gass Sjhf ': ^6 Book— ^^ - ^"3, OFFICE OF INDIAN AFFAIRS REGULATIONS AND INSTRUCTIONS FOR OPflCERS IN CHARGE OF FORESTS ON INDIAN RESERVATIONS APPROVED JUNE 29, 1911 WASHINGTON GOVERNMENT PRINTING OJFIC.E 1911 4 ^ s^ N 4^ REGULATIONS AND INSTRUCTIONS FOR OFFICERS IN CHARGE OF FORESTS ON INDIAN RESERVATIONS. Section 1. — The superintendent of each reservation will be expected and required to do all in his power to secure a wise and advantageous use of forest resources. As the direct representative of the Commissioner of Indian Affairs upon the reservation, he must be held responsible for all forestry work thereon. Section 2. — On reservations where a special officer is stationed the superintendent will delegate to him the direct supervision of the guards, forest and mill em- ployees, and others engaged in forestry work. These officers will consult with the superintendents upon all important matters, and the superintendents will sup- port them, under ordinary circumstances, in all acts of administration. They shall submit reports to the superintendent, as required by him, and to the Com- missioner of Indian Affairs, through the superin- tendent, when requested. They shall thoroughly familiarize themselves with all phases of forestry work on the reservations to which they are assigned, includ- ing a knowledge of boundaries, of the number of acres of timber land, of the total stand of timber, of the 8 4 REGULATIONS AND INSTRUCTIONS. relative quantity, rapidity of growth, seeding qualities, character of reproduction, adaptability to location, etc., of the different species found. The}^ must also ac- quaint themselves with the cost of logging and manu- facture under different systems, local markets and the possibilities of develoj^ing the same, and all other prac- tical and technical work which will aid the office in so managing the Indian forests as to obtain the greatest revenue for the Indians consistent with a proper pro- tection and improvement of the forests. Section 3. Forest guards shall perform their duties under the direction of the special forest officer stationed upon the reservation, or under the superintendent. They shall patrol their districts to prevent and report trespass, fires, violation of agreements by those con- ducting timber operations, the commission of waste by the Indians or others, and perform other duties as directed, among which may be work in the building of unprovements of various kinds, such as telephone lines, roads, trails, and fire lines for the proper protec- tion and administration of the forests. Under the di- rection of the forest officer in charge, or the superin- tendent, they shall perform the duties of line riders and stockmen in exercising a proper control of grazing. Wherever a forest officer is in charge the guards shall be selected by him with the advice and approval of the superintendent, and it shall be his duty to recommend the discharge of any inefficient guard. Section 4. — It shall be the duty of the Indian police to prevent and suppress forest and grass fires as far as possible, and failure on their part to perform such FORESTS ON INDIAN RESERVATIONS. 5 duties, or to report promptly any fire which they can not control, will constitute sufficient cause for dismissal. At times of unusual fire danger the superintendent should detail the police to special patrol for the pre- vention of fire. TRESPASS ON INDIAN TIMBERLANDS. Section 5.— The act of June 25, 1910 (36 Stat. L., 855- 857), entitled "An act to provide for determining the heirs of deceased Indians, for the disposition and the sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes," provides: Sec. 6. That section 50 of the act entitled "An act to codify, revise, and amend the penal laws of the United States," ap- proved March 4, 1909 (35 U. S. Stat. L., p. 1098), is hereby amended so as to read : " Sec. 50. Whoever shall unlawfully cut, or aid in unlaw- fully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree, growing, stand- ing, or being upon any land of the United States, which, in pur- suance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Govern- ment, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than $500, or imprisoned not more than one year, or both. All forest officers shall report promptly in writing to the superintendent any violation of this law of which they learn. Superintendents shall seize all timber unlawfully cut from Indian land, mark the same, for- bid its removal, and promptly report to the Commis- 6 REGULATIONS AND INSTRUCTIONS. sioner of Indian Affairs the name and post-office address of the trespasser. They should also report the names and post-office addresses of all witnesses of such depre- dations, so that if necessary the cases may be reported to the Department of Justice for the institution of a civil action for the recovery of damages, a criminal prosecution under the provisions of the act above cited, or the commencement of both civil and criminal actions. In investigating and reporting all cases of trespass an especial effort must be made to secure all evidence pos- sible immediately after the discovery of the trespass. If the trespass appears to have been unintentionally committed the superintendent should ascertain what terms of settlement may be made and submit his re- port to the office for instructions. FIRE LAW AND PENALTY. Section 6. Section 6 of the act of June 25, 1910 (36 Stat. L., 855-857), also provides that section 53 of the act of March 4, 1909 (35 Stat. L., 1098), be amended so as to read : Sec. 53. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain, or upon any Indian reservation, or lands belonging to or occu- pied by any tribe of Indians under the authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the con- sent of the United States, shall, before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. FORESTS ON INDIAN RESERVATIONS. T Forest officers should use all diligence in the detection of parties guilty of a violation of this act. Each super- intendent or forest officer in charge is responsible for the division of his Indian forest into patrol districts and the assignment of guards to each district. Guards must use every possible effort to extinguish every fire of which they have knowledge, and must immediately investigate every one of which they are informed. During dry and dangerous periods the selection of headquarters, camping places, and routes should be made with the single object of preventing and discover- ing fires. Fires caused by lightning are not rare, espe- cially in dry mountain regions. After every electric storm a special effort should be made to locate and extinguish any such fires before they are well under way. Section 7. Small fires extinguished without difficulty by the officer who discovers them may be reported to the superintendent at the end of the month. Large fires requiring help from other guards or Indians, or attendance for several days, should be reported imme- diately to the superintendent or forest officer in charge. If help is needed the superintendent should get it at once, and telegraph the Commissioner of Indian Affairs if any amount in excess of $300 is required. He will also notify the Commissioner of Indian Affairs as soon as the total cost of any fire requiring extra help and expense is ascertained. Every superintendent is au- thorized, in person or through a subordinate, to hire temporary men, purchase tools and supplies, and pay for their transportation from place to place to extin- 8 REGULATIONS AND INSTRUCTIONS. guish a fire. No expense for fighting a fire outside a reservation must be incurred unless the fire threatens the reservation. Fire fighters should be paid by the hour, actual working time, at the current local rates. The time consumed in going to and from the fire may be included. While the Indian Office is doing its ut- most to prevent and fight fires, only a limited amount of money is available for this purpose. Consequently it must be kept in mind that a fire which can not be controlled by from 20 to 40 men will run away from 100 or even more men, since heat and smoke in such cases make a direct fight impossible. Useless expense must not be incurred. On or before the fifth day of each month every superintendent will fill out and mail to the office his monthly fire report (Form No. 5-480). On or before January 1 of each year the superintendent will submit an annual report on fires (Form No. 5-483) covering the 12 months ending December 31. This report should be accompanied by a small scale map of the forest, showing the location of all areas burned over during the year. USE AND SALE OF TIMBER. Section 8. The act of Congress approved June 25, 1910 (36 Stat. L., 855-857) , further provides : Sec. 7. That the mature living and dead and down timber on unallotted lands of any Indian reservation may be sold under regulntions to be prescribed by the Secretary of the Interior and the proceeds from such sales shall be used for the benefit of the Indians of the reservation in such manner as he may di- rect: Provided, That this section shall not apply to the States of Minnesota and Wisconsin. FORESTS ON INDIAN RESERVATIONS. 9 Sec. 8. That the timber on any Indian allotment held under a trust or other patent containing restrictions on alienations, may be sold by the allottee with the consent of the Secretary of the Interior, and the proceeds thereof shall be paid to the allottee or disposed of for his benefit under regulations to be prescribed by the Secretary of the Interior. In all sales from either unallotted land or from al- lotments the approval by the superintendent, or by the Commissioner of Indian Affairs of any permit, proposal or contract made in accordance with the following regu- lations, shall operate as the specific consent of the Sec- retary of the Interior to the sale and removal of the timber covered thereby. Section 9. Large sales of timber will be made from unallotted lands as occasions arise. Such sales will re- ceive special consideration, and a regular contract will be executed, accompanied by a bond when necessary. However, small operations should be allowed in order to meet the needs of the Indians or to satisfy the re- quirements of white persons living upon reservations or of settlers living in the vicinity of the same. In some of these cases a charge should be made for the timber removed and in other instances no charge should be made. The course to be pursued will vary to some ex- tent with the conditions on each reservation, and the circumstances of each individual case, but the general policy to be followed by the superintendent should accord with the following principles: (a) No charge should be made to Indians for dead or living timber taken from unallotted lands for per- sonal use. A stumpage charge, fixed with a view to 10 REGULATIONS AND INSTRUCTIONS. the encouragement of Indians in habits of thrift and improvement of the condition of the forest, should be made to Indians removing dead timber from unallotted lands for sale. The full stumpage value should be charged to Indians removing living timber from un- allotted lands for sale. (h) A small stumpage charge should be made to persons other than Indians for dead timber removed from unallotted land for personal use. The full stumpage value should be charged such persons for either living or dead timber removed from unallotted lands for sale. Where the amount of timber available is no greater than is needed by the Indians, no sales should be made. All expenses connected with the sale of timber from unallotted lands may be paid from the proceeds of the sale, but the net proceeds shall be deposited as " Indian Moneys — Proceeds of Labor." The gross proceeds must be taken up in the superintendent's account as " Miscellaneous receipts, class B." Section 10. — Extensive timber operations upon allot- ments will be conducted only under special permission from the Commissioner of Indian Affairs or the Secre- tary of the Interior. Small sales may be made with the permission of the superintendent. Except as pro- vided in section 11 all sales from allotments should be made through the superintendent, and a proper percentage of the proceeds may be deducted to cover the expenses connected with the sale. The net proceeds should be devoted to the improvement of the allotment or deposited to the credit of the allottee as " Individual FORESTS ON INDIAN RESERVATIONS. 11 Indian money." The gross proceeds received from such sale shall be taken up and accounted for by the superintendent under the same caption. The net pro- ceeds of such sales, not exceeding $25 at any one time^ nor $100 in any one month, may be paid to the allottee in cash in the discretion of the superintendent. The property of minors must be jealously guarded during their minority. It will be the general policy of the office to permit the sale of timber from allotments of minors only to meet the necessities of life, to afford the means of an education, or to improve the productive value of the land for agricultural or timber crops. Upon allotments of both minors and adults woodlots must be reserved wherever practicable. Upon areas not adapted to agriculture, where because of the slope a forest covering is needed, where the leaving of a second crop of timber is desirable, where the permanent maintenance of a woodlot is essential, and where any other conditions demand it, the merchantable trees nec- essary to accomplish the end in view should be reserved from sale. Extensive clear cutting should be permitted only where the land will be utilized for agricultural purposes. Section 11. — Superintendents will insist that all tim- ber cutting, not done under a formal contract, upon either unallotted lands or allotments by Indians or others, shall be done under the regular permit (Form No. 5-924) and will impress upon permittees the im- portance of preserving the permit form as evidence of their right to cut and remove timber. It is advisable that separate permit books be used for operations on 12 REGULATIONS AND INSTRUCTIONS. unallotted lands and on allotments in order that data for the superintendent's quarterly timber report (Form No. 5-481) and annual report (Form No. 5-486) may be readily abstracted. On reservations of limited ex- tent the permit should be issued from the agency office only. On large reservations permits may also be issued by subagents, or other officials, as may be found most convenient. Each quarterly and annual report by the superintendent must include the timber cut under all permits issued on the reservation. The same permit form will be used by the superintendent in allowing Indians to clear portions of their allotments for agri- cultural purposes. A complete record of such clearings must be kept in the permit book. Permit form (5-924) will be used only where the stumpage value of the timber to be removed from either imallotted lands or allotments is less than $25. In the discretion of the superintendent the value of the timber, not exceeding $26 in any one year, cut from an allotment under a per- mit, or permits, may be paid directly to the allottee by the purchaser and not be taken up in the superin- tendent's accounts. The permit form was devised as a convenience in meeting the requirements of Indians and other persons for limited quantities of timber for domestic, agricultural, and grazing purposes. It must not be used as a substitute for the regular timber contracts. Section 12. — For sales of timber of a stumpage value greater than $25 the regular contract forms (Form No. 5-487 for unallotted lands and Form No. 5-489 for allotments) must be used. No sale of timber from FORESTS ON INDIAN RESERVATIONS. 18 either tribal lands or from an allotment of a stumpage value greater than $25 shall be effected until an exami- nation of the timber to be sold shall have been made and a written recommendation of the sale submitted by the examiner, including an appraisal of the value of the timber, an exact description of the proposed sale area, and if possible a map showing all essential or important information. In all sales in which the stumpage value of the timber is greater than $250 the contracts must be forAvarcled to Washington for approval. In sales, of timber of a stumpage value not exceeding $250 the contracts may be made by the super- intendent on unallotted lands or approved by him for sales from allotments, but two copies of each contract signed or approved by the superintendent must be mailed immediately to the Commissioner of Indian Affairs. Section 13. — Open-market sales of timber not exceed- ing $100 each in stumpage value may be made from unallotted lands by the superintendent, but the total stumpage value of timber thus sold to any one indi- vidual, firm, or corporation in any one year shall not exceed $1,000. Section 14. — Open-market sales of timber not exceed- ing a total of $100 in stumpage value in any one jen,r may be made from any Indian allotment with the approval of the superintendent having jurisdiction thereover. Section 15. — All sales of timber of a stumpage value greater than $100 shall be made only after due adver- tisement. If the stumpage value of the timber offered 14 REGULATIONS AND INSTRUCTIONS. does not exceed $1,000 the advertisement may be made by posters and circular letters, and the sale may be made at auction or under sealed proposals. If the stumpage value exceeds $1,000 the advertisement must be made in at least two newspapers of general circulation in the State where the timber is situated, and sealed proposals must be received if the value exceeds $5,000. For sales in which the stumpage value of the timber does not exceed $5,000 the advertisement shall be for not less than 30 days; for sales exceeding $5,000 but not over $50,000, not less than 60 days; and for all sales exceeding $50,000, not less than 90 days. Section 16. — Timber which has been duly advertised for sale at public auction or under sealed proposals may be sold in open market for not less than the ap- praised value at any time within one year from the date of the auction or the last day on which bids were to be received as defined in the advertisement. Section 17. — Sales in which the stumpage value of the timber does not exceed $50,000 may be made from un- allotted land by the Commissioner of Indian Affairs or from allotments with his approval. Sales in which the stumpage value exceeds $50,000 shall be made only with the express approval of the Secretary of the Interior. Section 18. — A deposit of 10 per cent of the estimated value of the timber advertised shall be submitted with each proposal for timber not exceeding $5,000 in value, and a deposit of 5 per cent with each proposal for timber of a stumpage value exceeding $5,000 but not exceeding $50,000. The amount of the deposit to be FORESTS ON INDIAN RESERVATIONS. 15 required in sales exceeding $50,000 shall be determined at the time of each advertisement. Every deposit in excess of $500 must be in the form of a dul};^ certified check on a solvent national bank, drawn payable to the order of the superintendent having jurisdiction over the timber. Smaller deposits may be in cash, or a duly certified check as required by the advertisement. A deposit of 10 per cent of the estimated value of the timber sold will be required of the successful bidder, at the time of the sale, when timber is sold at auction. These deposits are required as a guaranty of good faith, and when a bond is not executed the deposit of the suc- cessful bidder will be retained until the contract is com- pleted. In the final settlement under the contract the deposit will be credited if the successful bidder has fully complied with the terms of his proposal and the con- tract, as a portion of the whole amount due for the tim- ber purchased. If a bond is furnished and accepted, the deposit may be credited as a first installment in pay- ment for the timber. The cash or certified checks de- posited will be returned to depositors whose proposals are not accepted. Section 19. — In all sales payments for timber will be required in advance of cutting, either as a single pay- ment or in the form of installments. In sales of a stumpage value not exceeding $100, the number of in- stallments shall not exceed 4; in sales of a value ex- ceeding $100 but not over $5,000, the number of install- ments shall not exceed 10 ; and in sales of a value greater than $5,000, but not over $50,000, the number of install- 16 BEGULA.TIONS AND INSTRUCTIONS. ments shall not exceed 20. In sales in which the stumpage value exceeds $50,000. the amount of the required deposits shall be determined at the time of each sale, but shall not be less than $2,500 each. Section 20. — In sales in which the stumpage value of the timber does not exceed $5,000 no bond will be re- quired ; in sales in which the value exceeds $5,000, but is not over $50,000, a bond may be required in the dis- cretion of the Commissioner of Indian Affairs and of an amount to be fixed by him; in sales in which the stumpage value exceeds $50,000, a bond will be re- quired in an amount to be fixed by the Secretary of the Interior. Section 21. — In all sales of timber from either un- allotted or allotted lands the amount deducted from the proceeds to meet the expenses connected with the sale should be sufficient to cover the cost of examina- tion, supervision, scaling, collecting, caring for the brush and protecting from fire the timber and young growth left standing. The amount required for all such expenses must be determined to a large extent from experience, and may be a percentage of the receipts or a certain rate per thousand feet of timber cut. Section 22. — The maximum periods which shall be allowed after the date of the contract for the cutting and removal of the timber purchased shall be as fol- lows: For sales of $1,000 stumpage value, or less, one year; for sales over $1,000, but not exceeding $5,000, two years; for sales over $5,000, but not exceeding 50,000, five years; for sales exceeding $50,000, the number of years fixed in the advertisement. However, FORESTS ON INDIAN RESERVATIONS. 17 the catting and removal of any amount shall not be so distributed over the allowed period as to render the cost of supervision unreasonably high. Section 23. — The right of the superintendent, the Commissioner of Indian Affairs, or the Secretary of the Interior to waive technical defects in advertise- ments and proposals and to reject any and all pro- posals shall be reserved in all cases according as each has authority to make sales. Section 24. — All contracts for the sale of timber from unallotted lands or from allotments must be executed in quadruplicate. If the sale is for timber of such a value that the contract can not be made or approved by the superintendent all copies must be forwarded to the Commissioner of Indian Affairs. If the contracts are approved by the Commissioner or by the Secretary of the Interior, one copy will be retained in the Indian Office, one copy filed in the auditor's office, and two copies returned to the superintendent. A copy must be kept in the agency file, and the fourth copy should be given to the contractor. If the contract is for the sale of timber from an allotment it should be executed in quintuplicate, in order that a copy may be available for presentation to the allottee upon request. SALE OF TIMBER OF MINORS. Section 25. — A contract for the sale of the timber on the allotment of a minor under the act of June 25, 1910, must be signed by the father, mother, superintendent, or other officer in charge of the agency, in the order 987—11 2 18 REGULATIONS AND INSTRUCTIONS. named. In timber sales from allotments the same pre- caution for the future interests of the minor should be observed as a court of chancery or guardianship would exercise in authorizing the conversion of the property of a minor into another form, or the use of the prin- cipal for necessities. Such sales will never be approved as a matter of course, but in all cases must be thoroughly considered and most carefully supervised. SPECIAL REQUIREMENTS OF CONTRACTS. Section 26. — The allowable height of stumps should usually be fixed at 10, 12, 14, 16, or 18 inches and should never exceed the diameter of the tree at the top of the stump, unless the trees are excessively swell-butted or both badly and generally affected with shake. Where the trees are small the maximum stump height may be fixed at less than 18 inches. The maximum diameter of the base of tops should be fixed so as to utilize all timber which may be taken without loss by the use of methods of logging and utilization which are econo- mical and feasible. Wherever the market conditions and the kind of timber being cut will permit, all trees should be utilized to a diameter of 6 inches in the tops. If still smaller timber is merchantable the purchaser should be required to take it and pay for it. Section 27. — The general minimum diameter limits to which trees will be cut as stijDulated in the contract will vary greatly with local conditions, but upon lands which are to be kept as timber lands should be such as to leave sufficient seed trees in all cases, and in most FORESTS ON INDIAN RESERVATIONS. 19 instances such as to leave 20 to 30 per cent of the mer- chantable stand as a basis for future timber crops. Section 28.— Ordinarily the brush should be piled at the time of cutting and burned either as piled or as soon thereafter as it can be conveniently done. A good time to burn brush which has accumulated during the summer or lain over from the previous winter's log- ging is directly after the first fall of snow in the autumn. Where there is a special danger of soil ero- sion, or where on a steep slope or in a dry locality a soil covering is needed to insure reproduction, the brush may be scattered. Occasionally the burning of brush will be impracticable because of the density of the stand of timber which is not cut. The piling and burn- ing of the brush should be insisted upon in all cases where there is any substantial doubt as to the method of disposal which should be used. Superintendents and special forest officers in charge of timber operations are particularly cautioned that the careful considera- tion of such questions and the strictest supervision of brush disposal, to the end that fire danger is reduced to the minimum, will be required by the office. MARKING. Section 29. — When standing timber is marked for cut- ting, the letters " U. S." should be stamped low enough on the tree to appear clearly on the stump after the tree is cut. l^Hiere snow may conceal the marking from the cutters, each tree must also be marked at a point several feet from the ground. Witness trees or 20 REGULATIONS AND INSTRUCTIONS. any tree blazed to mark the line of any Government survey should never be marked or otherwise designated for cutting. (Act of June 10, 1896,29 Stat. L., 321.) All mature and over-mature trees and merchantable trees of undesirable species should be marked. Unless needed for seed, all trees which show defects such as punk knots, spike tops, bad crooks, low forks, fire scars, cat- faces, or frost cracks, should be marked. The officer doing the marking should not be unreasonable in requiring purchasers to take defective trees, but as a general rule those which will yield one merchantable log should be marked. Poorly crowned or crowded trees of any usable size should be marked. Thrifty, young, rapidly growing trees of desirable species should not be marked even if they have a diameter larger than the minimum stated in the contract. 'Wliere the danger of windfall, or the need for protection of the soil from erosion is great, the number of trees marked for removal should be very limited. Each tree left should have its crown free enough for vigorous growth. As a rule trees left for seed should be young trees which will yield good lumber in the future. In mixed forests all seed trees should be of the more valuable species. If there is danger that fire will run over the cutting area, enough trees should be left to seed the ground fully even though reproduction is present at the time of the cutting. To give good re- sults, seed trees of most species should not be farther apart than twice their height, and should be evenly distributed over the cutting area. On the edge of openings, such as old burns, seed trees should be left FORESTS ON INDIAN RESERVATIONS. 21 on the side from which the prevailing winds blow. Isolated, thrifty trees of desirable species should be marked only when it is evident that this species will not grow well on that particular situation. The marker should first decide which trees are to be left and then mark the trees to be removed. Doubt whether a tree should be left for seed or protection should be resolved in favor of leaving, and a defective tree should be marked if there is doubt as to its being classed as merchantable. When dead timber is to be cut, the boundary of the cutting area may be marked and the marking of individual trees omitted. If for any reason trees within such an area are to be reserved from cut- ting they should be marked. SCALING. Section 30. — All saw timber should be scaled. Each log must be numbered with crayon. The number should be the same as that opposite which the scale of the log is recorded in the scale book. The logs in all skidways must be counted and the number in each checked with the entries in the scale book. Diameters of logs will be measured at the small end inside the bark and the scale recorded which corresponds with the nearest inch above or below the actual diameter. Logs which are not round should be scaled on the average diameter. Proper deductions should be made for defects in logs, but no deduction for curves or sweep should be made in scaling lengths which exceed 16 feet. Logs and other timber so defective as to be absolutely worthless should not be stamped. Unsound or crooked logs should be 22 REGULATIONS AND INSTRUCTIONS. ^ scaled down to the actual contents of merchantable material. All partially unsound but merchantable tim- ber must be scaled, whether removed or not, wherever the merchantable material in the same will pay for the sawing. The scale book is Form 5-925. Section 31. — The purchasers may be required to skid logs, to mark the top ends, and place them even in the pile, and to skid logs of different lengths in separate piles as shall be necessary for convenient scaling. Log lengths should be accurately measured at frequent intervals to insure that they do not overrun the 3 extra inches allow^ed for trimming. Logs should be skidded for scaling if the cost of scaling will be ma- terially decreased by this requirement. Section 32.— The Scribner " Decimal C " log rule shall be used in scaling. This rule drops the units and gives the contents of a log in the nearest number of tens. Thus, the contents of a 16-foot log 12 inches in diameter, which is 79 board feet according to Scribner's computa- tion, is evened off to 80 and given as 8 ; the 303 board feet in a 24-inch log 12 feet long are rounded off to 300 and appear as 30 in the table. The total scale of a log in board feet is obtained by multiplying by 10 the number read from the scale stick. The Scribner " Decimal C " log rule for logs from 6 to 16 feet in length and from 6 to 120 inches in diameter is as follows : FOKESTS ON INDIAN RESERVATIONS. 23 Scribner Log Rule. [Decimal «C."] • LENGTH (FEET). Diameter. Diameter. 6 8 10 12 14 16 Inches. Bd. . Bd.ft. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Inches. 6 0.5 0.5 1 1 1 2 6 7 0.5 1 2 2 3 7 8 1 1 2 2 2 3 8 9 1 2 3 3 3 4 9 10 2 3 3 3 4 6 10 11 2 3 4 4 6 7 11 12 3 4 i 5 6 1 7 8 12 13 4 5 1 6 7 f 8 10 13 14 4 6 7 9 10 11 14 15 5 7 9 11 12 14 15 16 6 8 10 12 14 16 16 17 7 9 12 14 16 18 17 18 8 11 13 16 19 21 18 19 9 12 15 18 21 24 19 20 11 14 17 21 24 28 20 21 12 15 19 23 27 30 21 22 13 17 21 25 29 33 22 23 14 19 23 28 33 38 23 24 15 21 25 30 35 40 24 25 17 23 29 34 40 46 25 26 19 25 31 37 44 50 26 27 21 27 34 41 48 55 27 28 22 29 36 44 51 68 28 29 23 31 38 46 53 61 29 30 25 33 41 49 57 66 30 31 27 36 44 53 62 71 31 I 32 28 37 1 46 55 64 74 32 1 33 29 39 1 49 69 69 78 33 1 34 30 40 50 60 70 80 34 35 33 44 55 66 77 88 35 36 35 46 1 58 69 1 81 92 36 37 39 51 ; 64 77 I 90 103 37 38 40 54 67 80 1 93 107 38 39 42 56 1 70 84 j 98 112 39 40 45 60 ! 75 90 105 120 40 41 48 64 1 79 95 111 127 41 42 50 67 84 101 117 134 42 43 52 70 .87 105 122 140 43 44 56 i 74 ! 93 111 129 148 44 45 1 57 i 76 1 95 114 1 133 152 45 24 REGULATIONS A.ND INSTEUCTIONS. Scribner Log Rule — Continued. [Decimal "C."] LENGTE (FEET). Diameter. Diameter. 6 8 10 12 14 16 Inches. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Inches. 46 59 79 99 119 139 159 46 47 62 83 104 124 145 166 47 48 65 86 108 130 151 173 48 49 67 90 112 135 157 180 49 50 70 94 117 140 164 187 50 51 73 97 122 146 170 195 51 52 76 101 127 152 177 202 52 53 79 105 132 158 184 210 53 54 82 109 137 164 191 218 54 55 85 113 142 170 198 227 55 56 88 118 147 176 206 235 56 57 91 122 152 183 213 244 57 58 95 126 158 189 221 252 58 59 98 131 163 196 229 261 59 60 101 135 169 203 237 270 60 61 105 140 175 210 245 280 61 62 108 145 181 217 253 289 62 63 112 149 187 224 261 299 63 64 116 154 193 232 270 309 64 65 119 159 199 239 279 319 65 66 123 164 206 247 288 329 66 67 127 170 212 254 297 339 67 68 131 175 219 262 306 350 68 69 135 180 226 271 316 361 69 70 139 186 232 279 325 372 70 71 144 192 240 287 335 383 71 72 148 197 247 296 345 395 72 73 152 203 254 305 356 406 73 74 157 209 261 314 366 418 74 75 161 215 269 323 377 430 75 76 166 221 277 332 387 443 76 77 171 228 285 341 398 455 77 78 176 234 293 351 410 468 78 79 180 240 301 361 421 481 79 80 185 247 309 371 432 494 80 81 190 254 317 381 444 508 81 82 196 261 326 391 456 521 82 83 201 268 335 401 468 535 83 84 206 275 343 412 481 549 84 85 210 281 351 421 491 561 85 FORESTS ON INDIAN RESERVATIONS. 25 Scrihner Log Rule — Continued, [Decimal "C."] LENGTH (FEET). Diameter, Diameter. 6 8 10 12 14 16 Inches. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Bd.ft. Inches. 86 215 287 359 431 503 675 86 87 221 295 368 442 516 589 87 88 220 301 377 452 527 603 88 89 231 308 385 462 539 616 89 90 236 315 393 472 551 629 90 91 241 322 402 483 563 644 91 92 246 329 411 493 675 667 92 93 251 335 419 503 587 671 93 94 257 343 428 514 600 685 94 95 262 350 437 525 612 700 95 96 208 357 446 536 625 715 96 97 273 364 455 546 637 728 97 98 278 371 464 557 650 743 98 1 99 284 379 473 568 663 757 99 100 289 386 482 579 675 772 100 101 295 393 492 590 688 787 101 102 301 401 502 602 702 803 102 103 307 409 512 614 716 819 103 104 313 417 522 626 730 835 104 ' 105 319 425 532 638 744 851 105 106 325 433 542 650 758 867 106 107 331 442 553 663 773 884 107 108 337 450 563 675 788 900 108 109 344 459 573 688 803 917 109 110 350 467 583 700 817 933 110 111 356 475 594 713 832 951 111 112 362 483 604 725 846 967 112 113 369 492 615 738 861 984 113 114 375 501 626 751 876 1,001 114 115 382 509 637 764 891 1,019 115 116 389 519 648 778 908 1,037 116 117 396 528 660 792 924 1,056 117 118 403 537 672 806 940 1,075 118 119 410 547 683 820 957 1,093 119 120 417 556 695 834 973 1,112 120 Section 33. — In all ordinary sales the maximum scal- ing length of logs shall be 16 feet. No scaling lengths 26 REGULATIONS AND INSTRUCTIONS. in excess of 16 feet shall be allowed under any cir- cumstances without the special permission of the Com- missioner of Indian Affairs. If a log exceeds 16 feet in length it will be scaled as two or more logs, in lengths not less than 12 feet where practicable. The following table shows how the lengths should be divided in the scaling of logs 18 to 60 feet long. The number of inches to be added to the diameter, nt -lie points of division made for scaling purposes from the top toward the butt of a long log to allow for taper, is placed under each length. Total length. Log lengths. Total length. Log lengths. Feet. Butt log. Sec- ond log. Third log. Top log. 8' 0" 10' 0" 10' 0" 10' 0" 12' i5" 0" 14' 0" 16' 0" 10' 0" 12' 0" 12' 0" Feet. Butt log. Sec- ond log. Third log. Top log. 18 10' 1" 10' 1" 12' 1" 14' 1" 14' 1" 14' 2" 16' 2" 16' 2" 12' 3" 12' 3" 14' 3" 40. 42. 44. 46. 48. 50. 62. 54. 56. ; 58. 1 1 60. i 16' 3" 16' 3" 16' 3" 16' 4" 16' 4" 14' 4" 16' 4" 16' 5" 16' 5" 16' 5" 16' 5" 12' 1" 14' 1" 16' 1" 16' 2" 16' ll' 3" 12' 3" 14' 3" 16' 3" 16' 3" 16' 3" ■l2'" 1" 12' 1" 12' 1" 12' 1" 14' 2" 14' 2" 17' Increase.. Increase.. 0" 20 1?' Increase Increase.. 0" 22 ir Increase Increase.. 0" 24 14' Increase. . Increase.. 0" 26 . 16' Increase . Increase.. 0" 28 12' Increase . . Increase. . 0" 30 12' Increase . . Increase.. 0" 32 12' Increase.. Increase . . 0" 34 12' 1" 12' 1" 12' 1" 12' Increase.. 36 Increase . . 0" 12' Increase.. 38 Increase.. 0" 14' Increase.. Increase.. 0" FOKESTS ON INDIAN RESERVATIONS. 27 For example, a 42-foot log, 16 inches in diameter ai the top, would be scaled as : One 12-foot log with a diameter of 16 inclies. One 14-foot log with a diameter of 17 inches. One 16-foot log with a diameter of 19 inches. This table is intended only as a guide. The allow- ance for taper should be varied to conform to the actual taper. Section 34.— AVhen scaled each stick of saw logs, tim- bers, ties, posts, poles, piles, or stulls must be stamped "U. S." on at least one end. Cordwood must be stamped at both top and bottom of each pile and on at least 10 pieces in each cord. In the absence of a scale stick or where the position of the logs in piles makes the use of a scale stick difficult, the diameters and lengths of the logs or poles may be tallied and the con- tents figured from a scale table later. Ties may be ac- tually scaled, or they may be counted and the number multiplied by the average contents. Ordinarily 8-foot, standard face ties may be rated at 33J board-feet each, or 30 ties to the one thousand feet; 8-foot second- class ties and 6-foot standard-face ties may be rated at 25 board-feet each, or 40 ties to the thousand feet. Shake and shingle bolt material may be measured either by the cord or by the thousand-feet board measure. Poles, posts, piles, etc., may be scaled, sold by the linear foot or by the piece as circumstances make advisable. The equivalent in board-feet of a cord of wood will vary from 500 to 700. A cubic foot of round timber contains from 6 to 8 board feet of sawn lumber. Twelve board feet of lumber equal 1 cubic foot. An ordinary 28 REGULATIONS AND INSTRUCTIONS. fence post may be considered equivalent to 5 board feet or IJ cubic feet, and an ordinary telephone pole to 60 board feet, or 10 cubic feet. Five laths equal 1 board foot and 60 laths 1 cubic foot, while 10 shingles equal 1 board foot and 1,000 shingles about 9 cubic feet. AGENCY SAWMILLS. Section 35. — The agency sawmill has important possi- bilities as a means of training Indians in habits of work, as an incentive to improved housing conditions and other improvements on allotments, and as a source of revenue for the general uplift of the tribe. The gratuitous issue of lumber should be restricted to indi- gent Indians whose circumstances are such as to make it impossible for them to earn their own living. The cost of sawing timber, cut from allotments, should be paid by the Indians for whom the sawing is done, and both the stumpage value and the cost of sawing should be covered by the price at which lumber cut from tribal lands is sold to able-bodied Indians. In lieu of paying cash, such Indians may be allowed to perform work as an equivalent of the stumpage value and the cost of sawing for all lumber which they receive. No profit for the mill should be expected upon timber cut from allotments and brought to the mill by the allottee, nor upon lumber cut from tribal lands and sold to the Indians for their personal use. Upon timber cut from tribal land, manufactured at the mill and sold to per- sons other than Indians, or to Indians for sale to others, a profit for the benefit of the tribe should be realized. In manv instances it will be found most convenient to FORESTS ON INDIAN RESEEVATI0N3. 29 accept pa}^ for sawing and for stumpage in the form of a toil of the lumber sawn. The percentage which should be deducted as a toll will depend upon the cost of sawing and the value of the sawn lumber at the particular mill. In general the cost of rough sawing at agency mills will be from one-fourth to one-third of the value of the product at the mill, and this cost will determine the proportion to be deducted. The amount of toil to be deducted for sawing, dressing, and matching will vary from one- third to two-fifths of the value of the product, and the toll should be fixed ac- cordingly. If the timber is cut from unallotted lands, an additional toll should be taken to cover stumpage. If the Indians who bring in the logs aid in the sawing, an allowance should be made for their wages. How- ever, the practice of requiring or allowing each Indian to aid in the sawing of the logs which he brings to the mill should be discouraged and a regular mill crew maintained as far as possible. Section 36. — Superintendents are authorized to em- ploy Indians or other persons to cut logs from tribal lands and deliver them to the mills. The cost of cut- ting and delivering logs to the mill yard will vary from $3.50 to $6.50 per thousand feet, according to local con- ditions, but the payment of more than $5 for such work will seldom be justified. The use of portable mills so as to avoid long hauls will obviate the necessity for a high cost of logging. Every effort should be made to induce Indians to do all work in connection with log- ging and the manufacture of lumber, but they must be required to render services commensurate with the 30 BEGULA.TIONS AND INSTRUCTIONS. wages which they receive. The economic and moral success of a mill should not be jeojardized by a policy of keeping indolent Indians in positions carrying good salaries or by the payment of too high wages. The necessary expenses connected with logging and milling operations conducted by the superintendent on unal- lotted lands may be paid from the proceeds of the lum- ber sold, but the net proceeds must be deposited to the credit of the tribe as " Indian moneys — proceeds of labor," and any profit which may accrue from the manufacture of timber cut by Indians from either unallotted or allotted lands shall be deposited under the same caption. The office will recognize to the fullest extent the moral, educational, and general social re- sults obtained through the management of an agency sawmill, but superintendents are urged to bear in mind that the amount of the profit realized from the operation will be one test of the success of the mill. Prior to the 5th of each month a report covering the work of the previous month at the agency sawmill should be for- warded to the office and a duplicate of the same re- tained in the agency file. If there is more than one mill at an agency a separate report should be made for each. In these reports (Form 5-485) the term " issue " will be confined to gratuities. Section 37. — The system of allowing private saw- mills to take a toll of lumber sawn for Indians in payment for the sawing is open to grave abuses, and wherever it is necessary to follow this plan a strict supervision must be exercised in order that an inequi- table amount, or too large a proportion of the better FORESTS ON INDIAN RESEEVATIONS. 31 quality, of the lumber is not retained as a toll. A reasonable profit in addition to the actual cost of manu- facture should be allowed, but the proportion to be taken as a toll for rough sawing should in no case ex- ceed two-fifths, and that for sawing, dressing, and matching should not exceed one-half. These maxi- mums are too high for mills which are accessible to good markets, or which are large and well equipped. GENERAL INFORMATION. Section 38. — Timber upon unallotted lands of reserva- tions situated within the States of Minnesota and Wis- consin, can not be sold under authority of the act of June 25, 1910, but dead and down timber may be sold under the act of February 16, 1889 (25 Stat. L., 673), which reads as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Tbat the President of the United States may from year to year in his discretion, under snch regulations as he may prescribe, authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell, or otherwise dispose of the dead timber, standing or fallen, on such reservation or allotment for the sole benefit of such Indian or Indians. But whenever there is reasonable cause to believe that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this act, then, in that case, such authority shall not be granted. Section 39. — The general act of June 25, 1910, does not repeal any provisions of precedent special acts ap- plicable to particular reservations, and all require- ments of special acts in conflict or at variance with the 32 REGULATIONS AND INSTRUCTIONS. terms or spirit of the general laAV must be complied with. However, the regulations formulated to cover sales under the general act will be applied and en- forced in all cases where the provisions are not in con- flict Avith the tenns of special acts, and the regular con- tract forms (Form No. 5-487, for unallotted lands, and Form 5-489, for allotments) will be used. The mature living and dead and down timber may be sold under the act of June 25, 1910, from the unallotted lands of any reservation, with the exception of the Five Civi- lized Tribes, where the special act provides for the res- ervation of the timber, or timber lands, for the use of the Indians of that reservation; or where the special act authorizes the sale of timber or timber land and the use of the proceeds for the benefit of the Indians, unless there are special restrictions as to the manner in which the proceeds of the sale are to be administered. SPECIAL ACTS APPLICABLE TO UNALLOTTED LANDS. Section 40. — Special acts applicable to unallotted lands referred to in section 39 are given below : BLACKFEET RESERVATION. ACT OF MARCH 1, 1907 (34 STAT. L., 1017, 1035). That lands classified and returned by said commission as timber lands shatt be sold and disposed of by the Secretary of the Interior, under sealed bids, to the highest bidder for cash, at not less than $5 per acre, under such rules and regulations as he may prescribe: Provided, That the said timber lands shall be sold in tracts not exceeding 40 acres, with preference right of purchase to actual settlers, including Indian allottees resid- ing in the vicinity, at the highest price bid. FORESTS ON INDIAN RESERVATIONS. 33 COLVILLE RESERVATION. ACT OF MARCH 22, 1906 (34 STAT. L., 80). Sec. 5. Ttiat all of said lands returned and classified as tim- berlands shall be sold and disposed of by tbe Secretary of tbe Interior under sealed bids to the highest bidder for cash or at public auction, as the Secretary of the Interior may determine, and under such rules and regulations as he may prescribe. FLATHEAD RESERVATION. ACT OF APRIL 23, 1904 (33 STAT. L., 302). Sec. 6. That said commission shall in their report of lands of the third class determine as nearly as possible the amount of standing saw timber on legal subdivisions thereof and fix a minimum price for the value thereof, * * * Sec. 11. That all of said lands returned and classified by said commission as timberlands shall be sold and disposed of by the Secretary of the Interior under sealed bids to the highest bidder for cash or at public auction, as the Secretary of the Interior may determine, under such rules and regulations as he may prescribe. AMENDMENT CONTAINED IN ACT OF MARCH 3, 1909 (35 STAT. L^ 781, 796). That section eleven of the Act of April twenty-third, nineteen hundred and four (Thirty-third Statutes at Large, page three hundred and two), entitled "An Act for the survey and allot- ment of lands now embraced within the limits of the Flathead Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment," be amended to read as follows : '•Sec. 11. That all merchantable timber on said lands returned and classified by said commission as timberlands shall be sold and disposed of by the Secretary of the Interior, for cash, under sealed bids or at public auction, as the Secretary of the Interior 987—11 3 H^ KEGULATIONS AND INSiEUCTIONS. may determine, and under such regulations as he may prescribe : Provided, That after the sale and removal of the timber such of said lands as are valuable for agricultural purposes shall be sold and disposed of by the Secretary of the Interior in such manner and under such regulations as he may prescribe." AMENDMENT CONTAINED IN ACT OF JUNE 25, 1910 (36 STAT L., 855-863). Sec. 29. That the Secretary of the Interior be, and he is hereby, authorized to classify and appraise, under such rules and regulations as he may prescribe, all of the vacant, un- allotted, and unreserved lands of the Flathead Indian Reserva- tion, in the State of Montana, which have not been classified and appraised as provided for by the act of Congress approved Apri,l twenty-third, nineteen hundred and four, entitled "An Act for the survey and allotment of lands now embraced within the limits of the Flathead Reservation, in the State of Montana, and the. sale and disposal of all surplus lands after allotment," and t^he classification and appraisement made hereunder shall be of the same effect as provided for in said act; and the said Secretary is hereby authorized to dispose of all lands classified as " barren," " burned over," and " containing small timber," under such rules and regulations as he may prescribe, at not less than their appraised value. FORT BERTHOLD RESERVATION. ACT OF JUNE 1, 1910 (36 STAT. L., 455, 458). Sec. 10. That the Secretary of the Interior is hereby au- thorized to set aside and reserve as a tribal forest reserve all timber lands, to be used by said Indians under the direction of the Commissioner of Indian Affairs. FORT HALL RESERVATION. ACT OF JUNE 6, 1900 (31 STAT. L., 672, 674). A^TJi^l^E IV. So long as any of the lands ceded, granted, and r^JtinQutshed under this treaty remain part of the public domain, Indians belonging to the above-mentioned tribes, and living on FORESTS ON INDIAN RESERVATIONS. 35 the reduced reservation, shall have the right, without any charge therefor, to cut timber for their own ase, but not for sale, and to pasture their live stock on said public lands, and to hunt thereon and to fish in the streams thereof. Sec. 5. That on the completion of the allotments and the preparation of the schedule provided for in the preceding sec- tion, and the classification of the lands as provided for herein, the residue of said ceded lands shall be opened to settlement by the proclamation of the President, and shall be subject to disposal under the homestead, town site, stone and timber, and mining laws of the United States only, excepting as to price. ACT OF MARCH 3, 1911 (36 STAT. L., 1058-1064). That the Secretary of the Interior is hereby authorized to set aside and reserve so much of the timber land of the Fort Hall Reservation as he may deem necessary to provide timber for the domestic use of the Indians, not exceeding in aggregate two townships of land. JICARILLA RESERVATION. ACT OF MARCH 4, 1907 (34 STAT. L., 1413). That the Secretary of the Interior may dispose of all mer- chantable timber on allotments herein authorized during the term these are held in trust and on the surplus lands for twenty-five years, the proceeds therefor to be expended under his direction for purposes beneficial to the individual allottees hereunder and their heirs, or for families, as he may deem best, and no part of such proceeds shall be expended for com- munity or common benefits other than irrigation, but shall be equitably apportioned as near as may be among the Indians entitled. :menominee reservation, act of march 28, 1908 (35 stat. l., 51). That the Secretary of the Interior be, and he is hereby, authorized and directed, under such rules and regulations as 36 REGULATIONS AND INSTEUCTIONS. he may prescribe in executing the intent and purposes of this act, to cause to be cut and manufactured into lumber the dead and down timber, and such fully matured and ripened green timber as the forestry service shall designate upon the Menomi- nee Indian Reservation in the State of Wisconsin : Provided, That not more than twenty million feet of timber shall be cut in any one year: And provided further, That this limitation shall not include the dead and down timber on the north half of township numbered twenty-nine, range numbered thirteen east; the north half of township numbered twenty-nine, range numbered fourteen east, and the south half of township num- bered thirty, range numbered thirteen east, on the Menominee Reservation in Wisconsin. Sec. 2. * * * Sec 3. That the lumber, lath, shingles, poles, posts, bolts, and pulp wood, and other marketable materials so manufac- tured from the timber cut upon such reservations shall be sold to the highest and best bidder for cash, after due advertise- ment inviting proposals and bids, under such rules and regula- tions as the Secretary of the Interior may prescribe. * * * ACT OF MARCH 3, 1911 (36 STAT. L., 1058-1076X Sec. 26. That upon the passage of this act the Secretary of the Interior bo. and he hereby is, authorized and directed to cause to be cut and manufactured into lumber the dead and down timber now upon the Menominee Indian Reservation in the State of Wisconsin together with such green timber as may be necessary to cut in order to economically log the dead and down timber, such green timber to be designated and marked by the Forestry Service. For the cutting of such dead and down timber the Secretary of the Interior shall prescribe rules and regulations in conformity with the intent and purpose of the act of March twenty-eighth, nineteen hundred and eight, en- titled "An Act to authorize the cutting of timber, the manu-. facture and sale of lumber, and the preservation of the forests upon the Menominee Indian Reservation in the State of Wis- FORESTS ON INDIAN RESERVATIONS. 37 cousin."' Tiie amount of dead and down timber authorized to be cut under this section shall be in addition to the amount of green timber authorized to be cut, in any one year, under the provisions of said act of March twenty-eighth, nineteen hundred and eight. The green timber authorized to be cut under this section to facilitate the logging of dead and down timber, and which shall be cut in any one year, shall be deducted from the amount of green timber authorized to be cut in that year under the provisions of said act of March twenty-eighth, nineteen hun- dred and eight. The total amount of green and dead and down timber which shall be logged under the provisions of this sec- tion and the provisions of said act of March twenty-eighth, nine- teen hundred and eight, shall not exceed forty million feet unless the Forestry Service shall certify to the Secretary of the Inte- rior that it is necessary, to save waste and loss on dead and down timber, that a greater amount of such dead and down timber shall be cut; in making such certification the Forestry Service shall designate the additional dead and down timber it deems necessary to cut and such designated timber shall be logged as expeditiously as possible. In the logging operations authorized under this section the Secretary of the Interior may cause to be constructed such roads or logging railways as may be necessary to bring the logs to the mill with expedition and economy. The expense of the logging operations author- ized under this section shall be paid in the manner provided in said act of March twenty-eighth, nineteen hundred and eight, authorizing the cutting of timber and the manufacture of lumber upon the Menominee Indian Reservation in the State of Wisconsin. NEZ PERCE [fort LAPWAi] RESERVATION. ACT OF AUGUST 15, 1894 (28 STAT. L., 327 AND 330). Article I. The said Nez Perce Indians hereby cede, sell, re- linquish, and convey to the United States all their claim, right, 38 REGULATIONS AND INSTRUCTIONS. title, and interest in and to all the unallotted lands within the limits of said reservation, saving and excepting the following- described tracts of land, which are hereby retained by the said Indians, viz: * ♦ * Total, 32,020 acres. Article IV. It is further stipulated and agreed that the United States will purchase for the use of said Nez Perce Indians two portable steam saw mills, at a cost not exceeding $10,000, and will provide for said Indians, for a period not exceeding two years, and at a cost not exceeding $2,400, a competent surveyer, for the purpose of fully informing said Indians as to the cor- rect locations of their allotments and the corners and lines thereof. PINE RIDGE RESERVATION. ACT OF MAY 27, 1910 (36 STAT. L., 440, 442). * * * In making such classification and appraisement said lands shall be divided into the following classes: First, agricul- tural land of the first class; second, agricultural land of the second class; third, grazing land: fourth, timber land; fifth, mineral land, if any, but the mineral and timber lands shall not be appraised: Provided, That timber lands shall be classified without regard to acreage: And provided further. That all lands classified as timber lands shall be reserved for the use of the Pine Ridge Indians. ROSEBUD RESERVATION. ACT OF MAY 30, 1910 (36 STAT. L., 448). =:< * * lu making such classification and appraisement said lands shall be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timber land; fifth, mineral Innd. if any, but the mineral and timber lands FORESTS OX INDIAN RESERVATIONS. 39 shall uot be appraised: Provided, That timber lands may be classified without regard to acreage: And provided further, That all lands classified as timber lands shall be reserved f^r the use of the Rosebud Indians. SILETZ RESERVATION. ACT OF AUGUST 15, 1894 (28 STAT. L., 323-325). Article I, It is futher stipulated and agreed that section nine in township nine south, range eleven west of the Willamette meridian, and the west half of the west half of section five, and the east half of section six and the east half of the west half of section six, township ten south, range ten west, Wil- lamette meridian, and the south half of section eight and the north half of section seventeen, and section sixteen in township nine south, range nine, west of the Willamette meridian, and the east half of the northeast quarter, and lot three, section twenty, and south half and south half of north half of sec- tion twenty-one, township eight, range ten west, Willamette meridian, are hereby reserved from sale, and that the timber on said five sections of land may be cut and manufactured by the Indians of said Siletz Reservation, for their own use and for sale, under such rules as the Secretary of the Interior shall from time to time prescribe, regulating the cutting of timber, so as to secure an equality of benefits to the Indians, employ- ment for them, and .iudicious aid to them in becoming self- supporting. ACT OF MAY 13, 1910 (36 STAT. L., 367). * * * That the Secretary of the Interior be, and he is hereby, authorized to dispose of the lands reserved under the Itrovisions of article four of the agreement concluded with the Indians of the Siletz Reservation on October thirty-first, eight- een hundred and ninety-two, and ratified by the act of Con- gre^^s approved August fifteenth, eighteen hundretl and ninety- 40 REGULATIONS AND INSTRUCTIONS. four (Twenty-eightb Statutes at Large, page three hundred and twenty-five), at public auction, in such areas and on such terms »nd conditions as he may prescribe. SPOKANE RESERVATION. ACT OF MAY 29, 1908 (35 STAT. L., 458). Sec. 5. That the lands so classified as timberlauds shall remain Indian lands subject to the supervision of the Secretary of the Interior until further action by Congress, and no provi- sion authorizing the sale of timber upon Indian lands shall apply to said lands unless they be specially designated: Pro- vided, That until further legislation the Indians and the offi- cials and employees in the Indian Service on said reservation shall, without cost to them, have the right, under such regula- tions as the Secretary of the Interior may prescribe, to go upon said timberlands and cut and take therefrom all timber neces- sary for fuel, or for lumber for the erection of buildings, fences, or other domestic purposes upon their allotments ; and for said period the said Indians shall have the privilege of pasturing their cattle, horses, and sheep on said timberlands. subject to such rules and regulations as the Secretary of the Interior may prescribe : Provided further, That the Secretary of the Interior is hereby authorized to sell and dispose of for the benefit of the Indians such timber upon said timberlands as in his judg- ment has reached maturity and is deteriorating and which, in bis judgment, would be for the best interests of the Indians to sell, the purpose being to as far as possible protect, conserve, and promote the growth of timber upon said timberlands. The Secretary of the Interior shall deduct from the money received from the sale of such timber the actual expense of making such sale and place the balance to the credit of said Indians, and he is authorized to prescribe such rules and regulations for the sale and removal of such timber so sold as he may deem ad- visable. FORESTS ON INDIAN RESERVATIONS. 41 STANDING KOCK AND CHEYENNE RIVER RESERVATION. ACT OF MARCH 29, 1908 (35 STAT. L., 4600). That said commissioners shall then proceed to personally inspect, classify, and appraise, in one hundred and sixty acre tracts each, all of the remaining lands embraced within each reservation as described in section one of this act. In making such classification and appraisement said lands shall be divided into the following classes : First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timber land; fifth, mineral land, if any, the mineral land not to be appraised. * * * Sec. 2. That the lands shall be disposed of by proclamation under the general provisions of the homestead and town-site laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lauds may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such procla- mation : * * * Provided, That Indians residing upon their allotments in townships sixteen north of ranges twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, and thirty-one east shall have the right to use timber in said town- ships, except on sections sixteen and thirty-six for domestic pur- poses only as long as the lands remain part of the public domain. UMATILLA RESERVATION. ACT OF MARCH 3, 1885 (23 STAT. L., 340, 341). * * * In addition to the allotments of agricultural lauds to said Indians in severalty as herein provided, there shall be reserved a reasonable amomit of pasture and timber lands for their use, to be used by said Indians in common. 42 REGULATIONS AND INSTRUCTIONS. UINTAH RESERVATION. ACT OF MARCH 3, 1905 (33 STAT. L., 1069). 1 That before the opening of the Uintah Indian Reservation the President is hereby authorized to set apart and reserve as an addition to the Uintah Forest Reserve, subject to the laws, rules, and regulations governing forest reserves, and subject to the mineral rights granted by the act of Congress of May twenty-seventh, nineteen hundred and two, such portion of the lands within the Uintah Indian Reservation as he considers necessary, and he may also set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, and may confirm such rights to water tlnn-eon as have already accrued: Provided, That the proceeds from any timber on such addition as may with safety be sold prior to .June thirtieth, nineteen hundred and twenty, shall be paid to said Indians in accordance with the provisions of the act opening the reservation. ACT OF JUNE 21, 1906 (34 STAT. L., 325, 376). That the Secretary of the Interior may authorize the Indians of the former Uintah Reservation, in the State of Utah, to cut and sell cedar and pine timber for posts or fuel from the tracts reserved for grazing purposes for said Indians under joint resolution of June nineteenth, nineteen hundred and two, in such quantities and upon such terms and under such rules and regulations as the said Secretary of the Interior may prescribe. YAKIMA RESERVATION. ACT OF DECEMBER 21, 1904 (33 STAT. L., 595, 596, 597). * * ■' The Secretary of the Interior is also authorized to reserve * * * such tract or tracts of grazing and timber- lands as may be deemed expedient for the use and benefit of the Indians of said reservation in common : Provided, That such FORESTS ON INDIAN RESERVATIONS. 43 reserved lands, or any portion thereof, may be classified, appraised, and disposed of from time to time under the terms and provisions of this act. ******* « « :■: xhe timber on lands classified as timberlands shall be sold at not less than its appraised value, under sealed pro- posals, in accordance with such rules and regulations as the Secretary of the Interior may prescribe. FIVE CIVILIZED TRIBES. The following acts provide for the sale of timber from the unallotted lands of the Five Civilized Tribes : ACT OF JANUARY 21, 1903 (32 STAT. L., 774). That the Secretary of the Interior is authorized to prescribe rules and regulations for the procurement of timber and stone for domestic and industrial purposes, including the construc- tion, maintenance, and repairs of railroads and other highways to be used only in the Indian Territory, or upon any railroad outside of the said Territory which is part of any continuous line of railroad extending into the said Territory, from lauds belonging to either of the Five Civilized Tribes, and to fix the full value thereof to be paid therefor and collect the same for the benefit of said tribes. ACT OF APRIL 26, 1906 (34 STAT. L., 137). Sec. 7. That the Secretary of the Interior shall, by written order, within ninety days from the passage of this act, segre- gate and reserve from allotment sections one, two, three, four, five, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, the east half of section sixteen, and the northeast quarter of sec- tion six, in township nine south, range twenty-six east, and sec- tions five, six, seven, eight, seventeen, eighteen, and the west half of section sixteen, in township nine south, range twenty- seven east, Choctaw Nation, Indian Territory, except such por- tions of said lands upon which substantial, permanent, and valuaVile improveirients were erected and placed prior to the 44 REGULATIONS AND INSTEUCTIONS. passage of this act and not for speculation, but by members and freedmen of the tribes actually themselves and for them- selves for allotment purposes, and where such identical members or freedmen of said tribes now desire to select same as portions of their allotments, and the action of the Secretary of the Interior in making such segregation shall be conclusive. The Secretary of the Interior shall also cause to be estimated and appraised the standing pine timber on all of said land, and the land segregated shall not be allotted, except as hereinbefore provided, to any member or freedman of the Choctaw and Chickasaw tribes. Said segregated land and the pine timber thereon shall be sold and disposed of at public auction, or by sealed bids for cash, under the direction of the Secretary of the Interior. Sec. 16. * * * The Secretary of the Interior is hereby authorized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickashaw nations, which is not principally valuable for mining, agri- cultural, or timber purposes, in tracts of not exceeding six hundred and forty acres to any one person, for a fair and reasonable price, not less than the present appraised value. Conveyances of lands sold under the provisions of this section shall be executed, recorded, and delivered in like manner and with like effect as herein provided for other conveyances: Provided further, That agricultural lands shall be sold in tracts of not exceeding one hundred and sixty acres to any one person. SALE OF TIMBER ON ALLOTTED LANDS. Section 41. — Timber upon allotments in any State, with the exception of allotments to members of the Five Civilized Tribes, and to the Osagas either within a reservation or outside of one may be sold under the provisions of section 8 of the act of June 25. 1910. Timber on certain allotments may also be sold under the special acts given below : FORESTS ON INDIAN RESERVATIONS. 45 LAKE SUPERIOR AND MISSISSIPPI CHIPPEWA INDIANS. TREATY OF SEPTEMBER 30, 1854 (10 STAT. L., 1109). Seventh. Each head of a family or single person over twenty- one years of age at the present time of the mixed bloods, be- longing to the Chlppewas of Lake Superior, shall be entitled to eighty acres of land, to be selected by them under the direction of the President, and which shall be secured to them by patent in the usual form. Article 3. The United States will define the boundaries of the reserved tracts, whenever it may be necessary, by actual survey, and the President may, from time to time, at his dis- cretion, cause the whole to be surveyed, and may assign to each head of a family or single person over twenty-one years of age, eighty acres of land for his or their separate use ; and he may, at his discretion, as fast as the occupants become capable of transacting their omi affairs, issue patents therefor to such occupants, with such restrictions of the power of alienation as he may see fit to impose. * * * THE LAC COURTE OREILLE AND LAC DU FLA]?»fBEAU RESERVA- TIONS. ACT OF FEBRUARY 3, 1903 (32 STAT. L., 795>. Section 1. That with the consent of the Chippewa Indians of Lake Superior, located on the Lac Courte Oreille Reservation in the State of Wisconsin, to be obtained in such manner as the Secretary of the Interior may direct, the President may allot to each Indian now living and residing on said reserva- tion and entitled to so reside, and who has not heretofore re- ceived an allotment not exceeding eighty acres of land, such allotments to be subject in all respects, except as to the age and condition of the allottee, to the provisions of the third arti- cle of the treaty with the Chippewas of Lake Superior and the Mississippi, concluded September thirtieth, eighteen hundred and fifty-four. 46 REGULATIONS AND INSTRUCTIONS. Sec. 2. That the provisions of section one of this act shall also under same terms and conditions apply to the Chippewa Indians of Lake Superior located on the Lac du Flambeau Reservation in the State of Wisconsin. CHIPPEWAS OF MINNESOTA. ACT OF APRIL 21, 1904 (33 STAT. L., 189, 209;. The Chippewa Indians of the State of Minnesota to whom allotments have been or shall hereafter be made, and trust or other patents, containing restrictions upon alienation issued or which shall hereafter be issued therefor, are, with the consent of the Secretary of the Interior and under such rules and regu- lations as he may prescribe, hereby authorized to dispose of the timber on their respective allotments. Timber on the allot- ments of minors may likewise be so sold by the father, mother, or Indian agent or other officer in charge, in the order named, and the Secretary of the Interior shall make such regulations for the disposition of the proceeds of said sales as may be necessary to protect the interest of said Indians, including such minors. JICARILLA INDIANS OF NEAV MEXICO. ACT OF MARCH 4, 1907 (34 STAT. L., 1413:. i * ♦ * That the Secretary of the Interior may dispose of all merchantable timber on allotments herein authorized during the term these are held in trust and on the surplus lands for twenty-five years, the proceeds therefor to be expended under his direction for purposes beneficial to the individual allottees hereunder and their heirs, or for families, as he may deem best, and no part of such proceeds shall be expended for community or common benefits other than irrigation, but shall be equitably apportioned as near as may be among the Indians entitled. FORESTS ON INDIAN RESERVATIONS. 47 FIVE CIVILIZED TRIBES. SEC. 16 OF THE ACT OF JUNE 28, 1898 (30 STAT. L., 495, 501). ♦ * * Provided further, That nothiug herein contained shall impair the rights of any member of a tribe to dispose of any timber contained on his, her, or their allotment. ACT OF JANUARY 21, 1903 (32 STAT. L., 774). That the Secretary of the Interior is authorized to prescribe rules and regulations for the procurement of timber and stone for domestic and industrial purposes, including the construction, maintenance, and repairs of railroads and other highways, to be used only in the Indian Territory, or upon any railroad outside of the said Territory which is part of any continuous line of railroad extending into the said Territory, from lands belonging to either of the Five Civilized Tribes, and to fix the full value thereof to be paid therefor and collect the same for the benefit of said tribes: Provided, however. That nothing herein contained shall be construed to prevent allottees from disposing of timber and stone on their allotments, as provided in section sixteen of an act entitled "An Act for the protection of the people of the Indian Territory, and for other purposes," approved June twenty-eighth, eighteen hundred and ninety- eight, from and after the allotment by the Commission to the Five Civilized Tribes. Sec. 2. That every person who unlawfully cuts, or aids or is employed in unlawfully cutting, or wantonly destroys, or pro- cures to be wantonly destroyed, any timber standing upon the lands of either of said tribes contrary to the provisions of this act and the regulations prescribed thereunder by the Secretary of the Interior, shall pay a fine of not more than five hundred dollars, or be imprisoned not more than twelve months, or both, in the discretion of the court trying the same. 48 REGULATIONS AND INSTEUCTIONS. MISCELLANEOUS. Section 42. — By Executive proclamations of March 2, 1909, officers of the Forest Service of the Department of Agriculture are given certain jurisdiction upon specified forest areas of the following reservations: Hoopa Valley, Tule River, Mescalero, Jicarilla, Navajo, Zuni, White Mountain, and San Carlos. Section 43. — Pine timber is sold from ceded Chippewa lands in Minnesota under the acts of January 14, 1889 (25 Stat. L., 642), June 27. 1902 (32 Stat. L., 400), and May 23, 1908 (35 Stat. L., 268). Section 44. — Attention is directed to the following important decisions : U. S. V. Cook (86 U. S., 591). Pine River Logging Co. v. U. S. (186 U. S., 279). U. S. V. Paine Lumber Co. (206 U. S., 467). Starr v. Campbell (208 U. S., 527). Opinion of Attorney General, volume 19, page 232. Egbert G. Valentine, C omr)iissioner of Indian A-ffairs. Approved, June 29, 1911. Samuel Adams, Acting Secretary of the Interior, APPENDIX. Section 114 of the act of March 4, 1909, entitled "An act to codify, revise, and amend the penal laws of the United States" (35 Stat L., 1088-1109) is as follows : Whoever, being elected or appointed a Member of or Dele- gate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has quali- fied, and during his continuance in office, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or en- joy in whole or in part, any contract or agreement, made or entered into in behalf of the United States by any officer or person authorized to make contracts on its behalf, shall be fined not more than three thousand dollars. All contracts or agree- ments made in violation of this section shall be void ; and when- ever any sum of money is advanced by the United States, in consideration of any such contract or agreement, it shall forth- with be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing, and his sureties, for the re- covery of the money so advanced. SUGGESTED FORM OF ADVERTISEMENT. Flathead Indian School, Jocko, Mont., May 6, 1910. — Sealed proposals, each envelope marked " Proposal for timber, Evaro District, Flathead Reservation," and directed to Superintendent 987—11 4 48 50 REGULATIONS AND INSTRUCTIONS. Flathead Indian School, Jocko, Mont., will be received until 12 o'clock noon, mountain time, Wednesday, September 28, 1910, for purchase of merchantable standing and down timber upon un- allotted lands within the Flathead Indian Reservation, Mont., and comprising portions of townships 15 north, ranges 10 and 20 west, and 14 north, range 19 west, Montana principal me- ridian. About 20 per cent of standing timber will be reserved at this time for protection of the slopes and maintenance of forest cover. Estimated amount of timber to be sold from this tract is about 60,000,000 board feet. Timber is chiefly yellow pine, red fir, tamarack, and spruce. This timber will not be sold for less than dollars per thousand feet, and must be cut and re- moved in accordance with regulations prescribed by Secretary of the Interior. Proposals will be received for entire amount or for any one or more of five separate schedules. The right to waive technical defects in advertisement and bids and to reject any and all bids is reserved. Blank copies of proposals, includ- ing printed regulations, and full information regarding separate schedules, amount of deposits required, and special require- ments as to contract and bond will be furnished upon request. , Superintendent Flathead Indian School, Jocko, Mont. PROPOSAL FOR SALE OF TIMBER (UNALLOTTED LANDS). (Form 5-487.) Indian Reservation, State of , , 191—, (I or we) and , the undersigned, partners doing business under the firm name of (cancel the words not applicable), a corporation organized and existing under the laws of the State of , having an office and principal place of business at in the State of , hereby apply to purchase and remove all (the merchantable dead timber standing or fallen ; the live timber marked for cutting by the proper officer of the Indian Service, etc.) located on an area to be definitely designated by said officer of the Indian Service be- fore cutting begins, which area consists of (give legal subdivisions if surveyed, and approximate legal subdivisions if unsurveyed, with such description in relation to some land- mark, stream, or other well-known object as to define the area clearly), estimated to be (give quantity, quality. rOKESTS ox INDIAN EESERVATIONS. 51 Species, kind of material, etc.), more or less, in accordance with an offer of sale duly made by an advertisement in the , a newspaper of general circulation in the State of , published at (cancel the words not applicable), by means of circular letters , (or, and) posters, a copy of which is atached hereto by the superintendent in charge of the Indian school without public notice; for which timber (I or we) hereby propose to pay dollars ($ ) per (M feet b. m. decimal C scale, cord, cubic foot, linear foot, or piece), and I promise and agree that if this proposal is accepted by the (name of the proper United States officer) (I or we) will, in consideration of such acceptance, pay to the superintendent of the Indian school at , in the State of , for the use and benefit of the Indians, dollars ($ ), more or less, as may be determined by the actual (scale, measurement, or count) of the timber taken, said payments to be made in installments of not less than dollars ($ ) each, in advance of the cutting of the timber to be covered by each installment, as such installments shall be called for by the superintendent of the Indian school ; it being understood that a refund will be made of all sums de- posited in excess of the value of the timber cut and of all other sums due under the terms cf the contract, provided that (I or we) comply with each and all of the terms of the con- tract, and it being further understood that in case of (my or our) default refunds shall be made only in the dis- cretion of the (name of proper United States officer) and (I or we ) herewith deposit with the superintendent of the Indian school cash, a duly certified check (cancel word or words not applicable) drawn in favor of said super- intendent on the National Bank, a solvent bank of the State of , located at , in the amount of dollars ($ ), which deposit is made as a guaranty of good faith, and (I or we) agree that if this proposal is duly signed and accepted by (name of the proper United States officer) it shall become at once effective and operate as a contract for the sale of the timber herein described, which contract shall be binding upon (he or us), (my or our) heirs, executors, administrators, successors, and assigns; Jind if (I or we) shall fail, neglect, or refuse to furnish, within 60 days from the acceptance of this proposal by (name of proper United States officer), a good and sufficient joint and several, bond as prescribed by the (name 52 REGULATIONS AND INSTRUCTIONS. of proper United States officer), conditioned upon (my or our) faithful performance of the contract, or shall other- wise fail, neglect, or refuse to perform the obligations assumed hereby, this deposit shall become and remain the property of the United States in trust for the benefit of the In- dians, it being understood that this deposit will be retained and credited as a partial payment for the timber purchased if the proposal is accepted, a bond executed (if required), and the contract fulfilled, and that the deposit shall be returned to (me or us) if this proposal is rejected. And (I or we) further promise and agree that if this proposal is accepted by (name of proper United States officer) (I or we) will, in consideration of such ac- ceptance, cut and remove said timber in strict accordance with the following and all other general regulations which are prescribed by the Department of the Interior as to the sale of timber from Indian lands : 1. The term "officer in charge" whenever used in these regulations signifies the superintendent of the Indian school, or any other officer specially designated by the Commis- sioner of Indian Affairs to supervise timber operations on the 2. No timber shall be cut from any areas except those desig- nated by the officer in charge. Unless expressly stipulated to the contrary in the contract, each sale shall include all dead timber, standing or fallen, which is sound enough for lumber of any merchantable grade or for timbers or cordwood, and all green timber marked or otherwise designated for cutting upon the specified sale area. No living trees except those which are designated for cutting by the officer in charge shall be cut. No timber shall be removed from the sale area, nor shall the title thereto pass to the purchaser, until it has been scaled, measured, or counted, stamjied by the officer in charge, and paid for. 3. Sawmills, camps, chutes, logging railways, and such other improvements as are necessary for conducting lumber opera- tions may be constructed under the supervision of the officer in charge, subject to such conditions as he may prescribe for the protection and improvement of the surrounding forest and for the best interests of the Indians. All merchantable timber used in their construction and in skidways, bridges, roads, or other improvements shall be paid for at the contract price. The officer in charge shall reasonably restrict the use of young growth for such purposes. FORESTS OX INDIAN RESERVATIONS. 53 4. All cutting shall be done with a saw when possible, and no unnecessary damage shall be done to young growth and trees left standing. Undesignated or unmarked living trees which are cut, marked trees or merchantable dead timber left uncut, timber wasted in tops, stumps, and partially sound logs, trees left lodged in process of felling, standing trees badly injured during the lumbering operations, and any merchantable timber covered by the terms of these regulations and the contract, which is not removed from any part of the cutting area when logging on that part is completed, or is left on the sale area after the expiration of the contract, shall be scaled and paid for at the contract rate. 5. Stumps shall not be cut higher than inches, lower when possible, so as to cause the least waste, and all trees shall be utilized to a diameter of inches in the tops when merchantable to that diameter. The log lengths shall be so varied as to make such utilization possible. 6. The approximate minimum diameter limit at a point 4* feet from the ground to which living trees are to be cut is (limits for nil species involved), but trees above these diame- ters may be reserved for seed or protection, and merchantable trees below these diameters may be marked in the discretion of the officer in charge. 7. Logging operations shall be concentrated as far as possi- ble, and so conducted as to completely log and clean up desig- nated units of the sale area successively as agreed with the officer in charge. Tops shall be lopped and all brush and tops piled compactly at a safe distance from young growth and standing trees at the time of felling, or otherwise disposed of as required by the ofiicer in charge. In the discretion of the officer in charge, brush shall be burned by the purchaser under such precautions as to prevent the spread of fire. 8. During the time that any contract remains in force the contractor shall, without charge or expense to the United States or the Indians, do ail in his power to prevent and suppress forest fires upon the area covered by the contract or adjacent areas, shall comply with all regulations relative to the main- tenance of order on Indian reservations, and shall employ In- dian labor in the cutting and removal of the timber and in the disposal of the brush whenever the use of such labor is prac- ticable. 9. Timber will be scaled, measured, or counted by officers selected by The cost of scaling and of supervision by the United States officers shall be paid from the proceeds of the sale of the timber. Timber will be scaled by the Scribner Rule 54 REGULATIONS AND INSTRTCTIONS. Decimal C, and if required by the officer in charge, shall be piled or skidded for convenient scaling. The maximum scaling length of all logs will be feet. Logs over feet in length will be scaled as two or more logs, in lengths not less than feet when practicable, and with the proper allow- ance for the increase in diameter at the points of division. Upon all logs 3 inches additional will be allowed for trimming. Logs overrunning this allowance will be scaled as though 2 feet longer. Diameters will be measured inside the bark at the small end of the log and recorded at the nearest inch above or below the actual diameter. Proper deductions will be made for defects in logs. 10. Unless extension of time is granted, all timber will be cut and removed on or before and none later than , and at least (feet B. M., cords, etc.) will be paid for, cut, and removed on or before , 191 — , and at least of the remainder of the estimated amount during each of the remaining period. The purchaser will be required to cut and remove the timber at such times, in such places, and in such quantities as to prevent, so far as possible, deterioration as a result of fire or windstorm. 11. No Member of or Delegate to Congress shall be admitted to any share, part, or interest in any contract, or to any benefit derived therefrom (see sections 114 and 116, act of Mar. 4, 1000, entitled "An act to codify, revise, and amend the penal laws of the United States," 35 Stat., 1088, 1100), and no per- son undergoing a sentence of imprisonment at hard labor shall be employed in carrying out any contract (see Executive Order of May 18, 1905). The cutting or removal of timber from Indian lands in breach of the terms of any contract, and with- out other lawful authority, or the leaving of fires unex- tinguished, will render the contractor liable to the penalties prescribed by section 6 of the act of June 25, 1910 (36 Stat. L., 855, 857). 12. Work may be suspended by the officer in charge if the regulations are disregarded, and the violation of any one of the regulations, if persisted in, shall be sufficient cause for the to revoke a contract and to cancel all permits for other privileges. The decision of the shall be final as to the interpret:! tion of any of the foregoing regulations or as to the faithful execution of the terms of any contract. It is understood and agreed that the right to waive technical defects in advertisements and proposals and to reject any and all proposals is reserved by the FORESTS ON INDIAN RESEEVATIONS. 55 Signed and sealed iu (quadruplicate, quintuplicate) this day of , 191—. Corporate seal, if corporation. (Signature of president if purchaser is a corporation; name of firm if pui-chaser is a partnership.) Attest : Secretary. Witnesses : (Two witnesses to each signature are required. Actual seals of some character must be affixed.) (P. O. address.) (P. O. address.) (P. O. address.) (P. O. address.) [SEAL.] (Signature of purchaser.) (See note.) "(RaVdyress".) [SEAL.] (Signature of purchaser.) (P. O. address.) The above proposal is accepted this day of 191 — , under the conditions stated therein. (Signature of accepting oflacer.) (Title.) Note. — If the proposal is made by individuals acting neither as a firm nor as a corporation, each must sign. If the proposnl is made by a copartnership, the signature must consist of the name of the firm, followed by the signature of each of the members of the firm. If the proposal is made by a corporation, the signature should consist of the name of the corporation, followed by the name of the proper officer or officers, as required by the by-laws of the corporation. In nil cases where an officer signs for a corporation, either as principnl or as a surety, there must be attached to the pro- posal either an original resolution of the board of directors granting the signing officer, or officers, authority to sign the pro- 56 REGULATIONS AND INSTRUCTIONS. posal for and in behalf of the corporation ; or a copy of a reso- lution of the board of directors granting a general authority of this character to the signing officer or officers, certified by the president and secretary of the corporation, under the corporate seal, as a true and correct transcript of the original resolution. Unless more than four copies are required for some special reason, all contracts for the sale of tribal timber will be exe- cuted in quadruplicate. TIMBER CONTRACT. (Form 5—489.) Allotment No This agreement, made and entered into at the Indian School, , State of , this day of , 191__, under authority of the act of Congress of June 25, 1910 (36 Stat. L., 855, 857), (cancel if inapplicable), or (cite act applicable) between an Indian under the jurisdiction of the superintendent of the Indian school, part__ of the first part, and , part— of the second part. Witnesseth, That the part— of the first part agree.- to sell to the part-- of the second part, upon the terms and conditions hereinafter stated, (all the dead timber, standing or fallen, all the living timber marked for cutting by the proper officer, all the dead and living timber, etc.), estimated to be (give quantity, quality, species, kind of material, etc.), more or less, on the following-described lands, to wit: within the limits of the (cancel words not applicable) Indian Reservation, situated in the county of , State of , the same being lands which have been allotted to (name of party or parties of the first part, or name of original allottee and statement of relationship of this allottee to the party or parties of the first part) under the provisions of the act of (cite act applicable). For and in consideration of the foregoing the part— of the second part agree.- to pay to the superintendent of the Indian school, , State of , the sum of dol- lars ($ ), more or less, as shall be determined by the actual scale, measurement, or count (cancel if not applicable), for the said timber at the rate of dollars ($ ) per (M feet B. M. decimal C scale, cord, cubic foot, linear foot, or piece), in trust for said part— of the first part. FORESTS OK INDIAN RESERVATIONS. 57 The part of the second part further undertake and agree to pay ten per cent (10%) of the (estimated value, pur- chase price) of the timber sold within 30 days from the date of the approval of this contract by the . to pay one-half of the said sum before any cutting of timber upon f;aid laud, and to pay the total purchase price before any timber is removed from the said land. The part of the second part further undertake and agree that (he or they) will cut and remove the said timber in strict accordance with the following and all other general regulations which are prescribed by the Department of the Interior as to the sale of timber from Indian lands: 1. The term " officer in charge " whenever used in these regu- lations signifies the superintendent of the Indian school, or any other officer specially designated by the Commissioner of Indian Affairs to supervise timber operations on the 2. No timber shall be cut from any areas except those desig- nated by the officer in charge. Unless expressly stipulated to the contrary in the contract, each sale shall include all dead timber, standing or fallen, which is sound enough for lumber of any merchantable grade or for timbers or cordwood, and all green timber marked or otherwise designated for cutting upon the specified sale area. No living trees except those which are designated for cutting by the officer in charge shall be cut. No timber shall be removed from the sale area, nor shall the title thereto pass to the purchaser, until it has been scaled, measured or counted, stamped by the officer in charge, and paid for. 3. Sawmills, camps, chutes, logging railways, and such other improvements as are necessary for conducting lumber opera- tions may be constructed under the supervision of the officer in charge, subject to such conditions as he may prescribe for the protection and improvement of the surrounding forest and for the best interests of the Indians. All merchantable timber used in their construction and in skidwnys, bridges, roads, or other improvements shall be paid for at the contract price. The officer in charge shall reasonably restrict the use of young growth for such purposes. 4. All cutting shall be done with a saw when possible, and no unnecessary damage shall be done to young growth and trees left standing. Undesignated or unmarked living trees which are cut, marked trees or merchantable dead timber left uncut, timber wasted in tops, stumps, and partially sound logs, trees left lodged in process of felling, standing trees badly in- 58 REGULATIONS AND TNSTEUCTIONS. jured during the lumbering operations, and any merchantable timber covered by the terms of these regulations and the con- tract, which is not removed from any part of the cutting area when logging on that part is completed, or is left on the sale area after the expiration of the contract, shall be scaled and paid for at the contract rate. 5. Stumps shall not be cut higher than inches, lower when possible, so as to cause the least waste, and all trees shall be utilized to a diameter of inches in the tops when merchantable to that diameter. The log lengths shall be so varied as to make such utilization possible. 6. The approximate minimum diameter limit at a point 4i feet from the ground to which living trees are to be cut is (Limits for all species involved), but trees above these diam- eters may be reserved for seed or protection, and merchantable trees below these diameters mny be marked, in the discretion of the officer in charge. 7. Logging operations shall be concentrated as far as possible, and so conducted as to completely log and clean up desi.gnated units of the sale area successively as agreed with the officer in charge. Tops shall be lopped and all brush and tops piled com- pactly at a safe distance from young growth and standing trees at the time of felling, or otherwise disposed of as required by the officer in charge. In the discretion of the officer in charge brush shall be burned by the purchaser under such pre- cautions as to prevent the spread of fire. 8. During the time that any contract remains in force the contractor shall, without charge or expense to the United States or the Indians, do all in his power to prevent and sup- press forest fires upon the area covered by the contract or ad- jacent areas, shall comply with all regulations relative to the maintenance of order on Indian reservations, and shall employ Indian labor in the cutting and removal of the timber and in the disposal of the brush whenever the use of such labor is practicable. 9. Timber will be scaled, measured, or counted by officers selected by 'The cost of scaling and of supervision by the United States officers shall be paid from the proceeds of the sale of the timber. Timber will be scaled by the Scribner rule decimal C, and if required by the officer in charge, shall be piled or skidded for convenient scaling. The maximum scaling length of all logs will be feet. Logs over feet in length will be scaled as two or more logs, in lengths not less than feet when practicable, and with the proper allowance for the increase in diameter at the points of division. Upon FORESTS ON INDIAN KESEEVATIONS. 59 all logs 3 inches additional will be allowed for trimming. Logs overrunning this allowance will be scaled as though 2 feet longer. Diameters will be measured inside the bark at the small end of the log and recorded at the nearest inch above or below the actual diameter. Proper deductions will be made for defects in logs. 10. Unless extension of time is granted, all timber will be cut and removed on or before and none later than , and at least (feet b. m., cords, etc.) will be paid for, cut, and removed on or before , 191__. and at least of the remainder of the estimated amount during each year of the remaining period. The purchaser will be required to cut and remove the timber at snch times, in such places, and in such quantities as to prevent, so far as possible, deterioration as a result of fire or windstorm. 11. No Member of or Delegate to Congress shall be admitted to any share, part, or interest in any contract, or to any benefit derived therefrom (see sees. 114 and 116, act of Mar. 4. 1909, entitled "An act to codify, revise, and amend the penal laws of the United States," 35 Stat.. lOSS, 1109), and no per- son undergoing a sentence of imprisonment at hard labor shall be employed in carrying out any contract (see Executive order of May 18, 1905). The cutting or removal of timber from Indian lands in breach of the terms of any contract, and with- out other lawful authority, or the leaving of fires unex- tinguished, will render the contractor liable to the penalties prescribed by section 6 of the act of June 25, 1910 (36 Stat. L., 85, 857). 12. Work may be suspended by the ofl^eer in charge if the regulations are disregarded, and the violation of any one of the regulations, if persisted in, shall be sufficient cause for the to revoke a contract and to cancel all permits for other privileges. The decision of the shall be final as to the interpretation of any of the foregoing regulations or as to the faithful execution of the terms of any contract. It is further understood and agreed that this contract shall be void and of no effect until approved by the the Signed and sealed in (quadruplicate, quintuplicateV this day of , 191--. Corporate seal, if corporation. Attest : (Signature of president if purchaser is a corporation ; name of firm if purchaser is a partnership.) Secretary. 60 KEGULATIONS AND INSTEUCTIONS. Witnesses : (Two witnesses to eacli signature are required, of some character must be affixed.) Actual seals (P. O. address.) (P.O. address.) [SEAL.] (Signature of purchaser.) (See note.) (P. 0. address.) (P.O. address.) [SEAL.] i signature of purchaser.) (P.O. address.) (P. O. address.) [SEAL.] (P.O. address.) (Sic;nature of allottee or party signing for him.) (P. a address.) (P.O. address.) The above contract is approved this the day of 191—. under the conditions stated therein. (Signature of approving officer.) TTiireT) Note. — If the proposal is made by individuals acting neither as a firm nor as a corporation each must sign. If the proposal is made by a copartnership the signature must consist of the name of the firm, followed by the signature of each of the members of the firm. If the proposal is made by a corporation the signature should consist of the name of the corporation, followed by the name of the proper officer or officers, as required by the by-laws of the corporation. In all cases where an officer signs for a corporntion. either as principal or as a surety, there must be attached to the con- tract either an original resolution of the board of directors granting the signing officer or officers authority to sign the contract for and in behalf of the corporation ; or a copy of a resolution of the board of directors granting a general authority of this character to the signing officer or officers, certified by the president and secretary of the corporation, under the cor- porate seal, as a true and correct transcript of the original resolution. FOKESTS ON INDIAN RESERVATIONS. 61 Unless special authority has been given for the execution of a fewer number, all contracts for allotment timber will be exe- cuted in quiutuplicate. If the contract is made on behalf of a minor by the father, mother, Indian agent, or other officer in charge, the party of the first part should be described as "A. B. (father, mother, Indian agent, or other officer in charge, as the case may be) for and on behalf of C. D., a minor," and the same should be used in the signature. BOND. (Form 5-488, to be executed in triplicate.) Know all men by these presents, that (I or we) of , State of , and , of , State of , partners doing business under the firm name of (can- cel the words not applicable) , a corporation organized and existing under the laws of the State of , having an office and principal place of business at in the State of , as principal, and of , State of and , of State of (or (name of corpor- ation) a corporation organized and existing under the laws of the State of (cancel if individual sureties are given) , having its principal office in the State of ), as suret-., are held and firmly bound unto the United States of America in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, each of us, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this the day of , 191__. The condition of this obligation is such that — Whereas, , principal herein, did on the day of , 191—, propose to purchase, at the rate of dollars ($ ), per (M ft. B. M. Decimal C scale, cubic foot, linear foot, or piece). (The merchantable dead timber stand- ing or fallen ; the live timber marked for cutting by the proper officer of the Indian Service, etc.) on certain lands within the Indian Reservation in , described as follows, to wit: and did stipulate and agree that if the said pro- posal was accepted by the the proposal and its accept- ance should constitute a binding contract for the sale of said timber, and that said principal— would cut, fell, remove, and pay for said timber in accordance with the regulations accom- panying the proposal; and 62 REGULATIONS AND INSTRUCTIONS. Whereas, said did on the day of , 191__, duly accept said proposal, and the proposal thereupon became a binding contract. Now, therefore, if the above-boiniden , heirs, executors, administrators, successors, and assigns shall faith- fully conform to and observe all the laws and regulations made and which shall be hereafter made for the governing of trade and intercourse with the Indians, and in no respect violate the same, and conduct all timber operations in accordance with said regulations, and all provisions of the contract entered into with the said and in no respect violate said regulations or contract, or either of them, then, and in that event, this obligation shall be null and void; otherwise it shall remain in full force and effect. In witness whereof, we hereunto set our hands and seals this the day of , 191__. Corporate seal of principal if corporation. Attest : Secretary (Signature of President if principal is corporation.) Two witnesses required to signature of each principal nnd surety. Principals and sureties sign and afl3x seals. Witnesses : (P. O. address.) (P. O. address.) (P. O. address.) (P. O.addressT)" (P. O. address.) [SEAL.] (Signature of purchaser.) (See note.) (P. O. address.^ [seal.] (Signature of purchaser.) (P. O. address.) [seal.] (Signature of purchaser.) (P. O. address. 1 (P. O. address.) Corporate seal of surety, if corporation. Attest : (Signature of president of corporation acting as surety.) Secretary. FORESTS ON INDIAN KESEEVATIONS. 63 (Not required of corporate sureties.) Stale of 1 ^^. County of J On this, the day of , 191__, before me, , a notary in and for the said county, personally came and who signed the foregoing obligation, each to me known, who being by me duly sworn, did each for himself depose and say that he was more than .21 years of age and in all respects fully competent to make and enter into contract, and that they owned and possessed property not exempt by law from execu- tion over and above their debts and liabilities and free from incumbrances, (name of one of sureties), to the amount of dollars ($ ), and (name of sec- ond surety), to the amount of ($ ). ( Sureties signed. ) (Signature of notary), [seal.] My commission expires If the bond is executed in the District of Columbia, the fol- lowing certificate must be signed by a United States officer other than a notary public. If executed elsewhere, by a judge of the United States court, a United States district attorney, a United States postmaster (or such other officer of the United States as may be acceptable to the Secretary of the Interior), residing in the district where the bond is executed. District , 191__. (Not required of corporate sureties.) I hereby certify that , the sureties who have signed the foregoing bond, are known to me as residents of , and citizens of the United States, and that I believe them to be amply sufiicient security for the amount thereof, and that the bond is good. Department of the Interior, , 191—. Approved : Sccrr'diij. 64 REGULATIONS AND INSTRUCTIONS, Note. — Two iudividual sureties are required. A coi-porate surety duly qualified uuder the act of Congress of August 13, 1894, may be accepted as a sole surety. Corporate sureties are preferred. The sureties must justify in amounts, the aggre- gate of which will be equal to at least twice the penalty of the bond. In all cases where an ofiicer signs for a corporation, either as principal or surety, there must be attached to the bond either an original certification, signed by the board of directors, of the authority of the signing ofiicer, or ofiicers, to sign for and in behalf of corporations; or a copy of a resolution of the board of directors granting a general authority of this character to the signing officer or officers, certified by the president and secretary of the corporation, under the corporate seal, as a true and accurate transcript of the resolution.