MINING CLAIMS-Con.
SURFACE USES-Con.
to constitute a discovery,
and whether the dis-
covery was made prior to
the effective date of the
Act____
2. Testimony by a government
mineral engineer that he
examined the mining
claims and the workings
thereon and sampled the
areas recommended by
the claimant but found
no evidence of a valuable
mineral deposit which
would have in the past
or present justified a
person of ordinary pru-
dence in the further ex-
penditure of his time and
means in an effort to
develop a valuable mine,
is sufficient to establish a
prima facie case of ab-
sence of a discovery so as
to subject a mining claim
to the limitations imposed
by section 4 of the Act of
July 23, 1955.
3. Where a verified statement
filed pursuant to the
Surface Resources Act
of July 23, 1955, fails
to set forth, as required
by section 5(a)(3) of the
Act, all of the sections
of public land which are
embraced within each of
the claimant's mining
claims, the statement is
defective as to an
inadequately described
claim and said claim
is subject to the limita-
tions and restrictions of
the Act.
Act, 42 U.S.C. § 4332
(1970) -
ENVIRONMENTAL STATEMENTS
1. In accordance with guide-
lines provided by the
Council on Environmen-
tal Quality, 36 F.R. 7724,
detailed environmental
statements are not re-
quired under section 102
(2) (C) of the National
Environmental Policy
Act of 1969, 42 U.S.C.
§ 4331(2)(C) (1970). in
connection with the can-
cellation of a timber
sale contract where it
is not reasonable to an-
ticipate a cumulatively
significant adverse effect
on the environment____.
NAVIGABLE WATERS
1. A lake is navigable in fact
when it is used, or is sus-
ceptible of being used, in
its ordinary condition, as
a highway for com-
merce, over which trade
and travel are or may be
conducted in the cus-
tomary modes of trade
and travel on water. A
meandered lake in Mon-
tana, containing 125 acres
and which is not over
NAVIGABLE WATERS-Con.
waist deep, is nonnaviga-
ble where it is located in
a remote region and there
is no evidence to show
that it has been used in
the past or is susceptible
of being used as a high-
way for commerce in the
future...
2. Title to the underlying bed
of a meandered lake
which is held to be
nonnavigable remains in
the United States where
all of the abutting up-
lands surrounding the
lake are still public lands
3. The Secretary of the Interior
has the authority and the
duty to determine what
lands are public lands of
the United States, includ-
ing the authority to deter-
mine navigability of a
lake to ascertain whether
title to the land underly-
ing the lake remains in
the United States or
whether title passed to
a State upon its admission
into the Union__.
OIL AND GAS LEASES
1. An oil and gas lessee must
comply with all the lease
terms, including the op-
erating regulations, at his
ACQUIRED LAND LEASES
1. The regulatory requirement
that an acquired lands
oil and gas lease offer
must be accompanied by
a statement showing the
extent of the offeror's
ownership of the operat-
ing rights to the frac-
tional mineral interest
not owned by the United
States in each tract cov-
OIL AND GAS LEASES-Con.
SURFACE USES-Con.
ered by the offer to lease
is satisfied by a statement
to the effect that the
offeror does not own an
oil and gas lease on any
part of the lands in
question_..
APPLICATIONS
Generally
1. The regulatory requirement
that an acquired lands
oil and gas lease offer
must be accompanied by
a statement showing the
extent of the offeror's
ownership of the oper-
ating rights to the frac-
tional mineral interest not
owned by the United
States in each tract cov-
ered by the offer to lease
is satisfied by a statement
to the effect that the
offeror does not own an
oil and gas lease on any
part of the lands in
question_..
FUTURE AND FRACTIONAL IN-
1. Where an applicant for a
future interest oil and
gas lease of acquired
lands has interests only
in the land below 1,000
feet below the surface, it
does not own or control
all or substantially all
of the present operating
rights to the minerals in
the land; if it seeks only
a lease for the zone be-
low 1,000 feet, it is re-
questing a lease of a
horizontal zone, which is
granted, if at all, only
where the need for it is
clear and convincing; in
either case its offer for a
future interest lease must
be rejected....
1. In determining the amount of
royalty due to the United
States from production of
natural gas from an oil
and gas lease pursuant
to sec. 3, Act of August 8,
1946, 60 Stat. 951, it is
proper for the Geological
Survey to use a base
value which includes
both the purchase price
paid for the natural gas
as established by the
Federal Power Commis-
sion plus any additional
sum paid by the pur-
chaser of the gas to unit
operator as consideration
for the purchase of gas
from the unit of which the
federal lease is a part..
SUSPENSIONS
1. An oil and gas lessee must
comply with all the lease
terms, including the
operating regulations, at
his own expense_
PATENTS OF PUBLIC LANDS
1. Where the Secretary of the
Interior is required by the
Act of June 21, 1934,
upon application by a
state, to issue a patent
to the state for school
lands and to show the
date title vested and the
extent to which the lands
are subject to prior con-
ditions, limitations, ease-
ments, or rights, if any,
he (and his delegates)
may determine questions
of law as well as fact, in-
cluding a determination
as to whether title passed
under the school land
grant__
1. From the latter part of the
19th century to the Tay-
lor Grazing Act of June
28, 1934, there was a gen-
eral policy of the federal
government to permit ac-
quisition of title to open,
unreserved public lands
by individuals settling
upon the land, including
Indians, but vested rights
were obtained to the
lands only upon compli-
ance with a specific act
of Congress, and only for
the maximum acreage al-
lowable under that law..
JURISDICTION OVER
1. The Secretary of the Interior
has the authority and the
duty to determine what
lands are public lands of
the United States, includ-
ing the authority to de-
termine navigability of a
lake to ascertain whether
title to the land under-
lying the lake remains in
the United States or
whether title passed to
a State upon its admis-
sion into the Union___.
RAILROAD GRANT LANDS
1. A release filed by a land-grant
railroad pursuant to sec-
tion 321(b) of the Trans-
portation Act of 1940, 54
Stat. 954, extinguishes
the right of the railroad
or its attorneys-in-fact to
select lands or receive
compensation in lieu of
lands originally acquired
by it under the Act of
July 27, 1866, in aid of
construction of the rail-
road but relinquished un-
der the Act of June 4,
1897-
1. A contractor's application to
take depositions of re-
tired Bureau employees
and of a newspaper re-
porter will be denied,
since such prospective
witnesses are not under
the control of the Gov-
ernment and the Board
has no jurisdiction over
third parties_ - -
2. A contractor who fails to take
advantage of Govern-
ment offers to examine
certain information rela-
tive to its claims is not
entitled to have its appli-
cation to take the depo-
sitions of Government
employees for purposes of
discovery granted, as the
contractor has not shown
good cause as required by
the Board's rule govern-
ing discovery (43 CFR
4.115).
3. An appeal will be dismissed
where there is no justici-
RULES OF PRACTICE-Con.
APPEALS-Con.
able issue or where the
appeal is moot - - - - -
4. Upon appeal from a decision
of an Administrative Law
Judge, the Board of Land
Appeals may make all
findings of fact and con-
clusions of law based
upon the record just as
though it were making
the decision in the first
instance_.
BURDEN OF PROOF
1. A construction contractor's
claim for an equitable
adjustment is denied
where the evidence shows
that payment for the
overlay work involved
in repairing eroded pave-
ment was provided for
in an accepted change
order and the appellant
failed to sustain its bur-
den of showing that the
straitened financial cir-
cumstances in which the
contractor was in at the
time of the change order
was the result of wrong-
ful action by the con-
tracting officer or other
Government personnel
administering the con-
tract under which the
claim of duress was as-
serted....
2. The Board denies a Govern-
ment motion for recon-
sideration where it finds
that a diary entry con-
tained in an exhibit
offered in evidence by the
Government, together
with the testimony of a
witness for the appellant
created an inference that
the Government was re-
sponsible for an indeter-
minate portion of a pro-
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