suspension the lands described in the application shall not be disposed of.

When an application is received by the assistant chief inspector, he will cause an investigation and appraisement of the land to be made in accordance with the provisions of the act. The inspector making the investigation and appraisement will make a report as to the development or improvement of the land for agricultural purposes, and as to the evidence obtained as to whether or not the lands are of a class contemplated by the act, recommending the allowance or rejection of the application, which report will be returned to this office through the assistant chief inspector.

If upon consideration of the application in this office, with report and appraisement, it shall be determined that the applicant is entitled to purchase the lands applied for, this office will notify the applicant at once, by registered mail, that he must within 30 days from service of notice deposit with the receiving clerk of this office the appraised price, or thereafter and without further notice forfeit all rights under his application.

Upon payment of the appraised price of the land this office will issue notice for publication. Such notice shall be published at the expense of the applicant in a newspaper of general circulation, designated by the commissioner of this office, in the vicinity of the lands, once a week for five consecutive weeks (or 30 consecutive days if in a daily paper) immediately prior to the date of sale, but a sufficient time shall elapse between the date of last publication and date of sale to enable the affidavit of the publisher of be filed in this office. The notice will advise all persons claiming adversely to the applicant that they should file any objection or protests to the allowance of the application within the period of publication, otherwise the application may be allowed. Any objection or protest must be under oath, corroborated, and a copy thereof served upon the applicant. The commissioner of this office will cause a notice similar to the notice of publication to be posted in this office, such notice to remain posted during the entire period of publication. The publisher of the newspaper must file in this office. prior to the date fixed for the sale, evidence that publication has been had for the required period, which evidence must consist of the affidavit of the publisher, accompanied by a copy of the notice published.

Upon submission of satisfactory proof, if no protest or contest is pending, final certificate will issue.

Very respectfully,

Approved April 7, 1925.

• See Instructions of Oct. 19, 1929, p 1149.

WILLIAM SPRY, Commissioner.

E. C. FINNEY,

First Assistant Secretary.

The act of March 3, 1909 (35 Stat. 844), is for the protection of surface rights of nonmineral entrymen where the lands were subsequently classified, claimed, or reported as being valuable for coal, and the act of June 22, 1910 (36 Stat. 583), provides for the allowance of certain nonmineral entries for land having been withdrawn or classified as coal lands. These acts have separated the surface from the coal deposits for the purpose of allowance of certain nonmineral entries, and it is not believed that the act of June 25, 1910, under consideration, was intended to repeal said acts. Therefore, where applications are presented to make final proof on nonmineral entries made prior to withdrawal, for the purposes of classifying the coal deposits, the disposition of such applications should be made with especial reference to the provisions of the act of March 3, 1909, supra, and as to such lands certain nonmineral entries may be allowed, as provided for by the act of June 22, 1910, supra, notwithstanding their withdrawal under act of June 25, 1910.

Mineral applications for mining claims perfected upon oil, gas, or phosphate lands prior to withdrawal, or for such claims upon lands chiefly valuable for other minerals, whether perfected before or after withdrawal, or for claims of the latter class within powersite withdrawals, and applications to submit final proof upon homestead, desert-land, and settlement claims initiated prior to a withdrawal, will be referred to the chief of field division, with the appropriate notation of the character of the withdrawal involved, in accordance with the practice under paragraphs 5 et seq. of the cir cular of April 24, 1907 (35 L. D. 681), for field examination and full report of all facts touching the character of the land and affecting the validity of the location, claim, or entry, as the case may be, including the possibility of water-power development, if any.

In the administration of the act hereunder, you will also be gov erned by the circular approved January 27, 1911, relative to cooperation between the Geological Survey and the General Land Office.

It is believed that the foregoing will enable you to properly advise the local officers in all matters necessary to put this act into operation; and where an application is received not specifically provided for herein, you will act upon the same, affording aggrieved parties the usual right of appeal.

Very respectfully,

R. A. BALLINGER, Secretary.

Registers and Receivers, United States Land Offices.

SIRS: Your attention is called to the act of Congress approved August 24, 1912 (37 Stat. L. 497), amending section 2 of the act of Congress approved June 25, 1910 (36 Stat. 847).

You will note that the provision of the said act of June 25, 1910, that all lands withdrawn under the provisions of that act shall, at all times, be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, "so far as the same apply to minerals other than coal, oil, gas, and phosphates." is changed by the amendment, so as to provide that such lands shall, at all times, be open to exploration, discovery, occupation, and purchase under the mining laws of the United States," so far as the same apply to metalliferous minerals." By the approval, on August 24, 1912, of the said act, all outstanding orders of withdrawal under the act of June 25, 1910, were modified to conform to the act approved June 25, 1910, as amended by the act of August 24, 1912; and, upon the approval of said last-named act, the lands embraced in such orders of withdrawal ceased to be and are not open to exploration, discovery, occupation, or purchase under the mining laws of the United States, except for metalliferous minerals.

These instructions are in addition and supplementary to instructions of March 6, 1911 (39 L. D. 544).

You will exercise care in the enforcement of this important modification of the withdrawal orders.

DEPARTMENT OF THE INTERIOR,
Washington, August 12, 1915.

Hereafter, upon receipt of the returns of a survey, the Commissioner of the General Land Office shall cause the tract books in his office to be examined and if it appears that any part of the area stands withdrawn in advance of survey upon any recommendation of any bureau of this or another department, he shall ascertain whether the lands so withdrawn are capable of adjustment by refer ence to the legal subdivisions shown upon the plats of survey and if so, upon acceptance of the survey, he will advise the proper local land officers of such adjustment, in order that notation thereof may be made upon their records.

If there is doubt as to the lands intended to be withdrawn, the Commissioner of the General Land Office shall at once notify the appropriate bureau, through the proper channel, with a request for description according to the survey of the area which should be held withdrawn and a draft of a new order to that effect. if found nece-sary, shall be submitted for the approval of the Secretary of the Interior. Upon such approval, proper notation shall be made upon the tract books of the General Land Office and the local land officers shall be duly informed, in order that proper notation may be made upon their records. Any withdrawal otherwise valid shall be valid