Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1938-01-01
ICKES EXTENDS

The text OF the order follows:

The text OF the order follows;
Pursuant to the act Of Augus'
26. 1887, entitled AN act, To pro
vide for the extensions of certain
prospecting permits, and for other
purposes, determination must be
made as to the permits which are
within the categories defined In
said act. These determinations will
rest very largely upon compliance
with either or both the utilization
or the drilling requirements in each
permit, az disclosed by the records
OF the Geological Survey. Accord
! ingly. the Geological Survey viii pro-
coed as promptly as possible to
compile the factual information
for such determinations and shall
report dts findings to the General
! Land Office. Appropriate decisions
/ in accordance with these reports
together with any supplementary
factual information in its own re-
cords shall be promulgated by the
General Land Office.
/ Since the extensions granted un-
der the new act are applicable only
to permits" outstanding on Deem
Der 81. 1897" no final determine
tions can be made prior to that
date. However, the conditions pre-
scr5bed for extensions under clause
''b" of said act rest upon the COM
pliance prior to January /, 1897,
made with the utilization require
ments of permits Therefore, cas-
es within this category will be given
immediate consideration and the
Geological Survey will report to the
General Land Office on all permits
for which a cooperative or unit
plan of development was filed be-
fore January 1, 1897, and rejected
pursuant to instructions OF the Secre-
tary of the Interior. giving firs
attention to those on which inquiry
is made.
Under the provisions OF the act
of August 26, 1887, supra, 1t is
held that:
/. The phrase "one or more
other permits in clause %" means
zone or more other permits or
leases"
2. A permit will be regarded as
committed" to a cooperative or
unit agreement within the meaning
of the act:
(a) When the agreement is
signed as principal or eonsenting
parties by the proper parties in
interest. namely, the record owner
and the holder for operating rights,
if any;
OBJ When the agreement Is un
signed but Is submitted with an
oral or written request for APPROX
al as to form, by any proper party
acting under an express or implied
oral or written relationship of prdn-
cipal and agent between the sub
party on one hand the per-
mttee and the owner of operating
rights on the other;
In case of doubt as to commit
ment of any permit, the appropriate
party Cor parties) viii be called b
upon to show whether the agree
ment was submitted in his behalf
and whether, in the absence of APP
prevail of the agreement submitted,
said party is willing to be bound
by such plan as may be prescribed
by the Secretary of the Interior.
CD The phrase Tor reasonably
compact area" shall be the whole of
an area that can reasonably be con-
sidered to constitute a logical uni
Of development where geologic con-
ditions preclude a reasonable infer
ence as to the boundaries of any ,
single oil or gas field or pool.
III
In view of the administrative de-
avs necessarily incidental to max t
ng the factual determinations re- :
luired under the act OF August rs, 3
1897 and in order that the time a
consumed in making these factual 9
determinations may not operate to !
prevent the holders of oil and gas o
prospecting permits from making .
Iiligent compliance with terms Of
heir permits, under the authority G
-ested in me by the act of August =
Il, 1885, all oil and gas prospecting
,ermits outstanding on December ;
4, 1887, are hereby extended I'M I.
to December 81. 1898. q
This order does not affect oil and
as prospecting permits which have
lready been terminated by the act
( August 26, 1887, or which may
O Terminated Inv said act or can