effect by January 1959; study of the problems incidental to orderly consolidation; and that consolidation leave unaffected the receipts distribution formulas for the Oregon and California Railroad and Coos Bay Wagon Road revested lands. We cannot agree with the recommendation that the forestry functions of the Bureau of Indian Affairs be transferred to the Forest Service. Indian forest lands are generally considered private property, part of the Indian estate held in trust by the Federal Government through the Department of the Interior for the use and benefit of its Indian owners. The proposed transfer would unnecessarily involve the Forest Service in complex problems of Indian welfare and would disperse responsibility for assisting the Indians in the management of their

resources.

The recommendation that responsibility for the management of commercial forest land presently administered by the Bureau of Land Management of the Department of the Interior be transferred to the Forest Service, Department of Agriculture, has received very careful consideration. The views of the affected agencies have been thoroughly appraised, together with the findings of other available studies.

Our review indicates that such a consolidation must be viewed in the context of effective management of all resources now administered by the Departments of Interior and Agriculture, rather than on a piecemeal basis. Thus, there is general agreement that any proposal for reorganization of forestry functions must also give consideration to wildlife values, range management, recreation needs, watershed protection, and minerals development. A secondary but related consideration is the fact that new technological changes in wood utilization and the development of new forest products makes it difficult to define "commercial forest land" with any degree of permanence.

It is also necessary to determine the extent to which Public Law 426, 83d Congress, has contributed to the solution of the problems of coordinating Federal commercial forest management functions. That act made possible the exchange of approximately 240,000 acres of Oregon and California Railroad revested lands for a corresponding acreage of intermingled national forest lands. However, these land exchanges have been completed only recently and it has not yet been possible to evaluate fully their effect on the operations of the affected agencies. For example, we understand that timber inventories on these lands have not yet been completed. Further consolidation of Federal commercial forest land management is now under active study by this Bureau, but we are not yet prepared to propose additional adjustments in the responsibilities of the departments involved.

Because the organization of forestry functions is still under study and because the President's 1959 legislative program will not be formulated until late this year, we are unable to inform you at this time as to whether or not a reorganization plan for the consolidation of the commercial forestry functions of the Departments of Interior and Agriculture will be transmitted to the Congress next January. You may be assured, however, that the joint hearings held on Federal timber sales policies and the report issued by the Senate Committee on Interior and Insular Affairs will be given full consideration in any action taken on this matter. Sincerely yours,

MAURICE H. STANS, Director.

RESPONSE BY THE DEPARTMENT OF THE INTERIOR

Recommendation No. A-1

The Department opposes this recommendation and has submitted its reasons therefor to the Director of the Bureau of the Budget.

Recommendation No. A-2

Such a reorganization plan may be initiated only by the Bureau of the Budget. However, as indicated above, this Department opposes such a recommendation. Recommendation No. A-3

None of the recommendations in (a), (b) and (d) have been initiated and none are contemplated until and unless so directed by the Bureau of the Budget. A review has been made of all regulations governing timber management, item (c), but no attempt has been made nor is contemplated to prepare a single set of regulations.

Recommendation No. A-4

This recommendation requires no action until and unless affirmative action is taken on Recommendation No. A-2 above.

B. ACCESS

FINDINGS AND CONCLUSIONS

Access is the key to proper management.

The joint committee finds that the ability of the Government to get across private lands to its own lands, and the ability of private owners to get across Government lands to their lands is a major problem. In some cases the agencies have been completely blocked from access to publicly owned timber under Federal management. Permanent management and permanent use require permanent access. The Forest Service, the Bureau of Land Management, and the Bureau of Indian Affairs may obtain access by entering into agreements providing for the reciprocal exchange of rights-of-way and road use. They may also condemn or purchase the needed means of access.

The Bureau of Land Management of the Department of the Interior has a policy of requiring the grant of reciprocal rights-of-way and road-use privileges as a condition for its granting similar rights and privileges. The policy of the Bureau of Land Management is sound, although its regulations need strengthening.

The policy of the Forest Service differs from the policy of the Bureau of Land Management. The Forest Service officials believe that the agency is required to grant right-of-way across its lands to any private timber operator desiring to reach his own private lands, but that it cannot require, as a condition for the grant of such right, a like or reciprocal grant by the private owner.

We find that there is no legal barrier to the adoption by the Forest Service of a reciprocal right-of-way policy similar in purpose to that presently used by the Bureau of Land Management.

Furthermore, the Forest Service has failed to develop any regulations applying to those situations wherein a private landowner is desirous of entering into a reciprocal access agreement. By treating its complex access problems on a case-by-case basis, without the guidance of published uniform standards, the Forest Service is unnecessarily complicating an already burdensome management problem.

All the agencies have not made prompt or effective use of condemnation in securing access where certain landowners have refused to grant access to the Government after a protracted period of negotiation. Condemnation is a proper means for securing access in such situations.

RECOMMENDATIONS

B-1. The Forest Service and Bureau of Indian Affairs should adopt a policy of requiring the granting of needed reciprocal right-of-way and road-use rights to the United States as a condition to the granting of such rights by the United States. While the committee's view is that implementation of this sound policy does not require additional authority, the agencies should promptly request the enactment of additional legislation if they, nevertheless, deem it necessary.

B-2. Where the Government needs reciprocal long-term rights. short-term agreements or permits should be entered into or granted only for a period reasonably necessary for the negotiation of a longterm agreement to be consummated before the expiration date of the short-term arrangement.

B-3. Where earnest negotiation fails to produce access within a reasonable period of time, or where emergency conditions exist requiring immediate access, the agencies should promptly use condemnation. Areas where access is needed should be identified and, where appropriate, public announcements made of the date when it is desired to open up the timber for development.

B-4. Wherever conditions permit, the Federal agencies should seek to obtain permanent rights for the use of any roads when part of the cost of the road is being defrayed through an allowance in the timbersale price.

B-5. The Bureau of Land Management road right-of-way regulations should be revised to provide for participation by the Government in the setting of any road-use fees or conditions of use in order to protect the public interest.

B-6. The Forest Service should develop and publish in the Code of Federal Regulations its access policy and rules pertinent to the crossing of national-forest land.

B-7. The Federal timber-management agencies should submit to the Congress annual reports detailing their respective access problems for such action as may be deemed appropriate in order to facilitate the achievement of full development of all Federal commercial timber

areas.

RESPONSE BY THE DEPARTMENT OF AGRICULTURE

Recommendation B-1

The Forest Service has been quite successful in obtaining access to national forests without the use of reciprocal right-of-way policy.

The General Counsel of the Department of Agriculture advises that enactment of additional legislation would be necessary to permit the Forest Service to adopt a policy of requiring reciprocal right-of-way grants from persons seeking to cross national forests to obtain ingress or egress to lands owned by them within the boundaries of national forests established from the public domain. We believe that right-of-way procurement procedures being followed, including use of condemnation when determined to be necessary, provide a basis to overcome rightof-way difficulties without the need for legislation to establish a reciprocal right-ofway policy. Where national-forest access difficulties are outside of nationalforest boundaries, and needed land crossings or roads are owned by persons or concerns who do not have need to cross national-forest land, a reciprocal rightof-way policy would not be applicable.

Although they do not relate directly to the question of reciprocal rights, there are certain additional authorities which this Department has recommended for enactment and which would be of considerable aid in solving the problems of access. Further studies are being made as to the need for additional legislation. Recommendation B-2

The Department of Agriculture is in accord with the proposition that rights of access should be obtained on a permanent basis. National forests are being administered on a permanent basis and permanent administration requires permanent access. The policy recommended will be implemented to the extent

practicable.

Recommendation B-3

The Department of Agriculture feels that prompt use of condemnation should be made after earnest and diligent negotiations fail to produce access. The suggestion of the committee that public announcements be made in advance of right-of-way negotiations as to the time when a specified area should be opened for timber development is one which should prove useful under certain circumstances. The Department proposes to make use of this suggestion as a means to overcome delays by landowners which occasionally are encountered.

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Recommendation B-4

The Department of Agriculture has followed the principles stated in this recommendation for the last several years. Use of temporary road rights in offering timber for sale are confined to situations where the best permanent access to the national-forest timber is through some other means than permanent use of the roads in question. Examples of exceptions are: (a) a situation where salvage cutting is urgent but the only presently available transportation is a lengthy private road mostly outside of the national forest and where the Forest Service transportation plan calls for a permanent road over another route, and (b) a situation where the ultimate Forest Service road system cannot be developed as yet because of dam construction proposals and it is highly advisable to sell the allowable cut from the working circle pending clarification of such uncertainties. Recommendation B-6

The Forest Service is just completing the project of revising its manual. The new manual contains specific policies and procedures for acquiring needed rightsof-way to, and for authorizing crossings of, national-forest land. These include standards and guides for use in the many different situations. The new manual will be published soon. As explained in connection with recommendation M-6 pertinent portions will be distributed to interested organizations, agencies, and individuals. The manual will also be available in Forest Service offices, including those of forest supervisors and district rangers. There are no plans for the Forest Service to publish an access policy in the Federal Register.

Recommendation B--7

The Department of Agriculture welcomes the interest of Congress in its problems of obtaining rights-of-way to gain access to all commercial timber areas within the national forests. Problem areas are under constant surveillance and study for needed solutions. The Department questions the real utility of the compilation of detailed reports on access problems to the Congress on an annual and regular basis. Reports on access problems were compiled for use by the committee staff in preparation for the joint hearings of the two committees on Federal timber-sale policy. It is suggested that instead of preparing this type of report as a regular annual matter the committee give consideration to making further requests for such information from time to time when specifically desired.

RESPONSE BY THE DEPARTMENT OF THE INTERIOR

Recommendation No. B-1

The Department is in general agreement with this recommendation although, as the committee staff report states, the question of access to Indian forests across privately owned lands has not been a serious problem. The Bureau of Indian Affairs has been reasonably successful in negotiating such rights-of-way when they are needed.

Three fairly recent events may aggravate the access problem. The first event was the passage of the act of February 5, 1948 (62 Stat. 17). The act requires, with some exceptions, that the consent of Indian owners be obtained for rightsof-way across their lands. Formerly, the Secretary of the Interior could exercise the general supervisory authority conferred upon him by Revised Statutes 141 (25 U. S. C. 485, 25 U. S. C. 2) to grant revocable permits for logging roads across Indian lands. In some instances such permits were issued to cross trust allotments, with payment of reasonable damages, even over the objections of the allottees.

The second event which may create access problems is the recently liberalized policy covering the granting of patents in fee and the possible resultant checkerboard patterns of trust and alierated lands in some forested areas. The situation has not yet developed to serious proportions, however.

The third event which may also aggravate the access problem is the present policy and trend toward small-volume, short-term sales. With the former policy of large sales, embracing entire drainage areas, it was sufficient to obtain an allottee's consent to rights-of way for removal of timber from the same sale area of which his allotment was a part, and such rights were readily granted. In contrast, the present sale policy may subdivide a drainage area into several timber units and some modification of the procedure for obtaining rights-of-way will be

necessary.

It will not be easy to grant reciprocal rights-of-way across Indian lands because consent thereto is required. In a checkerboard pattern of alienated, trust allotted and tribal lands it may be extremely difficult for the Bureau of Indian Affairs to

arrange reciprocal rights-of-way with the holders of non-Indian lands. This problem will be worked out as it develops.

The complete question of access to Indian timberlands is being reviewed in the light of these changing conditions in order to determine what problems exist and whether remedial legislation is indicated.

Recommendation No. B-2

The

The Department is in general agreement with this recommendation. effect of changing conditions with respect to Indian lands, as set forth in this section under recommendation No. 1, on this recommendation is under study and evaluation.

The Bureau of Land Management follows this procedure. Recommendation No. B-3

The Department is in agreement with this recommendation. The power of eminent domain has been exercised when negotiations have not provided suitable access to Bureau of Land Management timber, and where negotiations were being unduly delayed.

Recommendation No. B-4

The Department is in general agreement with this recommendation. Such a policy has been followed by the Bureau of Land Management for many years. The effect of changing conditions with respect to Indian lands, as set forth in this section under recommendation No. 1, on this recommendation is under review and evaluation.

Recommendation No. B-5

The Bureau of Land Management's logging road right-of-way regulations for revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (hereinafter referred to as O. and C. lands) contained in title 43, Code of Federal Regulations, sections 115.154-115.179, approved April 5, 1950, have been used effectively to secure suitable access to timber on lands administered by that Bureau.

Revisions of several portions of these regulations on May 3, 1956, provided clarification with respect to use of roads on intermingled private lands pending arbitration of road-use fees, exchange of road-use rights of approximately equal value, fees to be charged licensees and the matter of granting permanent easements to the United States.

A detailed manual of procedures for administering the O. and C. right-of-way regulations was issued on June 28, 1957. This manual was issued to clarify the many complexities within the regulations and to provide uniform operational guidance insofar as possible. It is proving to be a useful tool for these purposes. A copy of this manual is available for committee use if requested.

Recommendation No. B-6

This recommendations does not apply to this Department.

Recommendation No. B-7

For several years the major access problems for O. and C. lands have been reported by this Department to the Congress in connection with access road appropriation requests by the Bureau of Land Management.

While this has been true only in part with respect to the Bureau of Indian Affairs for Indian lands, the Department agrees with the basic premise of this recommendation that the Congress should be made aware of the major access problems that exist.

C. ACCESS ROADS

FINDINGS AND CONCLUSIONS

The joint committee finds that the development of a sound system of roads in our public forests is necessary for harvesting the full sustained-yield allowable cut, for comprehensive management, and for the protection of the forest from disease as well as for recreational use. The Federal agencies use two methods of financing road construction: Reductions in the price of timber to compensate for construction by the timber-sale purchaser, or construction, through the use of appropriated funds.