for the use of the Forests. They will aim to develop wider uses, as well as to meet the present demand in the most satisfactory way.

It will be the duty of the supervisor to plan and direct such studies and investigations. If no members of the regular force are able to conduct the work, or all are engaged on duties from which they can not be spared, the matter should be reported to the Forester. If possible, an expert will be detailed temporarily to assist the supervisor.

PROTECTION OF CITY WATER SUPPLIES.

The Forest Service aims to improve and protect the forest cover of watersheds within National Forests on which adjacent cities and towns are dependent for their water supply. If the authorities of any town or city have determined by investigation that the decrease of the water supply is caused by overgrazing, excessive cutting, or fire, they are invited to apply to the Forest Service for assistance after consulting with the supervisor.

The supervisor on receipt of requests of this nature will immediately report to the Forester, in detail, and give definite recommendations as to steps the Forest Service should take to improve or protect the watershed by planting, trail building, extra fire patrol, closing to stock, or prohibiting the sale of timber.

CREATION OF NATIONAL MONUMENTS

Under the act approved June 8, 1906 (Appendix, p. 244), the President is authorized to declare, by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic and scientific interest as National monuments.

Forest officers should report to the Forester the location and description of all objects of great scientific or historic interest, which they find upon National Forests, that may be set aside as National monuments.

CLAIMS.

IN GENERAL.

A valid claim is one initiated in good faith under some act of Congress and continued by use consistent with the character of the claim and necessary for its actual development. The Forest Service will endeavor to protect valid claims within National Forests and make the Forests contribute to their development.

The determination of questions involving title to unperfected valid claims to lands in National Forests are entirely within the jurisdiction of the Secretary of the Interior.

No claims can be initiated upon lands within National Forests, nor upon lands withdrawn for National Forests, except under the mining laws, and under the homestead law in accordance with the forest homestead act of June 11, 1906 (Appendix, p. 241), and the National Forest regulations thereunder.

REG. 3. Persons having valid claims under the public land laws or legal titles to lands within National Forests are free to occupy and enjoy their holdings, but must not interfere with the purposes for which the Forests are created, and must not cut timber or make use of National Forest land without a permit, except within the limits and for the actual development of their claims. Any other use is forbidden.

REG. 4. The supervisor may, within six months from the cancellation or abandonment of any claim to land in a National Forest, permit the claimant to remove his improvements, if such removal will not injure National Forest interests.

EXAMINATION OF CLAIMS.

Forest officers should examine and report upon all unpatented claims in National Forests, giving all essential facts which show the good or bad faith of the claimant. Adverse reports should be accompanied, whenever practicable, with written statements of witnesses, preferably in the form of affidavits, giving the facts to which they will testify under oath at a hearing on the claim.

In reporting upon claims, precedence should be given to cases in which the claimant settled unlawfully upon lands withdrawn for National Forest purposes and is making unlawful use of the lands claimed by him or is injuring National Forest interests.

PROCEDURE ON PROTESTED CLAIMS.

The General Land Office circular of August 1, 1905 (Appendix, p. 292), requires local land officers to furnish the forest supervisors with a copy of the notice of intention to make final proof. When notified by the local land office that a claimant has applied to make final proof, the supervisor should examine the claim, if not already examined, and report upon the proper form (654 or 655). Report on Form 654 or 655 should not be sent to the local land office, but the notice from the land office must be returned before the time fixed for taking final proof. If the Forest officer is aware of no objection to the claim his indorsement should be No protest." If he knows that the claim should not pass to patent and has so reported to the Forester, he should return the notice to the local land office with the notation: The Forest Service protests against this claim; complete report sent to the Forester day

of --

190-." If he does not know that the claim is

valid, and has not reported adversely to the Forester, he should return the notice to the local land office with the indorsement, "The Forest Service protests against this claim and requests time to make further investigation." In every case the Forest officer should date and sign the indorsement on the notice, using his title, and notify the Forester of his action. When final proof is taken, the supervisor should be present, if possible, to cross-examine the claimant and witnesses and submit testimony in rebuttal, which will be permitted without previous notice. If he can not attend the taking of final proof, he should, in all cases in which he doubts the validity of the entry or the compliance with law by the entryman, submit to the officer taking proof questions which he desires asked the claimants and their witnesses.

If the claim should not be passed to patent, whether he has so reported to the Forester or not, he should, instead of filing protest, file a complaint against the acceptance of final proof under the procedure for contesting claims.

No contest or protest against a claim can be considered by the General Land Office unless specific charges are filed within two years after the issuance of final certificate. (Sec. 7, act of March 3, 1891, 26 Stat., 1097.) Proceedings to annul patents must be instituted within six years from the date of patent. (Act of March 3, 1891.)

PROCEDURE ON CONTESTED CLAIMS.

Under ordinary circumstances the supervisor's report upon the claim will be transmitted to the Forester and by him to the Commissioner of the General Land Office for appropriate action, and the supervisor will not initiate a contest against the claim. If, however, National Forest interests require immediate action, the supervisor should initiate a contest before the local land office in accordance with the circular of the General Land Office dated June 26, 1907 (Appendix, p. 291). Claims against which action may be taken by examination, and report to the Forester, or by complaint, include all assertions of right or title to lands in National Forests, whether by the filing of an

application, entry, location, or other writing in the local land office, county records, or elsewhere, or by posting notice on the ground, or by occupancy or otherwise.

The complaint to be filed by the supervisor in the local land office need not be under oath, but it should be verified by the Forest officer, who should sign it and give his address. It should describe the claim by section, township, and range, if surveyed; or by reference to fixed objects, if unsurveyed. If a filing has been made for the claim, the number of the filing or entry and the name and address of the claimant should be given. The complaint should state facts sufficient to warrant the rejection of the claim.

Upon the filing of the complaint the local land officers will assume charge of the case. They will issue all notices and direct all proceedings. The General Land Office circulars of September 30 and November 25, 1907 (36 L. D., 112, 178), will govern the proceedings taken in such cases.

Forest officers are not authorized to incur any expense for the attendance or mileage of witnesses or for witness fees on depositions or on hearings before the local land officers. All such expenses must be paid from the land-office funds. Forest officers should, however, upon request, assist in serving notices and subpoenas issued by the local land officers in any proceedings taken under this circular. In such cases subpoenas are not required to be served upon Forest officers, who will attend hearings, if possible, upon notice given by the local land officers. If it is not absolutely necessary for them to attend the hearings, or when it is imperative that they remain upon their Forest, the supervisors should request the Chief of the Field Division of the General Land Office to take the depositions of the Forest officers for use at the hearings.

When a complaint is filed, a copy should immediately be transmitted to the Forester, with a report upon the claim on Form 175, 654, 655, or 320 and statements of the evidence to be given by each witness for the Government. These statements should, if possible, be in the form of affidavits, signed and