LANDS — LIEU SELECTIONS. 77 



the previous grant of sections 16 and 36 to the Territory. (2 Sol. 

 Op.. 848.) 



School sections in National Forests in Xew Mexico are subject to 



administration by the Forest Service, whether surveyed or unsur- 

 veved. and the title remains in the United States so loii£ as the forests 

 exist. (2 Sol. Op.. 863.) 



An application by the governor of a State for the survey of public 

 lands for purposes of selection under the provisions of the act of 

 August 18, 1894 (28 Stat.. 394), and the withdrawal of the lands for 

 that purpose by the Secretary of the Interior, does not prevent the 

 President from including the lands in a Xational Forest and thereby 

 defeating the State's preference right of selection. (27 Op. Attv. 

 Gen., 605.) 



Such application for survey and the withdrawal thereon do not 

 constitute a "legal entry." a "lawful filing." or a " valid settlement" 

 in the meaning of the exceptions contained in a forestry proclama- 

 tion. (Id.. 605.) 



LIEU SELECTIONS. 



The act of June 4. 1897, authorizing selections of land in lieu of 

 those embraced in forest reserves was repealed by the act of March 

 3. 190& (33 Stat.. 1254.) 



A pending unapproved application to make forest lieu selection 

 will not prevent withdrawal of lands embraced therein for the pur- 

 pose of reserving the power sites thereon for public uses. (Sherar v. 

 Veazie. 40 L. D., 549.) 



An application to make forest lieu selection of unsurveyed lands 

 not identified with reference to natural boundaries or monuments 

 or such markings upon the ground as would constitute notice to 

 intending settlers is no bar to the attachment of rights under the act 

 of May 14. 1SS0: and while approval of the township plat of survey 

 is an identification of the lands as of the date of such approval, and. 

 by relation, as against the Government, as of the date of the filing 

 of the application, it does not and can not so attach as to cut out 

 intervening adverse settlement claims. (F. A. Hvde et al., 40 L. D.. 

 284.) 



Upon approval of an application to make forest lieu selection the 

 title of the Government to the lands relinquished as base therefor 

 attaches, under the doctrine of relation, as of the date the selection 

 was perfected and entitled to be approved. (A. G. Strain, 40 L. D.. 

 10S.) 



The Government survey creates, and does not merely identify, selec- 

 tions of land, and a riling of selections of lieu lands by numbered sec- 

 tions before survey is wholly ineffective. (Sawyer et al. v. Gray 

 et al.. 205 Fed.. 160: see also United States v. Montana Lumber Co.. 

 196 U. S., 573.) 



Filing of deeds of relinquishment to forest reserved land on selec- 

 tion papers for lieu lands under the act of June 4. 1S97 (30 Stat.. 

 34). held not to give the applicant any vested right in the land 

 selected until the approval of the exchange by the General Land 

 Office. (Daniel v. Wagner. 205 Fed.. 235.) 



No such right is acquired by a forest lieu, railroad or State selec- 

 tion, prior to approval thereof by the proper officer of the Lnited 



