LANDS FOREST HOMESTEADS. 39 



be dispensed with by the Land Department. (Elizabeth Davis, 43 

 L. D., 522.) 



The act of June 11, 1906, authorizing the opening of agricultural 

 lands within National Forests to homestead entry, does not authorize 

 either the Secretary of the Interior or the Secretary of Agriculture 

 to impose upon entry men thereunder, or insert in patents issued upon 

 the lands, any conditions, limitations, restrictions, or reservations 

 not specifically authorized by existing laws. (M. E. Hibbs, 42 L. D., 

 408.) 



Effect of application for listing. 



No rights are acquired by the filing of an application for the list- 

 ing of lands under the act of June 11, 1906, while such lands are em- 

 braced in a prior uncanceled homestead entry. (Benton v. Lynes, 

 42 L. D., 175.) 



Effect of listing and entry. 



The provision in the Agricultural appropriation act of August 10, 

 1912 (37 Stat., 269) , that " no lands listed * * * shall pass from 

 the forest until patent issues," taken in connection with the words 

 preceding them, mean only that the lands shall not pass by virtue of 

 the listing, and they do not limit the power of the President to elimi- 

 nate lands by proclamation or Executive order. (Solicitor to the 

 Forester, Aug. 31, 1912.) 



Prior to the enactment of the provision quoted in the preceding 

 paragraph, the Comptroller of the Treasury and the Solicitor had 

 both made the following ruling: 



Lands once listed under the act of June 11 are segregated from the 

 National Forest, and the Forest Service is not authorized to expend 

 its appropriations for surveying the same. (Op. Comp. Treas., Oct. 

 21, 1910 (unpublished) ; 1 Sol. Op., 363.) 



Lands within a National Forest listed under the act of June 11, 

 1906, are not subject to disposition under the enlarged homestead act 

 of February 19, 1909 (35 Stat., 639). (Burtis F. Oatman, 39 L. D., 

 604.) 



A settler upon unsurveyed lands subsequently included in a Na- 

 tional Forest may elect to stand upon his rights as a settler and 

 await survey of the township, when he may make entry of 160 acres 

 or less under the general homestead laws, or he may, without waiting 

 for the regular survey, apply for listing of the lands under the act 

 of June 11, 1906 ; and where he applies for listing under that act and 

 makes entry of such part of the land embraced in his settlement as 

 is found to be of the character subject to listing and opened to entry 

 under the act he thereby waives all claim to the remainder and can 

 not* after survey of the township, make entry under the general 

 homestead law for the entire area covered by his settlement claim. 

 (Hans Hansen Hedemark, 43 L. D., 237.) 



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 nonmineral character. (1 Sol. Op., 188.) 



One who in good faith settled upon lands prior to their withdrawal 

 for forestry purposes and who makes entry thereof under the act of 



