the name and location of the claim, the name and address of the claimant and of the officer examining the claim, and the date of the examination. Each package should be numbered, the number being also entered in the field notebook.

Notes should be made at once, and the samples should be referred to in the notes by number, description, color, and name, if known, of the rock containing the mineral. This will assist the officer in making his report.

The samples of ore when wrapped, and the package when labeled, should be stored, if possible, under lock and key.

Immediately upon being notified that a hearing has been ordered upon the claim by the Commissioner of the General Land Office, the supervisor should send the sample by express, charges prepaid, to the assayer of the mint at Denver, Colo., Deadwood, S. Dak., Carson City, Nev., or Seattle, Wash., whichever is most accessible, or to such other address as may be supplied hereafter. The charge for expressage, supported by the proper subvoucher, should be submitted in the supervisor's next expense account. The supervisor should notify the assayer of the shipment, give description of the sample used upon the label, request him to make the assay and give an assay certificate for the use of the Forest Service, and inform him, if possible, on what date the certificate will be used.

Placer claims.-The Forest officer should search for the discovery shaft, pit, or tunnel, pan some of the dirt, and record the results. Several pannings should be made in each excavation. His report should verify or dispute the nature of the deposit claimed.

MILL SITES.

In examining and reporting upon mill sites, Forest officers should keep in mind the following essentials of the law: Millsite claims must not embrace more than 5 acres, and must be nonmineral and noncontiguous to a vein or lode, and must be used or occupied by the proprietor of such vein or lode for mining or milling purposes. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site.

TOWN SITES.

Lands in National Forests embraced in valid townsite settlements made before the creation of the Forest may, unless abandoned, be entered and patented underthe town-site laws, without regard to the period which has elapsed after their settlement or after the establishment of the Forest, and without any necessity to eliminate the town-site area from the Forest.

Where it is desired to originate and establish a town site on lands within a National Forest, if a petition addressed to the Forester and an investigation made under his direction show that it is necessary and advisable to use such lands for town-site purposes, an Executive order to exclude the land may be issued, in which case provision will be made for its entry under the town-site laws and the regulations of the Department of the Interior.

STATE LANDS.

In general, grants to States and Territories for school purposes apply to sections 16 and 36 (nonmineral), if these sections were identified by survey before they were withdrawn for National Forest purposes. If the withdrawal precedes such identification, the State or Territory loses its right to these sections, and may select unreserved nonmineral lands in lieu of them. (Appendix, p. 278.) In the States of North Dakota, South Dakota, Montana, Washington, Idaho, and Wyoming, however, nonmineral sections 16 and 36 (and) in Utah 2, 16, 32, and 36) belong to the State whenever they are identified by survey, notwithstanding their

prior withdrawal for National Forest purposes. (Appendix, p. 279.)

All States and Territories alike may make indemnity selection of unreserved public lands in lieu of school sections included within a National Forest, whether the title of the State has or has not been perfected by the survey of the school sections. (Appendix, p. 278.)

The removal of timber from unsurveyed lands within a National Forest without permit is trespass, and will be promptly reported in all cases, notwithstanding the fact that after survey such lands may turn out to be State or railroad sections.

RAILROAD LANDS.

A railroad does not acquire title to nor the right to use, lease, or sell land within the primary limits of its grant before Government survey (Appendix, p. 284), nor within its indemnity limits before Government survey and approval of selection. When the plats and field notes of survey show land in National Forests to be mineral in character, use, lease, or sale by a railroad will not be allowed, unless its selection of such land has been approved by the Department of the Interior.

ADMINISTRATIVE SITES.

Public lands within National Forests, and, where necessary, outside them, may be withdrawn from all forms of entry, for administrative uses.

Lands needed for supervisors' and rangers' headquarters, gardens, or pastures, for planting stations, reser

voir sites, rights of way, or other administrative uses, should be selected, so far as possible, from nonmineral, unclaimed lands, and will be specially reserved from any form of location or entry. Supervisors should recommend sufficient reservations to meet the future as well as the present needs of the Service. The act of August 30, 1890 (Appendix, p. 223), reserved rights of way for ditches and canals constructed by authority of the United States over all lands to be entered thereafter under any of the laws of the United States.

If it becomes necessary to recommend the reservation of land probably valuable for mining purposes or embraced in an invalid claim, a special report should accompany the recommendation, showing the necessity for reservation and the character of the claim.

No site should be selected which is in whole or in part actually occupied or used in good faith for agricultural or mining purposes or for a home, whether the claim is legally valid or not, unless no other suitable tract is available for the purpose in view. If such a tract is selected because no other tract is suitable, that fact should be stated and explained in detail, and a report on the claim, on the proper form, should accompany the recommendation for withdrawal. All possible consideration should be shown to such occupants and users, and for this purpose full report should be made of all facts as to the occupancy; the kind, condition, and value of the improvements, and the good faith of the claimant. The Forester will carefully consider the validity of the claim, and, even if it is technically invalid, the propriety of paying for the improvements and securing a relinquishment, or of confining the site to the unimproved portion of the claim. If there are no claims on the sites recommended this fact should be stated. Conflicts with homestead applications under the act of June 11, 1906, should be avoided if possible. When they can not be avoided they should be dealt with in the spirit of the above instructions.

Examiners of lands applied for under the act of June 11, 1906, are reminded that rights for logging roads and other uses necessary for the efficient administration of the Forests may be withdrawn from all forms of entry in the same manner as administrative sites are withdrawn. The withdrawal would not cover the entire fee, but merely an easement to occupy the land for a road or other specific administrative use, leaving the fee open to appropriation. After the withdrawal, the land over which the right of way passes may be listed under the act of June 11 as one contiguous tract. It is essential that the withdrawal should precede the listing. The examining officer should give the course and distance of the road with accuracy, and should furnish with his recommendation for withdrawal a correct plat and field notes, using Forms 271 and 220.

Supervisors should make actual diversions of water needed for administrative use. After each diversion is made a record of it should be prepared by the supervisor.

The record should give the name of the stream, the date on which the diversion was made, the method of diversion, the use to which the water is put, the description of the place of diversion, the subdivision of land if surveyed, and if not, the description of the land by reference to natural objects, and the amount taken, in cubic feet per second or miner's inches. This record should be prepared in duplicate, and both original and duplicate should be dated and signed by the Forest officer making the diversion, and witnessed by any persons present or assisting him. Both should be approved by the supervisor, and the original forwarded to the Forester, accompanied by a plat on tracing linen illustrating the fact given in the statement. A copy of the plat will be retained by the supervisor.

USES.

JURISDICTION OF THE DEPARTMENT OF AGRICULTURE.

The Secretary of Agriculture has entire jurisdiction over National Forests, except in matters of surveying