State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navigability of navigable streams.

Titles obtained

Agriculture and

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 by Secretary of under this act, but no payment shall be made for any such lands until passed upon by the title shall be satisfactory to the Attorney General and shall be Attorney General. vested in the United States.

erals.

SEC. 9. That such acquisition may in any case be conditioned upon Reservations of the exception and reservation to the owner from whom title passes to timber and minthe 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 agricul

quired.

SEC. 10. That inasmuch as small areas of land chiefly valuable for agriculture may of necessity or by inadvertence be included in tracts tural lands so ac 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.

Lands acquired to be held and ad

forest

SEC. 11. That, subject to the provisions of the last preceding section, the lands acquired under this act shall be permanently reserved, ministered as naheld, and administered as national forest lands under the provisions tional of section twenty-four of the act approved March third, eighteen hun- lands. dred 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.

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.

Jurisdiction of

States.

SEC. 13. That five per centum of all moneys received during any Five per cent of fiscal year from each National Forest into which the lands acquired receipts to States. 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

missior.

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 SEC. 14. That a sum sufficient to pay the necessary expenses of the purchasing com- 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.

Appropriations

lands continued.

Agricultural appropriation act of August 10, 1912 (37 Stat. 269).

And in order to carry out the purposes mentioned in section three of for purchase 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, inclusive, as shall remain unexpended at the close of each of said fiscal

Objects of his

interest may be

years.

Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities.

SEC. 2. That the President of the United States is hereby author toric or scientific ized, in his discretion, to declare by public proclamation historic reserved as na- landmarks, historic and prehistoric structures, and other objects of tional monu- historic or scientific interest that are situated upon the lands owned

ments.

Permits for ex

vation, and collection.

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 amination, exca- 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 regulations. and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this act.1

Uniform rules

1 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.)

(Section one of the above act, which is purely penal in character, is printed under Trespass, p. 67, infra.)

UNIFORM RULES AND REGULATIONS.

By the Secretaries of the Interior, Agriculture, and War to carry out the provisions of the act for the preservation of American antiquities, approved June 8, 1906.

1. Jurisdiction over ruins, archæological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic or scientific interest, shall be exercised under the act by the respective departments as follows:

By the Secretary of Agriculture over lands within the exterior limits of forest reserves; by the Secretary of War over lands within the exterior limits of military reservations; by the Secretary of the Interior over all other lands owned or controlled by the Government of the United States, provided the Secretaries of War and Agriculture may, by agreement, cooperate with the Secretary of the Interior in the supervision of such monuments and objects covered by the act of June 8, 1906, as may be located on lands near or adjacent to forest reserves and military reservations, respectively.

2. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the United States in situ, and remain an object of interest, shall be granted.

3. Permits for the examination of ruins, the excavation of archæological sites, and the gathering of objects of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable museums, universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized agents.

4. No exclusive permits shall be granted for a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit named in the permit.

5. Each application for a permit should be filed with the Secretary having jurisdiction, and must be accompanied by a definite outline of the proposed work, indicating the name of the institution making the request, the date proposed for beginning the field work, the length of time proposed to be devoted to it, and the person who will have immediate charge of the work. The application must also contain an exact statement of the character of the work, whether examination, excavation, or gathering, and the public museum in which the collections made under the permit are to be permanently preserved. The application must be accompanied by a sketch plan or description of the particular site or area to be examined, excavated, or searched, so definite that it can be located on the map with reasonable accuracy.

6. No permit will be granted for a period of more than three years, but if the work has been diligently prosecuted under the permit the time may be extended for proper cause upon application.

7. Failure to begin work under a permit within six months after it is granted, or failure to diligently prosecute such work after it has been begun, shall make the permit void without any order or proceeding by the Secretary having jurisdiction.

8. Applications for permits shall be referred to the Smithsonian Institution for recommendation.

9. Every permit shall be in writing, and copies shall be transmitted to the Smithsonian Institution and the field office in charge of the land involved. The permittee will be furnished with a copy of these rules and regulations.

10. At the close of each season's field work the permittee shall report in duplicate to the Smithsonian Institution, in such form as its Secretary may prescribe, and shall prepare in duplicate a catalogue of the collections and of the photographs made during the season, indicating therein such material, if any, as may be available for exchange.

11. Institutions and persons receiving permits for excavation shall, after the completion of the work, restore the lands upon which they have worked to their customary condition, to the satisfaction of the field officer in charge.

12. All permits shall be terminable at the discretion of the Secretary having jurisdiction.

13. The field officer in charge of the land owned or controlled by the Government of the United States shall, from time to time, inquire and report as to the existence, on or near such lands, of ruins and archæo

to

Forest officers be

selected

logical sites, historic or prehistoric ruins or monuments, objects of antiquity, historic landmarks and prehistoric structures, and other objects of historic or scientific interest.

14. The field officer in charge may at all times examine the permit of any person or institution claiming privileges granted in accordance with the acts and these rules and regulations, and may fully examine all work under such permit.

15. All persons duly authorized by the Secretaries of Agriculture, War, and Interior may apprehend or cause to be arrested, as provided in the act of February 6, 1905 (33 Stat., 700), any person or persons who appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument or any object of antiquity on lands under the supervision of the Secretaries of Agriculture, War, and Interior, respectively.

16. Any object of antiquity taken, or collection made, on lands owned or controlled by the United States without a permit, as prescribed by the act and these rules and regulations, or there taken or made, contrary to the terms of the permit or contrary to the act and these rules and regulations, may be seized, wherever found and at any time, by the proper field officer or by any person duly authorized by the Secretary having jurisdiction, and disposed of as the Secretary shall determine, by deposit in the proper national depository or otherwise.

17. Every collection made under the authority of the act and of these rules and regulations shall be preserved in the public museum designated in the permit and shall be accessible to the public. No such collection shall be removed from such public museum without the written authority of the Secretary of the Smithsonian Institution, and then only to another public museum, where it shall be accessible to the public; and when any public museum, which is a depository of any collection made under the provisions of the act and these rules and regulations, shall cease to exist, every such collection in such public museum shall thereupon revert to the national collections and be placed in the proper national depository.

WASHINGTON, D. C., December 28, 1906. The foregoing rules and regulations are hereby approved, in triplicate, and, under authority conferred by law on the Secretaries of the Interior, Agriculture, and War are hereby made and established to take effect immediately.

E. A. HITCHCOCK, Secretary of the Interior. JAMES WILSON, Secretary of Agriculture. WM. H. TAFT, Secretary of War.

Act of January 24, 1905 (33 Stat., 614), authorizes the President to set aside lands within the Wichita National Forest as a game 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.1 Penal provisions of the act will be found under "Trespass," page 67, post.

Act of June 29, 1906 (34 Stat., 607), contains provisions substantially like those of the act next above cited.

OPERATION.

PERSONNEL.

Forest transfer act of February 1, 1905 (33 Stat., 628).

SEC. 3. That forest supervisors and rangers shall be selected, when from States practicable, from qualified citizens of the States or Territories in where forests are which the said reserves, respectively, are situated.

situated.

1 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.)

Agricultural appropriation act of May 23, 1908 (35 Stat., 251).

Leave of absence and sick

[267] The employees of the Department of Agriculture, outside of the city of Washington, may hereafter, in the discretion of the Sec- leave in field servretary of Agriculture, be granted leave of absence not to exceed fifteen ice. 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.

Agricultural appropriation act of May 23, 1908 (35 Stat., 251).

other de

And hereafter officials of the Forest Service designated by the Cooperation Secretary of Agriculture shall, in all ways that are practicable, aid with in the enforcement of the laws of the States and Territories with regard partments. 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 departments, on request from them, in the performance of the duties imposed on them by law.

Act of March 11, 1912 (37 Stat., 74), extending to certain employees of the Forest Service and Bureau of Mines the right to compensation under the act of May 30, 1908, for injuries sustained.

ous work.

That the provisions of the act approved May thirtieth, nineteen Compensation hundred and eight, entitled "An act granting to certain employees of to employees inthe United States the right to receive from it compensation for injuries jured in hazardsustained 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.)

Act of May 30, 1908 (35 Stat., 556), granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment.

That when, on or after August first, nineteen hundred and eight, any Compensation person employed by the United States as an artisan or laborer in any tained in hazfor injuries susof its manufacturing establishments, arsenals, or navy yards, or in ardous work. 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.

Time limit.

children.

SEC. 2. That if any artisan or laborer so employed shall die during Compensation the said year by reason of such injury received in the course of such to widows and 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.

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

Reports of injuries.