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| UNITED STATES 4
| DEPARTMENT or AGRICULTURE

DEPARTMENT CIRCULAR 313

Washington, D. C.

June, 1924

CONTENTS.
Page
meeneral information —2.——-—_--=-—_< 1 | Purchase units
SSE Cy i a a 6 | Act of March 1, 1911

GENERAL INFORMATION.

The act of Congress approved March 1, 1911 (36 Stat., 961),
-ereated a National Forest Reservation Commission and authorized
the acquisiticn of lands on the watersheds of navigable streams for
the purpose of conserving their navigability. -The Secretary of
Agriculture is authorized and directed to examine, locate, and recom-
mend to the commission for purchase such lands as in his judgment
may be necessary to the regulation of the flow of navigable streams,
and he is authorized to purchase, in the name of the United States,
such lands as have been approved for purchase by the National
Forest Reservation Commission at the price or prices fixed by said
commission. The full text of the law 1s to be found on page 12.

PURPOSE OF THE LAW.

The primary purpose of this law is to secure the maintenance of
a perpetual growth of forest on the watersheds of navigable streams
where such growth will materially aid in preventing floods, in reduc-
ing the periods of low water, in preventing erosion of steep slopes
and the silting up ef the river channels, and thereby improve the
conditions for navigation.

INCIDENTAL BENEFITS.

While the improvement of the flow of navigable streams 1s the
fundamental purpose, other benefits incidental in character but never-
theless important will be kept in view. Among these are (1) pro-
tection against disastrous erosion cf the soil on mountain slopes and
against the destruction of the soil and soil cover by forest fires: (2)
preservation of water powers, since, like navigation, they depend for
87030—24

2 Depariment Circular 3513, U. S. Dept. of Agriculture.

their value upon the evenness of stream flow; (8) preservation of the
purity and regularity of flow of the mountain streams, with a view
to their use for the water supply of towns and cities; (4) continuance
of a timber supply to meet the needs of the industries of the country;
(5) preservation cf the beauty and attractiveness of the lands for
the recreation and pleasure of the people.

The United States Geological Survey is charged with the re-
sponsibility of determining whether the control of lands in a given
watershed will have a beneficial effect on the flow of streams.

USE OF THE LANDS BY THE PUBLIC.

The lands acquired by the Government under this law have been
proclaimed as national forests by the President. The forests are
opened for the legitimate use of the public.

Timber is sold, if it can be spared, under contracts designed to per-
mit the havesting of the mature timber and to provide for succeed-
ing timber crops. Protection against fire and trespass is intensively
organized. Permits are issued for the grazing of livestock and for
legitimate business enterprise. The public is invited to enjoy the
recreational advantages offered on acquired lands. The forest super-
visors will furnish necessary information as to the manner in which
the resources may be utilized.

The police powers of the State remain intact. Hunting and fish-
ing under authority of State laws may be enjoyed except where game
refuges have been created by the Federal Government with a delega-
tion of authority by the States in which they are situated. General
Federal game laws and treaties, laws, and regulations relating to
migratory birds of course apply on the national forests.

RESTRICTIONS.

Aside from its application to the watersheds of navigable streams,
the law is not restricted to particular regions, except that lands may
be purchased only in the States whose legislatures have consented to
the acquisition of such lands by the United States for the purpose of
preserving the navigability of streams. The States which have
passed such legislation and in which purchases are now contemplated .
are: Maine, New Hampshire, Pennsylvania, Virginia, West Virginia,
Kentucky, North Carolina, Tennessee, South Carolina, Georgia,
Alabama, and Arkansas.

The sources of the navigable streams which have their origin
in the Rocky Mountains or the mountains nearer the Pacific coast
are already to a large extent protected by national forests. ‘The
Adirondack and Catskill Mountains are protected by the State of
New York. The Appalachian Mountains, including the White Moun-
tains, are still to a considerable extent without such protection. Be-
cause of their altitude, steepness, and lack of protection, they are in
a class by themselves in their need for the action authorized under

this law.
WHAT LANDS SHOULD BE ACQUIRED.

The area needing protection in the Appalachians is very large,
larger than the area which need be acquired, because the region can
undoubtedly be fullv protected and put on a substantial basis of tim-

Purchase of Land for National Forests. 3

ber production without the ownership of the entire area by the .
Federal Government. Fortunately, conditions within the region
generally indicate with sufficient clearness what lands the Govern-
ment should acquire. Much difference exists in the character of the
lands in different parts of the region. Mountains are higher, slopes
steeper, rainfall heavier, and the soil more easily washed in some
sections that in others.
PURCHASE UNITS.

In a number of localities where such conditions prevail with
marked intensity, purchase units have been designated. These units
are described on pages 6 to 12 of this circular. Examinations of

_ lands with a view to purchase will at present be made only within

them.

The areas which have been so designated contain from 80,000 to
1,000,000 acres each. It is not expected that all the lands within
any unit will be acquired. Many small bodies of land more valuable
for agriculture or for other purposes than for timber growing are
meluded. These will not be purchased. Furthermore, not all the
mountainous nonagricultural land will be required to carry out the

present plans of the Government. Although it is not necessary
| to acquire all of any unit where purchases are to be made, a compact
_ body of sufficient size to justify the employment of men for protec-
_ tion and administration must be secured. If only small and isolated

tracts can be obtained, it will not be advisable to undertake purchases.
CLASSES OF LAND DESIRED.

Lands of the following classes will be considered for purchase
when they lie within a designated unit: (1) Culled lands or cut-
over lands which are unburned; (2) timbered lands, including both
land and timber; or the land, with the timber reserved to the owner
under rules of cutting to be agreed upon at the time of sale: or,
when the timber rights are outstanding in a third party, the timber
to be removed in a manner which is acceptable to the Secretary of
Agriculture; (3) brush land, not bearing merchantable timber in
quantity but covered with a growth of brush which is useful for
watershed protection, and burned land, whether covered with young
timber growth or not; (4) abandoned farm land, whether remain-
ing cleared or partly covered by timber growth. Good agricultural

lands will not be considered.

A bond may be required if the timber rights are reserved before
cutting begins, in order to secure the proper compliance with the
cutting regulations.

MINERAL RESERVATIONS.

If a mine has been developed, or if valuable mineral deposits
are known to exist, the right to remove such deposits may be re-
served to the owner, under conditions to be agreed upon, such condi-
tions to be incorporated in the written instrument of conveyance.
Lands, however, will not be recommended for purchase subject to
mineral reservations if there is no satisfactory evidence of the pres-
ence of minerals of value, notwithstanding the very general custom
in many mountain sections of reserving all or a portion of the min-

_ . .
eral rights merely on the prospect that something valuable may

‘
a

4 Department Circular 313, U. S. Dept. of Agriculture.

sometime be discovered. If reservations are made, it will be neces-
sary for a bond to be given to protect the interest of the Govern-
ment before prospecting and mining can begin. As a rule, mineral
reservations will be limited, subject to extension if active and con-
tinuous development of the mineral resources is in progress.

Lands may also be acquired subject to mineral rights outstanding
in third parties if the terms of the easement are not objectionable.

ONLY REASONABLY PRICED LANDS CONSIDERED.

Lands offered at exorbitant prices will not be considered. The
holding of land at excessive prices in any of the purchase units will
prevent the Government from undertaking purchases within them.
Burned and brush lands are considered for purchase only at a rela-
tively low price, as it may require a long period of protection or even
the necessity of planting before it will be possible to reestablish a
forest and secure returns from the property. As the Government
does not acquire the full use of the land, if the timber is reserved or
if the timber rights are outstanding in third parties, until the timber
is completely removed, and furthermore, as the Government affords
protection from fire to such timber, lands subject to timber rights are
considered for purchase only at substantially lower prices than lands
which immediately come into full possession of the United States.

NO RESTRICTION AS TO SIZE OF TRACT.

Proposals will be received for small as well as for large tracts
within the areas designated, but small tracts will be examined only
if they adjoin or are near lands owned by the Government, or if the
aggregate of all tracts offered for sale is sufficient to justify an ex-
amination.

HORIZONTAL SURVEY.

Lands will be purchased only on the basis of an accurate survey
by horizontal measurement and at a specified rate per acre. A pro-
posal on the basis of a lump-sum price for the tract can not be con-

sidered.
NOT NECESSARY TO SELL THROUGH AN AGENT.

The right of any landowner to deal through an agent is, of course,
recognized. The placing of lands in agents’ hands, however, is
unnecessary, as usually agents can give no practical assistance,
and the Secretary of Agriculture, in making purchases, desires to
deal directly with owners wherever practicable, regardless of the size
of the tract. Optioned lands will not be considered.

PROCEDURE IN MAKING PURCHASES.

In general the procedure in making purchases will be as follows:

(1) The filing of proposal for sale of land by the owner or owners.

(2) Examination and appraisal by the Forest Service. This ex-
uinination will usually include a careful survey of whatever timber
is standing upon the tract, an appraisal of the value of the tract as
a whole, and the determination of its importance in regulating the
flow of navigable streams.
(3) Negotiations with the owner. When an agreement as to price
and other conditions of sale is reached, the owner will be asked to

Purchase of Land for National Forests. 5

tional Forest Reservation Commission to consider and take action
upon it.

(4) Approval of the land for purchase and the fixing of the price
to be paid for it by the National Forest Reservation Commission.
Approval for purchase is given only after recommendation has been
made by the Secretary of Agriculture on the basis of the field ex-
_ amination and a tentative agreement as to terms.

(5) Execution of purchase contract.

(6) Unless the tract is very small and represents a small total
value, the owner is required to furnish a complete abstract of title.

(7) Boundary survey of nonsectionized land is made by the For-
est Service and at the expense of the United States. The Land Office
survey of sectionized land is accepted.

(8) Examination of title by the title examiner and report by the
Attorney General on the condition of the title.

(9) Initiation of condemnation proceedings when such action is
necessary to perfect title.

(10) Actual conveyance of the title of the land by the owner to
the Government and payment therefor.

The time required for carrying through these steps, from the ap-
proval of a tract by the National Forest Reservation Commission to
_ the report on the title by the Attorney General, is ordinarily from
_ three months to a year.

USE OF CONDEMNATION PROCEEDINGS.

It will be noted by reference to section 8 of the Weeks Law (p. 13)
that ** * * no payment shall be made for any lands until the
_ title shall be satisfactory to the Attorney General * * *.” Under
_ this requirement only legally safe titles can be accepted for pur-
chase. Several classes of titles, usually considered merchantable
and sufficiently good for ordinary commercial purposes, are not
considered sufficiently safe within the meaning of this law by the
; Attorney General, and titles not approved by the Attorney General
can be acquired by the Government only through the right of emi-
_ihent domain. As a general rule, condemnation proceedings under
this right will be undertaken by the Government only with the assent
of the claimant to or the apparent owner of the major title, and if
an agreement with him as to the value of the land to be acquired has
been reached.
. If the land desired is to be acquired through the right of eminent
domain, the general procedure is for the Government, through the
t Department of Justice, to institute condemnation proceedings for
_ its acquisition in the Federal court of the district in which such land
is situated. Commissioners are appointed by the court to appraise
the value of the land and. upon rendition by them to the court of
report and award and the issuance by the court of an order for pay-
; ment of award. the United States deposits into the registry of the
au the amount of commissioners’ award. which amount, upon
confirmation of the report and award, is distributed by order and
under the supervision of the court. An appeal from the award of
the commissioners is generally available to the claimant as well as

_ give an option on the tract for a sufficient period to allow the Na-

)

6 Department Circular 313, U. S. Dept. of Agriculture.

to the United States, and such appeals are heard before a Federal ]
court. |
The time required for condemnation proceedings varies, being de-
pendent on the size of the tract under condemnation, the number
of persons in interest, and the rapidity with which the appraisal |
by commissioners and confirmation by the court can be had. It is |
probable that from six months to a year will be required. The
cost of the procedure is borne by the United States, the owners of
the land being required to incur only such expense as may be neces- |
sary to establish their interests in the property and their right to |
consideration in the distribution of the award.

PROPOSALS INVITED.

The units roughly designated in the following descriptions are |
those within which proposals are at present invited. Lands chiefly |
valuable for agriculture are not desired, and if such occur within
the units described, they will not be recommended for purchase un-
less they are present in such small scattered areas that their ex-
clusion would be impracticable. A blank form to be used in making
a proposal of land may be had on application to the District Forester,
Forest Service, Washington, D. C., or to the nearest supervisor.
The blank should be accurately and fully filled out and mailed, se-
eurely sealed in the envelope. If possible, a map showing the bound-
ary and location of the tract should be submitted with the proposal.

If no headquarters are given for a purchase unit, lands are not at
present being considered for purchase. Unless otherwise stated, the
purchase unit forms a portion of the National Forest of the same |

name.
PURCHASE UNITS.

WHITE MOUNTAIN UNIT, NEW HAMPSHIRE AND MAINE.

Lands in New Hampshire situated in Coos County, on the Carter-
Moriah Range of mountains in the townships of Shelburne and
Gorham, on the Presidential Range in the townships of Gorham and
Randolph, on Cherry Mountain and the Dartmouth range in the
township of Carroll, in the Low and Burbank grant, Thompson and
Meserve purchase, Bean purchase, Martin location, Green grant,
Pinkham grant, Bean grant, Crawford purchase, Chandler purchase;
Cutts grant, Sargent purchase, and Hadley purchase; lands in
Grafton County on the Franconia range of mountains, the Little
River Mountains, and the Rosebrook Mountains in the township of
Bethlehem; the Franconia range of mountains in the townships of
Franconia and Easton; on Mount Moosilauke, Mount Kineo, and
Mount Carr in the township of Warren; on Mount Carr in the town-
ships of Wentworth and Rumney, and Black Hill and Mount Kineo
in the township of Ellsworth; in the township of Woodstock; lands
east of the Pemigewasset River in the township of Thornton; and
lands in the townships of Benton, Waterville, Lincoln, and Liver-
more; lands in Carroll County, in Harts location; in the townships
of Chatham, Jackson, Bartlett, and Albany, and on the Sandwich
and Squam range of mountains in the townships of Sandwich and
Campton and a small portion of Tamworth; and lands in Maine

Purchase of Land for National Forests. 7

of Albany, Bethel, Gilead, Mason, Stow, and Stoneham.
Headquarters, Gorham, N. H.

Androscoggin Division, New Hampshire aud Maine.

Lands in New Hampshire situated in Coos County, including the
northern portion of the town of Shelburne, the northeastern portion
of the town of Gorham, the southeastern portion of Berlin, the entire
town of Success, the northeastern portion of Milan, and the south-
eastern portion of the town of Cambridge; lands in Maine situated
in Oxford County, including the northern portion of the town of
Gilead, all of the town of Riley with the exception of the farming
lands in the northeastern portion, lands on Black Mountain, Sunday
River, White Cap, and Great Lodge in the town of Newry, the south-
ern portion of the town of Grafton, the southern portion of Andover,
West Surplus and lands on Long Mountain and adjacent slopes in
the town of Andover. No purchases have been authorized in this
division.

Headquarters. Gorham, N. H.
Kilkenny Division, New Hampshire.

Lands in New Hampshire situated in Coos County, including the
northern portion of the town of Randolph, the northeastern portion
of the town of Jefferson, all of the town of Kilkenny, a small part
of the eastern portion of the town of Lancaster, that portion of the
town of Stark lying south of the upper Ammonoosuc River and the
Grand Trunk Railway, the western portion of the town of Milan, the
western half of the town of Berlin, and the northwestern part of the
town of Gorham.

Headquarters, Gorham, N. H.

ALLEGHENY UNIT, PENNSYLVANIA.

The western portion of McKean County; portion of Warren
County to the east of Allegheny River; all of Forest County except
Harmony and Tionesta Townships; Elk County, west of Clarion
River.

Headquarters, Warren, Pa.

YOUGHIOGHENY UNIT, MARYLAND.

Lands in Maryland situated in Garrett County on the main water-
shed of the Youghiogheny River between the towns of Oakland and
Friendsville, west of Hooppole Ridge and Negro Mountain. No pur-
chases have yet been authorized in this unit.

MONONGAHELA UNIT, WEST VIRGINIA AND VIRGINIA.

Lands in West Virginia situated in Tucker County; in Randolph
County, east of Greenbrier River above Elkins; in northern Pocahon-
tas County, between the North Fork of the Potomac and the Green-
brier Rivers, and north of Durbin; Pendleton County, west of the
North Fork of the Potomac River; a small part of southwestern
Grant County, west of the North Fork of the Potomac River: lands

:

situated in Oxford County in Batchelders grant in the townships .

Rg Department Circular 315, U. S. Dept. of Agriculture.

in Virginia situated in Highland County, north of Redoak Knob |}
and west of Straight Run.
Headquarters, Elkins, W. Va.

POTOMAC UNIT, VIRGINIA AND WEST VIRGINIA.

Lands in Virginia situated in Frederick County, south of Duck
Run and west of Star Tannery and Gravel Spring: in Shenandoah
County, west of Fetzer Gap, Columbia Furnace, Liberty Furnace,
and Orkney Springs; lands in West Virginia situated in Hardy
County, east of Lost River and south of “Wardensville and along
the Great North Mountain to the county line between Hardy and
Hampshire Counties; in Hampshire County, on the Great North
Mountain south of the road from Star Tannery, Va., to Capon
Springs, W. Va. The Potomac Unit is administered as a part of the
Shenandoah National Forest.

Headquarters, Harrisonburg, Va.

SHENANDOAH UNIT, VIRGINIA AND WEST VIRGINIA

Lands in Virginia situated in Rockingham County, south of Doves-
ville and west of Fulks Run, Little Mountain, and Rawley Springs;
in Augusta County, west of Sangerville, Stribling Springs, and Calf
Pasture River; in Rockbridge “County, west of the Calf Pasture
River and north of Mill Mountain; in Bath County, east of the
Cow Pasture River; in Highland County, east of Cow Pasture
River and Shaws Fork; lands in West Virginia situated in Pendle-
ton County, east of Brushy Run and the South Fork of the Potomac.

Headquarters, Harrisonburg, Va.

MASSANUTTEN UNIT, VIRGINIA.

Lands in Virginia situated in Rockingham, Shenandoah, Warren,
and Page Counties, between the North and South Forks of Shen-
andoah “River, comprising in general Massanutten Mountain north
of McGaheysville post office and south of Waterlick post office. This
unit is administered as a part of the Shenandoah National Forest.

Headquarters, Harrisonburg, Va.

NATURAL BRIDGE UNIT, VIRGINIA.

Lands in Virginia situated in northern Bedford County on the
Blue Ridge and outlying mountains: in Botetourt County east of
Buchanan and south of the James River: in Rockbridge County
south of the James River; and southeast of the South River, and |
east of Buena Vista, Midvale, and Vesuvius; in the southern por- |
tion of Augusta County, south of Bare Mountain and Kennedy
Mountain, and west of Torry Mountain; in Nelson County, west of
the highway leading from Hight to Tyro, and west of the Priest
Mountains; in the west part of Amherst County, west of Piney Moun-
tain and Panther Mountain, Forks of Buffalo, Banks, Mountain, Big
Island post office, on the watershed of the James River.

Headquarters, Lynchburg, Va.

WHITE TOP UNIT, TENNESSEE AND VIRGINIA.

Lands in Tennessee situated in Sullivan, Johnson, and Carter
Counties; and lands in Virginia situated in Washington, Smyth,

Purchase of Land for National Forests. s)

the Iron and Holston Mountains.
Headquarters, Bristol, Tenn.

UNAKA UNIT, TENNESSEE AND NORTE CAROLINA.

Lands in Tennessee situated in Carter County, on the watershed
of the Watauga River west of Elk Creek, and on the watershed of
Doe River south of Valley Forge: in Unicoi County, on the water-
shed of the Nolichucky River: in Washington County, on the water-
shed of the Nolichucky River, along the northern foothills of the
Cherokee and Bald Mountains to the Greene County line: in Greene
and Cocke Counties following the northern foothills of the moun-
tains to the mouth of Long Creek, where it empties into the French
Broad River, and up the French Broad River to the North Carolina-
Tennessee State line: lands in North Carolina situated in Madison
County on the watershed of the French Broad River west of the
road from Stackhouse to Allen Stand, north of Big Laurel Creek
from Big Laurel to Windy Gap: in Yancey County, on the water-
shed of the Toe River north and west from Bald Creek and Cane
River; in Mitchell County, on the watershed of Toe River north of
the road from Huntdale to Glen Ayre. This unit is administered
as a part of the White Top National Forest.

Headquarters. Bristol, Tenn.

YADKIN UNIT, NORTH CAROLINA.

Lands in North Carolina situated in Wilkes. Caldwell, and
Watauga Counties, on streams flowing into the Yadkin River from
the north, and lying west of the post offices of Elkville, Ready-
branch, Purlear, Mulberry, and Halls Mills. No purchases have
been authorized in this unit.

MOUNT MITCHELL UNIT, NORTH CAROLINA.

Lands in North Carolina situated in Buncombe County on the
Great Craggy Mountains; in Yancey County, on the Black Mountains
and South Toe River watershed south of the post office of Micaville;
in McDowell County, north of the main branch of the Catawba River
and west of the road from Tom Creek to Gillespie Gap: and in
southwestern Mitchell County, south of Brush Creek and west of
Mica post office. The Mount Mitchell unit is administered as a part
of the Pisgah National Forest.

Headquarters, Asheville, N. C.

BOONE UNIT, NORTH CAROLINA.

Lands in North Carolina situated in McDowell County, on the
watershed of the North Fork of the Catawba River north of Bald
Mountain and Bald Knob and east of the road from Tom Creek to
Gillespie Gap; in Mitchell County between Brushy and Rose Creeks,
and north of the post office of Saginaw and east of Sugar Mountain;
in Burke County, on the watershed of Linville River, Table Rock
Creek, Steel Creek, and Upper Creek from the Mitchell County line
south to the foothills: in Watauga County, on the watershed of the

Watauga River from Hanging Rock to the Yonahlossee Road: in
Caldwell County. on the w atershed of Johns River west of the road

Grayson, and Wythe Counties, and comprising the main ranges of |

—es
aaa «| 4

a ene
——— me es ee |

10 Department Circular 313, U. S. Dept. of Agriculture.

from Lenoir to Blowing Rock and north of the road from Patterson
to Joy. The Boone Unit is administered as a part of the Pisgah
National Forest.

Headquarters, Asheville, N. C.

PISGAH UNIT, NORTH CAROLINA.

Lands in North Carolina situated in Jackson County north of
Little Hogback Mountain, Laurel Mountain, Sheep Cliff, and Short-
off Mountain, and east of Buck Knob, East Laport post office, and
Carver Mountain, and south of the Asheville & Murphy branch of the |
Southern Railroad; in Haywood County south of Pinnacle Knob, }
Snaggy Ridge, Beatty Knob, and the post offices of Three Forks,
Cecil, Retreat, and Cruso; in Buncombe County south of Dunsmore
post office and Young Pisgah Mountain and Stradley Mountain; and
west of Chestnut Mountain; in Henderson County west of Seniard
Mountain and Buck Knob; and in Transylvania County north of the
Hendersonville & Lake Toxaway branch of the Southern Railroad to
mouth of North Fork of French Broad River, south of Flat Creek,
and north of Lake Toxaway.

Headquarters, Asheville, N. C.

NANTAHALA UNIT, NORTH CAROLINA.

Cheoah River Division, North Carolina.

South of the Little Tennessee River in Graham County. This |
division of the Nantahala Unit is administered as a part of the |
Pisgah National Forest. |

Headquarters, Asheville, N. C.

Nantahala Mountain Division, North Carolina and Georgia.

Lands in North Carolina situated in Swain County west of Little
Tennessee River; in Macon County on the Nantahala Mountains and ©
the watershed of the Nantahala River; in Clay County on Valley
River Mountains, Tusquitee Mountain, Vineyard Mountain, and
Chunky Gal Mountain: in Cherokee County on Valley River Moun-
tains, Snowbird Mountains, and Unaka Mountains; lands in Georgia
situated in Rabun County on the watershed of Betty Creek. Admin- —
istered as a portion of the Savannah National Forest.

Headquarters, Franklin, N. C.

CHEROKEE UNIT, TENNESSEE.

Lands in Tennessee situated in Monroe County, éomprising Starr |
Mountain, Cotaska Mountain, Tellico Mountain and lands south and |
east of Salt Springs Mountain and Sassafras Mountain, on the
watershed of Tellico River; in McMinn County on the west slope of —
Starr Mountain; in Polk County, east of Wetmore, Benton, Parkes- —
ville, and Conesauga and west of the Louisville & Nashville Rail-
road between Copperhill and Apalachia Station. The Cherokee —
Unit is administered as a portion of the Cherokee National Forest.

Headquarters, Athens. Tenn.

Purchase of Land for National Forests. 11

SAVANNAH UNIT, GEORGIA, SOUTH CAROLINA, AND NORTH CAROLINA.

Lands in Georgia situated in Rabun County on the watershed of
the Chattooga River, lying east of Dillard and Screamer Mountain,
south of Rainy Mountain, and east of Tallulah Falls, and lands on
the watershed of Little Tennessee River on the headwaters of Mud
and Mili Creeks; on the watershed of Tallulah River, west of Keener
Gap and Tiger Mountain, and north of Pigeon Mountain; in Haber-
sham County. on the watershed of the Soque River, north of Seed
post office and Yellow Mountain; lands in South Carolina situated
in Oconee County on the watersheds of the Chattooga and Chauga
Rivers, including Chattooga Ridge, Pine Mountain, Longnose Moun-
tain, Rich Mountain, and Poor Mountain, and lying west of Tomas-
see Knob and south of Persimmon Mountain; in Pickens County
on the watershed of Keowee River, north of the mouth of Toxaway
River, and west of Horse Mountain, Rocky Mountain and Indian
Camp Mountain; lands in North Carolina situated in Transylvania
County, on the Savannah River watershed: in Jackson County, on
wie watersheds of Horsepasture and Chattooga Rivers: in Macon
County, on the watershed of the Cullasagee River east of Cullasgee,
and on the watershed of Little Tennessee River east of Otto.

Headquarters, Franklin, N. C.

SMOKY MOUNTAIN UNIT, NORTH CAROLINA AND TENNESSEE.

Lands in North Carolina situated in Haywood County north and
west of Jonathan Creek: in Swain County north of the Little Ten-
aessee and Tuckasegee. Rivers; lands in Tennessee situated in Cocke
County south of Denny Mountain and Big Pigeon Rivers: in Sevier
County south of the road from Jones Cove to Richardson Cove to
Gatlinburg: Cove Mountain and its outlying spurs: the mountains
west of Wears Valley: Chilhowie Mountain; in Blount County the
lands situated on and to the east of Chilhowie Mountain. No pur-
chases have been made on this unit.

GEORGIA UNIT, GEORGIA AND NORTH CAROLINA.

Lands in Georgia situated in White County. on the watershed of
the Chattahoochee River, north of Grimes Nose and Loudsville post
office: in Lumpkin County, on the watershed of the Chestatee River,
north of Buzzard Mountain and Cedar Mountain; in Fannin and
Gilmer Counties, on the watershed of Toccoa River north of Springer
Mountain, east of Doublehead Gap, Stock Hill, Skeenah, and Wilscot,
in Union County, on the watershed of the Toccoa and Nottely Rivers,
south of Skeenah Gap, Hicks Gap, and Reed Mountain, and east of
Biairsville, including Ivylog and Gumlog Mountains: in Towns
County. on the watershed of the Hiwassee River, south of Gumlog,
Brasstown Gap, and Osborn, and east of Hunt: Iands in North
Carolina situated in Clay County, on the watershed of Tallulah
River and lands lying south of Shooting Creek.

Headquarters, Athens, Tenn.

ALABAMA UNIT.

Lands in Alabama situated in townships 7 and § south, ranges 6,
. 8, and 9 west, in Lawrence County: and lands situated in town-
ship 9 south, ranges 6, 7, 8, and 9, and sections 1, 12, and 13, range

~

12 Department Circular 313, U. S. Dept. of Agriculture.

10 west, in Winston County; land in the eastern tier. of sections,
townships 7 and 8 south, range 10 west, in Franklin County.
Headquarters, Moulton, Ala.

OZARK UNIT, ARKANSAS.

Lands in Arkansas within the boundaries of the Ozark National
Forest, being within the counties of Baxter, Stone, Pope, Searcy,
Newton, Johnson, Franklin, Crawford, and Washington. _

Headquarters, Russellville, Ark.

ARKANSAS UNIT, ARKANSAS.

Lands in Arkansas within the boundaries of the Arkansas National
Forest, being within the counties of Perry, Saline, Garland, Mont-
gomery, Pike, Howard, Polk, Yell, Logan, Sebastian, and Scott.

Headquarters, Hot Springs National Park, Ark.

ACT OF MARCH 1, 1911.

(36 Stat., 961.)
THE WEEKS LAW.

AN ACT To enable any State to cooperate with any other State or States, or with the

United States, for the protection of the watersheds of navigable streams, and to appoint

a commission for the acquisition of lands for the purpose of conserving the nayigability

of navigable rivers.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That the consent of the Congress of the
United States is hereby given to each of the several States of the Union to enter
into any agreement or compact, not in confiict with any law of the United
States, with any other State or States for the purpose of conserving the forests
and the water supply of the State entering into such agreement or compact.

Sec. 2. That the sum of two hundred thousand dollars is hereby appropriated
and made available until expended, out of any moneys in the National Treasury
not otherwise appropriated, to enable the Secretary of Agriculture to coop-
erate with any State or group of States, when requested to do so, in the protec-
tion from fire of the forested watersheds of navigable streams; and the Secre-
tary of Agriculture is hereby authorized, and on such conditions as he deems
wise. to stipulate and agree with any State or group of States to cooperate in
the organization and maintenance of a system of fire protection on any private
or State forest lands within sucli State or States and situated upon the water-
shed of a navigable river: Provided, That no such stipulation or agreement
shall be made with any State which has not provided by law for a system of
forest-fire protection: Provided further, That in no case shall the amount ex-
pended in any State exceed in any fiiscal year the amount appropriated by
that State for the same purpose during the same fiscal year.

Sec. 3. That there is hereby appropriated, for the fiscal year ending June
thirtieth, nineteen hundred and ten, the sum of one million dollars, and for
each fiscal year thereafter a sum not to exceed two million dollars for use in
the examination, survey, and acquirement of lands located on the headwaters of
navigable streams or those which are being or which may be developed for
navigable purposes: Provided, That the provisions of this section shall expire
by limitation on the thirtieth day of June, nineteen hundred and fifteen.

Sec. 4. That a commission, to be known as the National Forest Reservation
Commission, consisting of the Secretary of War, the Secretary of the Interior,
the Secretary of Agriculture, and two members of the Senate, to be selected by
the President of the Senate, and two members of the House of Representatives.
to be selected by the Speaker, is hereby created and authorized to consider and
pass upon such lands as may be recommended for purchase as provided in sec-
tion six of this Act, and to fix the price or prices at which such lands may be

Purchase of Land for National Forests. 13

purchased, and no purchases shall be made of any lands until such lands have
been duly approved for purchase by said commission: Provided, That the mem-
bers of the commission herein created shall serve as such only during their in-
cumbency in their respective official positions, and any vacancy on the commis-
sion shall be filled in the manner as the original appointment.

_ Sec. 5. That the commission hereby appointed shall, through its president,
annually report to Congress, not later than the first Monday in December. the
operations and expenditures of the commission in detail during the preceding
fiseal year. ;

Sec. 6. That the Secretary of Agriculture is hereby authorized and directed
to examine, locate, and recommend for purchase such lands as in his judgment
may be necessary to the regulation of the flow of navigable streams, and to
report to the National Forest Reservation Commission the results of such ex-
aminations: Provided, That before any lands are purchased by the National
Forest Reservation Commission said lands shall be examined by the Geological
Survey and a report made to the Secretary of Agriculture, showing that the
contre! of such lands will premote or protect the navigation of streams on
whose watersheds they lie.

Sec. 7. That the Secretary of Agriculture is hereby authorized to purchase
in the name of the United States, such lands as have been approved for pur-
chase by the National Forest Reservation Commission at the price or prices fixed
by said commission: Provided, That no deed or other instrument of conveyance
shall be accepted or approved by the Secretary of Agriculture under this Act
until the legislature of the State in which the land lies shall have consented to
the acquisition of such land by the United States for the purpose of preserving
the navigability of navigable streams.

secure the safe title in the United States to the lands to be acquired under this
Act, but no payment shall be made for any such lands until the title shall be
satisfactory to the Attorney General and shall be vested in the United States.

Sec. 9. That such acquisition may in any case be conditioned upon the excep-
tion and reservation to the owner from whom title passes to the United States
of the minerals and of the merchantable timber, or either or any part of them,
within or upon such lands at the date of the conveyance, but in every case such
exception and reservation and the time within which such timber shall be re-
moved and the rules and regulations under which the cutting and removal of
such timber and the mining and removal of such mineral shall be done shall
be expressed in the written instrument of conveyance, and thereafter the min-
ing. cutting, and removal of the minerals and timber so excepted and reserved
shall be done only under and in obedience to the rules and regulations so ex-
pressed,

Sec. 10. That inasmuch as small areas of land chiefly valuable for agriculture
may of necessity or by inadvertence be included in tracts acquired under this
Act, the Secretary of Agriculture may, in his discretion, and he is hereby au-
thorized, upon application or otherwise, to examine and ascertain the location
and extent of such areas as in his opinion may be occupied for agricultural
purposes without injury to the forests or to stream flow and which are not
needed for public purposes. and may list and describe the same by metes and
bounds, or otherwise. and offer them for sale as homesteads at their true value,
to be fixed by him, to actual settlers, in tracts not exceeding eighty acres in
area, under such joint rules and regulations as the Secretary of Agriculture
and the Secretary of the Interior may prescribe: and in case of such sale the
jurisdiction over the lands sold shall, ipso facto, revert to the State in which
the lands seld lie. And no right, title, interest. or claim in or to any lands
acquired under this Act, or the waters thereon, or the products, resources, or
use thereof after such lands shall have been so acquired, shail be initiated or
pertected, except as in this section provided.

Sec. 11. That, subject to the provisions of the last preceding section, the lands
acquired under this Act shall be permanently reserved, held, and administered as
national forest lands under the provisions of section twenty-four of the Act ap-
proved March third, eighteen hundred and ninety-one (volume twenty-six
Statutes at Large, page eleven hundred and three), and Acts supplemental to
and amendatory thereof. And the Secretary of Agriculture may from time to
time divide the lands acquired under this Act into such specific national forests
and so designate the same as he may deem best for administrative purposes.

Sec. 12. That the jurisdiction, both civil and criminal, over persons upon the
lands acquired under this Act shall not be affected or changed by their per-

Sec. 8. That the Secretary of Agriculture may do all things necessary to

eo

14. Department Circular 313, U. S. Dept. of Agriculture.

manent reservation and administration as national forest lands,. except so far
as the punishment of offenses against the United States is concerned, the in-
tent and meaning of this section being that the State wherein such land is—
situated shall not, by reason of such reservation and administration, lose its
jurisdiction nor the inhabitants thereof their rights and privileges as citizens ©
or be absolved from their duties as citizens of the State. |
1Src. 18. That five per centum of all moneys received during any fiscal year
from each national forest into which the lands acquired under this Act may
from time to time be divided shall be paid, at the end of such year, by the
Secretary of the Treasury to the State in which such national forest is situated,
to be expended as the State legislature may prescribe for the benefit of the
public schools and public roads of the county or counties in which such national
forest is situated: Provided, That when any national forest is in more than one
State or county the distributive share to each from the proceeds of such forest
shall be proportional to its area therein: Provided further, That there shall
not be paid to any State for any county an amount equal to more than forty
per centum of the total income of such county from ell other sources.

Sec. 14. That a sum sufficient to pay the necessary expenses of the commis-
sion and its members, not to exceed an annual expenditure of twenty-five
thousand dollars, is hereby appropriated out of any money in the Treasury not
otherwise appropriated. Said appropriation shall be immeditelyv available,
and shall be paid out on the audit and order of the president of the said com-
mission, which audit and order shall be conclusive and binding upon all depart-
ments as to the correctness of the accounts of said commission.

Approved, March 1, 1911.

Amendment increasing the proportion of receipts from national forests to be expended by
the States.

Act of June 30, 1914 (38 Stat., 415.)

That section thirteen of the Act entitled “An Act to enable any State to
cooperate with any other State or States, or with the United States, for the pro-
tection of the watersheds of navigable streams, and to appoint a commission
for the acquisition of lands for the purpose of conserving the navigabliity of
navigable rivers,” approved March first, nineteen hundred and eleven (Thirty-
sixth Statutes at Large, page nine hundred and sixty-three), is hereby amended
by striking out the word “five” in the first line of said section, and inserting
in lieu thereof the word ‘‘ twenty-five.”

Amendment relating to outstanding easements.
Act of March 4, 1913.

That section nine of the Act of March first, nineteen hundred and eleven
(Thirty-sixth Statutes, page nine hundred and sixty-one), entitled ‘‘An Act to
enable any State to cooperate with any other State or States, or with the
United States, for the protection of the watersheds of navigable streams, and to
appoint a commission for the acquisition of lands for the purpose of conserving
the navigability of navigable rivers,” be amended to read as follows:

“That such acquisition by the United States shall in no case be defeated
because of located or defined rights of way, easements, and reservations, which
from their nature will, in the opinion of the National Forest Reservation Com-
mission and the Secretary of Agriculture, in no manner interfere with the use
of the lands so encumbered, for the purposes of the Act: Provided, That such
rights of way, easements, and reservations retained by the owner from whom
the United States receives title, shall be subject to the rules and regulations
prescribed by the Secretary of Agriculture for their occupation. use, opera-
tion, protection and administration, and that such rules and regulations shall
be expressed in and made part of the written instrument conveying title to
the lands to the United States; and the use occupation, and operation of such
rights of way, easements and reservations, shall be under, subject to. and in
obedience with the rules and regulations so expressed.”

1See amendment of June 30, 1914.