Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1915-09-25
JOINT REGULATIONS
Lands Within National Forests-Appended
Regulations Will Become Effective
on and After October /.

Secretary of the Interior Franklin K.
Lane, and Secretary of Agriculture d. +.
Houston, under date of August 5th, 1915,
have issued jointly the following order,
! effective on and after October lst. 1915
superseding order of November 25th,
1910;
l. Hereafter when a person files ap-
pUCation to make entry, or to amend an
existing entry, embracing lands within
q national forest, basing the right of en-
try, or amendment, on settlement prior
to the establishment of the forest, the
register and receiver will require such
person TO file with his application a
statement under oath, in duplicate, con-
tanning lis name and address, descrip-
ton and character of the land involved
the date he established residence on the
land, his absence from the land, kind
and character of Improvements placed
thereon, and the amount of land cleared
and cultivated, accompanied by the aiFi-
daYit, in duplicate, Of at least one dis
interested person, corroboratng the
statement. The register and receiver
will Immediately forward the duplicate
Of such statement and affidavit to the
supervisor Of the national forest in which
the lands are embraced, with informa-
ton as to the date of filing the appica-
| ton, the date of filing the township plat
! Of survey covering the land, and any
other facts Of record affecting the appi-
! cation, and will suspend action on the
| application for 90 days, or upon the re-
! quest of the forest supervisor, where
| climatic or other conditions require, for
such tune, not to exceed six months, as
| will euabe him to make an examination
! Of the claim, unless in the meantime
! they shall receive notice of no protest,
| as hereinafter provided.
?. The register and receiver in issu-
! ing notice of intention to make final
proof upon claims, either mineral or
mineral within national forest
| shall Immediately furnish copy there.
! Of TO the supervisor in charge Of such
| forest, and other than to publish such
notice and receive final proof will, ex-
Cept in mineral cases as hereinafter pre-
sCrlbed, suspend action on the final
proof for go days from date thereof or
upon request of the forest supervisor,
where climatic or other conditions re.
quire, for such time, not to exceed six
months, as will enable him to make an
examination Of the claim, unless in the
meantime they shall receive notice of
no protest as hereinafter provided. In
each case, however, where the register
and receiver upon examination of the
final proof at any time after its submis-
sion, find it to be incurably defective.
the same will be rejected and the Forest
Service so advised, Notwithstanding the
time within which a protest may be filed
hereunder has not expired
of The statement mentioned in paragraph
|, or the notice mentioned in paragraph
., will at once make investigation of the
claim, and will submit to the district
forester report thereon, unless Imme-
date investigation is impossible because
of climatic or other conditions, when an
extension of time will be requested as
provided in paragraphs l and hereof,
and the investigation will be made and
the report submitted as soon as possible
within the period of extension. The
district forester will promptly consider
the report, and II OF opinion that no pro-
test should be filed will so advise the
register and receiver. If the district
forester is of opinion that a protest
should be made, he will transmit the
papers to the district assistant to the So
i4NlbDlt Nho " al pttJuIC lDt LIS slRIld-
ture a protest, not under oath or cor
roborated, in which shall be plainly and
briefly stated the grounds upon which
the protest is based The protest shall
be filed in triplicate with the register
and receiver of the proper local land
office.
4. Upon receipt of the protest, the
register and receiver shall Immediately
fnFNEa rH q fharanf ~ tho 4 80,
soner of the General Land Office, in
accordance with Rule of the Rules of
Practice, and in every case Immediately
issue the notice required by Rule 5
thereof, accompanied by copy of the
protest stating that unless the adverse
party appears and answers the allega-
tions Of said notice within thirty DAYS
after service thereof the allegations of
the protest shall be taken as confessed.
Upon the filing of the answer, the regis
ter and receiver shall set a date for
hearing, after consultation with the dis.
trict assistant TO the solicitor, and notify
parties as provided in the Rules Of Prac.
tiCe. Upon failure Of the claimant to
appear at the hearing the allegations of
the protest will be taken as confessed.
Hearings shall be conducted in accord
ance with the Rules of Practice In
other than mineral cases, action upon
the application and upon the final proof,
which may be offered in the usual man
ner, shall be suspended pending the
final determination of the protest, ex-
cept as provided in paragraph . hereof
for the disposition Of incurably defective
proof In mineral applications for pat
ent the proof shall be considered on it's
merits, and, If found regular, certificate
issued, but the claimant should be adj
yised in such case that patent will be
withheld by the General Land Office
pending determination Of the protest.
5. no protest be filed within the
time limit as provided in paragraphs ]
and hereof, the register and receiver
shall take appropriate action upon the
application or the final proof. But in
no case, in the absence of the filing of
protest or no protest notice as herein
above provided, shall patent issue until
the Commissioner Of the General Land
Office is notified by, or ascertains from,
the forester that the claim will not be
protested, as provided in paragraph 6
hereof
6. A protest may be initiated against
any claim, mineral or non-mineral, en-
bracing lands within national forests at
any time prior to patent, by the solicitor
or the district assistant to the solicitor
of the Department of Agriculture filing
in the local land office, in triplicate,
complaint signed by the forester or the
district forester, not under oath or cor
roboratedy setting forth clearly and
briefly the grounds of the protest. Up
on receipt of such complaint the register
and ranafvtav uhalI formard a cnvu tba.a
| OF to the Commissioner of the General
Land Office issue the notice required
by Rule Of the Rules of Practice. ac-
con, ~, a ial q cnr,v nf tkn