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1983 Interior Dec. (IBLA) 357 (1983)

handle is hein.amindian/ibla1983 and id is 1 raw text is: OXY PETROLEUM, INC. IBLA 82-404 Decided January 3, 1983 Appeal from decision of the Montana State Office, Bureau of Land Management, rejecting noncompetitive oil and gas lease application M 48695 Acq. Affirmed. 1. Oil and Gas Leases: Applications: Drawings -- Oil and Gas Leases: First Qualified Applicant A noncompetitive oil and gas lease application filed in the name of a corporation in a simultaneous drawing is properly rejected where it is not accompanied by a complete list of corporate officers, pursuant to 43 CFR 3 102.2-5(a)(3) (1981), and where the corporate qualifications file referenced in the application was incomplete. Such a deficiency cannot be cured after the drawing. APPEARANCES: Linda Osminer, Landman, for Oxy Petroleum, Inc. OPINION BY ADMINISTRATIVE JUDGE GRANT Oxy Petroleum, Inc., has appealed from a decision of the Montana State Office, Bureau of Land Management (BLM), dated December 4, 1981, rejecting oil and gas lease application, M 48695 Acq., because the corporation's qualifications file, referenced on the application by number M 065500, had not been updated in accordance with the regulation at 43 CFR 3102.2-5(a)(3) prior to the close of the filing period for the July 1980 list of parcels available for simultaneous filing. The record discloses that appellant's initial application filed for parcel MT 105 was rejected by BLM for failure to submit a proper form of a remittance for the filing fee.I/ This rejection was appealed to the Board of Land Appeals which reversed the decision of BLM and remanded the case to BLM for a redrawing pursuant to 43 CFR 3112.3-2 including appellant's application. Oxy Petroleum, Inc., 52 IBLA 239 (1981). 1/ Since this was deemed to be an unacceptable filing, it was returned to appellant without inclusion in the initial drawing for parcel MT 105. 43 CFR 3112.5. 69 IBLA 357

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