78 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



States, as will except the land from withdrawal by the Government 

 under the act of June 25, 1910. (Administrative ruling, 43 L. D., 

 293.) 



Where an application to make forest lieu selection fails because of 

 defective base, amendment thereof by the substitution of new base 

 can not be allowed in the face of an intervening withdrawal for 

 forestry purposes. (Fred A. Kribs, 43 L. D., 146.) 



Forest lieu selections of unsurveyed lands are not defeated by set- 

 tlements made with full knowledge of such prior claims. (Ayres 

 et al. v. Rose et al., 43 L. D., 331.) 



EXCHANGE OF SCHOOL LANDS. 



State of Montana. 



Act of March 4, 1913 (37 Stat., 854). 



To enable the Secretary of Agriculture to effect an exchange of 

 lands and indemnity rights with the State of Montana, $25,000, to 

 be available until expended when the said State shall have appro- 

 priated a like amount to be used in cooperation with the Forest Serv- 

 ice for the aforesaid purpose : Provided, That such exchanges shall 

 be made on the basis of approximately equal area and value. 



State of Washington. 



Act of March 4, 1915 (38 Stat, 1113). 



To enable the Secretary of Agriculture to carry out an agreement 

 heretofore made by and between him and the State of Washington, 

 through its proper officers, looking to the exchange of lands and in- 

 demnity rights with said State, $50,000, or so much thereof as may be 

 necessary, to be available until expended when the said State shall 

 have made available a like amount to be used for carrying out the 

 aforesaid agreement : Provided, That such exchanges shall be made 

 on the basis of approximately equal area and value. 



RAILROAD-GRANT LANDS. 



Unclassified odd sections within the primary limits of the Northern 

 Pacific Railroad grant, even though not surveyed, form no part of the 

 National Forests within which they lie, and the Forest Service has no 

 power to administer over them. (1 Sol. Op., 79; reversed 1 Sol. Op., 

 294 and 541.) 



Legal title to all odd sections, not mineral, within the 10-mile limit 

 passed to the Central Pacific Railroad Co., upon definite location of 

 its line, without the issuance of patent. (2 Sol. Op., 897.) 



The exception of lands returned and denominated as mineral must 

 also be held to operate, as of the date of the definite location of the 

 road. A subsequent survey and return as mineral of lands not min- 

 eral in fact would not divest the company's title. (Id.) 



The mineral or nonmineral character of lands within the grant 

 limits of the Southern Pacific Railroad Co. can be conclusively deter- 

 mined by the Department of the Interior, either by the issuance of 

 patent upon the Surveyor General's ex parte return as to the character 

 of the lands, or after a hearing properly applied for to test the return 

 of the Surveyor General. (Id.) 



