THE PASSAGE OF THE APPALACHIAN BILL 167 



Sec. 8. That the Secretary of Agriculture may do all things necessary to secure the 

 safe title in the United States to the lands to be acquired under this Act, but no payment 

 shall be made for any such lands until the title shall be satisfactory to the Attorney- 

 General and shall be vested in the United States. 



Sec. 9. That such acquisition may in any case be conditioned upon the exception 

 and reservation to the owner from whom title passes to the United States of the minerals 

 and of the merchantable timber, or either or any part of them, within or upon such 

 lands at the date of the conveyance, but in every case such exception and reservation 

 and the time within which such timber shall be removed and the rules and regulations 

 under which the cutting and removal of such timber and the mining and removal of 

 such minerals shall be done shall be expressed in the written instrument of conveyance, 

 and thereafter the mining, cutting, and removal of the minerals and timber so excepted 

 and reserved shall be done only under and in obedience to the rules and regulations 

 so expressed. 



Sec. 10. That inasmuch as small areas of land chiefly valuable for agriculture may 

 of necessity or by inadvertence be included in tracts acquired under this Act, the 

 Secretary of Agriculture may, in his discretion, and he is hereby authorized, upon appli- 

 cation or otherwise, to examine and ascertain the location and extent of such areas as 

 in his opinion may be occupied for agricultural purposes without injury to the forests 

 or to stream flow and which are not needed for public purposes, and may list and 

 describe the same by metes and bounds, or otherwise, and offer them for sale as home- 

 steads at their true value, to be fixed by him, to actual settlers, in tracts not exceeding 

 eighty acres in area, under such joint rules and regulations as the Secretary of Agricul- 

 ture and the Secretary of the Interior may prescribe; and in case of such sale the 

 jurisdiction over the lands sold shall, ipso facto, revert to the State in which the lands 

 sold lie. And no right, title, interest, or claim in or to any lands acquired under this 

 Act, or the waters thereon, or the products, resources, or use thereof after such lands 

 shall have been so acquired, shall be initiated or perfected, except as in this section 

 provided. 



Sec. 11. That, subject to the provisions of the last preceding section, the lands 

 acquired under this Act shall be permanently reserved, held, and administered as 

 national forest lands under the provisions of section twenty-four of the Act approved 

 March third, eighteen hundred and ninety-one (volume twenty-sixth. Statutes at Large, 

 page eleven hundred and three), and Acts supplemental to and amendatory thereof. 

 And the Secretary of Agriculture may from time to time divide the lands acquired 

 under this Act into such specific national forests and so designate the same as he may 

 deem best for administrative purposes. 



Sec. 12. That the jurisdiction, both civil and criminal, over persons upon the lands 

 acquired under this Act shall not be affected or changed by their permanent reservation 

 and administration as national forest lands, except so far as the punishment of offenses 

 against the United States is concerned, the intent and meaning of this section being 

 that the State wherein such land is situated shall not, by reason of such reservation 

 and administration, lose its jurisdiction nor the inhabitants thereof their rights and 

 privileges as citizens or be absolved from their duties as citizens of the State. 



Sec. 13. That five per centum of all moneys received during any fiscal year from 

 each national forest into which the lands acquired under this Act may from time to time 

 be divided shall be paid, at the end of such year, by the Secretary of the Treasury 

 to the State in which such national forest is situated, to be expended as the state 

 legislature may prescribe for the benefit of the public schools and public roads of 

 the county or counties in which such national forest is situated: Provided. That when 

 any national forest is in more than one State or county the distributive share to each 

 from the proceeds of such forest shall be proportional to its area therein: Provided 

 further. That there shall not be paid to any State for any county an amount equal to 

 more than forty per centum of the total income of such county from all other sources. 



Sec. 14. That a sum sufficient to pay the necessary expenses of the commission and 

 its members, not to exceed an annual expenditure of twenty-five thousand dollars, is 

 hereby appropriated out of any money in the Treasury not otherwise appropriated. 

 Said appropriation shall be immediately available, and shall be paid out on the audit 

 and order of the president of the said commission, which audit and order shall be con- 

 clusive and binding upon all departments as to the correctness of the accounts of said 

 commission. 



Passed the House of Representatives June 23 (calendar day, June 24), 1910. 



Passed the Senate February 15, 1911. 



