SETTLEMENT. 31 



Agricultural lands within abandoned military reservations included 

 within a National Forest will be listed upon applica- 

 Application for tion; but the Secretary of the Interior has ruled that 

 listing land with- suc h l anc l s must be appraised in accordance with the 

 in an abandoned .. ,. .-, . -.. -, , , 



military reserva- provisions of the acts governing disposal of lands m 

 tion. abandoned military reservations, and the entrymen 



must pay therefor the appraised price. (Acts of July 5, 1884, 23 

 Stat., 103; Aug. 23, 1894, 28 Stat., 491.) 



Squatters who settled upon unsurveyed land before its withdrawal 

 for a National Forest, and who have complied with 

 riJrttoV 1 ? r for ^ ie S enera l homestead law, have the same right to 

 land. occupy and use their holdings as homestead entry- 



men, and may, at their option, await survey or apply 

 for the examination of their lands under the act of June 11, 1906. 

 Squatters who settled on unsurveyed National Forest land after its 

 withdrawal, but prior to January 1, 1906, may apply for the exami- 

 nation of their lands under this act; but if such squatters fail after 

 30 days' notice to make application for listing trespass proceedings 

 against them will be initiated. Upon the acceptance of their appli- 

 cations for listing squatters who settled on unsurveyed National Forest 

 land prior to January 1, 1906, may occupy their tracts without per- 

 mit pending the opening of the land to entry under this act. Squat- 

 ters may, under the general homestead law, include in their claims 

 160 acres after the land is surveyed. Therefore if the land is occupied 

 for agricultural purposes by squatters who settled upon it prior to its 

 withdrawal, the examination will be made with a view of listing the 

 entire tract settled upon, if not exceeding 160 acres, provided the 

 whole tract as a farm unit is chiefly valuable for agriculture. 



Land within a National Forest covered by a subsisting claim under 

 any of the public land laws, except as to mineral loca- 

 li tin^land^ov 1 ^ ons for which no application for patent has been 

 eredby a^laimT" made, will not be listed. Applications for land covered 

 by such claims will be accepted, but action upon 

 them will be suspended until a final decision upon the claim is ren- 

 dered by the Department of the Interior. Applications for land 

 covered by mineral locations will be accepted and the land may be 

 listed if chiefly valuable for agriculture. 



In determining whether land applied for under the act of June 11, 

 . 1906, is chiefly valuable for agriculture, it is entirely 



examination^ a question of fact and raises no question of law which 

 can be made the basis for an appeal. When, an appli- 

 cant believes that a rejection of his application by the district forester 

 is not justified by the facts, he may file with the district forester within 

 30 days after notice to him of the decision and the grounds therefor, 

 a petition for a review of the facts, and, if necessary, for a reexamina- 

 tion of the land applied for. If the district forester adheres to his 

 decision, the applicant may file with the district forester, within 30 

 days after notice of the second rejection of the application, a petition 

 to the Forester for a review of the decision, and, if necessar}^, for a 

 reex animation of the land applied for. If the Forester affirms the 

 decision of the district forester the applicant may, within 60 days 

 after notice of the decision of the Forester, and the reasons therefor, 

 file with the Forester a petition to the Secretary of Agriculture for 

 a review of the case. Ail applications for review should be accom- 

 panied by affidavit of the applicant, or of other competent witnesses, 



