126 LAWS APPLICABLE TO THE NATIONAL FOKESTS. 



Where it is found that money has been collected in excess of the 

 sum properly assessable for cutting timber on National Forest land, 

 the excess may be refunded as " erroneously collected for the use of 

 any lands." (Case of Lopez, Comp. Dec, Dec. 27, 1911.) 



Money collected under a timber-sale contract for timber supposed 

 to have been cut from National Forest land, but afterwards found 

 to have been cut from private land, may be refunded to the owner 

 of the land under the amending act. (2 Sol. Op., 743.) 



No refund can be made to a special-use pasture permittee for de- 

 privation of use by a mere trespasser who removes his fence and 

 grazes part of the land. (1 Sol. Op., 662.) 



Unliquidated damages due on account of a trespass can not be set 

 off against moneys in the hands of the Government which should be 

 refunded under the act of March 4, 1907. (2 Sol. Op., 355.) 



Purchase of land, and rights of way. 



In view of section 3736 of the Revised Statutes, providing that 

 no land shall be purchased on account of the United States except 

 under a law authorizing such purchase, held, that an appropriation 

 authorizing the Secretary of Agriculture "to erect necessary build- 

 ings " does not imply authority to purchase lands upon which to erect 

 such buildings. (Solicitor's opinion in Mink Creek Ranger Station 

 case, dated Nov. 17, 1914.) 



In view of the long-continued practice of the Department of Agri- 

 culture in using appropriations for the construction and maintenance 

 of roads, trails, etc., for the acquisition of rights of way necessary 

 in the construction of such roads, the assumption is justified that 

 Congress made the appropriations with knoAvledge that the roads 

 were to be constructed over privately owned lands, and it was the 

 intention of Congress, in making the appropriations, to authorize 

 the acquisition of such necessarv rights of way. (Mss. Dec. Comp., 

 Nov. 9, 1915; see also 2 Sol. Op., 973; 21 Comp. Dec, 326.) 



The word " purchase," as used in section 3736 of the Revised Stat- 

 utes, will not operate to prohibit the acceptance by the United States 

 of a gift of real property. (2 Sol. Op., 991.) 



Acceptance by the United States of a grant of realty upon a con- 

 sideration of $1 is not a purchase within the meaning of section 3736 

 of the Revised Statutes. (2 Sol. Op., 991.) 



Reimbursement for property lost, damaged, or destroyed. 



Reimbursement can not be made to a Government employee who at 

 his own expense replaces equipment belonging to another which has 

 been "lost, damaged, or destroyed." The act of March 4, 1913 (37 

 Stat., 843), provides for the reimbursement of the " owners " of such 

 property. (Sol. Op., Nov. 12, 1914.) 



The act of March 4, 1913, supra, is broad enough in its terms to 

 permit of reimbursement for the loss of an animal, resulting from 

 sickness or disease, if the loss occurred while the animal was being- 

 used by the Government and as an incident to such use. (Sol. Op., 

 Nov. 2, 1914.) 



The act of March 4, 1913, supra, vests the Secretary of Agriculture 

 with authority to determine whether the loss of, or damage to. the 

 property for which reimbursement is sought resulted " while it was 



