Executive Order 2739

Under authority of the act of Congress approved June 4, 1897 (30 Stat., 11, 34-36), and on the recommendation of the Secretary of Agriculture, it is hereby ordered that the boundaries of the Humboldt National Forest, as modified by Executive order effective July 1, 1917, be further modified by excluding therefrom the following described lands in the State of Nevada: in T. 41 N., R. 38 E., S. &frac12; sec. 30, all section 36; in T. 42 N., R. 38 E., sec. 30; Mount Diablo meridian.

It appearing proper and necessary, in the interest of equal opportunity and good administration, that all of the above-described lands subject to disposition should be restored to homestead entry in advance of settlement or other forms of disposition, it is hereby ordered, under authority of the act of September 30, 1913 (38 Stat., 113), that the public lands in the above-described areas, subject to valid rights, shall be opened to entry only under the provisions of the homestead laws requiring residence at and after but not before 9 o'clock a. m., standard time, January 14, 1918, and to settlement and other disposition under any public-land law applicable thereto at and after but not before 9 o'clock a. m., standard time, January 21, 1918. Prospective applicants may, during the period of 20 days preceding the date on which the lands shall become subject to entry, selection, or location of the form desired under the provisions of this order, execute their applications in the manner provided by law and present the same, accompanied by the required payments, to the United States land office at Carson City, Nev., in person, by mail, or otherwise, and all applications so filed, together with such as may be submitted at the hour fixed, shall be treated as though simultaneously filed and shall be disposed of in the manner prescribed by existing regulations. Under such regulations conflicts of equal rights will be determined by a drawing.

Warning is hereby given that no settlement initiated prior to seven days after the date for homestead entry above named will be recognized, but all persons who go upon any of the lands to be restored hereunder and perform any act of settlement thereon prior to 9 o'clock a. m., standard time, January 21, 1918, or who are on or are occupying any part of said lands at such hour, except those having valid subsisting settlement rights initiated prior to withdrawal from settlement and since maintained, will be considered and dealt with as trespassers and will gain no rights whatever under such unlawful settlement or occupancy; provided, however, that nothing herein contained shall prevent persons from going upon and over the lands to examine them with a view to thereafter appropriating them in accordance herewith. Persons having prior settlement rights, as above defined, will be allowed to make entry in accordance with existing law and regulations.

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 * October 24, 1917.