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CONGRESS

AUTHORIZING THE ADDITION OF CERTAIN LANDS TO THE CARIBOU NATIONAL FOREST.

AUGUST 29, 1919.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. SMITH of Idaho, from the Committee on the Public Lands, submitted the following

REPORT.

[To accompany H. R. 4311.]

The Committee on the Public Lands, to whom was referred the bill (H. R. 4311) to authorize the addition of certain lands to the Caribou National Forest, have carefully considered the same and recommend its enactment with the following amendments:

Page 1, line 6, after the word "may," insert the words "with the approval of the Secretary of the Interior."

Page 1, line 7, after the word "forest," insert a comma and the word "Idaho" followed by a comma.

Page 2, line 18, change the period, after the word "meridian," to a semicolon and add:

Provided, That all lands embraced in any lawful application or entry pending at the date of the approval of this act be, and the same are hereby, excluded from the provisions of this act.

The land which it is proposed to include within the boundaries of the Caribou National Forest are mountainous in their character. They are chiefly valuable for the production of timber and the protection of stream flow and are surrounded entirely by land now in the national forest, being located in the extreme southeastern corner of the State.

The letter herewith submitted from the Secretary of Agriculture, to whom the bill was referred, explains in detail the importance of embracing the lands described within the national forest. There is also submitted a letter from the Secretary of the Interior, approving the legislation and recommending that the bill be amended as indicated requiring the approval of the Secretary of the Interior, to include these lands within the national forest after the lands are examined and classified.

DEPARTMENT OF AGRICULTURE,
Washington, June 23, 1919.

Mr. N. J. SINNOTT,
Chairman Committee on the Public Lands,

House of Representatives.

DEAR MR. SINNOTT: Receipt is acknowledged of a copy of the bill (H. R. 4311) to authorize the addition of certain lands to the Caribou National Forest, with request that your committee be furnished a report thereon.

The passage of the bill would not in itself add any lands to the Caribou National Forest. It would merely authorize the addition of such parts of certain described areas as may be found by the Secretary of Agriculture to be chiefly valuable for the production of timber or the protection of stream flow. The land so classified is to be added to the national forest by proclamation of the President, and thereafter to be subject to all laws affecting national forests.

Much of the area described in the bill, and some lands contiguous thereto, were examined by forest officers during the field season of 1916 in response to a petition for their addition submitted by local users of that land. In this connection your attention is called to the act of February 25, 1919 (Public, 256), which has similar wording and which authorized an addition to the Wyoming National Forest of certain lands in townships 29 and 30 north, range 119 west, sixth principal meridian. The act of February 25 describes the areas in Wyoming up to the Idaho State lines and which adjoin those described in the bill, H. R. II.

The report of the examiner shows that the region comprising both the lands described in the act of February 25 and those mentioned in the bill, H. R. 4311, is rough and mountainous, extending to peaks 8,000 and 9,000 feet in elevation. Very little of the land is below 7,000 feet contour. It is practically impossible to grow agricultural crops, not only because of the killing frosts which occur at that altitude during nearly all the months of the year, but the land is so rough and broken that it could not be cultivated even if the weather were not so severe. Over much of it, on the lower slopes, scattering stands of aspen occur. At the higher elevations stands of aspen and some conifers may be found on the protected slopes. The principal type of coniferous timber consists of Douglas fir. Englemann spruce, lodgepole pine, Alpine fir, and some white fir. However, the quality and location of the timber is not such as to warrant extensive logging operations as yet. Evidences of several old burns were visible to the examiner. The timber on the area is needed for the local users, principally for fuel and fencing. The petition and the report of the examiner indicate that some parts of this area, particularly to the south, are chiefly valuable for stock grazing. În its present state, as open range, there are no grazing regulations. The petitioners, who comprise most of the local users, are anxious to insure range control by the Government.

Experience of the Forest Service has demonstrated that national forest regulations, if applied to areas previously grazed without restriction, increase considerably the number of cattle which the range will support. No doubt similar benefits would result in this case. Moreover, under such regulations protection could be given the watershed so as to conserve the water needed for irrigation in the valleys below, and to prevent contamination of the water supply so essential to about 700 people below this drainage who obtain water largely from this source, much of which is used for culinary purposes.

Under the terms of this bill as now worded the Department of Agriculture would feel justified in adding to the Caribou National Forest only such lands as would be found chiefly valuable for the national forest purposes of timber production and stream flow protection. The purely range lands could not be added, although they should logically be handled as a part of the whole administrative project.

If, therefore, it is the intention of your committee that these range areas, which form a natural unit, shall be administered by this department, it is believed that the present bill should be amended by adding, at the end of line 5, on page 1, the words "or regulation and improvement of the grazing thereon." This amendment would make the bill conform to the act of March 3, 1919 (Public, 330), which your committee approved during the last Congress, authorizing the addition to the Modoc National Forest in California of certain lands largely valued for grazing purposes.

The department, therefore, would approve the bill in its present form or if amended. as suggested above.

Yours, very truly,

CLARENCE OUSLEY,
Acting Secretary..

DEPARTMENT OF THE INTERIOR,
Washington, August 2, 1919.

Hon. N. J. SINNOTT,
Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. SINNOTT: I am in receipt of your request for a report on H. R. 4311, to authorize addition to the Caribou National Forest, Idaho, of any lands found by the Secretary of Agriculture to be chiefly valuable for the production of timber or the protection of stream flow within the areas therein described by proclamation of the President.

A report on a similar bill, H. R. 12543, Sixty-fifth Congress, second session, which involved 39,830 acres of the 61,390 acres described in the present measure was submitted on October 23, 1918. The areas described in H. R. 4311 adjoin the national forest on the east, extend to the Wyoming State line and join the lands recommended for addition to the Wyoming National Forest, Wyo., under the provisions of the act of Congress approved February 25, 1919 (40 Stat., 1152). Secs. 25 and 26, T. 9 S., R. 46 E., were formerly a part of the Caribou National Forest, but excluded therefrom by proclamation of May 6, 1910, with other lands upon the recommendation of the Secretary of Agriculture, who advised that such lands were found to be not chiefly valuable for national forest purposes.

The records of the General Land Office show that 26,833 acres of the total area described in the bill are surveyed and the appropriations therein to be as follows: Final homestead entries, 2,600 acres; pending homestead entries, 5,522 acres; surveyed school sections, 1,920 acres; and that 3,320 acres are embraced in suspended homestead applications with petitions to designate, 200 acres under the 320-acre act and 3,120 acres under the 640-acre act. I have designated upon the recommendation of the Geological Survey 52,805 acres of the total area for entry under the enlarged-homestead act. I am unable to inform you at this time whether the lands involved are of the character contemplated by the 640-acre stock-raising law, as they have not as yet been classified thereunder. Examinations with a view to such classification will be made this summer in that part of the State.

Available information indicates that the areas are generally mountain grazing lands, with scattering patches of aspen and pine; that portions are crossed by Crow, Spring, Thomas, and Montpelier Creeks and their tributaries; and that there is some good agricultural land along the streams; and that some portions, particularly to the south, are chiefly valuable for grazing.

I am without information as to the necessity for the proposed legislation. While generally opposed to placing lands more valuable for agricultural uses in forest reserves, it is not very clear that these lands are more valuable for such uses, and I would interpose no objection to the legislation proposed, if additions to the forest be restricted to lands of the character contemplated by the bill in its present form. With respect to the grazing lands involved, however, this department, while not opposed to the principle of the regulation of grazing on the public lands, where it will not interfere with the full operation of the public-land laws, is of the opinion that it should be done through general comprehensive laws providing therefor rather than by placing grazing lands in forest reserves and thereby preventing any further entries under the nonmineral land laws for more than 160 acres under the act of June 11, 1906.

I inclose herein copy of my former report of October 23, 1918, on H. R. 12543, and nothing has occurred since that date to cause me to change the views therein expressed. As the lands are now public lands under the jurisdiction of this department and as the provision is usual in such measure, I suggest that the bill be further amended by inserting a comma and "with the approval of the Secretary of the Interior" after the word "may," in line 6, page 1.

Cordially, yours,

FRANKLIN K. LANE,

Secretary.

Hon. SCOTT FERRIS,

DEPARTMENT OF THE INTERIOR,
Washington, October 23, 1918.

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. FERRIS: I am in receipt of your request for report on H. R. 12543, to authorize addition to the Caribou National Forest, Idaho, of any lands found by the Secretary of Agriculture to be chiefly valuable for the production of timber or the protection of stream flow within the areas therein described, by proclamation of the President.

I have the honor to report that the two areas described in the bill adjoin the national forest, have an approximate aggregate area of 39,830 acres, and but 5,911 acres thereof are surveyed. Available information indicates that the areas are generally mountain grazing lands, with scattering patches of aspen and pine; that portions are crossed by Crow, Spring, and Thomas Creeks, and their tributaries, and there are some agricultural lands along the streams. Secs. 26 and 27, T. 9 S., R. 46 E., were formerly part of the Caribou National Forest but excluded therefrom by proclamation of May 6, 1910, with other lands, upon the recommendation of the Secretary of Agriculture, who advised that such lands were found to be not chiefly valuable for forest purposes. The records of the General Land Office show that 840 acres within the described area have been appropriated, as follows: Final homestead entries, 200 acres; pending homestead entries, 640 acres: and that 2,520 acres are embraced in suspended homestead applications with petitions to designate, 200 acres under the 320-acre homestead law, and 2,320 acres under the 640-acre law.

I have designated, upon the recommendation of the Geological Survey, 34,950 acres of the area for entry under the enlarged homestead act, described as follows: E.SE. sec. 35, T. 10 S., R. 45 E.; secs. 26 and 27, T. 9. S., R. 46 E.; secs. 6, 7, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 31, 32, 33, 34, and 35, T. 10 S., R. 46 E.; and all of T. 11 S., R. 46 E.

In view of the fact that some applications to enter lands under the homestead laws are pending, as above indicated, I suggest the advisability, if the bill be enacted, of the insertion of a clause excluding from withdrawal the lands embraced in any lawful application or entry pending at the date of the act.

Cordially, yours,

O

F. K. LANE, Secretary.

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