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 Page 196 238 Such a statute is necessary, and therefore applicable, only where there 238 1. As a general rule, under Federal law and State laws, pre-flight waivers AMOUNT OF DAMAGES 1. Upon the presentation of proper proof, an award of damages to one 2. As a general rule, any payment to an injured party from a collateral CONFLICTS OF LAW 1. The fact of whether an individual is or is not an employee of the 2. In veiw of the state of the authorities, it is not possible to state with DISCRETIONARY FUNCTIONS 1. A decision not to place culverts under an irrigation lateral, made at PERSONAL INJURY OR DEATH 1. In wrongful death actions brought under derivative type statutes, pre- 493 48 48 196 493 237 493 TORTS-Continued PERSONAL INJURY OR DEATH-Continued 2. In wrongful death actions brought under nonderivative type statues, 1. The fact of whether an individual is or is not an employee of the 1. Electric transmission line easement which gives the grantee the right 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 2. In opening reclamation withdrawn land to mining location it is neces- 1. As a result of the general withdrawals accomplished by Executive 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 |