Seward daily gateway., 1924-08-12
Instructions In Leasing Act; Extension of
 Time Is GiUen


 Secretary of the Interior was author ized to grant an extension of time to comply with the drilling require ments under oil and gas permits granted pursuant to the act of Feb ruary 25, 1920 (41 Stat, 437). This act applies to the Territory of Alas ka.
 The text of the act is as follows:
 ''Be it enacted by the Senate and House of Representative of the United States of America in Cong ress assembled, that the Secretary of the Interior may, if he shall find that any oil or gas permittee has been unable, with the exercise of dili- gence, to begin drilling operations ol to drill wells of the depth and with in the time prescribed by section 13 of the act of Congres approved Feb ruary 25, 1920, forty-frst Stat page 437, extend the time for beginning such drilling or completing it, to the amount specified in the act for such time not exceeding three years and upon such conditions as he shall pre- scribe"
 Accordingly, permittee who has been unable with the exercise of due diligence to comply with the drilling requirements of permit issued un- der any section of the act of Febru- ary 25, 1920, may, if the facts war rant, be granted an extension of time upon filing an application therefor, accompanied by his own affidavit setting forth what efforts, if any, he has made to comply with the terms of his permit and the reasons for delay in the full compliance there with, and such showing to be accom- panied by the corroborating affida wits of at least one disintereSted per son having actual knowledge of the facts.
 In making an application for cx- tension of time the permittee must show that the corners of the claim have been marked with substantia monuments and that a notice has been posted as required in para graphone of the permit as there is no provision of law under which the time may be extended for compliance with that requirement. The permit tee must show whether or not any oil or gas we'll is being drilled, on the geological structure upon which the land embraced in the permit is located, or within approximately 10 miles of such land, and if such we'll is being drilled give the legal sub division, section, township, and range on which the we'll is located, and furnish as full information as he can as to when the well was begun, its approximate depth, the character of the formation penetrated and the prospect for discovery of oil and gas. If the application for extension is based upon contributions made by the permittee toward sinking a test well upon the structure, full disclosure of the amount and nature of such con- tributions and the conditions under which the same were made must be shown, which showing must be cor roborated by the affidavit of one or more of the parties under whose au- thority the we'll is being drilling.
 The affidavit by the applicant must also show the time when he proposes to commence or resume his operations and any arrangement he has made for complying with the drilling requirements of the permit If the applicant alleges that he has entered into contract to drill the land, his application must be sup ported by the affidavit of the drill ing contractor as to the terms of the contract, the means at his command for carving out the same, and the time when he expects to begin drill ing operations there under.
 An extension of time to perform one of the acts required by the per- init necessarily extends for the same period of time for the performance of all subsequent requirements and as the bond is expressily limited by it's terms to the period for which the permit was granted, the permittee must furnish a properly executed as- sent by the surety to the extension of his bond to cover the life of the permit as it will be extended if an extension is granted
 The application may be filed in the General Land office or in the local office having jurisdiction over the land involved by the permit. In the latter event proper applications will be promptly forwarded to this office by the local officers. In cases where applications for extensions filed in the local office are not in accordance herewith, you will require the permit tees to remedy the defects within 15 days from receipt of notice, and will transmit the applications with evi- dence of service and report of ac- tion taken at the expiration of the time allowed.
 Circular No. 8O1, approved Janu- ary 13, 1925. is hereby amended SC