FOREST RESERVES Cross references: See subtitle "Surveys Under Act of June 4, 1897," under "Geological Survey," p. 151; subtitles "Homestead Entries within Forest Reserves" and "Stock-Raising Homesteads," under "Homesteads," pp. 178, 179; subtitles "Grants to Oregon and California Raliroad" and "Railroad Rights of Way," under "Railroad Grants," pp. 447, 481; "Rights of Way," pp. 626, 628; "School Land Grants," under "State Grants," pp. 644, 662, 667; "Timber Lands," p. 723; "Withdrawals," p. 774. NOTE.-Jurisdiction over the national forests was originally vested in the Department of the Interior, where it remained until transferred to the Department of Agriculture by the act of February 1, 1905 (33 Stat. 628). The Department of the Interior still has to do with the laws respecting the surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, and patenting of lands within forest reservations.— EDITOR. CREATION OF FOREST RESERVES An Act To repeal timber-culture laws, and for other purposes * tions. SEC. 24. That the President of the United States may, Forest reservafrom time to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, ast public reservations; and the President shall, by public proclamation, declare the establishment of such reservation and the limits thereof.1 (U. S. C., title 16, sec. 471.) Approved, March 3, 1891 (26 Stat. 1095, 1103). Extracts from the sundry civil appropriation Act, approved June 4, 1897 (30 Stat. 11, 34, 36) All public lands heretofore designated and reserved by Forest lands. the President of the United States under the provisions Vol. 26, p. 1095. of the Act approved March third, eighteen hundred and ninety-one, the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said Act, shall be as far as practicable controlled and administered in accordance with the following provisions: 1 Subsequently restrictions were placed on the creation of or additions to forest reserves by the following acts of Congress: Within Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, see act of Mar. 4, 1907 (34 Stat. 1256, 1271), p. 127. "With California, see sec. 2 of the act of June 25, 1910 (36 Stat. 847), as amended by the aot cf Aug. 24, 1912 (37 Stat. 497), under drawals," p. 773. New Mexico and Arizona. see act of June 15, 1926 (44 Stat. 745), p. 127.-Editor. Forest reservations, when to be established. Use of timber, etc., by settlers, etc. Egress and ingress of settlers witihn reservations, etc Restoration of mineral or agri the public domain. 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. (U. S. Č., title 16, sec. 475.) * The Secretary of the Interior may permit, under regulations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located. (U. S. C., title 16, sec. 477.) Nothing herein shall be construed as prohibiting the 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. (U. S. C., title 16, sec. 478.) * Upon the recommendation of the Secretary of the Incultural lands to terior, with the approval of the President, after sixty 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 domain. And 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. President may (U. S. C., title 16, sec. 482.) The President is hereby authorized at any time to 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. (U. S. C., title 16, sec. 473.) TRANSFER OF JURISDICTION TO DEPARTMENT OF An Act Providing for the transfer of forest reserves from the Department of the Interior to the Department of Agriculture modify any Executive order, etc. reserves trans cultural Depart Exceptions. Be it enacted by the Senate and House of Representa- Control of forest tives of the United States of America in Congress ferred to Agriassembled, That the Secretary of the Department of ment. Agriculture shall, from and after the passage of this Act, vol. 26, p. 1103. 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 Vol. 30, p. 36. to repeal the timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, and Acts 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." (U. S. C., title 16, sec. 472.) Approved February 1, 1905 (33 Stat. 628). LIMITATIONS AS TO FUTURE RESERVES * Extract from the appropriation Act for the Department of Agriculture, approved March 4, 1907 (34 Stat. 1256, 1271) action necessary Provided further, That hereafter no forest reserve shall Congressional be created, nor shall any additions be made to one here- for new reserves tofore created within the limits of the States of Oregon, in certain States. Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress. (U. S. C., title 16, sec. 471.) An Act Limiting the creation or extension of forest reserves in Creation or addi Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no forest reservation shall be National forests. created, nor shall any additions be made to one hereto- tions in New fore created, within the limits of the States of New Mexico and Arizona except by Act of Congress. Approved, June 15, 1926 (44 Stat. 745, U. S. C., 3d supp., title 16, sec. 471a). For homesteads within forest reserves see the act of June 11, 1906 (34 Stat. 233), under "Homesteads," p. 179. California was added by the act of June 25, 1910 (36 Stat. 847), as amended by the act of Aug. 24, 1912 (37 Stat. 497), which see under "Withdrawals," p. 773. New Mexico and Arizona were added by the act of June 15, 1926 (44 Stat. 745), infra. Mexico and Ari- Forest reserves and national parks. Arrests for violating laws. Process. Arrest without process. PROTECTION OF FOREST RESERVES An Act For the protection of the public forest reserves and national parks of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress 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 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, U. S. C., title 16, sec. 559.) CONSOLIDATION OF NATIONAL FORESTS BY EXCHANGE OF LANDS An Act To consolidate national forest lands' Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemNational forests. bled, That, when the public interests will be benefited Exchange of lands within, authorized. Land or timber in exchange. Proviso. Publication of proposed exchange. thereby, the Secretary of the Interior be, and hereby is, authorized in his discretion to accept on behalf of the United States title to any lands within the exterior boundaries of the national forests which, in the opinion of the Secretary of Agriculture, are chiefly valuable for national forest purposes, and in exchange therefor may patent not to exceed an equal value of such national forest land, in the same State, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove an equal value of timber within the national forests of the same State; the values in each case to be determined by the Secretary of Agriculture: Provided, That before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated Amended by the act of Feb. 28, 1925 (43 Stat. 1090), p. 129. Extended by the acts of Apr. 16, 1928 (45 Stat. 431), Apr. 23, 1928 (45 Stat. 450), and Jan. 30, 1929 (45 Stat. 1145), pp. 129, 130. timber. the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in Removal of such exchanges shall be cut and removed under the laws and regulations relating to the national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands conveyed to the United States under this Act shall, upon acceptance of title, become parts of the national forest Accepted lands within whose exterior boundaries they are located. Approved, March 20, 1922 (42 Stat. 465, U. S. C., title 16, sec. 485). An Act To amend an Act entitled "An Act to consolidate national forest lands" added to national forest. Acceptance of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of March 20, 1922 (Forty-second National forests. Statutes at Large, page 465), entitled "An Act to con- lands for use of. solidate national forest lands," be, and the same is Vol. 42, p. 466, hereby, amended by adding the following section thereto : amended. timber, minerals, to United States. of mineral de SEC. 2. Either party to an exchange may make reser- Reservations of vations of timber, minerals, or easements, the values of etc., allowed. which shall be duly considered in determining the values of the exchanged lands. Where reservations are made In lands conveyed in lands conveyed to the United States the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of Agriculture; where mineral reservations are made in By United States, lands conveyed by the United States it shall be so stipu- posits. lated in the patents, and that any person who acquires the right to mine and remove the reserved deposits may enter and occupy so much of the surface as may be required for all purposes incident to the mining and removal of the minerals therefrom, and may mine and remove such minerals upon payment to the owner of the surface for damages caused to the land and improvements thereon: Provided, That all property, rights, ease- Proviso. ments, and benefits authorized by this section to be re- on property, tained by or reserved to owners of lands conveyed to the etc., retained by United States shall be subject to the tax laws of the States where such lands are located. (U. S. C., title 16, sec. 486.) Approved, February 28, 1925 (43 Stat. 1090). An Act To extend the provisions of the Act of Congress approved March 20, 1922, entitled "An Act to consolidate national forest lands " Be it enacted by the Senate and House of Representatives of the United States of America in Congress as State taxation owners. National forests. |