페이지 이미지
PDF
ePub

SURFACE RESOURCES ACT

VERIFIED STATEMENT

1. The purchaser under a contract of sale of an undivided two-thirds interest in a mining claim may file the verified statement required of a mining claimant by section 5(a) of the act of July 23, 1955-SURVEYS OF PUBLIC LANDS

GENERALLY

1. A description in an oil and gas lease offer for acquired land of land in a right-of-way which is excluded from the land applied for is insufficient where the right-of-way is described only by giving the course and distance of the center line and the width of the rightof-way and by tieing the description to a quarter-quarter section corner---

TAYLOR GRAZING ACT

CLASSIFICATION

1. State selections in satisfaction of a legislative grant of public land are preferred over conflicting private applications even though the State application may have been filed subsequent to the private application if the interval between the two filings is not so great as to indicate that the State failed to exercise reasonable diligence in exercising its selection right__

2. The filing of a State selection application within six weeks after the filing of public sale applications for the same land evidences reasonable diligence by the State in the exercise of its selection right so that the State application merits consideration with the public sale applications and allowance unless such allowance would serve the public interest less effectively than allowance of the public sale applications__.

3. As a result of the general withdrawals accomplished by Executive Orders Nos. 6910 and 6964 and the provisions of sec. 7 of the Taylor Grazing Act, a State's application for indemnity school lands is a petition to classify the lands as suitable for State selection and until classification the lands are not available for selection____

TIMBER SALES AND DISPOSALS

1. Where damages for default by a bidder in a timber sale have been liquidated by the parties in the amount of a deposit submitted with the bid, such liquidated damages are for assessment as measuring the extent of the bidder's obligation in the matter without the necessity of inquiring into the question of the actual damages incurred.

TORTS

GENERALLY

1. The United States can be held liable under the Federal Tort Claims Act only if the individual whose alleged act or omission led to a claim against the Government is an employee of the United States. Hence, any question concerning that individual's employment is a threshold issue and must be considered at the outset____

Page

3

110

126

127

392

247

196

TORTS-Continued

GENERALLY-Continued

2. The fact that the United States supplies materials, personnel, and
funds for a project, carried out in cooperation with other organiza-
tions, does not make the project a joint adventure, unless there
was either an express or implied contract by which the United
States undertook to bind itself to the consequences of a joint
adventure
3. The immunity granted to the United States by 33 U.S.C. 702c from
liability of any kind for any damage from or by floods or flood
waters at any place is available to the United States as a defense
in suits brought under the Federal Tort Claims Act-----
4. The Flood Control Act, 33 U.S.C. 702c, is an immunity statute.

Page

196

238

Such

a statute is necessary, and therefore applicable, only where there
would be a liability without it----
AIRCRAFT

238

1. As a general rule, under Federal law and State laws, pre-flight waivers
of liability, in the form used by the Bureau of Reclamation,
obtained by the United States from nonofficial passengers on
Government aircraft will be upheld, except as against willful
misconduct or gross negligence---

AMOUNT OF DAMAGES

1. Upon the presentation of proper proof, an award of damages to one
injured through the negligence of another may include an allow-
ance for loss of wages and for pain and suffering---

2. As a general rule, any payment to an injured party from a collateral
source is not deductible from an award made to the injured party
against one who negligently caused the injury-

CONFLICTS OF LAW

1. The fact of whether an individual is or is not an employee of the
United States is a Federal question to be determined under Federal
law. The scope of the individual's employment is a question to
be determined under the law of the pertinent State_-

2. In veiw of the state of the authorities, it is not possible to state with
certainty whether State or Federal law will ultimately be accepted
as governing the effectiveness of pre-flight waivers of liability
obtained by the United States from nonofficial passengers on
Government aircraft..

DISCRETIONARY FUNCTIONS

1. A decision not to place culverts under an irrigation lateral, made at
the policy and planning level, when no danger from this method
of construction is apparent or realized, and a contrary decision
would affect the feasibility of the project, is a discretionary act
within the meaning of the discretionary function exception of the
Federal Tort Claims Act____

PERSONAL INJURY OR DEATH

1. In wrongful death actions brought under derivative type statutes, pre-
flight waivers of liability executed by the decedent have been given
the same effect as they would have been given in an action brought
by the decedent while still alive_-.

493

48

48

196

493

237

493

TORTS-Continued

PERSONAL INJURY OR DEATH-Continued

2. In wrongful death actions brought under nonderivative type statues,
pre-flight waivers of liability executed by the decedent may be held
not to bar the right of action, on the theory that the decedent could
not give away something which did not belong to him______.
SCOPE OF EMPLOYMENT

1. The fact of whether an individual is or is not an employee of the
United States is a Federal question to be determined under Fed-
eral law. The scope of the individual's employment is a question
to be determined under the law of the pertinent State-.
TRESPASS

1. Electric transmission line easement which gives the grantee the right
to maintain and keep parcel of land "at all times free and clear of
trees and brush" includes right to spray small natural growth con-
ifers which have not reached such height as to threaten physical
or electrical contact with the conductor or which have not reached
such density as to block maintenance access along the right-of-
way--

2. The owner of an electric transmission line easement may fully use the rights granted by the easement, including rights necessarily implied or incidental thereto____.

Page

493

196

217

217

3. The owner of electric transmission line easement is not limited in maintenance of the easement to those methods known or generally practiced at the time of acquisition but may use methods of maintenance reasonably necessary under existing conditions----

217

TRESPASS

GENERALLY

1. Occupancy of public lands, without authority after expiration or termination of a right-of-way permit constitutes a trespass___

UNITED STATES

1. The United States, not having intervened as a party and not being suable without its consent, is not bound by either the finding, the decision, of the final judgment of a state court in proceedings held to confirm a repayment contract--.

WATER AND WATER RIGHTS

GENERALLY

1. Nothing in the Reclamation Act of 1902 (32 Stat. 388) or its legislative history suggests that private landowners with water rights could participate in a project, pay their share of its cost, but be exempt from acreage limitation_____

2. Neither the existence nor nonexistence of a vested water right is itself determinative of whether the excess land laws are applicable in any given case-----

WATER COMPACTS AND TREATIES

1. The Bonneville Power Administrator, acting for and on behalf of the United States Entity designated pursuant to the Canadian Treaty, is carrying out the directives of Article VIII of the Treaty and the Exchange of Notes made pursuant thereto in executing the Canadian Entitlement Exchange Agreements---.

415

498

497

497

316

WITHDRAWALS AND RESERVATIONS

RECLAMATION WITHDRAWALS

1. Land withdrawn for reclamation purposes can be opened to location
under the mining laws only where the land is known or believed
to be valuable for minerals; consequently, nonmineral land in a
reclamation withdrawal cannot, in the absence of other considera-
tions, be opened for location of a mill site, which is locatable only
on nonmineral land------

2. In opening reclamation withdrawn land to mining location it is neces-
sary that each 10-acre subdivision be mineral in character but it is
not required that every acre of the 10-acre tract be mineral in
character; consequently where a tract of land is open to mining
location and part of the land is nonmineral in character, that part
of the land can be included in a mill site--___.
EXECUTIVE ORDER 6910

1. As a result of the general withdrawals accomplished by Executive
Orders Nos. 6910 and 6964 and the provisions of sec. 7 of the Tay-
lor Grazing Act, a State's application for indemnity school lands
is a petition to classify the lands as suitable for State selection
and until classification the lands are not available for selection___
EXECUTIVE ORDER 6964

1. As a result of the general withdrawals accomplished by Executive Orders Nos. 6910 and 6964 and the provisions of sec. 7 of the Taylor Grazing Act, a State's application for indemnity school lands is a petition to classify the lands as suitable for State selection and until classification the lands are not available for selection___ WORDS AND PHRASES

1. Lands which are “made" as that term is used in section 2(a)(3) of the Submerged Lands Act of May 22, 1953, 67 Stat. 29; 43 U.S.C., sec. 1301 et seq., include lands which are formed by natural processes as well as those which are man made_-_

2. "Available for leasing," as used in 43 CFR 192, 42(d) and decisions interpreting that regulation, means lands which are available for noncompetitive leasing under the Mineral Leasing Act-----

3. Actual drilling operations. The term "actual drilling operations” as used in section 4(d) of the Mineral Leasing Act Revision of 1960 means the actual boring of a well with drilling equipment and does not include such preparatory work as grading roads and well sites and moving equipment on the lease----

4. Congress has frequently used the word "homestead" in connection with the allotment of land to Indians to indicate merely that the land allotted was to be subject to special status and the use of the word "homestead" in the Alaska Allotment Act, 34 Stat. 197, as amended, 70 Stat. 954, is not necessarily indicative of an intention to superimpose the requirements of the general homestead laws on the express requirements of the Alaska statute_____

5. Title, Fish and Wildlife. Such title as a State may hold to wild animals is a trust interest for the benefit of its citizens, not a possessory title___.

6. Entry. An “entry,” within the meaning of the act of September 5, 1914, permitting a second homestead entry where a prior entry has been lost for reasons beyond the control of the entryman, includes the filing of an allowable homestead application in Alaska which is withdrawn by the applicant before it is allowed-----

U.S. GOVERNMENT PRINTING OFFICE 11965

Page

140

141

392

392

20

92

263

340

469

477

« 이전계속 »