CLAIMS, SETTLEMENT, SPECIAL USES, WATER POWER. 65 



FREE USE OF LANDS RECOMMENDED FOR LISTING. 



Applicants who appear to have the preference right of entry under the act 

 may secure without charge a permit for the agricultural use of that portion of 

 the land which has been examined and which, in the opinion of the supervisor, 

 is chiefly valuable for agriculture and not needed for public use, provided that 

 the land is not adversely claimed under settlement made before its withdrawal, 

 or after its withdrawal and before January 1. 1900. 



Free permits for the occupancy and use of agricultural land which is recom- 

 mended for listing will be issued only under the following conditions: 



(1) When the applicant wishes to occupy the land which has been examined 

 and favorably reported upon, pending its listing and opening to entry under the 

 act of June 11. 1906. 



(2) When the applicant is doubtful of the agricultural possibilities of the 

 land and desires an opportunity to ascertain whether crops can be raised on it 

 before using his homestead right. 



When a strip of land for a road right of way has been excluded from an 

 area recommended for listing, the applicant upon whose application land has 

 been examined, or the eutryman on the area listed, may be issued a free agri- 

 cultural permit for the use of the excluded strip, so long as it is not needed for 

 road purposes. 



Free special use permits for the occupation of agricultural land are termi- 

 nated when the land is listed. 



REVIEW OR REEXAMINATION. 



The determination of whether land applied for under the act of June 11, 

 1906, is chiefly valuable for agriculture is entirely a question of fact and raises 

 no question of law which can be made the basis for an appeal. When an appli- 

 cant believes that a rejection of his application by the district forester is not 

 justified by the facts he may file with the district forester within 30 days after 

 notice to him of the decision and the grounds therefor a petition for a review 

 of the facts and, if necessary, for a reexainination of the land applied for. 

 If the district forester adheres to his decision the applicant may file with the 

 district forester within 30 days after notice of the second rejection of the 

 application a petition to the Forester for a review of the decision and, if 

 necessary, for a reexamination of the land applied for. If the Forester affirms 

 the decision of the district forester the applicant may within. 60 days after 

 notice of the decision of the Forester and the reasons therefor file with the 

 Forester 'a petition to the Secretary of Agriculture for a review of the case. 

 All applications for review should be accompanied by affidavit of the applicant 

 or of other competent witnesses fully stating the facts on which the applicant 

 bases his contention that the land applied for is chiefly valuable for agricul- 

 ture. The decision of the Secretary of Agriculture will be final. 



INDIAN ALLOTMENTS. 



REGULATION L-54. All applications by Indians for allotments of lands 

 within the National Forests under section 31 of the act of June 25, 1910 (36 

 Stat., 853), which are submitted to the Secretary of Agriculture in order that 

 he may determine whether the land applied for is more valuable for agriculture 

 or grazing than for the timber found thereon must be made in the form pre- 

 scribed by the regulations of the Secretary of the Interior governing Indian 

 allotments on National Forests. (Issued April 25, 1913, to take effect May 

 1, 1913.) 



TOWN SITES. 



Lands in National Forests embraced in valid settlements, made before the 

 withdrawal of the land from entry and the creation of the Forest, may, unless 

 abandoned, be entered and patented under the town-site laws without regard to 

 the period which has elapsed after their settlement or after the establishment 

 of the Forest and without the necessity of eliminating the town-site area from 

 the National Forest. 



2208 IP, r, 



