Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1898-03-12
FOREST RESERVES.
Rules and Regulations Governing, and
the Text Of the Law Under Which
They are Prescribed.
GENERAL LAND OFFICE,

GENERAL LAND OFFICE,
WASHINGTON, ID. Z. June 80, 1897. J
/. Under the authority vested in tn
Secretary of the Interior by the act o
Congress, approved June 4, 1897, entitle,
An act making appropriations for sun
dry civil expenses of the governmen
for the fiscal year ending June 80, 1895
and for other purposes" to make sucl
rules and regulations and establish sucl
service as will insure the objects 70
which forest reservations are created
under section "a of the act of March 8
1891 (26 Stat, 1885, the following rule
and regulations are hereby prescribed
and promulgated
OBJECT OF FOREST RESERVATIONS.
2. Public forest reservations are es
tablished to protect and improve tn,
forests for the purpose of securing per
manent supply of timber for the peopl,
and iEsuring conditions favorable L
continuous water flow.
3. 1t 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 bounda
ries ofa reservation they may be restor
ed to settlement, location, and entry.
PENALTIES FOR VIOLATION OF LAW
AND REGULATIONS.
| 4. The law under which these reg.
ulations are made provides. that any
violations Of the provisions thereof, or OF
any rule and regulations hereunder
shall be punished as is provided for liz
the act of June 4, 1883 Us Stat, 1861
amending section 1888 Of the Revised
Statutes. which reads az follows:
| That section ifty-three hundred and eighty.
eight OF the Revised Statutes OF the United States
be amended so as 10 read as follows every
person who unlawtully cuts, or aids or Is EN-
ployed In unlawfully cutting, or wantonly de-
| strOys or procures to be wantonly destroyed,
any timber standing upon the land Of the United
states which, in pursuance of law may be re-
served or purchased for military or other pur-
poses, or upon any Indian reservation. or lands
belonging to or occupied by any tribe of Indians
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.
B. The act Of February "a, 1897, (29
Stat, 594) entitled IAN act to prevent
forest fires on the public domain" pro-
vdes,
That any person who shall wilfuy or mallci-
ously 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 tim
ber or other infamabe material, shall be deem.
cd guilty OF misdemeanor, and upon conviction
thereof I'm 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. q. That any person who shall build
camp fire, or other FIRE. In or near any forest,
timber, or other intiamable material upon the
leaving said fire, totally extnguish the same.
ANY person falling to do SO shall be deemed
guilty of misdemeanor, and upon conviction
thereof I'm any district court OF the United States
having jurisdiction of the same, shall be fined in
sum not more than one Thousand dollars, or
be imprisoned for 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 careless
ness Of prospectors, campers. hun,ers,
sheep Eerders, and others, while in some
cases the fires are started with malicious
intent. So great is the importance of
protecting forests from fires, 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 punish
ment of Offenses against the United States there
in 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 is jurisdiction,
privileges rs citizens. or be absoyed from their
duties as citizens of the state.
PUBLIC AND PRIVATE USES.
Z. 1t is further provided, that
Nothing herein shall be construed as prohibit
ing the egrcSs or ingress of actual settlers reSid-
ing 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
rs may be necessary to reach their homes and
to utilize their property Under such rules and
tary of the Interior. Nor shall anything herein
prohibit any oerSon from entering upon such
forest reservations for all proper and lawful
purposes, including that of prospecting, lOcat-
ing, and deyeloping the mineral resources there
of: 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
school house and one acre for a church.
All waters on such reservations may be used
for domestic, mining, milling, or irrigation rur-
poses, under the laws OF the state wherein such
forest reservations are situated, or under the
laws OF the United States and the rules and reg
ulatlonS established hereunder.
s. The public in entering, crossing
and occupying the reserves, for the pur-
poses enumerated in the law, are subject
to a strict compliance with the rules and
regulations governing the reserves
.. Private wagon roads and county
roads may be constructed over the pub.
lie 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 mineral, can be taken for
the construction of such roads. permis-
sion must be first Obtained from the
Secretary Of the Interior. The applica-
tion for such privilege should describe
the location and direction of the road,
its length aad width. the probable guam
lity of material required the location of
such material, and its estimated value.
10. The permission to occupy public
lands in the reserves for school houses
and churches, as provided for in the
law, is merely privilege, and is subject
to any future disposition that may he
made ofsuch tracts by the United States
IL. The right of way in and across
forest reservations for irrigating canals,
bitches, fumes and pipes, reservoirs.
electric mower nurposes. and for nina