Page:U.S. Department of the Interior Annual Report 1896.djvu/145

 SEC. 2. That after the passage of this act it shall be unlawful to dispose of or appropriate for any purpose whatsoever any timber on such public lands except as herein provided and as authorized by Congress for railroad and telegraph purposes.

SEC. 3. That the Secretary of the Interior is hereby authorized to dispose of by sale, from time to time, upon proper application therefor, so much of the timber growing or being on public lands not embraced within forest reservations as may be, in his judgment, demanded to supply the actual necessities of bona fide settlers and others engaged in legitimately developing the resources of the country, provided the removal of such timber will not injuriously affect the water supply or other public interests. It is further provided that such applications shall be made in the form of sworn statements, duly corroborated, setting forth in full the facts and circumstances that create the necessity for the use of the timber and the reasons for concluding that the removal of the same will not injuriously affect the water supply or any other public interests.

SEC. 4. That no timber, lumber, or other timber products shall be disposed of under the provisions of this act except for use within the State or Territory where cut, and that no sales of such timber or other material shall be made except to bona fide residents of such State or Territory.

SEC. 5. That the Secretary of the Interior shall prescribe such rules and regulations as shall be necessary to carry into effect the provisions of this act.

SEC. 6. That before any timber, lumber, or other timber product shall be disposed of as herein provided the Secretary of the Interior shall cause the same to be appraised and advertised for sale for not less than thirty days in a newspaper of general circulation throughout the State or Territory in which the lands, on which the timber or other material stands or lies, are situated; and like publication shall also be made for the same period in a newspaper published in the county or counties in which the land lies. Such advertisement shall offer the timber or other material for sale at not less than the appraised value and in limited quantities to each purchaser, specifying that payments therefor shall be made to the receiver of public moneys of the local land office of the district wherein the said timber or other material is situated, subject to conditions prescribed by the Secretary of the Interior. It is further provided that no timber or other material disposed of as herein provided shall be either cut or removed until payment in full therefor has been made and receipt for such payment has issued by the receiver of public moneys. It is further provided that the proceeds of all such sales shall be accounted for by the receiver of public moneys in a separate account, and shall be covered into the Treasury of the United States as a special fund to be expended in protecting the timber on public lands not embraced in forest reservations, under the direction of the Secretary of the Interior or as Congress may provide.

SEC. 7. That in disposing of timber, lumber, or other timber products under the foregoing provisions the sale shall be made conditional upon the removal of the timber or other material within a period of twelve months from the date of purchase. It is further provided that the limit of twelve months herein named may be extended by the Secretary of the Interior, in his discretion, upon good and sufficient reasons for such action being shown.

SEC. 8. That homestead claimants who have made bona fide settlement upon public land, and who are living upon, cultivating, and improving the same in accordance with law and the rules and regulations of this Department, with the intention of acquiring title thereto, may cut and remove, or cause to be cut and removed from the portion thereof to be cleared for cultivation, so much timber as may be actually necessary for that purpose or for buildings, fences, and other improvements on the land entered. It is further provided that in clearing for cultivation, should there be a surplus of timber over what is needed for the purposes above specified, the entryman may sell or dispose of such surplus. But nothing herein contained shall be construed to permit the cutting or removing of timber from lands covered by unperfected homestead entries for purposes of sale or speculation.