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OIL AND GAS LEASES-Continued
LANDS SUBJECT TO—Continued

the right was not exercised on that date, title to the minerals
vested in the United States on the prescribed day, and an acquired
lands oil and gas lease offer filed the same day was properly ac-

cepted for consideration by the land office_
NONCOMPETITIVE LEASES
1. The filing of an offer for a noncompetitive lease creates no vested

rights in the offeror, and, if lands embraced in the offer become
within the known geological structure of a producing oil or gas
field after the filing of the offer but before the issuance of a lease,
the offer must be rejected and no preferential rights will be con-

ferred upon the offeror---
RENTALS
1. The Secretary of the Interior is authorized under section 5(a)(1) of

the Outer Continental Shelf Lands Act to approve an assignment
of rights in a portion of the area of an Outer Continental Shelf oil
and gas lease to a depth limited to the base of a specified zone,
but such an assignment will result in the creation of a separate
and independent lease as to the portion of the land assigned, and,
in the absence of any express provision to the contrary, the holder
of each lease resulting from the assignment is chargeable for the
payment of rental or royalty for the entire area covered by his
lease in accordance with the terms of the original lease notwith-
standing that this may result in multiple payment of rental or

royalty for the same area.-
ROYALTIES
1. The Secretary of the Interior is authorized under section 5(a)(1) of

the Outer Continental Shelf Lands Act to approve an assignment
of rights in a portion of the area of an Outer Continental Shelf
oil and gas lease to a depth limited to the base of a specified zone,
but such an assignment will result in the creation of a separate
and independent lease as to the portion of the land assigned, and,
in the absence of any express provision to the contrary, the
holder of each lease resulting from the assignment is chargeable
for the payment of rental or royalty for the entire area covered
by his lease in accordance with the terms of the original lease
notwithstanding that this may result in multiple payment of

rental or royalty for the same area. OUTER CONTINENTAL SHELF LANDS ACT

OIL AND GAS LEASES
1. The Secretary of the Interior is authorized under section 5(a) (1)

of the Outer Continental Shelf Lands Act to approve an assignment of rights in a portion of the area of an Outer Continental Shelf oil and gas lease to a depth limited to the base of a specified zone, but such an assignment will result in the creation of a separate and independent lease as to the portion of the land assigned, and, in the absence of any express provision to the contrary, the holder of each lease resulting from the assignment is chargeable for the payment of rental or royalty for the entire area covered

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OUTER CONTINENTAL SHELF LANDS ACT—Continued
OIL AND GAS LEASES-Continued

by his lease in accordance with the terms of the original lease
notwithstanding that this may result in multiple payment of

rental or royalty for the same area----
2. Authority does not exist under the mineral leasing laws for recog-

nizing oil interests separate and apart from gas interests in the
same land, and the Department cannot approve an assignment
which recognizes, in the same land, oil interests in one party and

gas rights in another.-----
3. Where the Department has given its approval to assignments which

would segregate an Outer Continental Shelf oil and gas lease into
separate leases by area, depth and product, and where it appears
that it was not the intent of the assignors or assignees to create
such separate lease interests, and it is not clearly shown that the
Department intended to approve such assignments or that it had
authority to approve them even if approval were intended, the
approval will be rescinded, and the parties to the assignments
will be permitted to submit for approval proper instruments

reflecting their intent-----
PHOSPHATE LEASES AND PERMITS

PERMITS
1. An application for a phosphate prospecting permit is properly re-

jected when information is available from which the existence
and workability of the phosphate deposits in the land applied for
can be determined; it is not necessary that the information
specifically describe the phosphate deposits within the land ap-
plied for, where detailed information is available regarding the
existence of a workable deposit in adjacent lands and geologic
and other surrounding external conditions, from which the
workability of the deposits in the subject lands can be reasonably
inferred

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PUBLIC LANDS

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CLASSIFICATION
1. The Classification and Multiple Use Act of Sept. 19, 1964 (78 Stat.

986; 43 U.S.C. secs. 1411-18) authorizes, under certain circum-
stances, the segregation of public land from appropriation under
the general mining laws, but it does not provide authority to
restrict or condition the mining activities authorized by the

general mining laws..
JURISDICTION OVER
1. Where, subsequent to survey, lands have formed by accretion in front

of lots which are part of an area withdrawn from entry under
the public land laws and placed under the administrative juris-
diction of an agency of the Federal Government, the administer-
ing agency acquires jurisdiction over the accreted lands, and
the lands become subject to the same restricted usage as the lands
to which they are accreted.-

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PUBLIC LANDS—Continued

RIPARIAN RIGHTS
1. Where an island which was once public land owned by the United

States is gradually eroded away in its entirety by the force of
the river in which it lay and then fast land is formed on the site
formerly occupied by the island by the process of accretion to a
bank of the river which is privately owned, the United States

can not assert title to such land as public land--
PUBLIC RECORDS
1. Although reports by Departmental personnel on their examinations

on mining claims are generally considered as confidential intra-
departmental communications which are not to be made avail-
able to mining claimants, disclosure of the factual information

in such reports will be permitted.-
RAILROAD GRANT LANDS
1. Legal title, although not record title, to granted lands passes to a

railroad under a railroad land grant act upon the filing of a map
of definite location of the railroad and such title is subject to
divestiture by adverse possession under state laws prior to the

issuance of patent to the granted lands----
2. Where a railroad has lost title to granted but unpatented lands as a

result of adverse possession, a release filed by the railroad pur-
suant to the Transportation Act of 1940 reconveys or relinquishes

nothing to the United States---
3. Although the title of a railroad to unpatented granted land may have

been extinguished by adverse possession, the Department has no
authority in the absence of legislation to issue a patent to the

land to the adverse possessor--
REGULATIONS

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WAIVER
1. The failure of a high bidder at a sealed bid auction to submit with his

bid a statement of his citizenship and interests in other holdings
required by regulation and the invitation to bid may be waived
where the default has given him no advantage over the other

bidder
RULES OF PRACTICE
APPEALS

Generally
1. Where in a motion for reconsideration the appellant questions the

Board's finding that a substantial portion of a claim for rock
excavation represents work performed below subgrade for which
the contract provides no basis for reimbursement but fails to
show that the contracting officer or the Government engineering
personnel concerned were involved in any way in the appellant's
decision to proceed with the subgrade excavation, the Board's
earlier decision that the work so performed was voluntary and not

of the character for which the Government is liable is affirmed.--
2. The overriding consideration in ruling upon requests for discovery is

whether making available the information sought is consistent
with the objective of securing just and inexpensive determination
of appeals without unnecessary delay, with consideration given to

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RULES OF PRACTICE-Continued
APPEALS-Continued
Generally-Continued

(i) the attainment of that objective in the particular case; (ii) the
showing made by the party seeking discovery; (iii) the claims of
privilege asserted; and (iv) the likelihood of hardship resulting
from granting particular requests. Absent hardship and privilege,
the scope of inquiry may encompass any material relevant to the
subject matter and need not be limited to the precise issues in-
volved, even though such material may not be admissible as evi-

dence at the hearing-

Burden of Proof
1. In cases involving a hearing the weight to be given to documents in-

cluded in the appeal file on controverted issues is dependent upon
the nature of the evidence offered in support by the party con-
cerned ; hence, the Board will accord only limited weight to the
uncorroborated portion of an affidavit of a former officer of the
appellant corporation who purports to have personal knowledge
of the facts pertaining to the issues in dispute, even though the
appellant shows by uncontradicted testimony that the former
officer is no longer employed by the corporation and that his present

whereabouts are unknown.---

Dismissal
1. An appellant's motion for reconsideration of a decision in which a hear-

ing was scheduled for the purpose of establishing whether the
board has jurisdiction over a claim for unnecessary acceleration
of construction costs is denied where it is found that a crucial
allegation made by appellant is contradicted by information fur-
nished to the contracting officer in support of the claim and that
the evidence to be developed at a hearing may resolve the apparent

contradiction and the jurisdictional questions presented..
2. A government motion for reconsideration of a decision dismissing a

contractor's claim for loss of commercial business as sounding
in breach of contract is denied where the Governme alleges that
the claim could have been stated in such terms as to be cognizable
as a claim arising under the contract but the claim as actually sub-
mitted is clearly not, in fact, cognizable thereunder, and the Gov-
ernment fails to show that there are material facts in dispute
which could confer jurisdiction or that scheduling a hearing would

otherwise serve any useful purpose..
3. A claim first presented at the hearing of an appeal will be dismissed as

being outside of the jurisdiction of the Board-----
4. Where a general release executed on settlement of amounts due under

a contract contains exceptions as to certain pending claims but
fails to reserve a claim previously made, because of alleged inad-
vertence on the part of the contractor, such omission precludes
consideration of the merits of the claim by the Board and requires

its dismissal as being outside of the Board's jurisdiction.-----
5. Where delays occur in the performance of the contractor's work pend-

ing decisions by the Government on questions concerning drawings
and specifications, due to alleged lack of Government supervision,

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RULES OF PRACTICE-Continued
APPEALS-Continued
Dismissal-Continued

or because of the actions of other contractors, an appeal based on
such claims will be dismissed as being outside the Board's juris-
diction, in the absence of a contract provision of the "pay for

delay" type-----
6. Under a contract modification agreement for equitable adjustment

purporting to settle and release claims presented by the con-
tractor as additional expenses of coping with conditions encoun-
tered in constructing foundations of a building, an appeal based
on the allegation that the contractor is entitled to additional com-
pensation, for the reason that the conditions so encountered were
alleged to be changed conditions, will be dismissed, since the

Board has no authority to reform a contract--
7. A claim for additional compensation based on alleged unreasonable

delay by the Government in issuing a notice to proceed will be dis-

missed as being outside the jurisdiction of the Board----
8. A mistake-in-bid claim previously ruled upon adversely by the Comp-

troller General was dismissed by the Board since, irrespective of
the legal theory relied upon (e.g., the Law of Restitution and
particularly the theory of Unjust Enrichment), the Board is

without jurisdiction in the matter...
EVIDENCE
1. In cases involvin a hearing the weight to be given to documents in-

cluded in the appeal file on controverted issues is dependent upon
the nature of the evidence offered in support by the party con-
cerned; hence, the Board will accord only limited weight to the
uncorroborated portion of an affidavit of a former officer of the
appellant corporation who purports to have personal knowledge of
the facts pertaining to the issues in dispute, even though the ap
pellant shows by uncontradicted testimony that the former officer
is no longer employed by the corporation and that his present

whereabouts are unknown.-.
2. A motion by appellant for an order directing the Government to pro-

duce for inspection and copying, documents relating to the draft-
ing, approval and promulgation of certain regulations will be de-
nied without prejudice to its later renewal where it appears that
the appellant has not taken advantage of inspection and copying
rights accorded by the Government bodies in possession of such
documents, in accordance with the regulations of those

agencies
3. The overriding consideration in ruling upon requests for discovery is

whether making available the information sought is consistent
with the objective of securing just and inexpensive determination
of appeals without unnecessary delay, with consideration given to
(i) the attainment of that objective in the particular case; (ii)
the showing made by the party seeking discovery; (iii) the
claims of privilege asserted; and (iv) the likelihood of hard-
ship resulting from granting particular requests. Absent hard-
ship and privilege, the scope of inquiry may encompass any

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