United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

. (page 127 of 150)
Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 127 of 150)
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Alaska. They are set forth ante, || 5079-5082.

Section 15 reserred certain iriands in Alaslca for the Indians. It is omit-
ted as locaL

Section 16 delated to town-site entries on mineral lands, and is set forth ante,
§4799.

Section 17 restricted locations of reserroir sites on the public lands. It is
set forth ante, § 4698.

Sections 18-21 granted rights of way throu^ the public lands for canals,
ditches, etc. They are set forth ante, §§ 4934-4987.

Sections 22 and 23 were local In their nature, and are omitted.

Section 24 authorised the President to set apart forest reserrations. It is
set forth post, f 5121.

EVIDENCES OP TITLE

(R. S. §§ 2469, 2470. Transferred to Title XI, Chapter 3.)
R. S. § 2469, required the Commissioner of the General Land-Office to oertify
copies -of records, books, and papers on file in his office, to be used in eridence,
and R. S. f 2470, provided that literal exemplifications of such records granted
in virtue of said preceding section should be deemed of the same validity in
all proceedings at law or in equity as If the names of the officers sicning and
countersigning the same had been fully inserted in such record. Both sec-
tions are placed, with subsequent provisions for the authentication and cer-
tification of such copies by the Recorder, as well as by the Commiasioner of
the General Land Office, under Title XI, ''The Department of the Interior,**
chapter 8, **The General Land Office," ante, H 700, 710.

§ 5117. (R. S. § 2471.) The false making, altering, etc^ of any
instrument m writing, etc., concerning lands, etc^ in Califor-
nia; penalty.
Every person who falsely makes, alters, forges, or counterfeits,
or causes or procures to be falsely made, altered, forged, or counter-
feited; or willingly aids and assists in the false making, altering,
forging, or counterfeiting any petition, certificate, order, report, de-
cree, concession, denouncement, deed, patent, confirmation, disefio,
map, expediente or part of an expediente, or any title-paper, or evi-
dence of right, title, or claim to lands, mines, or minerals in Cali-
fornia, or any instrument of writing whatever in relation to lands or
mines or minerals in the State of California, for the purpose of setting
up or establishing against the United States any claim, right, or title
to lands, mines, or minerals within the State of California, or for the
purpose of enabling any person to set up or establish any such claim ;
and every person, who, for such purpose, utters or publishes as true
and genuine any such false, forged, altered, or counterfeited petition,
certificate, order, report, decree, concession, denouncement, deed, pat-
ent, confirmation, diseno, map, expediente or part of an expediente,
title-paper, evidence of right, title, or claim to lands or mines or
minerals in the State of California, or any instrument of writing what-
ever in relation to lands or mines or minerals in the State of Cali-
fornia, shall be punishable by imprisonment at hard labor not less
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Ch. 11) THE PUBLIC LANDS § 5119

than three years and not more than ten years, and by a fine of not
more than ten thousand dollars.

Act May 18, 1858, c 40, f 1, 11 Stat 290.

Removinff without authority, or altering, etc., records In the aorreyor-gen-
eral's office in California, and depositing fraudulent papers among the ar-
chives of the office, were poade punishahle by R. S. §i 5411, 5412. Those sec-
tions were not incorporated into the Criminal Code, with other penal provisions
apparently because regarded as obsolete.

§ 5118. (R. S. § 2472.) Falsely datin|r any evidence of title under
Mexican authority, etc., to lands in California ; penalty.
Every person who makto, or causes or procures to be made, or
willingly aids and assists in making any falsely dated petition, cer-
tificate, order, report, decree, concession, denouncement, deed, patent,
confirmation, disefio, map, expediente or part of an expediente, or any
title-paper, or written evidence of right, title, or claim, under Mexican
authority, to any lands, mines, or minerals in the State of California,
or any instrument of writing in relation to lands or mines or minerals
in the State of California, having a false date, or falsely purporting to
be made by any Mexican officer or authority prior to the seventh day
of July, eighteen hundred and forty-six, for the purpose of setting up or
establishing any claim against the United States to lands or mines or
minerals within the State of California, or of enabling any person to
set up or establish any such claim; and every person who sig^s his
name as governor, secretary, or other public officer acting imder
Mexican authority, to any instrument of writing falsely purporting
to be a grant, concession, or denouncement under Mexican authority,
and during its existence in California, of lands, mines, or minerals,
or falsely purporting to be an informe, report, record, confirmation,
or other proceeding on an application for a grant, concession, or de-
nouncement under Mexican authority, during its existence in Cali-
fornia, of lands, mines, or minerals, shall be punishable as prescribed
in the preceding section.

Act May 18, 1858, c. 40, i 2, 11 Stat. 291.
See note to B. S. S 2471, ante, f 5117.

§ 5119. (R. S. § 2473.) Presenting false or counterfeited evidenc-
es of title, etc., to lands in California, and prosecuting suits
thereon; penalty.
Every person who, for the purpose of settifig up or establishing
any claim against the United States to lands, mines, or minerals within
the State of California, presents, or causes or procures to be presented,
before any court, judge, commission, or commissioner, or other offi-
cer of the United States, any false, forged, altered, or counterfeited
petition, certificate, order, report, decree, concession, denouncement,
deed, patent, disefio, map, expediente or part of an expediente, title-
paper, or written evidence of right, title, or claim to lands, minerals,
or mines in the State of California, knowing the same to be false,
forged, altered, or counterfeited, or any falsely dated petition, certifi-
cate, order, report, decree, concession, denouncement, deed, patent,
confirmation, disefio, map, expediente or part of an expediente, title-
paper, or written evidence of right, title, or claim to lands^ mines, or

(2139)



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§ 6119 THB PUBUC LANDS (Ttt 82

minerals in California, knowing the same to be falsely dated; and
every person who prosecutes in any court of the United States, by
appeal or otherwise, any claim against the United * States for lands,
mines, or minerals in California, which claim is founded upon, or evi-
denced by, any petition, certificate, order, report, decree, concession,
denouncement, deed, patent, confirmation, diseno, map, expediente
or part of an expediente, title-paper, or written evidence of right, title,
or claim, which has been forged, altered, counterfeited, or falsely
dated, knowing the same to be forged, altered, counterfeited, or falsely
dated, shall be punishable as prescribed in section twenty-four hun-
dred and seventy-one.

Act May 18, 1858, c 40, | 8, 11 Stat 291.

See note to R. S. | 2471, ante, i 5117.

ENFORCEMENT OF PROVISIONS

(R. S. §§ 2474, 2475. Transferred to Title XXXII B.)
R. S. § 2474, eetabliahed and defined the boondaries of the YeUowttone
Park, and R. S. f 2475, placed the park under exclosiye control of the Sec-
retary of the Interior, and authorised regulationa by him for ita protection,
removal of treapaasers, etc. Both theae eectiona are placed with aubsequent
proYiaiona relatinsr to said park, and provisions relating to other parka, etc^
onder Title XXXII B, **The National Parka, Reaervationa, and Monuments,"
If 5188, 5189.

(R S. §§ 2476, 2477. Transferred to Chapter IOC.)
R. S. i 2476, provided that navigable rivers, within the territory occnpied
by the public lands, shoold be pnblic highways. R. S. f 2477, granted rigbu
of way for highways over public lands. Both these sections were placed, with
subsequent provisions relating to such rights of way, ante, under chapter IOC
of this Title, **Rights of Way and Other Easements in Public Lands," |f 4918,
4919.

§ 5120. (R. S. § 2478.) Power of Commissioner of Land-OfiBcc
to enforce this Title.
The Commissioner of the General Land-Office, under the direc-
tion of the Secretary of the Interior, is authorized to enforce and
carry into execution, by appropriate regulations, every part of the
provisions of this Title not otherwise specially provided for.

(R. S. §§ 2479-2484. Transferred to Chapter lOD.)
It S. i 2479, granted to the several States, with some exceptions, the swamp
and overflowed lands therein; and R. S. IS 2480-2484, provided for the se-
lection, location, etc, of such lands, and the issue of patents therefor. All
these sections are placed with subsequent provisions relating to the lands
BO granted, ante, nnder chapter lOD of this Title, ''Swamp and Overflowed
Lands,*' §i 4958-4968.

(R. S. §§ 2485-2487. Transferred to Chapter lOA.)
R. S. Si 2485-2487, confirmed to the State of GaUfomU aU selections of
landa by that SUte made prior to July 23, 1866, and theretofore sold by the
State to bona fide porchasers. These sections are placed, with other provinions
relating to grants to States, etc., ante, under chapter lOA of this Title, ''Res-
errationa and Grants to States for Public Purposes,** H 4878-4880.

(R. S. § 2488. Transferred to Chapter lOD.)
R. S. f 2488» made special provisions for certifying to the State of Gbli-
lomia swamp and overflowed lands in certain cases. It is placed, with R. 8.

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Ch. 11) THE PUBUC LANDS

SI 2479-2484, relating to grants of such lands, ante, under chapter lOD of this
Title, **Swainp and Overflowed Lands," | 4964.

(R. S. § 2489. Temporary.)
R. S. I 2489, incorporated the provisions of Act July 23, 1866, c 219, | 5,
14 Stat. 220, requiring the local land offices in California immediately to for-
ward lists of selections made by the State under swamp land and other grants,
to the General Land Office for final disposition and determination, which
final disposition should be made by the Commissioner of the General Land
Office without delay. The section is omitted as temporary merely, and ex-
ecuted.

(R. S. § 2490. Transferred to Chapter lOD.)
R. S. I 2490, extended the provisions of the Swamp Land Act of Sept 28,
1850, c. 84, 9 Stat. 520, to the States of Minnesota and Oregon. It is placed,
with R. S. S§ 2479-2484, in which said Swamp Land Act was incorporated,
ante, under Chapter lOD of this Titie, "Swamp and Overflowed Lands,*' §
4966.

(2U1)



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Title XXXII A

THE NATIONAL FORESTS



This title, inserted here u additional to the original titles of the BeTiaed
Statutes, includes Act March 8, 1891, c. 561, S 24, Act June 4, 1887, c 2, |
1, and subsequent acta amendatory thereof or supplemental thereto, relating
to the reservation of public lands to protect the forests, secure favorable condi-
tions of water flows, and furnish a continuous supply of timber, and to the
management and administration of the lands so reserved. These reservations
were originally termed Forest Reserves, or Forest Reservations, but by Act
March 4, 1907, c 2907, 84 Stat 1209, thereafter forest reserves were to be
known as National Forests.

This title also includes Act March 1, 1911, c. 186, authorising co-operation
between the States, or between the several States and the United States, for
the protection of the watersheds of navigable streams, and providing for a
National Forest Reservation Commission to recommend the purchase of lands
needed as National Forests for the protection of such watersheds.



«ee.

6121.

5122.

5123.



5124.
5125.

5126.

5127.
5128.

5129.

5130.
5131.

5132.
5133.

5134.

5135.



5186.



Establishment of forest reserves
Forest reserves to be known as
national forests.

(1) Revocation of orders or proc-
lamations establishing forest
reserves.

(2) Surveys; plats and field notes;
maps.

(3) Purposes for which forest re-
serves may be established and
administered.

(4) Protection of forest reserves;
rules and regulations therefor.

(5) Sale of timber.

(6) Use of timber and stone by
settlers.

(7) Egress or ingress of actual
settlers; prospecting.

(9) Sites for schools and churches.

(10) Civil and criminal jurisdic-
tion.

(11) Use of waters.

(12) Blineral lands; restoration to
public domain; location and

. entry.

Modification or vacation of exec-
utive orders; reduction of area;
change of boundaries.

No forest reserves to be created,
and no additions thereto to be
made hereafter, within certain
states, except by act of Ck>n-
gress.

Establishment of exterior bound-
aries of forest reserves.

(2142)



eee.-

5137. Sale of mature, dead, and down

timber to settlers for domestic
use.

5138. Export of timber and otfasr for-

est products.

5139. Calaveras Bigtree National For-

est; purposes for which to be
held and administered; aaiuisi-
tion of title to lands; reim-
bursement of owners.

5140. Leases of lands in forests for

sanitariums or hotels.

5141. Disposition of funds from leases.

5142. Disposition of money received

from sale of products or use
of land, etc.

5143. Special fund from money receiv-

ed from sale of products, etc.,
continued; estimates of expen-
ditures to be submitted in an-
nual Book of Estimates.

5144. Sales of timber on forest reserves

in California to conform to law
governing such sales in other
states.

5145. Disposal of contributions toward

co-operative work in forest in-
vestigations.

5146. Disposal of money received by or

on account of Forest Service;
refund to depositors of exccsai
deposited.

5147. Amendment of Act March 4«

1907, c 2907; refund of mon-
eys erroneously collected for



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Tit 32a)



THB NATIONAL FORESTS



Sec.

use, etc., of lands within bat
not part of national forests;
report of amounts.

5148. Reimbnrsement to owners of

horses, etc., damaged or de-
stroyed while fire-fiffhting^ trail
building, etc.

5149. Payment of part of money re-

ceived from each forest reserve
to State or Territory fw pub-
lic schools and public roads.

6160. Additional expenditures from re-

ceipts for construction and
maintenance of roads and
trails; co-operation with State
authorities.

6161. Free use of timber for telephone

lines needed for fire protection.

6152. Forest supervisors and rangers;
selection.

5163. Arrests for violations of laws and
regulations relating to forest
reserves and national parks,
aud proceedings thereon.

6154. Officials of Forest Service to aid

in enforcement of local laws
for certain purposes, and to aid
other federal bureaus and de-
partments in the performance
of their duties.

6155. Leaves of absence to employ^ of

the Forest Service in Alaska.
5166. Areas in Wichita Forest Reserve
to be set aside for protection as
breeding place for game ani-
mals and birds.

5157. Hunting, trapping, killing, or

capturing game animals or
birds, within areas set aside,
unlawful; penalty.

5158. Operation of local game laws as

to private. State, or Territorial
lands, not affected by this act.

5159. Areas in Grand Canyon Forest

Reserve to be set aside for pro-
tection of game animals as
breeding place therefor.

5160. Hunting, trapping, killing, or

capturing game animals, within
areas set aside, unlawful; pen-
alty.

5161. Operation of local game laws as

to private, State or Territorial
lands, not affected by this act.

5162. Agricultural lands within forest

reserves to be opened to home-
stead entry; preference rights
of former settlers and of appli-
cants; plats and field notes to
be filed and posted; surveys;
commutation provisions not to



Sec

apply; credit for actual resi-
dence.

5168. Amendment of Act June 11^
1906, c. 3074, § 1; exception
from provisions of certain coun-
ties of California stricken out.

5164. Land not to pass from forest un-
til patent issues.

6165. Additional homestead right of en-
try to former settlers; pay-
ment of price of lands required.

5166. Entries in Black Hills Forest
Reserve subject to mining laws
and to appropriation of wa-
ters; limitation of title acquir-
ed as to riparian rights.

6167. Homestead settlements or entriea
not allowed in certain portion
of Black Hills Forest Reserve^
except to give title to former
settlers.

5168. Certain townships excepted from
provisions of section 4 of act
providing for entry of agricul-
tural lands.

6169. Certain other townships excepted

from provisions 'Of section 4 of
act providing for entry of ag-
ricultural lands.

6170. Act not to be construed to au-

thorize future settlements on
lands within forest reserves, or
to impair rights of former bona
fide settlers.

6171. Reinstatement of entries cancel-

ed or relinquished because of
erroneous allowance after with-
drawal of land for national for-
est purposes.

6172. Contestants prior to withdrawal

of land for national forest pur-
poses authorized to exercise
preference right to enter.

6173. Segregation of lands for home-

stead entry; surveys, plats and
field notes of agricultural lands
to be made by employ^ of the
Forest Service.

5174. Consent to agreement by Statea
for conservation of forests and
water supply.

6175. Appropriation for co-operation
with States for protection from
fire of forested watersheds of
navigable streams; agreementa
with States for system of fire
protection; State law required;
limitation of expenditure.

5176. Appropriations for examination,
survey, and acquirement of

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§ 6121



THB NATIONAL FORBSTS



(Tit 32a



8«e.

landil on iMadwaten of nafiga-
ble streams.

5177. National Forest Beservatioo

Commissioii; creation and com-
position; anthority as to pur-
chase of lands under act; senr-
ice of members; Tacandes.

5178. Annual reports of Commission*

5179. Examination, etc., of lands for

purchase and report by Secre-
tary of Agriculture; examina-
tion and report by Geological
Survey.

5180. Purchase of lands approved by

Commission; consent of State.

5181. mtle to lands to be acquired.

5182. Acquisition of lands not defeated

by rights of way, easements
and reservations which will not
interfere with purposes of this
act; rights of way, etc., to be
subject to rules and regula-
tions.



Sec

5188. Agricoltoial lands iaehidfd ta
tracts acquired; sale as home-
steads; jurisdictioB of lands
sold to rtvert to state; no
rights, etc, to lands acquired,
waters thereon, etc^ eicept as
provided in this s e c tioo.

6184. Lands acquired to be reserved,
etc, as nstional f o r es t lands;
division into and destgaatioa,
as specific national forests.

5185. State jurisdiction oiver persons

on lands acquired not alEected,
except as to punishment of of-
fenses against United States.

5186. Payment of 5 per cent oi re-

ceipts from each national for-
est to State for benefit of coun-
ty public schools and roads;
limitation of payment for any
one county.

5187. Appropriation for expokses of

Commission; payments.



§ 5121. (Act March 3, 1891, c. 561, § 24.) Establishmeiit of for-
est reserves.

The President of the United States may, from time to time, set
apart and reserve, in any State or Territory having public land
bearing forests, in any part of the public lands wholly or in part cov-
ered with timber or undergrowth, whether of commercial value or
not, as public reservations, and the President shall, by public proclama-
tion, declare the establishment of such reservations and the limits
thereof. (26 Stat. 1103.)

This section was part of the act to repeal the timber-coltnre laws, dted
above. Other sections of the act are set forth or referred to ante, f 5116.

This section was expressly excepted from repeal by Act Aug. 4, 1892, e. 875,
f 3, ante, i 4634. Section 1 of said act, ante, | 4633, proTided for the entry
of boilding-stone lands in accordance with the provisions of the plaoer-mining
laws. Section 2, ante, | 4671, provided for the sale of timber and stooa lands.
The President was authorized to revolve, modify, or suspend execotlTe orders
and proclamations designating forest reserves, by provisions of Act Jnne 4,
1897. c. 2, I 1 (1), post, i 5123.

Before the passage of this section certain tracts of land in the State of
California had been set apart as reserved forest lands, by Act Oct. 1, 1890,
c 1263, post, 8§ 5209-521L And certain lands were segregated from Tose-
mite National Park, and were also set apart as reserved forest lands, by Act
Feb. 7, 1905, c. 547, post, §S 5212, 5213, and by Res. June 11, 1906, No. 27,
post, U 5214-5216, accepting the recession by the SUte of California of the
Yosemite Valley and the Mariposa Big Tree Grove, and setting apart said
tracts and other lands as reserved forest lands.

Numerous special provisions for the disposition of Indian reservation lands
either set apart a portion of such lands as a national forest, as tbongii set
apart by proclamation of the President under this section, and sobseqoent
laws amending and supplementing the same, or authorised the President to
set apart a portion thereof, as he might deem proper, to constitute a national
forest or to be added to such a forest already existing.

A national forest in the state of Minnesota was created by Act May 23,
1908. c. 193, 35 Stat 208.
By provision of Act March 4, 1907, c 2907, post, | 5122, no national forasl
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}



Tit 32a) thb national forests § 6128

is to be created thereafter, nor are any additions to be made to one theretofore
created, in the States of Oregon, Washington, Idaho, Montana, Ck)lorado, or
Wyoming, except by act of Congress.

The Secretary of Agriculture is to execute, or cause to be executed, all
laws affecting public lands reserved under this section, and acts supplemental
to and amendatory thereof, after such lands have been so reserved, except
such laws as affect the surveying, etc., entering, etc., or patenting of any of
such lands, by Act Feb. 1, 1906, c 288, 8 1, ante, | 823. The supervision
of the national forests was thereby transferred from the Secretary of the In-
terior to the Secretary of Agriculture.

Agricultural lands within national forests may be opened to homestead en-
try, by Act June 11, 1906, c. 8074, f 1, post, | 5162.

Provisions for protection of wild animals and birds in certain national forests
were made by Act Jan. 24, 1905, c. 137, and Act June 29, 1906, c. 3593, post,
H 5154-5161. And provisions for protection of birds and their eggs on lands
set apart or reserved as breeding grounds for birds were made by Act June 28,
1906, c 3565, and were incorporated into the Criminal Code, in section 84
thereof, post, f 10252.

§ 5122. (Act March 4, 1907, c. 2907.) Forest reserves to be known
as national forests.

General Expenses, Forest Service: To enable the Secretary of
Agriculture to experiment and to make and continue investigations
and report on forestry, forest reserves, which shall be known here- '
after as national forests, * * (34 Stat. 1269.)

This was a provision of the agricultural appropriation act for "General Ex-
penses, Forest Service," for the fiscal year 1908» cited above.

§ 5123. (Act June 4, 1897, c. 2, § 1.) (1) Revocation of orders or
proclamations establishing forest reserves.
For the survey of the public lands that have been or may here-
after be designated as forest reserves by Executive proclamation, un-
der section twenty-four of the Act of Congress approved March
third, eighteen hundred and ninety-one, entitled "An Act to repeal
timber-culture laws, and for other purposes," and including public lands
adjacent thereto, which may be designated for survey by the Sec-
retary of the Interior, one hundred and fifty thousand dollars, to be
immediately available: Provided, That, to remove any doubt which
may exist pertaining to the authority of the President thereunto, the
President of the United States is hereby authorized and empowered
to revoke, modify, or suspend any and all such Executive orders and
proclamations, or any part thereof, from time to time as he shall
deem best for the public interests: Provided, That the Executive
orders and proclamations dated February twenty-second, eighteen
hundred and ninety-seven, setting apart and reserving certain lands
in the States of Wyoming, Utah, Montana, Washington, Idaho, and



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 127 of 150)