Organic Act of 1897

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Revision of 36 CFR 228, Subpart A - Locatable Minerals

Organic Act of 1897

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ORGANIC ACT OF 1897 [PUBLIC--No.2.]
AN ACT making appropriations for sundry civil expenses of the Government for the
fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the following sums be, and the same are hereby,
appropriated, for the object hereinafter expressed, for the fiscal year ending June thirtieth,
eighteen hundred and ninety-eight, namely:

For the survey of the public lands that have been or may hereafter be designated as forest
reserves by Executive proclamation, under 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 Secretary 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 public lands in the States of Wyoming, Utah, Montana,
Washington, Idaho, and South Dakota as forest reservations, be, and they are hereby,
suspended, and the lands embraced therein restored to the public domain the same as
though said orders and proclamations had not been issued: Provided further, That lands
embraced in such reservations not otherwise disposed of before March first, eighteen
hundred and ninety-eight, shall again become subject to the operations of said orders and
proclamations as now existing or hereafter modified by the President.
The surveys herein provided for shall be made, under the supervision of the Director of
the Geological Survey, by such person of persons as may be employed by or under him
for that purpose, and shall be executed under instructions issued by the Secretary of the
Interior; and if subdivision surveys shall be found to be necessary, they shall be executed
under the rectangular system, as now provided by law. The plats and field notes prepared
shall be approved and certified to by the Director of the Geological Survey, and two
copies of the field notes shall be returned, one for the files in the United States surveyorgeneral's office of the State in which the reserve is situated, the other in the General Land
Office; and twenty photolithographic copies of the plats shall be returned, one copy for
the files in the United States surveyor-general's office of the State in which the reserve is
situated; the original plat and the other copies shall be filed in the General Land Office,
and shall have the facsimile signature of the Director of the Survey attached.

Such surveys, filed notes, and plats thus returned shall have the same legal force and
effect as heretofore given the surveys, field notes, and plats returned through the
surveyors-general; and such surveys, which include subdivision surveys under the
rectangular system, shall be approved by the Commissioner of the General Land Office
as in other cases, and properly certified copies thereof shall be held in the respective land
offices of the district in which such lands are situated, as in other cases. All laws
inconsistent with the provisions hereof are hereby declared inoperative as respects such
survey: Provided, however, That a copy of every topographic map and other maps
showing the distribution of the forests, together with such field notes as may be taken
relating thereto, shell be certified thereto by the Director of the Survey and filed in the
General Land Office.
All public lands heretofore designated and reserved by the President of the United States
under the provisions of the Act approved March third, eighteen hundred and ninety-one,
the orders for which shall be and remains in full force and effect, unsuspended and
unrevoked, and all public lands that may hereafter be set aside as public forest reserves
under said act, shall be as far as practicable controlled and administered in accordance
with the following provisions:
No public forest reservation shall be established, except to improve and protect the forest
within the reservation, or for the purpose of securing favorable conditions of water flows,
and to furnish a continuous 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 agricultural purposes, than for forest purposes.
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 said Act of March third,
eighteen hundred and ninety-one, and which may be continued; and he may make such
rules and regulations and establish such service as will insure the objects of such
reservations, namely, to regulate their occupancy and use and to preserve the forests
thereon from destruction; and any violation of the provisions of this Act or such rules and
regulations shall be punished as is provided for in the Act of June fourth, eighteen
hundred and eighty-eight of the Revised Statutes of the United States.
For the purpose of preserving the living and growing timber and 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 each purchaser as he shall prescribe, to be
used in the State or Territory in which such timber reservation may be situated,
respectively, but not for export therefrom. Before such sale shall take place, notice
thereof shall be given by the Commissioner of the General Land Office, for not less than
sixty days, by publication in a newspaper of general circulation, published in the county

in which the timber is situated, if any is therein published, and if not, then in a newspaper
of general circulation published nearest to the reservation, and also in a newspaper of
general circulation published at the capital of the State or Territory where such
reservations exists; payments for such timber to be made to the receiver of the local land
office of the district wherein said timber may be sold, under such rules and regulations as
the Secretary of the Interior may prescribe; and the moneys arising therefrom shall be
accounted for by the receiver of such land office to the Commissioner of the General
Land Office, in a separate account, and shall be covered into the Treasury. Such timber,
before being sold, shall be marked and designated and shall be cut and removed under the
supervision of some person appointed for that purpose by the Secretary of the Interior,
not interested in the purchase or removal of such timber nor in the employment of the
purchaser thereof. Such supervisor shall make report in writing to the Commissioner of
the General Land Office and to the receiver in the land office in which such reservation
shall be located of his doings in the premises.
The Secretary of the Interior may permit, under regulations to be prescribed by him, the
use of timber and stone found upon such reservations, free of charge, by bona fide
settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings,
mining, prospecting, and other domestic purposes, as may be needed by such persons for
such purposes; such timber to be used within the State or Territory, respectively, where
such reservations may be located.
Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers
residing within the boundaries of such reservations, or from crossing the same to and
from their property or homes; and such wagon roads and other improvements may be
constructed thereon as may be necessary to reach their homes and to utilize their property
under such rules and regulations as may be prescribed by the Secretary of the Interior.
Nor shall anything herein prohibit any person from 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.
That in cases in which a tract covered by an unperfected bona fide claim or by a patent is
included within the limits of a public forest reservation, the settler or owner thereof may,
if he desires to do so, relinquish the tract to the Government, and may select in lieu
thereof a tract of vacant land open to settlement not exceeding the area the tract covered
by his claim or patent; and no charge shall be made in such cases for making the entry of
record or issuing the patent to cover the tract selected: Provided further, That in cases of
unperfected claims the requirements of the laws respecting settlement, residence,
improvements, and so forth, are complied with on the new claims, credit being allowed
for the time spent on the relinquished claims.
The settlers residing within the exterior boundaries of such forest reservations, or in the
vicinity thereof, may maintain schools and churches within such reservations, and for that
purpose may occupy any part of said forest reservation, not exceeding two acres for each
schoolhouse and one acre for a church.

The jurisdiction, both civil and criminal, over persons within such reservations shall not
be affected or changed by reason of the existence of such reservations, except so far as
the punishment of offenses against the United States therein is concerned; the intent and
meaning of this provision being that the State wherein any such reservation is situated
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.
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.
Upon the recommendation of the Secretary of the Interior, with the approval 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 the
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
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 any provisions herein contained.
The President is hereby authorized at any time to modify any Executive order that has
been or may hereafter be made establishing any forest reserve, and by such modification
may reduce the area or change the boundary lines of such reserve, or may vacate
altogether any order creating such reserve.
Approved, June 4, 1897.

RULES AND REGULATIONS
GOVERNING
FOREST RESERVES
Established Under Section 24
OF THE
ACT OF MARCH 3, 1891.
(26 STATS., 1095.)
WASHINGTON:
GOVERNMENT PRINTING OFFICE.

1897.
CIRCULAR P.
DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE.
Washington, D. C., June 30, 1897.
1. Under the authority vested in the Secretary of the Interior by the act of Congress,
approved June 4, 1897, entitled "An act making appropriations for sundry civil expenses
of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninetyeight, and for other purposes," to make such rules and regulations and establish such
service as will insure the objects for which forest reservations are created under section
24 of the act of March 3, 1891 (26 Stat., 1095), the following rules and regulations are
hereby prescribed and promulgated:

OBJECT OF FOREST RESERVATIONS.
2. Public forest reservations are established to protect and improve the forests for the
purpose of securing a permanent supply of timber for the people and insuring conditions
favorable to continuous water flow.
3. It is the intention to exclude from these reservations, 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 boundaries of a reservation, they may be
restored to settlement, location, and entry.

PENALTIES FOR VIOLATION OF LAWS AND REGULATIONS.
4. The law under which these regulations are made provides, that any violation of the
provisions thereof, or of any rules and regulations thereunder, shall be punished as is
provided for in the act of June 1, 1888 (25 Stat., 166), amending section 5388 of the
Revised Statutes, which reads as follows:
That section fifty-three hundred and eighty-eight of the Revised Statutes of the United
States be amended so as to read as follows: "Every person who unlawfully cuts, or aids or
is employed in unlawfully cutting, or wantonly destroys or procures to be wantonly
destroyed, any timber standing upon the land of the United States which, in pursuance of
law, may be reserved or purchased for military or other purposes, or upon any Indian
reservation, or lands belonging to or occupied by any tribe of Indians under authority of
the United States, shall pay a fine of not more than five hundred dollars or be imprisoned
not more than twelve months, or both, in the discretion of the court."
This provision is additional to the penalties now existing in respect to punishment for
depredations on the public timber. The Government has, also, all the common-law civil
remedies, whether for the prevention or redress of injuries, which individuals possess.

5. The act of February 24, 1897 (29 Stat., 594), entitled "An act to prevent forest fires on
the public domain," provides,
That any person who shall wilfully or maliciously set on fire, or cause to be set on fire,
any timber, underbrush, or grass upon the public domain, or shall carelessly or
negligently leave or suffer fire to burn unattended near any timber or other inflammable
material, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any
district court of the United States having jurisdiction of the same, shall be fined in a sum
not more than five thousand dollars or be imprisoned for a term of not more than two
years, or both.
SEC. 2. That any person who shall build a camp fire, or other fire, in or near any forest,
timber, or other inflammable material upon the public domain, shall, before breaking
camp or leaving said fire, totally extinguish the same. Any person failing to do so shall be
deemed guilty of a misdemeanor, and, upon conviction thereof in any district court of the
United States having jurisdiction of the same, shall be fined in a sum not more than one
thousand dollars, or be imprisoned for a term of not more than one year, or both.
SEC. 3. That in all cases arising under this act the fines collected shall be paid into the
public school fund of the county in which the lands where the offense was committed are
situate.
Large areas of the public forests are annually destroyed by fire, originating in many
instances through the carelessness of prospectors, campers, hunters, sheep herders, and
others, while in some cases the fires are started with malicious intent. So great is the
importance of protecting forest from fire, that this Department will make special effort
for the enforcement of the law against all persons guilty of starting or causing the spread
of forest fires in the reservations in violation of the above provisions.
6. The law of June 4, 1897, for forest reserve regulations also provides, that
The jurisdiction, both civil and criminal, over persons within such reservations shall not
be affected or changed by reason of the existence of such reservations, except so far as
the punishment of offenses against the United States therein is concerned; the intent and
meaning of this provision being that the State wherein any such reservation is situated
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.

PUBLIC AND PRIVATE USES.
7. It is further provided, that
Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers
residing within the boundaries of such reservations, or from crossing the same to and
from their property or homes; and such wagon roads and other improvements may be

constructed thereon as may be necessary to reach their homes and to utilize their property
under such rules and regulations as may be prescribed by the Secretary of the Interior.
Nor shall anything herein prohibit any person from 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.
The settlers residing within the exterior boundaries of such forest reservations, or in the
vicinity thereof, may maintain schools and churches within such reservation, and for that
purpose may occupy any part of the said forest reservation, not exceeding two acres for
each schoolhouse and one acre for a church.
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.
8. The public is entering, crossing and occupying the reserves, for the purposes
enumerated in the law, are subject to a strict compliance with the rules and regulations
governing the reserves.
9. Private wagon roads and county roads may be constructed over the public lands in the
reserves wherever they may be found necessary or useful, but no rights shall be acquired
in said roads running over the public lands as against the United States. Before public
timber, stone, or other material, can be taken for the construction of such roads,
permission must first be obtained from the Secretary of the Interior. The application for
such privilege should describe the location and direction of the road, its length and width,
the probable quantity of material required, the location of such material, and its estimated
value.
10. The permission to occupy public lands in the reserves for schoolhouses and churches,
as provided for in the law, is merely a privilege, and is subject to any future disposition
that may be made of such tracts by the United States.
11. The right of way in and across forest reservations for irrigating canals, ditches, flumes
and pipes, reservoirs, electric power purposes, and for pipe lines, will be subject to
existing laws and regulations.
12. Under the term "to regulate their occupancy and use", the Secretary of the Interior is
authorized to grant such licenses and privileges, from time to time, as may seem to him
proper and not inconsistent with the objects of the reservations nor incompatible with the
public interests.
13. The pasturing of live stock on the public lands in forest reservations will not be
interfered with, so long as it appears that injury is not being done to the forest growth,
and the rights of others are not thereby jeopardized. The pasturing of sheep is, however,
prohibited in all forest reservations, except those in the States of Oregon and Washington,

for the reason that sheep-grazing has been found injurious to the forest cover, and
therefore of serious consequence in regions where the rainfall is limited. The exception in
favor of the States of Oregon and Washington is made because the continuous moisture
and abundant rain-fall of the Cascade and Pacific Coast ranges make rapid renewal of
herbage and undergrowth possible. Owners of sheep are required to make application to
the Commissioner of the General Land Office for permission to pasture, stating the
number of sheep and location on the reserves where it is desired to graze. Permission will
be refused or revoked whenever it shall appear that sheep are pastured on parts of the
reserves especially liable to injury, or upon and in the vicinity of the Bull Run reserve,
Crater Lake, Mount Hood, Mount Rainier, or other well-known places of public resort or
reservoir supply. Permission will also cease upon proof of neglect as to the care of fires
made by herders, or of the violation by them of any of the forest reserve regulations.

RELINQUISHMENT OF CLAIMS.
14. The law provides that where a tract within a forest reservation is governed by an
unperfected bona fide claim, or by patent, the settler or owner may, if he so desires,
relinquish the tract to the United States and select in lieu thereof a tract of vacant public
land outside of the reservation, open to settlement, not exceeding in area the tract
relinquished. No charge is to be made for placing the new entry of record. This is in
consideration of previous fees and commissions paid. Where the entry is in lieu of an
unperfected one, the necessary fees in the making of final proof and issuance of
certificate will be required. Where the entry is based on an unsurveyed claim, as provided
for in paragraph 17 hereof, all fees and commissions attending entry must be paid, none
having been paid previously.
15. Where an application is made for change of entry under the above provision, it must
be filed in the land office for the district in which the lieu selection lies. The application
must describe the tract selected and the tract covered by the unperfected entry, and must
be accompanied by a formal relinquishment to the United States of all right, title, and
interest in and to the tract embraced in said entry. There must also be filed with the
application an affidavit, corroborated by at least two witnesses cognizant of the facts,
showing the period and length of claimant's residence on his relinquished claim, as credit
for the time spent thereon will be allowed under the new entry in computing the period of
residence required by law. Residence and improvements are requisite on the new entry,
the same as on the old, subject only, in respect to residence, to a deduction of the period
covered by the relinquished entry.
16. Where final certificate or patent has issued, it will be necessary for the entryman or
owner thereunder to execute a quit-claim deed to the United States, have the same
recorded on the county records, and furnish an abstract of title, duly authenticated,
showing chain of title from the Government back again to the United States. The abstract
of title should accompany the application for change of entry, which must be filed as
required by paragraph 15, without the affidavit therein called for.

17. In case a settler on an unsurveyed tract within a forest reservation desires to make a
change of settlement to land outside of the reservation and receive credit for previous
residence, he should file his application as provided for in paragraph 15, including the
affidavit as to residence therein required, and describing his unsurveyed claim with
sufficient accuracy to enable the local land officers to approximately determine its
location.
18. All applications for change of entry or settlement must be forwarded by the local
officers to the Commissioner of the General Land Office for consideration, together with
report as to the status of the tract applied for.

LOCATION AND ENTRY OF MINERAL LANDS.
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 thereunder, 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. (For further use of timber by miners, see below under heading "Free Use of
Timber and Stone".)

FREE USE OF TIMBER AND STONE.
21. The law provides, that
The Secretary of the Interior may permit, under regulations to be prescribed by him, the
use of timber and stone found upon such reservations, free of charge, by bona fide
settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings,
mining, prospecting, and other domestic purposes, as may be needed by such persons for
such purposes; such timber to be used within the State or Territory, respectively, where
such reservations may be located.
This provision is limited to persons resident in forest reservations who have not a
sufficient supply of timber or stone on their own claims or lands for the purposes
enumerated, or for necessary use in developing the mineral or other natural resources of
the lands owned or occupied by them. Such persons, therefore, are permitted to take
timber and stone from public lands in the forest reservations under the terms of the law
above quoted, strictly for their individual use on their own claims or lands owned or
occupied by them, but not for sale or disposal, or use on other lands, or by other persons:

Provided, that where the stumpage value exceeds one hundred dollars, application must
be made to and permission given by the Department.

SALE OF TIMBER.
22. The following provision is made for the sale of timber within forest reservations in
limited quantities:
For the purpose of preserving and living and growing timber and 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
that the appraised value in such quantities to each purchaser as he shall prescribe, to be
used in the State or Territory in which such timber reservation may be situated,
respectively, but not for export therefrom. Before such sale shall take place, notice
thereof shall be given by the Commissioner of the General Land Office, for not less than
sixty days, by publication in a newspaper of general circulation, published in the county
in which the timber is situated, if any is therein published, and if not, then in a newspaper
of general circulation published nearest to the reservation, and also in a newspaper of
general circulation published at the capital of the State or Territory where such
reservation exists; payments for such timber to be made to the receiver of the local land
office of the district wherein said timber may be sold, under such rules and regulations as
the Secretary of the Interior may prescribe; and the moneys arising therefrom shall be
accounted for by the receiver of such land office to the Commissioner of the General
Land Office, in a separate account, and shall be covered into the Treasury. Such timber,
before being sold, shall be marked and designated, and shall be cut and removed under
the supervision of some person appointed for that purpose by the Secretary of the
Interior, not interested in the purchase or removal of such timber nor in the employment
of the purchaser thereof. Such supervisor shall make a report in writing to the
Commissioner of the General Land Office and to the receiver in the land office in which
such reservation shall be located of his doings in the premises.
The sale of timber is optional, and the Secretary may exercise his discretion at all times
as to the necessity or desirability of any sale.
23. While sales of timber may be directed by this Department without previous request
from private individuals, petitions from responsible persons for the sale of timber in
particular localities will be considered. Such petitions must describe the land upon which
the timber stands by legal subdivisions, if surveyed; if unsurveyed, as definitely as
possible by natural land marks; the character of the country, whether rough, steep or
mountainous, agricultural or mineral, or valuable chiefly for its forest growth; and state
whether or not the removal of the timber would result injuriously to the objects of forest
reservation. If any of the timber is dead, estimate the quantity in feet, board measure,
with the value, and state whether killed by fire or other cause. Of the live timber, state the
different kinds and estimate the quantity of each kind in trees per acre. Estimate the

average diameter of each kind of timber, and estimate the number of trees of each kind
per acre above the average diameter. State the number of trees of each kind above the
average diameter it is desired to have offered for sale, with an estimate of the number of
feet, board measure, therein, and an estimate of the value of the timber as it stands. These
petitions must be filed in the proper local land office, for transmission to the
Commissioner of the General Land Office.
24. Before any sale is authorized, the timber will be examined and appraised, and other
questions involved duly investigated, by an official designated for the purpose; and upon
his report action will be based.
25. When a sale is ordered, notice thereof will be given by publication by the
Commissioner of the General Land Office, in accordance with the law above quoted; and
if the timber to be sold stands in more than one county, published notice will be given in
each of the counties, in addition to the required general publication.
26. The time and place of filing bids, and other information for a correct understanding of
the terms of each sale, will be given in the published notices. Timber is not to be sold for
less than the appraised value, and when a bid is accepted a certificate of acceptance will
be issued by the Commissioner of the General Land Office to the successful bidder, who,
at the time of making payment, must present the same to the receiver of public moneys
for the land district in which the timber stands. The Commissioner of the General Land
Office must approve all sales, and he may, in sales in excess of five hundred dollars in
value, make allotments of quantity to several bidders at a fixed price, if he deems proper,
so as to avoid monopoly. The right is also reserved to reject any or all bids. A reasonable
cash deposit with the proper receiver of public moneys, to accompany each bid, will be
required.
27. Within thirty days after notice to a bidder of an award of timber to him, payment must
be made in full to the Receiver for the timber so awarded. The purchaser must have in
hand the receipt of the Receiver for such payment before he will be allowed to cut,
remove, or otherwise dispose of the timber in any manner. The timber must all be cut and
removed within one year from the date of the notice by the Receiver of the award; failing
to so do, the purchaser will forfeit his right to the timber left standing or unremoved and
to his purchase money.
28. Sixty days notice must be given by the purchaser, through the local land office, to the
Commissioner of the General Land Office of the proposed date of cutting and removal of
the timber, so that an official may be designated to supervise such cutting and removal, as
required by the law. Upon application of purchasers, permits to erect temporary sawmills
for the purpose of cutting or manufacturing timber purchased under this act may be
granted by the Commissioner of the General Land Office, if not incompatible with the
public interests. Instructions as to disposition of tops, brush and refuse, to be given
through the supervisors in each case, must be strictly complied with, as a condition of
said cutting and manufacture.

29. The act provides, that the timber sold shall be used in the State or Territory in which
the reservation is situated, and is not to be exported therefrom. Where a reservation lies in
more than one State or Territory, this requires that the timber shall be used in the State or
Territory where cut.
30. Receivers of Public Moneys will issue receipts in duplicate for moneys received in
payment for timber, one of which will be given the purchaser, and the other will be
transmitted to the Commissioner of the General Land Office in a special letter, reference
being made to the letter from the Commissioner authorizing the sale, by date and initial,
and with title of case as herein named. Receivers will deposit to the credit of the United
States all such moneys received, specifying that the same are on account of sales of
public timber on forest reservations under the act of June 4, 1897. A separate monthly
account-current (form 4-105) and quarterly condensed account (form 4-104) will be made
to the Commissioner of the General Land Office, with a statement in relation to the
receipts under the act as above specified.
31. Special instructions will be issued for the guidance of officials designated to examine
and appraise timber, to supervise its cutting and removal, and for carrying out other
requirements connected therewith.
BINGER HERMANN.
Commissioner.
Approved, June 30, 1897.
C. N. Bliss,
Secretary.


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