The lands classified as non-mineral are hereby restored to disposition under the public land laws appropriate thereto, and you will cause proper notices to be made upon the records of your office and of the local land office. The withdrawal of lands classified as containing deposits of oil will be continued temporarily pending consideration of the question of legislation upon the subject, unless it be shown by reclassification or sufficient evidence that any particular tract or tracts thereof do not in fact contain oil. Very respectfully, RA BALLINGER Secretary. WITHDRAWAL OF JUNE 19, 1909. JUNE 19, 1909. The COMMISSIONER OF THE GENERAL LAND OFFICE. SIR: I am in receipt of petitions from the Mammoth Oil & Gas Company of Vale, Oregon, and other corporations and individuals, requesting the withdrawal from entry of certain lands in Malheur County, Oregon, stated to be unfit for agricultural or grazing and chiefly valuable for their deposits of petroleum oil and gas. The purpose of the withdrawal is stated to be that the lands may be prospected and exploited for their mineral deposits. The tracts involved are described as follows: Sections 15, 21 to 28, and 33 to 35, inclusive, all in township 19 South, range 43 E. W. M.; sections 14, 15, 17 to 20, S./2 of 21, and 22 to 35, inclusive, all in township 19 South, range 44, E. W. M.; sections 2, 4, 8, 10, 14, 15, 17 to 22, 24, 26, and 28 to 34, inclusive, all in township 19 South, range 45 E. W. M.; sections 18 and 30 in township 19 South, range 46, E. W. M.; sections 1, 2, 3, E./2 4, 10 to 15, 22 to 27, inclusive, all in township 20 South, range 43, E. W. M.; sections 1 to 7, 9 to 14, 17 to 19, and 23 to 25, inclusive, all in township 20 South, range 44, E. W. M.; sections 2 to 15, 17 to 21, and 28 to 30, inclusive, all in township 20 South, range 45 E. W. M.; sections 8, N./2, 18, and 32, all in township 17 South, range 45, E. W. M.; sections 4 and 10, township 18 South, range 45, E. W. M. In view of the decisions of the courts to the effect that there can be no reservation of public lands from sale except when authorized by some treaty, law or authorization from Congress, I must hold that I am not authorized to withdraw the land for the purpose indicated. However, there has been introduced in Congress a bill, Senate 2623, which proposes radical changes in the method of acquiring and disposing of public lands of the United States containing deposits of oil and, in view of the pendency of this legislation and of the further fact that lands in the State of California, withdrawn by my predecessor, and classified as containing deposits of oil, are withheld from entry because of pending legislation of this nature, I have to direct that the lands here involved be temporarily withdrawn from all forms of location and disposal under the public land laws, subject to valid existing rights, pending consideration by Congress at its next session of the bills hereinbefore described. You will make appropriate notations upon your records and advise the local land officers hereof. Applications, selections, entries and proofs based upon locations, settlements, or right initiated prior to the date of withdrawal may be received by the local land officers and allowed to proceed under the rules up to and including the submission of final proofs. The purchase money will not be received or final certificates of entry issued in nonmineral cases pending investigation as to the validity of the claims with regard to the character of the land. Very respectfully, RA BALLINGER Secretary. [Notification to Register and Receiver, Burns, June 26, 1909.] WITHDRAWAL OF JUNE 22, 1909. JUNE 22, 1909. REGISTER AND RECEIVER, SIRS: Visalia, California. Referring to office letter of even date advising your office of the classification by the U. S. Geological Survey of certain lands within your district, included in withdrawals made by order of the Secretary of September 14, 1908, you are advised that the U. S. Geological Survey have classified as oil lands the following tracts that were outside of the withdrawal: The lands are temporarily withdrawn from agricultural entry pending the consideration of legislation upon the subject, unless it be shown by reclassification, or sufficient evidence, that any particular tract or tracts thereof do not in fact contain oil. Make proper notation hereof upon your records. I have the honor to submit herewith a report with accompanying diagrams, by Mineral Inspector Thos. S. Harrison, and approved by Chief of Field Division, of an examination of certain townships in Wyoming, which were withdrawn from agricultural entry by office letters N of April 1, 1903,' to the local officers at Douglas and Buffalo, Wyoming, in order that parties might have opportunity to develop the land for alleged oil deposits. The lands included in said withdrawal are described as follows: Sections 25 to 36 inclusive, of T. 42 N., R. 78 W. Sections 1 to 6 inclusive, T. 38 N., R. 78 W. 1 See p. 83. In view of the report of Mineral Inspector Harrison, it is recommended that the suspension be continued pending examination and classification as to the mineral (oil) character of the lands by the U. S. Geological Survey. Approved: July 26, 1909. FRANK PIERCE Acting Secretary. Very respectfully, S. V. PROUDFIT Acting Commissioner. PERIOD FROM SEPTEMBER 17, 1909, TO JUNE 30, 1910. LETTER OF SEPTEMBER 17, 1909, FROM DIRECTOR TO SECRETARY. I have the honor to transmit herewith a copy of a letter addressed to your predecessor in February, 1908. The arguments presented in support of the recommendation made at that time are still valid, and they have been amplified in the Survey's Conservation report on the petroleum resources of the United States, a copy of which I submit herewith. In this report it is shown that the present production of petroleum exceeds the legitimate demands of the trade and that inasmuch as the disposal of the public petroleum lands at nominal prices simply encourages overproduction the logical method of checking this unnecessary waste would be to secure the enactment of legislation that would provide for the sane development of this important resource. In view of the well known facts of the mode of occurrence of oil and the all too common practice of drilling wells close to boundary lines of private holdings that are being developed for oil, conservation of the petroleum supply demands a law that will provide for disposal of the oil remaining in the public domain in terms of barrels of oil rather than of acres of land. I have the honor to also call your attention to the estimate in the petroleum report that at least one-half pint of lubricating oil is used for every ton of coal converted into power, and that this quantity of lubricating oil represents over a half-gallon of crude petroleum. Taking this into account as well as the increasing use of fuel oil by the American Navy there would appear to be an immediate necessity for assuring the conservation of a proper supply of petroleum for the Government's own use. I would therefore renew my recommendation that pending the enactment of adequate legislation on this subject, the filing of claims to oil land in the State of California be suspended. In this connection it is important to note that acting on my report of June 4, 1909,3 classifying certain oil lands in California, the Commissioner of the General Land Office issued instructions to Registers and Receivers to withhold those oil lands from agricultural entry pending consideration of the question of legislation. The area of oil land affected by this action is about 427,000 acres, to at least 40 per cent of which the Government retains title. In several townships, notably T. 32 S, R. 22 E.; T. 32 S., R. 23 E.; T. 32 S., R. 21 E.; T. 30 S, R. 21 E.; T. 31 S., R. 23 E.; T. 31 S., R. 22 E.; T. 31 S., R. 24 E. of the Mount Diablo Meridian; and in T. 11 N., R. 24 W., and T. 12 N., R. 25 W., of the San Bernardino Meridian, there are com 1 See p. 104. 2 Day, D. T., The petroleum resources of the United States; Papers on the conservation of mineral resources: U. S. Geol. Survey Bull. 394, pp. 30-50, 1910. * See p. 119. pact areas of unappropriated oil land, each including from 6 to 16 contiguous sections. Very respectfully, GEO. OTIS SMITH Director. LETTER OF SEPTEMBER 17, 1909, FROM SECRETARY TO PRESIDENT. SEPTEMBER 17, 1909. The PRESIDENT, SIR: White House. I have the honor to bring to your attention the subject of the conservation of the petroleum resources of the public domain, with special reference to the present and future requirements of the American Navy. The six largest battleships in commission or under construction are equipped for the use of either oil or coal and the fourteen latest destroyers use oil exclusively. The Geological Survey reports that the present rate of production of petroleum can not be maintained beyond a very few years, after which a marked decrease will result in an insufficient supply and increased prices. At present the production exceeds the legitimate demands of the trade and inasmuch as the disposal of the public petroleum lands at nominal prices simply encourages overproduction the logical method of checking this unnecessary waste would be to secure the enactment of legislation that would provide for the sane development of this important resource. In view of the well known facts of the mode of occurrence of oil and the all too common practice of drilling wells close to boundary lines of private holdings that are being developed for oil, conservation of the petroleum supply demands a law that will provide for the disposal of the oil remaining in the public domain in terms of barrels of oil rather than of acres of land. The Navy has a further interest in the conservation of the petroleum supply by reason of the absolutely necessary use of petroleum products for lubrication. A very conservative estimate is that at least one-half pint of lubricating oil is used for every ton of coal converted into power and that this quantity of lubricating oil represents over a half-gallon of crude petroleum. 1 The recommendation was made by the Director of the Geological Survey in February, 1908 to my predecessor that the filing of claims to oil land in the State of California be suspended in order that the Government may continue the ownership of a sufficient supply of petroleum on the Pacific Coast where other fuel is expensive. No action to this end has been taken. Acting upon the Survey's report of June 4, 1909,2 classifying oil lands in California, the Commissioner of the General Land Office on June 22, 1909 issued instructions to the Registers and Receivers to withhold these oil lands from agricultural entry, pending consideration of the question of legislation. The area classified as oil land is 430,000 acres, to at least 40 per cent of which the Government still retains title. In several townships in this tract there are compact areas of unappropriated oil land, each including from 6 to 16 contiguous square miles. As a result of previous work by the Geological Survey similar action was taken in June, 19083 on 150,240 acres in California, classified as oil land, the title to a considerable portion of which is believed to remain in the Government. Furthermore there is at present withdrawn in California pending examination and classification by the Geological Survey, which work is now in progress, approximately 1,650,000 acres, of which 1,250,000 acres are withdrawn from all entry. 1 See p. 104. 2 See p. 119. 3 See p. 105. The time appears opportune for legislative action that will assure the conservation of an adequate supply of petroleum for the Government's own needs. This legislation should give authority to fix the terms of disposition of public oil lands so as to provide for the future demands of the Navy and should also authorize the permanent reservation of such areas as the Executive, after full investigation, may find necessary for this Federal purpose. It is believed that such legislation would not interfere with the profitable development and utilization of the California oil pools. In aid of such legislation and indeed as essential to the accomplishment of its purpose, all the lands hereinbefore mentioned should be temporarily withdrawn from all forms of filing, entry and disposal, including mineral entry. I have the honor to be, Very respectfully, Secretary. TELEGRAM OF SEPTEMBER 26, 1909, FROM SECRETARY TO ACTING SECRETARY. Telegram. SALT LAKE, UTAH, Sept. 26, 1909. ACTING SECRETARY PIERCE, Interior Dept., Washington, D. C. Have conferred with President respecting temporary withdrawals covering oil lands if present withdrawals permit mining entries being made of such lands wish the withdrawals modified at once to prohibit such disposition pending legislation. BALLINGER TELEGRAM OF SEPTEMBER 26, 1909, FROM DIRECTOR TO A. C. VEATCH.· VEATCH, Telegram. SALT LAKE CITY, UTAH, Geological Survey, Washington, D. C. Secretary ordered withdrawal mineral entry all public oil lands advise department what in California and elsewhere tell Mitchell Goldfield Tuesday. SMITH WITHDRAWAL OF SEPTEMBER 27, 1909.1 SEPTEMBER 27, 1909. The Honorable, The SECRETARY OF THE INTERIOR. SIR: In accordance with your orders I have the honor to submit the following recommendation which covers approximately 3,041,000 acres of which the larger part is probably private land and not affected by this withdrawal. TEMPORARY PETROLEUM WITHDRAWAL No. 5. In aid of proposed legislation affecting the use and disposition of the petroleum deposits on the public domain, all public lands in the accompanying lists are hereby temporarily withdrawn from all forms of location, settlement, selection, filing, entry, or disposal under the mineral or non-mineral public land laws. All locations or claims existing and valid on this date may proceed to entry in the usual manner after field investigation and examination. 1 This order declared valid by decision of the United States Supreme Court in the case of the United States vs. The Midwest Oil Company, handed down February 23, 1915 (236 U. S. 459). |