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ing, or other domestic purposes, and to remove the timber
so cut to Modoc County, State of California.”

Approved, March 3, 1919 (40 Stat. 1322).
An Act To grant to citizens of Malheur County, Oregon, the right

to cut timber in the State of Idaho for agricultural, minining, or
other domestic purposes, and to remove such timber to Malheur
County, Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of an Act entitled "An Act to Timber rerepeal the timber-culture laws, and for other purposes,"

" moval. approved March third, eighteen hundred and ninetyone, chapter five hundred and sixty-one, as amended by an Act approved March third, eighteen hundred and ninety-one, chapter five hundred and fifty-nine, page one thousand and ninety-three, volume twenty-six, United States Statutes at Large, be, and the same is hereby, amended by adding thereto the following:

" That it shall be lawful for the Secretary of the In-Oitizens of terior to grant permits, under the provisions of the eighth Oreg., may cut section of the Act of March third, eighteen hundred

and timber in Idaho

for domestic uses. ninety-one, to citizens of Malheur County, Oregon, to cut timber in the State of Idaho for agricultural, mining, or other domestic purposes, and to remove the timber so cut to Malheur County, State of Oregon."

Approved, March 3, 1919 (40 Stat. 1321).
An Act Authorizing the cutting of timber by corporations organized

in öne State and conducting operations in another.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress as-

Public lands. sembled, That section 1 of an Act entitled "An Act au- Timber cut

permitted thorizing the citizens of Colorado, Nevada, and the tor manufacturTerritories to fell and remove timber on the public do- poses, et hos main for mining and domestic purposes," approved June side. corporations. 3, 1878, chapter 150, page 88, volume 20, United States Vol. 28, p. 1099. Statutes at Large, and section 8 of an Act entitled "An Act: to repeal timber-culture laws, and for other pur- Vol. 28, p. 1093, poses," approved March 3, 1891, as amended by an Act amended. approved March 3, 1891, chapter 559, page 1093, volume 26, United States Statutes at Large, and the several Acts amendatory thereof, be, and the same are hereby, extended so that it shall be lawful for the Secretary of the Interior to grant permits to corporations incorporated under a Federal law of the United States or incorporated under the laws of a State or Territory of the United States, other than the State in which the privilege is requested, said permits to confer the same rights and benefits upon such corporations as are conferred by the aforesaid Acts upon corporations incorporated in the State in which the privilege is to be exercised: Provided, Proviso.

ting

36039-23-39

pur, by out

Condition.

That all such corporations shall first have complied with Railroads not the laws of that State so as to entitle them to do business affected.

therein; but nothing herein shall operate to enlarge the rights of any railway company to cut timber on the public domain.

Received by the President December 30, 1920 (41 Stat. 1088).

[NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]

An Act To grant citizens of Washington and Kane Counties, Utah,

the right to cut timber in the State of Arizona, for agricultural, mining, and other domestic purposes.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asVol. 28, p. 1994, sembled, That section 8 of an Act entitled "An Act to amended repeal the timber culture laws, and for other purposes,"

Timber removal. approved March 3, 1891, as amended by an Act approved

March 3, 1891, chapter 559, page 1093, volume 26, United
States Statutes at Large, be, and the same is hereby,

amended by adding thereto the following: Citizens of

“That it shall be lawful for the Secretary of the InWashingtonun tanda terior to grant permits, under the provisions of section 8 Utah, may cut of the Act of March 3, 1891, to citizens of Washington zona for domestic County, and of Kane County, Utah, to cut timber on the Uses, etc.

public sands of the counties of Mohave and Coconino, Arizona, for agricultural, mining, and other domestic purposes, and remove the timber so cut to said Washington County and Kane County, Utah."

Approved, February 27, 1922 (42 Stat. 398).

An Act For the protection of timber owned by the United States

from fire, disease, or the ravages of beetles or other insects.

on

thorized

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asProtection of, sembled, That the Secretary of the Interior is hereby au

Government thorized to protect and preserve, from fire, disease, or insects, etc., au: the ravages of beetles, or other insects, timber owned by

the United States upon the public lands, national parks, national monuments, Indian reservations, or other lands under the jurisdiction of the Department of the Interior owned by the United States, either directly or in cooper

ation with other departments of the Federal Governauthorized for. ment, with States, or with owners of timber; and appro

priations are hereby authorized to be made for such purposes.

Approved, September 20, 1922 (42 Stat. 857):

TIMBER AND STONE LANDS.

Page.

Also see " Timber."
Act of June 3, 1878Timber and stone lands in certain States to be

sold--Minimum price $2.50 an acreMineral lands not subject—Pat

ents subject to water rights.----Act of August 4, 1892--Extended to all public-land States..

607 610

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

gon, Nevada, and in Washington Territory.

sold.

Not to defeat

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That surveyed public lands of the United States Timber and within the States of California, Oregon, and Nevada, California, ore and in Washington Territory, not included within mili- gon, etc.,' to be tary, Indian, 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 as timber lands: Provided, That nothing herein contained shall defeat or impair any bona fide claim bona ide 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 improvements, education, or other purposes: And provided further, That none of the rights conferred Patents subject by the act approved July twenty-sixth, eighteen hundred to water rights. 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.

SEC. 2. That any person desiring to avail himself of Application for the provisions of this Act shall file with the register of purchase. the proper district a written statement in duplicate, one 1 Extended to “public land States" by the act of Aug. 4, 1892.

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
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 be-
lieves, any valuable deposit of gold, silver, cinnabar, cop-
per, or coal; that deponent has made no other applica-
tion 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 con-
tract, 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 him-
'self; which statement must be verified by the oath of the

applicant before the register or the receiver of the land False swearing in application.

office within the district where the land is situated; and 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. Publication of SEC. 3. That upon the filing of said statement, as proapplication. 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

be after the expiration of said sixty days, if no adverse claim proved. 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 pat

may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon: Provided,

Facts

ent.

Objection

Penalty.

· That any person having a valid claim to any portion of the land may object, in writing, to the issuance of a

to patent to lands so held by him, stating the nature of his patent. claim thereto; and evidence shall be taken and the merits of said objections shall be determined by the officers of the land office, sroject 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. 4. That after the passage of this Act it shall be unCutting, timber

unlawfully. unlawful to cut, or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of the United States, in said States and Territory, or remove, or cause to be removed, any timber from said public lands, with intent to export or dispose of the same; and no owner, master, or consignee of any vessel, or owner, director, or agent of any railroad shall knowingly transport the same, or any lumber manufactured therefrom; and any person violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be fined for every such offense a sum not less than one hundred nor more than one thousand dollars: Provided, That nothing herein contained shall prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or preparing his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber, for the use of the United States; and the penalties herein provided shall not take effect until ninety days after the passage of this act. Sec. 5. That any person prosecuted in said States and Certain prose

cutions, relief Territory for violating section two thousand four hun- from. dred and sixty-one of the Revised Statutes of the United States who is not prosecuted for cutting timber for export from the United States may be relieved from further prosecution and liability therefor upon payment, into the court wherein said action is pending, of the sum of two dollars and fifty cents per acre for all lands on which he shall have cut or caused to be cut timber, or removed or caused to be removed the same: Provided, That nothing contained in this section shall be construed as granting to the person hereby relieved the title to said lands for said payment; but he shall have the right to purchase the same upon the same terms and conditions as other persons, as provided hereinbefore in this Act: And further provided, That all moneys col- parte pealed in lected under this Act shall be covered into the Treasury of the United States. And section four thousand seven hundred and fifty-one of the Revised Statutes is hereby repealed, so far as it relates to the States and Territories herein named.

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).

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