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and until this condition is complied with the land is subject to exploration under the mining laws, and if found to be mineral in character it is no longer subject to selection. Cobb, In re, 31 L. D. 220, p. 221.

See Gray Eagle Oil Co. v. Clarke, 30 L. D. 570, p. 581.

Peavey, In re, 31 L. D. 186.

Kern Oil Co. v. Clarke, 31 L. D. 288.

Gray Eagle Oil Co. v. Clarke (on review), 31 L. D. 303.

Until the Land Department determines the questions of law and fact involved in a proper selection and a formal approval has been given the equitable title to lands selected does not pass from the Government.

Miller v. Thompson, 36 L. D. 492, p. 494.

See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301.

Clearwater Timber Co. v. Shoshone County, 155 Fed. 612.

A person making an exchange of land under this act only acquires a vested interest in the lands selected when he lawfully enters thereon and in all respects complies with the requirements of the law under which he claims his rights.

Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 12.

See Hawley v. Diller, 178 U. S. 476.

Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 310.

Until selections are perfected by submitting the required proof the selector acquires no vested rights under this act as against either the Government or an adverse claimant.

Hedges, In re, 32 L. D. 520, p. 521.
Kern Oil Co. v. Clarke, 30 L. D. 550.

Gray Eagle Oil Co. v. Clarke, 30 L. D. 570.

An entryman under this act on lands selected in lieu of lands within a forest reservation can not, on an affidavit stating its known mineral character and that it was free from mining claims and entered for agricultural purposes, be granted relief in equity against another claimant in possession under an oil placer mining location, made prior to such entry and where development work has being diligently prosecuted at the time such entry was made.

McLemore v. Express Oil Co., 158 Cal. 559, p. 564.

The complete equitable title of the complainant to the lands selected as lieu land can not exist until a favorable decision by the Land Department has been made as to the sufficiency of the complainant's proof of his right to the selected land, and there must be a decision somewhere regarding the rights asserted by the selector of lands selected under this act before a complete equitable title to the land can exist; but the mere filing of papers can not create such a title and the seller can not decide the question for himself, but his application must comply with and conform to the statute. Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 312. Moses, In re, 33 L. D. 333, p. 334.

When an applicant under the nonmineral laws has complied with all the terms and conditions necessary to secure title to a particular tract of land, he acquires a vested interest therein if it is then not known to contain valuable deposits and is otherwise of the condition and character subject to disposition under the law by which he seeks title, and no subsequent discovery of mineral in the land or other change in its condition or character can impair or in any manner affect his right.

Bakersfield Fuel & Oil Co. v. Saalburg, 31 L. D. 312, p. 314.

See Kern Oil Co. v. Clarke, 30 L. D. 550.

Gray Eagle Oil Co. v. Clarke, 30 L. D. 570.

Kern Oil Co. v. Clotfelter, 30 L. D. 583.

Kern Oil Co. v. Clarke, 31 L. D. 288.

i. MINERAL LANDS NOT SELECTABLE.

Mineral lands were not authorized to be selected under this statute in the selection of lieu lands for those surrendered in a forest reservation.

Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 33.

Lands valuable for mineral deposits are not subject to forest lieu selection under this act.

Meiklejohn v. Hyde, 42 L. D. 144, p. 148.

j. LANDS LOCATED NEAR MINERAL LANDS-EFFECT.

The evidence bearing upon the mineral character of the lands selected will not be restricted to mineral discoveries upon the lands themselves and to their geological formation; but the inquiry respecting both the occupancy and character of the selected lands will be directed to the conditions existing and known at the time, but no consideration will be given to any changes subsequently occurring or to any mineral discovery or development subsequently made.

Kern Oil Co. v. Clotfelter, 30 L. D. 583, p. 587.
See Kern Oil Co. v. Clarke, 30 L. D. 550.

Gray Eagle Oil Co. v. Clarke, 30 L. D. 570.

Gray Eagle Oil Co. v. Clarke (on review), 31 L. D. 303.
Hirshfeld v. Chrisman, 40 L. D. 112, p. 116.

This section is a congressional recognition that land near but not contiguous to
known veins or lodes may be nonmineral in character and enterable as such.
United States v. Kostelak, 207 Fed. 447, p. 453.

A valid selection and location made in lieu of lands entered in a forest reservation is not rendered invalid if made on lands vacant and open to settlement by the fact that it is situated in the vicinity of producing oil wells and that it has surface indications of oil, or that it was selected with a view to its possible value as oil lands where no discovery of oil has in fact been made thereon.

Olive Land & Dev. Co. v. Olmstead, 103 Fed. 568, p. 574.

k. EFFECT OF PATENT FOR LIEU SELECTIONS.

The issue of patent upon a nonmineral claim to land does not conclusively establish its nonmineral character for purposes of exchange under this act, as such a patent may be inadvertently or erroneously issued for land known to be mineral, or the mineral character of the land may be discovered after the issuance of such nonmineral patent, but if the land be known to be mineral at the date of its relinquishment, it is not good base for exchange under this act.

Blair, In re, 33 L. D. 72, p. 73.

The issue of a patent to the railroad company under this act precludes any presumption that the land so patented is of mineral character.

Blair, In re, 33 L. D. 72, p. 73.

Northern Pac. R. Co., In re, 32 L. D. 342, p. 344.

1. MINERAL SURVEYOR CAN NOT MAKE SELECTION.

A deputy mineral surveyor, though not appointed for a fixed period, is prohibited under the law from making a forest lieu selection under this statute,

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27 STAT. 408, DECEMBER 22, 1892.

ABANDONED MILITARY RESERVATIONS-DISPOSAL-WYOMING.

AN ACT To provide for the disposal of certain abandoned military reservations in Wyoming.

Be it enacted, etc., That all public lands now remaining undis posed of within the abandoned military reservations in the State of Wyoming, known as Fort Fetterman Hay Reservation, the Fort Fetterman Old Wood Reserve, situated in T. 32 N., ranges 74 and 75 W., established August 29, 1872, and the Fort Fetterman New Wood Reserve, situated in townships 28 and 29, range 71 W., are hereby made subject to disposal under the homestead law only: Provided, That actual occupants thereon upon the 1st day of January, 1892, shall have the preference right to make one entry not exceeding one quarter section under existing land laws if qualified, which shall include their respective improvements: Provided further, That any of such lands as are occupied for town-site purposes and any of the lands that may be shown to be valuable for coal or minerals shall be disposed of as now provided for lands subject to entry and sale under the town site, coal, or mineral land laws respectively.

29 STAT. 11, 2 SUPP. R. S. 447, FEBRUARY 20, 1896.

FOREST RESERVATIONS OPENED TO LOCATION OF MINING CLAIMS. AN ACT To open forest reservations in the State of Colorado for the location of mining claims.

Be it enacted, etc., That the forest reservations in the State of Colorado, known as the Pikes Peak Forest Reserve, the Plum Creek Forest Reserve, and the South Platte Forest Reserve, established by Executive proclamations dated, respectively, March 18, 1892, June 23, 1892, and December 9, 1892, in the State of Colorado in accordance with section 24 of the act of March 3, 1891, from and after the passage of this act, shall be open to the location of mining claims thereon for gold, silver, and cinnabar, and that title to such mining claims may be acquired in the same manner as it may be acquired to mining claims upon the other mineral lands of the United States for such purposes: Provided, That all locations of mining claims heretofore made in good faith within said reservations, and which have been held and worked in the same manner as mining claims are held and worked under existing law upon the public domain, are validated by this act.

SEC. 2. That owners of valid mining locations made and held in good faith under the terms of this act, shall be, and are hereby, authorized and permitted to fell and remove from such mining claims any timber growing thereon, for actual mining purposes in connection with the particular claim from which the timber is felled or removed, but no other timber shall be felled or removed from any other portions of said reservations by private parties for any purpose whatever.

29 STAT. 95, APRIL 18, 1896.

MILITARY RESERVATIONS-DISPOSAL OF ABANDONED PORTIONS—

ΜΟΝΤΑΝΑ.

AN ACT Providing for disposal of lands on abandoned portions of the Fort Assinniboine Military Reservation in Montana and for the relief of certain settlers thereon.

Be it enacted, etc., That all lands which have been or may hereafter be excluded from the limits of the Fort Assinniboine Military Reservation in the State of Montana shall be open to the operation of the laws regulating homestead entry, except section 2301 of the Revised Statutes, and to entry under the town-site laws and the laws governing the disposal of coal lands, desert lands, and mineral lands, and shall not be subject to sale under the provisions of any act relating to the sale of abandoned military reservations: Provided, That if the entire reservation be abandoned for military purposes this act shall not apply to an area 1 mile square embracing the Government buildings at Fort Assinniboine.

SEC. 2. That all entries heretofore made in good faith under either the homestead, town-site, desert-land, or mineral-land laws of the United States upon any of the excluded portions of said Fort Assinniboine military reservation shall be held valid, and the Secretary of the Interior is directed to reinstate such entries under either of said laws as he may heretofore have canceled because of a construction based upon the opinion that the laws mentioned in section 1 of this act did not apply to the abandoned portions of said reservation.

30 STAT. 993, P. 994, MARCH 2, 1899.

MOUNT RANIER NATIONAL PARK-MINERAL LAND LAWS EXTENDED TO PARK.

AN ACT To set aside a portion of certain lands in Washington, known as the Pacific Forest Reserve, as a public park, to be known as the Mount Ranier National Park.

Be it enacted, etc., * * *

SEC. 3. That upon execution and filing with the Secretary of the Interior, by the Northern Pacific Railroad Co. of proper deeds releasing and conveying to the United States the land in the reservation hereby created, also the lands in the Pacific Forest reserve which have been heretofore granted by the United States to said company, whether surveyed or unsurveyed, and which lie opposite said company's constructed road, said company is hereby authorized to select an equal quantity of nonmineral public land, so classified as nonmineral at the time of actual Government survey, which has been or shall be made, of the United States not reserved and to which no adverse right or claim shall have attached or have been initiated at the time of the making of such selection, lying within any State into or through which the railroad of said Northern Pacific Railroad Co. runs, to the extent of the lands so relinquished and released to the United States.

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SEC. 5. That the mineral land laws of the United States are hereby extended to the lands lying within the said reserve and said park.

A. RESERVATION-MOUNT RAINIER NATIONAL PARK.

1. EXCHANGE OF LANDS RATHER THAN SELECTIONS.

2. NONMINERAL AND UNOCCUPIED SURVEYED LANDS SELECTABLE

ONLY.

3. CLASSIFICATION OF LANDS BY FIELD NOTES OF SURVEY.

4. LANDS SELECTED IN EXCHANGE MUST BE NONMINERAL.
5. GRANT OF LANDS IN EXCHANGE FOR LANDS WITHIN THE

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6. SELECTION OF LANDS CLASSIFIED AS MINERAL-EFFECT.
7. COAL AND IRON LANDS AS MINERAL UNLESS EXCLUDED.
8. LIEU LANDS PROTECTED FROM SUBSEQUENT DISCOVERY.

1. EXCHANGE OF LANDS RATHER THAN SELECTIONS.

See 13 Stat. 365; 28 Stat. 683.

The selections authorized by this act are not indemnity selections in any proper sense, but are lands received in exchange for lands surrendered and reconveyed to the United States, and the railroad company is not authorized to search throughout the State through which its railroad runs and select lands containing iron or coal, as Congress intended to confer no such right upon the company.

Brown v. Northern Pac. R. Co., 31 L. D. 29, p. 32.

This act recognizes the grant by the act of 1864 (13 Stat. 365) as a thing complete and settled, and it proposes an exchange of the public lands for the company's grant located within the Pacific Forest Reserve, and the terms and conditions of the exchange are completely expressed in the act and is not governed by the terms of the former act providing that the word "mineral" should not be held to include iron or coal. Brown v. Northern Pac. R. Co., 31 L. D. 29, p. 31.

The lieu lands to be selected under this act still retain the general character of a donation and the valuable right has been given to the grantee to choose its lieu lands from any nonmineral public land lying in any State and over or through which its railroad runs; but whether the act is one of grant or exchange, it is subject to the construction that nothing passes by implication and unless the words of the grant are clear and explicit as to the land conveyed, that construction which is most favorable to the Government must prevail, and so construed it conferred the general authority to select an equal quantity of nonmineral public lands which means a selection from the nonmineral public lands and only from nonmineral public lands.

United States v. Northern Pac. R. Co., 170 Fed. 498, p. 501.

See Northern Pac. R. Co. v. United States, 176 Fed. 706.

The provisions for the exchange of lands under this statue is that for all lands within the exterior boundaries of the parts conveyed to the United States by the railroad company, the latter is authorized to select an equal quantity of nonmineral lands so classified as nonmineral at the time of actual Government survey, and the statute can not be construed so as to eliminate the word “nonmineral," and Congress requires that its nonmineral land shall be disposed of only in accordance with the provisions of the statutes governing that class of land.

Northern Pac. R. Co. v. United States, 176 Fed. 706, p. 708.
Affirming United States v. Northern Pac. R. Co., 170 Fed. 498.

2. NONMINERAL AND UNOCCUPIED SURVEYED LANDS SELECTABLE

ONLY.

Section 3 of this act authorizes the railroad company to select nonmineral public lands so classified at the time of actual Government survey; but if a bona fide settle

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