If the regulations of the commissions had been observed to their full extent, all would have been well in time, but it is evident from subsequent legislative efforts that the execution of the laws was not what could be desired. Political exigencies required leniency in the application of the law. An interesting report on the results of the first quinquennium shows that during that time 170,000 acres were cleared, over 40,000 without permission, and by 1900, it was estimated, deforestation had taken place on about 5 million acres.
Wrangling over the classification of the lands under ban has continued until the present, and local authorities have continued to favor private as against public interest, to withdraw lands from the operation, and to wink at disregard of the law. Moreover, rights of user to dead wood, pasturage (goats are by law excluded) and other privileges continued to prevent improvement, although several laws to effect their extinction had been passed.
The devastating floods of 1882 led to much agitation, and, upon a report of a special commission in 1886, the law of 1874, which had obligated the communities to reforest their waste lands within five years or else to sell, was revived, extending the term of obligatory reforestation in the endangered sections to ten years. By that time, out of 800,000 acres originally declared as requiring reforestation, not more than 40,000 acres had been planted, but the acreage involved had also been gradually scaled down by the forest committees to 240,000 acres. The report, on the other hand, found that the area needing reboisement was at least 500,000 acres, requiring an expenditure of 12 million dollars. The law of 1877 did not contemplate enforced reforestation of banforests; it sought to accomplish this by empowering either the Department of Agriculture or the provinces or the communities or special associations to expropriate for the purpose of reforestation. Results were nil.
A revision and broadening of the law led to the general reboisement act of 1888,[15] which has in view the correction of torrents, fixing of mountain slopes and sand dunes—one of the best laws of its kind in existence anywhere.
[15] For details see Fernow, in Garden and Forest, 1888, page 417.
The principal features of the law are: obligatory reboisement of mountains and sand dunes according to plans, and under direction of the Department of Agriculture, the areas to be designated by the department, with approval or disapproval of the forest committees; contribution to the extent of two-fifths (finally raised to two-thirds) of the expense by the government; expropriation where owners do not consent, or fail to carry out the work as planned; right to reclaim property by payment of costs and interest, or else sale by government; right of the department to regulate and restrict pasture, but compensation to be paid to restricted owners; encouragement of co-operative planters’ associations. The area to be reforested was estimated at somewhat over 500,000 acres and the expense at over 7 million dollars.
The execution of the law was not any stricter than before. In 1900, the Secretary of Agriculture reports that “the laws do not yet receive effective application.” The difficulty of determining what is and what is not necessary to reforest, what is and what is not absolute forest soil made ostensibly the greatest trouble and occasioned delay, but financial incapacity and political influences bidding for popularity are probably the main cause of the inefficiency.
Meanwhile the forest department tried to promote reforestation by giving premiums from its scanty appropriation and distributing from its 130 acres of nurseries, during the years from 1867 to 1899, some 46 million plants and over 500 pounds of seed, and furnishing advice free of charge.
In 1897, again a commission was instituted to formulate new legislation. This commission reported in 1902, declaring that all accessible forests were more or less devastated, accentuating the needs of water management, and proposing a more rigorous definition of ban forests, a strict supervision of communal forests, and the management of private properties under working plans by accredited foresters or else under direct control of the forest department, the foresters to be paid by the State, which is to recover from the owners. It was found that in the past 35 years of the 125,000 acres needing reforestation urgently only 58,300 acres had been planted at an expense of $1,340,000.
In 1910, conditions seem not to have much improved, for again a vigorous attempt at re-organization and improvement on the law of 1877 was made by the Minister of Agriculture; so far without result.