of-way holder whose lease or right-ofway is so affected or a statement that he has delivered to each lessee or right-ofway holder whose lease or right-of-way is so affected personally or by registered or certified mail a copy of the application and map. If the statement is filed no final action will be taken on the right-ofway application until 15 days have elapsed after the last date of service of such papers, in order to afford the parties concerned ample opportunity to file protests against granting of the right-ofway.

[Circ. 2033, 24 F.R. 10256, Dec. 18, 1959] § 202.6

Terms and conditions.

An applicant, by accepting a right-ofway grant, agrees and consents to comply with and be bound by the following terms and conditions, excepting those which the Secretary may waive in a particular case:

(a) To comply with all existing regulations and with all existing and future regulations which the Secretary determines to be necessary and proper in order to provide for the prevention of waste and conservation of the natural resources of the outer Continental Shelf, and the protection of correlative rights therein.

(b) To pay the United States or its lessees or right-of-way holders, as the case may be, the full value for all damages to the property of the United States or its said lessees or right-of-way holders, and to indemnify the United States against any and all liability for damages to life, person, or property arising from the occupation and use of the area covered by the right-of-way.

(c) To keep the Director informed at all times of his address, and, if a corporation, of the address of its principal place of business and the name and address of the officer or agent authorized to receive service of notice. That in the construction, operation, and maintenance of the project, he shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision in all subcontracts.

(d) That the allowance of the rightof-way shall be subject to the express

condition that the rights granted will not prevent or interfere in any way with the management, administration of, or the granting either prior or subsequent to the right-of-way grant of other rights by the United States in the submerged lands affected thereby, and that he agrees and consents to the occupancy and use by the United States or its lessees or other right-of-way holders of any part of the right-of-way not actually occupied or necessarily incident to its use for any necessary operations involved in such management, administration or the enjoyment of such other granted rights.

(e) To pay for the first calendar year or fraction thereof, and thereafter annually in advance an annual rental of $5 for each mile or fraction thereof traversed by the right-of-way and $50 for each area applied for as the site for a pumping station or other accessory to the right-of-way. Payments required|| herein may be annual, for a 5-year period or for multiples of such period.

(f) That upon revocation or termination of the right-of-way, unless the requirement is waived in writing by the Manager, he shall, so far as reasonably possible, restore the area of the right-ofway to its original condition.

[Circ. 1946, 20 F.R. 9036, Dec. 13, 1955, as amended, Circ. 2033, 24 F.R. 10256, Dec. 18, 1959]

§ 202.7 Approval of right-of-way.

If the application and other required information are found to be in compliance with the law and regulations and the consents required by § 202.5 have been obtained or any protests filed as therein provided have been rejected, the right-of-way will be granted. If the right-of-way as applied for would cross any area withdrawn from disposal or restricted from exploration and operation it will be rejected unless the Federal agency in charge of withdrawn or restricted area shall give its consent to the granting of the right-of-way, but in such case the applicant upon request filed within 30 days after receipt of the rejection notice will be allowed an opportunity to file an amended application rerouting the proposed right-of-way so as to eliminate the conflict.

§ 202.8 Term of grant.

Any right-of-way granted hereunder shall be for so long as the pipe line is maintained and used for the purpose for which the grant was made, unless otherwise expressly stated in the grant. Cessation of use temporarily shall not terminate the grant, but if the purpose of the grant ceases to exist or use of the pipe line is permanently discontinued for any reason the grant shall be subject to forfeiture.

§ 202.9 Proof of construction.

con

Failure to construct the pipe line within 5 years from the date of the grant shall be deemed to be an abandonment of the grant which will be forfeited by an appropriate proceeding. Proof of struction shall be submitted to the Manager. Such proof shall consist of a statement by the holder of the right-ofway that the pipe line has been laid and is in operation. If there is any deviation from the right-of-way as shown on the original map, the unused portion of the grant must be relinquished and maps in duplicate of the location of the right-of-way as constructed, prepared in accordance with § 202.3 must be furnished as soon as possible after the deviation is determined to be necessary or advisable. Any deviation made prior to approval of such supplemental plat will be at the risk of the right-of-way holder.

§ 202.10 Assignment of right-of-way.

Assignment may be made of a rightof-way in whole or as to any lineal segment thereof after construction subject to the approval of the Manager. Any such assignment must be filed in duplicate accompanied by an application for approval in which the assignee must make the showing required by § 202.4 and agree to the terms and conditions prescribed in § 202.6. No assignment shall be effective to transfer any rights until it is approved. A fee of $10 must accompany the application for the approval of an assignment.

§ 202.11 Advance permission to com

ad

struction of a pipe line in vance of any grant of the right-of-way but such permission is not a commitment that the right-of-way will be approved and all work done thereunder prior to the granting of the right-of-way will be at the applicant's risk. No advance permission will be granted for an area or areas not subject to a right-of-way grant.

§ 202.12 Penalty for failure to comply with the act, regulations, or any conditions imposed under either.

As provided in the act, failure to comply with the act, regulations or any conditions prescribed by the Secretary as to the application therefor and the survey, location and width thereof and upon the express condition that such oil or gas pipe lines shall transport or purchase without discrimination, oil or natural gas produced from said submerged lands in the vicinity of the pipe line in such proportionate amounts as the Federal Power Commission, in the case of gas, and the Interstate Commerce Commission, in the case of oil, may, after a full hearing with due notice thereof to the interested parties, determine to be reasonable, taking into account, among other things, conservation and the prevention of waste, be grounds for forfeiture of the grant in an appropriate, judicial proceeding instituted by the United States in any United States District Court having jurisdiction under the provisions of section 4 (b) of the act. Upon relinquishment of any right-of-way or forfeiture of the grant, the right-of-way owner will be required to remove his improvements within one year from the effective date of such relinquishment or forfeiture unless otherwise provided by law or in the decree of forfeiture.

§ 202.13 Appeals.

Any person aggrieved by any action taken by the Manager, under this part has the right of appeal to the Secretary in accordance with the provisions and limitations provided in §§ 221.31 to 221.37 of this chapter. Nothing contained in this part shall be construed to prevent any interested party from seeking judicial review as authorized by law.

The act of February 25, 1920 (41 Stat. 437; 30 U.S.C., sec. 181), as amended by the act of September 2, 1960 (74 Stat. 781; 30 U.S.C. secs. 181, 241) provides for the leasing of native asphalt, solid and semisolid bitumen and bituminous rock (including oil impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried).

§ 203.2 Application for lease.

(a) An applicant must give his name and address and citizenship qualifications in the manner prescribed in § 191.3 of this chapter.

(b) Lands included in an application for a lease must be described in the same manner as specified in § 192.42a of this chapter. No more than 7,680 acres may be acquired or held under lease by any person, association or corporation in any one State irrespective of the number of leases.

(c) Each application must be filed in the proper land office as set forth in § 192.42 of this chapter and must be accompanied by a filing fee of $10 which will not be returnable.

(d) All leases will be issued through competitive bidding only in the same

manner as that provided for in §§ 192.51 to 192.53 of this chapter.

§ 203.3 Rentals, royalties and minimum royalties.

The minimum royalty and royalty rates will be fixed and determined prior to the offering of the lands for lease and the issuance of the lease to the successful bidder. Such rates will be set out in the notice of publication inviting bids and will be determined on an individual case basis. The annual rental will be 50 cents per acre or fraction thereof payable annually in advance. § 203.4 Term of lease.

All leases shall be for a term of 10 years and so long thereafter as the lessee complies with the terms and conditions of the lease.

§ 203.5 Multiple use of lands.

In accordance with, and in furtherance of the principle of the multiple use of the public lands, a lease for the mineral deposits enumerated in this Part may be issued, notwithstanding the existence of any lease covering the same lands issued under any other provision of the act.

§ 203.6 Form of lease.

The form of lease will be substantially the same as that set forth in 47 L.D. 426429. The right is reserved to insert in the lease such other terms and conditions as may be deemed necessary for the protection of the surface of the land, its resources and any other lessees of the lands.

PART 205-NATIONAL FORESTS

Sec.

205.1 Showing required with application alleging settlement prior to establishment of forest.

205.2 Patent to be withheld pending report from Forest Service.

AUTHORITY: §§ 205.1 and 205.2 issued under R.S. 2478; 43 U.S.C. 1201.

SOURCE: §§ 205.1 and 205.2 contained in Circular 1978, 22 F.R. 3151, May 3, 1957.

CROSS REFERENCES: For Indian allotments in national forests, see § 176.15 of this chapter. For mining claims in national forests, see § 185.33 of this chapter. For national forest homesteads, see Part 170 of this chapter. For Forest Service, Department of Agriculture, see 36 CFR Chapter II. For forest regulations of the Bureau of Indian Affairs, see Indians, 25 CFR Parts 141-144. For National Park Service, Department of the Interior, see Parks and Forests and Memorials, 36 CFR Chapter I.

§ 205.1

Showing required with application alleging settlement prior to establishment of forest.1

When a person files application to make entry, or to amend an existing entry, embracing lands within a national forest, basing the right of entry, or amendment, on settlement prior to the establishment of the forest, it must be accompanied by a statement in duplicate, containing his name and address, description and character of the land involved, the date he established residence on the land, his absence from the land, kind and character of improvements placed thereon, and the amount of land

1 18 U. S. C. 1001 makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.

cleared and cultivated. Such statement, must be corroborated by at least one disinterested person.

§ 205.2 Patent to be withheld pending report from Forest Service.

In no claim, mineral or non-mineral, shall patent issue for land within a national forest until the Bureau of Land Management is notified by, or ascertains from, the Forest Service, that the claim will not be contested. A claim may be contested by the Forest Service at any time prior to the issuance of patent or confirmation of the entry.

PART 206-NATIONAL PARKS AND NATIONAL MONUMENTS

CROSS REFERENCES: For exchanges to eliminate private holdings from national parks, see Part 150, of this chapter. For sale of public lands for cemeteries, see Part 253, of this chapter. For State grants for park purposes, see Part 270, of this chapter. For National Park Service, Department of the Interior, see 36 CFR Chapter I. For regulations of the American Battle Monuments Commission relating to national cemeteries abroad, see Parks, Forests, and Memorials, 36 CFR Part 403.

PROCEDURE ON APPLICATION OR PROOF FOR
LANDS WITHIN NATIONAL PARK OR RES-
ERVATION FOR NATIONAL MONUMENTS
§ 206.1 Action by manager on entries or

proofs.

When any application to make entry or proof is filed in the land office for lands within any national park or within any reservation of lands for national monument, the manager will immediately notify the superintendent or custodian thereof by regular mail.

(R. S. 2478; 43 U. S. C. 1201) [19 F. R. 9048, Dec. 23, 1954]

210.3

210.4

210.5

210.6 210.7

210.8

210.9

210.10

210.11

Identity of applicant to be estab-
lished prior to administering oath.
Jurat not attached until affidavit is
complete and oath administered.
Manner in which final proof should
be made; continuance.
Protests and adverse claims.
Officer to obtain full and complete

answers and report to the manager. Testimony of each claimant and witness to be taken separate and apart from and not within the hearing of the others.

Parties and witnesses to be advised of laws and penalties for false swearing.

Proof officer to transmit papers to the manager.

Fees for administering oath, preparation of paper and writing out testimony; penalty.

210.12 Officer shall not aid in the wrongful or illegal acquisition or use of public lands.

OFFICERS AUTHORIZED TO ADMINISTER
OATHS IN PUBLIC LAND CASES

§ 210.1 Officers qualified; statement and certificate of official character required in certain cases.

(a) Oaths required under the homestead, preemption,1 timber-culture,1 desert-land, and timber and stone acts may, in States for which there is a land office, be made before the manager or the acting manager of the land office for the district embracing the land sought; or before any of the following officers inside the county, parish, or land district embracing the land sought, namely, a United States commissioner, a notary public, a judge, a clerk, or a prothonotary of a court of record, a deputy of such clerk or prothonotary, or a magistrate authorized by the laws of or pertaining to the State to administer oaths; or before any such officer outside the county and the land district embracing the land sought who because of geographic or topographic conditions may be the qualified officer nearest to the land or most accessible from it. In States for which there is no land office, the required oaths may be made before any qualified officer in the State.

(b) The official character of any officer not using a seal of office, other than a manager or an acting manager, must be certified under seal by the clerk of the court having the record of his appointment and qualifications. If, in States for which there is a land office, an oath be administered outside the county and the land district embracing the land sought, the applicant must show by a statement, satisfactory to the Bureau of Land Management, that the oath was made before an officer who because of geographic or topographic conditions was the qualified officer nearest to the land sought or most accessible from it. Such showing, however, will not be required as part of the final proof if the proof be taken in the town or city in which the newspaper

1 The preemption and timber-culture laws were repealed by the act of March 3, 1891 (26 Stat. 1095; 43 U. S. C. 1181, 1197), with certain exceptions specified in that act.