1899. 



AMERICAN FORESTRY ASSOCIATION. 



79 



forest lands not yet reserved, which 

 having no responsible patrol become the 

 prey of the depredator and the fire fiend, 

 and each year, until remedied, we shall 

 continue to read in the dispatches of the 

 magnificent forests and great wealth 

 which go up in smoke and down in ashes 

 with no sufficient power to control the 

 devouring element. The same laws, 

 rules and regulations which now govern 

 the forest reserves, should be extended 

 over all such unreserved forests, with 



the same powers and safeguards for their 

 protection and disposal. It is a solemn 

 and imperative duty the citizens of our 

 country owe to posterity to co-operate 

 singly and collectively in the care of the 

 great forest wealth of the nation, for in 

 so doing they contribute not only to the 

 industrial wealth, but alike to the happi- 

 ness and health of the unborn millions 

 who are to succeed us. 



Binger Hermann. 



Forest Administration. 



Mining in Forest Reserves. 



The laws for the regulation of mining 

 in forest reserves make ample provision 

 for the protection of the miner's interests 

 and permit the exercise of every privilege 

 that is consistent with public welfare. 

 Among the provisions of the law are the 

 following : 



"It is not the purpose or intent of these 

 provisions or of the act providing for such res- 

 ervations to authorize the inclusion therein of 

 lands more valuable for the mineral therein, or 

 for agricultural purposes, than for forest pur- 

 poses. 



" The Secretary of the Interior may permit, 

 under regulations to be prescribed by him, the 

 use of timber and stone found upon such res- 

 ervations, free of charge by bona fide settlers, 

 miners, residents and prospectors for minerals, 

 for firewood, fencing, buildings, mining, pros- 

 pecting and other domestic purposes, as may 

 be needed by such persons for such purposes. 



"Nor shall anything herein prohibit any per- 

 son entering upon such forest reservations for 

 all proper and lawful purposes, including that 

 of prospecting, locating and developing the 

 mineral resources thereof, provided, that such 

 persons comply with the rules and regulations 

 covering such forest reservations. 



"All water on such reservations may be 

 used for domestic, mining, milling or irrigat- 

 ing purposes, under the laws of the States 

 wherein such forest reservations are situated, 

 or under the laws of the United States and the 

 rules and regulations established thereunder. 



" Upon the recommendation of the Secretary 

 of the Interior, with the approval of the Presi- 

 dent, 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, which 

 after due examination by personal inspection 

 of a competent person appointed for that pur- 



pose by the Secretary of the Interior shall be 

 found better adapted for mining or agricultural 

 purposes than for forest usage, maybe restored 

 to the Public Domain. And any mineral lands 

 in any forest reservation which shall 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 continue to be subject 

 to such location and entry, notwithstanding 

 any provisions herein contained." 



Under the authority vested in the Sec- 

 retary of the Interior by the act to insure 

 the objects for which forest reservations 

 are created, rules and regulations were 

 prescribed June 30, 1897, by the Com- 

 missioner (24 L. D., 189), among which 

 the following are important : 



"3. It is the intent to exclude from these res- 

 ervations, as far as possible, lands that are 

 more valuable for the mineral therein, or for 

 agriculture, than for forest purposes ; and where 

 such lands are embraced within the bounda- 

 ries of a reservation they may be restored to 

 settlement, location and entry. 



"19. The law provides that '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 continue to be subject 

 to such location and entry, notwithstanding 

 the reservation.' This makes mineral lands 

 in the forest reserves subject to location and 

 entry under the general mining laws in the 

 usual manner. 



" 20. Owners of valid mining locations made 

 and held in good faith under the mining laws 

 of the United States and the regulations there- 

 under, are authorized and permitted to fell and 

 remove from such mining claims any timber 

 growing thereon, for actual mining purposes in 

 connection with the particular claim from 

 which the timber is felled or removed." 



