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30 U.S.C. § 187Assignment or subletting of leases; relinquishment of rights under leases; conditions in leases for protection of diverse interests in operation of mines, wells, etc.; State laws not impaired

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

Mining leases under this law can't be assigned or sublet without the Secretary of the Interior's consent. The Secretary can also let a lessee give up the lease early. Every lease must include worker-safety, child-labor, wage, and fair-pricing protections that don't conflict with state law.

A mining lease issued under this chapter can't be assigned to someone else, or sublet, unless the Secretary of the Interior agrees. The Secretary can also let a lessee formally give up ("relinquish") all rights under the lease at any time, in writing. Once the Secretary accepts that, the lessee is released from all future duties under the lease. With the Secretary's approval, the lessee can also give back just part of the leased land. Every lease must include rules to make sure the operator works the property carefully and skillfully. It must require following the Secretary's safety and welfare rules for miners, and rules against unnecessary waste — including limiting underground workers to an eight-hour day, except in emergencies. It must ban hiring any child under sixteen to work below ground in a mine. It must guarantee miners are free to buy their supplies from anyone they choose. It must require paying wages in U.S. money at least twice a month. It must require fair rules for weighing or measuring the coal each miner digs. The Secretary can add any other terms needed to make sure the mined product is sold to the government and the public at reasonable prices, to protect the government's interests, to prevent monopolies, and to protect the public. None of these lease terms can conflict with the laws of the state where the leased land sits.
the actual law source: uscode.house.gov ↗public domain

No lease issued under the authority of this chapter shall be assigned or sublet, except with the consent of the Secretary of the Interior. The lessee may, in the discretion of the Secretary of the Interior, be permitted at any time to make written relinquishment of all rights under such a lease, and upon acceptance thereof be thereby relieved of all future obligations under said lease, and may with like consent surrender any legal subdivision of the area included within the lease. Each lease shall contain provisions for the purpose of insuring the exercise of reasonable diligence, skill, and care in the operation of said property; a provision that such rules for the safety and welfare of the miners and for the prevention of undue waste as may be prescribed by said Secretary shall be observed, including a restriction of the workday to not exceeding eight hours in any one day for underground workers except in cases of emergency; provisions prohibiting the employment of any child under the age of sixteen in any mine below the surface; provisions securing the workmen complete freedom of purchase; provision requiring the payment of wages at least twice a month in lawful money of the United States, and providing proper rules and regulations to insure the fair and just weighing or measurement of the coal mined by each miner, and such other provisions as he may deem necessary to insure the sale of the production of such leased lands to the United States and to the public at reasonable prices, for the protection of the interests of the United States, for the prevention of monopoly, and for the safeguarding of the public welfare. None of such provisions shall be in conflict with the laws of the State in which the leased property is situated.

Source credit: (Feb. 25, 1920, ch. 85, § 30, 41 Stat. 449; Pub. L. 95–554, § 5, Oct. 30, 1978, 92 Stat. 2074.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 449
  • 1978Amended · Pub. L. 95-554 · 92 Stat. 2074

A history note hasn’t been published yet. The record shows enactment by ch. 85 on 1920-02-25.

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