I Conversation Contents Meeting Request -- Deputy Solicitor Jorjani Heath Heikkila From: Sent: To: CC: Subject: Heath Heikkila Thu Sep 14 2017 10:58:03 GMT-0600 (MDT) "Caminiti, Mariagrazia" "daniel_jorjani@ios.doi.gov" Meeting Request -- Deputy Solicitor Jorjani Hi Mari Grace – I am writing in the hopes of scheduling a meeting with Principal Deputy Solicitor Daniel Jorjani for myself and Lawson Fite, General Counsel of the American Forest Resource Council (AFRC). AFRC is based in Portland, Oregon and advocates for active, sustained yield management of public forestlands in five Western states. Mr. Fite and I will be in Washington, D.C. September 27-29 and would appreciate the opportunity to meet with Mr. Jorjani to discuss legal issues related to the BLM O&C lands in Western Oregon. We can also provide Mr. Jorjani a short update on Congressional efforts to address the Cottonwood Environmental Law Center v. U.S. Forest Service decision. It appears that Mr. Fite will be testifying at an upcoming Senate Committee hearing on related legislation currently pending in Congress. Please let me know if there is a day/time that would be convenient for Mr. Jorjani to meet or if you need additional information. Thank you, Heath Heikkila Director, Government Affairs American Forest Resource Council 924 Capitol Way South, Suite 102 Olympia, WA 98501 (202) 285-3514 cell (253) 248-0650 direct "Caminiti, Mariagrazia" From: Sent: To: Subject: "Caminiti, Mariagrazia" Tue Sep 19 2017 09:20:35 GMT-0600 (MDT) "Jorjani, Daniel" Fwd: Meeting Request -- Deputy Solicitor Jorjani you mentioned having Rick in this meeting with Heath, should I also include Laura or Aaron? mg ---------- Forwarded message ---------From: Heath Heikkila Date: Thu, Sep 14, 2017 at 12:58 PM Subject: Meeting Request -- Deputy Solicitor Jorjani To: "Caminiti, Mariagrazia" Cc: "daniel jorjani@ios.doi.gov" Hi Mari Grace – I am writing in the hopes of scheduling a meeting with Principal Deputy Solicitor Daniel Jorjani for myself and Lawson Fite, General Counsel of the American Forest Resource Council (AFRC). AFRC is based in Portland, Oregon and advocates for active, sustained yield management of public forestlands in five Western states. Mr. Fite and I will be in Washington, D.C. September 27-29 and would appreciate the opportunity to meet with Mr. Jorjani to discuss legal issues related to the BLM O&C lands in Western Oregon. We can also provide Mr. Jorjani a short update on Congressional efforts to address the Cottonwood Environmental Law Center v. U.S. Forest Service decision. It appears that Mr. Fite will be testifying at an upcoming Senate Committee hearing on related legislation currently pending in Congress. Please let me know if there is a day/time that would be convenient for Mr. Jorjani to meet or if you need additional information. Thank you, Heath Heikkila Director, Government Affairs American Forest Resource Council 924 Capitol Way South, Suite 102 Olympia, WA 98501 (202) 285-3514 cell (253) 248-0650 direct -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. "Jorjani, Daniel" From: Sent: To: Subject: "Jorjani, Daniel" Tue Sep 19 2017 09:32:52 GMT-0600 (MDT) "Caminiti, Mariagrazia" Re: Meeting Request -- Deputy Solicitor Jorjani Can you ask HH if he cares one way or the other. I would lean towards including them. Daniel H. Jorjani U.S. Department of the Interior Acting Solicitor & Principal Deputy Solicitor Main Interior Building, Suite 6356 ' 202-219-3861 (Voice) • 202-706-9018 (Cell) G _____ _ daniel.jorjani@sol.doi.gov This electronic message contains information generated by the US Department of the Interior solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. On Tue, Sep 19, 2017 at 11:20 AM, Caminiti, Mariagrazia wrote: you mentioned having Rick in this meeting with Heath, should I also include Laura or Aaron? mg ---------- Forwarded message ---------From: Heath Heikkila Date: Thu, Sep 14, 2017 at 12:58 PM Subject: Meeting Request -- Deputy Solicitor Jorjani To: "Caminiti, Mariagrazia" Cc: "daniel jorjani@ios.doi.gov" Hi Mari Grace – I am writing in the hopes of scheduling a meeting with Principal Deputy Solicitor Daniel Jorjani for myself and Lawson Fite, General Counsel of the American Forest Resource Council (AFRC). AFRC is based in Portland, Oregon and advocates for active, sustained yield management of public forestlands in five Western states. Mr. Fite and I will be in Washington, D.C. September 27-29 and would appreciate the opportunity to meet with Mr. Jorjani to discuss legal issues related to the BLM O&C lands in Western Oregon. We can also provide Mr. Jorjani a short update on Congressional efforts to address the Cottonwood Environmental Law Center v. U.S. Forest Service decision. It appears that Mr. Fite will be testifying at an upcoming Senate Committee hearing on related legislation currently pending in Congress. Please let me know if there is a day/time that would be convenient for Mr. Jorjani to meet or if you need additional information. Thank you, Heath Heikkila Director, Government Affairs American Forest Resource Council 924 Capitol Way South, Suite 102 Olympia, WA 98501 (202) 285-3514 cell (253) 248-0650 direct -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. "Caminiti, Mariagrazia" From: Sent: To: Subject: "Caminiti, Mariagrazia" Wed Sep 27 2017 13:51:03 GMT-0600 (MDT) "Jorjani, Daniel" Fwd: Meeting Request -- Deputy Solicitor Jorjani before I add Cally to this meeting- did you decide whether to include anyone from DLR as well? mg ---------- Forwarded message ---------From: Heath Heikkila Date: Tue, Sep 19, 2017 at 12:19 PM Subject: Re: Meeting Request -- Deputy Solicitor Jorjani To: "Caminiti, Mariagrazia" I am checking with Lawson Fite, AFRC General Counsel, and will let you know. Thank you for your help to schedule it. On Sep 19, 2017, at 8:45 AM, Caminiti, Mariagrazia wrote: Heath, Dan wants to include Rick Goeken and Laura Brown and Aaron Moody - will that work? mg On Thu, Sep 14, 2017 at 12:58 PM, Heath Heikkila wrote: Hi Mari Grace – I am writing in the hopes of scheduling a meeting with Principal Deputy Solicitor Daniel Jorjani for myself and Lawson Fite, General Counsel of the American Forest Resource Council (AFRC). AFRC is based in Portland, Oregon and advocates for active, sustained yield management of public forestlands in five Western states. Mr. Fite and I will be in Washington, D.C. September 27-29 and would appreciate the opportunity to meet with Mr. Jorjani to discuss legal issues related to the BLM O&C lands in Western Oregon. We can also provide Mr. Jorjani a short update on Congressional efforts to address the Cottonwood Environmental Law Center v. U.S. Forest Service decision. It appears that Mr. Fite will be testifying at an upcoming Senate Committee hearing on related legislation currently pending in Congress. Please let me know if there is a day/time that would be convenient for Mr. Jorjani to meet or if you need additional information. Thank you, Heath Heikkila Director, Government Affairs American Forest Resource Council 924 Capitol Way South, Suite 102 Olympia, WA 98501 (202) 285-3514 cell (253) 248-0650 direct -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. -- Marigrace Caminiti Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited. If you receive this Message in error, please notify the sender immediately and destroy all copies. Conversation Contents Invitation: AFRC Lawson Fite and Heath Heikkila @ Thu Sep 28, 2017 4:30pm 5pm (daniel.jorjani@sol.doi.gov) Attachments: /2. Invitation: AFRC Lawson Fite and Heath Heikkila @ Thu Sep 28, 2017 4:30pm - 5pm (daniel.jorjani@sol.doi.gov)/1.1 invite.ics /2. Invitation: AFRC Lawson Fite and Heath Heikkila @ Thu Sep 28, 2017 4:30pm - 5pm (daniel.jorjani@sol.doi.gov)/1.2 invite.ics Mariagrazia Caminiti From: Sent: To: Subject: Attachments: Mariagrazia Caminiti Mon Sep 25 2017 10:43:05 GMT-0600 (MDT) daniel.jorjani@sol.doi.gov, hheikkila@amforest.org, richard.goeken@sol.doi.gov Invitation: AFRC Lawson Fite and Heath Heikkila @ Thu Sep 28, 2017 4:30pm - 5pm (daniel.jorjani@sol.doi.gov) invite.ics invite.ics AFRC Lawson Fite and Heath Heikkila When Thu Sep 28, 2017 4:30pm – 5pm Eastern Time Where 6342 SOL Conf Rm. (map) more details » Video call Non-responsive Calendar daniel.jorjani@sol.doi.gov Who • • • • marigrace.caminiti@sol.doi.gov - organizer daniel.jorjani@sol.doi.gov hheikkila@amforest.org richard.goeken@sol.doi.gov Going? Yes - Maybe - No more options » Invitation from Google Calendar You are receiving this email at the account daniel.jorjani@sol.doi.gov because you are subscribed for invitations on calendar daniel.jorjani@sol.doi.gov. To stop receiving these emails, please log in to https://www.google.com/calendar/ and change your notification settings for this calendar. Forwarding this invitation could allow any recipient to modify your RSVP response. Learn More. From: To: Subject: Start: End: Location: marigrace.caminiti@sol.doi.gov daniel.jorjani@sol.doi.gov; hheikkila@amforest.org; marigrace.cam nit @sol.doi.gov; richard.goeken@sol.doi.gov AFRC Lawson Fite and Heath Heikkila Thursday, September 28, 2017 4:30:00 PM Thursday, September 28, 2017 5:00:00 PM 6342 SOL Conf Rm. -::~:~::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::~:~::Please do not edit this section of the description. This event has a Google Hangouts video call. Join: Non-responsive View your event at https://www.google.com/calendar/event? action VIEW&eid M3NqdTcxb2h0amFibnN1bG9oOXZ0OTZibGUgZGFuaWVsLmpvcmphbmlAc29sLmRvaS5nb3Y&tok MzAjbWFyaWdyYWNlLmNhbWluaXRpQHNvbC5kb2kuZ292OWE1Y2NmZGIwMTZhYWU0OTc0Nzk1OTBiNmZkOTkzMjA2ZGFmNWZlOQ&ctz America/New_York&hl en. -::~:~::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::~:~::- From: To: Subject: Start: End: Location: marigrace.caminiti@sol.doi.gov daniel.jorjani@sol.doi.gov; hheikkila@amforest.org; marigrace.cam nit @sol.doi.gov; richard.goeken@sol.doi.gov AFRC Lawson Fite and Heath Heikkila Thursday, September 28, 2017 4:30:00 PM Thursday, September 28, 2017 5:00:00 PM 6342 SOL Conf Rm. -::~:~::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::~:~::Please do not edit this section of the description. This event has a Google Hangouts video call. Join: Non-responsive View your event at https://www.google.com/calendar/event? action VIEW&eid M3NqdTcxb2h0amFibnN1bG9oOXZ0OTZibGUgZGFuaWVsLmpvcmphbmlAc29sLmRvaS5nb3Y&tok MzAjbWFyaWdyYWNlLmNhbWluaXRpQHNvbC5kb2kuZ292OWE1Y2NmZGIwMTZhYWU0OTc0Nzk1OTBiNmZkOTkzMjA2ZGFmNWZlOQ&ctz America/New_York&hl en. -::~:~::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::~:~::- Conversation Contents Meeting Request and Letter from AFRC Regarding O&C Lands and CSNM Attachments: /3. Meeting Request and Letter from AFRC Regarding O&C Lands and CSNM/1.1 Letter to Zinke, CSNM and PL 101-419, 082017.pdf /3. Meeting Request and Letter from AFRC Regarding O&C Lands and CSNM/1.2 Solicitor's Opinion, O&C and Oregon Caves 1940.pdf Heath Heikkila From: Sent: To: Subject: Attachments: Heath Heikkila Mon Aug 21 2017 11:12:10 GMT-0600 (MDT) "daniel_jorjani@ios.doi.gov" Meeting Request and Letter from AFRC Regarding O&C Lands and CSNM Letter to Zinke, CSNM and PL 101-419, 082017.pdf Solicitor's Opinion, O&C and Oregon Caves 1940.pdf Dan – I trust you are well. I am writing this as the light continues to fade with the solar eclipse here in the Pacific Northwest. Pretty amazing! I have two purposes for writing you today. First, AFRC asked me to share the attached letter to Secretary Zinke with you. As you know, AFRC has cited to a 1940 Solicitor’s Opinion (attached) that the President does not have the authority to designate O&C lands as a national monument since Congress reserved them for permanent timber production. AFRC’s latest letter points to a more recent law, from 1990, that reaffirmed that the O&C lands have been reserved by Congress for permanent timber production. We thought this might be helpful as the Department finalizes the Secretary’s Antiquities Act report. Second, AFRC’s General Counsel, Lawson Fite, will be in DC in early October and would appreciate an opportunity to meet with you and Richard Goeken, if possible. I may also join Lawson for the meetings. Lawson is a available Monday, October 2 and Tuesday, October 3. I will email your Executive Assistant to make the formal request, but I wanted to contact you in advance. Have a great week! Regards, Heath Heikkila Director, Government Affairs American Forest Resource Council 924 Capitol Way South, Suite 102 Olympia, WA 98501 (202) 285-3514 cell (253) 248-0650 direct AMERICAN FOREST RESOURCE COUNCIL August 18, 2017 The Honorable Ryan Zinke Secretary United States Department of the Interior 1849 C Street, NW Washington, DC 20240 Re: Review of the Cascade-Siskiyou National Monument Expansion Dear Secretary Zinke: On behalf of the American Forest Resource Council and other Oregon stakeholders, thank you for taking the time to come to Oregon earlier this month to inspect the Cascade-Siskiyou National Monument. We hope that your meetings and tours were informative. As you continue your review of the Cascade-Siskiyou National Monument under Executive Order 13792, 1 we wanted to bring to your attention a 1990 law reaffirming that the O&C lands have been reserved by Congress for timber production. The reservation of the O&C lands for "permanent forest production," under which "the timber thereon shall be sold, cut, and removed in conformity with the princip[le] of sustained yield," 2 precludes the President from including O&C lands in any National Monument. The Antiquities Act pe1mits the President to "reserve parcels ofland as a part of the national monuments." 3 O&C lands do not fall within this authority because they have already been reserved. In 1990, Congress passed , and President George H.W. Bush signed, Public Law No. 101-419. 4 The Act transferred about 40 acres of O&C lands from the federal government to the Rogue Community College District in Josephine County. 5 The Act contained a reversion , providing that the land would revert to the United States and to O&C land status if it ceased to be used for educational purposes. 6 The Act passed both Houses of Congress by voice vote and was signed by President Bush on October 12, 1990.7 1 Executive Order 13792 of April 26, 2017, "Review of Designations Under the Antiquitie s Act." 82 Fed. Reg. 20,429 (May 1, 2017). 2 Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937 ("O&C Act"), 43 U.S.C. § 2601 (formerly codified at 43 U.S.C. § 1181a). 3 Antiquities Act of 1906, 54 U.S.C. § 32030 l(b). 4 Pub. L. No. 101-419, An Act to Convey certain Oregon and California Railroad Grant Lands in Jos eph ine County, Oregon, to the Rogue Commu nity College District, and/or otherpwp oses, 104 Stat. 907 (Oct. 12, 1990). 5 Id.§ l(b). 6 Id. § 2(d). 7 104 Stat. at 907. 5100 S.W. Macadam Avenue , Suite 350 Portland, Oregon 97239 Tel. (503) 222-9505 • Fax (503) 222-3255 Hon. Ryan Zinke August 18, 2017 Page 2 By passing the 1990 Act, Congress necessarily affomed that the subject lands - O&C lands had been withdrawn from the public domain. Earlier, BLM attempted to transfer the land under the Federal Property and Administrative Service Act (FPASA). 8 FP ASA permits the General Services Administration (GSA) to dispose of surplus federal "property," including real property, for educationa l and other purposes. 9 However, "property" subject to FPASA excludes "land withdrawn or reserved from the public domain." 10 As the 1990 legislation's sponsor, Sen. Mark Hatfield, stated, "the GSA [w]as unable to implement the transfer and sale due to the prope11y's special designation as O&C land." 11 Congress therefore concluded "conveying title to the land occupied by the college requires the legislative solution" contained in the 1990 Act. 12 In doing so, it necessarily endorsed the conclusion that the O&C lands were withdrawn or reserved from the public domain. Senator Hatfield's remarks quote and adopt a memorandum from the Regional Solicitor of the Interior fm1her underlining that O&C lands are already reserved for timber production: The recognition which Congress gave to the fact that upon revestment the O&C lands could be disposed of as any other public domain lands unless certain reservations were enacted has already been described with reference to the Forgiveness Act of 1912 and the Revestment Act of June 9, 1916. This taken together with the above description of the terms contained in the FP ASA, makes it clear that the O&C lands are reacquired public domain lands which have been reserved for those special purposes described in such statutes as the 1916 Revestment Act and the August 28, 1937 O&C Act (43 U.S.C. § 1181a et seq.) Because of their special reserved status they can only be disposed of in accordance with the mandate of Congress. 13 The context of the 1990 Act makes clear that the only reason to pass the legislation was to lift the reservation , for timber purposes, of the 40 acres at issue. In sum, in 1990 Congress reaffirmed the preeminence of the timber mandate of the O&C lands. Such lands may not be repurposed without express Congressional direction. The 1990 legislation was enacted 14 years after FLPMA and decades after other land management statutes which some claim undercut the reserved status of the O&C lands. 8 Federal Property and Admini strative Service Act (FPASA) of 1949, as amended, 40 U.S.C. §§ 401 et. seq. (formerly 40 U.S.C. §§ 471 et seq.). 9 See 40 U.S.C. § 550(c). 10 40 U.S.C. § 102(9)(A)( iv) (formerly 40 U.S.C. § 472(d))(emphasis added). 11 135 Cong. Rec. S129 12-03, at S12914 (Oct. 6, 1989) (statement of Sen. Hatfield); accord 135 Cong. Rec. E339002, at E3390 (Oct. 11, 1989) (statement of Rep. Robert (Bob) F. Smith of Oregon). Rep. Smith represented the Second Congressional District, currently represented by Rep. Walden. l2Jd 13 135 Cong. Rec. at S12916 (Oct. 6, 1989). Hon. Ryan Zinke August 18, 2017 Page 3 Congress expressed its view, and its intent, that the timber mandate continues without change, from 1937 to today. That is the essence of permanent forest production. We hope this information is useful to you as you undertake your review of the Cascade-Siskiyou National Monwnent and determine whether the expansion is consistent with the clear congressional mandate of the O&C Act. If you or your staff have any questions, please feel free to contact us. Very truly yours, President 1JNIIJ.1ED STATES DE?A'RTMEUT OF TH.E I11'TERIOR Offiee of the Solicitor Washington Mnrch ~:. 30506. 9, 19'-"J.) T"ne Honorable The Secretary the Interior. of M;,r dear Mr. Secretary: My opinion ~uthorized hn..s been to set Cn.ves National apnrt The lands act in that 25, :vere included mation of ,mauthorized revested in road lands lands. timber (14 Stat. the the United is Oregon Company, (1) directs porrer-site T'ne Secretary on the class indemnity us amended. case of United Accordingl:}', by the act, after lands erantecl the SecJ.·etary lands, upon 2 lands (2) certain limits title St.ates title they by procla- v. this Oregon action grant lands n:1s 9, 1916 (39 Stat. in the United to the Oregon and California of the Interior timberlands conditions and such lands or na.s by the to these of June revesting of the to tl:le reserves to 1)e covered the act ::i.llthority. Subsequently, forest were held such Company pursuant of national lands States This within Comp::m;z,8 F. (2d) 645, 660, company. to the trnsold 239), limits and the as amended. as to the does not have Ra.ilroo.d 1:m.t in the Railr.oad railroad States 1866 the President, to the 218), the President as an addition were located and California within and California held lands the President question to the Oregon of ,July certain as to Whether Monument. It is my opinion grant requested to clnssify (3) the a,:;ricultural is directed upon removal Rail- to selJ. of the the timber 11. 30506. shall fall into additional per acre. and timber moneys are per acre, among them being Oregon to be used o.nd for specified and ccmntics By the act in which of August and pov,er-si II.for permanent forest and removed The Secretary of tion the te lands production and the in conformity of the with land.s which may be so used of timber or other into_ tho special tributing fund.. tho moneys in in which the. lands While the lands arc purposes The act the or hereafter for timber special fund, and shall be sold, of sustained :>"ield, for grazing any to be covered a now method principally of dis- to tho· counties situated. proposed to be added Monument havo not yL,t boon classified to the formally, 2 11 the produc- with tho proceeds for directed be managed thereon interfering prov-idcd fund classified timber) to lease of tho act, also of $2.50 the lands Congress the principle without These situated. 874), is authorized Interior 11 fund, Company for arc valuable .of said the reclamation lands ( thos.e heretofore as timberlands- cut, the 28 1 1937 (50 Stat. of the lands certain into payments cntryman on the basis computed Rn.ilroad by the in a special land-grant to pa,_y tho balance, to be certain account 0;1 in the Treasury due tho Oregon and California to it, the payi;ient Md California 3 are laws with the homestead to be deposited 11The to the States· that under .All moneys recei vod from or are fund. designated land.s of class The nonmineral re.quirements, of $2.50 granted 3. of by the Secretart disposed lands class Oregon Caves National I a.in advised by tho 1h. 30506. O. and C. Administration, Chie:f .Fo:reste;;.·, that the;'/ are in fact tim- berlands. It is clear from the foregoing a plan of utilization provided Company revested disposal lands, of lands 11as set aside Pursuant has directed Park conserve the wild life manner Service There the the in his means 11 the can be no doubt monumei;i,t purposes \'There Con.;ress has the leave aside Secretary tlie by Congress. lands 3 with is rri th the fo:;,• a specific enjoy.:. regard to required * * "'. u of the It such or otherwise objects ndmi11istratio:;:; be inconsistent the restricted o:r- diseases or historic same in for such timber of to 11 and the of the mom.l111ents is natural as directed set of the of insects would Congress of the objects enjoyment the cutting that 535), them unimpaired The power att..tcks or the of the 0. a11d C~ lands for in national judgment Congress that in such a manner as and historic natural as will ti;:iber scenery of the moneys re~ under the ju:risdiction be administered and the the purposes. specified monuments shall Railroad involves of August 25, 1916 (39 Stat. generations. to co;itx-ol . conserve for and to provide of specifically thincs It must be concluded national and by such where national_ the act therein to the disposal in order to scenery ment of future !teases lands has the distribution a....,d timber_and that National that plan amon6 other This the Congress of the Oregon and California from such disposition. ceived that is well lands fox utilization settled purpose the M. 30506. Presi(klnt pose is without inconsistent the Attorney authority v.ith General that to reserve specified to tho Secretary the lunds by Concr,resn. of the Interior for another pu!l- Sec opinion datod of Juno 12t 1935. In my opinion, include tho Oregon in the Oregon Caves thoroforo, tho President and California National is not authorizod Rai~l'oa.d Company rovcstcd tionument, Respectfully, { Sgd) Approved: ( St;d) First 94206 March 9, 1940. E. IC. Burlew, Assistant Sec retar-.1s 4 Nathan R. Margold, Solie itor. to lands