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Issued February 13, 1913.
U. S. DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SOLICITOR.

GEO. P. MCCABE, Solicitor.

THE NATIONAL FOREST MANUAL.

GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND
OPINIONS APPLICABLE TO THE CREATION,
ADMINISTRATION, AND PROTECTION

OF NATIONAL FORESTS.

PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES

OF THE DEPARTMENT OF AGRICULTURE.

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LETTER OF TRANSMITTAL.

Wa

U. S. DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SOLICITOR,

Washington, D. C., November 8, 1912. SIR: I have the honor to transmit herewith, and to recommend for publication, a compilation of laws and parts of laws of a general nature affecting the administration and protection of the National Forests, with citations to acts of special or local application, and references to the more important decisions of the courts, the Interior Department, the Attorney General, the Comptroller of the Treasury, and the Solicitor of the Department of Agriculture. This compilation was requested by the Forester, and under my direction was compiled by Mr. W. W. Dyar, with the aid of other assistants to the Solicitor, all under the supervision of Mr. R. W. Williams, in charge of the Forest Service section of this office. Respectfully,

GEO. P. McCABE,

Solicitor.
Hon. JAMES Wilson,
Secretary of Agriculture.

Forestry
SD

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Work........

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Establishment of National Forests and general powers of administration (national

monuments and game refuges).....

Legislation affecting particular National Forests .......

Uniform rules and regulations ...

Operation........

Personnel...

Buildings and property......

Decisions affecting the work of “operation

Arrests—Carrying concealed weapons .....

Lands.................

Claims procedure......

Instructions of January 19, 1911 (39 L. D., 458), to special agents and

registers and receivers.......

Final proof notices, etc.—Copies to forest officers..........

Filing of township plats-Notices to forest officers.......

Joint circular of November 25, 1910 (39 L. D., 374), relating to pro-

cedure in claims cases affecting the National Forests......

Homestead laws....

Basic provisions of the homestead laws most generally affecting Forest

Service work.

...................

United States Revised Statutes..

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................

Special provisions in favor of soldiers and sailors......

Three-year bomestead law.....

Limitation to 320 acres under all land laws, excepting mineral laws.

Free homesteads on certain Indian lands opened to settlement..

Additional homestead entries............

Enlarged homesteads in certain States..

Contests and cancellation of claim-Preference right....

Commutation provisions.......

Homestead by married women ..

Settlers who become insane........

Leaves of absence.......

Final proof notices...

Distinction between offered and unoffered lands abolished...

Relinquishments.......

General provisions of the homestead laws extended to certain lands

the Yellowstone (now Shoshone) National Forest, etc.....

Homesteads in former Siletz Indian Reservation.................

Homestead laws extended to Alaska, with modifications, etc.........

Lands in the Black Hills Forest Reservation, settled upon and im-

proved before September 19, 1898, may be entered under the home-

stead laws, etc...

Decisions under the homestead laws...

Agricultural lands in National Forests.....

Decisions relating to the listing of agricultural lands for entry-Act

June 11, 1906 (34 Stat., 233).......

Mining laws.........

Basic provisions of the mining laws most generally affecting Forest-

Service work.......

United States Revised Statutes ...

Other provisions of the mining laws........

Mining laws in Alaska.......

Decisions under the mining laws.

Mineral springs and lands adjacent...

Decisions relating to mineral springs

Coal-land laws............

Basic provisions......

United States Revised Statutes....

Surface patents on good-faith entries of coal lands .......

Agricultural entry for surface of lands classified or withdrawn as

lands. (Not applicable to Alaska.)....

Coal-land laws extended to Alaska......

Amendments to coal-land laws in Alaska..

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Lands-Continued.

Coal-land laws—Continued.

Decisions under the coal-land laws......

Coal lands........

Timber and stone laws.....

Limitation to 320 acres under all land laws excepting mineral laws

Decisions under the timber and stone laws....

Desert-land laws..

Limitations and restrictions—Extension of time ........

Second desert-land entries.....

Limitation to 320 acres under all land laws, excepting mineral-land laws.

Secretary of Interior authorized to grant further time for making final

proof........

Decisions under the desert-land laws.......

School lands....

Decisions as to school lands in National Forests ....

Lieu selections....

Railroad grant lands..

Right of way laws..........

Highways and railroads.....

United States Revised Statutes....

Rights of way for water for irrigation and power development...

United States Revised Statutes....

Rights of way in Alaska-Railroads, tram roads, and wagon roads..

Decisions relating to rights of way......

Indian allotments in National Forests ......

Town sites................................

Administrative sites.........

Special use permit...

Timber and stone for United States reclamation works....

Silviculture.....

Timber sales........

Decisions applicable to timber-sale contracts

Grazing.....

Decisions applicable to grazing.............

Trespasses..........

Timber trespasses....

Criminal code of March 4, 1909 (36 Stat., 1088, 1098).

Fire trespasses.......

Criminal code of March 4, 1909 (36 Stat., 1088, 1098, and 1099)....

Unlawful fencing.......

Miscellaneous trespasses and other offenses against the United States.

Criminal code of March 4, 1909...

Procedure.........

United States Revised Statutes...

Decisions relating to trespasses....

Cutting of timber...

In general......

From public mineral lands.

From homestead claims.....

From mining claims......

From railroad lands.............

From lieu selection...

Damage—Innocent and willful trespasses....

Fire trespasses................

Grazing trespasses................

Miscellaneous trespasses and other offenses against the United States.

Fiscal management and appropriations...

United States Revised Statutes........

Decisions relating to fiscal management, appropriations, and refunds..

In general................

General expenses..........

Improvements......

Fire-fighting fund.......

Reforestation........

Supplies...................

Refunds.................

Index...

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GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND

OPINIONS APPLICABLE TO THE CREATION, AD-
MINISTRATION, AND PROTECTION OF NATIONAL
FORESTS.

ESTABLISHMENT OF NATIONAL FORESTS AND GENERAL

POWERS OF ADMINISTRATION (NATIONAL MONUMENTS

AND GAME REFUGES.)
Act of March 3, 1891 (26 Stat. 1095), to repealtimber-culture laws, and for other purposes.

(1103) SEC. 24. That the President of the United States may, from Creation of Na time to time, set apart and reserve, in any State or Territory having t.

v State or Territory having tional Forests. 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, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the jimits thereof.

Agricultural appropriation act of March 4, 1907 (34 Stat. 1256). (1269] * * * Forest reserves. * * * shall be known hereafter Designation of as National Forests * * *

forest reserves. Sundry civil appropriation act of June 4, 1897 (30 Stat., 11). [34] * * * To remove any doubt which may exist pertaining to President em

powered to rethe authority of the President thereunto sin regard to the National

voke, modify, or Forests), the President of the United States is hereby authorized and suspend Execuempowered to revoke, modify, or suspend any and all such Executive tive orders or

proclamations. orders and proclamations, or any part thereof, from time to time as he proc shall deem best for the public interests: * * * [36] The President is hereby authorized at any time to modify any President may

modify any ExecExecutive order that has been or may hereafter be made establishing any i

Y utive order, etc. forest reserve, and by any such modification may reduce the area or change the boundary lines of such reserve, or may vacate altogether any order creating such reserve.

Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). (1271) Hereafter no forest reserve shall be created, nor shall any No new forests additions be made to one heretofore created within the limits of the tor

ne certain States. States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress. (California added by act of Aug. 24, 1912, p. 9, post.) Act of February 1, 1905 (33 Stat., 628), providing for the transfer of forest reserves from

the Department of the Interior to the Department of Agriculture. The Secretary of the Department of Agriculture shall, from and after Transfer of Na

tional Forests to the passage of this act, execute or cause to be executed all laws affecting care of Secretary public lands heretofore or hereafter reserved under the provisions of of Agriculture. section twenty-four of the act entitled “An act to repeal the timber- 26 Stat., 1095.

1 The public lands are held in trust for the whole people, not for the people of the States within which they are located. The Government has in its lands all the rights of an individual proprietor to maintain its possession and prosecute tres passers. It may deal with them as an individual may deal with his lands. It may sell or withhold them from sale or settlement. It may absolutely prohibit or fix the terms on which they may be used. The constitutional declaration that “Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or the property belonging to the United States” (Art. IV, sec. 3), places in Congress authority and discretion to exercise the above rights and powers; and Congress may therefore reserve or authorize the President to reserve public lands as National Forests without the consent of the State within whose borders they lie. (Light v. United States, 220 V. S., 623, and cases therein cited.)

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