50 NATIONAL FOREST MANUAL LAWS. 



The acts of Congress "reserving" sections 16 and 36 for the Territory 

 of Arizona did not vest any title in the Territory, even after survey, but 

 such sections remain subject to the plenary power of disposal by 

 Congress. (2 Sol. Op., 793.) 



The provisions in the enabling act of New Mexico, that the grants of 

 sections 2, 16, 32, and 36 within National Forests shall not vest title 

 in the State while the National Forests continue to exist, and that said 

 sections "shall be administered as a part of said forests," fixes and con- 

 trols the status of all these sections, notwithstanding the previous grant 

 of sections 16 and 36 to the Territory. (2 Sol. Op., 848.) 



School sections in National Forests in New Mexico are subject to 

 administration by the Forest Service, whether surveyed or unsurveyed, 

 and the title remains in the United States so long as the forests exist. 

 (2 Sol. Op., 863.) 



An application by the governor of a State for the survey of public 

 lands for purposes of selection under the provisions of the act of August 

 18, 1894 (28 Stat., 394), and the withdrawal of the lands for that purpose 

 by the Secretary of the Interior, does not prevent the President from 

 including the lands in a National Forest and thereby defeating the 

 State's preference right of selection. (27 Op. Atty. Gen., 605.) 



Such application for survey and the withdrawal thereon do not con- 

 stitute a "legal entry," a " lawful filing," or a "valid settlement " in 

 the meaning of the exceptions contained in a forestry proclamation . 

 (Id., 605.) 



LIEU SELECTIONS. 



The act of June 4, 1897, authorizing selections of land in lieu of those 

 embraced in forest reserves was repealed by the act of March 3, 1905. 

 (33 Stat., 1254.) 



A pending unapproved application to make forest lieu selection will 

 not prevent withdrawal of lands embraced therein for the purpose of 

 reserving the power sites thereon for public uses. (Sherar v. Veazie, 

 40 L. D., 549.) 



An application to make forest lieu selection of unsurveyed lands not 

 identified with reference to natural boundaries or monuments or such 

 markings upon the ground as would- constitute notice to intending 

 settlers is no bar to the attachment of rights under the act of May 14, 

 1880; and while approval of the township plat of survey is an identifi- 

 cation of the lands as of the date of such approval, and, by relation, as 

 against the Government, as of the date of the filing of the application, 

 it does not and can not so attach as to cut out intervening adverse set- 

 tlement claims. (F. A. Hyde et al., 40 L. D., 284.) 



Upon approval of an application to make forest lieu selection the 

 the title of the Government to the lands relinquished as base therefor 

 attaches, under the doctrine of relation, as of the date the selection 

 was perfected and entitled to be approved. (A. G. Strain, 40 L. D., 

 108.) 



RAILROAD GRANT LANDS. 



Unclassified odd sections within the primary limits of the Northern 

 Pacific Railroad grant, even though not surveyed, form no part of the 

 National Forests within which they lie, and the Forest Service has no 

 power of administration over them. (1 Sol. Op., 79; see also, 1 Sol. 

 Op., 294 and 541.) 



Legal title to all odd sections, not mineral, within the 10-mile limit 

 passed to the Central Pacific Railroad Co. , upon definite location of its 

 line, without the issuance of patent. (2 Sol. Op., 897.) 



The exception of lands returned and denominated as mineral must 

 also be held to operate, as of the date of the definite location of the road. 

 A subsequent survey and return as mineral of lands not mineral in fact 

 would not divest the company's title. (Same.) 



The mineral or nonmineral character of lands within the grant limits 

 of the Southern Pacific Railroad Co. can be conclusively determined 

 by the Department of the Interior, either by the issuance of patent 

 upon the Surveyor General's ex parte return as to the character of the 

 lands, or after a hearing properly applied for to test the return of the 

 Surveyor General. (Same.) 



