32 NATIONAL FOREST MANUAL LAWS. 



prior to the said date, and all homestead entries under this act in said 

 counties in said reserve shall be described by metes and bounds survey. 



(Section 4 is amended to read as above by the act of February 8, 1907 

 (34Stat.883).) 



Settlement be- SEC. 5. That nothing herein contained shall be held to authorize any 

 frespass >emng 1S ^ uture settlement on any lands within forest reserves until such lands 

 have been opened to settlement as provided in this act, or to in any 

 way impair the legal rights of any bona fide homestead settler who has 

 or shall establish residence upon public lands prior to their inclusion 

 within a forest reserve. 



(The act of May 30, 1908, 35 Stat., 554, provides that the above act 

 "be amended by striking out of section 1 the following words: ' Except 

 the following counties in the State of California: Inyo, Tulare, Kern, 

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

 Diego.' ' It will be noted that while the excepting words are stricken 

 out the names of San Luis Obispo and Santa Barbara Counties are not 

 stricken out). 



Certain lands in Lawrence and Pennington Counties, S. Dak., ex- 

 cepted from the operation of section 4 of the act of June 11, 1906, 

 but continued subject to all other provisions of said act. (Act July 3, 

 1912, 37 Stat., 188.) 



Agricultural appropriation act of August 10, 1912 (37 Stat. 269). 



Surveys by For the expenditure under the direction of the Secretary of Agri- 

 Forest Service. cu iture for survey and listing of lands within forest reserves chiefly 

 valuable for agriculture and describing the same by metes and bounds, 

 or otherwise, as required by the act of June eleventh, nineteen hundred 

 and six, and the act of March third, eighteen hundred and ninety-nine, 

 thirty-five thousand dollars: Provided, however, That any such survey 

 and the plat and field notes thereof paid for out of this appropriation 

 shall be made by an employee of the Forest Service under the direction 



Listed lands re- of the United States Surveyor General, but no land listed under the 

 n " act of June eleventh, nineteen hundred and six, shall pass from the 

 forest until patent issues. 



Agricultural appropriation act of August 10, 1912 (37 Stat. 269). 



Segregation of That the Secretary of Agriculture is hereby directed and required 

 nds 1 C ' to select, classify, and segregate, as soon as practicable, all lands within 



the boundaries of National Forests that may be opened to settlement 

 and entry under the homestead laws applicable to the National Forests, 

 and the sum of twenty-five thousand dollars is hereby appropriated 

 for the purposes aforesaid. 



DECISIONS RELATING TO THE LISTING OF AGRICULTURAL LANDS FOR 

 ENTRY ACT JUNE 11, 1906 (34 STAT., 233). 



The words "chiefly valuable for agriculture," as used in this statute 

 mean merely more valuable for agriculture than for forestry purposes 

 and a listing of the lands involves no determination as to their mineral 

 or n on mineral character. (1 Sol. Op., 188.) 



In the act of June 11, 1906, authority to list agricultural lands ''not 

 needed for public purposes" means lands not needed for the govern- 

 mental uses and purposes of the United States and does not extend to 

 a need of the land for summer homes, camping and other methods of 

 recreation. (Memorandum of Solicitor to Secretary of Agriculture, 

 Nov. 8, 1911.) 



Lands included in a temporary withdrawal with a view to the creation 

 or enlargement of a National Forest and which are chiefly valuable for 

 agriculture may be listed for entry under this act. (28 Op. Atty. Gen., 

 424, 522.) 



The preference right of settlement and entry given by the act of June 

 11, 1906, to the person on whose application agricultural lands have been 

 listed for entry with the Secretary of the Interior, ceases upon the elimi- 

 nation of the lands from the National Forest by presidential proclama- 

 tion or Executive order. ' 'As soon as such lands are restored to the 

 public domain they lose entirely the National Forest status and the act 



