CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 63 



homestead laws. Such entrymeii must -comply with the provisions of the home- 

 stead law and must iii addition pay $2.50 per acre for the lands entered. 



SQTLVTTERS' SPECIAL PRIVILEGES. 



Squatters who settled upon unsurveyed land before its withdrawal for a 

 National Forest and who have complied with the general homestead law have 

 the same right to occupy and use their holdings as homestead entrymeii, and 

 may. at their option, await survey or apply for the examination of their lands 

 under the act of June 11, 1906. Squatters who settled on unsurveyed National 

 Forest land after its withdrawal but prior to January 1, 1906, may apply for 

 the examination of their lapds under this act ; but application for listing must 

 be made within 30 days after notification by the Forest Service. Upon the ac- 

 ceptance of their applications for listing, squatters who settled on unsurveyed 

 National Forest land prior to January 1, 1906. may occupy their tracts without 

 permit pending the opening of the land to entry under this act. Squatters may, 

 under the general homestead law, include in their claims 160 acres after the 

 land is surveyed. Therefore if the land is occupied for agricultural purposes by 

 squatters who settled upon it prior to its withdrawal, the examination will be 

 made with a view to listing the entire tract settled upon, if not exceeding 160 

 acres, provided the whole tract as a farm unit is chiefly valuable for agriculture. 



NO SETTLEMENT BEFORE OPENING. 



This act does not authorize any settlements within National Forests, except 

 npon lands which have been opened to settlement under its provisions. 



OPENING LANDS TO ENTRY. 



While the Secretary of Agriculture may list agricultural lands of any area 

 within National Forests, such lands will be opened to entry by the Secretary of 

 the Interior in contiguous tracts not exceeding 160 acres in area and not exceed- 

 ing 1 mile in length. Any tract not exceeding 160 acres contained within a 

 square mile, the sides of which extend in cardinal directions, is within the 

 meaning of the phrase " 1 mile in length." A list of the lands opened to entry 

 is posted in the local land office and is published for a period of not less than 

 four weeks in a local newspaper. 



PREFERENCE RIGHTS OF SETTLEMENT AND ENTRY. 



The act provides that the person upon whose application the land is examined 

 and listed, if a qualified entrynian, shall have the preference right of entry, 

 unless there was a bona fide settler on the land prior to January 1. 1906, who 

 has not abandoned the same, in which event the settler, if a qualified entryman, 

 shall have the preference right. To exercise this preference right, application 

 to enter must be filed in the local land office within 60 days after the filing of 

 the list in that office. 



FILING IX LOCAL LAND OFFICE. 



Persons having preference rights under the act of June 11, 1906, may file 

 their entries at the local land office at any time within 60 days after notice is 

 published that the land has been listed in the local land office and before the 

 land is open to entry. If, when the land is open to entry, the applicant having 

 a preference right has failed to file his entry, it will be subject to entry by the 

 first qualified person to make application at the local land office. Except as 

 expressly provided in the act, title to the laud may then be acquired under the 

 same conditions as are prescribed by the general homestead laws for public land 

 outside the National Forests, (See also " Permits on Forest homesteads," p. 69.) 



THREE-YEAR RESIDENCE SUFFICIENT. 



Final proof of an entry under this act may Ive made in accordance with the 

 provisions of the three-year homestead entry law. 



