The new era., 1909-05-20
CHANGES MADE
IN FOREST RULES
MUCH AGRICULTURAL LAND WILL
BE SET FREE BY FORESTER
PINcHoT.
OLD RULES REVERSED
SECRETARY eALLINGER WILL RE
STRICT AMOUNT OF LAND TO
BE WITHDRAWN.

Forester Pinchot by letter dated
April End, has sent to district foresters
at Denver, Missoula, Ogden. Portland
and San Francisco detailed directions
for examining national forest lands
with view to eliminating lands more
valuable for agriculture than forestry
and which would best serve the public
interests by being excluded from for
est management
Reversing the policy adopted during
the Roosevelt administration by Sec
retary Garfield, Secretary Ballinger has
restricted to a minimum the amount
of land the Department Of Agriculture
may withdraw from entry for i'm
provement for administrative pur-
poses.
The Interior Department hereafter
will not grant any request from the for
est service for the withdrawal from en-.
try for administrative purposes of
lands within forest reservations or
lands without reservations in the states
Of Colorado. Oregon. Washington.
Idaho, Montana or Wyoming. In other
states, land outside reservations may
be withdrawn when the forest service
shows the necessity for the with
drawal.
A controversy has arisen between
Secretary Ballinger Of the Interior De-
partment and the forest service branch
Of the Agricultural Department, over
the proper Interpretation OF the law
which forbids enlargement of forest
reserves in certain western states, by
methods other than by act Of Congress.
Under the administration of Secre
tary Garfield application was made to
the general land office by the forest
service for withdrawal Of small tracts
of land from all forms Of settlement,
SO that they might be used for ranger
stations and other administrative uses
of the forest service.
Land Commissioner bennett declined
to order these Withdrawals, folding
that he could not legally enlarge the
forest areas or withdraw from mineral
entry lands within the reserves with
out specific authorization through leg
islation.
Secretary Garfield overruled Den
nett, and the wishes of the forest SER
vice were complied with. Similar ap-
plications made by the forest service
since the advent OF the new admins
tration have been denied by Commits
sioner bennett, and his action has been
sustained by Secretary Ballinger,
whose Interpretation of the law is sus-
tained by the assistant attorney gen.
eral for the Interior Department
Before final settlement of the con-
troversy is reached, 1t is probable that
the attorney general will be called
upon to submit an opinion upon the
application of the law to the question
at issue.
If Congress decides in favor of the
leasing system, and enacts law to
that effect, it will be expected to or
der the permanent withdrawal of all
public lands on which are located val
liable water power sites.
If, on the other hand, Congress
turns down the leasing proposition,
the temporary Withdrawals will be re-
voked, and the lands restored to en-
try.
There is now authority for making
temporary Withdrawals in the public
interest, but there is no law authoriz-
ing the permanent withdrawal from en-
try of lands chiefly valuable for their
water power.