NATIONAL FOKEST MANUAL LAWS. 59 



it liable to exploration, location, or entry under the mining laws. 

 (Opinion of the Assistant Attorney General, 35 L. D.. 262-268.) 



SPECIAL USE PERMIT. 



A special use permit for the use of lands for a summer home remains 

 in full force and effect and gives the permittee complete right of pos- 

 session and use as against subsequent locators of a mining claim. (Le 

 Roy et al. v. Swanson; unpublished findings of the county court of 

 Colorado for Clear Creek County, date Feb. 6, 1912.) 



TIMBER AND STONE FOR UNITED STATES RECLAMATION WORKS. 



Act of February 8, 1905 (33 Stat., 706). 



In carrying out the provisions of the national irrigation law approved Recla m a t i o n 

 June seventeenth, nineteen hundred and two, and in constructing material fromNa- 

 works thereunder, the Secretary of the Interior is hereby authorized to tional Forests. 

 use and to permit the use by those engaged in the construction of works 

 under said law, under rules and regulations to be prescribed by him, 

 such earth, stone and timber from the public lands of the United States 

 as may be required in the construction of such works, and the Secretary 

 of Agriculture is hereby authorized to permit the use of earth, stone and 

 timber from the forest reserves of the United States for the same purpose, 

 under rules and regulations to be prescribed by him. 



SILVICULTURE. 



TIMBER SALES. 



Timber sales provisions of act June 4, 1897 (30 Stat . 11. 35). as amended by act June 6, 

 1900 (31 Stat., 661). 



For the purpose of preserving the living and growing timber and Timber, ap- 

 promoting the younger growth on forest reservations, the Secretary of P raisal and sale - 

 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 reservations 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 the State or Territory in 

 which such timber reservation may be situated, respectively; but not 

 for export therefrom. 1 



2 [Before such sale shall take place notice thereof shall be given Advertisement 



for not less than thirty days, by publication in one or more 

 newspapers of _ general circulation, as he may deem necessary, in the 

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

 That in cases of unusual emergency the Secretary of the Interior may, Emergency 

 in the exercise of his discretion, permit the purchase of timber and cord O f advertfsemenT 

 wood in advance of advertisement of sales 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 further, That 

 he may, in his discretion, sell without advertisement, in quantities to 

 suit applicants, at a fair appraisement, timber and cord wood not 

 exceeding in value one hundred dollars stumpage: And provided fu 



ther, That in cases in which advertisement is had and no satisfactory ^vate sale 



bid is received, or in cases in which the bidder fails to complete the S^ory etc 

 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: 

 And provided further, That the provisions of this act shall not apply to 

 existing forest reservations in the State of California, or to reservations 

 that may be hereafter created within said State]. 3 



> Modified by agricultural appropriation, act of Mar. 4, 1907 (34 Stat.. 1270) , printed next 

 following. 



2 The matter in brackets is taken bodily from the act of June 6, 1900 (31 Stat., 661) , which 

 amends the original act by substituting this language. 



This proviso is repealed by a provision in the agricultural appropriation act of June 

 30, 1906 (34 Stat., 669, 684), post p. 60. 



