of lot 3 in Sec. 3,"" the S. of S. of lot 4 in Sec. 3,"" the S. of S. ↓ of lot 1 in Sec. 4," and are parts of irregular-shaped tracts designated as lots by the public survey. It would be impossible from the description given in the entry certificate to identify the lands claimed under the location and entry. This can be done only by a survey of the portions of said lots intended to be embraced in the entry. If the entryman shall elect to retain the lands claimed in said lots 3 and 4 in Sec. 3, and lot 1 in Sec. 4, or any portion or portions thereof, he must have a survey of the same made, so that the portion or portions retained may be properly identified.

No survey will be required as to ten-acre tracts of regular legal subdivisions or of entire lots, but where it is sought to embrace only a portion of such tracts or lots a survey of the same must be furnished as in the case of unsurveyed lands. In no event can the entry be allowed to stand for more than 160 acres of land.

Your office decision is therefore modified to conform to the views herein expressed.

PENDING SCHOOL INDEMNITY SELECTION-APPLICATION COVERING

SAME LAND.

SANTA FE PACIFIC R. R. Co. v. STATE OF CALIFORNIA.

Pending the disposition of a school land indemnity selection, even though erroneously received, no other application including any portion of the land embraced in such selection should be accepted, nor will any rights be considered as initiated by the tender of any such application.

Secretary Hitchcock to the Commissioner of the General Land Office, (F. L. C.) July 3, 1905. (F. W. C.)

The Santa Fe Pacific Railroad Company has appealed from your Office decision of December 10, 1904, rejecting its application, proffered under the act of June 4, 1897 (30 Stat., 36), to select the SW. 1 of NE. and NE. 4 of SE. 4 of Sec. 26, T. 28 N., R. 6 E., M. D. M., Susanville, California, land district, in lieu of an equal quantity of land relinquished to the United States in the San Francisco Mountains forest reserve, because of certain prior school indemnity selections made of said lands; also its applications to contest the State's selections covering these lands; the latter action being because of the fact that they were made by one H. D. Burroughs, admittedly not as initiating a contest in his own name to be prosecuted in his own interest, but as attorney for and on behalf of the Santa Fe Pacific Railroad Company.

With regard to the State's selection covering these lands, your office decision states that the selection of the SW. of NE. of Sec. 26, was

made on March 12, 1902, and that the selection of the NE. 4 of SE. of Sec. 26, was made on February 16, 1904. With regard to the lastmentioned selection, the fact is that the State's selection was made on October 10, 1903. The list filed on that date, including this tract, also embraced other selections, and, upon examination thereof, it was found that certain of the selections were improperly allowed, and the selection of those tracts was canceled, the State subsequently, on February 16, 1904, filing what is termed an amendatory list, embracing all the selections included within the original list, with the exception of those canceled, the selection in each instance being on account of the same basis assigned in the original list.

With regard to the State's selections, that of March 12, 1902, was on account of a part of section 16 lost to the State because the land in place was patented under the swamp land grant. With regard to the selection of October 10, 1903, the selection was claimed on account of a portion of a section 16 which had been previously withdrawn for examination and investigation with a view to its possible inclusion within a forest reserve.

The selections were accepted by the local officers, duly entered of record, and were pending undisposed of at the time of the proffer of the selection by the Santa Fe Pacific Railroad Company, and it was because of the pendency of such selections, and without regard to their validity, that your office and the local officers held that the land covered thereby was not subject to selection under the act of June 4, 1897, supra.

This action is affirmed. Good administration requires that, pending the disposition of a selection, even though erroneously received, no other application including any portion of the land embraced in said selection should be accepted, nor should any rights be considered as initiated by the tender of any such application.

With regard to the affidavits filed as the basis for the contest of the State's selections, your office decision rightly held that the applications presented were insufficient, and the action rejecting the same is also affirmed. The proffered selection of the Santa Fe Pacific Railroad Company will stand rejected.

MOUNT RANIER FOREST RESERVE-YAKIMA INDIAN LANDS-ACT OF DECEMBER 21, 1904.

INSTRUCTIONS.

The authority conferred upon the Secretary of the Interior by the act of December 21, 1904, to sell and dispose of certain lands claimed by the Yakima Indians and adjoining their then-recognized reservation on the west, held to embrace such of said lands as fall within the limits of the Mount Ranier forest reserve.

Secretary Hitchcock to the Commissioner of the General Land Office, (F. L. C.) July 3, 1905.

(G. B. G.)

Referring to your office letter "R" of the 28th ultimo, I have to state that upon careful examination of the question therein submitted, it is clearly the opinion of this Department that the act of December 21, 1904 (33 Stat., 595), recognizes the claim of the Yakima Nation of Indians to that strip of country adjoining their thenrecognized reservation on the west,"containing approximately two hundred and ninety-three thousand, eight hundred and thirty-seven acres according to the findings, after examination, of Mr. E. C. Barnard, topographer of the Geological Survey, approved by the Secretary of the Interior, April seventh, nineteen hundred;" that the Secretary of the Interior is authorized and directed to sell or dispose of all such lands, except such as may have been allotted or to which valid rights have not been acquired prior to March 5, 1904, by bona fide settlers or purchasers under the public land laws; and that this authority and direction embrace so much of said lands as falls within the limits of the Mount Ranier forest reserve, as established by executive proclamation of February 22, 1897. Your office will be governed accordingly in the administration of said act.

ISOLATED TRACT-PUBLIC SALE-NOTICE-CIRCULAR OF APRIL

11, 1895, AMENDED.

CIRCULAR.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., July 3, 1905.

Registers and Receivers, United States Land Offices.

GENTLEMEN: Referring to the form of notice for publication to be used in public land sales, as prescribed by circular of April 11, 1895 (20 L. D., 305), I have to direct that hereafter when instructions are received from this office ordering into market, at public sale, any isolated tract or tracts of land, you will not only specify in such notice the day of the month and place for such sale, but also the hour of commencement of sale.

Very respectfully,

Approved:

E. A. HITCHCOCK, Secretary.

J. H. FIMPLE, Acting Commissioner.

LANDS SEGREGATED FROM YOSEMITE NATIONAL PARK AND INCLUDED IN SIERRA FOREST RESERVE-RIGHT OF WAY-ACT OF FEBRUARY 7, 1905.

CIRCULAR.

DEPARTMENT OF THE INTERIOR,

Washington, D. C., July 7, 1905.

This act [February 7, 1905, 33 Stat., 702], so far as it relates to the use of the lands within the addition to the Sierra Forest Reserve made by it, for right of way purposes, is as follows:

Provided, That all those tracts or parcels of lands described in section one of the said act of October first, eighteen hundred and ninety, and not included within the metes and bounds of the land above described, be, and the same are hereby, included in and made part of the Sierra Forest Reserve: And provided further, That the Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra Forest Reserve accorded under the act approved February fifteenth, nineteen hundred and one, relating to rights of way over certain parks, reservations, and other lands, and other acts concerning rights of way over public lands; and the moneys received from the privileges accorded on the lands herein segregated and included in the Sierra Forest Reserve shall be paid into the Treasury of the United States, to be expended, under the direction of the Secretary of the Interior, in the management, improvement, and protection of the forest lands herein set aside and reserved, which shall hereafter be known as the "Yosemite National Park."

SEC. 2. That none of the lands patented and in private ownership in the area hereby included in the Sierra Forest Reserve shall have the privileges of the lieu-land scrip provisions of the land laws, but otherwise to be in all respects under the laws and regulations affecting the forest reserves, and immediately upon the passage of this act all laws, rules, and regulations affecting forest reservations, including the right to change the boundaries thereof by Executive proclamation, shall take effect and be in force within the limits of the territory excluded by this act from the Yosemite National Park, except as herein otherwise provided.

The several acts of Congress authorizing the use of lands within. forest reserves for right-of-way purposes are applicable to this portion of the Sierra Forest Reserve, with the condition, however, that the Secretary of the Interior may require the beneficiary to pay a suitable price for the privileges accorded therein.

The Department of Agriculture is vested with jurisdiction to pass upon all applications under any law of the United States providing for the granting of a permission to occupy and use lands in a forest reserve, which occupation or use is temporary in character, and which, if granted, will in no wise affect the fee or cloud the title of the United States should the reserve be discontinued. The Department of the Interior is vested with jurisdiction over all applications affecting lands within a forest reserve the granting of which amounts to an easement running with the land. Any permission or license granted

by the Agricultural Department is subject to any later disposal of the lands by the Department of the Interior.

All applications for privileges other than of a temporary character within the said addition to the Sierra Forest Reserve should be in accordance with the regulations heretofore prescribed in similar cases. Before final approval is given to any application for a privilege on or over these lands, the Secretary of the Interior will fix the price therefor and the payment thereof will be necessary before final approval is given.

When the payment is made at the local land office, the receiver will charge the amount paid on his list of unearned moneys and deposit the same to his official credit until he is advised of the allowance or rejection of the application. If the application be allowed, he will cover the money into the Treasury to the credit of the special fund provided for by this act, to be expended under the direction of the Secretary of the Interior in the management, improvement, and protection of the Yosemite National Park; if rejected, the amount will be returned to the applicant and a proper receipt taken therefor.

In addition to the foregoing, and before such application will be approved, the applicant must expressly agree to enter into a contract whereby he shall bind himself to make further annual payments for such privilege should the Secretary of the Interior, upon consideration of the facts in each particular case, so prescribe. Such payments when required, shall be made to the Secretary of the Interior, to be placed to the credit of the special fund provided for in the act of February 7, 1905, to be expended in the management, improvement, and protection of the Yosemite National Park.

An applicant for the privilege of transporting persons and material through the reserve to the Yosemite National Park will also be required, when in the judgment of the Secretary of the Interior the convenience of the public requires it, to file in the Department a stipulation agreeing to transport the cars of any other person or company over its road upon the payment of such reasonable charge as may be determined upon between the parties, or by the Secretary of the Interior.

E. A. HITCHCOCK, Secretary.

LAND WITHDRAWN UNDER ACT OF JUNE 17, 1902--TOWNSITE.

INSTRUCTIONS.

Directions given relative to the survey, subdivision, appraisal and sale of certain lands in Idaho within the irrigable area of the Minidoka reclamation project, withdrawn from entry, except under the homestead law, for disposal in accordance with the provisions of the act of June 17, 1902, and subsequently reserved by the President, under section 2380 of the Revised Statutes, as a town site.