38 LAWS APPLICABLE TO THE NATIONAL EOEESTS. 



settlement and entry under the homestead laws applicable to the 

 National Forests. $100,000; 



For the survey and platting of certain lands, chiefly valuable for 

 agriculture. now listed or to be listed within the National Forests. 

 under the act of June eleventh, nineteen hundred and six (Thirty- 

 fourth Statutes, page two hundred and thirty-three ) . and the Act of 

 March third, eighteen hundred and ninety-nine (Thirtieth Statutes. 

 page ten hundred and ninety-five }, as provided by the Act of March 

 fourth, nineteen hundred and thirteen. $85,000: Provided^ That any 

 unexpended balance of an appropriation of $85,000 to be expended 

 " for the survey and platting of certain lands, chiefly valuable for 

 agriculture." and so forth, provided by the Act of June thirtieth, 

 nineteen hundred and fourteen, entitled "An Act making appropri- 

 ns for the Department of Agriculture for the fiscal year ending 

 June thirtieth, nineteen hundred and fifteen." be. and the same is 

 hereby, continued and made available for and during the fiscal year 

 ending June thirtieth, nineteen hundred and sixteen, for the purpose 

 of this appropriation : 



DECISIONS. 



Authority of Secretary to list lands. 



Authority conferred by act of June 11. 1906 (34 Stat.. 233), to 

 st agricultural lands "not needed for public purposes." authorizes 

 the Secretary of Agriculture to refuse to list lands within National 

 Forests when needed for public recreation purposes, although such 

 lands are of an agricultural character. | Opinion of the Solicitor in 

 connection with City of Los Angeles case, dated Mar. 27. 1914. | 



Lands within an abandoned military reservation included within 

 a National Forest are subject to listing and entry under the act of 

 June 11, 1906 (34 Stat., 233), without^ regard to' the act of July 5. 

 1884 I 23 Sti . 1 . providing for the appraisal and sale of land in 

 abandoned military reservations. (43 L. D.. 33. | 



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. 

 Op. Atty. Gen.. 424. 522. I 



The Secretary of Agriculture has authority, on his own motion, to 



lands for entry under the act of June 11. 1906 : and where lands 



are so listed by him. no preference right is awarded by the statute 



nor can be claimed except by settlers who were actually occupying 



the lands prior to January 1. Benton \\ Lynes. 42 L. D., 175. | 



The act of June 11. 19( I mplates that the lands which the 



Secretary of Agriculture may. hi his discretion, list with the Secre- 

 tary of the Interior with request that they be opened to entry under 

 the homestead laws, shall be lands which are subject to homestead 

 entry. | Benton v. Lyne-s. 42 L. P.. 175. | 



The act of June 11, 1906, specifically declares that upon the listing 

 of lands thereunder, "by the Secretary of Agriculture." the Secretary 

 of the Interior shall declare such lands open to settlement and 

 entry, but that they shall not be subject to settlement and entry until 

 the expiration of 60 days from the filing of the list in the local office : 

 and these requirements are mandatory and jurisdictional and can not 



