356 ACTS OF CONGRESS 



SECS. 631-633 NATIONAL FORESTS. 



reconveying, certifying, or patenting of any such lands. (Act Feb. 1, 

 '05; 33 Stat. L., p. 628, sec. 1; 10 Fed. Stat. Ann., p. 404; '11 Supp. 

 Comp. Stat., p. 635.) 



NOTE : The Department of Agriculture and the Department of the Interior 

 have concurred in the opinion that the above law divides the jurisdiction over 

 forest reserves as follows : All grants of rights or privileges within forest re- 

 serves, which do not affect the title to the land or cloud the fee, are under the 

 jurisdiction of the Secretary of Agriculture. All grants which dispose of title 

 to or give an easement running with the land are under the jurisdiction of the 

 Secretary of the Interior. 



Cited : 220 U. S. 506 (55 L. Ed. 563 ; 31 S. C. R. 480) ; 205 Fed. 970 ; 34 

 Land Dec. 20, 229 ; 35 L. D. 264 ; 36 L. D. 344, 581 ; 38 L. D. 65, 306 ; 39 L. 

 D. 416. 



Acts conferring power upon the Secretary of Agriculture to prescribe rules for 

 the government and use of national forests are not unconstitutional as delegating 

 legislative powers : U. S. v. Grimaud, 220 U. S. 506. 



SEC. 631. RESTORATION TO PUBLIC DOMAIN. 



Upon the recommendation of the Secretary of the Interior, with the 

 approval of the President, after sixty days' notice thereof, published in 

 two papers of general circulation in the state or territory wherein any 

 forest reservation is situated, and near the said reservation, any public 

 lands embraced within the limits of any forest reservation which, after 

 due examination by personal inspection of a competent person ap- 

 pointed for that purpose by the Secretary of the Interior, shall be found 

 better adapted for mining or for agricultural purposes than for forest 

 usage, may be restored to the public domain. And any mineral lands 

 in any forest reservation 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 con- 

 tinue to be subject to such location and entry, notwithstanding any pro- 

 visions herein contained. (Act Jun. 4, '97; 30 Stat. L., p. 36; 7 Fed. 

 Stat. Ann., p. 315; 2 Comp. Stat, p. 1542.) 



SEC. 632. CHANGE OF BOUNDARY. 



The President is hereby authorized at any time to modify any execu- 

 tive order that has been or may hereafter be made establishing any 

 forest reserve, and by such modification may reduce the area or change 

 the boundary lines of such reserve, or may vacate altogether any order 

 creating such reserve. * * * (Act Jun. 4, '97; 30 Stat. L., p. 36; 

 7 Fed. Stat. Ann., p. 315; 2 Comp. Stat, p. 1542.) 



See also sec. 626, supra. 



Not to be enlarged : sec. 624, supra. 



SEC. 633. AGRICULTURAL LANDS TO BE OPENED. 



The Secretary of Agriculture may, in his discretion, and he is hereby 

 authorized, upon application or otherwise, to examine and ascertain 

 as to the location and extent of lands within permanent or temporary 

 forest reserves, * * * which are chiefly valuable for agriculture, 

 and which, in his opinion, may be occupied for agricultural purposes 



