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inclusive, as shall remain unexpended at the close of each of said fiscal years. Easements, reservations, etc.
Act of March 4, 1913 (37 Stat., 828). That section nine of the Act of March first, nineteen hundred and eleven (Thirty-sixth Statutes, page nine hundred and sixty-one), 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," be amended to read as follows:
“That such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the National Forest Reservation Commission and the Secretary of Agriculture, in no manner interfere with the use of the lands so encumbered, for the purposes of the Act: Provided, That such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regulations prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and that such rules and regulations shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed." Fire protection.
Act of March 4, 1913 (37 Stat., 855). For cooperation with any State or group of States in the protection from fire of the forested watersheds of navigable streams, under the provisions of section two 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,” $75,000: Provided, That any and all unused balance of the sum of $200,000 heretofore appropriated by the Act of March first, nineteen hundred and eleven, to enable the Secretary of Agriculture to carry out the purposes mentioned in said section two, remaining unexpended July first, nineteen hundred and thirteen, shall continue available until the end of the fiscal year nineteen hundred and fifteen for the purpose for which it was appropriated. Amendment of section 13.
Act of June 30, 1914 (38 Stat., 415). That section thirteen of the Act 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," approved March first, nineteen hundred and eleven (Thirty-sixth Statutes at Large, page nine hundred and sixty-three), is hereby amended by striking out the word “five” in the first line of said section, and inserting in lieu thereof the word "twenty-five.”
RESERVATIONS FOR WATER-POWER SITES AND OTHER PURPOSES.
Power site and other withdrawals.
Act of June 25, 1910 (36 Stat., 847). That the President may, at any time in his discretion, temporarily withdraw from settlement, location, sale, or entry any of the public lands of the United States including the District of Alaska and reserve the same for water-power sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an act of Congress.
Sec. 2 [as amended by the act of Aug: 24, 1912, 37 Stat., 497]; That all lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twenty-fifth, nineteen hundred and ten: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made: And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress.
SEC. 3. That the Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals.
Although a withdrawal of public land from sale by the Secretary of the Interior for public use in connection with a forest reservation was unauthorized at the time, it was validated by the continued recognition of the withdrawal and use of the land since act June 25, 1910, c. 421, sec. 1, 36 Stat., 847 (Comp. St., 1913, sec. 4523), expressly authorizes such withdrawals by the President. (United States v. Hodges et ux., 218 Fed., 87.)
The long continued practice of the President, with the acquiescence of Congress, of withdrawing in the public interest from entry or location, public land that otherwise would have been open to private acquisition, operated as a grant of implied power to the President to make temporary withdrawals in aid of proposed legislation. (United States v. Midwest Oil Co. et al., 236 U. S., 309.)
The existence of such power of the Executive is not negatived by the provisions of the act of June 25, 1910 (36 Stat., 847). (United States v. Midwest Oil Co. et al., supra.)
This act confers upon the President power to withdraw National Forest lands for the purposes therein stated. “Public lands," as used therein, includes National Forest lands. (Informal opinion of Attorney General to Secretary of Agriculture of Nov. 23, 1910.)
The Secretary of Agriculture has no authority to issue a power permit affecting National Forest lands withdrawn under this act for a power site (2 Sol. Op., 817); nor can he make leases, under the act of Feb. 28, 1899, or authorize other uses of lands similarly withdrawn around mineral and medicinal springs in Alaska. (2 Sol. Op., 870.)
WITHDRAWALS FOR THE PRESERVATION OF ANTIQUITIES.
Act of June 8, 1906 (34 Stat., 225).
Sec. 2. That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.
SEC. 3. That permits for the examination of ruins, the excavation of archæological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums.
SEC. 4. That the Secretaries of the Departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this act.
DECISION. The purpose of this act is to permanently preserve objects of antiquity and historic interest for the instruction and enjoyment of the people, and the three Secretaries are not authorized to make regulations which will in effect prohibit access thereto by the general public. They can not, therefore, restrict access to those only who are accompanied by accredited guides and pay a reasonable charge for such services. (1 Sol. Op., 224.)
LAWS AFFECTING OPERATION.2
Act of February 1, 1905 (33 Stat., 628). Sec. 3. That forest supervisors and rangers shall be selected, when practicable, from qualified citizens of the States or Territories in which the said reserves, respectively, are situated. Annual and sick leave.
Act of May 23, 1908 (35 Stat., 251). The employees of the Department of Agriculture, outside of the city of Washington, may hereafter, in the discretion of the Secretary of Agriculture, be granted leave of absence not to exceed fifteen days in any one year, which leave may in exceptional and meritorious cases where such an employee is ill, be extended, in the discretion of the Secretary of Agriculture, not to exceed fifteen days additional in any one year. Annual leave, Alaska employees.
Act March 4, 1913 (37 Stat., 828). That hereafter the employees of the Forest Service who are assigned to permanent duty in Alaska may, in the discretion of the Secretary of Agriculture, without additional expense to the Government, be granted leave of absence not to exceed thirty days in any one year, which leave may, in exceptional and meritorious cases where such an employee is ill, be extended, in the discretion of the Secretary of Agriculture, not to exceed thirty days additional in any one year. Aid in enforcement of State laws.
Act of May 23, 1908 (35 Stat., 251). And hereafter officials of the Forest Service designated by the Secretary of Agriculture shall, in all ways that are practicable, aid in the enforcement of the laws of the States and Territories with regard to stock, for the prevention and extinguishment of forest fires, and for the protection of fish and game, and, with respect to National Forests, shall aid the other Federal bureaus and depart
1 Section 1 of the above act, which is purely penal in character, is printed under
Trespass,” p. 109, infra. Printed copies of the uniform rules and regulations may be secured from the Interior Department. 2 See also laws and decisions under “ Fiscal Management and Appropriations."
ments, on request from them, in the performance of the duties imposed on them by law. Compensation in event of injury or death.
Act of March 11, 1912 (37 Stat., 74). That the provisions of the act approved May thirtieth, nineteen hundred and eight, entitled “An act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment,” shall, in addition to the classes of persons therein designated, be held to apply to any artisan, laborer, or other employee engaged in any hazardous work under the Bureau of Mines or the Forestry Service of the United States: Provided, That this act shall not be held to embrace any case arising prior to its passage.
(The act above made applicable is printed next below.) Compensation for injuries.
Act of May 30, 1908 (35 Stat., 556). That when, on or after August first, nineteen hundred and eight, any person employed by the United States as an artisan or laborer in any of its manufacturing establishments, arsenals, or navy yards, or in the construction of river and harbor or fortification work or in hazardous employment on construction work in the reclamation of arid lands or the management and control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under such regulations as the Secretary of Commerce and Labor may prescribe: Provided, That no compensation shall be paid under this act where the injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than fifteen days. All questions of negligence or misconduct shall be determined by the Secretary of Commerce and Labor. Compensation to widows and children.
Sec. 2. That if any artisan or laborer so employed shall die during the said year by reason of such injury received in the course of such employment, leaving a widow, or a child or children under sixteen years of age, or a dependent parent, such widow and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Commerce and Labor may prescribe, the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed: Provided, That if the widow shall die at any time during the said year her portion of said amount shall be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any. Reports of injuries.
SEC. 3. That whenever an accident occurs to any employee embraced within the terms of the first section of this act, and which results in death or a probable incapacity for work, it shall be the