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in good faith and is in all respects complying with the homestead law, has the right 

 to include within the lines of his homestead 160 acres after the land is surveyed. 

 Therefore, if the land is occupied for agricultural purposes and is not more valuable 

 for its timber than for such purposes, and there are no circumstances which would in 

 the opinion of the District Forester tend to discredit the bona fides of the claimant, he 

 should be allowed to make application for the patenting of such lands under the act 

 of June 11, 1906, and the examination for listing should be made with the view of 

 listing 160 acres of land where possible. The tracts so listed should conform so far as 

 practicable to the form of the public land surveys. The listing of lands as above 

 should not in any way govern the determination of the total area or amount of non- 

 cultivable land listed for applicants under the act of June 11, 1906, who were not 

 residing upon the lands before the creation of the Forest. 



In cases where less than 160 acres of land has been listed to a person who settled upon 

 the land prior to the creation of the Forest, an additional area sufficient to complete 

 the homestead entry may be allowed upon proper application. 



The foregoing instruction has been approved by the Secretary of Agriculture and 

 will govern future action of all Forest officers. 



Act of June 11, 1906: Grazing Land- 

 Lands within National Forests valuable for the purpose of grazing only shall not be 

 listed under the act of June 11, 1906. If, however, a tract is found to be valuable for 

 agricultural purposes and will produce crops and adjacent land is valuable for grazing 

 purposes, an added area of the grazing land may be listed with the agricultural land , 

 provided, that in no case the area of the grazing land exceeds the area of the agricul- 

 tural land. This does not authorize the listing of timber land but only grazing land . 



