ROADS AND TRAILS.
REG. 48. Wagon roads and trails may be constructed, changed, widened, extended, or repaired upon forest reserve lands when needed, but permit or right of way must first be secured. Permits will not give the right to exclusive use, or to charge toll, or against future disposal of the land by the United States. Applications must be made directly to the supervisor or through a ranger; never to the Washington office.
Investigation will be made and all points will be fully discussed with the applicant, who should accompany the forest officer over the ground if required.
An application upon the form prescribed, based upon the investigation and describing both the privilege sought and the conditions of its allowance, will then be filled out in duplicate by the forest officer and signed by the applicant. If a ranger is the examining officer, he will indorse both copies and forward them to the supervisor for action, together with a written report.
REG. 49. Road districts, counties, or persons and noncommercial corporations which are entitled to the free use privilege may, in the discretion of the supervisor, be granted, with a permit for road or trail construction, the right to use not over $100 worth of timber free in such construction without prejudice to any application they may make in the same year for material for other purposes. If not more than $100 worth is necessary, but the applicant is not entitled to the free use privilege, he must buy the timber required under the regulations governing timber sales.
REG. 50. All applications for road or trail construction involving the use of more than $100 worth of reserve timber must be submitted to the Forester for approval, with report and recommendations. He will also decide whether the timber may be used free or must be purchased.
If not more than $100 worth of timber is to be used free, the supervisor's approval of the application makes it a permit, one copy of which is returned to the applicant and one kept in the supervisor's office. If not more than $100 worth of timber is to be sold for construction of the road, the sale is conducted by the supervisor, as usual.
If more than $100 worth of timber is to be used, the supervisor will transmit both copies of the signed application to the Forester, accompanied by a report and his own recommendations. If the application is approved by the Forester, one copy signed by the applicant is retained in the Washington office, the other, which becomes a permit by the approval of the Forester, is returned to the applicant, and a third copy is made and sent to the supervisor. If the timber must be secured through purchase, a regular application must be sent to the Forester, together with the road application.
If a supervisor or the Forester receives a formal signed application which must be modified before being approved, he will prepare and approve revised copies and return them for signature by the applicant.
REG. 51. A county road established prior to the creation of the reserve may be changed, widened, or repaired by the county authorities without permit if the operations are within the right of way fixed for such roads by the State law.
Any attempt to abuse this privilege, such as the unnecessary use of material or the leaving of dangerous refuse, should be forbidden, and if necessary, reported to the Forester for instructions.
REG. 52. The use of material from outside the right of way, or the construction of new road, by a county, require a permit exactly as in the case of private individuals. In emergencies, however, supervisors or road districts, or others, may make any necessary immediate repairs without permit, making informal report to the nearest forest officer at their earliest opportunity.
REG. 53. Roads for the benefit of mining claims, when outside their boundaries, are not considered as assessment work by the Department of the Interior, and can be built over reserve lands only under permit.
Action or report upon an application for road or trail permits should take account of:
1. Location and length, to be shown by map. In important cases accurate survey and map must be furnished by applicant.
2. Title of land to be traversed. Show on map any patents or claims.
3. Character of forest reserve land involved; timbered, burned, or open.
4. Width of road and width which should be allowed to be cleared. Quantity, kind, and value of forest reserve timber to be cut in clearing.
5. Quantity, kind, and value of forest reserve timber, other than that necessarily cut in clearing, to be used in construction.
6. Should this timber be allowed free or be sold? (If sale application is necessary, it should accompany report to avoid delay.)
7. Necessity for the road or trail.
8. Possible injury to reserve or private interests.
9. Possible complications on account of private lands or prior rights of way.
10. Desirability of fixing a standard of excellence for the proposed road or trail.
11. Disposition of refuse.
APPLICATION FOR RIGHT OF WAY PRIVILEGE.
No. _____, _____ Forest Reserve.
_____, the undersigned, hereby apply for permission to use a right of way for a _____ (road, ditch, or other right of way, stating width and length. Reservoir or tank site, stating area), located as shown on the attached map and described as follows: _____ (Describe the terminal points, direction and lands traversed, if right of way; the tract to be occupied, if dam, tan, or reservoir site), and to construct and maintain thereon a _____ (describe proposed improvement) for the purpose of _____ (object to be served or demand to be supplied. Show clearly whether enterprise is personal or commercial). _____ hereby certify that _____ have secured permission from all owners or claimants of any private lands or claims to be occupied in connection with the privilege sought, and that, to the best of _____ knowledge and belief, the privilege will not in any way involve interference with any legal or just right of other persons.
_____ agree, should this application be approved, to comply with all regulations and instructions of the Department of Agriculture governing forest reserves, and with the following special conditions:
1. The forest reserve timber used in clearing for and establishing the _____will be taken _____ (from right of way or elsewhere. State whether through purchase.)
2. Only timber will be cut, except under permit, and no unnecessary damage will be done to young growth and trees left standing.
3. All cutting and disposition of refuse will be done by _____ under the direction of the forest officers.
4. _____ will pay the United States for any damage sustained by reason of _____ use and occupation of the forest reserve, regardless of the cause and circumstances under which such damage may occur.
5. _____ (Any further conditions required in the case).
6. _____.
_____ further agree, if required, to give satisfactory bond for faithful compliance with all of the above requirements.
(Signed) _____ _____,
(Post-office address)
Dated at _____,
_____, 190_.
Approved and permit granted for a period of _____.
_____ _____.
_____, 190_.