Page images
PDF
EPUB

Limitation of National Forest

Designation

• Act of June 15, 1926 (Ch. 587, 44 Stat. 745; 16 U.S.C. 471a)

Hereafter no national forest shall be created, nor shall any additions be made to one heretofore created within the limits of the States of Arizona, or New Mexico, except by Act of Congress. (16 U.S.C. 471a)

Color of Title

• Act of December 22, 1928 (Ch. 47, 45 Stat. 1069, as amended; 43 U.S.C. 1068, 1068a, 1068b)

The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse possession by a claimant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local Governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon payment of not less than $1.25 per acre: .. (43 U.S.c. 1068)

Upon filing of an application to purchase any lands subject to the operation of this Act, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands by the applicant or his predecessors in interest, and in such appraisal, the Secretary shall consider and give full effect to the equities of any applicant. (43 U.S.C. 1068a) If the claimant requests that the patent to be issued under this Act not contain a mineral reservation and if he can establish to the satisfaction of the Secretary that the requirements of this Act have been complied with by such claimant and his predecessors for the period commencing not later than January 1, 1901, to the date of application, no mineral reservation shall be made unless the lands are, at the time of issuance of the patent, within a mineral withdrawal or subject to an outstanding mineral lease. (43 U.S.C. 1068b)

Title Adjustment

• Act of April 28, 1930 (Ch. 219, 46 Stat. 256; 43 U.S.C. 872)

Where a conveyance of land has been made or may hereafter be made to the United States in connection with an application for amendment of a patented entry or entries, for an exchange of lands, or for any other purpose, and the application in connection with which the conveyance was made is thereafter withdrawn or rejected, the Secretary of the Interior or such officer as he may designate is authorized and directed, if the deed of conveyance has been recorded to execute a quitclaim deed of the conveyed land to the party or parties entitled thereto. (43 U.S.C. 872)

NOTE.--The Act of June 11, 1960 (74 Stat. 205; 7
U.S.C. 2201 (Note)) transferred to the Secretary of
Agriculture the authority of this section insofar as it
related to lands conveyed in exchange involving
Department of Agriculture lands.

Damage to Private Property/Search and
Rescue

• Act of May 27, 1930 (Ch. 337, 46 Stat. 387, as amended; 16 U.S.C. 574, 575)

The Secretary of Agriculture is authorized to reimburse owners of private property for damage or destruction thereof caused by employees of the United States in connection with the protection, administration, or improvement of the national forests, payment to be made from any funds appropriated for the protection, adminstration, and improvement of the national forests: Provided, That no payment in excess of $2,500 shall be made on any such claim. (16 U.S.C. 574)

The Secretary of Agriculture is authorized in cases of emergency to incur such expenses as may be necessary in searching for persons lost in the national forests and in transporting persons seriously ill, injured, or who die within the national forests to the nearest place where the sick or injured person, or the body, may be transferred to interested parties or local authorities. (16 U.S.C. 575)

Knutson-Vandenberg Act

• Act of June 9, 1930 (Ch. 416, 46 Stat. 527, as amended; 16 U.S.C. 576-576b)

Sec. 1. The Secretary of Agriculture is hereby authorized to establish forest tree nurseries and do all other things needful in preparation for planting on national forests on the scale possible under the appropriations authorized by this Act: Provided, That nothing in this Act shall be deemed to restrict the authority of the said Secretary under other authority of law. (16 U.S.C. 576)

Sec. 2. There is authorized to be appropriated for each fiscal year after year ending June 30, 1934, not to exceed $400,000, to enable the Secretary of Agriculture to establish and operate nurseries, to collect or to purchase tree seed or young trees, to plant trees, and to do all other things necessary for reforestation by planting or seeding national forests and for the additional protection, care, and improvement of the resulting plantations or young growth. (16 U.S.C. 576a)

Sec. 3. The Secretary of Agriculture may, when in his judgment such action will be in the public interest, require any purchaser of national forest timber to make deposits of money in addition to the payments for the timber, to cover the cost to the United States of (1) planting (including the production or purchase of young trees, (2) sowing with tree seeds (including the collection or purchase of such seeds), (3) cutting, destroying, or otherwise removing undesirable trees or other growth, on the national forest land cut over by the purchaser, in order to improve the future stand of timber, or (4) protecting and improving the future productivity of the renewable resources of the forest land on such sale area, including sale area improvement operation, maintenance and construction, reforestation and wildlife habitat management. Such deposits shall be covered into the Treasury and shall constitute a special fund, which is hereby appropriated and made available until expended, to cover the cost to the United States of such tree planting, seed sowing, and forest-improvement work, as the Secretary of Agriculture may direct: Provided, That any portion of any deposit found to be in excess of the cost of doing said work shall, upon the determination that it is so in excess, be transferred to miscellaneous receipts, forest service

« PreviousContinue »