; 



NATIONAL FOREST MANUAL LAWS. 41 



160 acres by eight persons embracing the 20-acre location and 140 acres 

 of entirely new ground. (Charles H. Head et al. ? 40 L. D., 135). 



In determining whether the requisite expenditure of $500 in labor 

 or improvements has been made upon a mining claim for which patent 

 is asked, the proper test is whether the reasonable value of the work 

 performed or improvements relied upon amounts to that sum. Proof of 

 the actual amount paid or of the actual number of days spent in prose- 

 cution of such work is not conclusive. (Samuel B. Beatty et al., 40 

 L. D., 486). 



Improvements made prior to the location of the mining claim or 

 claims to which their value is sought to be accredited are not available 

 toward meeting the requirements of the statute relative to expendi- 

 tures. (Tough Nut No. 2 and Other Lode Claims, 36 L. D., 9.) 



No part of a wagon road lying partly within and partly without the 

 limits of a group of mining claims constructed and used for the purpose 

 of transporting machinery and supplies to and ore from the group is 

 available toward meeting the requirement of the statute respecting 

 expenditures prerequisite to patent. (Fargo Group No. 2 Lode Claims, 

 37 L. D., 404). 



Mill site. The continued use or occupancy for mining or milling 

 purposes is necessary to maintain a valid mill-site location. Weber v. 

 Carroll, unreported; decided by the Secretary of the Interior, January 

 16,1905. 



A mill-site location may be contiguous with the side of a lode claim. 

 Yankee Mill Site, 37 L. I)., 674.) 



A mill site is required to be used or occupied distinctly and explicitly 

 for mining or milling purposes in connection with the lode claim with 

 which it is associated * * *. Some step in or directly connected 

 with the process of mining or some feature of milling must be performed 

 upon or some recognized agency of operative mining or milling must 

 occupy the mill site at the time patent thereto is applied for to come 

 within the purview of the statute. (Alaska Copper Co., 32 L. D., 128.) 



MINERAL SPRINGS AND LANDS ADJACENT. 



Act of February 28, 1899 (30 Stat., 908), to authorize the Secretary of the Interior to rent 

 or lease certain portions of forest reserves. 



The Secretary of the Interior ' * * hereby is authorized, under Leasing of lands 

 such rules and regulations as he from time to time may make, to rent erafsprings " 

 or lease to responsible persons or corporations applying therefor suitable 

 spaces and portions of ground near, or adjacent to, mineral, medicinal, 

 or other springs, within any forest reserves established within the 

 United States, or hereafter to be established, and where the public is 

 accustomed or desires to frequent, for health or pleasure, for the purpose 

 of erecting upon such leased ground sanitariums or hotels, to be opened 

 for the reception of the public. And he is further authorized to make 

 such regulations, for the convenience of people visiting such springs, 

 with reference to spaces and locations, for the erection of tents or tem- 

 porary dwelling houses to be erected or constructed for the use of those 

 visiting such springs for health or pleasure. And the Secretary of the 

 Interior is authorized to prescribe the terms and duration and the 

 compensation to be paid for the privileges granted under the provisions 

 of this act. 



DECISIONS RELATING TO MINERAL SPRINGS. 



The waters of mineral, medicinal, and saline springs on the public 

 domain are under the sole control of the United States, as a land owner, 

 and are not subject to appropriation under State laws or to the riparian 

 right to continued flow. (2 Sol. Op., 951.) 



Authority to administer the act of 1899 as to springs and lands in the 

 national forests passed to the Secretary of Agriculture under the forest 

 transfer act of February 1, 1905. (Same.) 



The act of 1899 is exclusive, and no permits can be granted under 

 the forest administrative act of June 4, 1897. (Same.) 



The said act does not authorize a lease of the springs themselves or 

 the granting of special privileges therein. Nor does it contemplate a 

 lease of all the available notel or sanitarium sites to one party. (Same.) 



