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 accepted 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 conferred upon the offeror.--.
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....
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
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
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
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
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-----
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__
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---
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___
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_
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
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
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-
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-----
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 Government 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,
RULES OF PRACTICE-Continued
APPEALS-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_-_.
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 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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