§ 160.19 Assignment of lease; subleases of leased land. Proposed assignments of a lease, and proposed subleases of the leased lands, in whole or in part, must be filed in the district land office and may be approved by the Director. The assignments and subleases must contain all of the terms and conditions agreed upon by the parties thereto; must be accompanied by the same showing by the assignee or sublessee as is required of applicants for a lease; and must be supported by a showing that the assignee or sublessee agrees to be bound by the provisions of the lease. No assignment or sublease will be recognized unless and until approved.

§ 160.20 Leases pledged as security for loans. (a) A lease may be pledged as security for a loan of $500 or more from a lending agency when the loan is made for the purpose of furthering the lessee's livestock operations. Before a loan is made, the lending agency may ascertain from the district land office the status of the grazing lease and other pertinent information concerning the lease.

(b) Upon request of the borrowerlessee, where such extension will be in accordance with applicable law and not contrary to the public interest, the lease will be extended for a period of ten years from the date of the loan subject to such terms and conditions as are then provided by the regulations in this part.

(c) In case the property of the lessee which was the basis for the granting of a preference right, is acquired by the lending agency through foreclosure or otherwise, such agency or its tenants on the property, if qualified, or any person who purchases the property from such agency, if qualified, on application, shall be recognized in lieu of the lessee. If in making a sale the lending agency takes back a mortgage on the property, the agency shall be entitled to the same consideration as in the case of the original loan.

(d) Where a lending agency files notice that it has made a loan and has accepted a grazing lease as security therefor, in conformity with the provisions of this section, such agency will be advised of any action taken affecting the lease.

§ 160.21 Appeals. An appeal may be taken from any decision of the Director

NOTE: In accordance with the provisions of § 161.8 (b) of the Federal Range Code for Grazing Districts (43 CFR, 1946 Supp., 161.8 (b)), notice is hereby given that effective May 1, 1947, a grazing fee of eight cents per head for cattle and horses and one and three-fifths cents per head for sheep and goats will be charged each regular licensee or permittee for each month of the grazing period covered by the licenses or permit: Provided, That the increased rates will not apply where licenses and fee notices have been issued prior to the date of the publication of this notice in the FEDERAL REGISTER. In such instances, the rate of five cents an animal unit month will apply until the next license or fee notice is issued.

This notice will not prevent the fixing of a different fee in appropriate cases, in accordance with the proviso to § 161.8 (b) of the Federal Range Code for Grazing Districts.

CODIFICATION: The note set forth above was added to § 161.8 (b) by Circular 1636, Director, Bureau of Land Management, approved by the Acting Secretary of the Interior, Mar. 3, 1947, 12 F.R. 1683.

[Preceding note, in small type, superseded by following note, also in small type, during period covered by this Supplement]

NOTE: In accordance with the provisions of § 161.8 (b) of the Federal Range Code for Grazing Districts (43 CFR, 1946 Supp., 161.8 (b)), notice is hereby given that effective August 6, 1947, and pursuant to Public Law 376 (80th Cong.), approved August 6, 1947, a grazing fee of six cents per animal-unit month and a range-improvement fee of two cents per animal-unit month will be charged each regular licensee or permittee for each month of the grazing period covered by the licenses or permits, as follows:

1. Grazing fee: Six cents per head for cattle and horses, one and one-fifth cents per head for sheep and goats.

2. Range-improvement fee: Two cents per head for cattle and horses, two-fifths cent per head for sheep and goats.

Provided, That as to licenses or fee notices issued prior to August 6, 1947, three-fourths of any collections made thereunder on or after August 6 shall be considered as from

grazing fees and one-fourth as from rangeimprovement fees, and no increase in fees shall be effected hereunder as to such licenses or fee notices until the next license or fee notice is issued.

This notice will not prevent the fixing of a different fee in appropriate cases, in accord

ance with the proviso in § 161.8 (b) of the Federal Range Code for Grazing Districts.

CODIFICATION: The note following § 161.8 (b) was amended to read as set forth above by Circular 1651, Director, Bureau of Land Management, approved by the Under Secretary of the Interior, Aug. 18, 1947, 12 F.R. 5731.

§ 181.41 Rights of minor veterans of World War II under the homestead laws. Pursuant to the act of June 25, 1946 (60 Stat. 308), a person who has served or may serve in the military or naval forces of the United States for a period of at least 90 days during World War

II and is honorably discharged, and who is under 21 years of age, is entitled to the benefits, rights and privileges, with respect to homestead entries and applications, conferred by the act of Septem

ber 27, 1944 (58 Stat. 747; 43 U. S. C. 279-283) and the regulations contained in §§ 181.36-181.40. (Sec. 5, 58 Stat. 748; 43 U.S.C. 283) [Circ. 1635, approved Feb. 11, 1947, 12 F.R. 1153]

PART 185-GENERAL MINING
REGULATIONS

Subpart D-Procedure to Obtain Patent

LODE CLAIMS

Sec. 185.54 Application for patent. [Amended] § 185.54 Application for patent. Every application for patent, based on a mining claim located after August 1, 1946, shall state whether the claimant has or has not had any direct or indirect part in the development of the atomic bomb project. The application must set forth in detail the exact nature of the claimant's participation in the project, and must also state whether as a result of such participation he acquired any confidential, official information as to the existence of deposits of uranium, thorium, or other fissionable source materials in the lands covered by his application. (R. S. 453, 2478; 43 U.S.C. 2, 1201) [Circ. 1658, approved Oct. 13, 1947, 12 F.R. 6831]

CROSS REFERENCE: For definition of fissionable source materials, see Atomic Energy Commission's regulation, Title 11, supra.

PART 191-GENERAL REGULATIONS

APPLICABLE TO MINERAL PERMITS, LEASES AND LICENSES

Sec. 191.6

191.8 191.15

GENERAL PROVISIONS

Special stipulations for lands in na-
tional forests and reclamation
projects. [Revised]
Interests held in common. [Revised]
Reinstatement of rejected applica-
tions for lands restored from with-
drawal or use for war purposes.
[Added]

AUTHORITY: §§ 191.6, 191.8, and 191.15 issued under 41 Stat. 450, 44 Stat. 302, 1058, Pub. Law 696, 79th Cong., 60 Stat. 950; 30 U.S.C. 189, 275, 285.

SOURCE: §§ 191.6, 191.8, and 191.15 contained in Circular 1623 (a), Acting Secretary of the Interior, June 6, 1947, 12 F.R. 3890, except as noted following provision affected.

§ 191.6 Special stipulations for lands in national forests and reclamation proj

ects. Applicants for permits, leases and licenses for lands in national forests will be required to consent to the inclusion therein of the stipulation on Form 4-216.1 Where the land has been withdrawn for reclamation purposes the applicant may be required to consent to the inclusion of a stipulation on Form 4-467 if the lands are potentially irrigable, or Form 4-467 (a) if the lands are within the flow limits of a reservoir site, or Form 4-467 (b) if the lands are within the drainage area of a constructed reservoir. Other conditions may be imposed, if deemed necessary, to protect the lands withdrawn for reclamation purposes.

§ 191.8 Interests held in common. An association shall not be deemed to exist between the parties to a contract for development of leased lands, whether or not coupled with an interest in the lease, nor between co-lessees, but each party to any such contract or each colessee will be charged with his proportionate interest in the lease. No holding of acreage in common by the same persons in excess of the maximum acreage specified in the law for any one lessee or permittee for the particular mineral deposit so held will be permitted.

§ 191.15 Reinstatement of rejected applications for lands restored from withdrawal or use for war purposes. Hereafter, upon publication of a revocation of a withdrawal or of a use permit made or granted in connection with the prosecution of World War II, a mineral permit or lease applicant whose application was rejected solely because of the subsequent withdrawal of the land for use in connection with the prosecution of the war or because, either before or after the application was filed, a permit was granted to use the land for war purposes, may apply for and obtain a reinstatement of his application. If the application for reinstatement is for lands restored from a withdrawal it must be filed prior to the date fixed for the filing of applications by the general public; if

1 Filed with the Division of the Federal Register.

192.83

RENTALS AND ROYALTIES

Limitation of overriding royalties. [Revised]

ASSIGNMENTS OR TRANSFERS

192.141 Requirements for filing assignments or transfers. [Revised]

192.145 Royalty interests in oil and gas leases and assignments thereof. [Revised]

AUTHORITY: §§ 192.4 to 192.145, appearing in this Supplement, issued under 41 Stat. 450, Pub. Law 696, 79th Cong., 60 Stat. 950; 30 U.S.C. 189.

SOURCE: $192.4 to 192.145, appearing in this Supplement, contained in Circular 1624 (a). Acting Secretary of the Interior, June 6, 1947, 12 F.R. 3890, except as noted following provisions affected.

ploration has been actually made if exercised prior to August 9, 1948, but no such option not so exercised will be recognized by the Department, thereafter, for any purpose. [Paragraphs (c) and (e) amended]

§ 192.8 Protection of leased lands from drainage.

CODIFICATION: The last sentence of § 192.8 was deleted by Circular 1650, Director, Bureau of Land Management, approved by the Assistant Secretary of the Interior, July 24, 1947, 12 F.R. 5184, 5487.

§ 192.9 Leases for wildlife refuge lands. No noncompetitive oil and gas lease under the act will be issued for lands within a wildlife refuge (a) unless those lands are subjected to an approved cooperative or unit plan, and (b) unless the lease contains a provision which prohibits drilling or prospecting on the refuge lands except when consented to by the Secretary of the Interior upon the advice of the Fish and Wildlife Service. Subject to the same two conditions, competitive leases also may issue for refuge lands. Even if these conditions are not met, competitive leases may nevertheless issue if Fish and Wildlife Service reports that oil and gas development may be conducted without destroying the usefulness of the lands as a sanctuary for wildlife, or, in the absence of such a report, wherever the Secretary determines that the national interest in securing the contemplated oil and gas production outweighs the importance of maintaining the refuge as a sanctuary for wildlife [Circ. 1662, approved Oct. 29, 1947, 12 F.R. 7334]

ISSUANCE OF LEASES

§ 192.40 Classes and term. All lands subject to disposition under the act which are known or believed to contain oil or gas may be leased by the Secretary of the Interior. When within the known geologic structure of a producing oil or gas field, such land may be leased only by competitive bidding and in units of not exceeding 640 acres to the highest responsible qualified bidder at a royalty Leases of not less than 122 per cent. for not to exceed 2,560 acres, in reasonably compact form, may be issued for all other land subject to the act to the first qualified applicant at a royalty of 121⁄2 per cent. No single lease will be issued embracing lands which cannot be included within a six mile square area.

Where an application covers tracts which cannot be so contained two or more leases, as may be necessary, will be issued. The right is reserved to suspend, or reject in whole or in part, applications involving scattered tracts considerably more than six miles apart. Hereafter, all leases, except those issued as renewals of 20 year leases, will be issued for a primary term of five years and so long thereafter as oil or gas is produced in paying quantities.

§ 192.40a Dating of competitive and noncompetitive oil and gas leases. All competitive and noncompetitive oil and gas leases will be dated as of the first of the month following the date the leases are signed on behalf of the lessor except that where prior written request is made a lease may be dated the first of the month within which it is so signed. [Circ. 1653, Aug. 21, 1947, 12 F.R. 5779]

NONCOMPETITIVE LEASES

§ 192.42 Applications for noncompetitive leases.

CODIFICATION: The second sentence in the first paragraph of § 192.42 was amended to read "All applications must be filed in duplicate and must be accompanied by the filling fee prescribed in § 191.11 of this chapter, and at least one-half of the first year's rental", by Circular 1649, Acting Secretary of the Interior, July 17, 1947, 12 F.R. 4908.

The last sentence of the first paragraph of § 192.42 was amended to read "Proof of the authority of the officer or agent who makes application on behalf of a corporation must be furnished", by Circular 1624 (a), Acting Secretary of the Interior, June 6, 1947, 12 F.R. 3890.

RENTALS AND ROYALTIES

overriding

§ 192.83 Limitation of royalties. Any agreement to create overriding royalties or payments out of the production of any lease which, when added to overriding royalties or payments out of production previously created and to the royalty payable to the United States, aggregate in excess of 171⁄2 per cent shall be deemed a violation of the terms of the lease unless such agreement expressly provides (a) that the obligation to pay such excess overriding royalties or payments out of production will be suspended and not be effective during any periods when the average

production per well per day is 15 barrels or less, and (b) that such suspension will apply separately to any zone or portion of a lease segregated for computing Government royalty.

ASSIGNMENTS OR TRANSFERS

§ 192.141 Requirements for filing assignments or transfers. All instruments of transfer of a lease or of an interest therein, including assignments of record title, working or royalty interests, operating agreements and subleases, must be filed for approval within 90 days from the date of final execution and must contain evidence of the qualifications of the assignee or transferee, consisting of the same showing required of a lease applicant by § 192.42 (b) and (c). If a bond is necessary, it must be furnished. Where an assignment does not create separate leases, the assignee, if the assignment so provides, may become a joint principal on the bond with the assignor. Assignments of record title interests must be filed in triplicate. A single executed copy of all other instruments of transfer is sufficient. If the instrument or an accompanying statement does not show the full and true amounts of all overriding royalties or payments out of production, any decision approving the transfer will require the transferee to furnish within 30 days from notice a complete showing of all outstanding overriding royalties and payments out of production affecting the transferred land, not theretofore shown, and upon his failure to do so the lease will be cancelled as provided in § 192.161.

The assignor or sublessor and his surety will continue to be responsible for the performance of any obligation under the lease until the assignment or sublease is approved. If the assignment or transfer is not approved, their obligations to the United States shall continue as though no such assignment or transfer had been filed for approval. After approval the assignee or sublessee and his surety will be responsible for the performance of all lease obligations notwithstanding any terms in the assignment or sublease to the contrary.

Unless the lease account is in good standing as to the area covered by the assignment when the assignment and bond are filed, or is placed in good standing before the assignment is reached for action the lease will be cancelled as provided in § 192.161.