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Punishment for.

lands.

Punishmen 1or.

other substanoe, or any article or commodity made from ant any such pitch, turpentine, or other substance, when he

has knowledge that the same has been so unlawfully obtained from such trees, shall be fined not more than five hundred dollars, or imprisoned not more than one year,

or both. Setting fire to Sec. 52. Whoever shall willfully set on fire, or cause timber on public

to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn * unattended near any timber or other inflammable material, shall be fined not more than five thousand dollars,

or imprisoned not more than two years, or both. Failing, to ex SEC. 53. Whoever shall build a fire in or near any tinguish fires.

forest, timber, or other inflammable material upon the public domain, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United

States, shall, before leaving said fire, totally extinguish the Punishment same; and whoever shall fail to do so shall be fined not for.

more than one thousand dollars, or imprisoned not more

than one year, or both. (As amended June 25, 1910.) Fines to be paid SEC. 54. In all cases arising under the two preceding

sections the fines collected shall be paid into the public
school fund of the county in which the lands where the
offense was committed are situated.
Extract from the agricultural appropriation act, approved August 10,

1912 (37 Stat., 287). Sales of timber That the Secretary of Agriculture, under such rules

and regulations as he shall establish, is hereby authorized and directed to sell at actual cost, to homestead settlers and farmers, for their domestic use, the mature, dead, and down timber in national forests, but it is not the intent

of this provision to restrict the authority of the Secretary Free timber to of Agriculture to permit the free use of timber as pro

vided in the act of June fourth, eighteen hundred and
ninety-seven.
An Act To authorize the sale of burnt timber on the public domain.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Sale of timber That the Secretary of the Interior is hereby authorized, killed by forest

under such rules as he may prescribe, to sell and dispose of to the highest bidder at public auction, or through sealed bids, the timber on any lands of the United States, outside the boundaries of national forests, including those embraced in unperfected claims under any of the public land laws, also upon the ceded Indian lands, that may have been killed or seriously and permanently damaged by forest fires prior to the passage of this act, the pro

for domestic use.

settlers.

fires.

'und.

ceeds of all such sales to be covered into the Treasury of the United States: Provided, That the damaged timber Damaged tim.

01 ber on existing upon any lands embraced in an existing claim shall be claims disposed of only upon. the application or with the written consent of such claimant, and the money received from the sale of damaged timber on any such lands shall be kept in a special fund to await the final determination of such claim.

SEC. 2. That upon the certification of the Secretary of Deposit of pro the Interior that any such claim has been finally approved Disposal of and patented the Secretary of the Treasury is hereby "It claim finally authorized and directed to pay to such claimant, his approved

I rejected or heirs, or legal representatives, the money received from canceled. the sale of the damaged timber upon his land, after deducting therefrom the expenses of the sale; and upon the certification of the Secretary of the Interior that any such claim has been finally rejected and canceled the Secretary of the Treasury is hereby authorized and directed to transfer the money derived from the sale of the damaged timber upon the lands embraced in such claim to the general fund in the Treasury derived from the sale of public lands, unless by legislation the lands from which the timber had been removed had been theretofore appropriated to the benefit of an Indian tribe or otherwise, in which event the net proceeds derived from the sale of the timber shall be transferred to the fund of such tribe or otherwise credited or distributed as by law provided.

Approved, March 4, 1913 (37 Stat., 1015).

TIMBER AND STONE LANDS.

Page.

Act of June 3, 1878 (20 Stat., 89)-Timber and stone lands in

certain States to be sold–Minimum price $2.50 an acre

Mineral lands not subjectPatents subject to water rights...
Act of August 4, 1892 (27 Stat., 348)—Extended to all public-land
States...

.......

368

370

sold.

bona fide claim.

An Act For the sale of timber lands in the States of California, Oregon,

Nevada, and in Washington Territory.
Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Timber and that surveyed public lands of the United States within stone lands in California, Ore- the States of California, Oregon, and Nevada, and in

be Washington Territory, not included within military, In

dian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale, according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands

valuable chiefly for stone may be sold on the same terms Note to defeat as timber lands: Provided, That nothing herein con

tained shall defeat or impair any bona fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law

of the United States donating lands for internal improveact ments, education, or other purposes: And provided further,

That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled “An act granting the right of way to ditch and canal owners over the public lands, and for other purposes,” shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under

this act. Application for Sec. 2. That any person desiring to avail himself of

the provisions of this act shall file with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is

Patents subje to water rights.

purchase,

unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belonged to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land office within the district where the land is situated; and False swearing if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, shall be null and void. SEC. 3. That upon the filing of said statement, as pro- Publication of

application. vided in the second section of this act, the register of the land office shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim Facts to be shall have been filed, the person desiring to purchase shall furnish to the register of the land office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the register and the receiver, as provided for in case of mining claims in the twelfth section of the act approved May tenth, eighteen hundred and seventy-two, the applicant.

Entry and patmay be permitted to enter said tract, and, on the trans- ent." mission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of

61002°–S. Doc. 547, 64-1- 24

proved

pap character cements, other that it appazbar, copper, ur

[blocks in formation]

to the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken and the merits of said objection shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office.

SEC. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

Approved, June 3, 1878 (20 Stat., 89).

An Act To authorize the entry of lands chiefly valuable for building stone

under the placer mining laws.

claims.

Timber and

may be sold.

Be it enacted by the Senate and House of Representatives Entries for of the United States of America in Congress assembled, That under placer any person authorized to enter lands under the mining

laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under

this act. stone hands in a SEC. 2. That an act entitled “An act for the sale of public-land States timber lands in the States of California, Oregon, Nevada,

and Washington Territory," approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by striking out the words “States of California, Oregon, Nevada, and Washington Territory," where the same occur in the second and third lines of said act, and insert in lieu thereof the words “public-land States,” the purpose of this act being to make said act of June third, eighteen hundred and seventy-eight, applica

ble to all the public-land States Forest reserva. SEC. 3, That nothing in this act shall be construed to

repeal section twenty-four of the act entitled “An act to repeal timber-culture laws, and for other purposes,” approved March third, eighteen hundred and ninety-one.

Approved, August 4, 1892 (27 Stat., 348).

and Washids in the act entit

tions not affected.

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