38 THE NATIONAL FOBEST MANUAL. 



Where the land has been theretofore Purveyed by legal subdivisions, 

 the exception may be in the following words (as, for example, where 

 the purpose is to maintain a right of way along the line of survey), 

 " except a strip 33 feet wide off the south side thereof" (or on what- 

 ever side or along whatever line it is desired to make exception) . 



The Secretary of the Interior has ruled that the law prohibiting the 

 inclusion in one entry of noncontiguous tracts will not be construed 

 to apply to tracts listed under the act of June 11, 1906, from which 

 a strip has been excluded for a right of way. Recommendations will 

 be made for the exclusion of a strip for all roads, either existing or 

 desired, whether the public has an easement in them or not, where it 

 is believed that failure to do so will be detrimental to the interests of 

 the United States. 



It is not necessary to recommend the exclusion of a strip of land 

 covered by a private ditch, telephone line, etc., or a right of way that 

 is already acquired under an act of Congress and the regulations of 

 the Department of the Interior. The entry man 011 the land does not 

 acquire any interest in that part of the land excluded for the right of 

 way under the procedure outlined above, and the acreage of the right 

 of way should be computed and stated in connection with the recom- 

 mendation for its exclusion, as well as the total area of the lands 

 within the exterior boundary of the tract to be listed. The latter area 

 may therefore embrace a surplus of land to the extent of the area of 

 the right of way excluded, and examiners should bear this in mind, so 

 that where possible the applicant may be given sufficient land to offset 

 the area excluded. When the examiner recommends that a strip of 

 land be excluded from the tract he recommends for listing, a tracing 

 on Form 220 should be prepared showing the courses and distances of 

 the lines bounding such excluded area and the approximate acreage 

 to be excluded. This tracing should be submitted with the report, 

 and the location of the excluded strip should also be shown on the 

 map on Form 878. The report must state in each case whether the 

 excluded strip is for an existing or established public highway or road 

 or for a proposed road, and if the latter the reasons should be fully 

 stated. These instructions apply whether the area listed is described 

 by metes and bounds or is a legally surveyed subdivision. 



In case the examiner finds that an application conflicts with a min- 

 eral location or locations upon which application for 

 Applications in mineral patent has not been made that fact should be 

 mineral 1 Vo Ta- ful1 ^ covered in tlle report. The examiner will not 

 ti( Jns. endeavor to pass upon the mineral character of the 



land, but a statement will be made showing the work 

 done and improvements constructed by the mineral claimant. If any 

 of the land is found to be more valuable for agriculture than for forest 

 purposes, such land will be recommended for listing, and the district 

 forester will take the matter up with the applicant upon receipt of the 

 report. 



When an irrigation ditch constructed or maintained under special- 

 Applications in use permit exists upon a tract which will be rec- 

 conflict with ir- ommended for listing, the permittee should be advised 

 rigation ditches o f his right to obtain an easement prior to the listing 

 under permit. of the tract imder the ftct of March 3; 1891 (26 Stat., 



1095). 



