Chapter IV: The Sale and Rental of National Forest Resources (1)

The timber, the pasture, the water and mineral resources and the land in the National Forests are for the use of the people, and they may be obtained for legitimate use from the local Forest officers without delay. In fact, the Forest Service is doing all it can to encourage all kinds of business which depends upon National Forest resources.

THE SALE AND DISPOSAL OF NATIONAL FOREST TIMBER

There has been a steady increase in the amount and value of the timber cut on the National Forests. During the fiscal year 1917 over 700,000,000 feet of timber, valued at almost $1,500,000, was cut, while almost three times as much was sold. Most of this was cut in the States of Montana, Oregon, Idaho, Washington, California and Arizona.

All mature timber on the National Forests which may be cut with benefit and in accordance with certain well-established forestry principles, is for sale and is advertised and offered as demand arises. The outstanding feature of government timber sales is the fact that only the stumpage is sold, the title of the land remaining with the Government. The timber is sold in any quantity, so long as the sale is in accordance with well-established policy. Large sales require a large initial investment for constructing a railroad or other means for taking out the timber, and may even require the construction of a common carrier from the market to comparatively inaccessible regions.

_Government Timber Sale Policy._ The National Forest timber sale policy, first of all, aims to prevent the loss of this valuable public property through forest fires. This phase of the policy, however, is covered under the chapter on protection. Next, it aims to utilize the ripe timber which can be marketed and to cut it in such a way as to insure the restocking of the land with young timber and the continuance of forest production. The price at which timber is sold represents, as required by statute, the appraised market value and a proper return to the public which owns it. It is disposed of in such a way as to prevent its speculative acquisition and holding, and to prevent monopoly.

National Forest timber has found its way into both the general, far distant market, and the local market. But it is the aim of the Forest Service to first of all provide for the requirements of local communities and industries, including the free use and sale at cost to settlers as authorized by statute. It is also the aim of the Forest Service policy to make timberlands of agricultural value available for settlement under conditions which prevent speculative acquisition but encourage permanent and genuine farming. According to this policy, land which at the present time is covered with a good stand of timber and which has been shown to have a greater value for agricultural purposes is cleared as soon as a bona fide sale can be consummated. And, lastly, it is the aim of this policy to return as soon as possible the cost of protection and administration of the National Forests, and to yield a revenue to the States, since these are entitled by statute to 25 per cent. of all gross receipts as an offset to the loss of local taxes through the government ownership of the forests.

_Annual Yield and Cut._ Each year the amount of timber which can be cut from each National Forest, according to sound forestry principles, is authorized by the Secretary of Agriculture. This cut is based upon the best available data as to the amount of mature and over-mature timber needing removal, and the amount of annual growth on each Forest. At the present time only a small percentage of the authorized annual cut of the Forests is taken. Most Forests cut a very small part of their annual allotment, but a few Forests cut their full annual yield, or nearly so. On some Forests, the entire annual yield is used by local industries and no timber can be sent to the general market; on others a very small part of the annual yield is used by local needs and most of the cut can be sent to the general market. On the Cascade National Forest, in Oregon, for instance, the annual production is estimated at about 200,000,000 feet, while the present local needs can be supplied by approximately 1,000,000 feet. From such a Forest a large annual cut can be made for the general market. On the Deerlodge National Forest, in Montana, on the other hand, the annual yield is estimated to be about 40,000,000 feet, all of which is needed to supply the large copper mines near Butte. From Forests like this, no sales for the general market can be made.

Although the National Forests contain about six hundred billions of board feet of timber, or about one-fifth of the standing timber in the United States, only a small fraction of the available timber is actually disposed of. This is due to the comparative inaccessibility of this timber and the presence of large bodies of privately owned timber which lie between it and the market. The result of this condition is that the bulk of the salable timber on the Forests will be automatically saved until such a time when most of the privately owned timber has been cut. In this way, future generations will benefit and the public will receive a much better price for it years hence than they could possibly obtain now.

_Timber Reconnoissance._ Before any timber can be sold to advantage, however, it is necessary to take an inventory of the timber resources. In other words, it is necessary to know where the timber is, how much there is, and what can be done with it. This timber estimate, or timber reconnoissance, as it is called, is also needed to settle questions of title arising from the presence of patented lands or valid claims; to determine if cutting is advisable on a given area, and, if so, under what stipulations; and to fix the minimum price at which stumpage is to be sold. The annual yield, or the amount of timber grown or produced annually upon an area, must be the ultimate basis of the annual cut, and this yield can only be computed after an inventory of the timber has been made.

Timber reconnoissance (valuation survey or valuation strips) involves an estimate of the standing timber by small legal or natural subdivisions of land, with the necessary land surveys, the preparation of an accurate topographic and forest type map, and the compilation of detailed descriptive notes. These notes deal with the condition and character of the timber, the most practical methods of exploitation, the extent and character of the young growth, and many other factors which affect the management of timber lands. These data are secured at a cost of from 3 to 10 cents per acre, depending upon the accessibility and the topography of the region and the density of the timber. This work is carried on both in the summer and in the winter. Up to date, about 21,000,000 acres have been covered by intensive reconnoissance and about 48,000,000 acres by extensive methods.

_Logging the Timber._ In order that my reader may better understand various matters connected with the disposal of National Forest timber, it will be necessary to give a brief outline of how timber and other forest products are taken from the woods, and the different steps necessary before a green tree in the woods becomes a board or a railroad tie.

The methods of logging used in the National Forests are essentially the same as those used on private lands, with the exception of certain details, such as the protection of young growth, the cutting of snags, and the disposal of the brush. The methods used, of course, vary with the locality; they are different for the Pacific Coast, where donkey engines are used, than for the Rocky Mountains, where horses are largely employed. They vary with the climate, the topography, the size of the timber, and the kind of product to be harvested. But a typical logging operation, as carried on in the Sierras of California, will give an idea of how logs are taken from the forest.

In the particular operation which I have in mind the timber was located on the western slope of the mountains between 3,500 and 5,000 feet in elevation. The slopes were of medium steepness and much of the timber was on level benches. The large sawmill was located at the lower edge of the timber and the logging camp was in the woods near the cutting. The felling of the trees, which were from 3 to 6 feet in diameter, was done by two men with a two-man saw. These men are the "fallers." Two men then cut the tree into logs and still other men called "swampers" cut the brush and fallen trees away so that the newly cut timber can be "skidded" to the railroad. This "skidding" is done by a powerful, steam-driven stationary donkey-engine, which is fitted up with a long cable and a drum. After the log is attached to the cable out in the woods by means of a "choker," the man in the woods gives the signal and the engine starts, revolving the drum and winding up the cable at the same time pulling the log towards the engine. Just beside this engine is a platform from which the logs are loaded directly on flat cars. When six or eight flat cars are loaded in this manner a locomotive hauls them to the sawmill where they are sawed into boards. In this case as soon as the boards were cut they were placed in a flume in which there was a strong stream of water. In this they floated about 40 miles to a town in the valley below directly into the company's lumber yard.

In the Rocky Mountains one of the main forest products derived from the National Forests is railroad ties. On the particular operation with which the writer is familiar the Government had sold to a tie operator about 3,000,000 railroad ties under a long term contract. This tie operator had a large contract with a railroad company. The area of the sale, several thousand acres, was divided or surveyed into long strips each 100 to 150 feet wide and from one to one and a half miles long. A large camp and commissary was established on the area. There were about 100 tie choppers and each man was assigned to a strip. On these strips the trees to be cut were marked by a Forest officer. Trees too small to make ties were left as a basis for a future tie operation in from forty to fifty years.

The tie choppers usually worked alone. They first felled the tree with a saw, cut the lower limbs off, and marked off the ties on the bark to see how many ties could be cut from the tree. The tree was then "scored" with an ax on both sides in order to start making the two flat faces of the tie. These sides were then chipped with a "broad ax," thus making two smooth faces. The bark was then peeled from the other two faces and the tree was then cut into finished ties. After the ties were made the top of the tree was lopped, that is, the branches were cut from the trunk. In this operation these branches were scattered evenly over the ground. The tie chopper then cleared a road through the middle of his strip and "parked" his ties on the road. He then stamped his private mark on each tie. In the winter the ties were "hauled" on large sleds to the river bank. Each tie chopper's ties were put in a separate pile so that the company's scaler could count them and credit them to the man that made them. In the spring, when the river's banks were full, the ties were "driven" down the river to the shipping point, usually a town on a railroad line.

A Forest officer is detailed to an operation of this kind to inspect the choppers' work and count and stamp the ties. He sees to it that all trees that have been marked for cutting are cut, that no trees not marked have been cut, that young growth is not unnecessarily injured, that the stumps are not left too high, that the tops are fully utilized, that the slashing or brush is disposed of according to the contract, and that the operator is keeping all his agreements in the contract.

_The First Step in Purchasing Government Timber._ After the desired body of timber has been located, the first step for any one desiring to purchase government timber is to communicate with an officer of the National Forest in which the timber is located. If only a small amount is desired--less than $50 in value--the local Ranger can arrange to make the sale without delay. Amounts valued at more than this can be sold only by the higher officials of the Service, that is the Supervisor, District Forester, or the Forester, according to the size of the sale. The Supervisor can sell up to two million feet; larger sales are made by the District Forester or the Forester. All sales exceeding $100 in amount must be advertised, except those made to homestead settlers and farmers in a private sale. Sales are advertised in order to secure the largest number of bidders possible and thus prevent the monopoly of large bodies of timber by large timber operators.

_Procedure in an Advertised Sale._ After the applicant has selected the body of timber he wishes to purchase, he is furnished by the Supervisor with a sample application stating the area, estimated amount, minimum stumpage price, period allowed for cutting and removing the timber, and other conditions to be complied with, following as closely as possible the form of the final sale agreement. Usually, also, the purchaser is interested in the amount of timber which he may cut per acre. For this reason he visits sample areas on which the trees have been marked for cutting. A notice of the sale of the timber is then published, the choice of mediums and number of insertions depending upon whether the sale is of local, regional, or general interest. This notice describes the timber, gives the minimum stumpage prices that will be accepted, and specifies the date upon which sealed bids will be received. The period of advertising is at least 30 days, and in large sales from 3 to 6 months. Forms for bidding are furnished to the original applicant and others who signify their intention to bid. A deposit is required with all bids to show the good faith of the bidder. In large transactions this deposit is usually from 3 to 5 per cent. of the purchase price. On the date specified in the advertisement the Supervisor (or District Forester) opens all bids received and awards the sale to the highest bidder. The sale contract is then prepared and executed by the purchaser.

A specific statement of financial ability is required in all sales of ten million feet or more, and in smaller sales in the discretion of the approving officer. Such a statement may be required before the approval of the sale application, either formal or tentative, and in any event before the timber is awarded to the successful bidder. The contract must be supported by a suitable bond given by two responsible sureties or by a surety company authorized to do business with the United States.

_Timber Sale Contract Clauses._ The sale contract contains in full all the conditions under which the cutting is to be done. In all sales of National Forest stumpage the contract provides that no timber shall be cut until it has been paid for, and that it shall not be removed until it has been scaled by a Forest officer. All live timber is marked or otherwise designated before cutting, and any merchantable timber used for logging improvements, such as houses, bridges, stables, etc., must be scaled and paid for. In order to secure full utilization of the timber the maximum stump height is ordinarily fixed at 18 inches, and merchantable timber must be used to a specified diameter in the tops, which is adjusted for each species in accordance with local manufacturing and market conditions. The officer in charge of the sale is authorized to vary the stump height and top diameter in individual cases when those specified in the contract are not practicable. The tops must be trimmed up and, as a rule, brush must be piled and burned, or burned without piling under the direction of Forest officers. Merchantable timber which is not cut and removed and unmarked trees which are cut must be paid for at double the specified stumpage rates. This extra charge serves as a penalty.

All camps, buildings, railroads, and other improvements necessary in logging and manufacturing the timber may be constructed upon National Forest land without charge. Railroads which open up inaccessible regions may be required to be made common carriers or to transport logs and lumber for other purchasers or for the Government at reasonable rates.

Since fire protection is one of the most important duties of the Forest Service, provision is made in all contracts that the purchaser must place himself and employees, as well as the employees of his contractors, at the disposal of authorized Forest officers for fighting fires. Reimbursement is made for such services at the wages in vogue for fighting fires on the National Forest in question, unless the fire threatens the timber of the purchaser or property of the operator, or is started in connection with the operation. Under these conditions the purchaser is expected to furnish his available employees to assist the Government in fire fighting without charge. Efficient spark arresters are required on wood and coal burning boilers or locomotives. Inflammable material must be cleaned up in the vicinity of logging engines, and other precautions taken to insure against fire spreading from this source. Snags and diseased trees upon the sale area must usually be felled, whether merchantable or not, in order to remove fire menace and to check the spread of timber infestations and pests.

_Special Contract Clauses._ Special clauses are inserted in contracts to meet peculiar and unusual conditions. These deal with the number of men the company is to furnish for brush burning; the time of the year this work is to be done; the construction of fire lines; the manner of scaling timber; the manner of piling and the location of piles of material to be scaled; the definition of a merchantable log; the utilization of tops; the manner or method of logging to be used; the location of improvements; the use of timber for the construction of improvements; the disposal of improvements at the termination of the contract; where cutting is to begin and how fast it is to proceed; the percentage of merchantable timber to be reserved in marking; and other special clauses recommended by the Bureau of Entomology for the sale of insect infested timber.

That the Forest Service timber sale policy and the various timber sale clauses have met with the approval of the lumbermen and the timber buyers of the Western States is attested by the fact that in the last ten years (from July 1, 1907, to June 30, 1917) there have been nearly 75,000 purchasers of National Forest timber and that between these two dates the annual number of timber sales has increased from 5,062 in the fiscal year 1908 to 11,608 in the fiscal year 1917. No better evidence could be cited of the confidence which the lumbermen have in the Forest Service method of doing business.

_When the Operation May Begin._ As soon as the contract has been executed and the first payment has been made a portion of the timber is marked for cutting and the purchaser may begin operations at once. Sometimes cutting in advance of the execution of the contract is allowed to prevent serious hardship and unnecessary delay and expense on the part of the purchaser.

_Marking the Timber for Cutting._ In order to insure a proper restocking of the ground, all live trees must be marked or otherwise designated by a Forest officer before cutting can commence. Usually from 1/10 to 1/3 of the stand is reserved, either scattered over the entire tract or distributed in groups. These trees are left for various reasons, depending upon circumstances. The most important consideration is, of course, to leave enough seed trees to restock the cut-over area. On steep slopes a certain number of trees must be left to protect the watershed and to prevent the erosion of the soil. Many species of trees are subject to windthrow when the stand is thinned out. To counteract this tendency a sufficient number of trees must be left to prevent the wind from getting an unobstructed sweep. In many semi-arid portions of the West additional trees must be left standing to protect the forest from excessive drying and to prevent the ground from being occupied by useless tree weeds and brush. Often, especially along highways, trees are left for their scenic effect. From an economic standpoint it is important sometimes to leave trees in order to make a second cut worth while.

Where only dead timber is purchased, and no living trees are cut, or where patches of forest are to be cut clean, Forest officers, instead of marking every tree to be removed, blaze and mark a boundary of the cutting area or patch and instruct the purchaser accordingly. Where individual trees are marked they are blazed and stamped "U. S." next to the ground on the lowest side of the stump. Additional blazes may be made several feet above the ground whenever desired by the purchaser for the convenience of his "fallers" or where deep snow may conceal the lower mark from the "fallers." Where both kinds of blazes are used, one man, in fairly dense pine timber, can mark from 500 to 1,000 trees in a day. Under no condition may unmarked or undesignated trees be cut by the purchaser.

The system of marking and the proportion of the timber to be cut is explained to purchasers by marking sample areas before the contract is executed. The cost of logging under the methods of marking adopted is compensated fully in the stumpage appraisal.

_Scaling, Measuring, and Stamping._ Unless timber is sold by estimate, it must be scaled, counted, or measured before it is removed from the cutting area or place agreed upon for this purpose. In addition it must be stamped by a Forest officer with a regulation marking ax or similar instrument. Payment is made upon the actual scale, count or measure, with due allowance for defect.

All National Forest timber is sold under specifications which are in accordance with those in commercial use, such as logs by the thousand board feet, ties by the piece, poles by length and top diameter, shingle bolts by the cord, and mining timbers by the linear foot. All logs are scaled at the small end.

All saw timber is scaled by the Scribner Decimal C log rule. In order to permit scaling at reasonable cost to the Forest Service, purchasers may be required, where the cost of logging may not be unduly increased, to skid and pile the logs for scaling. Piles and skidways must be constructed so as to permit economical scaling and when necessary and practicable the purchaser is required to mark the small ends of the logs to avoid misunderstanding when they are scaled on the pile.

Logs or other material that has been scaled or measured are designated by a "US" stamp impressed in the wood so that the material may not be scaled again by mistake. Each merchantable log scaled is stamped on at least one end and unmerchantable or defective logs are stamped "US" in a circle. Material other than saw logs, such as mine timber, ties, posts, poles, or piling, after scaling, is stamped on at least one end. Cord wood is stamped at both the top and bottom of each rick.

On all National Forests except those in Alaska and west of the summit of the Cascades in Washington and Oregon, logs over 16 feet are scaled as two or more logs as far as practicable in lengths of not less than 12 feet. In Alaska and parts of Oregon and Washington logs up to and including 32 feet in length are scaled as one log; logs from 32 to 64 feet inclusive are scaled as two logs as nearly equal in length as possible in even feet. All diameters are measured inside the bark at the top end of the log and diameters are rounded off to the nearest inch above or below the actual diameter.

In the case of logs each one is numbered and the number entered in a scale book with the corresponding board foot scale of the log. In the case of ties, posts, poles, mining timbers, etc., each pile or skidway is numbered and the count or scale entered opposite the corresponding number in the scale book.

_Disposal of Slash._ One of the most important features in National Forest timber sales is the disposal of the brush or slash after logging. On account of the great diversity of conditions which obtain on the Forests, the best way to dispose of brush is not everywhere the same. Piling and burning is required where the fire risk is great; otherwise the method promising the best silvicultural results is used.

When piling and burning is necessary, all tops and débris, including large chips made from hewing ties, are piled at a safe distance from standing trees. The piles are not allowed to be made in groups of seedlings or young growth, against dead snags, near living trees, or on stumps, large tops or logs, but wherever possible in openings. The piles are adapted to the size of the opening in which they are made and must be made sufficiently compact to kindle easily and burn cleanly. The ideal pile is of medium size, conical in shape, compact, from 5 to 7 feet in diameter at the base and from 4 to 5 feet high. Brush piling and burning is an art which can only be acquired after long experience.

Brush is scattered whenever this method promises the best silvicultural results, unless there is serious danger from fire on account of dense timber and reproduction. The scattered brush is intended to afford protection to seedlings from excessive transpiration and from trampling by stock and to protect the soil from erosion.

Ground burning may be advisable where clean cutting has been employed, to expose the loose mineral soil for better seed germination. When this method is used the purchaser is required to clear a fire line around the area to be burned and to furnish adequate help to the Forest officer who supervises the burning.

Frequently brush is burned as the cutting progresses. Fires are started at convenient points and the brush is thrown on them as it is lopped.

Where brush burning is necessary it is not advisable, ordinarily, to burn over an entire sale area. It is frequently possible to burn the brush so as to form broad fire lines, particularly along railroads or wagon roads. The best times for brush burning are after a light fall of snow or rain, early in the spring before the snow has melted or the dry season has begun or during or immediately after summer rains. Brush disposal must always keep pace with logging except when the depth of snow or other reasons make proper disposal impossible. Often the brush must lay in piles at least one season before it becomes dry enough to burn.

_Payment for Timber._ Payment must be made for all timber in advance of cutting. This, however, does not imply that one advance payment must be made to cover the stumpage value of all the timber included in the sale. Frequent installments are allowed sufficient usually to cover the cut of one or two months.

This arrangement makes it possible to secure large tracts of National Forest timber at a very slight initial outlay and to hold them with almost no interest charges. The other usual carrying charges, namely, taxes and fire protection, are eliminated. The timber is protected from fire by the United States throughout the life of the contract. The money deposited to secure cutting in advance of the execution of the contract may be credited towards the amount to accompany the bid.

_Stumpage Rates._ The minimum stumpage rates applicable in each proposed sale are determined by a careful study of the conditions in the particular case. Stumpage rates are the actual market value of the timber. They are based upon the quality of the timber and the character of its commercial products; the estimated cost of logging, transportation, and manufacture; the investment required on the part of the operator; the selling value of the product; and a fair profit to the purchaser. The estimated profit depends upon the size and the permanency of the operation and the degree of risk involved. The cost of brush disposal, protection of young growth, logging only marked timber and other requirements of the Forest Service is fully considered in appraising stumpage rates.

Timber is ordinarily appraised at the rates indicated for the most valuable products to which it is suited and for which an established market exists. Merchantable dead timber is appraised at the same rate as green timber of the same species unless it is clearly shown that the products manufactured from it command a lower market price or that logging costs are higher.

_Cutting Period._ Ordinarily the cutting period allowed in each sale is only sufficient to permit the removal of the timber at a reasonable rate, approximately equivalent to the working capacity of the plant. Sales of accessible timber usually do not exceed 5 years in length. However, in the case of inaccessible tracts requiring a large investment for transportation facilities an exception is made and periods of from 15 to 20 years may be granted.

_Readjustment of Stumpage Rates._ In all sales exceeding 5 years in length provision is made to have the stumpage rates readjusted by the Forester at the end of three or five year intervals to meet changing market and manufacturing conditions.

_Refunds._ Deposits to cover or secure advance cutting or to accompany bids apply on the first payment if a sale is awarded to the depositor; otherwise they will be refunded. Refunds are also made to the purchaser if the last payment is in excess of the value of the timber that is cut.

THE DISPOSAL OF TIMBER TO HOMESTEAD SETTLERS AND UNDER FREE USE

Besides selling the timber and other forest products outright, as has just been described, some timber is sold to settlers at cost and much timber is given away to the local people under the free use policy.

_Sales to Homestead Settlers and Farmers._ Sales to homestead settlers and farmers are made without advertisement in any amount desired, at the price fixed annually for each National Forest region of similar conditions by the Secretary, as equivalent to the actual cost of making and administering such sales. Only material to be used by the purchaser for domestic purposes exclusively on homesteads or farms is sold in this way. Such uses include the construction or repair of farm buildings, fences, and other improvements and fuel. Such sales are restricted to mature dead and down timber which may be cut without injury to the forest.

_Free Use._ Free use of timber is granted primarily to aid in the protection and silvicultural improvement of the Forests. Hence the material taken is, except in unusual cases, restricted to dead, insect infested and diseased timber, and thinnings. Green material may be taken in exceptional cases where its refusal would clearly cause unwarranted hardship. The use of such material is granted freely: (1) To bona fide settlers, miners, residents, prospectors, for fire wood, fencing, building, mining, prospecting, and other domestic purposes; and to any one in case its removal is necessary for the welfare of the Forest; (2) for the construction of telephone lines when necessary for the protection of forests from fire; (3) to certain branches of the Federal Government. Free use is not granted for commercial purposes or of use in any business, including sawmills, hotels, stores, companies or corporations. Such persons are required to purchase their timber.

The aggregate amount of free use material granted annually to any user must not exceed $20 in value, except in cases of unusual need or of dead or insect infested timber, the removal of which would be a benefit to the forest, or in the case of any timber which should be removed and whose sale under contract cannot be effected. In these cases the amount may be extended to $100. Supervisors have authority to grant free use permits up to $100, District Foresters up to $500, and larger amounts must have the approval of the Forester.

Free use material is appraised in the same manner and in accordance with the same principles as timber purchased under sale agreements. The valuation of such material is at the same rate as that prevailing for similar grades of stumpage in current sales in the same locality.

The magnitude of the free use business may be appreciated from the fact that during the fiscal year 1917 there were 41,427 individuals or companies who received timber under this policy. The total amount thus given away was 113,073,000 board feet valued at over $150,000.

Permits for this use are required for green material, but dead timber may be taken without a permit. Supervisors designate as free-use areas certain portions or all of any National Forest and settlers, miners, residents, and prospectors may cut and remove from such areas free of charge under Forest Service regulations any timber needed for their own use for firewood, fencing, buildings, mining, prospecting, or other domestic purposes.

Material cut under free-use regulations must not be removed from the cutting area until scaled or measured by a Forest officer. In some cases this requirement is waived when by it the needs of the users are met with greater dispatch and the cost of administration is thereby reduced. The free-use applicant is required to utilize the trees cut in accordance with local Forest Service practice and he is required to avoid unnecessary damage to young growth and standing timber.

TIMBER SETTLEMENT AND ADMINISTRATIVE USE

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 is not necessary to advertise it for sale, but payment therefor is required at not less than the minimum rate established by the Secretary of Agriculture. Timber removed in this way is usually scaled, measured, or counted and the procedure is identical with that of a timber sale. But where timber is destroyed or where it is not worked up in measurable form or where the cutting is done in such a way that scaling is impracticable, settlement is required on the basis of an estimate.

In 1912 a new branch of the Southern Pacific Railroad was built across a portion of the Lassen National Forest in California. The company was going to use some of the timber, but most of it was to be destroyed or disposed of in the easiest manner. Scaling was impossible, so the company paid for the timber--about $10,000--on the basis of a careful estimate made by the writer, then Forest Examiner.

The charge for all such timber is made on the basis of the current stumpage rates for timber of like quality and accessibility included in sales for all classes of material which have to be cut or destroyed and which are commonly salable on the Forest.

Timber is often used by the Forest Service itself in the administration of the National Forests. The Forester, District Foresters, and the Supervisors are authorized to sell or dispose of under free use or otherwise, within the amount each one is authorized to sell, any timber upon the National Forests when such removal is actually necessary to protect the Forest from ravages or destruction, or when the use or removal of the 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 RENTAL OF NATIONAL FOREST RANGE LANDS

The forage crop on the National Forests is for the use of the sheep and cattle of the western stockmen and it is procured by means of grazing permits which are issued and charged for upon a per capita basis. The primary objects of the administration of government grazing lands are: the protection and conservative use of all National Forest land adapted to grazing; the permanent good of the live stock industry through the proper care and use of grazing lands; and the protection of the settler and home builder against unfair competition in the use of the range.

_Importance of the Live Stock Industry._ The grazing business, more than any other feature of National Forest management, is immensely practical, because it is immediately concerned with human interests. This industry furnishes not only meat, but leather, wool, and many by-products.

That the National Forests play a big part in the maintenance of this industry there can be little doubt, for it has been estimated recently that 30 per cent. of the sheep and 20 per cent. of the cattle of the far Western States are grazed in the National Forests. The Forests contain by far the largest part of the summer range lands in the far Western States and hence are of paramount importance. The winter grazing lands in the West are so much greater in area than the summer lands, that for this reason also National Forest range lands are in great demand.

_Permits Issued in 1917._ During the fiscal year 1917 more than 31,000 permits to graze cattle, hogs, or horses, and over 5,500 permits to graze sheep or goats were issued. These permits provided for 2,054,384 cattle, 7,586,034 sheep, about 100,000 horses, about 50,000 goats, and about 3,000 hogs. The total receipts for 1917 were over $1,500,000. The gross receipts to the owners of the stock probably exceeded $50,000,000 and the capital invested in the stock no doubt amounted to over $200,000,000.

An idea of the growth of the grazing business may be gotten from the Forest Service statistics for the fiscal years 1908 and 1917. The increase in the number of permits and the volume of the business is due primarily to a better administration and better regulation of grazing interests and more specifically to the increase in the carrying capacity of government lands by wise and restricted use. Between these two fiscal years there was no appreciable increase in the total area of the Forests which would account for the increased business. In 1908 there were issued 19,845 permits for 1,382,221 cattle, horses and hogs; in 1917 there were issued 31,136 permits for 2,054,384 animals. In 1908 there were issued 4,282 permits for 7,087,111 sheep and goats; in 1917 5,502 permits were issued for 7,586,034 sheep and goats. The number of cattle and horses grazed has increased therefore by 50 per cent. and the number of sheep and goats by 7 per cent. The total receipts have increased from $962,829.40 in 1908 to $1,549,794.76 in 1917.

_Kinds of Range, Grazing Seasons, and Methods of Handling Stock._ For the proper understanding of the grazing business on the National Forests it is necessary to know something about the different kinds of range, the length of grazing seasons, and the methods of handling different classes of stock. Sheep and goat range differs materially from cattle and horse range and the proper distribution of stock over a National Forest cannot be effected unless this difference is recognized. Sheep and goat range usually consists of low shrubs or brush and is known collectively as "browse"; cattle and horses subsist mainly upon grass, flowering plants and herbs. Sheep feel more at home on high mountain slopes, while cattle and horses range usually on the lower slopes and in the valleys, and especially in the broad meadows, around lakes and along streams. Sheep are more apt to find feed in the forests, that is under the trees; cattle prefer the open; they usually avoid the forest, preferring to keep out on the open meadows and grassy slopes.

Naturally some ranges have feed at some seasons of the year and other ranges at other seasons. Some of the National Forests in California extend from an elevation of a few hundred feet in the foothills of the great valleys to an elevation of more than 10,000 feet at the crest of the Sierra Nevada Mountains. The lower foothills afford excellent feed soon after the beginning of the fall rains in November and, due to the very mild winter which this region enjoys, there is excellent feed in February and March. This is known as winter range. The medium high slopes of the mountains have a later growing season and the sheep and cattle reach there about June and stay until August or September. Still higher up the forage matures later and the grazing season extends from August until November. At these elevations the snowbanks usually lie until July and the growing season is very short, for the new snow usually buries the vegetation about the first of November. Thus stockmen have what they call "winter range," "summer range," and "fall range," depending upon what seasons of the year the forage crop can be utilized. The National Forests on the whole contain very little winter range, hence stockmen must move their stock in the fall to private lands at lower elevations either where the climate is considerably warmer or where there is very little snowfall. A large part of the western winter grazing lands are in regions of light snowfall, such as at the lower elevations in Utah, Nevada, Wyoming, and Colorado. Here the stock feeds on dry grass. Stockmen who cannot get winter range lands must feed their stock at ranches.

The characteristic habits of sheep and cattle require that they be handled differently on the range. Sheep are herded in bands while cattle are handled in scattered groups. The new and approved method of handling sheep called the "burro system" calls for a burro with the sheep to pack the herder's blankets and provisions. The herder camps where night overtakes him. The herder and his band keep moving over the allotted range from one camp to another until he has covered the whole range. After leaving his last camp he is ready to begin all over again, since the feed near the camp where he began has had two to three weeks' time to grow a new crop. Cattle usually run loose singly or in groups on their allotted range. Usually a range rider is camped on the range to keep the cattle from straying to other ranges. He salts the cattle to keep them on their own range, takes care of cattle that have gotten sick, and takes care of the stock in other ways.

_Grazing Districts and Grazing Units._ The Secretary of Agriculture not only has the authority to regulate grazing and prescribe the schedule of grazing fees to be charged but he also regulates the number and class of stock which are allowed to graze on each National Forest annually.

The ranges within the National Forests are used by the kind of stock for which they are best adapted except when this would not be consistent with the welfare of local residents or the proper protection of the Forests. For convenience in administration Forests are divided into grazing districts. A typical Forest is divided into from 4 to 6 districts which may be natural grazing units, natural administrative units (coinciding with the Ranger districts), or parts of the Forest used by different classes of stock or parts of the Forest having different lengths of grazing seasons. Each grazing district is also subdivided into smaller divisions, units, or allotments. These are usually natural divisions defined by topographic boundaries, such as ridges, mountains, streams, etc., or more or less artificial divisions determined by the class of stock which uses them. For example, cattle and horses ordinarily graze in the valleys along the streams, while sheep and goats graze the crests of ridges and the slopes of mountains and will cross none but shallow streams. Each range division or unit is usually given a well-known local name, such as "Duck Lake Unit" or "Clover Valley Unit." One or more stockmen may be allotted to such a unit, depending upon the size of the unit and the number of animals it can feed. If only one stockman uses it, it becomes an individual allotment. Usually a sheep owner with several large bands of sheep is allotted one large unit adapted to sheep grazing, while a large unit adapted to cattle and horses may be allotted to one large cattle owner or to two or more smaller owners. The manner in which sheep and goats are handled makes individual allotments both practicable and desirable.

The boundaries of range allotments are usually well defined. In the case of sheep they are marked with cloth posters. In most Forests range allotments are fairly well settled. Each stockman gets with his permit each spring a small map showing his own range and the surrounding ranges.

_Who Are Entitled to Grazing Privileges._ The Secretary of Agriculture has the authority to permit, regulate, or prohibit grazing on the National Forests. Under his direction the Forest Service allows the use of the forage crop as fully as the proper care and protection of the National Forests and the water supply permit. The grazing use of the National Forest lands is therefore only a personal and non-transferable privilege. This privilege is a temporary one, allowable under the law only when it does not interfere with the purposes for which the National Forests were created. It is non-transferable because it is based upon the possession of certain qualifications peculiar to the permittee. To understand these qualifications it is necessary to briefly look into the history of the grazing of live stock on the western grazing lands.

By long use of the public lands of the United States for grazing purposes, long before the National Forests were created, stock owners have been allowed to graze their stock upon such lands under certain conditions of occupancy, residence, and ownership of improved lands and water rights. This use, continuing through a long period of years, has, in the absence of congressional legislation, been commonly accepted in many communities, even receiving the recognition of certain of the courts. It was allowed under "unwritten law," as it were, only by the passive consent of the United States, but by force of the presidential proclamation creating National Forests, such passive consent ceased, being superseded by definite regulations by the Secretary of Agriculture prescribed under the authority of Congress. Therefore grazing stock on the Forests, as it was done before the Forests were created, is trespass against the United States. Due to the fact that local stockmen have used certain public ranges year after year by the passive consent of the United States, these stockmen are recognized in these localities as having preference rights or equities in the use of range lands. These equities form the basis upon which grazing privileges are allowed.

Grazing permits are issued only to persons entitled to share in the use of the range within the National Forests by reason of their fulfilling certain conditions or requirements. Prior use and occupancy of National Forest lands for grazing purposes is the first and foremost requirement. Local residence and ownership of improved ranch property within or near the Forest and dependence upon government range are also conditions that may entitle a stockman to grazing privileges. The Forest Service also recognizes those stockmen who have acquired by purchase or inheritance stock grazed upon National Forest lands under permit and improved ranch property used in connection with the stock, provided circumstances warrant the renewal of the permit issued to the former owner. The regular use of a range during its open season for several successive years before the creation of the National Forest and under grazing permit thereafter is what is meant by "prior use" or "regular occupancy." The longer the period or use the greater the preference right. No one can acquire this right to the use of National Forest range, nor can it be bought or sold, but stockmen may acquire a preference in the allotment of grazing privileges. This preference right does not entitle him to continued use of a certain part of a Forest, but only to preference over other applicants less entitled to consideration in the use of the ranges open to the class of stock which he wishes to graze. Certain stockmen may be given preference in ranges secured by prior use and occupancy supplemented by heavy investments in improved property and water rights.

Citizens of the United States are given preference in the use of the National Forests, but persons who are not citizens may be allowed grazing permits provided they are bona fide residents and owners of improved ranch property either within or adjacent to a National Forest. Regular occupants of the range who own and reside upon improved ranch property in or near National Forests are given first consideration, but will be limited to a number which will not exclude regular occupants who reside or whose stock are wintered at a greater distance from the National Forests. With this provision applicants for grazing permits are given preference in the following order:

Class A. Persons owning and residing upon improved ranch
property within or near a National Forest who are dependent
upon National Forests for range and who do not own more
than a limited number of stock (known as the protective
limit).

Class B. Regular users of National Forests range who do not own
improved ranch property within or near a National Forest,
and persons owning such ranch property but who own numbers
of stock in excess of the established limit.

Class C. Persons who are not regular users of the National
Forest range and who do not own improved ranch property
within or near a National Forest. Such persons are not
granted permits upon Forests which are fully occupied by
classes A and B. Classes B and C are not allowed to increase
the number of stock grazed under permit except by the
purchase of other permitted stock.

From this classification it is very evident that the small local stockmen who own approximately from 30 to 300 head of cattle and from 500 to 2,000 head of sheep and who own and reside upon the ranches near the Forests are given the preference in the allotment of grazing privileges.

_Grazing Permits._ Various kinds of grazing permits are required each year on the National Forests. These are known as ordinary grazing permits, on-and-off permits, private land permits, and crossing permits.

All persons must secure permits before grazing any stock on a National Forest except for the few head in actual use by prospectors, campers, ranchers, stockmen, and travelers who use saddle, pack and work animals, and milch cows in connection with permitted operations on the National Forests. Under these conditions 10 head are allowed to graze without permit.

Persons owning stock which regularly graze on ranges partially included within a National Forest, or upon range which includes private land may be granted permits for such portions of their stock as the circumstances appear to justify. This regulation provides for cases where only a part of a natural range unit is National Forest land, and where the economical use of the entire unit can be secured only by the utilization of the Forest land in connection with the other land. The regulation contemplates a movement of the stock governed by natural conditions, between the Forest range and the adjoining outside range, or between Forest land and intermingled private land. This is called an on-and-off permit.

Permits on account of private lands are issued to persons who own, or who have leased from the owners, unfenced lands within any National Forest which are so situated and of such a character that they may be used by other permitted stock to an extent rendering the exchange advantageous to the Government. The permits allow the permittees to graze upon National Forest land, free of charge, the number of stock which the private lands will support, by waiving the right to the exclusive use of the private land and allowing it to remain open to other stock grazed on National Forest land under permit.