[Reported, 47 L. D. 418]

CIRCULAR No. 709

OREGON AND CALIFORNIA LANDS-SALE OF ISOLATED TRACTS

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., July 7, 1920.

To the District Land Officers at Vancouver, Wash.; Portland, Roseburg, and Lakeview, Oreg.

GENTLEMEN: Your attention is called to the act of Congress approved May 25, 1920 (41 Stat. 622), to authorize the Secretary of the Interior to dispose, at public sale, of certain isolated and fractional tracts of land formerly embraced in the grant to the Oregon & California Railroad Co., which reads as follows:

That the provisions of section 2455, Revised Statutes, be, and the same are hereby, extended to class three of the lands formerly embraced by what are known as the Oregon and California Railroad grants, title to which was revested in the United States under the provisions of the act approved June 9, 1916 (Thirty-ninth Statutes at Large, p. 218): Provided, That no sales hereunder shall be made for less than $2.50 per acre, and the appraised value of the timber on the land, nor until such lands shall have been subject to homestead entry for a period of two years: Provided further, That the proceeds of such sales shall be applied in the manner prescribed in said act of June 9, 1916 (Thirty-ninth Statutes at Large, p. 218).

The provisions of section 2455, Revised Statutes, thus extended to these lands, are those found in said section at the date of this act, which include the amendment of March 28, 1912 (37 Stat. 77), authorizing the sale of "rough and mountainous" tracts under certain conditions. Circular No. 684, dated April 16, 1920," which contains the latest regulations issued under said section as thus amended, will, therefore, be your guide in the administration of this act, in so far as applicable thereto.

The special provisions of the present act, which you must carefully observe and which are not found in said Circular No. 684, are as follows:

(1) The act applies only to lands formerly embraced in the Oregon & California Railroad grant that were revested in the United States by the act of June 9, 1916 (39 Stat. 218), that have been classified as agricultural, and restored to entry.

(2) No sale shall be made for less than $2.50 per acre, and the appraised value of the timber on the land, nor until such land shall have been subject to homestead entry for a period of two years immediately preceding the application for sale.

(3) The proceeds of the sale shall be deposited in the Treasury of the United States to the credit of the Oregon and California Land Grant Fund.

Very respectfully,

Approved July 7, 1920.

CLAY TALLMAN, Commissioner.

S. G. HOPKINS, Acting Secretary.

Circular No. 684 dated Apr. 16, 1920, has been superseded by Circular No. 684 dated Apr. 7, 1928, p. 742.

[Reported, 51 L. D. 631, as Circular No. 892]

CIRCULAR No. 1103 2

REGULATIONS GOVERNING RESTORATION OF A PORTION OF THE LANDS TITLE TO WHICH WAS REVESTED IN THE UNITED STATES BY THE ACTS APPROVED JUNE 9, 1916 (39 STAT. 218), AND FEBRUARY 26, 1919 (40 STAT. 1179)

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, December 10, 1926.

The Superintendent of Opening and Sale Oregon & California Railroad and Coos Bay Wagon Road grant lands:

SIR: The act approved June 9, 1916 (39 Stat. 218), revested in the United States the title to what are known as the Oregon & California Railroad grant lands; required that such lands, after examination in the field, be classified as class 1, power-site lands; class 2, timber lands; class 3, agricultural lands; provided for the reservation, subject to additional legislation, of lands of class 1; extended preference rights of entry to qualified persons who since December 1, 1913, resided on lands of classes 2 and 3, under the conditions therein prescribed; and authorized the restoration under the general provisions of the homestead laws as modified by said act of lands of class 3 and also lands of class 2, after the Secretary of the Interior has determined and announced that the merchantable timber thereon has been removed. The lands commonly known as the Coos Bay Wagon Road grant, situated in the counties of Coos and Douglas, in the State of Oregon, have been reconveyed to the United States under the provisions of the act of February 26, 1919 (40 Stat. 1179), and are subject to disposition under the provisions of said act, section 3 of which requires that said lands shall be classified and disposed of in the manner provided by the aforesaid act of June 9, 1916 (39 Stat. 218), and authorizes the purchase by lessees from the Southern Oregon Co. of lands classified as agricultural, not exceeding 160 acres to each person, under terms and conditions therein recited. The act regulating the disposition of lands formerly embraced within the grants to the Oregon & California Railroad Co. and Coos Bay Wagon Road Co., approved June 4, 1920 (41 Stat. 758), extends the preferred right of homestead entry under section 5 of the act of June 9. 1916, and the preference right of purchase or entry under section 3 of the act of February 26, 1919, to lands of class 1, withdrawn as power sites. House Joint Resolution 30, approved January 21, 1922 (42 Stat. 358), gives a preference right of homestead entry to officers, soldiers, sailors, and marines of the World War, upon the restoration to entry of public lands.

Section 4 of the act of June 9, 1916, supra, makes provision for the disposal of lands of class 2 in the manner provided for the disposal of lands of class 3, when the Secretary of the Interior has determined and announced that the merchantable timber thereon has been

This circular is the last one issued containing regulations governing the restoration to homestead entry of Oregon & California Railroad Grant and Coos Bay Wagon Road grant lands.

removed. Relinquishments having been filed by the purchasers of the timber on all such lands of cla: s 2, as are described in the attached list, of all rights under patents for such timber, it is hereby determined and announced, for the purposes mentioned in said section 4, that the merchantable timber thereon has been removed and all said lands accordingly now fall in class 3 and become subject to disposal in the manner herein provided for the disposal of lands of that class, with the exception that the payment of $2.50 per acre shall not be required from entryman upon lands from which the timber has been removed, hereinafter designated cut-over lands.

Pursuant to the authority of said acts, and the announcement made with reference to cut-over lands, it is directed that all such lands of class 3 described in the attached list, including cut-over lands, and all surveyed lands of any class, to which a preference right of homestead entry attached and is still existent, under the provisions of the said acts of June 9, 1916 (39 Stat. 218), February 26, 1919 (40 Stat. 1179), or June 4, 1920 (41 Stat. 758), whether included in such list or otherwise, situated in the Portland and Roseburg, Oreg., land districts, be restored to entry and settlement under the general provisions of the homestead laws as modified by said acts, and subject to the preference rights conferred upon officers, soldiers, sailors, and marines by H. J. Res. 30, approved January 21, 1922 (42 Stat. 358), in the manner hereinafter indicated and not otherwise. If the settlers on lands of class 2 shall not avail themselves of the preferences to which they are entitled, the lands affected thereby shall not be otherwise subject to disposition hereunder. It is further directed, in conformity with the acts approved February 26, 1919 (40 Stat. 1179), and June 4, 1920 (41 Stat. 758), that lands classified as agricultural or as valuable for power sites, within the limits of the Coos Bay wagon road grant, be subject to purchase by persons who, being citizens of the United States, continuously leased such lands from the Southern Oregon Co. for a period of not less than 10 years prior to February 26, 1919, or who under lease from said company cultivated and placed valuable improvements upon any of said lands,

SECTION 1. EXPLANATION OF WORDS AND TERMS USED HEREIN.To avoid repetition, and for a full understanding thereof, the following words and terms, as hereinafter employed, unless otherwise indicated by the context, shall be construed to mean:

"General law": Section 2289, Revised Statutes, as amended and as modified by the act of June 9, 1916 (39 Stat. 218).

"The proviso": The proviso to section 5 of the act of June 9, 1916 (39 Stat. 218), as amended and extended by the acts of February 26, 1919 (40 Stat. 1179), and June 4, 1920 (41 Stat. 758), conferring preference rights to make homestead entries, under the conditions and limitations therein provided, upon qualified persons who since December 1, 1913, resided on revested Oregon & California Railroad and Coos Bay Wagon Road lands.

"H. J. R. 30": House Joint Resolution No. 30, approved January 21, 1922 (42 Stat. 358), giving to discharge soldiers, sailors, and marines a preferred right of entry.

"Application": A homestead application under section 2289, Revised Statutes, as amended, modified, and extended by the acts approved June 9, 1916 (39 Stat. 218), February 26, 1919 (40 Stat.

1179), and June 4, 1920 (41 Stat. 758), on the usual form, and accompanied by all payments required; whether under the general law, the proviso, or H. J. R. 30, there must be included therein or be attached thereto a sworn statement executed before an officer authorized to administer oaths in such cases, setting forth all the facts essential to the allowance of such application.

"Declaratory statement": A declaration under oath, accompanied by the proper payments, by a person entitled to exercise the right, that he intends to enter the described tract of land under the provisions of the homestead laws. Under sections 2304, 2307, and 2309, Revised Statutes, as amended, an officer, soldier, sailor, seaman, or marine, who served for not less than 90 days in the United States Army or Navy during the Civil War, the Spanish-American War, or the Philippine insurrection, and who was honorably discharged, and if he be dead, his widow if unmarried, and in case of her death or remarriage, his minor orphan children, by guardian duly appointed, may file such a declaratory statement, either in person or by agent, and under the provisions of the act of February 25, 1919 (40 Stat. 1161), the officers, soldiers, and nurses of the Army, and sailors, seamen, marines, nurses, and officers of the Navy and Marine Corps of the United States, who served for more than 90 days in the Army or Navy in connection with the Mexican border operations, or during the war with Germany and its allies, may file such declaratory statements in persons, but not by agent. Particular attention is directed to the fact that the preference rights conferred by the proviso and by H. J. R. 30 can not be supported by declaratory statements, but must be protected or exercised through homestead applications. Such declaratory statements should, therefore, not be filed until the land becomes subject to disposition under the general law.

The words "officers, soldiers, sailors, and marines," as employed in H. J. R. 30, are generic terms, and embrace privates, seamen, nurses, and all other persons, male or female, who by enlistment or otherwise were regularly enrolled in the Army, Navy, or Marine Corps of the United States, and who could not voluntarily terminate such service, but does not include civilian employees, or officers, nurses, or members of other organizations not so enrolled in the Army or Navy.

"Cut-over lands": Lands in connection with which it has been determined and announced that the merchantable timber has been removed, formerly class 2 lands, now subject to entry as agricultural lands in class 3. No charge as purchase price is made for lands designated cut-over lands.

SEC. 2. PAYMENTS REQUIRED WITH ALL CLASSES OF APPLICATIONS AND DECLARATORY STATEMENTS. (a) Applications.-A fee of $5, if the area be less than 81 acres, and $10, if 81 acres or more; commissions at the rate of 3 per cent on lands at $2.50 per acre or a flat rate of 72 cents per acre, together with a payment of 50 cents per acre for the area embraced in the application as first installment of the purchase price of the land; commissions at the rate of 3 per cent on a basis of $1.25 per acre on cut-over lands or a flat rate of 334 cents per acre, no payment as purchase price being necessary.

(b) Declaratory statements.-There must accompany a declaratory statement, which may be filed after the land becomes subject to disposition under the general law, a filing fee of $3, together with a

payment of 50 cents per acre for the area included in such statement as first installment of the purchase price as to lands sold at $2.50 per acre and a similar fee of $3 as to cut-over lands, no payment as purchase price being necessary. If an entry, embracing either lands sold at $2.50 per acre or cut-over lands, is made pursuant to such statement, the fees and commissions required with other applications must be paid as mentioned in (a) section 2, and the moneys deposited as first installment of the purchase price with the declaratory statement embracing lands sold at $2.50 per acre will be applied.

SEC. 3. EXECUTION AND PRESENTATION OF APPLICATIONS AND DECLARATORY STATEMENTS.-(a) Applications must be sworn to by the applicant before the register or acting register of the United States land office for the district in which the land is situated, or before a United States commissioner, a notary public, a judge or clerk or prothonotary of a court of record, or the deputy of such clerk or prothonotary, or before any magistrate, authorized by the laws of or pertaining to the State of Oregon, to administer oaths in the county or land district in which the land lies, or if, because of geographic or topographic conditions, there is a qualified officer nearer or more accessible to the land involved, but outside the county and land district, the affidavit may be taken before such officer. After an application has been so executed it may be presented to the register or acting register of the proper land office in person, by mail, or otherwise. No person shall have pending more than one application.

(b) Declaratory statements filed in person must be executed before one of the officers and may be filed in the manner indicated for the execution and filing of applications. Where filed by an agent a soldier may execute the power of attorney before any officer of the United States having a seal and authority to administer oaths, but the agent's affidavit must be executed before one of the foregoing officers.

SEC. 4. PREFERENCE RIGHTS UNDER THE PROVISO.-(a) Filing application. An application for a preference right of homestead entry under the proviso for either revested Oregon & California railroad lands or Coos Bay wagon road grant lands must be filed at the land office in which the land is situated, on or after 9 o'clock a. m., standard time, February 23, and prior to 4.30 p. m., standard time, March 14, 1927, and unless so filed all rights under the proviso will be forfeited.

(b) Showing required. The prior exercise of the homestead right by any such applicant will be no bar to entry, but with this exception such person must make the same showing required of other applicants under the general law. A person entitled to a preference right under the proviso may enter lands of any class, but entries for lands of class 1 shall be subject to the provisions of section 2 of the act of June 4, 1920 (41 Stat. 758). The exercise of the right in any case is limited to the quarter section upon which such person has resided. He can not, therefore, embrace in his application lands of more than one quarter section. If the quarter section upon which he has resided contains no more than 1,200,000 feet, board measure, of timber he must enter the entire quarter section. He can not select therefrom the desirable subdivisions and leave unentered any portion thereof. If such quarter section contains more than 1,200,000 feet, board measure, of timber, the right is limited to the tract or lot or