6 NATIONAL FOREST MANUAL LAWS. 



culture laws, and for other purposes," approved March third, eighteen 

 hundred and ninety-one, and acts supplemental to and amendatory 

 thereof, after such lands have been so reserved, excepting such laws as 

 affect the surveying, prospecting, locating, appropriating, entering, 

 relinquishing, reconveying, certifying, or patenting of any of such lands. 



Sundry civil appropriation act of June 4, 1897 (30 Stat., 11). 



[34] All public lands heretofore designated and reserved by the 

 President of the United States under the provisions of the act approved 



26 Stat., 1095. March third, eighteen hundred and ninety-one, the orders for which 

 shall be and remain in full force and effect, unsuspended and unrevoked, 

 and all public lands that may hereafter be set aside and reserved as 

 public forest reserves under said act, shall be as far as practicable 

 controlled and administered in accordance with the following pro- 

 visions: 

 No public forest reservation shall be established, except to improve 



Purposes of Na- and protect the forest within the reservation, or for the purpose of 

 tional Forests. securing favorable conditions of water flows, and to furnish a con- 

 tinuous supply of timber for the use and necessities of citizens of the 

 United States; but it is not the purpose or intent of these provisions, or 

 of the act providing for such reservations, to authorize the inclusion 

 therein of lands more valuable for the mineral therein, or for agricul- 

 tural purposes, than for forest purposes. 1 



Fire protection. The Secretary of the Interior shall make provisions for the protection 

 against destruction by fire and depredations upon the public forests 

 and forest reservations which may have been set aside or which may be 

 hereafter set aside under the said act of March third, eighteen hundred 



Secretary (of a nd ninety-one, anct which may be continued ; and he may make such 



make ndes nd Tu \ es an ^ regulations and establish such service as will insure the objects 



regulations. of such reservations, namely, to legulate their occupancy and use and 



to preserve the forests thereon from destruction; 2 and any violation of 



Penalty. the provisions of this act or such rules and regulations shall be punished 



25 Stat., 166. as is provided for in the act of June fourth, eighteen hundred and eight y- 



R.S., sec. 5388. eight, amending section fifty-thiee hundred and eighty-eight of the 

 Revised Statutes of the United States. 3 



Timber may p O r the purpose of preserving the living and growing timber and 

 be appra d promoting the younger growth on forest reservations, the Secretary 

 of 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 



Timber must eac h purchaser as he shall prescribe, to be used in the State or Terri- 

 ' tory in which such timber reservation may be situated, respectively, 

 but not for export therefrom. 4 



1 Notwithstanding this language, mineral lands (at least if not located as such at the 

 time of withdrawal) become a part of the National Forest; and their subsequent location 

 does not (prior to patent) withdraw or exclude them therefrom. (United States v. 

 Rizzinelli, 182 Fed., 675.) 



Under a forestry proclamation declaring " that the withdrawal made by this proclama- 

 tion shall, as to all lands at this time legally appropriated * * * be subject to and 

 shall not interfere with or defeat legal rights under such appropriation * * * so 

 long as such appropriation is maintained," a mining location existing at the date of the 

 proclamation becomes a part of the National Forest subject only to the rights of the 

 owner thereof under the mineral laws. (2 Sol. Op., 763; id., 865.) 



Lands covered by railroad and ditch rights-of-way at the time of withdrawal become 

 part of the National Forests subje9t to such rights-of-way. (2 Sol. Op., 790; id., 728.) 



If agricultural lands are improvidently included in a forest reservation they can be 

 eliminated only by proclamation of the President or by act of Congress. (E. S. Gosney, 

 29 L. D., 593, 30 L. D., 44; decided before the passage of act of June 11, 1906.) 



2 Authority to regulate occupancy and use includes authority to forbid either or both, 

 and to permit the same upon terms and conditions ? including payment of charges, 

 especially where the statutes provide for the disposition of the moneys received. (22 

 Op. Atty. Gen., 266; 25 id., 470; 26 id., 421; United States v. Grimaud, 220 U. S., 506.) 



3 Congress itself having provided criminal penalties for violation of the regulations, 

 the act is not unconstitutional as an attempt to delegate legislative powers. (United 

 States v. Grimaud, 220 U. S., 506; Light v. United States, 220 U. S., 523.) 



4 By act of Mar. 4, 1907, p. 60, post, the Secretary of Agriculture is given authority 

 to permit export of timber except from the Black Hills National Forest in South 



