 44. Any occupancy permit may be conditional, in the discretion of the Forester, upon the agreement of the applicant to pay a rental, not to exceed a stipulated amount, when called upon to do so.
REG. 45. Occupancy under permit secures no right or claim against the United States, either to the land or to compensation for any improvements upon it, beyond the privileges conferred by the permit.
REG. 46. Occupancy without a permit, or continued after violation of the terms of the permit, or after its expiration, constitutes trespass.
REG. 47. Permits to inclose and cultivate agricultural land within forest reserves may be granted by the Forester subject to the foregoing conditions, except that no single applicant will be permitted thus to occupy more than forty acres and that any permit may be revoked at any time.
Application for a special occupancy permit should be made about as follows:
I (or we), the undersigned, hereby apply for permission to occupy for a term of ---- years a tract of ---- acres situated (describe location), for the purpose of (state purpose), and to construct thereon (describe buildings and improvements necessary).
The tract desired is (open, burned, timbered. If the latter, describe growth). There will be required to build improvements (approximate quantity, board measure) of (kind of timber; dead or living), to be taken from (if not from the tract, state from where).
This privilege is desired because (state any pertinent facts).
If this application is approved, I (or we) will execute an agreement to observe the regulations governing forest reserves and such special conditions as are required.
(Signed) _____ _____
_______
(Post-office address.)
Investigation will be made by a forest officer, who will fully explain to the applicant the regulations governing special occupancy privileges and make a written report covering the following points (nos. 6, 7, 8, and 10 may be omitted in case of school and church applications):
1. Size and location of tract involved, describing fully by reference to known points if unsurveyed and by legal subdivision if surveyed.
2. Title of land. If under claim, how and by whom? Can permit properly be given by the United States?
3. Character of land; whether suitable for the purpose desired. If timbered, describe the stand and name the species.
4. Existing improvements, if any. By whom made and may applicant properly use them?
5. If any reserve timber will be required for improvements should it be allowed free or by sale? (If free use permit or sale is necessary, examining officer should see that proper application is made and should transmit it with this report.)
6. State whether the desired privilege will involve monopoly of a location specially desirable for any purpose, or otherwise enable the applicant to hinder others in the use and enjoyment of the reserve.
7. If the Department should allow occupancy under lease only, what annual rental should be charged?
8. What is the applicant's reputation and financial standing?
9. Recommendations of the examining officer, with any other information required.
10. If approval is recommended, whether bond should be required and in what sum.
11. If the application is for a sawmill the report must cover these additional special considerations:
a. Kind and size of mill. Capacity and output.
b. Kind of products to be manufactured.
c. Source of timber to be sawed.
d. Disposal of refuse.
This report will be submitted to the supervisor,
who will see that it is complete and will then forward it, with the application
and his own recommendations, to the Forester for action. If the Forester
approves the application, an agreement will be prepared in triplicate in
the Washington office and forwarded for execution , one copy to be retained
by the applicant, one by the supervisor, and one to be returned to the
Forester. If bond is required it will accompany the agreement for execution.