Federal Register - November 20, 1936
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Source: Federal Register
FEDERAL
VOLUME I
REGISTER
1934
NUMBER 179
ONlTtO
,
Washington, Friday Novem ber 20, 1936
DEPARTMENT OF THE INTERIO R.
Division o f Grazing.
vided under the heading Disciplinary Action by Regional Graziers is believed to be inadvisable, and the procedure out lined in the above paragraph is recommended.
A m e n d m e n t s t o S u p p l e m e n t a r y R u l e s f o r A d m in i s t r a t i o n o f G r a z in g D i s t r ic t s
To All Officers, Division of Grazing:
S i r s : In addition to the remedies provided fo r the enforce ment of, and redress fo r violation of, the Rules fo r Adminis tration of Grazing Districts approved by the Secretary of the Interior on March 2,1936, as amended by Supplementary Rules approved July 14, 1936, the follow ing action w ill be taken in appropriate cases:
DISCIPLINARY ACTION BY REGIONAL GRAZIERS
The regional grazier is hereby granted authority to revoke a grazing license, in whole or in part, fo r a clearly established trespass or violation of the terms or conditions of the license or of the regulations upon which it is based, or the instruc tions of the officers o f the Division of Grazing issued there under; provided, however, that before any license is revoked, in whole or in part,- the regional grazier, or his authorized representative, shall serve, or cause to be served, a notice upon such licensee, setting forth the trespass or violation with which he is charged and citing him to appear before the regional grazier, or his authorized representative, at a tim e and place named in the notice w ithin forty-eigh t hours and show cause why his license should not be revoked in whole or in part.
I f upon the hearing of the order to show cause the tres pass or violation with which the licensee is charged has been established, the regional grazier shall revoke the license in whole or in part as he may deem proper.
Failure of the person served in the notice to appear at the time and place designated in the notice, or the absence o f a good and sufficient showing as to why he failed to appear, shall be considered an admission o f guilt of the trespass or other violation charged in the notice and w ill be sufficient reason fo r revocation o f the license.
AMICABLE SETTLEMENT OF CIVIL TRESPASS CASES
The peaceful, voluntary settlem ent, fo r damages resulting from trespass or violation o f the tenps or conditions of a license, or of the rules, regulations, or orders provided fo r the administration of grazing districts is to be preferred to a lawsuit in most cases. Therefore, in cases where a voluntary settlement fo r such damages may be procured, and in the judgment of the regional grazier the offer constitutes fa ir restitution to the Government fo r the damage, he shall sub mit the same w ith appropriate recommendation fo r the consideration of the Department.
In cases o f minor grazing trespass or infractions o f the rules or terms of the license where the damage amounts to only a few dollars, form al legal or disciplinary action as pro
ISSUANCE OR RENEWAL OF LICENSE
In cases where a trespasser or violator of the rules desires a grazing license or a renewal thereof, settlement of the dam ages resulting from the trespass or violation shall be required before favorable action is taken on the application.
Nothing herein provided is intended to deny the right of appeal from actions of the regional grazier as provided by the Rules fo r Adm inistration of Grazing Districts, but pending ap peal and determination thereof, the decision of the regional grazier shall be in fu ll force and effect.
Very truly yours, .
J u l ia n T errett,
Acting Director.
Approved, November 11, 1936.
H ar o ld L . I c k e s ,
Secretary of the Interior.
F. R. Doc. 3451 Filed, November 19,1936; 9 :55 a. m .
Geological Survey.
O i l a n d G a s O p e r a t in g R e g u l a t io n s A p p l ic a b l e t o L a n d s o f t h e U n it e d S t a t e s a n d t o A l l R e s t r ic t e d T r ib a l a n d A l l o t t e d I n d i a n L a n d E x c e p t O sag e I n d i a n R e s e r v a t io n ;
R e v is e d N o v e m b e r 1, 1936
Co ntents I ntroduction .
Definitions.
Supervisor.
Representative.
Officer in charge.
Superintendent.
Lease.
Leased lands, leasehold.
Lessor.
Lessee.
Permittee.
Jurisdiction.
Supervision.
S e c t io n 1. Powers and duties o f supervisor.
a Supervision of operations.
b Reports and recommendations.
c Lessees reports and notices.
d Required samples, tests, and surveys.
e Damage to mineral deposits, directional drilling, lease . obligations, well abandonment.
f Gas-well potentials and permissible flow.
g W ell spacing and well casing, technical assistance to lessees.
h Production records; rentals, royalties, and payments;
drainage and waste.
i Division orders, run tickets, sales contracts.
J Relief from drilling or producing.
k Supervision o f operations, when required.
l Disposition of appeals.
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