FOREST SERVICE. 475 



Th« agi-eements for exclian.<^e have so far applied only to school 

 sectioDS which were iinsurveyed at the time of the creation of the 

 national forests. This is because there is some doubt as to the power 

 of the State to exchange sections to which it had acquired absolute 

 title prior to their inclusion within the forest. This doubt should 

 be removed by congressional action. Several bills have already been 

 introduced in Congress for this purpose, but so far have not received 

 favorable consideration. 



CLAIMS AND SETTLEMENT. 



Aside from the perfecting of claims initiated before the forests 

 were proclaimed, further reductions in net area through private 

 acquisition of lands within the forests can, under existing laws, take 

 place only (1) through new mining claims, and (2) through agri- 

 cultural settlement on lands listed by the Secretary of Agriculture 

 in accordance with the forest homestead act. 



MINING CLAIMS ON NATIONAL FORESTS. 



Mining claims are perfected and new mining claims initiated under 

 the same laws wdiich apply on the unreserved public domain, and no 

 restriction of any kind is imposed on the prospector in his search for 

 valuable minerals. He may go freely where he pleases and may stake 

 out his claim wherever he finds indications that seem to him worth 

 following up. If he desires to build a cabin on Government land 

 not included within the limits of his claim, he is given a free occu- 

 pancy permit and free timber for its construction. On his own claim 

 he need only comply with the law to remain in undisturbed possession 

 for as long a time as he may desire before making final proof. Both 

 the timber and the forage on it are reserved for his use, in so far as 

 he may need either in connection with the development of his claim ; 

 and if the supply on his own claim is not sufficient for his needs, free 

 use of national forest timber, and of range for his work animals. 

 may be had for the asking. AVlien he desires to make final proof 

 no requirements are imposed upon him other than those laid down 

 by the general mining laws for all public lands. Moreover, by the 

 protection which national forest administration affords against fire 

 and by the provision made for permanence of timber supplies for 

 local needs, he gains both in security against fire loss and in insur- 

 ance against the danger of having to bring timber from distant 

 markets at a heavy cost in order to work his mine. 



Yet the charge is frequently made that the national forests are 

 closed to mining development and that restrictions have, without 

 legal warrant, been imposed upon the patenting of mining claims 

 within them. 



In so far as these charges are not the result of misapprehensions or 

 misrepresentations, they arise from the fact that bofore claims to land 

 within national forests are patented they are examined by forest 

 officers, and reports upon them are submitted to the Interior Depart- 

 ment, which has sole jurisdiction over all questions of land title. 

 These reports are made in accordance with the request of the Secre- 

 tary of the Interior. Doubtful claims bearing evidence of fraud or 



