YH CIRCULAR No. 289 GENERAL LAND OFFICE REGULATIONS UNDER TIMBER AND STONE LAW (Act of June 3, 1878, and Acts Amendatory) (APPROVED NOVEMBER 80. 1908) REVISED AND APPROVED JANUARY 2, 1914 Reprinted March 1, 1916, with amendmenta /rRSITY OF CALIFORNIA ' LC3 ANGELES DlG 7 'i352 LIBRARV r->;^ oM^S. F:'-^^^'•• WASHINGTON GOVERNMENT PRINTING OFFICE 1916 SRLF YRL CC/l(02XlO& KIiGliLATIONS UNDER TIMBER AND STONE EAW. Department of the Interior, General Land Office, Washington, D. C, November 30, 1908. Registers and Receivers, United States Land Offices. Sirs: The regulations under the act of June 3, 1878 (20 Stat., 89), and amendatory acts, commonly known as the timber and stone law, are hereby revised, modified, and reissued as follows: PROVISION FOR APPRAISEMENT. Any land subject to sale under the foregoing acts may, under the direction of the Commissioner of the General Land Office, upon appli- cation or otherwise, be appraised by smallest legal subdivisions, at their reasonable value, but at not less than S2.50 per acre; and here- after no sales shall be made under said acts except as provided in these regulations. CHARACTER OF LANDS SUBJECT TO ENTRY. All unreserved, unappropriated, nonmineral, siu'veyed public lands within the public-land States, which are valuable chiefly for the timber or stone thereon and unfit for cultivation at the date of sale, may be sold under this act at their appraised value, but in no case at less than $2.50 per acre, in contiguous legal subdivisions upon which there is no existing mining claun or the improvements of any bona fide settler clauning under the public-land laws. The terms used in this statement may be defined substantially as follows for the purpose of construing and applying this law: 2. Unreserved and unapprojirmted lat^ds are lands which are not included within any military, Indian, or other reservation, or in a national forest, or in a withdrawal by the Government for reclama- tion or other purposes, or which are not coveretl or embraced in any entry, location, selection, or filing which withdraws them from the public domain. 3. Unoccupied lands are lands belonging to the United States upon which there are no improvements belonging to any person who has initiated and is properly maintaining a valid mining or other claim 3 4 REGULATIONS UNDER TIMBER AND STONE LAW. to such lands under the public-land laws. Abandoned and unused mines, shafts, tunnels, or buildings occupied by mere trespassers not seeking title under an}^ law of the United States, do not prevent timber and stone entries if the land is otherwise capable of being so entered. 4. Nonmineral lands are such lands as are not known to contain any substance recognized and classed by standard authorities as mmeral, in such quantities and of such qualities as would, with reason- able prospects of success in developing a paying mine thereon, induce a person of ordmary prudence to expend the time and money neces- sary to such development. 5. Timber is defined as trees of such kind and quantity, regardless of size, as may be used in constructing buildings, irrigation works, raiboads, telegraph and telephone lines, tramways, canals, or fences, or in timbering shafts and tunnels or in manufacturing, but does not include trees suitable for fuel only. 6. Lands valuable chiefly for timber, but unfit for cultivation, are lands which are more valuable for timber than they are for cultiva- tion in the condition in which they exist at the date of the application to purchase, and therefore include lands which could be made more valuable for cultivation by cutting and clearing them of timber. The relative values for timber or cultivation must be determined from conditions of the land existing at the date of the application to purchase. 7. Lands may be entered under the timber and stone acts, except as denied by special laws, in all of the public-land States; but such entries may not be made in Alaska. BY WHOM ENTRIES MAY BE MADE. 8. One timber and stone entry may be made for not more than 160 acres (a) by any person who is a citizen of the United States, or who has declared his intention to become such citizen, if he is not under 21 years of age, and has not already exliausted his right by reason of a former application for an entry of that kind, or has not already acquired title to or is not claimmg under the homestead or desert- land laws through settlement or entry made since August 30, 1890, any other lands which, with the land he applies for, would aggregate more than 320 acres; or (b) by an association of such persons; or (c) by a corporation, each of whose stockholders is so qualified. 9. A married woman may make entry if the laws of the State in which she applies permit married women to purchase and hold for themselves real estate, but she must make the entry for her own ben- efit, and not in the interest of her husband or any other person. REGULATIONS UNDER TIMBER AND STONE LAW. 5 METHOD OF OBTAINING TITLE. 10. Any qualified person may obtain title uiidcr the timber and stone law by performing the following acts: (a) Personally examining the land desired; (b) presenting an application and sworn statement, accompanied by a filing fee of $10; (c) depositing with the receiver the appraised price of the land ; (d) publishing notice of his application and proof; (e) making final proof. 11. Examination of the land must be made by the applicant in person not more than 30 days before the date of his application, in order that he may knowingly swear to its character and condition. APPLICATION AND SWORN STATEMENT: DEPOSIT. 12. The application and sworn statement tnust contain the applicant's estimate of the timber, based on examination, and his valuation of the land and the timber thereon, by separate items. (See Form A, Appendix.) It must be executed in duplicate, after having been read to or by the applicant, in the presence of the officer administermg the oath, and sworn to by liim before such officer, who may be either the register or the receiver of the land district in which the land is located, a United States commissioner, a judge or a clerk of a court of record m the county or parish in which the land is situated, or one of these officers outside of that comity or parish, if he is nearer and more acces- sible to the land than any other qualified officer and has his office or place of business witliin the land district in which the land is located. Each applicant must, at the time he presents liis application and sworn statement, deposit with the receiver a fdmg fee of $10. 13. Applications by associations or corporations must, in addition to the facts recited in the foregoing statement, show that each person forming the association or holding stock in the corporation is qualified to make entry in liis own right and that he is not a member of any other association or a stockholder in any other corporation which has filed an application or sworn statement for otiior lands under the timber and stone laws. DISPOSITION OF APPLICATION. 14. After application and deposit Jmve been fled in pro])or form, as required by these regulations, the register and receiver \nll at once forward one copy of the application to the chief of field division having jurisdiction of the land described, who, if he fmds legal objection to the allowance of the application, will return it to them \\Titli report thereon. The register and receiver ^^■ill, if they concur in an adverse recommendation of the chief of field division, dismiss or deii}^ the application, subject to the apjilicant's right of appeal; but if the,y disagree with his recommendation they will forward the 6 REGULATIONS UNDER TIMBER AND STONE LAW. record to the Commissioner of the General Land Office, with their report and opinion thereon, for such action as he may deem aavisable. If the chief of field division finds no such legal objection to the application, he shall cause the lands applied for to be appraised by an officer or employee of the Government. (Designation of Ap- praiser, Form B, Appendix.) APPRAISEMENT: METHOD. 15. The officer or employee designated to make the appraisement must personally visit the lands to be appraised and thoroughly exam- ine every legal subdivision thereof, and the timber thereon, and appraise separately the several kinds of timber at their stumpage value, and the land independent of the timber at its value at the time of appraisement, but the total appraisement of both land and timber must not be less than $2.50 per acre. He must, in making his report, consider the quantity, quality, accessibility, and any other elements of the value of the land and the timber thereon. The appraisement must be made by smallest legal subdivisions, or the report must show that the valuation of the land and the estimate of the timber apply to each and every subdivision appraised, (See Form C, Appendix.) APPRAISEMENT: MANNER OF RETURN: APPROVAL. 16. The completed appraisement must be mailed or delivered per- sonally to the chief of field division under whose supervision it was made, and not to the applicant. Each appraisement upon which an entry is to be allowed must be approved, respectively or conjointly, as provided in these regulations, by the chief of field division under whose supervision it was made, by the register and receiver who allow the entry, or by the Commissioner of the General Land Office. APPRAISEMENT: DISAGREEMENT BETWEEN APPRAISING AND APPROVING OFFICERS: HOW DETERMINED. 17. The chief of field division will return to the appraiser, with his objections, an appraisement which he deems materially low or high, and the appraiser shall within 20 days from the receipt thereof, resubmit the papers, with such modifications or explanations as he may deem advisable or proper, upon receipt of which the chief of field division wiU either approve the schedule as then submitted, or forward the papers to the register and receiver, wdth liis memorandum of objection. The register and receiver will thereupon consider the case. If they approve the appraisement, they wall sign the certificate appended thereto, and advise the chief of field division thereof. If the register and r'^ceiver approve the objection of the chief of field REGULATIONS UNDER TIMBER AND STONE LAW. 7 division, they will so indicate, and if the appraising ofRcer is ar. employee of the Interior Department, under the supervision of the chief of field division, they t\'ill return the papers tnt, for liis serivces for the tune he was engaged in making and returning the reappraisement. The receiver will, out of the money deposited by the appHcant, pay such compensation including reasonable ex]>enses for subsistence, transportation, and necessary assistants; and the officer will deduct from his expense account with the Government the amount which lie has received from the receiver for such services. The receiver will return to the applicant the amount, if any, remaining on deposit with hun after paymg the expenses of said reappraisement. FINAL PROOF. 25. After the appraisement or reapi)raisement and deposit of purchase money and fee have been made the register vdll fix a time and i)lace for the offering of final proof, and namc^ the officer before whom it shall be offered and ])ost a notice thereof in the land oflice and deliver a copy of the notice to the applicant, to be by him and at his expense pubUshed in the newspaper of accredited standing and general cu-culation publislunl nearest the land applied for. This notice must be continuously published in th(> ]>aper for 60 daj's ])rior to the date named th<>rein as the day ui)on which final proof must be offered. (Form G, Appendix.) TIME, PLACE, AND METHOD OF MAKING FINAL PROOF. 26. Final proof should be made at thv time and place mentioned in the notice, and, as a part thereof, evidence of })ublieatiou, as required by the ])revious paragraph, should also be filed. If final proof is not made on that day or within 10 days thereafter, the ap})licant may lose his right to complete <>ntry of the land. Upon satisfactory show- ing, however, explaining the cause of his failm-e to make the proof as above rc^quired, and in the absence of advei-se claim, the Commis- sioner of the General Land Oilice may authorize him to readvertise 31692^—16^—2 10 REGULATIOXS U2fDEB TIMBER AND STONE LAW. and complete entry under his previous application, (See Form H, Appendix.) FINAL ENTRY. 27. Aftor an appraisement or reappraisement has been approved, the payments made, and satisfactory proof submitted in any case as required by these regulations, the register and receiver will, if no protest or contest is pending, allow a final entry. GENERAL PROVISIONS. CONTESTS AND PROTESTS. 28. Protest may be filed at any time before an entry is allowed, and contest may be filed at any time before patent issues, by any per- son who will furnish the register and receiver with a corroborated affidavit alleging facts sufficient to cause the cancellation of the entry, and will pay the cost of contest. FALSE SWEARING FORFEITURE. 29. If an applicant swear falsely in his application or sworn state- ment, he will be liable to indictment and punishment for perjury; and if he be guilty of false swearing or attempted fraud in connection with his efforts to obtain title, his application and entry will be dis- allowed and all moneys paid by him will be forfeited to the Govern- ment, and his rights under the timber and stone acts will be ex- hausted. EFFECT OF APPLICATION TO PURCHASE. 30. After an application has leen presented hereunder no other person will be permitted to file on the land embraced therein under an}^ public-land law until such application shall have been finally disposed of adverse to the applicant. 31. Lands appraised or reappraised hereunder, but not sold, may, upon the final disallowance of the application, be enterea by any qualified person, under the provisions of the timber and stone laws, at its appraised or reappraised value, if subject thereto. 32. Lands applied for hut not appraised and noc entered under these regulations -may, when the rights of the applicant are finally terminated, be disposed of as though such application had not been filed. 33. Any lands which have not heen reappraised may be reappraised upon the request of an applicant therefor under these regulations who complies with the requirements of section 21 hereof. 34. An applicant securing a reappraisement under these regula- tions shall acquire thereby no right or privilege except that of pur- BEGULATIONS UNDER TIMBER AND STONE LAW. H chasiiit; the lands at tlu-ir reappraised value, if he is qualified, and if the huids ari" subject to sale under liis application; and he must otherwise comply with these regulations, but shall not, in any event, be ent itled to the return of any money deposited by him and expended in such I'eappraisement. 35. Tlie Corrtmissioner of the General Land Office may at any time direct the reappraisemcnt of any tract or tracts of public lands, when, in his opinion, the conditions warrant such action. 36. Unsatisfied military bounty land warrants under any act of Congress and unsatisfied indemnity certificates of location under the act of Congress approved June 2, 1858, properly assigned to the applicant, shall be receivable as cash in payment or part payment for lands purchased hereunder at the rate of $1.25 per acre. 37. These regulations shall be effective on and after December 1, 1908, but all applications to purchase legally pending on November 30, 1908, may be completed by compliance with the regulations in force at the time such applications were filed. 38. The forms mentioned hereui and included in the appendix hereto shall be a part of these regulations. ENTRY OF STONE LANDS. 39. The foregoing regulations apply to entries of lands chiefly valuable for stone, and the forms herein prescribed can be modified in such maimer as may be necessary to the making of entries of stone lands. FORMER REGin.ATIONS REVOKED. 40. ^Vll former regulations, decisions, and practices in conflict with these legulations are hereby revoked. Revised January 2, 1914. Very respectfully, Clay Tallmax, Commissioner, Revision a])j)roved January 2, 1914: Andrieus a. Jones, First Assistant Secretary. APPENDIX. Acts relating to Timber and Stone Entries. AN ACT For the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That surveyed piil)lic lands of tlie United States within the States of Cahfornia, Oregon, and Nevada, and m Washington Territory, not inchided within military, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at pubHc sale, according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in cpian- tities not exceedmg one hundred and sixty acres to any one person or association of persons, at the muiinium price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as thnber lands: Provided, That nothing herein con- tained shall defeat or impair any bona fide claim under any law of the United States, or authorize the sale of any minhig claim, or the improvements of any bona fide settler, or lands contammg gold, silver, cmnabar, co])per, or coal, or lands selected by the said States under any law of the United States donatmg lands for internal improvements, education, or other purposes: And provided further, That none of the rights confeiTed by the act approved July twentj'-sLxth, eighteen hundred and sixty-six, entitled "iVn act grantmg the right of way to ditch and canal owners over the public lands, ancl for other purposes," shall be abrogated by this act; and all patents granted shall be sub- ject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act ; and such rights shall be expressly reserved in any patent issued under this act. Sec. 2. That any person deskmg to avail himself of the provisions of this act shall file with the register of the proper district a written statement in duT)licate, one of which is to be transmitted to the General Land Oflice, designating by legal subdivisions the particular tract of land he deskes to purchase, settmg forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mmhig or other improvements, except for ditch or canal pur|)oses, where any such do exist, save such as were made by or belonged to the apphcant, nor, as deponent verily beheves, any valuable deposit of gold, silver, cmnabar, copper, or coal; that cleponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or mdu-ectly, made any agreement or con- tract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the apphcant before the register or the receiver of the land office 12 REGULATIONS UNDER TIMBER AND STONE LAW. 13 within the district wlicrc the hmd Is situated; and if any person takiiii; siK-li oath sliall swear falsely in the ])reniLses, ho shall be sub- ject to all the paius and })eualties of perjury, and shall forfeit the money which he may have ])aid for said lands, and all ner lands in the States of California, Oregon. Xevaila. and Washhigton Territory.'' approved June thkd, eighteen humh-ed and seventy-eight, be, and the 14 EEGULATIONS UNDER TIMBER AND STONE LAW. same is hereby, amended by striking out the words "States of Cali- fornia. Oregon, Nevada, and Washington Territory," where the same occur in the second and thuxl lines of said act, and insert in lieu thereof the words "])ubhc-land States," the purpose of this act bemg to make said act of June third, eighteen hundi'ed and seventy-eight, apphcable to all the pubHc-land States. Sec. 3. That nothmg m this act shall be construed to repeal section twenty-four of the act entitled ''An act to repeal timber-culture laws, and for other purposes," approved March thhd, eighteen hundred and ninety-one. Approved, August 4, 1892. (27 Stat., 348.) AN ACT To provide for the location and satisfaction of outstanding military bounty land warrants and certificates of location under section three of the act approved. June second, eighteen hundred and fifty-eight. Be it enacted by the Senate and House of Mepresentatives of the United States of America in Congress assembled, That in addition to the benefits now given thereto b}'- law, all unsatisfied military bounty land warrants under any act of Congress, and unsatisfied indemnity certificates of location under the act of Congress approved June second, eighteen hmidred and fifty-eight, whether heretofore or hereafter issued, shall be receivable at the rate of $1.25 per acre in payment or part pa^aiient for any lands entered under the desert -land law of ]\Iarch tliird, eighteen hundred and eighty- [seventy-] seven, entitled "An act to provide for the sale of desert lands in certain States and Territories," and the amendments thereto, the timber- culture law of ^larch third, eighteen hundred and seventy-tliree, entitled "An act to encourage the growth of timber on the Western prairies," and the amendments thereto; the timber and stone law of June tliird, eighteen hundred and seventy-eight, entitled "An act for the sale of timber lands in the States of California, Oregon, Ne- braska, and Wasliington Territory," and the amendments thereto, or for lands which may be sold at public auction, except such lands as shall have been, purchased from any Indian tribe within ten years last past. Approved, December 13, 1894. (28 Stat., 594.) AN ACT To abolish the distinction between offered and unoffcred lands, and for other purposes. Be it enacted hy the Senate, and House of Representatives of the United States of America in Congress assembled, That in cases arising from and after the passage of this act the distinction noAv obtaining in the statutes between offered and unoffered lands shall no h)nger be mado in passing upon subsisting preemption claims, in disposing of the pubhc lands under the homestead laws, and under the timber and stone law of June third, eighteen hundred and seventy-eight, as extended by the act of August fourth, eighteen hundred and nmety- two, but in all such cases hereafter arising the land in (question shall be treated as unoffered, without regard to whether it may have actually been at some time offered or not. ^tf ^t* %^ ^f *^ *^ *^ Approved, May 18, 1898. (30 Stat., 418.) REGULATIONS UNDER TIMliER ANb SXONfc LAW. 16 AN ACT To aiiK'nd tli«; act of ( "onf^ress of March eleventh, uiuetccn liuudrod and two, relating to homesteads. Be it enacted by the Senate and House of Representatives oftJie United States of America in Congress assembled, That an act entitled "An act to amend section twenty-two hundred and ninety-four of the Kevised Statutes of the United States." approved March eleventh, nineteen hundred and two, be, and the same is hereby, amended to read as follows: "That section twenty-two hundred and ninety-four of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows: " 'Sec. 2294. That hereafter all proofs, affida\its, and oaths of any Idnd whatsoever requu'ed to be made by applicants and entr}nnt'n under the homestead, preemption, limber-culture, desert -land, and tind)er and stone acts, may, m addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising Federal juiisdiction in the Territory, or i)eforo the judge or clerk of any court of record hi the comity, parish, or land district in which the lands are situated: Provided, That in case the affidavits, proofs, and oaths herembefore mentioned be taken out of the county in which the land is located the applicant must show by affiilavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts hi which the lands appUed for are located; but sucli showhig by affidavit need not be made in making ffiial proof if the proof be taken in the to\\Ti or city where the newspaper is published in which the final proof-notice is printed. The proof, affidavit, and oath, when so made and duly subscribed, or which may have heretofore been so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them %vith the fees and commissions allowed and required by law. That if any witness making such proof, or any applicant making such affidavit or oath, shall knoA\*ingly, willfully, or corruptly swear falsely to any material matter contained in said proofs, affichivits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiver, shall be as follows: " 'For each affithivit, 25 cents. " 'For each deposition of claimant or witness, when not prepared by the officer, 25 cents. " 'For each deposition of claimant or witness, prepared by the officer, $1. . " 'Any officer demanding or receivmg a greater sum for such serWce shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not exceeding SIOO.'" Approved, March 4, 1904. (33 Stat., 59.) 16 REGULATIONS UNDER TIMBER AND STONE LAW. AN ACT Making approjtriatioiifi for sundry civil expenses ol' the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, 'fi *|5 Jj» 3J« 3j» 3j5 S|C No person wlio shall, aftor the passage of tliis act, ontor upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate, under all of said laws, but this limitation shall not operate to curtail the right of any person who has heretofore made entry or settlement on the pubhc lands, or whose occupation, entry, or settlement is vali- dated by this act: Provided, That in all patents for lands hereafter taken up under any of the land laws of the United States or on entries or claims vaUdated by this act, west of the one hundredth meridian, it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or canals constructed by the authority of the United States. Approved, August 30, 1890. (26 Stat., 391.) AN ACT To repeal the timber-culture laws, and for other purposes. Be' it enacted hy , the Senxite and House of Representatives of the United States of America in Congress assemhled, H= * Hs sj; ^ :(: ^ Sec. 17. That reservoir sites located or selected and to be located and selected under the provisions of ''An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eight3'-mne, and for other purposes," and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs, excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs; and that the pro^^sions of "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June tliirtieth, eighteen hundred and ninet3'-one, and for other purposes," which reads as follows, viz: "No person who shall after the passage^ of this act enter upon any of the pidjlic lands wdth a view to occupation, entry, or settle-ment under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agri- cultural lands, and not include lands entered or sought to be entered under mineral-land laws. Approved, March 3, 1891. (26 Stat., 1095.) The 320-acre limitation provided by the above acts of August 30, 1890 (26 Stat., 391), and March 3, 1891 (26 Stat., 1095), applies to timber and stone entries. (33 L. D., 539, 005.) REGULATIONS UNDEK TIMBER AND STONE LAW. 17 I Form A.] Application and Sworn Statement. [To BE Made in Duplicate.] Act June 3, 1878, and Acts Amendatory. departmental regulations approved november 30, 1908. United States Land Office, .'19— . I, , hereby make application to purchase the quarter of section , in township and range , in the State of , and the timber thereon, a^ such vahie as may be fixed by appraisement, made under the authority of the Secretary of the Interior, under the act of June 3, 1878, commonly known as the "Timber and stone law," and acts amendatory thereof, and in support of tliis appUcation I solemnly swear: That I am a native (or naturaUzed) citizen of the United States (or have declared my intention to become a citizen); that I am years of age, and by occupation ; that I did on , 19 — , examine said land, and from my personal knowledge state that said land is unfit for cultivation and is valuable chiefiy for its timber, and that to my best knowledge and belief, based upon said examination, the land is worth dollars, and the timber thereon, which I estimate to be feet, board measure, is worth ■ — dollars, making a total value for the land and timber of dollars and no more; that the land is uninhabited; that it contains no mining or other improvements, nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper or coal, or other minerals, salt springs or deposits of salt; that I have made no othi>r appUcation under said acts; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use and benefit; that I have not, directly or indirectly, made any agreement or contract, in any way or maimer, with any person or persons whomsoever, by which the title I may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except myseLf; that since August 30, 1890, I have not entered and acquii-ed title to, nor am I now- claiming, under an entry made under any of the nonmineral ])ubUc land laws, an amount of land which, together with the land now appH(>d for, will exceed in the aggregate 320 acres; that I am not a member of any association, or a stockholder in any corporation which has filed an application and sworn statement under said act; and that my post-oflice adch-ess is —, at which place any notice affecting my rights under this application may be sent. 1 request tliat notice t)e furnished me for publication in the newspaper, published at . (SiRii here, witli full Christian name.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before aifiant afiixetl signature thereto; that 18 REGULATIONS UNDER TIMBER AND STONE LAW. affiant is to me pei-sonally kllo^^^l, or has been satisfactorily identified before me by (give full name and post-office address) ; that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office in • (town), (county and State), within the land district, tliis dav of , 19 — . (Official designation of officer.) In case the applicant has been naturalized or has declared his in- tention to become a citizen, a certified copy of his certificate of nat- uralization or declaration of intention, as the case may be, must be furnished. If the residence is in a city, the street and number must be given. The newspaper designated must be one of general circulation, pub- lished nearest the land. [Form. B.] Designation of Appraiser. DEPARTMENTAL REGULATIONS APPROVED NOVEMBER 30, 1908. — , 19- Sir: You are designated to appraise the quarter of section , to"s\Tiship , and range , which em- braces a total of acres. This land has been applied for by , of , , under the timber and stone law. If you accept this designation, it will be your duty to personally visit and carefully exanune each and every legal subdivision of the land, and the timber thereon, and to make a return through this office of the approximate quantity, quaHty, and the stumpage cash value of the various kinds of timber, the cash value of the land, and the total value of the land and timber. The total appraisement of the land and timber, however, must not amount to less than two dollars and fifty cents per acre for each acre appraised. Each legal subdivision must be separately appraised, or your return must show specifically that the appraisement appUes to each legal subdivision. Please inform me as soon as possible, and not later than , 19 — , whether you will be able to do the work, and also advise me the approximate date the appraisal will be completed. Very respectfully. Chief of Field Division, General Land Office. REGULATIONS UNDER TIMBER AND STONE LAW. 19 [Form C.l Appraisal, Timber and Stone Lands. Act of March 3, 1878, and Acts Amendatory. DEPARTMENTAL REGULATIONS APPROVED NOVEMBER 30, 1908. Lot or quarter- quarter. Kind of I Quality timber, of timber. Board feet per tract. Stumpage value per M. Character of soil. Value of Total value [ Value of land ex- | of land and j laml and elusive of limtjer per timl)Cr per timber. | e-re. i tract. (wagon haul, flume, rivt;r driving, Logging: Timber must be logged by or railroad). Distance logs ov lumber are to be transported to market, miles. Approximate cost per M for transportation of logs or lumber to market, dollars. Accessible? (yes or no). Manu- facturing possible on the ground? (yes or no). Will there be improvement in logging facilities in the vicinity? (yes or no). WDJ the demand for timber products be likely to increase in the neighborhood in the near future? (yes or no). Nearest available c^uotations on stumpage for the species estimated -, 19—. STATEMENT BY APPRAISER. I have carefully exammed each and every legal subdivision of the quarter of section , toAvnship , ran^e , and the timber thereon, and the estimates includetl in the above table and the foregoing statement were based on personal examination. I did not fbid any mdication that the land or any part thereof contains any valuable mineral or coal deposits, and found no improvements or other evidence that ajiy claim is being asserted under any of the public-land laws. I recommend that the applicatiim to purchase receive favorable action. Appra iser. ACTION ON APPRAISEMENT. I have carefully examined the within appraisement and find no reason to believe that it is improperly made. It is therefore, accordingly, approved. Chief of Field Di vis-ion. Note. — The approval of the appraisal by the chief of iiekl division is final, and no action is required thereon by the register and receiver, except to note the appraised price on then r'^n protest against such appraisement, setting forth clearly and specifically your objec- REGULATIONS UNDER TIMBER AND STONE LAW. 21 tioii thereto, wlucli protest must bo sworn to 1)V you, uiid corroborated by two competent, credible, and disuiterestecf persons. The protest, if filed, must be accompanied by your application requesting that the land be rea|)praised at your expense, and you must deposit with the r(H'.eiv(>r the sum of dollars, to be ex])ended therefor, and you must uidicatc your consent that the amount so deposited maybe expended for the reappraisement, without any claim on your part that a]iy portion thereof, so expejided, shall be returned or refunded to you. If a reappraisement is made under your application, ycu will secure no rij^ht or privilejje, except that of purchasinf^ the lands at their reap])raised value, if they are subject to sale and you are properly qualified. Very respectfully, , Register. , Receiver. [Forra E.] Reappraisement. Form C may be modified so as to show that the action taken is a reappraisement instead of an original appraisement. The return of the appraising officer and indorsements by the chief of field divi.siou and the register and receiver must show that the action taken is a reai)])raisement, and it must l)e approved conjointly by the chief of field division and the register and receiver. [Form F.] Notice of Reappraisement. DEPARTMENTAL JtEGULATIONS APPROVED NOVEMBER 30, 1908. United States Land Office, Sir: You are advised that, pursuant to your application, the ; — quarter of section , towTiship , and range , and the tim- ber thereon, embraced iu your timber and stone sworn statement, No. — , have been rea]ipraised, and tlie price fixed at doUars, which amount you must deposit with the receiver of this office within thirty days from service of notice hereof, or your applicatioTi will l>e fmally disallowed witliout further notice. Very respectfully. , Regitter. , Receiver. 22 REGULATIONS UKDER TIMBER AND STONE LAW. [Form G.] Notice of Application to Purchase Under Timber and Stone Laws. DEPARTMENTAL REGULATIONS APPROVED NOVEMBER HO, 1908. United States Land Office, , 19—. Xotico is hereby given that , whose post-office address is , did on the day of , 19 — , file in tliis office his sworn statement and application Xo. — to purchase the quarter of section , toA^nisliip , range , M., and the timber thereon, under the provisions of the act of June 3, 1878, and acts amendatory, known as the "Timber and stone law," at such value as might be fixed by appraisement, and that, pursuant to such application, the land and timber thereon have been appraised, the timber estimated board feet, at $ per M, and the land S , or combined value of the land and timber at $ ; that said applicant ^^dll offer final proof in support of his application and swoiTi statement on the day of , 19—, before ■ , at . Any pei-son is at fiberty to protest this purchase before entry, or initiate a contest at any time before patent issues, by filing a corroborated affidavit in this office, alleging facts which would defeat the entry. , Register. Where notice is issued under section 19, the register will mocUfy the blank so as to show the valuation placed on the land and the timber thereon was that made by the apphcant when he filed his sworn state- ment, instead of being fixed by appraisement. [Form H.] Timber or Stone Entry. (4— 370a.) (Departmental regulations approved by the Secretary of the Interior, November 30, 1908.) U. S. Land Office, , , No. Receipt No. FINAL proof. I hereby solemnly swear that I am the identical who presented sworn statement and appfication, No. , for , section , township , range , meridian; that the land is valuable chiefly for its timber, and is, in its present condition, unfit for cultivation; that it is unoccupied and without improvements of any character, except for ditch or canal purposes, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, coal, salines, or salt springs. 1 (Sign here, with full Christian name.) (Post-office address.) EEGULATIONS UNDER TIMBER AND STONE LAW. 23 I hereby certily that the foregoing affidavit was read to or by affiant in my presence before afliant affixed signature thereto; that affiant is to me pei-sonally fcnowm, or has been satisfactorily ittentified before me by ; that I verily believe affiant to be a quali- (Givo full name and post-office address.) fied applicant and the identical person hereinbefore described, and tliat said affidavit was duly subscribed and sworn to before me, at my office, in , , witliin the land district, tliis (Town.) (County and State.) day of , 19 — . (Official designation of officer.) Tliis form of proof can be accepted only where the land embraced in tfie application to purcliase has }3een appraised or reappraised pur- suant to the provisions of the Timber and Stone Regulations approved November 30, 1908, by the Secretary of the Interior. Proof supporting applications to purchase under section 19 of the said regulations or under applications pending November 30, 190S, nuist be made by the apphcant and two v.itnesses, as required by the regulations in force prior to December 1, 1908. (See Forms 4 — 370 and 4—371.) O .^c A.HeR.. Armi ^^36,