8 NATIONAL FOREST MANUAL LAWS. 



shall not, by reason of the establishment thereof, lose its jurisdiction, 

 nor the inhabitants thereof their rights and privileges as citizens, or be 

 absolved from their duties as citizens of the State. 



Waters. All waters on such reservations may be used for domestic, mining, 



milling, or irrigation purposes, under the laws of the State wherein 



such forest reservations are situated, or under the laws of the United 



States and the rules and regulations established thereunder. 1 



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



topublicdomS? a PP roval 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 appointed 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 



Mineral lands any mineral lands in any forest reservation which have been or which 



andentry a may . be snown to be sucll > and subject to entry under the existing 

 mining laws of the United States and the rules and regulations apply- 

 ing thereto, shall continue to be subject to such location and entry, 

 notwithstanding any provisions herein contained. 



Act of June 25, 1910 (36 Stat., 847), to authorize the President of the United States to make 

 withdrawals of public lands in certain cases. 



Temporary That the President may, at any time in his discretion, temporarily 

 Presided withdraw from settlement, location, sale, or entry any of the public 



lands of the United States including the District of Alaska and reserve^ 

 the same for water-power sites, irrigation, classification of lands, or 

 other public purposes to be specified in the orders of withdrawals, 

 and such withdrawals or reservations shall remain in force until 

 revoked by him or by an act of Congress. 2 



Mineral expio- SEC. 2 [as amended by the act of Aug. 24, 1912, 37 Stat., 4971. 

 smon. aCqm " That all lands withdrawn under the provisions of this act shall at all 

 times be open to exploration, discovery, occupation, and purchase 

 under the mining laws of the United States, so far as the same apply 

 to metalliferous minerals: Provided, That the rights of any person 

 who, at the date of any order of withdrawal heretofore or hereafter 

 made, is a bona fide occupant or claimant of oil or gas bearing lands 

 and who, at such date, is in the diligent prosecution of work leading 

 to the discovery of oil or gas, shall not be affected or impaired by such 

 order so long as such occupant or claimant shall continue in diligent 

 prosecution of said work: Provided further, That this act shall not be 

 construed as a recognition, abridgment, or enlargement of any asserted 

 rights or claims initiated upon any oil or gas bearing lands after any 

 withdrawal of such lands made prior to June twenty-fifth, nineteen 

 tleme^ a e U x d ce S pt hundred and ten: And provided further, That there shall be excepted 

 cd. " from the force and effect of any withdrawal made under the provi- 



1 Waters flowing over the public domain in natural channels are not the property of 

 the United States or subject to its control or disposition. They are publici juris and 

 are subject, under the Constitution, to the jurisdiction and control of the States, except 

 for purposes of commerce and navigation. The Government can acquire a right to 

 then: use for purposes other than navigation only by appropriating them under the 

 provisions of State laws. (1 Sol. Op., 590.) 



Where, however, the Government, by a treaty made prior to the admission of the 

 State into the Union, has reserved certain waters for the use of an Indian tribe, there 

 is no power in the State to divert them from such uses. (Winters v. United States, 207 



Nor can a State, even upon the nonnavigable portions of a stream, authorize any uses 

 which will impair the navigability of the navigable portions. (United States v. Rio 

 Grande Irrigation Co., 174 U. S., 690.) 



The waters of mineral, medicinal, and saline springs on the public domain are under 

 the sole control of the United States, as a landowner, and are not subject to appropria- 

 tion under State laws or to the riparian right to continued flow. (2 Sol. Op., 951.) 



2 This act confers upon the President power to withdraw National Forest lands for 

 the purposes therein stated. " Public lands," as used therein, includes National Forest 

 lands. (Informal opinion of Attorney General to Secretary of Agriculture of Nov. 23, 



1910.) 



The Secretary of Agriculture has no authority to issue a power permit affecting 

 National Forest lands withdrawn under this act for a power site (2 Sol. Op., 817); nor 

 can he make leases, under the act of Feb. 28, 1899, or authorize other uses of lands simi- 

 larly withdrawn around mineral and medicinal springs in Alaska. (2 Sol. Op., 870.) 



