Page:United States Statutes at Large Volume 44 Part 1.djvu/433

 419 11*112Lx 16.··— of the dewrtmeut now admiuistegng the am and tt Secretaxy ot Agriculture are suitab for the pmdnetlou < timber. to be admiaistexyed by the Secretary of‘Ag1`l£\l1tIIl| under such rules and regulations and in accordance wit such general plans as may ‘ he jointly approved by tm Secretary of Agriculture and the Secretary formerly odmini: tering the area, for the use and occupation ot tts¤e¤'"m¤o¤ an for the sale of p1·0ducts· therefrom. _ any person who sha violate any Arule or regulation promulmted under this sul division shall be guilty of a misdemeanor and upon convictio thereof shall be Hned not- more than $500 or imprisonment fu not mote than one year, or both, (May 3,_ 1891, c. 561, § 2+ 2~<t· Stat. 1103; Mar. 4, 1907, c. 2907, 34 Stat..12?1;_Aug.;2< 1012, c. 369, 37 Stat. 497; June 7, 1924,.c. 348, § 9, 43 Stat. 655. o 472. Laws afectiug national forestlands.-——The Secretary c the Department of Agriculture shall execute or cause to b ooxeeuted all laws` affecting public lands reserved under th provisions _ of section $71 of this title, or sections eupplc mental to and amendutory thereof, subject to the provision me natiouallforests {established undeznsubdivision (b) of sec tion 471 of tlfis title, after such lands have been so reserved .4-xoeptiug-such. lawegus uifect the surveying, prospecting, local mg, apparopriatiugg entering,‘1‘elinqn1ishing, feconveying, certify mg, or patentiuglotany ot such lands. -.‘(§`eb. 1, 1905,,c. *285 § 1, 33 Stat. 628.) 1 - _ ‘ " . _ . 473. Revocation; modiiication, or vacation of orders or proc lamations _ establiphing national forests.———The President of .th l`ziited_`Statee is authorized and empowered to revoke, modify or suéoend any’and” all Executive orders and proclamations ou any part thereof issued under section- 471 of this, title, ifrou time to time as he shall deem best for the oublic interests By such modification heemay reduce the area for change tm lmundary lines or may"vacate_altogether any order creating 2 national foreot. (June 4, 1897, c.`2, §§'1;2, 30 Stat. 34, 36.) _ 474. ·8§l"Y¢Y§},|Illti and Qeld notes; mapsgefect under Ac J uue 4, 1897.-·Sux·veys, held notm and plats returned from the eurvey of public lands designated as national iotteets under }~¤ikgg___uuder the supervision of the Director of the Geologicai Survey with pmvisio¤g"_of Act June 4, 1897 t clmpter 2, section 1, '17}Trt}eth¥Stat;1_tge,"page 34, shall hayfe the same legal force and effect as survey*§Q`”l"%l3eld~uotee,l tt __;§,ud plate returned through the Field Surveyiug’Servlce;· and such deux toys, which iuelude subdivision eufveys under the rectangulm "syetem, approved by the Commissioner of we General Lanai _ Udice ae in other eases, and properlyrcertltled copies thereoi o>hell;be  the respective land oEcee of the districts it which suéhlands are situatedyas in other cases. h All laws lat mnsigsteut with the provisions hereof are declared inoperative es respecte such survey. A éopy of every topographic map and wher maps showing the distribution of the fol'é§t‘B,· togethex with such deld notes as may be taker; relating tliereto, shell he vertltied thereto by the Director ot the Survey and med in the Genera!. Land Omcex (June 4, 1897, c. 2,·§ 1, 30 Stat. ·34; Mer. 3,; 1925, e. iw, 43 Stat. 1144.) I, _ ` 475, Pur ‘ for which nationileforeets may beestablished and •d tered4-—-All public lands hel·etofore·designated and reserved prior to I une 4,}%*1, by the Prwideut ot the United States under the provisions of section 471 oi this title, the or— dere for which shall be aud  in full toree audiekect, unl euep»;·eded'u1d uurevolied, and all public ‘la¤ds that may hereafter be set aside and reserved es uetloziql forests under éaid section, shall be ao tar ae practleable. coutgollw and adminlstered lu accordance with the following proyisions. 'No ¤a~ e Utional forest éhall he establlehed, except to improve-and protect the toreeté yvithiu tho boundaries, or for the purpose of seeuring tavorable conditions ot water Hows, and to furnish 1; continuous éupplyl 01 timber for the USE and uecmlties, of eit1@s of the United States ;"but_ it is not the purpose oxf intent ot these pro-

CONSERVATION § 478 ne visi& or of motion 471, to ant@he inclusion therein of >f lands more yaluable for the minera tgrein, or for agriculfe. tural purposes, than for forest purposes. (June 4, 1897, c. 2, me . 476. Sale of timber.~——For the purpose of preserving the livs- ing and growingtimber and promoting the younger growth d on national. forests, the. Secretary of Agriculture, under such 11 rules and regulations as he shall prescribe, may cause to be J-_ designated and appraised so much of the dead, matured, or n large growth oftrees foundupon such national forests as may ·1‘ be compatible with. the utilization of the forests thereon, and 4. may sell the same .for not less than the appraised value in L such quantities to each purchaser as he shall prwcribe, to be ) used in the State or Territory in which such timber {reservation lf may be situated, respectively, but not for export therefrom. ·€ ,Before such sale shall take place notice thereof shall be given ff by the said Secretary of Agriculture for notless than thirty, P-. days, bypubliiration in one or more newspapers of general cir- S culation, as he may»deem necessary, in the State or Territory 3- where such reservation exists; `In ·~cases of unusual emergency L the Secretary of Agriculture may, in the exercise of his dis- 3- cretion, pernnit the purchase of timber and cord wood in ad- '- Vance of adrertisement of sale at rates of value approved by K. him and subject to payment of the full amount of the highest ` bid resulting from the usual advertisement of stle. He may, in e· applicants, at a fair appraisement, timber and cord  and ·, other forestc products not exceeding in value, In cases r iii which advertisement is had and no satisfactory bid. is
 * h § 1, 30 Stat. 34.)
 * 1) - his discretion, sell without advertisement, in quantities t¤‘suit
 * 1 received, or in cases in which the bidder fails to complete

s. the purchase, the timber may be sold, without further ade V(§l‘tiS€IIlEIl£,· at private sale, lin the discretion of the Secre- 1. tary of Agriculture, fat not less than the appraised valuatioén, Din ~‘quantities to suit purchasers. Payments for- such tinnf be1; to be` made to the receiver of the local land omce of the 2 district: wherein said timber may be»sold,- under such rules; and - regulations as the Secretary of Agriculture. tnay prescribe ;,_and l— the moneys arising therefrom shall be accounted for by the '," receiver of such land 1 office to the Secretary of Agriculture, in 2 a separate account,-had shall be covered into the Treasury. 3 Such timbers before being sold, shall be marked and designated, ·` and  be cut and removed under the supervision of some r person appointed for that purpose by the Secretary of Agricul— I ture not interested in the purchnsesor removal of such timber E nor- in the employment of the purchaser thereof. — Such superi visor, shall make report in [writing to the Secretary tof Agriel culture and ,_to the receiver in the land owe ln which such s_ reservation shall be located of his doings in the premises. I '(June 4, 1@7,_,c. 2,.§ ’1, 30 Stat. 35; June 6, 1900, c.· 804, 31* Stat. r 601; Feb. 1, 1905, c. 288,, 33 Stat. 628; June 30,1906, c. 3913, " 2 34-Stat. 084; Mar. 3, 1925, c. 457, § 3, 43 Stat. 1133.) ‘, ' a 477. Use lof timber and stone by settlers.-——Tbe Secretary of ‘him, `the.use of timber and stone found upon national forests., [ rfree of charge, by· bona Bde settlers, miners, residents, and 1 prospectorsfor'nnlnerals, for `hrewood, fencing, buildings, nun- L ing, prospecting, and other domestic purposes, as may be . needed by such persons for such pqrposes; such timber to be r used within the State or»Territory, respectively, where such · national forests. may be located. (June 4, 1897, c._ 2, 5 1, 30 — - 478. Eiress or, ingress of actual settlers; prespectingr-— · Nothing in this chapter shallhe construed asprohibiltirig the ~ other improvements may be constructed thereon as may be ~ necessary to reach their homes and toiutillze their property
 * *Ag1jiculture-may permit, under regulations `to be prescribed by
 * W St&f. 35.) · .» ~ ’ ' _
 * egxms or ingress of actual settlers residing within the boimd-
 * aries ·or‘¤maéma forests, or from crossing the same toaml
 * from theirproperty or homes; and such wagon roads and