his election or appointment, or either before or after he has qualified, and during his continuance in office, and that no officer, agent, or employee of the Department of the Interior, shall be admitted to any share or part of this lease, or derive any benefit that may arise therefrom, and the provisions of section 3741 of the Revised Statutes of the United States (sec. 22, Title 41 U. S. C.), and sections 114, 115, and 116 of the Codification of the Penal Laws of the United States, approved March 4, 1909 (35 Stat. 1109, secs. 204, 205, and 206 of Title 18, U. S. C.), relating to contracts, enter into and form a part of this lease so far as the same may be applicable.

In witness whereof

Section 25 of the act of February 25, 1920, provides that in addition to areas which may be included in prospecting permits or leases, the Secretary of the Interior, in his discretion, may grant to a permittee or lessee of lands containing sodium deposits, and subject to the payment of an annual rental of not less than 25 cents per acre, the exclusive right to use, during the life of the permit or lease, a tract of unoccupied nonmineral public land, not exceeding 40 acres in area for camp sites, refining works, and other purposes connected with and necessary to the proper development and use of the deposits covered by the permit or lease.

In accordance with the provisions of this section the following regulations are prescribed, by which a permittee or lessee under the act may acquire the right therein granted.

1. Application may be made by the permittee or lessee identifying by serial number his permit or lease, setting forth in detail the specific reasons why it is necessary for the applicant to have the use of an additional tract of land for a camp site, refining works, or other purposes, connected with and necessary to the proper development and use of the deposits covered by the permit or lease.

2. The application should contain a description of the lands by legal subdivisions, if surveyed, or, if not surveyed, by the approximate description thereof as it will appear when surveyed, for which the right of use is desired, together with a statement of the particular reasons why it is especially adapted thereto, either in point of location, topography, or otherwise, and that it is unoccupied, nonmineral land.

3. Use permits granted hereunder will be for indeterminate periods, dependent in that respect upon the existence of the permit or lease made the basis of the right authorized by section 25; upon the termination of such permit or lease all rights secured hereby will also cease and terminate, and such condition shall be expressly recognized and stated in the application.

4. No blank forms of application will be furnished to applicants hereunder, but they will be guided by the foregoing as to the essential requirements of the application, which will be verified by the affidavit of the applicant.

5. The rental of not less than 25 cents per acre must be paid the register of the proper local land office as soon as applicant is notified of the allowance of the permit, and a like sum each year thereafter in advance.

IV

FORM OF USE PERMIT FOR CAMP SITE OR REFINING WORKS

The form of use permit issued under section 25 of the act of February 25, 1920, will be in substance as follows:

THE UNITED STATES OF AMERICA,
DEPARTMENT OF THE INTERIOR.

USE PERMIT

Know all men by these presents, that the Secretary of the Interior, under and by virtue of section 25 of the act of Congress entitled "An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium, on the public domain," approved February 25, 1920, has granted to and does hereby grant to

bearing serial number

the holder of the exclusive right, so long as needed, used, and occupied, to use, during the life of the aforesaid

described tract of land, to wit:

the following for a camp

-1119

site, refining works, and other purposes connected with and necessary to the proper development and the use of the deposits covered by the aforesaid --all rights hereunder to cease and

711

---9

terminate upon the termination of the aforesaid and conditioned upon the payment in advance of 25 cents per acre for the area covered hereby.

Dated,

Secretary of the Interior.

V

REPEALING CLAUSE, ETC.

Repealing and saving clause.-Section 37 of the act provides that hereafter the deposits of coal, phosphate, sodium, oil, oil shale, and gas referred to and described in the act may be disposed of only in

the manner provided by the act, "except as to valid claims existent at date of passage of this act, and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under said laws, including discovery." As to sodium claims, those claims initiated under the preexisting law may go to patent which, at the date of the act, were valid mining locations, duly made and maintained as such on lands subject to such location at the date initiated.

Fees and commissions.-(a) For receiving and acting upon each application for prospecting permit or lease filed in the district land office in accordance with these regulations, there shall be paid by the applicant a fee of $2 for every 160 acres or fraction thereof in the application, such fee in no case to be less than $10, the same to be considered as earned when paid and to be credited to the compensation of the register within the limitations provided by law.

(b) Registers shall be entitled to a commission of 1 per cent of all moneys received in each register's office. Such commission will not be collected from the applicant or lessee in addition to the moneys otherwise provided to be paid.

It should be understood that the commissions herein provided for will not affect the disposition of the proceeds arising from operations under the act, as provided in section 35 thereof; also that such commissions will be credited on compensation of registers only to the extent of the limitation provided by law for maximum compensation of such officers.

Very respectfully,

Approved June 14, 1929.

Jos. M. DIXON,

Acting Secretary.

(Act omitted.)

C. C. MOORE, Commissioner.

MINNESOTA LANDS

[Reported, 45 L. D. 40]

CIRCULAR No. 4701

INSTRUCTIONS UNDER THE MINNESOTA DRAINAGE LAWS

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

Washington, D. C., April 15, 1916.

Registers and Receivers, Cass Lake, Crookston, and Duluth, Minn. SIRS: The instructions contained in Circular No. 234, approved April 24, 1913 (42 L. D. 104), issued under the act of May 20, 1908. (35 Stat. 169), known as the Volstead Act, are hereby revised and amended to read as follows:

1. All public lands in the State of Minnesota which are subject to entry, and entered lands for which no final certificates have issued, are by said act made subject to the State drainage laws to the same extent and in the same manner in which lands of like character held in private ownership are or may be subject to said laws.

2. The provisions of the act do not extend the Minnesota drainage laws to entered lands for which final certificates have issued. Lands allotted or reserved for Indians, or reserved for any other purpose, are not subject to the provisions of the act; nor are Chippewa lands classified as "pine lands," until the same have been opened to entry. 3. The lands are assessed under the State drainage laws by the designated officials of the counties in which the lands are located. The county auditor is required to file in the office of register of deeds a statement showing the drainage charges, and such charges are a lien upon the land from the date of the filing of such statement, and bear interest at the rate of 6 per cent per annum until paid. Certified lists showing the amount of the charges assessed against each smallest legal subdivision are required by the act to be furnished the register and receiver of the district in which the lands are located as soon as the charges are assessed. It is the duty of the district land officers to compare said lists with the records of their office, and if any charges are assessed against land which is not subject to the State drainage laws, such as those mentioned in regulation 2, they will promptly notify the county auditor thereof, and advise him that the lands are not subject to sale thereunder.

4. The charges against the Government lands subject thereto may, under section 3 of the act, be enforced by a sale of the lands by the State in the same manner and under the same proceedings as such charges would be enforced against lands held in private ownership.

1Amended by circulars of Jan. 26, 1917, p. 996; June 28, 1918 (No. 605), p. 998; and Apr. 1, 1925 (No. 989), p. 1001.