in quantity, made by the enabling act of June 20, 1910. It has been the custom of new States, immediately upon their admission, and as soon as the machinery of the State government is in running order, to begin actively the selection of lands in satisfaction of their quantity grants. In addition, each of these two States, upon its admission, may make school indemnity selections to the amount of not less than 1,000,000 acres.

FIELD EXAMINATION OF SELECTED LANDS.

As a safeguard against the acquisition of title to mineral and coal lands under grants of nonmineral lands provision is now made for field examination of indemnity school land and other State and Territorial selections.

In view of the fact that selections in satisfaction of these grants, except under the Carey Act, may not be made for lands withdrawn or classified as coal lands, or valuable for coal, and that a very considerable portion of these withdrawn and classified lands is of a class well adapted for purposes of selection, it is recommended that the provisions of the act of Congress approved June 22, 1910 (36 Stat., 583), be extended so as to authorize surface right selections in aid of common schools, and under specific grants in quantity for educational and other purposes. In this connection attention is respectfully called to a report made by the department August 9, 1911, on Senate bill 3116, Sixty-second Congress, first session.

IMPERIAL VALLEY LANDS.

The adjustment and adjudication of claims in the Imperial Valley, Cal., is proceeding satisfactorily. About 800 patents have been issued to claimants who have shown bona fide compliance with the requirements of the laws under which their entries were initiated. The locations of all but two of the school sections, with reference to the plats of the resurvey of these lands, have been fixed by office decisions, subject, however, to review by the department on appeal. A large number of conflicting claims have been amicably adjusted and such further surveys as may be necessary are to be executed during the coming winter by an official of this office.

SWAMP LANDS.

This office continues to receive and dispatch a considerable volume of work in connection with the adjustment of the swamp-land grants made to the several States by the acts of Congress approved March 2, 1849 (9 Stat., 352), September 28, 1850 (9 Stat., 519), and March 12, 1860 (12 Stat., 3).

On March 29, 1911, it disposed of a controversy of considerable importance, the parties to which were the State of California on one

hand, and settlers to the number of 100 or more on the other side, and involving 99,840 acres of land, situated in the valley of the Colorado River, about 200 miles southeast from the city of Los Angeles. The State of California asserted its title to this land by virtue of the swamp-land grant, which claim of title was resisted by the settlers, who claimed that the lands were not, and never had been, of the character of lands embraced by that grant. The decision of this office sustained the claims of the settlers.

On February 19, 1909, the department gave direction for an examination in the field whereby to determine the character of lands in the Chippewa Indian Reservation, in Minnesota, in so far as any of said lands were being claimed by the State of Minnesota under the grant of swamp lands made to it by the act of March 12, 1860 (12 Stat., 3). The claim of Minnesota to swamp lands not within an Indian reservation is tried and determined by an inspection of the field notes of the Government survey, and the method thus adopted for an adjudication of her claims to land within the Indian reservation was a departure from the practice followed in other cases. This change of method had effect to let in numerous settlers upon lands within said reservations to contest the State's claim, and about 150 such contests have been filed in the local land offices at Cass Lake and Crookston. With few exceptions, this office has granted and directed hearings to be held in these contests, and the results of these hearings are now being reported.

It is believed to be appropriate in this connection to refer to the related matter of the "Arkansas sunk lands," determined by the department, by its decision of December 12, 1908, to be public lands of the United States, as a consequence of the compromise agreement between the United States and the State of Arkansas, approved by the act of Congress of April 29, 1898 (30 Stat., 367). The survey of these lands is being prosecuted with all possible expedition, and it is anticipated that the plats will be completed, approved, and filed some time early in the year 1912, and said lands soon thereafter duly made subject to disposition under the public-land laws.

NATIONAL FORESTS.

Since the issuance of the last annual report, one national forest has been established under section 24 of the act of March 3, 1891 (26 Stat. L., 1095), and four new administrative units have been formed by subdividing certain national forests, with additional areas from the public domain in some instances. Forty-three national forests have been enlarged and 61 reduced under the act of June 4, 1897 (30 Stat., 36), and the San Luis National Forest has

been consolidated with the Santa Barbara National Forest in California. The Pocatello National Forest, in Idaho, was enlarged by act of February 18, 1911 (public, 390), and by Executive order of May 31, 1911, the Fort Wingate Military Reservation was included. in the Zuni National Forest, in New Mexico. There are now 153 national forests, embracing 190,608,243 acres. The decrease in area of national forests since the beginning of the fiscal year is 2,322,954 acres, due in part to the elimination of lands therefrom and in part to the revision of areas to conform to recent surveys and computations.

During the fiscal year, 4,598,705 acres have been excluded from the national forests, by reclassification or otherwise, and the unappropriated public lands in 4,125,405 acres thereof restored to settlement and entry. Areas temporarily withdrawn but not needed for forestry purposes are released from withdrawal upon the recommendation of the Secretary of Agriculture. Since the issuance of the last annual report 2,653,534 acres have been released from such withdrawal and the public lands therein opened to settlement and entry.

During the fiscal year 18 ranger stations, embracing 1,678 acres, have been withdrawn by Executive order under the act of June 25, 1910 (36 Stat., 847), for use by the Forest Service in the administration of the national forests, one right-of-way site and 162 administrative site withdrawals have been revoked, embracing 24,113 acres. There are now 24 rights of way for wagon roads and 3,983 administrative sites withdrawn, embracing 570,848 acres, 153 sites and 21,632 acres being near and 3,830 sites and 549,216 acres in the national forests.

NATIONAL MONUMENTS.

Under authority of the act approved June 8, 1906, the President, during the year, by formal proclamations prepared, created the following monuments from lands under control of the United States: Colorado National Monument, Colorado, exhibiting extraordinary examples of erosion, of considerable scientific interest.

Devils Postpile, California, including Rainbow Falls, within the Sierra National Forest, and under the jurisdiction of the Department of Agriculture.

The Lewis and Clark Cavern, Montana, was also more definitely located, by a second proclamation, and the boundaries of the Petrified Forest, in Arizona, were materially reduced.

There is great need of funds for the proper protection and administration of such of the national monuments, created out of the public lands, as consist of or include within their boundaries historic and prehistoric ruins, or other objects easily injured or destroyed by

vandals, and unauthorized collectors of curios for sale or exhibition for a fee. The former departmental estimate of $5,000, which has failed to receive the approval of Congress, should by all means be renewed.

HOMESTEAD ENTRIES IN FOREST RESERVES.

In accordance with the provisions of the act of June 11, 1906 (34 Stat., 233), notices were issued during the past year in 2,153 lists, by which approximately 215,300 acres of agricultural lands in national forests were opened to settlement and entry under the homestead laws.

SALES OF ABANDONED MILITARY RESERVATIONS.

The lands in Fort McKinney abandoned military reservation were offered for sale on January 18 and 19, 1911, under the provisions of the act of July 5, 1884 (23 Stat., 103), and there were sold 11,557.92 acres for $25,128.11, an average of $2.17 per acre.

On November 21, 1910, there were sold under the same act 22 lots having an area of 213.61 acres, in the Fort Davis abandoned military reservation, Texas, the price realized being $2,272.50. or an average of $10.63 per acre. The lands in the Camp Bowie abandoned military reservation, Arizona, were offered for sale on June 20, 1911, and 2,408.81 acres were sold under said act for $4,281.32 an average of $1.77 per acre. Portions of all of these reservations were unsold and will be offered at some time in the future, when there is prospect of securing bidders therefor.

POWER-SITE RESERVES.

Pursuant to the provisions of the act of June 25, 1910 (36 Stat., 847), 196 withdrawals have been made for power-site purposes, and there are now withdrawn for said purpose 1,510,647 acres, embracing lands in twelve States and Territories. These lands are subject to all of the provisions, limitations, exceptions, and conditions of the act cited.

AGRICULTURAL ENTRIES ON LANDS BEARING OIL, PHOSPHATE, AND NATURAL GAS.

Bills are now pending consideration by Congress which will in some measure make oil, gas, and phosphate bearing lands available for appropriation by agricultural entrymen. The bill S. 3045 (62d Cong., 1st sess.) provides for disposal of oil-bearing lands in the same manner as lands valuable for coal are disposed of under the act of Congress approved June 22, 1910 (36 Stat., 583), while the bill S. 1587 (62d Cong., 1st sess.) provides for an absolute reservation of all phosphate, asphaltum, oil, and natural gas in the public lands of the United States, including lands in Alaska, leaving, by impli

cation at least, the surface free to disposal under laws providing for agricultural entries. The department has heretofore submitted a report favorable to the first-above mentioned bill, after some suggested amendment has been effected. One of these proposed amendments would make the provisions of the bill operative as to lands containing phosphate and natural gas, as well as to lands containing oil, the only exception being as to lands valuable on account of the superficial deposits of phosphate rock.

I am of the opinion that the propriety and wisdom of such legislation as would thus be accomplished is scarcely debatable, and its early enactment would afford relief to a very considerable number of persons who have gone upon lands of that character prior to any withdrawal thereof for classification purposes.

INDIAN ALLOTMENTS.

It is estimated there are pending Indian allotments aggregating about 4,500, requiring field examination. It is probable that about 800 to 1,000 may be received during the coming year.

INDIAN-ALLOTMENT APPLICATIONS.

On April 4, 1911, I directed field examination and report with reference to timber, mineral, coal, phosphate, oil, power-site possibilities, the settlement of the Indian on the public domain, the character and approximate value of his improvements, etc., in all cases of Indian-allotment applications made under the provisions of section 4 of the act of Congress approved February 8, 1887 (24 Stat., 388), and acts amendatory thereof. Results under this order can not be reported as yet, but it is believed that it will result in rendering much more difficult the exploitation of public lands under guise of Indian claims and at the same time aid in the protection of bona fide Indian settlers.

CREEK LANDS EAST OF THE MISSISSIPPI.

By the treaty of 1832, the Creek Tribe of Indians ceded to the Government all of their lands east of the Mississippi River, the United States engaging to allow 90 principal chiefs to select one section each and every other head of a family one-half section each, which were to be "reserved from sale for their use for the term of five years unless sooner disposed of by them." Twenty sections, in addition, were to be selected, under the direction of the President, for the orphan children of the Creeks, and divided and retained or sold for their benefit, as the President might direct. Articles 3 and 4 of this treaty are as follows:

ART. III. These tracts may be conveyed by the persons selecting the same to any other persons for a fair consideration, in such manner as the President may direct.