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Interior, and, if approved, a copy will be sent to the applicant through your office and a copy forwarded to the Department of Commerce.

6. The lessee shall, within six months from the date of the lease, equip the airport as required by the Secretary of Commerce, and file a report thereof in your office for forwarding to the General Land Office.

7. At any time during the term of the lease the Secretary of Commerce may have an inspection made of the airport, and if it does not comply with the ratings set by the Department of Commerce that fact, with a statement as to wherein it fails, will be referred to the General Land Office for appropriate action.

8. The Secretary of the Interior may, in his discretion, cancel a lease issued under this act for any of the following reasons: If the lessee fails to use the leased premises or any part thereof, or uses it or any part thereof for a purpose foreign to the proper use, or shall fail to pay the annual rental or any part thereof, or shall fail to maintain the premises according to the ratings set by the Department of Commerce, or shall fail to comply with these regulations or the terms of the lease.

9. Leases under this act shall be for a period not to exceed 20 years and may be renewed for like periods upon agreement of the Secretary of the Interior and the lessee.

10. Every lessee under this act shall pay to the lessor an annual rental of $10 per year. The first payment of $10 shall be made when the application is filed in your office. All subsequent payments shall be paid in advance on or before the anniversary date of the lease.

11. The lessee shall agree that all departments and agencies of the United States operating aircraft shall have free and unrestricted use of the airport and with the approval of the Secretary of the Interior, any departments or agencies shall have the right to erect and install therein such structures and improvements as are deemed advisable. Whenever the President may deem it necessary for military purposes, the Secretary of War may assume full control of the airports.

12. The lessee will submit to the Secretary of Commerce, for his approval, regulations to govern the use of the airport.

13. The lessor is authorized to cancel any lease for public lands for public aviation fields made under any law in force on the date of this act with the consent of the lessee and to lease such lands to the lessee under the conditions prescribed herein.

14. Government departments and agencies operating aircraft may be granted permission to establish beacon lights and other navigation facilities, except terminal airports, on tracts of unreserved and unappropriated public lands of the United States of appropriate size, on application therefor, under the same rules and regulations prescribed above, except no rental will be charged. They will be withdrawn by the Secretary of the Interior for that purpose on a sufficient showing of the necessity of a withdrawal for such purpose. However, to insure uniformity and centralized control over such facilities, all such applications will be referred to the Secretary of Commerce for consideration and comment.

15. While an application for a lease of not exceeding 640 acres of public lands for a public aviation field under sections 1, 2, and 3 of

the act will operate as a segregation of the lands described therein from the time such application is filed in the proper district land office, the Secretary of the Interior is given no authority to withdraw public lands for terminal airports. He may, however, withdraw such lands for beacon lights or other air navigation purposes, including emergency or intermediate landing fields between terminal airports. Such withdrawals may be made on his own motion or at the instance of the Department of Commerce or other Federal agencies, or lessees of terminal airports, or the applicants for such leases.

16. Prior to the approval of the act of May 24, 1928, public lands were subject to withdrawal by the President for public purposes, and the authority of the President to make such withdrawals is in no manner restricted by such act. Where, therefore, unappropriated public lands are desired by the Department of Commerce or other Federal agencies for airport terminals, requests for their withdrawal may be submitted to the Secretary of the Interior, for consideration by the President. All requests for withdrawal should specifically state whether the area is desired for beacon lights, emergency or intermediate landing fields, or terminal airports.

17. All the conditions contained in the prescribed form (4-455) of lease attached hereto, but not mentioned in these regulations, will be considered as a part hereof.

Very respectfully,

THOS. C. HAVELL, Acting Commissioner.

Approved August 22, 1928.

Roy O. WEST.

Secretary of the Interior. WILLIAM P. MACCRACKEN, Jr., Acting Secretary of Commerce.

(Form omitted.)

ALABAMA LANDS

[Reported, 1 L. D. 655, Rev. Ed.]

LANDS IN ALABAMA-COAL AND IRON

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., April 9, 1883.

GENTLEMEN: The act of March 3, 1883 (22 Stat. 487), enacts that all public lands within the State of Alabama, whether mineral or otherwise, shall be subject to disposal only as agricultural lands; provided, that all lands which have heretofore been reported as containing coal and iron shall first be offered at public sale, and, further, that any bona fide entry under the provisions of the homestead law of lands within said State heretofore made may be patented without reference to the act of May 10, 1872, in cases where the persons making application for such patents have in all other respects complied with the homestead law relating thereto.

In order to carry out the provisions of said act, it will be necessary to prepare a list of all public hands heretofore reported as mineral that have not been entered and have them offered by President's proclamation. In the meantime you will be careful not to allow an entry to be made for any lands lists of which were transmitted to your office October 23, 1879, nor of other tracts that have been since investigated and reported as valuable for minerals, a list of which I inclose herewith.

All existing bona fide entries, under the homestead laws, may be perfected regardless of the mineral character of the land, in accordance with rules and regulations governing the same.

Any contest pending before you where the only allegation is the mineral character of the land must be dismissed.

The law requires the offering to embrace all lands heretofore reported as containing coal or iron which remain undisposed of by entry or sale.

Entries, whether by cash or location, already allowed and reported to this office will be examined and disposed of upon their merits without reference to the question of mineral.

Very respectfully,

N. C. MCFARLAND, Commissioner.

TO DISTRICT LAND OFFICERS,
Montgomery and Huntsville, Ala.

Approved.

(Act and list of lands omitted.)

H. M. TELLER, Secretary.

[Reported, 41 L. D. 32]

CIRCULAR NO. 119

ALABAMA COAL LANDS-ACT OF APRIL 23, 1912-INSTRUCTIONS

DEPARTMENT OF THE INTERIOR,

REGISTER AND RECEIVER,

GENERAL LAND OFFICE,
Washington, May 24, 1912.

United States Land Office, Montgomery, Ala.

SIRS: The following instructions are furnished for your guidance in connection with the act of April 23, 1912 (37 Stat. 90), providing for homestead entry of withdrawn coal lands in Alabama, subject to the conditions of the act of June 22, 1910 (36 Stat. 583):

(1) The lands referred to in the act include all tracts which were prior to March 3, 1883, reported as containing valuable coal, and which were not under the provisions of the act of March 27, 1906 (34 Stat. 88), classified as agricultural in character.

(2) The circular of September 8, 1910 (39 L. D. 179), under the act of June 22, 1910, will govern proceedings with reference to these lands so far as applicable and except as herein modified.

(3) Prior to execution of a homestead application it must bear across its face the notation provided by paragraph 7 (a) of the circular of September 8, 1910. You are cautioned that this notation may not be placed by you upon the application after its execution and without applicant's consent. In the absence of the notation you will treat the application as incomplete, and will allow applicant the usual time to perfect same.

(4) A number of entries heretofore inadvertently allowed for coal lands have been suspended pending a possible offering of the various tracts involved under the provisions of the act of March 3, 1883 (22 Stat. 487). Under the proviso to section 1 of the act of June 22, 1910, these entries may be perfected, provided the claimants thereunder are willing to take patents containing the reservation as to the coal provided by paragraph 7 (b) of said circular.

You will, therefore, issue notice by registered letter to the claimants, advising them of the passage of the act of April 23, 1912, and of their rights to now obtain patents, limited as indicated, on condition that they furnish their written consent to receive such patents.

The widow, heirs, devisee, or transferee of a claimant under a final entry may execute the consent above called for, proper evidence being furnished of their rights in the premises. With reference to the entries on which proof has not been submitted, the consent may be executed by the person to whom the homestead right passes by law if the claimant himself is dead.

The instrument need not be acknowledged before an officer, but the claimant's signature should be witnessed by two persons.

You will in due time make report in each case separately, forwarding such papers as may be filed. If the consents are found to have been properly executed and no adverse claims appear, the cases on which final proof has been submitted will, if otherwise regular, be

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