3 /rf < EULES AND REGULATIONS GOVEKNINQ FOREST EESEEVES Established under Section 24 OF THE -^OT OF ]NJ:A.I10H 3, 1891< ISSUED JUNE 30, 1897. EHSSUED AUGUST 5, 1898 WITH AMENDMENTS. WASHINGTON; GOVERNMENT PRINTING OFFICE. 1898. RULES AND REGULATIONS GOVEliNIXG FOREST RESERVES Established under Section 24 OF THE A.CT OF M:A.I1CE[ 3, 1891 ISSUED JUNE 30, 1897. EEISSUED AUGUST 5, 1898 WITH AMENDMENTS. WASHINGTON: GOVEKNMENT PRINTING OFFICE. 1898. ^^' vV^ p. DEPAr/rMENT OF THE INTERIOR, General Land Office, Washington, J). C, Aiujust 5, 1398. The circular eoiitaiuing "Eules aDcl Eegulations Goveruing Forest reserves," issued June 30, 1897, is reprinted for the information of the public, with the amendments and additions promulgated INIarch 21 and August 3, 189S. Amendments were made in paragrajdis 11 and 27, and paragraphs 32 and 33 were added, March 21, 1898. Paragraph 21 was amended August 3, 189S. PiNGER Hermann, Commissioner, CIRCUL^I^. P. Department of the Interior, General Land Office, Wasliimjton, D. C, June 30, 1897. 1. Under tbe autliority vested in tlie Secretary of tlie Interior by tlic act of Congress, approved June 4, 1897, entitled "An act making appro- priations for sundry civil expenses of the Government for the fiscal year ending- June thirtieth, eighteen hundred and ninety-eight, and for other liurposes," to make such rules and regulations and establish such serv- ice as will insure the objects for which forest reservations are created under section 24 of the act of March 3, 1891 (2G.Stat., 1095), the fol- lowing rules and regulations are hereby prescribed and promulgated: object of forest reservation. 2. Public forest reservations are established to protect and improve the forests for the purpose of securing a permanent supply of timber for the people and insuring conditions favorable to continuous water flow. 3. It is the intention to exclude from these reservations, as far as possible, lands that are more valuable for the mineral therein, or for agriculture, than for forest purposes; and where such lands are embraced within the boundaries of a reservation, they may be restored to settle- ment, location, and entry. PENALTIES FOR VIOLATION OF LAW AND REGULATIONS. 4. The law under which these regulations are made provides, that any violation of the provisions thereof, or of any rules and regulations thereunder, shall be punished as is provided for in the act of June 4, 1888 (25 Stat., 1G6), amending section 5388 of the Eevised Statutes, Avhich reads as follows : That section fifty-three hundred and eighty-eight of the Revised Statutes of the United States be amended so aa to road as follows: "Every person "vvho unlawfully cuts, or aids or is employed in unlawfully cutting, or wantonly destroys or procures to be wantonly destroyed, any timber standing iipon the laud of the United States which, in pursuance of law, may be reserved or purchased for military or other i)ur- poses, or upon any Indian reservation, or lands belouging to or occupied by auy tribe of Indians under authority of the United States, 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." S 4 RULES AND REGULATIONS GOVERNING FOREST RESERVES. This provision is additional to the penalties now existing in respect to punishment for depredations on the public timber. The Government has, also, all the common-law civil remedies, whether for the prevention or redress of injuries, which individuals possess. 5. The act of February 24, 1897 (29 Stat., 591), entitled "An act to prevent forest fires on the public domain," provides, That any person who sball wilfully or maliciously set on fire, or cause to bo set on fire, auy timber, inulerbrusli, or grass upon tlio public domaiu, or shall carelessly or negligently leave or sutler lire to burn unattended near any timber or other inflam- mable material, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in auy district court of the United States having jurisdiction of the same, shall be iiuod in a sum not more than five thousand dollars or be imprisoned for a teiTn of not more than two years, or both. Sec. 2. That auy person who shall build a camp fire, or other fire, in or near any forest, timber, or other inllammablo material upon the public domain, shall, before breaking camp or leaving said fire, totally extinguish the same. Any person failing to do so shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any district court of the United States having jurisdiction of the same, shall be fined in a sum not more than one thousand dollars, or bo imprisoned for a term of not more than one year, or both. Skc. 3. That in all cases arising under this act the fines collected shall bo paid into the public-school fund of the county in which the lands where the offense was committed are situate. Large areas of the imblic forests are annually destroyed by lire, orig- inating in many instances through the carelessness of prospectors, campers, hunters, sheep herders, and others, while in some cases the fires are started with malicious intent. So great is the importance of protecting forests from fire, that this Department will make special effort for the enforcement of the law against all persons guilty of start- ing or causing the spread of forest lires in the reservations in violation of the above provisions. G. The law of June 4, 1897, for forest reserve regulations also pro- vides that The jurisdiction, both civil and criminal, over persons within such reservations shall not be affected or changed by reason of the existence of such reservations, excej)t so far as the punishment of offenses against the United States therein is con- cerned; the intent and meaning of this provision being that the State wherein any such reservation is situated shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citizens, or be absolved from their duties as citizens of the State. PUBLIC AND PRIVATE USES. 7. It is further provided that Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers residing within the l)oundaries of such reservations, or from crossing the same to and from their projierty or homes ; and such wagon roads and other imj^rove- ments may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including RULES AND REGULATIONS GOVERNING FOREST RESERVES. 5 that of prospecting, locating, and developing the mineral resonrces thereor: Pro- vided, That such persons comply with the rules and regulations covering such forest reservations. The settlers residing within the exterior boundaries of such forest reservations, or in the vicinity thereof, may maintain schools and churches within such reservation, and for that jiurpose may occupy any part of the said forest reservation, not orreed- ing two acres for each schoolhouse and one acre for a church. All waters on such reservations may he used for domestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rales and regulations established thereunder. 8. Tlie public in entering, crossing and occupying- the reserves, for the purposes enumerated in the law, are subject to a strict compliance with the rules and regulations governing the reserves. 9. Private wagon roads and county roads may be constructed over the public lands in the reserves wherever they may be found necessary or useful, but no rights shall be acquired in said roads running over the public lands as against the United States. Before public timber, stone or other material can be taken for the construction of such roads, permission must first be obtained from the Secretary of the Interior. The application for such privilege should describe the location and direction of the road, its length and width, the probable quantity of material required, the location of such material, and its estimated value. 10. The permission to occupy public lands in the reserves for school- houses and churches, as provided for in the law, is merely a privilege, and is subject to any future disposition that may be made of such tracts by the United States. 11. The right of way in and across forest reservations for irrigating canals, ditches, flumes and pipes, reservoirs, electric power purposes, and for pipe lines, will be subject to existing laws and regulations. (Amended March 21, 1898 j see p. 10.) 12. Under the term " to regulate their occupancy and use,"' the Sec- retary of the Interior is authorized to grant such licenses and privi- leges, from time to time, as may seem to him proper and not inconsistent with the objects of the reservations nor incompatible with the public interests. 13. The pasturing of live stock on the public lauds in forest reserva- tions will not be interfered with, so long as it appears that injury is not being done to the forest growth, and the rights of others are not thereby jeopardized. The pasturing of sheep is, however, prohibited in all for- est reservations, except those in the States of Oregon and Washington, for the reason that sheep grazing has been found injurious to the forest cover, and therefore of serious consequence in regions where the rain- fall is limited. The exception in favor of the States of Oregon and Washington is made because the continuous moisture and abundant rainfall of the Cascade and Pacific Coast ranges make ra])id renewal of herbage and undergrowth possible. Owners of sheep are required 6 RULES AND REGULATIONS GOVERNING FOREST RESERVES. to make application to tlie Commissioner of tlie General Land Office for permission to pasture, stating the number of sbeep and the location on the reserves v>'liere it is desired to graze. Permission will be refused or revoked wbenever it sball appear that sbeep are pastured on parts of tbe reserves specially liable to injury, or upon and in the vicinity of tbc Bull Kun reserve, Crater Lake, Mount Hood, Mount Eainier, or other well-known places of public resort or reservoir supplJ^ Permis- sion will also cease upon proof of neglect as to the care of fires made by herders, or of the violation by them of any of the forest reserve regulations. EELINQUISH3IENT OF CLAIMS. 14. The law provides that where a tract within a forest reservation is covered by an unperfected bona fide claim, or by a patent, the settler or owner may, if he so desires, relinquish the tract to the United States and select in lieu thereof a tract of vacant public land outside of the reservation, open to settlement, not exceeding in area the tract relin- quished. No charge is to be made for placing the new entry of record. This is in consideration of previous fees and commissions paid. Where the entry is in lieu of an unperfected one, the necessary fees in the making of final proof and issuance of certificate will be required. Where the entrj^ is based on an unsurveyed claim, as i^rovidcd for in paragraph 17 hereof, all fees and commissions attending entry must be I)aid, none having been paid previously. 15. Where an ajiplication is made for change of entry under the above provision, it must be filed in the land office for the district in which the lieu selection lies. The application must describe the tract selected and the tract covered by the unperfected entry, and must be accomi)anied by a formal relinquishment to the LTnited States of all right, title and interest in and to the tract embraced in said entry. There must also be filed Avith the api^lication an affidavit, corroborated by at least two witnesses cognizant of the facts, showing the periods and length of claimant's residence on his relinquished claim, as credit for the time spent thereon will be allowed under the new entry in com- puting the period of residence required bylaw. Eesidence and improve- ments are requisite on the new entry, the same as on the old, subject only, in respect to residence, to a deduction of the period covered by the relinquished entry. 16. Where final certificate or patent has issued, it will be necessary for the entryman or owner thereunder to. execute a quit-claim deed to the United States, have the same recorded on the county records, and furnish an abstract of title, duly authenticated, showing chain of title from the Government back again to the United States. The abstract of title should accompany the application for changeof entry, which must be filed as required by paragraph 15, without the affidavit therein called for. 17. In case a settler on an unsurveyed tract within a forest reserva- tion desires to make a change of settlement to land outside of the reser- RULES AND REGULATIONS GOVERNING FOREST RESERVES. 7 vation and receive credit for prcvions residence, lie should file liis application as provided for in paragraph 15, including the allidavit as to residence therein required, and describing his unsurveyed claim with sufficient accuracy to enable the local land oflicers to approxima).ely determine its location. 18. All applications for change of entry or settlement must be for- warded by the local officers to the Commissioner of the General Land Office for consideration, together with rexiort as to the status of the tract applied for. LOCATION AND ENTRY OF MINERAL LANDS. 19. The law provides that '^any mineral lands in any forest reserva- tion which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry," notwithstanding the reservation. This makes mineral lands in the forest reserves subject to location and entry under the general mining laws in the usual manner. 20. Owners of valid mining locations made and- held in good faith under the mining laws of the United States and the regulations there- under, are authorized and permitted to fell and remove from such min- ing claims any timber growing thereon, for actual mining x)urposes in connection with the particular claim from which the timber is felled or removed. (For further use of timber by miners, see below under head- ing "Free use of timber and stone.") FREE USE OF TIMBER AND STONE. 21. The law provides that Tlio Secretary of the Interior may permit, under regulations to he prescribed by Lim, the use of timber and stone found upon sucli reservations, free of charge, by bona tide settlers, miners, residents, and prospectors for minerals, for firewood, fenc- ing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such jiurposes ; such timber to be used Avithin the State or Terri- tory, respectively, -where such reservations may be located. This provision is limited to persons resident in forest reservations who have not a sufficient supply of timber or stone on their own claims or lands for the purposes enumerated, or for necessary use in develop- ing the mineral or other natural resources of the lands owned or occu- pied by them. Such persons, therefore, are permitted to take timber and stone from public lands in the forest reservations under the terms of the law above quoted, strictly for their individual use on their own claims or lands owned or occujiied by them, but not for sale or disposal, or use on other lands, or by other persons: Provided, That where the stumpage value exceeds one hundred dollars, application must be made to and permission given by the Department. (Amended August 3, 1898; seep. 12.) 8 RULES AND REGULATIONS GOVERNING FOREST RESERVES. SALE OF TIMBER. 22. Tlie following provision is made for tlie sale of timber witliin forest reservations in limited quantities: For the purpose of preserving the living and growing timber and promoting the younger growth on forest reservations, the Secretary of the Interior, under such rules and regulations as he shall prescribe, may cause to be designated and appraised so much of the dead, matured, or large growth of trees found upon such forest reserva- tions as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in tbo State or Territory in which such timber reser- vation may bo situated, respectively, but not for export therefrom. Before such sale shall take place, notice thereof shall be given by the Commissioner of the General Laud Office, for not less than sixty days, by publication in a newspaper of general circulation, published in the county in which the timber is situated, if any is therein published, and if not, then in a newspaper of general circulation published nearest to the reservation, and also in a newspaper of general circulation published at the capital of the State or Territory where such reservation exists; payments for such timber to be made to the receiver of the local laud office of the district Avherein said timber may be sold, under such rules and regulations as the Secretary of the Interior may prescribe; and the moneys arising Iherefrom shall be accounted for by the receiver of such laud office to the Commissioner of the General Land Office, in a separate account, and shall be covered into the Treasury. Such timber, before being sold, shall be marked and designated, and shall be cut and removed under the super- vision of some person appointed for that purpose by the Secretary of the Interior, not interested in the purchase or removal of such timber nor in the employment of the purchaser thereof. Such supervisor shall make a report in writing to the Com- missioner of the General Land Office and to the receiver in the land office in which such reservation shall be located of his doings in the premises. The sale of timber is optional, and the Secretary may exercise liis discretion at all times as to the necessity or desirability of any sale. 23. While sales of timber may be directed by this Department with- out previous request from private individuals, petitions from responsible persons for the sale of timber in particular localities will be considered. Such petitions must describe the land upon which the timber stands by legal subdivisions, if surveyed; if unsurveyed, as definitely as possible by natural landmarks; the character of the country, whether rough, steep or mountainous, agricultural or mineral, or valuable chiefly for its forest growth; and state whether or not the removal of the timber would result injuriously to the objects of forest reservation. If any of the timber is dead, estimate the quantity in feet, board measure, with the value, and state whetlier killed by fire or other cause. Of the live timber, state the diiferent kinds and estimate the quantity of each kind in trees per acre. Estimate the average diameter of each kind of tim- ber, and estimate the number of trees of each kind j)ev acre above the average diameter. State the number of trees of each kind above the average diameter it is desired to have offered for sale, with an estimate of the number of feet, board measure, therein, and an estimate of the value of the timber as it stands. These petitions must be filed in the RULES AND REGULATIONS GOVERNING FOREST RESERVES. 9 proper local land office, for transmission to the Commissioner of tlie General Land Office. 24. Before any sale is authorized, the timber will be examined and appraised, and other questions involved duly investigated, by an official designated for the purpose; and upon his report action will be basea. 25. When a sale is ordered, notice thereof will be given by publica- tion by the Commissioner of the General Land Office, in accordance with the law above quoted ; and if the timber to be sold stands in more than one county, published notice will be given in each of the counties, in addition to the required general publication. 26. The time and place of tiling bids, and other information for a correct understanding of the terms of each sale, will be given in the published notices. Timber is not to be sold for less th;m the appraised value, and when a bid is accepted a certificate of acceptance will be issued by the Commissioner of the General Land Office to the success- ful bidder, who, at the time of making i)ayment, must present the same to the receiver of public moneys for the land district in which the timber stands. The Commissioner of the General Land Office must approve all sales, and he may, in sales in excess of five hundred dollars in value, make allotments of quantity to several bidders at a fixed price, if he deems proper, so as to avoid monoi3oly. The right is also reserved to reject any or all bids. A reasonable cash deposit with the proper receiver of x)ublic moneys, to accompany each bid, will be required. 27. Within thirty days after notice to a bidder of an award of timber to him, payment must be made in full to the receiver for the timber so awarded. The purchaser must have in hand the receipt of the receiver for such payment before he will be allowed to cut, remove, or otherwise dispose of the timber in any manner. The timber must all be cut and removed within one year from the date of the notice by the receiver of the award; failing to so do, the purchaser will forfeit his right to the timber left standing or unrcmoved and to his purchase money. (Amended March 21, 189S; see p. 11.) 28. Sixty days' notice must be given by the purchaser, through the local land office, to the Commissioner of the General Land Office, of the proposed date of cutting and removal of the timber, so that an official may be designated to supervise such cutting and removal, as required by the law. Upon application of purchasers, permits to erect temporary sawmills for the purpose of cutting or manufacturing timber purchased under this act may be granted by the Commissioner of the General Land Office, if not incompatible with the public interests. Instructions as to disposition of tops, brush and refuse, to be given through the supervisors in each case, must be strictly complied with, as a condition of said cutting and manufacture. 29. The act provides that the timber sold shall be used in the State or Territory in which the reservation is situated, and is not to be ex2)orted therefrom. Where a reservation lies in more than one State 10 RULES AND REGULATIONS GOVERNING FOREST RESERVES. or Tcrritoryj this requires tliat tlie timber shall be used in the State or Territory where cut. 30, Eeceivers of public moneys will issue receipts in duplicate for moneys received in payment for timber, one of which will be given the purchaser, and the other will be transmitted to the Commissioner of the General Land Office in a special letter, reference being made to the letter from the Commissioner authorizing the sale, by date and initial, and with title of case as therein named. Eeceivers will deposit to the credit of the United States all such moneys received, specifying that the same are on account of sales of public timber on forest reservations under the act of June 4, 1897. A separate monthly account-current (Form 4-105) and quarterly condensed account (Form 4-104) will be made to the Commissioner of the General Land Office, with a statement in relation to the receipts under the act as above specified. 31. Special instructions will be issued for the guidance of officials designated to examine and appraise timber, to supervise its cutting and removal, and for carrying out other requirements connected therewith. Linger Hermann, Commissioner. Approved June 30, 1897 : C. N. Bliss, Secretary. (For additional regulations, see page 11.) CIRCXJI^^VR. AMEiNDMEiNTS TO RULES AND REGULATIONS GOVERNING FOREST RESERVES. p. Department of the Interior, General Land Office, Washington, D. C, March 21, 1898. The following amendments and additions to the Eules and Eegula- tions Governing Forest Eeserves, issued June 30, 1897, are hereby prescribed and promulgated: Paragraph 11 is amended to read as follows: 11. The right of way in and across forest reservations for irrigating canals, ditches, flumes and pipes, reservoirs, electric power purposes, and for pipt lines, will be subject to existing laws and regulations j and the applicant or applicants for such right will be required, if deemed RULES AND REGULATIONS GOVERNING FOREST RESERVES. 11 advisable by tbe Commissioner of the General Laud Office, to give bond in a satisfactory snrety company to the Government of the United States, to be approved by him, snch bond stipnlating that the makers thereof will pay to the United States for any and all damage to the public lauds, timber, natural curiosities or other public property on such reservation or upon the lands of the United States, by reason of such use and occupation of the reserve, regardless of the cause or circum- stances under which such damage may occur. Paragraph 27 is amended to read as follows: 27. Within thirty days after notice to a bidder of an award of timber to him, payment must be made in full to the receiver for the timber so awarded; or equal payments therefor maj^ be made in thirty, sixty and ninety days from date of such notice, at the option of the purchaser. The purchaser must have in hand the receipt of the receiver for each payment before he will be allowed to cut, remove, or otherwise dispose of the timber covered by that payment. The timber must all be cut and removed withiu one year from the date of the notice by the receiver of the award; failing to do so, the purchaser will forfeit his right to the timber left standing or unremoved and to his inirchase money : Provided^ That the limit of one year herein named may be extended by the Com- missioner of the General Land Office, in his discretion, upon good and sufficient reasons being shown. The following additional regulations are prescribed: 32. In order to meet the necessities of persons, firms, companies, or corporations, whose business requires a large and continuous supply of timber, it is hereby provided that where the annual consumption exceeds one million feet of timber, board measure, application for the succeeding year's supply maybe made in time to permit the appraisement and salo of the timber desired six months in advance of its actual need. 33. Where timber has been appraised and advertised for sale and no satisfactory bid has been offered, a new appraisement and sale may be ordered, from time to time, until an appraisement and sale has been made, which shall receive the approval of the Commissioner of the General Land Office. BiNGER Hermann, Commissioner, Approved March 21, 1898: C iST. Bliss, Secretary, 12 RULES AND REGULATIONS GOVERNING FOREST RESERVES. CIRCXJL^VR. AMENDMENT TO RULES AND REGULATIONS GOVERNING FOREST RESERVES. p. Department of the Interior, General Land Office, Waslmigton, JD. C, August 3, 189S. Paragraph 21 of the Rules and Eegiilations Goveruiug Forest Pcserves, issued June 30, 1897, is hereby amended to read as follows: free use of timber and stone. 21. The law provides that The Secretary of the Interior may permit, under regulations to he prescriheil hy him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miuers, residents, and prospectors for minerals, for firewood, fencing, buildings, miniug, prospecting, and other domestic purposes, as may be needed by such persons for such purposes; such timber to bo used within the State or Territory, respectively, where such reservations may be located. This provision is limited to persons resident in forest reservations or ■within a reasonable distance thereof in the State or Territory where the forest reservation is located who have not a sufficient supply of timber or stone on their own claims or lands for the purposes ennmer- ated, or for necessary use in developing the mineral or other natural resources of the lands owned or occupied by them. Such persons, there- fore, are permitted to take timber and stone from jiublic lauds in the forest reservations under the terms of the law above quoted, strictly for their individual use on their own claims or lands owned or occupied by them within the State or Territory where such reservation is located, but not for sale or disposal, or use on other lands, or by other persons: Provided, That where the stumpage value exceeds one hundred dollars, applications must be made to and permission given by the Department. BiNGER Hermann, Commissiona'. Approved August 3, 1898 : C. ]Sr. Bliss, Secretary. The text of the law under which the above rules and regulations are prescribed is as follows : [30 Stat., 34-3C.] AX ACT ll.akiii