mission. 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 for purchase of lands continued. interest may be Agricultural appropriation 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, inclusive, as shall remain unexpended at the close of each of said fiscal years. Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. Objects of hisSEC. 2. That the President of the United States is hereby author toric or scientific ized, in his discretion, to declare by public proclamation historic na- landmarks, historic and prehistoric structures, and other objects of monu- 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. Permits for examination, exca lection. SEC. 3. That permits for the examination of ruins, the excavation vation, and col- 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. Uniform rules 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 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 Forest officers 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 to be selected practicable, from qualified citizens of the States or Territories in where forests are which the said reserves, respectively, are situated. from States 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). sence and sick [267] The employees of the Department of Agriculture, outside of Leave of abthe 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). And hereafter officials of the Forest Service designated by the Cooperation Secretary of Agriculture shall, in all ways that are practicable, aid with other dein 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 for injuries susperson employed by the United States as an artisan or laborer in any tained in hazof 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 Time limit. 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. 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 Reports of injuwithin the terms of the first section of this act, and which results in ries. Affidavits case of death. Affidavits case of injury. in death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each department or independent office shall have power, however, to charge a special official with the duty of making such reports. SEC. 4. That in the case of any accident which shall result in death the persons entitled to compensation under this act or their legal representatives shall, within ninety days after such death, file with the Secretary of Commerce and Labor an affidavit setting forth their relationship to the deceased and the ground of their claim for compensation under the provisions of this act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisin factorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this act shall, within a reasonable period after the expiration_of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be accompanied by a certificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shall be satisfactorily accounted for. Determining If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by the claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for compensation is established under this act, the compensation to be paid shall be determined as provided under this act and approved for payment by the Secretary of Commerce and Labor. compensation. Medical examinations. Payment SEC. 5. That the employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the Secretary, and if such employee refuses to submit to or obstructs such examination his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction. to SEC. 6. That payments under this act are only to be made to the beneficiaries, etc. beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors. Contracts to exity void. SEC. 7. That the United States shall not exempt itself from liability empt from liabil- under this act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulation shall be pro tanto void. SEC. 8. That all acts or parts of acts in conflict herewith or providing a different scale of compensation or otherwise regulating its payment are hereby repealed. Repeal. Buildings, limit of cost. BUILDINGS AND PROPERTY. Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). * * * [1246] GENERAL EXPENSES, FOREST SERVICE: To enable the Secretary of Agriculture to erect necessary buildings: Provided, That the cost of any building erected shall not exceed six hundred and fifty dollars. By the agricultural appropriation act of March 4, 1907 (34 Stat., 1269), the limit of cost for buildings was fixed at $1,000. This was reduced to $500 by appropriation act of May 23, 1908 (35 Stat., 259), and increased to $650 by the above act. The same limit is fixed by the appropriation act of August 10, 1912. |