NATIONAL FOREST MANUAL LAWS. 7 



[Before such sale shall take place, notice thereof shall be given Timber to be 

 * for not less than thirty days by publication in one or more s ;^ d 9 Ql y after 

 newspapers of general circulation, as he may deem necessary, in the a(J 

 State or Territory where such reservation exists: Provided, however, Emergency 

 That in cases of unusual emergency the Secretary of the Interior sales - 

 may, in the exercise of his discretion, permit the purchase of timber 

 and cord wood in advance of advertisement of sale at rates of value 

 approved by him and subject to payment of the full amount of the 

 highest bid resulting from the usual advertisement of sale: Provided Sales of timber 

 further, That he may, in his discretion, sell without advertisement, in ^aS 

 quantities to suit applicants, at a fair appraisement, timber and cord 

 wood not exceeding in value one hundred dollars stumpage : And pro- Private sales 

 vided further, That in cases in which advertisement is had and no ^ere bfd i^un- 

 satisfactory bid is received, or in cases in which the bidder fails to satisfactory. 

 complete the purchase, the timber may be sold, without further 

 advertisement, at private sale, in the discretion of the Secretary of the 

 Interior, at not less than the appraised valuation, in quantities to suit 

 purchasers:] ' Such timber before being sold, shall be marked Timber to be 



and designated, and shall be cut and removed under the supervision JuT under super- 

 of some person appointed for that purpose by the Secretary of the vision. 

 Interior, not interested in the purchase or removal of such timber nor 

 in the employment of the purchaser thereof. Such supervisor shall 

 make report in writing * * * of his doings in the premises. 



(The matter in brackets in the above section is taken bodily from the act of June 6, 

 1900 (31 Stat., 661), and, since the passage of the agricultural appropriation act of June 

 30,1906 (34 Stat. ,669), is the timber sale law for all National Forests, except as modified 

 by the act of Feb. 1, 1905 (33 Stat., 628), transferring the jurisdiction of the National 

 Forests to the Secretary of Agriculture.) 



The Secretary of the Interior may permit, under regulations to be Free use of tim- 

 prescribed by him, the use of timber and stone found upon such reser- 

 vations, free of charge, by bona fide settlers, miners, residents, and 

 prospectors for minerals, for firewood, fencing, buildings, mining, 

 prospecting, and other domestic purposes, as may be needed by such 

 persons for such purposes; such timber to be used within the State or 

 Territory, respectively, where such reservations may be located. 



[36] Nothing herein shall be construed as prohibiting the egress or Ingress and 

 ingress of actual settlers residing within the boundaries of such reser- egres! 

 vations, or from crossing the same to and from their property or homes; 

 and such wagon roads and other improvements 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, 1 including that of prospecting, locating, and develop- Prospecting, 

 ing the mineral resources thereof: Provided, That such persons comply ' 

 with the rules and regulations covering such forest reservations. 



(The paragraphs in this act providing for lieu selection were repealed by the act of 

 Mar. 3, 1905, 33 Stat., 1264.) 



The settlers residing within the exterior boundaries of such forest Schools and 

 reservations, or in the vicinity thereof, may maintain schools and ^^^ forests. & 

 churches within such reservation, and for that purpose may occupy 

 any part of the said forest reservation, not exceeding two acres for each 

 schoolhouse and one acre for a church. 



The jurisdiction, both civil and criminal, over persons within such State jurisdic- 

 reservations shall not be affected or changed by reason of the existence 

 of such reservations, except so far as the punishment of offenses against 

 the United States therein is concerned; the intent and meaning of this 

 provision being that the State wherein any such reservation is situated 



i While it is no doubt within the power of Congress to prevent intrusion upon the 

 National Forests for the purposes of taking fish and game, yet in view of the long-estab- 

 lished policy by which the public domain has been opened for these purposes, it can not 

 be held that the general powers conferred upon the Secretary of Agriculture by the 

 forest administrative act of June 4, 1897, or any other legislation empowers him to pro- 

 hibit or to make regulations in relation to the taking of fish and game on the National 

 Forests. (23 Op. Atty. Gen., 589; 1 Sol. Op., 78 and 174.) 



The fish and game laws of the States and Territories are applicable to National Forest 

 lands and to persons other than Indians on Indian reservations but not to Indians upon 

 their reservations. (1 Sol. Op., 201.) 



