Meanwhile back in Washington D.C., the Congress had been fussing about abusive forest practices since 1876, but never was able to do anything about it, until 1891. It was the closing days of the Congressional session, members were in a hurry to pass the necessary bills so they could get out of town for a break. Conference committees between the House and Senate were hastily bridging their differences on necessary bills to get them back on the floor for a vote. In those hurried meetings and votes, someone, historians don’t seem to know who, inserted “Section 24” in the middle of a large bill. Section 24 is one sentence (although lengthly with several phrases) allowing the President to set aside land from the Public Domain as Forest Reserves.
Here’s what it said, “Section 24, That the President of the United States may, from time to time set apart and reserve, in any State or Territory having public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations and the President shall, by public proclamation, declare the establishment of such reserves and the limits thereof.” (Dana and Fairfax, Forest and range Policy, pg 56-57).
Nobody noticed, or they didn’t read it. The bill was voted on and passed, President Harrison signed it. The Congressmen likely had a very good break, they felt they’d earned it - and they had, they just didn’t know the correct reason why. They had created an avenue for establishing Forest Reserves that became the basis for America’s National Forests and many National Parks and Monuments. And they saved the American West from desertification which is how it was headed while being managed as Public Domain lands.
Some of the Public Domain lands that nobody wanted for private development were just right for Forest Reserves that could provide healthy watersheds with continuous flowing streams and a reserve of wood. It was one of those times when opportunity and the need come together to make a good thing.
Less than a month after signing the act that included the sentence that allowed the President to set aside Forest Reserves, President Harrison established the Yellowstone Park Timberland Reserve in Wyoming (not Yellowstone National Park, that was established in 1872). Before leaving office in 1893, President Harrison created fifteen forest reserves containing more than thirteen million acres. President Cleveland, following Harrison’s lead, created thirteen reserves including twenty-one million acres in one fell swoop, he hadn’t bothered consulting representatives of the states affected. Westerners exploded in protest, some because the reserves had been created, some because there was no protection or management direction for the reserves, some because of the President’s tactic and some just didn’t want the feds in the neighborhood. Local people and businesses had been grazing sheep and cattle, cutting timber, homesteading and mining the Public Domain without government interference, suddenly there were these Forest Reserves and, worse yet, forest guards to look after them. Early on it had not been decided what the Reserves would be managed to do, but most Westerners didn’t like the whole idea. It was often viewed as government taking individuals’ rights. But the Forest Reserves became established, the direction for their management could come later, and it did.
The Organic Act of 1897
The Forest Management Act, or Organic Act, passed in June 1897, laid out the purpose for the Forest Reserves and how they would be managed. They would be managed to protect watersheds and provide the basis for sustained-yield management of forest products and services. Land suitable for agricultural was excluded from the Reserves, mining was allowed within their boundaries. The law required the Secretary of Interior to make rules and regulations to protect the Reserves “against destruction by fire and depredations.” The law directed that timber could be marked and designated for sale to promote growing new crops of trees. Timber was viewed as a crop. That was a new and different thing to have in a law. (James G. Lewis, The Forest Service and the Greatest Good, 2005, Forest History Society)
After President Cleveland, President McKinley continued establishing Forest Reserves. When he was assassinated, September 1901 there were 41 reserves containing 47 million acres and the Organic Act gave purpose and direction for managing the Reserves. Good things.