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REPORT OF THE SUPERINTENDENT OF THE CRATER LAKE NATIONAL PARK.
CRATER LAKE NATIONAL PARK, SIR: I have the honor to submit the annual report on the conditions existing in the Crater Lake National Park from July 1, 1909, to October 15, 1910: GENERAL STATEMENT. The Crater Lake National Park was created by act of Congress approved May 22, 1902. It is situated in Klamath County, Oreg., and has an area of 249 square miles, or 159,860 acres. Crater Lake is near the summit of the Cascade Range, in the crater of an extinct volcano which is estimated to have been more than 16,000 feet high. The lake, which is practically in the center of the park, is approximately 6 miles long and 4 miles wide, and has a water surface of 20-1/4 square miles. The lake is 6,177 feet above sea level and the depth of the water is 2,001 feet. The almost vertical walls of the great caldera in which the lake is situated rise from 1,000 to 2,000 feet above the surface of the water. Crater Lake was first discovered by John Hilman, the leader of a party of gold hunters, on June 12, 1853, and was next seen by white men October 1, 1862, by Chauncey Nye and his party of prospectors and miners. It was known by some of the officers and enlisted men of Fort Klamath, Oreg., as early as 1865, but did not come into much prominence until about 1885, since which time many thousands of visitors and admirers have been attracted to its shores by its beauty and grandeur. Crater Lake is 498 miles north of San Francisco, Cal., and is reached by way of the Southern Pacific Railroad, 436 miles, to Klamath Falls, Oreg., thence by steamer across Klamath Lake to Agency Landing, thence by automobile or team via Fort Klamath. The lake is 62 miles from Klamath Falls and 22 miles from Fort Klamath. The Crater Lake National Park is 416 miles south of Portland, Oreg., and is reached by way of the Southern Pacific Railroad to Medford, 332 miles, or to Ashland, 344 miles; thence by automobile or team. The lake is 84 miles from Medford and 96 miles from Ashland.
On July 1, 1909, the date of the opening of the tourist and working season, it was found that all the government buildings in the park had been seriously damaged by the great weight of the snow of the preceding winter. Since July 1, 1909, the condition and the work of the protection and improvement of the park have been as follows: Immediately after July 1 I proceeded to put all roads, trails, and bridges in the reserve in the best possible condition. Lumber and other building materials were purchased and workmen employed, and the necessary repairs and improvements upon the buildings and fences have been continuously and vigorously prosecuted to the present time. It is believed that hereafter the buildings will be uninjured by the severe winter weather, as heavier and better timbers have been used, the roofs have been made steeper, and the workmanship has been first class in every respect. The cost of the season's work to October 1 has been practically $1,100, divided approximately as follows: Repairs and improvements upon buildings, including materials, $700; repairs upon roads, trails, bridges, and fences, $300; purchase of necessary tools and implements, $100. On October 1, 1909, travel in the park was practically ended for the season. During October there were heavy rains and snows and for a considerable portion of the time the ground was covered with from 6 inches to a foot of snow. The preparations for winter were carried on to the best possible advantage, and on November 8 the work of closing was completed and the superintendent left the park for his winter quarters at Klamath Falls. At that time the snow was 2-1/2 feet deep at the headquarters in the park and was falling at the rate of 2 inches an hour. The entire park was closed to travel until April, 1910, when some of the lower lands were accessible, but it was still impossible to reach the headquarters in the park, as the snow was still very deep and soft. During May I succeeded in reaching the headquarters and remained a part of the month in the park. On June 2 a work camp was established in the reserve. and during the month the roads and trails were cleared of the fallen trees and logs that had accumulated during the winter. The flooring of all the bridges was replaced and the roads and trails were otherwise repaired and improved and put in fairly good condition for travel.
Forest fires have been more numerous and damaging in the forest reserve and the surrounding forests than has ever before been known, although the forest fires in the park this season have done no great amount of damage.
The many duties and contingencies constantly arising along the line of the work of park ranger made it impossible to maintain a sufficient guard over the park with the very inadequate force of one ranger. There should be at the least one permanent park ranger and two temporary rangers to remain on duty from July 1 to September 30 of each year; and, in addition, I recommend that at least one company of soldiers be detailed to duty in this park, to the end that outposts may be established along the lines of the reserve in the more remote sections, the men to act as scouts, game wardens and fire guards to do general ranger duty.
There have been no arrests or trials of offenders during the last season, and so far as known there have been no violations of the rules. The regulations are seldom intentionally violated, but it is difficult to prevent the cutting of the bushes and boughs for beds about the camping places, and to keep persons from painting, carving, and writing names and other things upon rocks, trees, banisters, or boats or other objects. The proper regulation of the carrying of firearms through the park is becoming a problem, as the road through the park is the only one between the settlements lying on one side of the park and the hunting grounds of the Cascade Mountains on the other. During the last season all guns were taken at the superintendent's office, checked, and returned upon presentation of the coupon when the visitor was ready to depart from the park. At one time there were more than 40 guns in the office. Some good gun seals could be used to advantage in handling this perplexing question.
There is a telephone line maintained by the Klamath Telegraph and Telephone Company from Fort Klamath to the superintendent's headquarters in the reserve, and this is connected with a private line constructed by the Crater Lake Company, which extends to the camp at the rim of the crater, thus connecting the superintendent's headquarters and all the camps with Fort Klamath, Klamath Falls, and the outside world.
There were only two concessions held in the park during the past season, both being held by the Crater Lake Company, one for maintaining permanent camps (hotels) in the park and the operation of gasoline launches and rowboats upon Crater Lake for the accommodation of visitors in the reserve; the other was for transporting passengers in and through the park in automobiles. A license fee of $10 each has been charged upon the three automobiles used in such transportation business in the reserve during the season.
There are two camp hotels in the park, one at Camp Arant, near the superintendent's headquarters, and one at Camp Crater, 5 miles distant, at the rim of the crater. The camp at Camp Crater was first opened on July 20, 1909. During the season of 1909 there were 419 persons accommodated at Camp Arant and 125 persons at Camp Crater. During the season now ending 716 guests were accommodated at these camps tip to October 1, 1910.
During the season of 1909 the number of tourists in the park, as shown by the government register, was as follows: June, 163; July, 774; August, 2,350; September, 984; total, 4,171. If a reasonable allowance is made for persons not registered, it is safe to say that during the season there were at the least 5,000 persons in the reserve. Comparatively few persons camped in the park for three days or more; a great many came in and went out the same day, and very few camped in the reserve more than one night; by October 1, 1909, the travel in the park was practically ended for the season. During the season of 1910 the travel in the park appears to be about the same as during the season of 1909, although the government register does not show that there were quite as many names registered, the number registering this year being 4,171. To about August 24 the number traveling in the park was fully equal to that of any previous season, but at this time the forest fires situation became so alarming and dangerous in the mountains adjacent to the park that for a period of two weeks or more there was scarcely any travel in the reserve. Another reason that the registration does not run as high as it should is the very limited ranger force, and having the forest fires to contend with in addition to many other duties many in the park were not called upon to register. If due allowance is made for all persons who from one cause or another were not registered, it would be a conservative estimate to place the number in the reserve during the season of 1910 at 5,000 persons.
There has been one herd of cattle driven through the park by proper authority from western Oregon to the summer range east of the Cascade Mountains. They were driven over the Rogue River and Fort Klamath wagon road and the owners and drovers have complied with the terms of their permit and the rules and regulations of the park.
There are three wagon roads in the parkone running from the south line of the park, a distance of 8 miles, to the superintendent's headquarters; one from the superintendent's headquarters, a distance of 5 miles, to the rim of the crater at Crater Lake; and one from the headquarters in the park to the west line of the park in the direction of Medford, Oreg., a distance of about 7 miles. During the past season all of these roads have been kept in as good condition for travel as was possible with the very small working force available. These roads should be widened and straightened. The soil which forms the surface of these roads is of lava or volcanic formation, and vehicles passing soon cut the surface and convert it into a very fine and deep dust. During the past season the very dusty condition of the roads was the most disagreeable feature of traveling in the park. There being an abundance of water at convenient places I recommend that three good road sprinklers be purchased and that these roads be thoroughly sprinkled during the season of 1911. The cost of such improvement would be nominal in comparison to the benefit received by the traveling public. There are four trails in the reserve. One runs from the wagon road 3 miles south of the lake to Garfield Peak, Applegate Peak, Sun Creek, Sand Creek, The Pinnacles, and Mount Scott in the eastern portion of the park, a distance of 10 miles. One runs from the superintendent's headquarters to Union Peak in the western portion of the park, a distance of 5 miles. A third runs from the superintendent's headquarters to Bybee Creek and Bybee Prairie in the northwest portion of the park, a distance of 8 miles. One trail runs from the rim of the crater to the shore of Crater Lake. All these trails, excepting the last named, are little more than mere horse tracks, very little improvement work ever having been done on them. The trail from the rim to the water's edge is one that is much used and as at present located is 3,580 feet in length. At the rim it is 1,011 feet above the water. Under charge of Maj. J. J. Morrow, Corps of Engineers, U. S. Army, there is now being located and surveyed a system of roads and trails; and under direction of Mr. H. L. Gilbert, chief of engineers in the field, a trail was located and surveyed in the month of August. Until the close of the working season I have had a small force of men working upon the construction of this trail. This new trail, when completed, will be broad, smooth, and of easy and safe grade. It has been finished about two-thirds of the distance from the summit or rim of the crater down to the water of the lake. It will be one of the best pieces of improvement work that has ever been done in the park. During the winter and spring this trail is always considerably washed out and injured by the rains and melting snows. Considerable repair work will be necessary besides the remaining construction work. There are 13 bridges upon the roads in the reserve ranging from 16 to 104 feet in length. No new bridges have been built this season, and only small amount of repair work has been necessary, but the bridges will require considerable repair and improvement work during the season of 1911.
In the spring of 1909 all the buildings at the superintendent's headquarters in the park were found to be very seriously damaged by the snows of the preceding winter. During the season of 1909 repairs to all the framing and to the outside work were completed. All was done that was necessary to give them the strength to resist the great weight of the snow, but owing to a lack of funds the materials for the inside finishing were not purchased, nor was the finishing work done last season. This season all materials necessary for the work have been purchased and all the woodwork upon the buildings has been completed and some of the painting has been done, though some additional painting will be necessary during the next season. The small amount of fencing in the reserve was properly repaired in the beginning of the season and is now in good condition.
Greater numbers of both bear and deer have been seen in the park during the past summer than during any previous season; it is therefore believed that both of these species of animals are increasing in the reserve. A good many pine martin, fisher, and timber squirrels have been seen, and since trapping has been prohibited in the park it is reasonable to believe that they, too, are increasing. Grouse and native pheasants and some other upland birds appear to be more plentiful than during former seasons. All the animals and birds are much tamer than during the former seasons.
The species of fish in Crater Lake are the rainbow trout and lake trout. There were no fish in the lake until they were planted there, the first few in 1887 and a larger number in 1893. In Lower Anna Creek are the Dolly Varden trout. Fishing in Crater Lake is permitted under the following rules: Open season from July 1 to September 30 with hook and line only, the catch of each angler being limited to five fish in any one day. During this month 50,000 fry of the rainbow trout have been planted in Crater Lake by Mr. A. L. Parkhurst, of the Crater Lake Company.
There are approximately 1,337 acres of patented lands in the southeastern corner of the park; these lands are mainly timber lands and, so far as known, there is no one living permanently upon them within the limits of the park, but there is a possibility that there may be summer homes built upon some of them in the near future. The situation in regard to these patented lands is about as it was a year ago, excepting that there is now and then a tract of it going into the hands of some timber speculator. There are 1,121.11 acres of unperfected bona fide claims. I can not urge too strongly the acquisition of these lands by the Government.
By observing the utmost caution in regard to the quality, condition, and the management of all boats upon the lake and all automobiles and other conveyances used upon the roads, it is a pleasure to note that no accidents have occurred in the park during the season.
That a company of soldiers be detailed to duty in this park during the season of 1911 to act as scouts, game wardens, and fire guards, and for general park ranger duty. That the patented lands in the southeastern corner of the park be purchased by the Government. That the boundaries of the park be extended west and north so as to take in sufficient territory on the western and lower slope of the Cascade Mountains for a game preserve. That Crater Lake be stocked with the small brown crawfish for fish food, and that upper Anna Creek, East Anna Creek, Sand Creek, and Castle Creek be stocked with eastern brook trout. Estimates of appropriations for necessary improvements and a proper administration of the affairs of the park have previously been submitted. Very respectfully, W. F. ARANT, The SECRETARY OF THE INTERIOR. REPORT OF SPECIAL INSPECTOR OF THE DEPARTMENT ON POWER DEVELOPMENT AND ROADS. FEDERAL BUILDING, SPOKANE, WASH., SIR: In accordance with your verbal instructions of August 30, 1910, the following preliminary report on the proposed hydro-electric power development, and roads in the Crater Lake National Park, Oregon, is respectfully submitted: HYDRO-ELECTRIC POWER DEVELOPMENT. The water supply for the proposed power development will be taken from Anna Creek, which has its source in a large spring issuing from a hill which forms the base of the Crater Lake rim, near Camp Arant. The spring is approximately 5 miles from the camp at Crater Lake. The writer visited Anna Creek during, perhaps, the extreme low water (September 3 and 4) and estimates the flow at that time to be approximately 6 second-feet. By going down the stream approximately 1,500 feet a head of about 80 feet may be attained. With a flow of 6 second-feet and an 80-foot head these will produce approximately 54.5 theoretical horsepower. With an efficiency of 70 per cent the output of such a plant is approximately 38.1 horsepower. One electrical horsepower is equal to one mechanical horsepower, which is equal to 746 watts. As the common 110-volt lamp consumes approximately 56.1 watts, one horsepower will furnish light for 13.3 lamps. Therefore a plant of 38.1 horsepower will operate 507 110-volt, 16-candlepower lamps. Mr. Alfred L. Parkhurst, manager of the Crater Lake Company, informs me that his company will need about 300 110-volt, 16-candle power lamps. Such a plant as described above would operate the 300 lamps, and supply in addition approximately 15.5 horsepower for power purposes. It will be seen that such a plant would be useful only for lighting purposes, and this on a very small scale. If such a plant is constructed it will take all the water from Anna Creek, and convert a very pretty little stream, crossed by the main road to the lake proper, into a dry gulch. By throwing an artistic dam across Anna Creek a very pretty little lake could be formed in Anna Creek canyon, and the small reservoir would be an advantage in the operation of such a plant. The evil of depriving Anna Creek of its waters at this point can be overcome and a plant of larger capacity can be built at the falls of Anna Creek, about 5 or 6 miles below Camp Arant. Numerous springs which enter Anna Creek between its head and the falls materially increase the discharge of the stream at the falls. I did not gauge the stream at the falls (because I did not have this information until I was leaving the park, not having seen Superintendent Arant before). Superintendent Arant told me that the fall at this point on Anna Creek is between 60 and 70 feet, and that the discharge is five or six times that of the spring at the head of Anna Creek. This would give a low-water discharge of about 30 or 40 second-feet. With a head of 60 feet and a discharge of 30 second-feet, a plant at this point would develop approximately 205 theoretical horsepower; with an efficiency of 70 per cent the output of such a plant would be approximately 145 horsepower, or an increase in the output of the plant over the one at Camp Arant of 107 horsepower. The plant at the falls on Anna Creek would require a transmission line 5 or 6 miles longer than a plant located at Camp Arant, but the falls or near the falls is the logical point for such a plant, and I recommend that any further investigation of such a project be made at the falls of Anna Creek and not at Camp Arant. Before permission is granted to this company to install such a plant it should submit to the Secretary for his approval complete plans and specifications and the report of the engineer who prepared them. During the progress of the work a representative of the department should be on the ground to see that the work is properly done in accordance with plans and specifications, or else occasional inspection trips should be made by the department's representative.
At the present time the principal routes to Crater Lake National Park are from Medford, Oreg., on the Southern Pacific Railroad, by automobile, stage, or team (distance from Medford to Crater Lake is approximately 84 miles), and by way of Klamath Lake. The trip via Klamath is as follows: From Weed, on the Southern Pacific Railroad, to Klamath Falls, Oreg., by rail; from Klamath Falls to Agency Landing by boat; from Agency Landing to Crater Lake by automobile, stage, or teamdistance, approximately 34 miles. There is also a steam railroad under construction from Medford, Oreg., to Crater Lake. The road from Medford, Oreg., to the park boundary has long, steep grades, many chuck holes, and in places is much too narrow. Generally speaking, it is a very poor road. At the time I was there (September 3 and 4) the State had grade stakes set for a regrade of the old road to the park boundary. On this part of the road, approximately 75 miles, from Medford to the lake, is by far the most difficult construction. From the park boundary to a point a short distance beyond Camp Arant, approximately 6 miles, the present road is narrow and winds among the trees, making transportation by automobile slow, but it is in very good condition and traverses practically level, smooth country, through which a good road can be very cheaply constructed. From Camp Arant to the lake, approximately 4 miles, the country traversed is very steep and hilly, but if the road is carefully located easy grades can be established, and the construction is not difficult. For about the first 5 miles of the road material for macadam can not be obtained close to the road, and it will probably have to be hauled some distance. There is plenty of rock for macadam close to the present road for the 5 miles from Camp Arant to the lake. The best available rock for the macadam is the basalt, some of which is very hard and will make very good road metal. By careful selection suitable material can be found for macadam. Little or no money should be expended on these roads until a complete and comprehensive road plan for the entire park is worked out. The road from Camp Arant to Agency Landing on Klamath Lake follows the right side of Anna Creek Canyon. At present it is too far from the canyon side to afford a view of the beautiful canyon from the stage. If this road is reconstructed it should be relocated nearer to Anna Creek Canyon rim. Within the park limits this road traverses a smooth, gently sloping country through which a good road could be easily constructed at a reasonable cost. There is rock for macadam very close to the road and by careful selection suitable material can probably be found close at hand. The length of this road within the limits of the parkCrater Lake to boundaryis approximately 10 miles. At the present time it is in very fair condition for travel.
At the present time there are only a few bridges over the above roads within the park limits. I think only two or three. While these are serviceable, they are unsightly, shaky, and should be replaced as soon as possible by artistic structures. A small sawmill should be installed in the park to saw up the ripe timber for the construction of bridges, buildings, etc., within the park.
At the last session of Congress an appropriation of $10,000 was made to be expended under the direction of the Secretary of War, by the Chief of Engineers, United States Army, for a preliminary survey of roads and trails in the park. On September 3 and 4, when the writer was in the park, a corps of civilian engineers were engaged in locating the road around the rim of Crater Lake. This road should be a first-class macadam or oiled macadam road, and should keep the lake in view even at considerable additional expense for construction. These surveys are being made under the personal supervision of Maj. J.,J. Morrow, Corps of Engineers. U. S. Army. While these road surveys are in progress it would be economy to have a general plan for a sewer system, water-supply system, and road-sprinkling system worked up at the same time, and make the future villages and camps conform themselves to these general plans. There is no better time to do these things than at present.
It is recommended that the Crater Lake Company be permitted to develop power on Anna Creek, and that the plant be located near the falls, such permit to be granted when the company submits complete plans, specifications, and the engineer's report. Said installation to be under the direction of the department's representative. That a complete and comprehensive road and trail plan together with specifications be prepared and approved for the entire park before any extensive construction is undertaken. That complete and comprehensive plans and specifications be prepared and approved for a sewer system, water supply, and road-sprinkling system before any other work is undertaken and before the park becomes settled. After the plans and specifications are approved the work should be executed under the personal supervision of a competent engineer. The work of the engineer should be inspected occasionally by the department's representative from time to time. No makeshift construction should be allowed in the park. This applies especially to the roads, sewer system, water supply, and hydro-electric power development. Whatever work is done should be performed in the best possible, economical manner. I recommend that the highways be constructed in accordance with plans and specifications similar to those of the Massachusetts state highway commission, where a purely macadamized highway is constructed. I also recommend careful consideration of the various forms of oiled macadam roads. By this I do not mean a macadam road merely sprinkled with oil, but one in which the asphalt oil is so incorporated throughout the body of the road that practically an asphalt concrete is formed, which practically overcomes the dustsuch a road as that known as the "Oileroid" or "Petrolitlic." The general plan for the roads in this park should establish a maximum width for the macadamized part of the road. Where the topography will permit I think the width of these roads should not exceed 14 feet for the macadamized part, certainly not to exceed 16 feet for the macadamized part of the roads. Where the roads traverse steep slopes, endangering human life in case of accident, this width, of course, should be increased somewhat. In such cases a width of 20 feet would, perhaps, be safe. In estimating the cost of macadam road or oiled macadam roads in this vicinity I think $1.25 per square yard can be relied on to cover the macadamized part. The cost of the grading, of course, depends upon the topography. Very respectfully, E. A. KEY, The SECRETARY OF THE INTERIOR. RULES AND REGULATIONS. GENERAL REGULATIONS OF JUNE 10, 1908. By act of Congress approved May 22, 1902, the tract of land bounded north by the parallel forty-three degrees four minutes north latitude, south by forty-two degrees forty-eight minutes north latitude, east by the meridian one hundred and twenty-two degrees west longitude, and west by the meridian one hundred and twenty-two degrees sixteen minutes west longitude, having an area of 249 square miles, in the State of Oregon, and including Crater Lake, has been reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public park or pleasure ground for the benefit of the people of the United States, to be known as "CRATER LAKE NATIONAL PARK." The park by said act is placed under the exclusive control of the Secretary of the Interior, and these rules and regulations are made and published in pursuance of the duty imposed on him in regard thereto. 1. It is forbidden to injure, or destroy in any manner, any of the natural curiosities or wonders within the park, or to disturb the mineral deposits in the reservation, except under the conditions prescribed in paragraph 11 of these regulations. 2. It is forbidden to cut or injure any timber growing on the park lands, except for use in the construction of places of entertainment and in connection with the working of located mining claims, or to deface or injure any government property. Camping parties and others on the reservation will be allowed to use dead or fallen timber for fuel, in the discretion of the superintendent. 3. Fires should be lighted only when necessary and completely extinguished when not longer required. The utmost care must be exercised at all times to avoid setting fire to the timber and grass. 4. Hunting or killing, wounding or capturing any bird or wild animal on the park lands, except dangerous animals when necessary to prevent them from destroying life or inflicting an injury, is prohibited. The outfits, including guns, traps, teams, horses, or means of transportation used by persons engaged in hunting, killing, trapping, ensnaring, or capturing such birds or wild animals, or in possession of game killed on the park lands under other circumstances than prescribed above, will be taken up by the superintendent and held subject to the order of the Secretary of the Interior, except in cases where it is shown by satisfactory evidence that the outfit is not the property of the person or persons violating this regulation and the actual owner thereof was not a party to such violation. Firearms will only be permitted in the park on written permission from the superintendent thereof. 5. Fishing with nets, seines, traps, or by the use of drugs or explosives, or in any other way than with hook and line, is prohibited. Fishing for purposes of merchandise or profit is forbidden. Fishing may be prohibited by order of the superintendent in any of the waters of the park, or limited therein to any specified season of the year, until otherwise ordered by the Secretary of the Interior. 6. No person will be permitted to reside permanently, engage in any business, or erect buildings, etc., upon the government lands in the park without permission, in writing, from the Secretary of the Interior. The superintendent may grant authority to competent persons to act as guides and revoke the same in his discretion. No pack trains will be allowed in the park unless in charge of a duly registered guide. 7. Owners of patented lands within the park limits are entitled to the full use and enjoyment thereof; such lands, however, shall have the metes and bounds thereof so marked and defined that they may be readily distinguished from the park lands. Stock may be taken over the park lands to patented lands with the written permission and under the supervision of the superintendent. 8. The herding or grazing of loose stock or cattle of any kind on the government lands in the park, as well as the driving of such stock or cattle over the same, is strictly forbidden, except in such cases where authority therefor is granted by the superintendent. 9. No drinking saloon or barroom will be permitted upon government lands in the park. 10. Private notices or advertisements shall not be posted or displayed on the government lands within the reservation. except such as may be necessary for the convenience and guidance of the public. 11. The act provides that, under such regulations as the Secretary of the Interior may prescribe, the reservation shall be open "to the location of mining claims and the working of the same." It was not the purpose of this provision to extend the mining laws to the park without limitation, but only to authorize the location and working of mining claims thereon, under regulations to be prescribed by the Secretary of the Interior, and in such manner as not to interfere with or prejudicially affect the general purpose for which the reservation was established. It is therefore prescribed: (a) That persons desiring to locate mining claims within the park shall enroll their names and addresses with the superintendent of the reservation, and shall file with such superintendent a description, in writing, of the land desired to be located. They shall also file with the superintendent evidence that they are severally qualified to make locations under the mining laws, and before entering upon the park for such purpose they must obtain from the Secretary of the Interior, through the superintendent, a written permit to do so. Such permit will be issued only upon condition that the applicant or applicants therefor, while upon the reservation, will not destroy or damage any game, fish, timber, or natural objects therein, and will strictly observe and comply with the requirements of the law and these regulations. (b) Lands in the park upon which valuable deposits of mineral shall have been or may be found may be located under the mining laws by any person or persons duly qualified and holding a permit such as is described in the preceding paragraph, and such person or persons, his or their successor or successors in interest, may work the claim or claims so located; but in carrying on the work he or they shall in all respects observe and comply with the provisions of the statute creating the park and with these regulations: Provided, That such person or persons may, as the proper working of such mining claim or claims shall require, be permitted to use, for mining purposes, such timber or stone found upon the land located as in the judgment of the superintendent may be so used without injury or damage to the reservation "as a public park or pleasure ground:" And provided further, That within thirty days after the location of any mining claim within the park, and before development work thereon shall be commenced, a copy of the notice of location shall be filed with the superintendent, together with proof satisfactorily showing that discovery of a valuable mineral deposit has been made within the limits of the location, and, if it be a placer location, that every 10-acre tract embraced therein has been found to contain valuable deposits of mineral. (c) The statute does not authorize the purchase of or the acquisition of the legal title to lands located as mining claims within the park. The rights of the locator or locators, therefore, will be at all times subject to forfeiture upon breach of any of the conditions mentioned in the permit herein provided for, or upon refusal or failure to comply with any of the provisions of the statute or of these regulations. (d) Upon breach of any such conditions, or upon refusal or failure to comply in all respects with the provisions of the statute and of these regulations, or where locators of mining claims do not appear to be acting in good faith, or who, after location, do not work their claims in such manner as to show good faith in the assertion thereof, the superintendent will revoke their permits, forthwith remove them from the park, and report the facts to the Secretary of the Interior. 12. Persons who render themselves obnoxious by disorderly conduct or bad behavior, or who violate any of the foregoing rules, will be summarily removed from the park and will not be allowed to return without permission, in writing, from the Secretary of the Interior or the superintendent of the park. No lessee or licensee shall retain in his employ any person whose presence in the park shall be deemed and declared by the superintendent to be subversive of the good order and management of the reservation. 13. Any person who violates any of the foregoing regulations will be deemed guilty of a misdemeanor and, upon conviction, be fined not more than $500 or imprisoned not more than one year, and shall be liable for any loss sustained by the United States as a result of such violation, as provided by the act creating the park. 14. The superintendent designated by the Secretary is hereby authorized and directed to remove all trespassers from the government lands in the park and enforce these rules and regulations and all the provisions of the act of Congress aforesaid.
Horses, cattle, or other domestic live stock running at large or being herded or grazed in the Crater Lake National Park without authority from the Secretary of the Interior will be taken up and impounded by the superintendent, who will at once give notice thereof to the owner, if known. If the owner is not known, notice of such, impounding, giving a description of the animal or animals, with the brands thereon, will be posted in six public places inside the park and in two public places outside the park. Any owner of an animal thus impounded may, at any time before the sale thereof, reclaim the same upon proving ownership and paying the cost of notice and all expenses incident to the taking up and detention of such animal, including the cost of feeding and caring for the same. If any animal thus impounded shall not be reclaimed within thirty days from notice to the owner or from the date of posting notices, it shall be sold at public auction at such time and place as may be fixed by the superintendent after ten days' notice, to be given by posting notices in six public places in the park and two public places outside the park, and by mailing to the owner, if known, a copy thereof. All money received from the sale of such animals and remaining after the payment of all expenses incident to the taking up, impounding, and selling thereof shall be carefully retained by the superintendent in a separate fund for a period of six months, during which time the net proceeds from the sale of any animal may be claimed by and paid to the owner upon the presentation of satisfactory proof of ownership, and if not so claimed within six months from the date of sale such proceeds shall be turned into the Crater Lake National Park fund. The superintendent shall keep a record in which shall be set down a description of all animals impounded, giving the brands found on them, the date and locality of the taking up, the date of all notices and manner in which they were given, the date of sale, the name and address of the purchaser, the amount for which each animal was sold and the cost incurred in connection therewith, and the disposition of the proceeds. The superintendent will, in each instance, make every reasonable effort to ascertain the owner of animals impounded and to give actual notice thereof to such owner. Application for permission to drive stock through the Crater Lake National Park, Oregon. __________, 19__ The SUPERINTENDENT OF THE CRATER LAKE NATIONAL PARK. SIR: I, __________, a citizen of the United States and a resident of __________, county of __________, State of __________, hereby make application for permission to drive __________ head of loose stock or cattle over the main traveled wagon road leading through the Crater Lake National Park, Oregon, en route from __________ to __________; I hereby agree that I will cross the park boundary with my stock on the __________ day of __________, 19__, and will not occupy more than __________ days in crossing the reservation; that I will cause the stock to be moved expeditiously over the road through the park, and will not allow the same to scatter, stop, graze, or pasture upon any of the places used or occupied by the public. I further agree to observe and obey all the rules and regulations for the government of the Crater Lake National Park. __________ Approved and permit granted __________
[Excerpt from an act entitled "An act to provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes," approved June 25, 1910 (36 Stat., 857), providing punishment for depredations and for nonextinguishment of ares on public lands, etc.] SEC. 6. That section fifty of the act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine (Thirty-fifth United States Statutes at Large, page one thousand and ninety-eight), is hereby amended so as to read: "SEC. 50. Whoever shall unlawfully cut, or aid in unlawfully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands, belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both." That section fifty-three of said act is hereby amended so as to read: "SEC. 53. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall, before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both." |
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2-Aug-2006