FOREST SERVICE. 137 



proceeds of all the national forests within said State as the area of 

 lands hereby granted to said State for school purposes which are sit- 

 uated within said forest reserves, whether surveyed or unsurveyed, 

 and for which no indemnity has been selected, may bear to the total 

 area of said sections when unsurveyed to be determined by the Sec- 

 retary of the Interior, by protraction or otherwise, the arnount nec- 

 essary for such payments being appropriated and made available 

 annually from any money in the Treasury not otherwise appropri- 

 ated. 



Act June 20, 1910. c. 310, s. 24, 36 Stat. 573. 



Tliese are provisions of "An act to enable the people of New Mexico 

 to form a constitution and State government and be admitted into the 

 Union on an equal footing with the original States; and to enable the 

 people of Arizona to form a constitution and State government and be 

 admitted into the Union on an equal footing with the original States." 



ACT JUNE 11, 1906, c. 3074. An act to p^or^'ide for the entry of agricultural 

 lands within forest reserves. (34 Stat. 233.) 



Agricultural lands within forest reserves to be opened to homestead entry; 

 preference rights of former settlers and of applicants; plat and field notes 

 to he filed and posted; surveys; credit to settlers for actual residence. 



That the Secretary of Agriculture may, in his discretion, and he is 

 hereby authorized, upon application or otherwise, to examine and as- 

 certain as to the location and extent of lands within joermanent or 

 temporary forest reserves, except the following counties in the State 

 of California, Inyo, Tulare, Kern, San Luis Obispo, Santa Barbara, 

 Ventura. Los Angeles, San Bernardino, Orange, Riverside, and San 

 Diego; which are chiefly valuable for agriculture, and which, in his 

 opinion, may be occupied for agricultural purposes without injury 

 to the forest reserves, and which are not needed for public purposes, 

 and may list and describe the same by metes and bounds, or other- 

 wise, and file the lists and descriptions with the Secretary of the 

 Interior, with the request that the said lands be opened to entry in 

 accordance with the provisions of the homestead laws and this Act. 



Upon the filing of any such list or description the Secretary of the 

 Interior shall declare the said lands open to homestead settlement and 

 entry in tracts not exceeding one hundred and sixty acres in area and 

 not exceeding one mile in length, at the expiration of sixty days from 

 the filing of the list in the land office of the district within which the 

 lands are located, during which period the said list or description 

 shall be prominently posted in the land office and advertised for a 

 period of not less than four weeks in one newspaper of general cir- 

 culation published in the county in which the lands are situated: 

 Provided^ That any settler actually occupying and in good faith 

 claiming such lands for agricultural purposes prior to January first, 

 nineteen hundred and six, and who shall not have abandoned the 

 same, and the person, if qualified to make a homestead entry, upon 

 whose application the land proposed to be entered was examined 

 and listed, shall, each in the order named, have a preference right 

 of settlement and entry: Provided further, That any entryman de- 

 siring to obtain patent to any lands described by metes and bounds 

 entered bv him under the provisions of this Act shall, within five 

 years of the date of making settlement, file, with the required proof 



