2003 Revised Admin History – Chapter Three Crater Lake Administered by General Land Office 1893-1902

PUBLIC AND PRIVATE USES.

7. It is further provided, that—

Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of such reservations, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations.

The settlers residing within the exterior boundaries of such forest reservations, or in the vicinity thereof, may maintain schools and churches within such reservation, and for that purpose may occupy any part of the said forest reservation, not exceeding 2 acres for each schoolhouse and 1 acre for a church.

All waters on such reservations may be used for domestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder.

8. The public, in entering, crossing, and occupying the reserves, for the purposes enumerated in the law, are subject to a strict compliance with the rules and regulations governing the reserves.

9. Private wagon roads and county roads may be constructed over the public lands in the reserves wherever they may be found necessary or useful, but no rights shall be acquired in said roads running over the public lands as against the United States. Before public timber, stone, or other material can be taken for the construction of such roads, permission must first be obtained from the Secretary of the Interior. The application for such privilege should describe the location and direction of the road, its length and width, the probable quantity of material required, the location of such material and its estimated value.

10. The permission to occupy public lands in the reserves for schoolhouses and churches, as provided for in the law, is merely a privilege, and is subject to any future disposition that may be made of such tracts by the United States.

11. The right of way in and across forest reservations for irrigating canals, ditches, flumes and pipes, reservoirs, electric-power purposes, and for pipe lines, will be subject to existing laws and regulations.

12. Under time term “to regulate their occupancy and use,” the Secretary of the Interior is authorized to grant such licenses and privileges, from time to time, as many seem to him proper and not inconsistent with the objects of the reservations minor incompatible with the public interests.

13. The pasturing of live stock on the public lands in forest reservations will not be interfered with, so long as it appears that injury is not being done to the forest growth, and the rights of others are not thereby jeopardized. The pasturing of sheep is, however, prohibited in all forest reservations, except those in the States of Oregon and Washington, for the reason that sheep-grazing has been found injurious to the forest cover, and, therefore, of serious consequence in regions where the rain fall is limited. The exception in favor of the States of Oregon and Washington is made because the continuous moisture and abundant rainfall of the Cascade and Pacific Coast ranges make rapid renewal of herbage and undergrowth possible. Owners of sheep are required to make application to the Commissioner of the General Land Office for permission to pasture, stating the number of sheep and the location on the reserves where it is desired to graze. Permission will he refused or revoked whenever it shall appear that sheep are pastured on parts of the reserves specially liable to injury, or upon and in the vicinity of the Bull Run Reserve, Crater Lake, Mount Hood, Mount Rainier, or other well-known places of public resort or reservoir supply. Permission will also cease upon proof of neglect as to the care of fires made by herders, or of the violation by them of any of the forest reserve regulations.