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In addition to joining in the dissent of the minority and commending 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 purpose of such acquisitions is to preserve and improve the navigability of navigable rivers, apparently following the opinion of the Committee on the Judiciary of the House, as expressed 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 result?" If not, then the theory on wbich the bill is based fails, and its justification also fails, under report No. 1514, referred to above. Upon this relation between the proposed control and navigation or stream tlow the authorities disagree, as set forth at length in the preceeding opinion of the minority. And no agreement exists as to where the necessary 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 proposed new reserves, for a term of years, upon agreement with the

There is little evidence to show 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, the amount of land necessary to be acquired by the National Government in order to carry out the policy in the bill will be increased and add largely to the appropriations required.

It is proposed to appropriate from the revenues of existing forest reserves $1,000,000 for the tirst year, and $2,000,000 annually thereafter 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 is 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, 1907, which directed him to make an investigation of this question (see S. Doc. 91, 60th Cong., 1st sess.), on pages 30, 31, and 32, says:



In order to determine the 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.

The main centers for such mountainous and nonagricultural lands in the Southern Appalachians are, first, the Blue Ridge and Great Smoky Mountains of North Carolina and Tennessee, South Carolina and Georgia; second, the Allegheny Mountains 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 agricultural 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. Regardless of these eliminations they still include some small bodies of agricultural lands.

These areas, though they contain only 10 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. Even though these lands do produce an inferior grade of timber, their sole use must be for timber production. There is no other crop which will hold the gravelly, stony soil in place and keep it from clovging the channels of streams and covering the agricultural valleys which lie below. These nonagricultural and mountainous lands, approximating 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.- área, by States, of nonagricultural and mountainous lands in the Southern


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TABLE 5.-- Area, by watersheds, of nonagricultural and mountainous lunds in the

Southern Appalachians.

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While the lands shown on the map are all in need of protection, they are not all of equal inportance when 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 importance 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, making a total of 2,157,000 acres. The proportion in which this falls in the five water systems included is as follows:

Acres. Connecticut.

429,000 Merrimac

264, 000 Saco.

332,000 Androscoggin

1,002,000 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.


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 tiniber production than for any other purpose. This area will have to be given protection before the hardwood supply is on a safe footing and before the watersheds of the important streams are adequately safeguarded.

If it is a wise policy for the Government to control by 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 final 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 regulate stream flow and assist in maintaining the navigability of navigable rivers. In my opinion the proposed appropriation of $19,000,000 is sufficient 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 by legislative action. It seems to me there of necessity should be required prior thereto an exceedingly 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 anthorize 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 have held many hearings on this subject, 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


information on all phases of the subject, I introduced a bill at the last session, and the fact that the information called for by it is not available seems to justify the printing of it as an appendix. Truly yours,


H. R. 21877. Sixtieth Congress, first session.)

A BILI. To provide for obtaining certain information relative to the White Mountain, Appalachian,

and other watersheds and forests.

Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That a commission consisting of three men, whose duties are defined below, shall be appointed as follows: One by the President of the United States, one by 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 of water supply in the maintenance of the navigability of navigable rivers, and for other purposes.

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 are 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 as 'ertain how much of such areas are now deforested and the condition of the deforested 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 definite and demonstrable physical connection, mediate or immediate, with the maintenance and improvement of the navigability of navigable rivers.

Eighth. To ascertain as accurately as possible the value of the lands of each watershed and the price at which they can be acquired.

Ninth. To ascertain whether any of these watershed areas will be transferred to the United States, either as a gift or to be placed unóler the control of the United States, and if so, for what length of time.

Tenth. If the question implied in paragraph seven is decided affirmatively, to ascertain whetber the control of the watershed areas will be sufficient for the conservation and improvement of the navigability 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 be 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.

Twelith. 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 indirectly benefited that are now navigable, and the number of months each such river is navigable, the depth of water for each month, and the draft 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 the 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 drainage and tiling of farm land has had.

Eighteenth. To ascertain who are the present owners of the areas referred to in this act and when they obtained such lands.


Nineteenth. To ascertain whether large tracts have been recently acquired and whether options have been taken on the lands, and if so, in what quantities.

Twentieth. To ascertain the amount of timber cut on the watersheds aforesaid yearly and the rate of such cutting for a period of years as long as possible.

Twenty-first. To ascertain the facts in the development of water power in such

SEC. 3.•That the said corumission shall have authority to employ expert and unskilled labor necessary to enable them to perform the duties imposed upon them and to fix compensation therefor.

SEC. 4. That each of said three commissioners shall be paid at the rate of five hundred dollars per month and shall receive compensation for necessary personal expenses incurred in the discharge of their duties.

Sec. 5. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of thirty thousand dollars to provide payment for services and expenses authorized by this act.

Sec. 6. That said commission shall report completely, finally, and in full on or before February first, nineteen hundred and nine.

SEC. 7. That the watersheds and other areas described in this act, and which the commission herein provided shall investigate under the provisions of this act, are those located in the following States: Maine, New Hampshire, Vermont, New York, Pennsylvania, Ohio, Kentucky, Tennessee, West Virginia, Virginia, Maryland, North Carolina, South Carolina, Georgia, and Alabama.

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