Applications to select lands under this grant will be made by the proper selecting agent of the Territory and will be filed in the local land office of the district in which such selected lands are situated. Such selections must be made in accordance with the law, and with the regulations governing the selections of lands by States and Territories, approved June 23, 1910 (39 L. D. 39), as applying to "special grants" or "grants in quantity."

Each list of selections must contain a reference to this act under which the selections are made and must be accompanied by a certificate of the selecting agent showing the selections are made under and pursuant to the laws of the Territory of Alaska.

The selections in any one list should not exceed 6,400 acres. No more than one serial number must be given to any list of selections, notwithstanding it may contain more than one selection.

Each list must be accompanied by a certificate of the selecting agent showing that the selections therein and those pending, together with those approved, do not exceed the total amount granted for the purpose stated.

The nonmineral character of the land applied for must be shown by an affidavit of some responsible party, having and testifying to a personal knowledge of the land, based upon examination made not more than three months prior to the filing of the list, and shall apply to each smallest legal subdivision of land selected. This affidavit should also show that the land is not occupied by nor does it contain improvements placed thereon by any Indian.

Every application list must be accompanied by a duly corroborated affidavit making the following showing as to the lands sought to be selected:

(1) That no portion of the land is occupied or reserved for any purpose by the United States or occupied or claimed by natives of Alaska; that the land is unoccupied, unimproved, and unappropriated by any person claiming the same other than the applicant; that no part of the land is valuable for coal, oil, gas or other mineral deposits, and that at the date of the application no part of the land was claimed under the mining laws.

(2) That the land applied for does not extend more than 160 rods along the shore of any navigable water or that such restriction has been waived; and that it is not within a distance of 80 rods along any navigable or other waters from any location theretofore made with soldiers' additional rights, or as a trade and manufacturing site, homestead, Inian or Eskimo allotment or Territorial selection, or that it has been restored from reservation.

(3) All facts relative to medicinal or hot springs upon the land must be stated. The facts as to all waters upon the land other than springs and water holes, whether creek, pond, lagoon or lake, their source, depth, width, outlet and current (whether swift or sluggish), whether or not the same or any of them are navigable for skiffs, canoes, motor boats, launches or other small water craft, and whether or not the same or any of them constitute a passageway for salmon or other merchantable sea-going fish to spawning grounds. A copy hereof has been transmitted to the Governor of Alaska. Very respectfully,

Approved June 11, 1929.

C. C. MOORE, Commissioner.

JOHN H. EDWARDS,

Assistant Secretary.

EXECUTIVE ORDER

NENANA TOWN SITE, ALASKA

Under and pursuant to the provisions of the act of Congress ap proved March 12, 1914 (38 Stat. 305), it is ordered that Executive Order No. 3489, issued June 10, 1921, containing the Alaska Railroad town site regulations, is hereby amended to authorize the Secretary of the Interior to reappraise and sell the unimproved lots in Nenana town site, Alaska, belonging to the United States, and to readjust the assessments levied against them for the improvement of streets, sidewalks, and alleys, and for the promotion of sanitation and fire protection by the Alaska Railroad prior to August 31, 1921.

As to the lots within said town site which have been forfeited for failure to pay such assessments, upon which valuable improvements have been placed, the provisions of said order regarding the collection of the unpaid assessments remain effective.

This order shall continue in full force and effect unless and until revoked by the President or by act of Congress.

THE WHITE HOUSE,

June 12, 1929.

[No. 5136]

HERBERT HOOVER.

CIRCULAR No. 1198

REGULATIONS PERMITTING THE EXPORTATION OF TIMBER FROM ALASKA (CIRCULAR NO. 1092) AMENDED

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, August 5, 1929.

Circular No. 1092, approved August 27, 1926, containing the regu lations governing the exportation of timber from Alaska under the act of April 12, 1926 (44 Stat. 242), is hereby amended as follows:

(2) Sales of timber suitable for manufacturing purposes are hereby authorized in quantities, if found available, sufficient to supply a mill or proposed mill for a period of as much as twenty years, when it is satisfactorily shown that the purchaser in good faith intends to develop an enterprise for the cutting of this class of timber for export from Alaska and the sale does not endanger the supply of such timber for local use. The amount of timber that any one purchaser will be permitted to purchase under this provision and the period of the contract will be governed by the capacity of the mill and the estimated quantity that it will be capable of producing during the period covered by the contract of sale. When a twenty years' supply is sold the period within which the same must be cut (twenty years) will begin to run from the time that the contract of sale is executed, if the manufacturing plant has been built, or from the time that the mill has been constructed and ready to begin operations if it is to be built, but in no case will more than two years be allowed for construction, and each contract shall contain a provision that all rights acquired thereunder shall be forfeited if operations have not been commenced within three years from the date of execution of the contract, unless, upon satisfactory showing the Secretary of the Interior, shall, in his discretion, excuse the

See footnote j, p. 262.

delay. Commencement of operations in this sense will be construed as a bona fide commencement of actual cutting of timber in quantity sufficient to show that it is the purpose of the purchaser to fulfill the conditions of the contract and that it was not entered into merely for speculative purposes.

(5). The district officers will make appropriate notations upon the records of their office and transmit the application to the Commissioner of the General Land Office, and at the same time transmit the duplicate to the Chief of Field Division at Anchorage, Alaska, or to an examiner located in the particular land district who shall have been designated by the Chief of Field Division to make appraisals. Upon receipt of the same the latter will without de'ay cause the timber applied for to be examined and appraised. The appraisal rates will be based upon a fair stumpage rate taking into consideration the quality of the timber and its accessibility to market. In no event will any timber suitable for manufacturing purposes be appraised at less than $1 per thousand feet, board measure. After an examination and appraisal has been made the Chief of Field Division will at once submit his report and recommendation to the Commissioner of the General Land Office, together with a statement of facts showing whether such sale would endanger the supply of timber for local use. The Government reserves the right to reappraise the remaining standing timber at the expiration of five years from the date of commencement of the timber cutting period as set forth in paragraph 2 hereof and at intervals of five years thereafter, but in no instance shall the appraisal be at more than double the rate of the original appraisal,

(7). All contracts shall contain provisions against waste and precaution against forest fires. The Government may reserve the right to insert in a contract a provision authorizing the disposition for local use of timber that is not suitable for manufacturing purposes upon the area described in the contract, to another others pursuant to the provisions of Circular No. 491, page 92, sections 1 and 2. Contracts entered into under these rules and regulations will also be subject to the right of qualified persons to locate, select, settle upon, or enter the lands involved under the provisions of the public land laws applicable to Alaska, but such claimants shall not have any title to or interest in the timber purchased under the contract or be permitted to interfere with the purchaser's operations incident to the cutting and removal of the timber.

(8). At the expiration of a contract a new contract may, in the discretion of the Secretary of the Interior, be entered into for a period of not to exceed twenty years, where there is sufficient timber available to warrant it. Prior good faith of the purchaser and substantial compliance with the conditions of the expired contract will be given consideration with reference to awarding a new contract. A new appraisal shall be made at that time for the purpose of fixing the stumpage price.

TIMBER SALE CONTRACT

(9) At the end of the period designated herein a new contract may, in the discretion of the Secretary of the Interior, be entered into, for a period of not exceeding twenty years, provided that there is sufficient timber suitable for manufacturing purposes available to warrant, and further provided that the provisions and conditions of this contract shall have been faithfully complied with. The price to be paid for the timber will be based upon an appraisal to be made at that time.

Very respectfully,

Approved August 5, 1929.

C. C. MOORE, Commissioner.

RAY LYMAN WILBUR, Secretary.

"The reference is to sections 1 and 2, page 92, of Circular No. 491 as issued in pamphlet form, reproduced on p. 257 hereof.

CIRCULAR No. 1203

GRAZING REGULATIONS CONTAINED IN CIRCULARS NOS. 491 AND 1138 AMENDED

GENTLEMEN: In order to conform to the order of the Secretary of the Interior of October 3, 1929, transferring supervision of all reindeer activities in Alaska, from the office of education to the ex officio commissioner of Alaska, representing the Interior Department, subject to the general supervision and control of the Secretary of the Interior, effective November 1, 1929, the regulations governing the leasing of lands in Alaska for grazing livestock issued in pursuance of the act of March 4, 1927 (44 Stat. 1452), approved January 7, 1928, contained in Circulars Nos. 491 and 1138, are hereby amended by substituting for sections 3 and 4 thereof, the following:

3. After the establishment of a grazing district applications for leases may be filed in the proper district land office. Applications should be filed in duplicate except applications for reindeer grazing which should be in triplicate:

(a) Applications to lease lands for reindeer grazing filed by natives of Alaska or associations of such natives may be filed by the natives themselves or through a supervisor or other responsible official designated by the ex officio commissioner of Alaska for the Department of the Interior.

(b) After a serial number has been assigned by the Register of the district land office to an application for a lease, one copy will be forwarded to the Commissioner of the General Land Office and one to the chief of field division, Anchorage, Alaska, each copy to be accompanied by a status report. If the application is for reindeer grazing the register will attach to the triplicate copy thereof a status report and will make such disposition thereof as may be requested by the said ex officio commissioner of Alaska.

(c) Applications for leases must conform substantially to the appended Form 4-469.

4. The chief of field division will cause an investigation to be made of all applications to lease for grazing purposes except of applications filed by natives of Alaska for reindeer grazing and report to the General Land Office as to the livestock to be grazed on the land; as to the carrying capacity of the areas sought; as to the improvements, if any, existing thereon; as to their use and occupancy and as to the feasibility of granting the lease applied for Recommendation should also be made as to what rental should be charged and whether such charge should be deferred for any particular period.

(a) The said ex officio commissioner or such official as he may designate to act for him, will make report, in duplicate, similar to that described in section 4, except as to charge for rental, on all applications to lease for reindeer grazing filed by natives of Alaska. The report will be filed in the proper district land office. The register will transmit the original copy to the General Land Office and the duplicate copy to the chief of field division.

(b) The chief of field division will submit to the General Land Office such report and recommendation as he may deem proper in connection with all applications to lease lands for reindeer grazing filed by natives of Alaska.

Very respectfully,

Approved, December 2, 1929.

C. C. MOORE, Commissioner.

JOHN H. EDWARDS,
Assistant Secretary.

AMENDMENT OF ENTRIES

[Reported, 44 L. D. 181]

CIRCULAR No. 423

REVISED REGULATIONS GOVERNING AMENDMENT OF ENTRIES PURSUANT TO SECTION 2372 R. S., AS AMENDED BY ACT OF FEBRUARY 24, 1909 (35 STAT. 645), AND OTHERWISE

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., July 10, 1915.

Registers and Receivers, United States Land Offices.

SIRS Section 2372, United States Revised Statutes, as amended by the act of Congress approved February 24, 1909 (35 Stat. 645), reads as follows:

SEC. 2372. In all cases where an entry, selection, or location has been or shall hereafter be made of a tract of land not intended to be entered, the entryman, selector, or locator, or, in case of his death, his legal representatives, or, when the claim is by law transferable, his or their transferees, may, in any case com ing within the provisions of this section, file his or their affidavit, with such additional evidence as can be procured showing the mistake as to the numbers of the tract intended to be entered and that every reasonable precaution and exertion was used to avoid the error, with the register and receiver of the land district in which such tract of land is situate, who should transmit the evidence submitted to them, in each case, together with their written opinion both as to the existence of the mistake and the credibility of every person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made and that every reasonable precaution and exer. tion has been made to avoid it, is authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if the same has not been disposed of and is subject to entry, or if not subject to entry, then to any other tract liable to such entry, selection, or location; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize such change of entry, nor shall anything herein contained affect the right of third persons.

For the purpose of governing the administration of the provisions of this statute and to define the circumstances under which amendments of entries will be granted pursuant to its provisions, or by virtue of the authority of the department to recognize and establish rights and equities not strictly within the purview and contemplation of such statute, the following rules are provided and will be followed: 1. Applications for amendment must be filed in the local land office of the United States having jurisdiction over the land sought to be entered, and should be substantially in accordance with the printed form herewith. This form may be used for the amendment of nonmineral entries where the applicant is either the original entryman, the assignee, or transferee, by making such modifications as the facts may justify. Each application must be verified by the oath