10. Where title has actually vested in the State as to the lands sought to be conveyed, each application for exchange must be accompanied by a deed (unrecorded), prepared in accordance with the laws of the State of New Mexico governing the conveyance of real property, executed by the Governor of the State and the Commissioner of Public Lands, with the approval of the State land board and the State superintendent of public instruction, as to the lands granted for the support of common schools; and as to institutional grant lands, with the approval of the governing body of the institution for whose benefit the lands so reconveyed were granted to the State. Where the legal title to school sections is retained in the United States under the provisions of section 6 of the enabling act of June 20, 1910, or where title to school sections has not vested in the State because of withdrawal of the lands prior to survey, the State must furnish a certificate showing surrender by the State of the right to make lieu selections under sections 2275 and 2276 R.S., as amended, and of all claim, right or interest in or to said lands. All selection lists must be accompanied by certificates of the proper State officer and of the proper county recorder, showing that the offered lands have not been sold or otherwise encumbered by the State. In case, however, any of such lands have been sold by the State and title again acquired, an abstract of such title will be necessary.

11. In order to simplify the work of keeping the records and of adjudicating exchanges under this act, these two classes of exchanges (where deeds of conveyance are required as to the lands offered in exchange, and where title to school sections is in the United States) should not be made in the same selection list, but should be in separate lists.

12. If the selection appears regular and in conformity with these regulations, you will accept the selection, assign the current serial number thereto, and will prepare notice for publication in accordance with the regulations approved June 23, 1910 (39 L.D. 39), and amendments thereto.

13. When upon examination in this office it is found that all requirements have been complied with and it is considered that the State is entitled to the exchange sought, the deed will be returned to the State for recordation and retransmittal to this office, and where abstract of title may have been required, such abstract will be returned to be brought down to show the title in the United States, free from all liens and incumbrances, including tax liens. Upon the return of the recorded deed and satisfactory abstract of title, the selections will be embraced in a clear list and transmitted to the Secretary with recommendation for approval, in the absence of other

objection, with a view to the certification to the State of the selected lands.

14. Should the application for exchange be finally rejected or the selection canceled, for any reason, the unrecorded deed and the abstract of title will be returned to the State.

The act of March 1, 1933 (47 Stat. 1418), provides:

That all vacant, unreserved, and undisposed of public lands within the areas in the southern part of the State of Utah, bounded as follows: Beginning at a point where the San Juan River intersects the one hundred and tenth degree of west longitude; thence down said river to its confluence with the Colorado River; thence down the Colorado River to a point where said river crosses the boundary line between Utah and Arizona; thence east along said boundary line to the one hundred and tenth degree of west longitude; thence north to the place of beginning; also beginning at a point where the west rim of Montezuma Creek or wash intersects the north boundary line of the Navajo Indian Reservation in Utah; thence northerly along the western rim of said creek or wash to a point where it intersects the section line running east and west between sections 23 and 26, township 39 south, range 24 east, Salt Lake base and meridian in Utah; thence eastward along said section line to the northeast section corner of section 26, township 39 south, range 25 east; thence south one mile along the section line between sections 25 and 26 to the southeast section corner of section 26, township 39 south, range 25 east; thence eastward along the section line between sections 25 and 36, township 39 south, range 25 east, extending through township 39 south, range 26 east, to its intersection with the boundary line between Utah and Colorado; thence south along said boundary line to its intersection with the north boundary line of the Navajo Indian Reservation; thence in a westerly direction along the north boundary line of said reservation to the point of beginning be, and the same are hereby, permanently withdrawn from all forms of entry or disposal for the benefit of the Navajo and such other Indians as the Secretary of the Interior may see fit to settle thereon: Provided,

That no further allotments of lands to Indians on the public domain shall be made in San Juan County, Utah, nor shall further Indian homesteads be made in said county under the Act of July 4, 1884 (23 Stat. 96; U.S.C., title 43, sec. 190). Should oil or gas be produced in paying quantities within the lands hereby added to the Navajo Reservation, 371⁄2 per centum of the net royalties accruing therefrom derived from tribal leases shall be paid to the State of Utah: Provided, That said 371⁄2 per centum of said royalties shall be expended by the State of Utah in the tuition of Indian children in white schools and/or in the building or maintenance of roads across the lands described in section 1 hereof, or for the benefit of the Indians residing therein.

SEC. 2. That the State of Utah may relinquish such tracts of school land within the areas added to the Navajo Reservation by section 1 of this Act as it may see fit in favor of the said Indians, and shall have the right to select other unreserved and nonmineral public lands contiguously or noncontiguously located within the State of Utah, equal in area and approximately of the same value to that relinquished, said lieu selections to be made in the same manner as is provided for in the Enabling Act of July 16, 1894 (28 Stat. L. 107), except as to the payment of fees or commissions which are hereby waived.

You will make the proper notation on your records and will carefully check any application to make homestead entry or selection for Indian allotment in the vicinity of the withdrawn lands so as to avoid any conflict therewith.

You will also make proper notations on your records of any indemnity school-land selection or selections made in lieu of lands in secs. 2, 16, 32 and 36, granted to the State. for school purposes by section 6, act of July 16, 1894 (28 Stat. 107), and within the area added to the Navajo Reservation.

All such indemnity school selections must be made in accordance with the provisions of sections 2275 and 2276, United States Revised Statutes, as amended by the act of February 28, 1891 (26 Stat. 796), as made applicable to the State of Utah by the Act of May 3, 1902 (32 Stat. 188). Such selections must also be made in accordance with the regulations of June 23, 1910 (39 L.D. 39), and the State must furnish an affidavit as to springs and water holes on all selected lands in accordance with Circular No. 1066, May 25, 1926 (51 L.D. 457), and Circular No. 1231 (53 I.D. 173).

The State must also furnish an affidavit to the effect that the land selected is approximately of the same value as that relinquished. Field examination will be directed by this office in order to determine whether or not the lands relinquished and those selected are considered to be of approximately equal value within the intent of the act. If the report of the Chief of Field Division should be adverse to the State, the State will be given opportunity to make selection of other lands or to make such showing as may be desired, and will be afforded the right of appeal, review, or rehearing recognized in the manner prescribed by the Rules of Practice.

No fees will be charged in connection with any selection made under this act.

The act of January 19, 1933, an act to amend the United States mining laws applicable to the city of Prescott municipal watershed in the Prescott National Forest within the State of Arizona, provides as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter mining locations made under the United States mining laws upon lands within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, specifically described as the west half southwest quarter section 13; south half section 14; southeast quarter, and east half southwest quarter section 15; east half, and south half southwest quarter section 22; all of section 23; west half section 24; all of sections 26 and 27; north half north half section 34; and north half north half section 35, township 13 north, range 2 west, Gila and Salt River base and meridian, an area of three thousand six hundred acres, more or less, shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use or occupancy; Provided, however, That the cutting and removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting shall be allowed except under the national-forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

SEC. 2. That hereafter all patents issued under the United States mining laws affecting lands within the municipal watershed of the city of Prescott, within the Prescott National Forest, in the State of Arizona, shall convey

title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture.

SEC. 3. That valid mining claims within the municipal watershed of the city of Prescott, within the Prescott National Forest in the State of Arizona, existing on the date of the enactment of this Act, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Arizona, may be perfected under this Act, or under the laws under which they were initiated, as the claimant may desire.

The provisions of the act apply only to the lands described therein, comprising approximately 3,600 acres in T. 13 N., R. 2 W., G. & S. R. M. Rights acquired under mining locations made after the date of the act on any of the described lands are limited to the right to occupy and use so much of the surface of the land covered by the location as is reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations; and patents for such locations shall convey title to the mineral deposits and a limited right to cut and remove timber for mining purposes, such patent to reserve to the United States all title in or to the surface of the lands and products thereof.

You will note on the face of all applications for patent for mining claims embracing any of the described lands that the same are subject to the conditions, provisions, limitations and reservations of the act, except applications for claims located prior to the date of the act and as to which the applicants expressly request patent under the provisions of the general mining laws. Patents issued subject to the act will contain appropriate conditions in accord with Sec. 2 thereof.

Under Sec. 3 of the act, valid claims existing at the date of the act and thereafter maintained may be perfected under this act or under the law under which they were initiated, as the claimant may desire. Such claimant may, therefore, continue the development of his claim under the provisions of the act and secure patent for the mineral deposits only, under its provisions, or he may continue to hold under the general mining laws and secure patent which will convey to him the surface as well as the minerals in the claim.

Note on your tract books each subdivision to which the act applies as subject to the act of January 19, 1933 (47 Stat. 771), and give