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Act of March 3, 1899 (30 Stat., 1074, 1095), authorized homestead entries by metes and bounds in the Black Hills National Forest by bona fide settlers prior to September 19, 1898.
Act of March 1, 1907 (34 Stat., 1053), grants certain lands in the San Juan National Forest to the city of Durango, Colo., for reservoir purposes, reserving to the Forest Service the right to dispose of the timber on certain parts thereof.
Act of February 18, 1909 (35 Stat., 626), as amended by act of May 7, 1912 (37 Stat., 108), authorizing acquisition of lands in California for a National Forest to be known as the Calaveras Big Tree National Forest.
Act of February 28, 1911 (36 Stat., 960), authorizes the exchange of lands in the Kansas National Forest for privately owned lands within its boundaries.
Act of March 4, 1911 (36 Stat., 1357), authorizes the Secretary of the Interior to exchange certain desert lands, specifically described, for other described lands, within National Forests in Oregon.
Act of April 9, 1912 (37 Stat., 80), authorizes the exchange of certain lands within the Sierra and Stanislaus National Forests and provides the terms on which such exchange may be made.
Act of July 25, 1912 (37 Stat., 200), authorizes Secretary of the Interior to exchange certain lands in Paulina National Forest, Oreg., for private lands within the forest.
Act of July 31, 1912 (37 Stat., 241), authorizes the exchange of certain lands with the State of Michigan and provides the terms on which such exchange may be made.
Act of August 22, 1912 (37 Stat., 323), authorizes the Secretary of Agriculture to exchange timber in the Pecos National Forest, n. Mex., for privately owned lands within the boundaries of the Žuni National Forest.
The agricultural appropriation act of August 10, 1912 (37 Stat., 269), declares that the Fort Wingate Military Reservation, N. Mex., shall become a part of the Zuni National Forest, subject to unhampered use for military purposes. See also act of October 3, 1914 (38 Stat., 726).
Act of February 27, 1913 (37 Stat., 684), provides for the protection of the water supply of the city of Colorado Springs and the town of Manitou, Colo. See also act of August 24, 1914 (38 Stat., 705), incorporating certain lands in Pike National Forest.
Act of December 19, 1913, grants rights of way through Stanislaus National Forest to city and county of San Francisco, Cal.
Act of March 14, 1914 (38 Stat., 308), provides for the protection of the water supply of Baker, Oreg., Whitman National Forest.
Act of April 14, 1914 (38 Stat., 346), reserves and incorporates certain lands as a part of the Caribou National Forest, Idaho.
Act of May 13, 1914 (38 Stat., 376), consolidates certain lands in the Sierra National Forest and Yosemite National Park, Cal.
Act of May 14, 1914 (38 Stat., 377), authorizes the exchange of certain privately owned lands in Cache National Forest, Utah.
Act of June 24, 1914 (38 Stat., 387), authorizes the consolidation of certain forest lands in the Ochoco National Forest, Oreg.
Act of June 30, 1914 (38 Stat., 415), authorizes furnishing of young trees from Nebraska National Forest to residents of arid regions.
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Act of July 28, 1914 (38 Stat., 556), authorizes the exchange of certain lands within the Fishlake National Forest, Utah.
Act of September 19, 1914 (38 Stat., 714), provides for the protection of the water supply of Salt Lake City, Utah, Wasatch National Forest.
GAME REFUGES. Act of January 24, 1905 (33 Stat., 614), authorizes the President to set aside lands within the Wichita National Forest as a garne refuge and declares that the purpose of the act is to protect the land of the United States from trespass, and not to interfere with local game laws, etc. Penal provisions of the act will be found under
Trespass,” page 109, post.
Act of June 29, 1906" (34 Stat., 607), relating to the Grand Canyon game refuge contains provisions substantially like those of the act next above cited.
DECISION. The Secretary of the Interior (now Agriculture) can not, without express authority of law, prescribe rules and regulations by which the National Forests may be made refuges for game, or by which the hunting, killing, or capture of game thereon may be forbidden. As to the National Forests in general, no such authority is conferred either by the act of June 4, 1897, or any other provision of law. (23 Op. Atty. Gen., 589.)
WEEKS LAW AND AMENDMENTS.
Act of March 1, 1911 (36 Stat., 961), 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.
That the consent of the Congress of the United States is hereby given to each of the several States of the Union to enter into any agreement or compact, not in conflict with any law of the United States, with any other State or States for the purpose of conserving the forests and the water supply of the States entering into such agreement or compact. Cooperation with States for fire protection.
SEC. 2. That the sum of two hundred thousand dollars is hereby appropriated and made available until expended, 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 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 shall be made with any State which has not provided by 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 year. Purchase of lands.
Sec. 3. That there is hereby appropriated, for the fiscal 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 purposes: Provided, That the provisions of this section shall expire by limitation on the thirtieth day of June, nineteen hundred and fifteen. Appointment of commission.
SEC. 4. That a commission, to be known as the National Forest Reservation Commission, consisting of the Secretary 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 commission: 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. Reports to Congress.
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. Duties of Secretary of Agriculture.
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 Reservation 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. Secretary to purchase.
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 National Forest Reservation Commission at the price or prices fixed by said commission: Provided, That no deed or other instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under this act until the legislature of the State in which the land lies shall have consented to the acquisition of such land by the United States for the purposes of preserving the navigability of navigable streams. Passing upon titles.
Sec. 8. That the Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the lands to be acquired under this act, but no payment shall be made for any such lands until the title shall be satisfactory to the Attorney General and shall be vested in the United States. Reservation of timber and minerals.
Sec. 9. That such acquisition may in any case be conditioned upon the exception and reservation to the owner from whom title passes to the United States of the minerals and of the merchantable timber, or either or any part of them, within or upon such lands at the date of the conveyance, but in every case such exception and reservation and the time within which such timber shall be removed and the rules and regulations under which the cutting and removal of such timber and the mining and removal of such minerals shall be done shall be expressed in the written instrument of conveyance, and thereafter the mining, cutting, and removal of the minerals and timber so excepted and reserved shall be done only under and in obedience to the rules and regulations so expressed. Sale of agricultural lands.
SEC. 10. That inasmuch as small areas of land chiefly valuable for agriculture may of necessity or by inadvertence be included in tracts acquired under this act, the Secretary of Agriculture may, in his discretion, and he is hereby authorized, upon application or otherwise, to examine and ascertain the location and extent of such areas as in his opinion may be occupied for agricultural purposes without injury to the forests or to stream flow and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise, and offer them for sale as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not exceeding eighty acres in area, under such joint rules and regulations as the Secretary of Agriculture and the Secretary of the Interior may prescribe; and in case of such sale the jurisdiction over the lands sold shall, ipso facto, revert to the State in which the lands sold lie. And no right, title, interest, or claim in or to any lands acquired under this act, or the waters thereon, or the products, resources, or use thereof after such lands shall have been so acquired, shall be initiated or perfected, except as in this section provided. Administration as National Forests.
Sec.11. That, subject to the provisions of the last preceding section, the lands acquired under this act shall be permanently reserved, held, and administered as national forest lands under the provisions of section twenty-four of the act approved March third, eighteen hundred and ninety-one (volume twenty-six, Statutes at Large, page eleven hundred and three), and acts supplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time
divide the lands acquired under this act into such specific National Forests and so designate the same as he may deem best for administrative purposes. Jurisdiction of States.
Sec. 12. That the jurisdiction, both civil and criminal, over persons upon the lands acquired under this act shall not be affected or changed by their permanent reservation and administration as national forest lands, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State wherein such land is situated shall not, by reason of such reservation and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State. Five per cent of receipts to States.
Sec. 13.1 That five per centum of all moneys received during any fiscal year from each National Forest into which the lands acquired under this act may from time to time be divided shall be paid, at the end of such year, by the Secretary of the Treasury to the State in which such National Forest is situated, to be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such National Forest is situated: Provided, That when any National Forest is in more than one State or county the distributive share to each from the proceeds of such forest shall be proportional to its area therein: Provided further, That there shall not be paid to any State for any county an amount equal to more than forty per centum of the total income of such county from all other sources. Expenses of commission.
Sec. 14. That a sum sufficient to pay the necessary expenses of the commission and its members, not to exceed an annual expenditure of twenty-five thousand dollars, is hereby appropriated out of any money in the Treasury not otherwise appropriated. Said appropriation shall be immediately available, and shall be paid out on the audit and order of the president of the said commission, which audit and order shall be conclusive and binding upon all departments as to the correctness of the accounts of said commission. Appropriation continued.
Act of August 10, 1912 (37 Stat., 269). And in order to carry out the purposes mentioned in section three of the Act of March first, nineteen hundred and eleven, entitled "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,' there is hereby appropriated and made available until expended so much of the maximum sums mentioned in said section for the fiscal years nineteen hundred and twelve to nineteen hundred and fifteen,
1 Word “five” struck out and word “twenty-five" inserted in lieu thereof. Act of June 30, 1914 (38 Stat., 415), infra, p. 21.