Show New Prospecting Ruling f r p Is Made by Land Office 3 j Instructions Issued by Commissioner Affects Permits Permits Per Per- mits and Entries I HE E following instructions on prospecting permits and non- non 1 1 mineral entries are being beig sent out from Washington by C Commissioner Corn Com m- m missioner Clay Tallman Talan of the general land office Instructions have been requested from several local land laud offices as a to the proper procedure to take tae in connection with non- non nerl applications or selections filed fied C for lands lad embraced In applications for permits or leases or which may be subject t to pr preference ference rights right under uder the he leasing ig act at of February 25 1920 C. C A prospecting permit Is granted Inc in c contemplation of a future lease lese for a 1 land In of nut t or all a of the same case discovery thence as a to subsequent non- non mineral entries ente with wih a reservation of the oil oi and gas t to the te United States the lands embraced gs in a prospecting permit C should be treated the same as If t embraced embraced em- em h braced in an oil 01 or gas ga lease with wih a reservation res- res to the United Unie States of America of of the right to t lease sell sel or otherwise x dispose of the tho surface lands lads embraced f r. r within such lease lese under existing law o or laws hereafter enacted in so far as sai said sid surface is not necessary for the use o of the lessee in extracting or removing the 1 deposits therein pursuant to section 2 29 act As the placing of such f of i the leasing lesing at te CC a a ft reservation In a lease is made discretionary with the secretary it I necessarily L follows that any disposition of the surface surface surface sur sur- face of lands embraced in permits or leases leses is by act left lef entirely discretionary with the land department to be determined determined determined deter- deter mined on the th facts of each particular a case se C The relief sections sections' of the act actIS 18 IS iSa 19 9 and 22 recognize equitable rights in the the owners and occupants of ot 1 claims initiated under the general mining min min- ing laws and accord to them a preference right which may be exercised by applyIng applying applying apply apply- I ing within the time and in the manner i prescribed by sections for oil 01 and ga gas gs' gs leases or permits Those prior rights of ot cims claims If I asserted within the time accorded accorded accorded ac ac- ac- ac corded the claimants by the statute are superior both In time and right to non- non mineral applications or selections having having haying hav hay ing their inception sub subsequent to the leasing act It is apparent also that the of ot appropriations of the surface of ot vacant lands in producing structures will wi Interfere wih with the leasing C of such lands by competitive bidding un under under under un- un der section 17 of the leasing act OUTSIDE PRODUCING STRUCTURES You iou ou are therefore directed 1 In all an cases of ot applications to make mae maen n entries or selections of lands o outside of ot areas which have been ben designated designated designated by the department as a within the geologic structures or producing oil 01 or gas fields felds and which lands are also embraced in applications for tor prospecting permits or oc or in perm It granted such applications should bould be received noted on your records suspended and transmitted i ito to to the commissioner of the general land I office for Instructions If I in any case such entry or selection shall bo b allowed by you on instructions from the commissioner the same sae will wi be with a reservation of tile te oil 01 or gas to the United States and subject to the rights of the party or lessee as the case may be to toC C C use so much of ot the surface of such land C as is necessary in extracting and removing removing removing re- re moving the mineral deposits without compensation to the entry entry- man for such use in accord with wih section 29 of ot the lesing leasing act act IN PRODUCING PRODUCING STRUCTURES 2 You will wi reject all applications to enel enter file fie upon or selection al under tons the c. c land laws lands which have been or shall shaU be designated by the hav department de de- de- de as within tho the known geologic structures of ot producing oil or gas fields 01 C pending t con consideration by the department fc Qt of the tho agricultural character and value such ot lands and a determination as to r whether the surface of the land is of C Agricultural character and value and may mav rhe be disposed of without detriment to th the public interest U. U 3 3 All AU homestead entries or other non- non mineral filings or selections allowed prior to j-to receipt of these instructions and subsequent subsequent subsequent sub sub- sequent to February 24 1920 which are round found to be in conflict with wih preference rights timely assorted under the reme dial provisions of oC the act of f February 24 1920 shall be suspended pending consideration consideration con con- of the application for tor the permit permit permit per per- mit or lease leae and ancl the parties in interest so advised If It I the permit partes or lease leae be al allowed at- at lowed or granted such homestead entry I or other allowed o application p or i iare a fJ selection 1 1 will ie be cancelled if the lands are within designated geologic structure of producing oil oi or gas fields If I outside I of ot such designations the agricultural entries entries entries en en- tries applications or selections will wi be allowed to stand stad or will wi be b canceled In Inthe Inthe Inthe the discretion of the department as provided provided provided pro pro- vided in section 1 hereof LIABILITY FOR DAMAGES I 4 Your attention is drawn to the distinction distinction dis dis- I dis I which exists under the law with respect to the rights of and f lessees of mineral deposits in cases where I the entry or selection is allowed allowed al- al al 1 lowed subsequent to the application for I permit or lease or subsequent to February 25 25 1920 in conflict with rights recognized recognized recognized I by sections 18 18 ISa 19 and nd nd 22 of the leasing act and those cases caes caes where the entry filing fing or or selection I wi with t a reservation of the mineral either at time of entry or later under the act I of July 17 1914 36 Stat 50 or December December December Decem Decem- ber 36 Stat precedes the I permit lease lese or mineral minera right for in the the I latter case cae the non claimant is entitled to be b reimbursed for all al damages damages damages dam dam- I ages to crops and Improvements by reason reason rea rca son of the tho operations of the or lessee as provided in those acts act while in the former the te respective rights of ot the mineral and surface claimants claimant are I I governed by section 29 of the leasing act |