SD ,Ufe U-S. Comrni ne-e' on act H'ure Acquiring \an the utmost; every river sysrtem, from its head- waters in the forest to its mouth on the coast, is a single unit and should be treated as such, c A mountain watershed denuded of its forest, with its surface hardened and baked by exposure, will discharge its fallen rain into the streams so quickly that over- whelming floods will descend in wet seasons. In discharging in this torrential way the water carries along great portions of the land itself. Deep gullies are washed in o Preliminary Report of the Inland Waterways Commission. Senate Document 325, Sixtieth Congress, first session. b Report of the National Conservation Commission. Senate Document 676, Sixtieth Congress, second session. c Preliminary Report of the Inland Waterways Commission. Senate Document 325, Sixtieth Congress, first session, page 2. 4 ACQX'TRTXG LAND FOE PROTECTIOjST OF WATEKSHEDS, ETC. the fields, and the soil, s^and, gavel, and stone are carried down the streams to points where the current slackens. Since the extensive removal of the forest on the upper watersheds there has heen avast accumulation of silt, sand, and gravel in the upper- stream courses. Examples of reservoirs completely filleil are already to be seen on almost every stream. In the degree that the forests are y the acquisition by the Government of the bare lands, the building of stone walls for the gathering of silt and the planting of trees on the soil held in check by those walls that satisfactorv results were accomplished. The cost of this method has often been as much as $50 per acre. By 1900 $15,000,000 had been spent and the French Government has continued the work by acquiring each year 25,000 to 30,000 acres of land. The present programme calls for the expenditure of $50,000,000 on this work. About one-fourth of the mountain streams have been brought under control and the balance are beginning to shosv indications of improvement. ACQUIRING LAND FOR PROTECTION OF WATERSHEDS, ETC. 7 Italy has .sutfered extreiiiely from the ruin which follows the re- moval of protective fore.-^ts. One-third of all the land is unproductive, and though some of this area may be made to support forest growth, one-fourth of it is beyond reclamation, mainl}^ as the result of cleared hillsides and the pasturing of goats. The rivers are dry in summer; in spring they are wild torrents, and the floods, brown with the soil of the hillsides, bury the fertile lowland fields. The hills are scored where the rains have loosened the soil, and landslides have loft exposed the sterile rocks, on which no vegetation finds a foothold. Such floods as that of 1897, near P)ologna, which did over !?1,000,UOO damage, destroy property and life. The dearth of wood and especially the great need of protecting forests to control stream flow have brought some excellent forest laws. In spite of the first general forest law (1877), which regulated cutting and forbade clearing on mountain slopes, large areas have persistentl}- been cleared, and though provision has been made for thorough reforesting worl?, very little of the needed planting has been done. The classifi- cation of the lands to which restriction shall and shall not apply is a constant matter of dispute. An effort has been made to show that the forest planting contemplated b}' law is largely unnecessar3^ The last point, however, has been safely settled b\' reconnnendations of a recent connnission, which declare that at least 500,000 acres w^ll have to be planted, at a cost of not less than §1:2, 000, 000, before the destructive torrents, brought on l)y stripping and overgrazing the hillsides, can be controlled. Spain has sufiered greath' from destriK^tive floods caused by insuffi- cient forests on the mountains. She has enacted an elaborate system of laws to prevent overcutting, but the indel)tedness of the country has prevented the efficient carrying out of these laws. Other countries which are working out comprehensive schemes of protecting forests at the headwaters of mountain streams are England in India, Switzerland. Austria-Hungary, Norway, Sweden, Denmark, Russia, Roumania, and ,Tapan. China holds a unique position as the only great country which has persistently destroyed its forests. What has been done in other coun- tries stands out in bold relief against the background of China, whose mountains and hills have been stripped nearly clean of trees, and whose soil is in many districts completely at the mercy of floods. Trees have l)een left only where they could not be reached. Streams which for- merly were narrow and deep, with an even flow of water throughout the year, are now broad, shallow beds choked with gravel, sand, and rocks from the mountains. During most of the year many of fhem are entirely dry, but when it rains the muddy torrents come pouring down, bringing destruction to life and all forms of property. In a word, the Chinese, by forest waste, have brought upon themselves two costly calamities — floods and water famine. The forest school just opened at Mukden is the flrst step in the direction of repairing this waste so far as it now may be repaired. The results of deforestation in China are particularly discussed and graphically illustrated in the President's annual message to the second xSession of the Sixtieth Congress. 8 ACQUTRTNG LAND FOR PEOTECTION OF WATERSHEDS, lvl'(\ CON(^LUSION8, The great increa!?e in tioocls in our rivers, together with the increas- iug- property loss and annual loss of soils, shows that in some sections of the country we are rapidl}^ approaching the situation in which China now finds herself. It is not now too late for nature to restore the forests on the mountains, but the time is rapidly coming when it will be. The question of protecting the forests at the headwaters of the streams is a national as well as a state problem. It is not right to expect the State to deal entireh^ with areas requiring protection when those areas affect chiefly other States. It is impossible for States which suffer from conditions outside their own territory to remedy them by their own action. The mountains of the West are already largely under government protection. So far as they are not pro- tected this bill is applicable to them. It is applicable to all other sec- tions of the United States in which the source streams of the navic^able rivers lie in nonagricultural, mountainous regions, and it is believed that it will accomplish the necessary protection to the Southern Appalachians and White Mountains. If the action which this bill proposes is taken by Congress, it will work out to the great benefit of both agriculture and the manufactur- ing industries, while to the permanent development of our inland- waterways the bpni^fits \\\]] he fundam(nital. KiTTREDGE HasKINS. William W. Cocks. Ralph D. Cole. F^RNEST M. Pollard. Clarence C. Gilhams. James C. jVIcLaughlin. John W. Weeks. John IjAmb. AsBURY F. Lever. Augustus O. Stanley. J. Thomas Heflin. Your committee therefore lecujnmend that ail after the enacting- clause of Senate l>ill 4:8"2.5 be stricken out and the followijig inserted in lieu thereof: 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 con- fiict ^'ith any law of the United States, with any oti er State or States, for the pur- pose of conserving the forests and the water supply of the States entering into such agreement or compact. Sec. 2. That the sum of one hiuidred thousand dollars is hereby approjiriated and made available until exi)ended, out of any moneys in the National Treasury not otherwise appropriated, to enaV)le the Secretary of Agriculture to cooperate with anj' State or group of States, when requested 1o do so, in the protection from tire of the forested watersheds of navigable streams, and the Secretary 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 such State or States and situated upon the watershed of a navigable river: Proi-kled, That no such stipulation or agreement shall lie made with any State which has not provided by law for a system of forest-fire protection: Provided fvrllier, That in no case shall the amount expended in any State exceed in anj' fiscal year the amount appropriated by that State for the same purpose during the same fiscal year. Sec. 3. That the Secretary of Agriculture, for the further protection of the water- sheds of said navigable streams, may, in his discretion, and he is herehy authorized, ACQUIRING LAND FOR PROTECTION OF WATERSHEDS, ETC. 9 on such conditions as he deems wise, to stipulate and agree to administer and protect for a definite term of years any private forest lands situated upon any such watershed whereon lands may be permanently reserved, held, and aclministered as national forest lands; but such stipulation or agreement shall provide that the owner of such private lands shall cut and remove the timVjer thereon only undei- such rules and regulations, to be expressed in the stipulation or agreement, as will provide for the protection of the forest in the aid of navigation: Provided, Hiat in no case shall the tJnited States be liable for any damage resulting from fire or any other cause. Sec. 4. That from the receipts accruing from the sale or disposal of any products or the use of lands or resources from public lands, now or hereafter to be set aside as national forests that have been or may hereafter be turned into the Treasury of the United States and which are not otherwise approj)riated, there is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred and nine, 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 bf lands located on the headwaters of navigable streams or those which are being or which may be developed for navigable purposes: J'rorided, That the provisions of this section shall expire by limitation on the thirtieth day of June, nineteen hundred and nineteen. Sec. 5. That a commission, to be known as the National Forest Reservation Commis- sion, consisting of the Secretary of War, the Secretary of the Interior, the Secretary of Agriculture, and one member of the Senate, to be selected by the President of the Senate, and one member of the House of Kepresentatives, to be selected by the Speaker, is hereby created and authorized to consider and jiass upon such lands as may be recommended for purchase as jirovided in section six of this act, and to fix the price or prices at which such lands may be purchased, and no purchases shall be made of any lands until such lands have been duly approved for purchase by said commission: Frocided, That the members of the commission herein cieated shall setve as such only during their incumbency in their respective oflicial positions, and any vacancy on the commission shall be filled in the manner as the original appoint- ment. Sec. (i. That the connuission hereby ajipointed shall, through its president, annu- ally report to Congre.'^s, not later than tie first Monday in December, the operations and expenditures of the commission, in detail, during the preceding fiscal year. Sec. 7. That the Secretary of Agriculture is hereby authorized and directed to examine, locate, and recommend tor 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 examinations: I'londid, That before any lands are inirchased l)y the National Forest Reservation Commission said lands shall be examined by the (Jeological Survey and a report made to the Secretary of Agricultuie, showing that the control of such lands will promote or protect the navigation of streams on whose watersheds they lie. Sec. 8. That the Secretary of Agriculture is hereby authorized to purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Conimis-sion at the price or prices fixed by saiii commis- .sion: I'rovided, That no deed or other instrument of conveyance shall be accejited 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 bj' the United States for the purpose of preserving the navigability of navigable streams. Sec 9. That the Secretary of Agriculture may do all things necessary to 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 nntil the title shall be satisfactory to the Attorney-General and shall be vested in the United States. Sec. 10. That such acquisition may in any case be conditioned upon the exception and reservation to the owner, from whom title passes to the United States, of tiie minerals and of the mei'chantable timl)er, or either or any part of them, within or upon such lands at the date of the coTiveyance; but in every case such exception and reservation, and the time within which such timber shall be removed, and the rules and regulations under which the cutting and removal of such timber and the mining and removal of such minerals shall be done shall be expressed in tl.e written instru- ment of conveyance, and thereafter the mining, cutting, and removal of the minerals and tindier so'excejited and reserved shall be done only under and in obedience to the rules and regulations so expressed. Sec. 11. That whereas small areas of land chiefiy valuable for agriculture may of necessity or by inadvertence be included in tracts aclic puriioses. and may 10 ACQUIRING LAND FOR PROTECTION OF WATERSHEDS, ETC. list and describe the sauie by metes and bounds, or otherwise, and offer them fo sale as homestead.s at their true value, to be fixed by him, to actual settlers, in tract not exceeding eighty acres in area, under sucli joint rules and regulations as th Secretary of Agric^ulture and the Secretary of thu Interior may prescribe; and ii case of such sale the jurisdiction over the lands sold shall, ipso facto, revert to th State in which the lands sold lie. And no right, title, interest, or claim in or to an; lands acquired under this act, or the waters thereon, or the i)roducts, resources, o use thereof after such lands shall have been so acquired, shad be initiated or per fected, except as in this section provided. Sec. 12. That, subject to the provisions of the last preceding section, the land acquired under this act shall be permanently reserved, held, and administered a national forest lands under the provisions of section twenty-four of the act approve^ March third, eighteen hundred and ninety-one (volume twenty-six, Statutes a Large, page eleven hundred and three), and acts supplemental to and amendator thereof.- And the Secretary of Agri(;ulture may from time to time divide the land acquired under this act into such specific national forests and so designate the sam as he may deem best for administrative purposes. Sec. 18. That the jurisdiction, both civil and criminal, over pensons upon the land acquired under this act shall not be affected or changed by their permanent reser vation and administration as national forest lands, except so far as the punishmen of offenses against the Unitei.1 States is concerned, the intent and meaning of thi section being that the State wherein such land is situated shall not, by reason of sue reservation and administration, lose its jurisdiction nor the iiihal)itants thereof thei rights and privileges as citizens or be absolved from their duties as citizens of th State. Sec. 14. That twenty-five per centum of all moneys received during any fiscal yea from each national forest into which the lands ac(|uired under this act may from tim to time be divided shall be paid, at the end of such year, by the Secretary of th Treasury to tlie State in which such national forest is situated, to be expended as th state legislature may prescribe for the benefit of the public schools and public road of the county or counties in which such national forest is situated: I'rovided, Tha when any national forest is in more than one Stale or county the distributive shar 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 amoun equal to more than forty per centum of the total income of such county from all othe sources. Sec. 15. That a sum sufiicient to pay the necessary expenses of the commissio and its members, not to exceed an animal expenditure of twenty-five thousand do! lars, is hereby appropriated out of any money in the Treasury not otherwise appro priated. Said appropriation shall be innnediately available and shall be paid ou on the audit and order of the president of the said commission; which audit an( order shall be conclusive and binding upon all depiirtments as to the correctness c the accounts of said commission. Amend the title so as to read: " An act to enable any State to co operate with any other State or States, or with the United States, fo the protection of the watersheds of navigable streams, and to appoin a commission for the acquisition of lands for the purpose of conserv ing" the naxigability of navigable rivers." VIEW8 OF THE MINORITY. In the tir«t session of the Sixtieth Congress, reporting- upon a reso- lution offered by Mr. Bartlett, of Georgia, the Committee on the Judiciary of the House of Representatives declared it to be their opinion that — The Federal Government hay no i)o\ver to acquire lands within a State solely for forest reserves, but under its constitutional power over navigation the Federal Gov- ernment may appropriate for the purcliase of lands' and fore.' t reserves in a i^tate, provided it is made clearly to appear that such lands and forest reserves have a direct and substantial connection with the conservation and improvement of the navigability of a river actually navigable in whole or in part. Bearing that opinion in mind (and it has met with universal acquies- cence), it hpcomes of the ver}' first importance, in considering a bill for the purchase of forest reserves, to determine whether such reserves "have a direct and substantial connection with the conservation and improvement of the navigability of a I'iver actually navigable in whole or in part.'' The statement that sucli connection does exist has been so confidently assumed and so often repeated that those wlio have given but a casual or superficial study to the subject have come to regard it as an established and admitted fact. The truth is that it is neither established nor admitted. On the con- trary, the proposition is very earnestly dis])uted by men whose opin- ions are entitled to great weight. It is perhaps not overstating it to say that a majority of the riparian engineers who have given the sub- ject careful study are of the opinion that foi'ests do not exercise any effective control in either extremes of high water or of low water. Lieut. Col, H. M. (yhittenden, of the United States Army Engineer Corps, who has been studying the control of floods in rivers for many years, is perhaps the most conspicuous exponent of this view in our own country, having recently read a paper before the American Societ}^ of Engineers in which is presented a powerful and to many minds a convincing argument in support of his contention. In Europe the same opinion is entertained by M. Ernst Lauda, chief of the hydrographic bureau of the Austrian Government, wlio has recently made an exhaustive report upon the great floods of the Danube, in the course of which he says: It is universally believed that forests have an influence in moderating and prevent- ing floods, and deforestation upon their origin and more frequent occurrence, yet this belief is not better established from a hydrographic standpoint than the entirely un- founded belief that the floods of the past few years in Austria are due to deforesta- tion. Against the popular belief in the favorable influence of forests upon floods resulting from excessive rains may be adduced the interesting fact that lands richest in forests are frequently visited by the severest floods. In support of this opinion he traces the historj- of the Danube River for eight hundred years, drawing the conclusion that Hoods were for- merly just as frequent and just as high in that river as they have been in recent times. He cites the records of the river Seine also showing 11 12 ACQUIRING LAND FOR PROTECTION OF WATERSHEDS, ETC. even greater flood height in the sixteenth centur3' than any that oc- curred in the nineteenth. As deforestation in the watersheds in both the Danube and the Seine is vastly greater now than it was eight cen- turies or three centuries ago, the testimon}^ of the actual records pre- sented by M. Lauda can not be lightly set aside. Nor can it be said that M. Lauda stands alone in his opinion, for at the Tenth Interna- tional Congress of Navigation, held at Milan in 1905. papers upon this subject W'Cre presented by representatives from France, Germany, Italy, Austria, and Russia, and while all the writers favored forest culture the opinion was practically unanimous that forests exert no appreciable influence upon the stream flow of rivers. Indeed, Colonel Chittenden, w ho has perhaps studied foreign reports upon this subject more carefully than any other American, declares that he is unable to find among the river engineers of Europe any that advocate forests as a corrective for the extremes of flow in our rivers. He cites an exceedingly elaborate investigation instituted by Napoleon III, as a result of which the French engineers, after an exhaustive study of the subject, united in the opinion that whatever value forests might have localh'^ in preventing the erosion of steep slopes they could not be relied upon in any degree to diminish the great floods from which France had been suflering, and that any measures wiiich might be taken in the line of reforestation would have no appreciable efi'ect. The report of these engineers quoted a very elaborate and exhaustive work upon the floods of French rivers, going back over six hundred years, in which it was conclusively shown that former floods were larger than those of the present time. As a result of this report it is declared that no French project of river improvement, either for flood prevention or as an insurance against low water in navigable rivers, has embraced reforestation as an essential part or even any part at all. In our own country, where river records have beejj kept but a com- paratively short time, the data are of course insuflicient to warrant an}' very sweeping generalizations. We believe it is admitted, how- ever, that the records of the Ohio River, which extend over a period of forty years, show greater extremes of both high water and low water during the first twenty years of that period than during the last twenty years, thus bearing out in a degree at least the conclusions reached through a study of the extended periods of observation of European rivers. While it can not be regarded, therefore, as fuUj^ established, we submit that the weight of expert testimony and the preponderance of evidence as deduced from actual observation is very largel}' in favor of the proposition that forests do not exercise an appreciable influence upon the navigability of navigable rivers. But the argument against the proposition in the bill under consid- eration by no means rests alone upon the contention that there is no vital connection between the forests and the maintenance of naviga- bilit}^ in naviga})le streams. It is a conceded fact that at the present time, in the southern Appalachians at least, the menace to the streams comes from the operations of the farmer and not from those of the lumberman. It is the tracts on the lower slopes of the mountains which have been cleared for farming from which the silt is washed into the streams and not from the upper slopes, which are cov^ered with trees. Now, it is not denied that if these lower slopes are prop- erly farmed the soil will not wash appreciably, and the streams there- fore will receive no damage. It is not denied eithei- that if the steeper ACQUIRHsTr LAND FOR PRlKriit'TION OF WATHES blEDS, ETC. 13 slopes, which never can be farmed, are protected from tire they will always be forested, or at least covered with a g-rowth that will prevent erosion. Kememberino- these two undeiiied facts, can it be arj4ued that it is necessary for the Government to purchase either the upper or the lower slopes of the mountains in order to protect the streams? The lower slopes are more valuable for farming- than for timber raising if they can be prevented from erosion. Since they can be so prevented by proper methods of tillage, m ould it not be better national economy for the Federal Government to help teach the farmers of that region how to till their soil in such a way as to prevent erosion and maintain its fertility than it would be to buy out those farmers and return the land to the wilderness? And since the upper slopes will always have a forest cover, if protected from tire, would it not be better national economy for the Federal (xovernnient to lend its aid to such protec- tion at a comparatively trifling cost (it is estimated by the Forest Serv- ice that the cost of an etfective fire patrol would not exceed 2 cents per acre per annum) than to buy the land at a very g-reat initial expendi- ture, with the cost of fire protection to be added as a fixed and con- tinuing charge i Would it not be better for the States concerned to have the lands remain in private ownership, supporting a larger popu- lation than could possibh' be maintained if the policy of the pending bill is pursued, and retaining the value of the property on the tax rolls? The very best that can l)e said in support of the proposition for the federal purchase of these lands is that as a result of such purchase the impairment of navigable streams may possibly be diminished or retarded. But will this vague general possibility, or probability, of a distant and shadow}^ good ofiset the innnediate and certain evil of driving large numbers of people away from homes which in many instances have been occupied for generations, of reducing the produc- tivity of large areas, and of taking large amounts of property from local tax rolls? It is cited as a special merit in the pending bill that the money to carry it into efiect is taken not from the General Treasury but from the receipts of the existing Forest Service, the agreeable inference therefrom being that the proposed new forests can be bought without any real draft*upon the Treasury. We are unable to see the force of this argument. The receipts from the present national forests are not a new source of income conjured into existence by the pending bill. On the contrary, these receipts are a part of the national revenues which are paid into the Federal Treasury, just as are the revenues from customs dues or internal taxation. To regard the income from the forests as a special fund which can be diverted without any real effect upon the Treasury balances is a palpable fiction, which if adopted would expose the Congress to the charge of doing by indirection what it was not willing to do directly. If we are going to enter upon this policy, let us do it openly and boldly with a full understanding of what it will cost and where the money is to come from. In its terms, the life of the measure being limited to ten years and the expenditures under it restricted in the aggregate to $19,000,000, this bill is extremely conservative compared with others that have been introduced upon the same subject. It is to be noted, however, that it is applicable to every section of the country, and that the foremost ad- 14 ACQUIRING LAND FOR PROTECTION OF WATERSHEDS, ETC. vocates of the policy' wliich it initiates maintain that the policy can only be carried to a successful issue through the purchase of many million acres of land. The last ofticial report upon the subject recom- mended the purchase of 5,000,000 acres in the southern Appalachians and 600,000 acres in the White Mountains, the average estimnted cost being $3.50 an acre. But it states also (on page 32) that there are 75,000,000 acres in these mountains which ''will have to be given pro- tection before the hard-wood supply is on a safe footing and before the watersheds of the important streams are adequately safeguarded." While no one now advocates the purchase of this enormous area, yet with the policy once entered upon and backed by the tremendous polit- ical and industrial influences that can be brought to its support, who can give assurance that such purchases may not be made in the future and the cost of this policy be thereby extended from tens of millions to hundreds of millions? Notwithstanding the enormous expenditure^ which will almost in- evitably result from the entrance upon this policy, it might still be warranted if it were a demonstrated fact that the maintenance of the forested watersheds is the only way by which the filling up of navi- gable streams and the destructive erosion of large sections of our country can be prevented, and that the only means by which forested watersheds can be maintained is through federal ownership of such watersheds. Believing, however, that this destructive erosion and consequent silting of rivers can be prevented by the introduction of proper metliods of farming and by adequate tire protection, both of which can be accomplished through the cooperation of state and fed- eral agencies at comparatively little expense, we are unwilling to con- sent to a measure which commits the Government to a policy which we believe to be both imwise and unnecessary. CuAS. F. Scott. Wm. Lorimer. Geo. W. Cook. Jack Beall. W. W. RUCKEK. YIEWJS OF MK. HAWLEY. in addition to joining in the dissent of the minority and coiiuuending- its vigorous presentation of the matter. I desire to add the following observations: This bill provides for the acquisition of lands anywhere in the United States for the establishment of new forest reserves or national forests. These lands are to be acquired from the present private owners upon the recommendation of a commission, as provided in the bill. It is stated that the i)urpose of such ac([nisitions is to preserve and improve the navigability of navigable rivers, apparently following the opinion of the Conunittee on the Judiciary of the House, as expi-essed in House Report No. 1514 of this Congress. It is inferred that if the policy proposed in the bill is carried out, under the terms and by the means therein set forth, that in due time extremes of high and low water in navigable rivers will be regulated, and the hindrance to navigation due to the deposit of silt will be controlled. The vital question at this point is, '• Will this be the results" li not, then the theory on which the bill is l)ased fails, and its justilication also fails, under report No. 1514, referred to abov(\ Upon this relation between the proposed control and navigation or stream flow the authorities disagree, as set forth at length in the preceeding opinion of the niinorit}'. And no agreement exists as to where the necessarj'^ lands lie or as to what is their nature. The bill also provides that for the same purposes the Government may administer private forest lands adjacent to the lands in the pi'o- posed new reserves, for a term of years, upon agreement with the owners. There is little evidence to >ihow whether few or many owners of forest lands will so agree, and in my judgment not many will accept the terms proposed. If they do not. tlie amount of land necessary to be acquired by the National Government in order to carry out the policy in the Ivill will be increased and add largely to the appropria- tions required. It is proposed to appropriate from the revenues of existing forest reserves $1,000,000 for the first year, and $2,000,000 annually there- after for a period of nine years, in all $19,000,000. In view of the large areas it is proposed to control, this amount must be regarded rather as an experimental appropriation than as a sum adequate to accomplish the purposes of the bill. The report of the Secretary of Agriculture, made in compliance with the provision in the agricultural appropriation bill, approved March 4, 190T, which directed him to make an investigation of this question (see S. Doc. 91, oOth Cong., 1st sess.), on pages 30. 31, and 32, says: AREA AND LOCATION OF LANDS NEEDING PROTECTION. In order to determine tlie extent of the lands primarily available for forests in the Southern Appalachian and White Mountain regions, a reconnaissance survey has been made, as a result of which the accompanying maps have been prepared. Maps I and II show for the two regions the lands to be classed as distinctly mountainous and nonagricultural. 15 16 ACQUnUXG LA>CD FOR PROTECTION OF WATERSHEDS, ETC. The main centers for .such iiiountainoua and nonajiricuhural lands in the Southern Appalachians are, first, the Blue Ridjje and Great Smoky Mountains of North Carolina and Tennessee, South Carolina and Georgia; second, the Allegheny Moun- tains of eastern and southern West Virginia and western Virginia, and, third, the Cumberland Mountains of eastern Kentucky, Tennessee, and northern Alabama. These lands include the main mountain ranges, and the roughest, wildest land of the region. Naturally, they embrace a smaller proportion of agiicultnral lands than other parts of the region, and those which they do embrace have for the most part been eliminated, as will be seen from the irregular boundaries on the map. Regard- less of these eliminations they still include some small bodies of agricultural lands. These areas, though they contain only 40 per cent of the timbered land of the Southern Appalachians, include almost all of the virgin timber lands, because the virgin timber which remains is mostly situated on the high mountains. P]ven though these lands do produce an inferior grade of timber, their sole use umst be for timber production. There is no other crop which will hold the gravelly, stony soil in place and keej) it from clogging the channels of streams and covering the agricultural valleys which lie below. These nonagricultural and mountainous lands, approxi- mating 23,000,000 acres, give rise to all the important streams which have their source in the Southern Appalachians. They are therefore the vital portions of these mountains. Whatever work is done to protect the Southern Appalachians must center in these areas. The proportion to which these lands fall into different States and watersheds is shown in the following tables: Table 4. -Area, hy States, of nonagricultural and moimtahioiis la,n(h Appalachians. the Southern State. Area. Acrts. Tennessee 4, 962, 000 Virginia , 3, 8S2, OUO Alabama 491, 000 Georgia i 1,806,000 Kentuckv i 1, 6-'3, 000 North Carolina i 3, 882, 000 Acres. West Virginia :^. 797, 000 South Carolina .=)90, 000 Maryland : 277, 000 Total 23, 310,000 Table 5. — Area, hy watersheds, of nonagricultural and mountainous lands in the Southern Appalachians. Watershed. Tennessee Cumberland Holston .lames Roanoke (Stiiuntonj New (Kanawha) ... Big Sandy Hiawassee Little Tennessee. French Broad Pigeon Little River Monongahela Nolichncky You^hiogheny , Rapidan Acres. 2, 489, 000 2, 759, 000 ■582, 000 1, 138, 000 431.000 3, 225, 000 1,347,000 1.066,000 1,307,000 623,000 255, 000 202, 000 987,000 379, 000 117,000 151, 000 Watershed. Yadkin Big Pigeon Catawba Broad Potomac Chattahoochee Little Pigeon. . Twelve Pole . . Savannah Guyandotte . . . Saluda Kentucky Coosa Total.... Area. Acres. 428, 000 20,000 502, 000 299, 000 2, 095, 000 345, 000 19,000 1,000 860,000 660,000 100,000 156, 000 767, 000 23, 310, 000 While the lands shown on the map are all in need of protection, they are not all of equal inportance w'hen all economic points of view are considered. The lands to be classed as of first importance include the mountain ridges mainly, but extend considerable distances down the slopes in those localities where the .soil is particularly subject to erosion and on the watersheds of streams of greatest impor- tance for water power or navigation. The area of such lands does not exceed 5,000,000 acres The same class of land for the White Mountain region is shown in Map II. It lies in both New Hampshire and Maine. Excluding the numerous bodies of water, their area in New Hampshire is 1,457,000 acres, and in Maine 700,000 acres, mak- ACQUIRING LAND FOK PBOTECTION OF WATERSHEDS. ETC. 1 7 ing a total of 2,157,000 acres. The proportion in which this falls in the five watey systems included is as follows: Acres. Connecticut 429, OOQ) Merrimac 264, 000 .Saco 332, 000 Androscoggin I, 002, 000 Kennebec 130, 000 Total 2, 157, 000 There is also shown on this map an area embracing only the four main ranges of the White Mountains. A few thousand acres of this area lie in Maine. All the rest is in New Hampshire. This principal White Mountain area covers 668,000 acres, and, considering all economic points of view, is the most important part of the region. TREATMENT OF THE RECilON. The areas indicated in the preceding section, 23,310,000 acres in the Southern Appalachians and 2,157,000 acres in the White Mountains, do not include all the mountainous timber lands of the Appalachians. As is discussed under the heading "Importance of Appalachian forests for hard-wood supply," there are probably 75,000,000 acres in this mountain system more important for timber production than for any other purpose. This area will have to be given protection before the hard- wood supply is on a safe footing and before th<> watersheds of the important streams are adequately safeguarded. If it i^s a wise policy for the Government to control b}- purchase or agreement with owners such large areas of land, and in addition thereto extensive areas included in this bill, but not included in the report of the Secretary of Agriculture, then it should be undertaken on a scale commensurate with its proposed linal extent, and for which appropriations many times the present amount will be required. This bill if enacted into law will inaugurate a system of new forest reserves whose final limits will include the lands the administration of which by the National Government may be said to conserve and regu- late stream flow and assist in maintaining the navigability of navigable rivers. In my opinion the proposed appropriation of $19,000,000 is suthcient only to make a beginning and to commit the Government to the policy. It initiates one of the most extensive and momentous movements ever begun in this country hj legislative action. It seems to me there of necessity should be required prior thereto an exceed- ingly thoroughgoing and exhaustive investigation by competent author- ity of all the problems involved, for the information of the country and of Congress, and if thereafter the proposed policy is considered wise and within the powers of Congress, a measure should be prepared that will present the matter in all its magnificence to the country and provide adequate appropriations for executing the policy, and granting all necessary authority therefor. Does the present bill authorize the commission to use the power of eminent domain to obtain from unwilling owners the lands deemed necessary'^ If not, is not the omission of such authority an error? I fear, also, that when the Government goes into the market to purchase from private parties the lands for the new forest reserves great difficulties will be encountered, arising out of speculations in these lands. The committee liave held many hearings on this suf)iect, the net result of which discloses the lack of accurate and adequate data. For the purpose of securing carefully collected and scientifically presented H. Rep. 2027. 60-2 2 18 AC^QL'IKING LAND FOR PKOTECTION OF WATERSHEDS, ETC. information on all pluiises of the .subject, 1 introduced a bill at the last session, and the fact that the information called for by it is not availa- ble seems to ju^itity the printino- of it as an appendix. Truly yours, W. C. Hawley. (H. K. 21S77. Sixtieth Coiigresfi. lirst session. 1 K BILL J'li |>ri)\ iiltr lor obtaining certain information relative to the Wliite Mountain. A))pabi( liian. and other watersheds and fore.sts. Be it enacted by the Senate and Houne of Representatives of the United States of America ill Congress assemhied, That a commission consisting of three men, whose duties are deflned below, shall be appointed as follows: One by the President of the United States, one l)y the President of the Senate, and one by the Speaker of the House of Representatives. Sec. 2. That the duties of this commission shall be as follows: First. Personally to visit every watershed in the States named in section seven of this act supposed to have influence in regulating the flow of waters and conservation (>f water supply in the maintenance of the navigability of navigable rivers, and for other purposfS. Second. To establish by metes and bounds the limits of such watersheds and to actually ascertain the areas included. Third. To ascertain how much of such areas arc now forested and the kinds and sizes of the trees and other growths thereon. Fourth. The general nature and character of the soil of these watersheds and the general topography of said watersheds. Fifth. To asi-ertain how much of such areas are now deforested and the condition of the defoiested lands. Sixth. To ascertain what portions of the deforested areas can be reforested, how much can not be reforested, and the probable cost and period of time required for reforestation of such areas. Seventh. To ascertain whether these watersheds have a deflnite and demonstrable physical connection, mediate or immediate, with the maintenance and improvement of the navigability of naviga])le rivers. Eighth. To ascertain as accurately as possible the value of the lands of each water- shed and the price at which they can be acquired. Ninth. To ascertain whether any of these watershed areas will be transferred to ihe United States, either as a gift or to be placed under the control of the United States, and if so, for what length of time. Tenth. If the question implieti in paragi-aph seven is decided aflirmatively, to ascertain whether the control of the watershed areas will be sufficient for the con- servation and improvement of the navigaliility of navigable rivers, or whether the control of areas below and other than the watershed areas will be necessary for that purpose. If areas other than watershed areas are decided to be necessary, then such areas shall be definitely located and measured, and their values and the prices for which they can be bought shall l>e ascertained. Eleventh. To ascertain the annual precipitation on each watershed area as nearly as possible and for as long a period of years preceding as possible. Twelfth. To estimate the probable annual revenues, if any, from such watershed and other areas and the cost of administration yearly if acquired by the Government. Thirteenth. To ascertain the miles on each river supposed to be directly or indi- rectly benefited that are now navigable, and the numlier of months each such river is navigable, the depth of water for each month, and the di-aft of vessels using same. Fourteenth. To ascertain the increase or diminution of the miles of navigable water in each such river and the depths of water therein for tlie longest period of years possible. Fifteenth. To ascertain the amount of commerce carried, by months, on each such river for the longest period of years possible. Sixteenth. To ascertain the effects of erosion due to the denudation of watershed or other areas and the damage effected thereby. Seventeenth. To ascertain what effect on high and low water in rivers the acres to be purchased in this region is $20 per aci'c, it would mean an investment of one and one-half billion dollars, an amount more than six times the cost of the building of the Panama Canal, or nearly twice the amount of our present interest-bearing del)t, or four times the value of the total annual products of the Iowa farms. The Secretary reports that these timber lands are in the main held by a few large companies. This means large prices. Besides, the Government generally pays more for what it buys and will have to pay larger prices than would have to be paid by individuals in pur- chasing the same lands. The Secretary reports that the principal owners of lands are unwill- ing to dispose of their virgin timber lands, except at a very high price: that the cut-over lands, lands lying too high for lumbering, and the mountain tops, or, in other words, that only such lands as are not needed or desired for this or any other purpose are offered for sale. Considering the Secretary's report and the fact that the purchase of the 75,0(H»,000 acres, involving an expenditure of probably over a billion dollars, is probably only a small part of the land necessary to be acquired, as undoubtedly enterprising and patriotic real estate owners in other parts of the country would be willing to unload their 22 ACQITJKIA'C; LAND FOR PROTECTION OK WATERSHEDS, ETC. lands onto the Govt'i-nnicnt. especially when the price is to be very high, and will insist that there be an equitable disirit>ution of these l)illions of dollais; and considering also the enormity of the whole proposition, is it not the part of wisdom, common sense, and sound business judgment first to obtain detailed, accurate, and reliable infor- mation in order that a comprehensive, well-devised, and practical policy may be worked out and followed? Considering also that the ])roposed ])ill is an entering wedge to such a g-igantic proposition, I feel consti'ained to dissent from the views of the majority, and believe that for the present that II. R. 21US6. passed the first session of this Congress, is the proper legislation. Its pro- visions are clearly set forlTi in Report No. ITOO, a copy of which is appended. (iiiJiKRT N. Hauokn. [Housf Kfpml N". 1700, Sixtieth ('(iii.mvss, (iist t^t'ssidii.] The Committee on Atiricultnre, lo whu'h was leferred House bill 2UtHH. has had the same under consideration and reports as follows: At the bejiinnii g of the present session a number of bills were introduced and referred to the Committee on Agriculture having for their general purpose the pur- chase of certain tracts of land in the White Mountains and in the Southern Appala- chain Mountains with a view to preserving the forests on said lands and conserving the flow in the rivers liaving their sources therein. The committee considered its most pressing duty to be, first, to prepare the appropriation bill for the Department of Agriculture. Before the consideration of this bill had been completed a resolu- tion was introduced by Representative Bartlett, of Georgia, providing that the bills above mentioned, commonly known as the White Mountain and Appalachain Park forest-reserve bills, be referred to the Committee on the Judiciaiy with the request that that committee render an opinion as to the constitutionality of the proposed measures. This resolution was ado})ted by the House, and the bills were referred accordingly. Pending thej-eport of the Committee on the Judiciary the Committee on Agriculture was of the opinion that it could not jtroperly give consideration to these measures. On April 20, 1908, the Committee on the Judiciary rendereil an opinion to the effect that the United States would have no right to ]>urchase lands for the purpose of creating a forest reserve, but that Congress might api^rojiriatc for the purchase of lands having a direct and substantial connection with the navigability of navigable rivers. As a result of this decision, Representatives who had introduced the bills which had been referred to the Committee on the Judiciary modified and reintro- duced theui, and they were again referred to the Committee on Agriculture, which took up the consideration of them at the earliest possible date. After liearing testi- mony and considering the bills for several days it became evident that the commit- tee, with the information then before it, was unwillinu; to favorably recommend any measure committing the t-nitetl States to the policy of purchasing forest lands. The whole matter was therefore referred to a sub&nmnittee, with instructions to recon*- mend to the full committee such action as it was deemed proper to take. As a result of the deliberations of this subcommittee, the bill, H. I-J. 21986, was reported to the full committe;^, and l)y its action is herewith reported to the House. It is a matter of common knowledge that the forests in the \^ hite Mountains and in the southern Appalachian Motmtains are being rapidly destroyed, and the desira- bility of preserving what remains of "^hem, or at least of introducing methods of lumbering which will prevent the destruc'tion of immature tiniber and will protect the forests from fire, is universally conceded, not only for the perpetuation of the timber supply, but also for the conservation of the fiow of water in the streams having their source wittiin these forests. The problem as to how this desiied end should be reached has been widely discussed and has awakened profound interest throughout the entire country. As a result of this discussion four distinct methods have been suggested. First. It has been held by many that the problem was one belonging exclusively to the States concerned. Those holding this view have argued that the Federal Government has no constitutional authority to purchase lands for the purpose of conserving the forests upon them, even though such preservation may conserve the ACQUIRING LAND FOR PROTECTION OF WATERSHEDS, ETC. 23 j^upply of water in navigable streanl^^. They hold tliat tlit* matter is one over which the States' have exclusA-e jurisdiction, and that if the right exists it is the duty of the State to assume the responsibility of meeting it. Second. Another view is that while it is neither the right nor the duty of the Fed- eral Uovernment to purchase the forests it may properly cooj^erate with the States or with private owners in their preservation by furnishing expert advice and assist- ance in their proper utilization and administration. Third. Still another view is that when it is shown that the forests of a given water- shed have a direct and substantial connection witli the navigability of the navigable rivers flowing from that watershed the P'ederal Government has the right to exercise jurisdiction over the forests therein, although they remain in jirivate ownership, and prescribe the method which shall be followed in utilizing the forests within such watershed. Fourth. The last, and doubtless the most generally advocated plan, proposes that the Federal Government shall buy all the land that may be necessary to protect the watersheds of navigable rivers and exercise over the forests growing upon them all the rights and privileges of absolute ownersliip. The bill now before the House was drawn with a view to meeting, in a measure at least, each of these four proposed plans. The first section proposes to give the con- sent of Congress to each of the several States of the Union which may wish to do so to enter into such agreement or compact, not in conflict with any law of the United States, as it may deem desirable or necessary, with any other State or States for the purpose of conserving the forests and the water supply of the States entering into such agreement or compact. It has been often urged, by those who insist that the Federal (Tovernment should jjurchase the forests under consideration, that the problem is interstate, and in view of the constitutional inhibition against a State entering into any agreement or compact with another the proper treatment of the problem is made impossible to the States alone. If section 1 of this bill becomes a law this obstacle to cooperation between and among the States will be removed. Section 2 of the bill approi)riates the sum of 1100,000 to enable the Secretary of Agriculture to cooperate with any State or group of States, when requested to do so, by supplying expert advice on forest preservation, utilization, and administration, and upon reforestation of denuded areas. It also authorizes the Secretary of Agri- culture to enter into agreement with the owners of any private forest lands situated upon the wate shed (ff a navigable river, to administer and protect such forest land upon such terms as the Secretary of Agriculture may prescribe. It is believed that under the authority given in this section many thousands of acres of forest lands will be brought as effecluall\- within the jurisdiction of the United States for all the pur- poses of scientific forestry as if these lands were actually owned by the Government. Section 8 of the bill provides for the appointment of a commission to be composed of five Members of the Senate, to be appointed by the presiding officer thereof, and five Members of the House of Representatives, to "be appointed by the Speaker. Section 4 makes it the duty of this commission to investigate all questions tending fo show the direct and substantial connection, if any, between the preservation of the forests within the watersheds of the navigable rivers having their sources in the White Mountains and Southern Appalachian Mountains, and the navigability of said rivers. .And in case the commission shall determine that such direct and substantial connection exists, it shall then be its duty to ascertain to what extent, if at all, U may be necessary for the Government of the United States to acquire land within the watersheds referred to. the number of acres of such land, and the probable cost, or whether it may be desirable, if within the power of the United States to exercise, without purchase, such supervision over such watersheds as may 1>p necessary to conserve the navigability of the rivers proceeding therefrom. Under the provisions of this section all the questions arising out of the proposal that the Federal Government purchase the forests or that it exercise jurisdiction over them without purchase, may be carefully studied and fully considered. It is true that by an act of the last Congress the Secr^^tary of Agriculture was authorized to report and did report upon the watersheds of the Southern Appalachian and White mountains, the purpose of the report being to present to Congress "the area and natural conditions of said watersheds, the price at which the same can be pur- chased by the Federal Government, and the advisability of the Government pur- chasing and setting aside the same as national forest reserves for the purpose of con- serving and regulating the water supply and the flow (jf said streams in the interest of agriculture, water power, and navigation." Without mtending any reflection upon those who prepared tiiis report, it may be fairly said that it does not present such detailed and accurate information as any <-areful business man would insist upon having before entering upon a policy which 24 ACQUmiJMG LfAWD FOE PROTECTION OF WATERSHEDS, ETC, was to involve the expenditure of many millions of dollars. It does not indicate the extent of the navigable portions of the rivers whose navigabiMty it is desired to pro- tect nor the value of the forests upon them. It presents no data showing to what extent, if at all, the vokime or tlie steadiness of stream flow has been influenced by the destruction of the forests. It shows in only the most general way the location, area, and probable cost of the lands it is proposed to purchase. While it recommends (p. 37) that the Government acquire an area of 600,000 acres in the White Mountains and 5,000,000 aeies in the southern Appalachian Mountains, it states also (p. 32) that an area of 75,000,000 acres will have to be given protection "before the watersheds and important streams are adequately safeguarded," suggest- ing the thought that while less than 7,000,000 acres are to be purchased at once, 75,000,000 acres must ultimately be acquired if the watersheds of the important streams are to be "adequately safeguarded." Your committee is of the opinion that if a commission of ten members of the legislative body, responsible to their constit- uents and to the country for whatever report they may make, is directed to investigate the subject, the information presented in its report will be sufficiently comprehensive and exact to enable Congress to intelligently legislate upon the subject. The commis- sion is given authority to employ experts and such clerical assistants as may be needed, and is required to report to the President not later than January 1, 1H09. Believing that this bill, by opening the way for the States to cooperate with one another, puts it within their power to contribute much to the solution of this impor- tant problem; that the provision it makes for cooperation between the United States, the States, and private owners of forest lands nmst contribute greatly to the rapid extension of scientific forestry; and that by means of the commission for which it provides the most careful study of the whole problem with a view to future legisla- tion is made possible, and that for these reasons the proposed legislation will be of great public advantage, your committee respectfully reports the bill back to the House with the recommendation that it do pass. I I