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Forest reservations, when to be established.

Egress and in

gress of settlers

tions, etc.

practicable controlled and administered in accordance with the following provisions:

No public forest reservation shall be established, except to improve and protect the forests within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose or intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes.

Nothing herein shall be construed as prohibiting the within reserva egress or ingress of actual settlers residing within the boundaries of such reservations, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations.

Restoration of mineral or agri

main.

Upon the recommendation of the Secretary of the Incultural lands to terior, with the approval of the President, after sixty the public do- days' notice thereof, published in two papers of general circulation in the State or Territory wherein any forest reservation is situated, and near the said reservation, any public lands embraced within the limits of any forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public doAnd any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained. The President is hereby authorized at any time to modify any er modify any Executive order that has been or may hereafter be made establishing any forest reserve, and by such modification may reduce the area or change the boundary lines of such reserve, or may vacate altogether any order creating such reserve.

etc.

President may

Ex

An Act Providing for the transfer of forest reserves from the Department of the Interior to the Department of Agriculture.

est reserves

partment.

Be it enacted by the Senate and House of Repesenta- Control of fortives of the United States of America in Congress transferred to assembled, That the Secretary of the Department of Agricultural DeAgriculture shall, from and after the passage of this Act, execute or cause to be executed all laws affecting public lands heretofore or hereafter reserved under the provisions of section twenty-four of the Act entitled An Act to repeal the timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, an Act supplemental to and amendatory thereof, after such lands have been so reserved, excepting such laws as affect the surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any such lands.2

Approved February 1, 1905 (33 Stat. 628).

An Act For the protection of the public forest reserves and national parks of the United States.

Forest reserves

Arrests for vio

Be it enacted by the Senate and House of Representa- and national tives of the United States of America in Congress parks. assembled, That all persons employed in the forest reserve and national park service of the United States shall have authority to make arrests for the violation lating laws. of the laws and regulations relating to the forest reserves and national parks, and any person so arrested shall be taken before the nearest United States commissioner, within whose jurisdiction the reservation or national park is located, for trial; and upon sworn information by any competent person any United States commissioner in the proper jurisdiction shall issue process for arrest of any person charged with the violation. of said laws and regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said laws and regulations.

Approved, February 6, 1905 (33 Stat. 700).

Extract from the appropriation Act for the Department of Agriculture, approved March 3, 1905 (33 Stat. 861-873).

That the Secretary of Agriculture may, in his discretion, permit timber and other forest products cut or removed from the forest reserves of the United States, except the Black Hills Forest Reserve in South Dakota and the forest reserves in Idaho, to be exported from

For homesteads within forest reserves. See the Act of June 11, 1906, under "Homesteads."

Process.

Arrest without

process.

Removal of

timber.

Congressional action necessary

the State, Territory, or the District of Alaska, in which said réserves are respectively situated.

Extract from the appropriation Act for the Department of Agriculture, approved March 4, 1907 (34 Stat. 1256-1271).

Provided further, That hereafter no forest reserve shall for new reserves be created, nor shall any additions be made to one herein certain States. tofore created within the limits of the States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress.

Segregation of lands for homestead entry.

Expenses of

cultural lands.

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Extract from the appropriation Act for. the Department of Agriculture, approved August 10, 1912 (37 Stat. 269–287).

That the Secretary of Agriculture is hereby directed and required to select, classify, and segregate, as soon as practicable, all lands within the boundaries of national forests that may be open to settlement and entry under the homestead laws applicable to the national forests, and the sum of twenty-five thousand dollars is hereby appropriated for the purposes aforesaid.

For the expenditure under the direction of the Secresurveying agri- tary of Agriculture for survey and listing of lands within forest reserves chiefly valuable for agriculture, and describing the same by metes and bounds, or otherwise, as -required by the Act of June eleventh, nineteen hundred -and six, and the Act of March third, eighteen hundred and ninety-nine, thirty-five thousand dollars: Provided, Work by For- however, That any such survey and the plat and field notes thereof paid for out of this appropriation shall be made by an employee of the Forest Service under the direction of the United States surveyor-general, but no land listed under the Act of June eleventh, nineteen hun-dred and six, shall pass from the forest until patent -issues.

est Service em-. ployees.

lands for homestead entry.

Extract from the agricultural appropriation Act, approved March 4, 1913 (37 Stat. 828-842).

Segregation of That the Secretary of Agriculture is hereby directed and required to seleet, classify, and segregate, as soon as practicable, all lands within the boundaries of national forests that may be opened to settlement and entry under the homestead laws applicable to the national forests, and the sum of $100,000 is hereby appropriated for the Expenses of ex- purposes aforesaid: Provided, That not to exceed $35,000 amining, survey of this sum may be expended under the direction of the Secretary of Agriculture for the examination, survey, and platting of certain lands now listed or to be listed within national forests chiefly valuable for agriculture and describing such lands by metes and bounds, as required by the Act of June eleventh, nineteen hundred and six

ing, etc., agricultural lands.

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. & California' was added by the act of Aug. 24, 1912, p. 657.

Work by For

(Thirty-fourth Statute, page two hundred and thirtythree), and the Act of March third, eighteen hundred and ninety-nine (Thirtieth Statute, page ten hundred and ninety-five), and hereafter such surveys, and the plats est Service emand field notes thereof, shall be made by employees of the ployees. Forest Service, to be designated by the United States surveyor general, and such surveys and the plats and field notes thereof shall be approved by the United States surveyor general:

Extract from the agricultural appropriation Act, approved March 4, 1915 (38 Stat. 1086-1101).

Permits for ho

That hereafter the Secretary of Agriculture may, upon tels, etc., in nasuch terms as he may deem proper, for periods not exceed- tional forests. ing thirty years, permit responsible persons or associa tions to use and occupy suitable spaces or portions of ground in the national forests for the construction of summer homes, hotels, stores, or other structures needed for recreation or public convenience, not exceeding five acres to any one person or association, but this shall not be construed to interfere with the right to enter homesteads upon agricultural lands in national forests as now provided by law.

An Act To enable any State to cooperate with any other State or States, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers.

Conservation of

wa

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the Congress of the United navigable States is hereby given to each of the several States of the ters. Agreements beUnion to enter into any agreement or compact not in tween States for, conflict with any law of the United States, with any other authorized. State or States for the purpose of conserving the forests and the water supply of the States entering into such agreement or compact.

Appropriation

fire protection.

Forest lands on watersheds of

SEC. 2. That the sum of two hundred thousand dollars is for cooperation hereby appropriated and made available until expended, with States for out of any moneys in the National Treasury not otherwise appropriated, to enable the Secretary of Agriculture to cooperate with any State or group of States, when requested to do so, in the protection from fire of the forested watersheds of navigable streams; and the Secretary of Agriculture is hereby authorized, and on such navigable rivers. conditions as he deems wise, to stipulate and agree with any State or group of States to cooperate in the organization and maintenance of a system of fire protection on any private or State forest lands within such State or States and situated upon the watershed of a navigable river: Provided, That no such stipulation or agreement quired.

36039 -23-8

State law re

limited.

shall be made with any State which has not provided by Expenditures law for a system of forest-fire protection: Provided further, That in no case shall the amount expended in any State exceed in any fiscal year the amount appropriated by that State for the same purpose during the same fiscal

Appropriations

lands at headwa

streams.

year.

for acquiring SEC. 3. That there is hereby appropriated, for the fiscal ters of navigable year ending June thirtieth, nineteen hundred and ten, the sum of one million dollars, and for each fiscal year thereafter a sum not to exceed two million dollars for use in the examination, survey, and acquirement of lands located on the headwaters of navigable streams or those which are being or which may be developed for navigable Limited to purposes: Provided, That the provisions of this section shall expire by limitation on the thirtieth day of June, nineteen hundred and fifteen.

1915.

National For

Το pass on

lands.

est Reservation SEC. 4. That a commission, to be known as the National Commission. Forest Reservation Commission, consisting of the Secrepurchases of tary of War, the Secretary of the Interior, the Secretary of Agriculture, and two members of the Senate, to be selected by the President of the Senate, and two members of the House of Representatives, to be selected by the Speaker, is hereby created and authorized to consider and pass upon such lands as may be recommended for purchase as provided in section six of this Act, and to fix the price or prices at which such lands may be purchased, and no purchases shall be made of any lands until such lands have been duly approved for purchase by said comService of mission: Provided, That the members of the commission herein created shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filled in the manner as the original appointment.

members.

Annual reports.

lands.

Geological

SEC. 5. That the commission hereby appointed shall, through its president, annually report to Congress, not later than the first Monday in December, the operations and expenditures of the commission, in detail, during the preceding fiscal year.

Location of SEC. 6. That the Secretary of Agriculture is hereby authorized and directed to examine, locate, and recommend for purchase such lands as in his judgment may be necessary to the regulation of the flow of navigable streams, and to report to the National Forest ReservaExamination tion Commission the results of such examinations: Provided, That before any lands are purchased by the National Forest Reservation Commission said lands shall be examined by the Geological Survey and a report made to the Secretary of Agriculture, showing that the control of such lands will promote or protect the navigation of streams on whose watersheds they lie.

by Survey.

Purchase

lands approved by commission.

of SEC. 7. That the Secretary of Agriculture is hereby authorized to purchase, in the name of the United States, such lands as have been approved for purchase by the

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