Federal Register - October 31, 1936
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Fuente: Federal Register
FEDERAL
VOLUME I
REGISTER
S , 1934
A ITEO
NUMBER 165
Washington, Saturday, October 31, 1936
DEPARTM ENT OF THE IN TERIO R.
General Land Office.
Circular No. 1412
I n s t r u c t i o n s R e l a t iv e t o t h e I s s u a n c e o f O n e Y ear Te a s e r U n d e r S e c t io n 15 o f t h e T a y l o r G r a z in g A c t O c t o b e r 22, 1936.
Registers, U. S. Land Offices.
S i r s : W ith a view to expediting the issuance o f grazing leases under section 15 of the Taylor Grazing A ct approved June 28,1934 48 Stat. 1269, as amended by the A ct of June 26, 1936 Public, No. 827 you will, until further instructed, take action on applications fo r such leases as herein directed.
In order that the procedure follow ed in each district land office may be as uniform as possible, the follow ing instruc tions are issued:
Copies o f all pending applications in this office, embracing lands in your district and outside o f established or proposed grazing districts, are being forwarded to you under separate cover together w ith copies of reports that have been received from the Special Agents in Charge.
You w ill im m ediately take up these and all other such cases fo r action in the order o f their filin g, in so fa r as practicable, and obtain the status o f the lands involved as shown by the records o f your office, noting all conflicting lease applications and other conflicts. W hen such status is obtained, you w ill not consider the applications as to any lands not properly subject to lease, thereby elim inating from consideration all but the vacant, unreserved, and unappropriated public lands.
However, when it is found that any application fo r lease con flicts with an application under any other section o f the Taylor G larin g A ct as amended, regardless o f the date of filin g o f such other application, or when it is found that the application fo r lease embraces withdrawn or reserved lands, the lease application w ill be suspended as to such tract or tracts until such a tim e as a determination can be made by this office regarding the respective rights o f the parties interested.
I f it is found that any application embraces isolated or dis connected tracts o f 760 acres or less you w ill, at the earliest date possible, direct publication in the manner hereinafter prescribed. W hen an application embraces tracts in excess o f 760 acres no publication w ill be required, and where it is found that an application includes tracts o f 760 acres or less and also tracts in excess o f 760 acres, you w ill direct publication only as to the tracts o f 760 acres or less. Care should be exercised in ordering publications in order that the same tract is not included in more than one publication. The expense o f such publication w ill be paid fo r by the applicants.
Publication w ill be required on the senior application as to tracts o f 760 acres or less. However, if a lease fo r all or any part of the tracts is awarded to an applicant on whose appli49 Stat. 1976.
cation publication was not required, such applicant, prior to the inclusion of such lands in a lease, w ill be required to fu r nish evidence to the effect that the applicant who paid the expense of publication has been reimbursed fo r such cost or part thereof.
The follow ing form o f notice w ill be used when ordering publication:
Department of the Interior, U. S. Lan d O ffic e _________________ ______
Notice is hereby given that ____________________________________ _ of applicant ___________________ r __________ , has filed a p p lic a tio n __________________ _
post office address serial No.
under the Taylor Grazing Act to lease__________________________________
description of land applied fo r Said lands are offered for lease upon such terms and conditions as may be prescribed. Any and all persons desiring to lease all or any part thereof for grazing purposes under authority of said act, must file notice of their claims, or proper grazing lease applications, in this office within 90 days from date of the first publication of this notice.
Register.
Date of first p u b lic a t io n :__________________________________ _
In directing publication you w ill be guided by the instruc tions contained in paragraph 15 of Gircular 1401, except that you w ill direct publication in all cases whether they are pend ing in this office or not.
To assist you in adjudicating applications there w ill be de tailed to your office by the Division o f Investigations a spe cial agent or agents fam iliar w ith the land w ithin your land district who w ill act in an advisory capacity to you especially regarding the carrying capacity of the land involved and as to any division o f .lands to be made between conflicting appli cations based upon inform ation obtained by them through previous investigations in the vicinity. This procedure will, for the tim e being, elim inate the submission o f form al reports by the Division o f Investigations as heretofore required under form er instructions Circular 14012.
As to applications fo r lease embracing a tract or tracts in excess of 760 acres which are properly subject to lease, you w ill in each case make a determination as to the lands which, in your opinion, the applicant is entitled to lease. In making this determination you w ill take into consideration a ll in form ation contained in your records, together with such other inform ation as the special agent is able to furnish. This course o f action w ill also be follow ed on applications which in
clude both tracts o f 760 acres or less and tracts in excess of 760 acres except that you w ill not withhold the issuance o f leases on such applications as to the tracts in excess of 760
acres, pending the expiration of the 90-day preference period allowed in the published notices.
In determining the rental to be charged, you w ill use as a basis the chart to be furnished you by this office, which is self-explanatory. It indicates the theoretical number of acres 1 P. R. 1158.
1971