354 ACTS OP CONGRESS 



SEC. 626 NATIONAL FORESTS. 



L. D. 82, 110, 155, 321, 469 ; 33 L. D. 36, 389 ; 34 L. D. 20 ; 35 L. D. 159, 262, 

 433 ; 36 L. D. 344 ; 37 L. D. 278 ; 38 L. D. 225 ; 39 L. D. 93, 415 ; 40 L. D. 427. 



"The President had and has no power to declare any lands a part of a forest 

 reserve except public lands ; and the term 'public lands' as used in the legisla- 

 tion of Congress describes such lands as are subject to sale or other disposition 

 under general laws." U. S. v. Blendauer, 122 Fed. 703. 



It is not necessary that the President should sign a proclamation setting 

 apart public lands as a forest reservation. Where the proclamation is made by 

 the secretary of the interior it will be considered as having been done by the 

 secretary with the President's approval. U. 8. v. Blendauer, 122 Fed. 703. 



Sec. 585, ante, withheld sections 16 and 36 from entry under the land laws, 

 whether surveyed or unsurveyed, in consequence of which provision they ceased 

 to be "public lands" in the sense used in this section. South Dakota v. Ruby. 

 (Unpublished decision of the Secretary of the Interior, dated May 21, 1904.) 



Where a forest reservation includes within its limits a school section surveyed 

 prior to the establishment of the reservation, the state, under the authority of the 

 first proviso to section 593, ante, may be allowed to waive its rights to such sec- 

 tion and select other lands in lieu thereof. The decision of December 27, 1894, 

 19 L. D., 585, recalled and vacated. Instructions of December 19, 1893, 17 L. D., 

 576, modified. State of California, 28 L. D. 57. See also, Territory of New 

 Mexico, 29 L. D. 365. 



SEC. 626. PRESIDENT MAY AMEND PROCLAMATION. 



For the survey of the public lands that have been or may hereafter 

 be designated as forest reserves by executive proclamation, under the 

 preceding section, and including public lands adjacent thereto, which 

 may be designated for survey by the Secretary of the Interior, one 

 hundred and fifty thousand dollars, to be immediately available: Pro- 

 vided, That to remove any doubt which may exist pertaining to the 

 authority of the President thereunto, the President of the United States 

 is hereby authorized and empowered to revoke, modify or suspend any 

 and all such executive orders and proclamations, or any part thereof, 

 from time to time as he shall deem best for the public interests: Pro- 

 vided, That the executive orders and proclamations dated February 

 twenty-second, eighteen hundred and ninety-seven, setting apart and re- 

 serving certain lands in the States of Wyoming, Utah, Montana, Wash- 

 ington, Idaho and South Dakota as forest reservations, be, and they are 

 hereby, suspended, and the lands embraced therein restored to the pub- 

 lic domain the same as though said orders and proclamations had not 

 been issued: Provided further, That lands embraced in such reserva- 

 tions not otherwise disposed of before March first, eighteen hundred and 

 ninety-eight, shall again become subject to the operations of said orders 

 and proclamations as now existing or hereafter modified by the Presi- 

 dent. (Act June 4, '97; 30 Stat. L., p. 34, sec. 1; 7 Fed. Stat. Ann., 

 p. 311; 2 Comp Stat, p. 1538.) 



See also sec. 632, infra. 



NOTE : This and the three following sections are from the Sundry Civil Appro- 

 priation Act of June 4, 1897, chapter 2. 



The proclamations above referred to are those of February 22, 1897, Nos. 

 19-31, 29 Stat. L. 893-912. They were issued under authority of sec. 625. 



Later proclamations issued under the same act are those of 1898, March 2, 

 May 10, May 27, June 29, August 17, September 19, 1899 ; February 10, Nos. 



