40 LAWS APPLICABLE TO THE NATIONAL FOEESTS. 



June 11, 1906, is entitled to claim credit for residence from the date 

 of such settlement. (John T. Brunskill, 42 L. D., 475.) 



A survey and entry of lands in a National Forest under the act of 

 June 11, 1906, need not include the entire body of land applied for, 

 listed, and opened to entry under that act, but the entryman may 

 take anv portion thereof in compact form. (John W. Hickoox, 

 42 L. D., 5T3.) 



Form of area listed. 



Any forest reserve homestead listed under the act of June 11, 

 1906, which does not exceed 160 acres in area and which may be con- 

 tained in a square mile the sides of which extend in cardinal direc- 

 tions will be regarded as within the provisions of said act limiting 

 such homestead entries to " not exceeding 160 acres in area and not 

 exceeding one mile in length." (Instructions, 42 L. D., 20.) 



The form of agricultural tracts within forest reserves listed for 

 entry under the act of June 11, 1906, is wholly within the discretion 

 of the Secretary of Agriculture, so long as the inhibitions contained 

 in the act are not violated; and the Land Department has no juris- 

 diction to prescribe the form of an entry under that act, provided 

 it is not more than 1 mile in length and does not embrace more than 

 160 acres. (Zera W. Ballinger, 42 L. D., 148.) 



Any tract of agricultural land within a forest reserve, not ex- 

 ceeding 160 acres in area, which may be contained in a square mile the 

 sides of which extend in cardinal directions is within the purview of 

 the act of June 11, 1906. (Zera W. Ballinger, 42 L. D., 148.) 



It is no objection to a homestead imtry under the act of June 11, 

 1906, that it extends across a township line and lies partly in each of 

 two adjoining townships. (John W. Hickcox, 42 L. D., 573.) 



Elimination of lands listed. 



Where by change of boundary lands are eliminated from a National 

 Forest which had prior thereto been listed by the Secretary of Agri- 

 culture for restoration under the act of June 11, 1906, upon the 

 application of a qualified homesteader, or had been settled upon prior 

 to January 1, 1906, and the settlement since maintained, the prefer- 

 ence right secured to such applicant or settler under said act is not 

 terminated or defeated bv such elimination. (Instructions, 42 L. D., 

 425.) 



Where lands in a National Forest embraced within a pending 

 entry are restored to the public domain, and the entry is permitted 

 to remain intact, publication of the usual formal notice of restora- 

 tion should not be made. (Frank A. Devault, Jr., 42 L. D., 471.) 



Occupancy under permit. 



One who applies to have land within a National Forest listed for 

 opening under the act of June 11. 1906, and is thereafter granted a 

 specialise permit to occupy the land, is entitled, in submitting proof 

 upon his entry made in pursuance of such listing, to credit for resi- 

 dence since the dates of the special-use permit. (Robert G. Mc- 

 Dougall, 43 L. D., 186; see also J. Paul Holden, 43 L. D., 525.) 



