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of its examination by the District Forester, and if found to be adverse it will then be 

 sent to the proper Chief of Field Division with the request that a protest be filed 

 against the claimant's application to enter the land when the plat of survey is filed. 

 In this way issue will be joined on the question of the applicant's right to make entry 

 of the land involved. A hearing will be ordered if found warranted by the Interior 

 Department, and the respective rights of the claimant and the Government adjudi- 

 cated as in other cases. 



It is believed that this procedure will dispose of this class of cases in a manner more 

 expeditious and economical both to the claimant and the Government. 

 Settlement: Application to List Land Covered by Entry of Record- 

 When an application is presented for the listing of a tract of land, under the act 

 of June 11, 1906, which is covered by a homestead or any other entry, selection, loca- 

 tion, or filing, such application will be rejected and the applicant informed that 

 lands having such status are not subject to listing under that act and that his rejected 

 application will receive no further consideration. The District Forester will also 

 advise him that should the entry, selection, location, or filing be removed and the 

 tract restored to the Forest, its listing thereafter can be obtained only by the filing 

 of new applications, the priority of which will be determined by the order in which 

 they are received, provided that if an application is made by one who has secured 

 the cancellation of the entry, selection, location, or filing covering the tract, the 

 listing of which is sought, that fact will be certified to the Secretary of the Interior, 

 together with the names of other applicants, if any. 



Where land covered by a June 11 application is also covered by a mineral applica- 

 tion, the June 11 application should be suspended until the claim has been examined 

 by a mining expert, a report made, and the validity of the mining claim passed 

 upon by the Department of the Interior. In cases in which a mineral application 

 has not been made, and in which existing mining locations do not appear to have 

 been made in good faith, if the land is of undoubted agricultural value and more 

 valuable for agriculture than for Forest purposes, the applicant should be informed 

 that part of the land is covered by a mineral location, and that the listing of the land 

 as agricultural will have no bearing upon the determination of the questions which 

 may arise in a contest before the Interior Department between mineral and agricul- 

 tural claimants; and the applicant should be asked whether, under these circum- 

 stances, he desires to exercise his homestead right on the land. If the answer is 

 in the affirmative, the land should be recommended for listing. (Circular Letter L 

 Service, Settlement of February 27, 1911.) 



Settlement ; Exceptions for Roads 



In listing land under the Act of June 11, 1906, where it is necessary in the judgment 

 of the District Forester to protect National Forest interests or the interest of the public 

 at large, that a passage on or across said land should be reserved, the reservation 

 will be accomplished by excepting a strip of land of sufficient width for a highway 

 from the restoration. Where such strip of land is excepted from the area listed, two 

 copies of a blueprint showing the courses and distances of lines bounding such 

 excepted area should accompany the listing letter. The location of the excepted 

 strip should also be shown on map, report Form 110. The blueprints and the showing 



