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ties. To obtain and check the records ence to sea level. Where the beds or of production of minerals from the leased deposits dip at angles greater than 45° lands and to report at the end of each from the horizontal, vertical projections quarter the amount of production and and cross sections shall be made acthe value of accrued rentals and royal- companying plan views. Maps shall be ties chargeable to each lease.
based on accurate surveys made within § 231.4 General obligations of lessees.
30 days following January 1 and July 1
of each year and as may be necessary at Mining operations by the lessee shall other times. Accurate copies of such conform to the terms of the act, the maps on tracing cloth or prints shall be lease, and the regulations in this part furnished the district mining supervisor and to the written instructions of the when and as required. The accuracy of mining supervisor and his subordinates,
maps furnished shall be attested before and shall use all reasonable precautions, a notary public. The maps shall be in accordance with the most approved
posted to date at least once each six methods, to prevent waste, damage to months. mineral-bearing formations, and injury to life or health, and shall provide for
§ 231.7 Other maps; what to be shown. safety and welfare of the employees. The lessee shall prepare such maps
of the leased lands as in the judgMAPS AND PLANS
ment of the district mining supervisor & 231.5 Maps and plans required prior are necessary to show the surface bound
to beginning commercial operations; aries, improvements, and topography, modification thereof; departure and the geological conditions so far as therefrom; operations in advance of
determined from outcrops, drill holes, approval thereof or not in conform
prospecting, or mining. All excavations ity therewith.
in each separate bed or deposit shall be Prior to the beginning of actual com- shown in such manner that the producmercial mining operations maps and tion of minerals for any given royalty plans showing the proposed mining period can be accurately ascertained. methods and the plant layout shall be submitted to the district mining super
PROSPECT BORE HOLES visor for approval. Such maps and plans
§ 231.8 Submission of core or test hole shall be modified as required by the dis
records; cores, samples, cuttings, mill trict mining supervisor, and when ap
products; cementing and casing of proved shall be put into execution. If
drill holes. subsequent operations require radical departure from the approved maps and
The lessee shall submit promptly to plans, supplementary maps and plans
the district mining supervisor sworn shall be submitted with a statement of
copies of all core or test hole records reasons for the changes. Operations
made on the leased lands, the records to conducted in advance of approval of such
be in such form that the position and dimaps and plans by the district mining
rection of the holes can be accurately supervisor or not in conformity with
located on a map. The records shall inapproved maps and plans constitute vio
clude a log of all strata penetrated and lation of the regulations in this part.
conditions encountered, such as water,
quicksand, gas, or unusual conditions, $ 231.6 Requirements for maps of un- and copies of analyses of all samples ana
derground workings and surface op- lyzed from strata penetrated shall be erations and equipment; accuracy to transmitted to the district mining superbe attested before notary public; visor as soon as obtained. The core posting.
from test holes shall be available for inMaps of underground workings, unless spection at the convenience of the disotherwise ordered by the district mining trict or deputy mining supervisor, and he supervisor, shall be drawn to a scale of shall be privileged to cut such cores and 100 feet to the inch; maps of surface receive samples of such parts as he may operations and equipment may be to a deem advisable, or on request of the disscale of not over 200 feet to the inch. trict mining supervisor the lessee shall All maps shall be appropriately marked furnish such samples of strata, drill cutwith reference to Government land- tings, and mill products as may be remarks or lines and elevations with refer- quired. Drill holes for development or holes for prospecting shall be cemented
MINING METHODS and cased to the satisfaction of the district mining supervisor and in a manner
$ 231.12 Lessee shall observe good prac
tice. not to endanger any present or future underground operation or any deposit of The lessee shall observe good pracoil, gas, or other mineral substances. tice in prospecting and mining, sinkWELFARE AND SAFETY
ing wells, shafts, and winzes, driving
drifts and tunnels, stoping, blasting, $ 231.9 Sanitary, welfare, and safety transporting ore materials, hoisting, the arrangements.
use of explosives, timbering, pumping, The underground and surface sani- and other operations for the developtary, welfare, and safety arrangements ment and preservation of any operation, shall be in accordance with the recom- mine, or mine equipment on the lease. mendations of the United States Public
§ 231.13 Operations shall be conducted Health Service and United States Bureau
in a manner to yield ultimate maxi. of Mines.
mum recovery; information recorded CROSS REFERENCES: For United States Bu.
and copy furnished district mining reau of Mines, see Chapter I of this title. supervisor. For United States Public Health Service, De
Mining operations shall be conducted partment of the Treasury, see 42 CFR Chapter I.
in a manner to yield the ultimate maxi
mum recovery of the mineral deposits. § 231.10 Reports of accidents, inunda- All shafts, main exits, and passageways,
tions, or fires to be promptly mailed; as well as overlying beds or mineral defatal accidents and serious or threat- posits that at a future date may be of ening damages to be reported by economic importance, shall be protected telegraph or telephone.
by adequate pillars in the deposit being Full reports of all accidents, inunda
worked. Information obtained regardtions, or fires shall be promptly mailed
ing the mineral deposit being worked to the district mining supervisor by the
and other mineral deposits on the leased lessee or his representatives. Fatal ac
lands shall be fully recorded and a copy cidents and serious or threatening dam
of the record furnished to the district ages to the mine, the leased lands, or
mining supervisor. deposits, shall be reported to the dis
$ 231.14 Sufficient pillars shall be left. trict mining supervisor by telegraph or telephone.
Sufficient pillars shall be left in first mining to insure the ultimate maximum
recovery when the time arrives for the § 231.11 Protection of employees; me
removal of pillars. Boundary pillars chanical equipment; dangerous walks
shall in no case be less than 50 feet thick or passages; moving parts of machin.
unless otherwise specified in writing by
the mining supervisor. Boundary and All employees while in the mine other main pillars shall be mined only or accessory plants shall be afforded all with the written consent or by order of possible protection to life and health. the mining supervisor or his authorized All mechanical equipment used for the subordinates. transportation of men shall be of a safe design and character for the work it
$ 231.15 Working places; traveling way. performs. At dangerous walks or pas- All working places shall be visited sages adequate shelter holes shall be at least once during each shift by the made, guard rails or fences shall be mine foreman or his assistants, and there erected, and warning signs shall be shall be provided adequate timber disposted. All moving parts of machinery tributed throughout the mine for the or belts, when endangering employees or usual daily uses. The roof and sides of liable to result in injury, shall be ade- every traveling way and each working quately guarded.
place shall be made secure when neces
ery or belts.
sary by timbering or adequate lining and in a fit condition for men to work or arching in accord with good mining travel in if the air therein be found by practice and the lessee shall not permit chemical analysis to contain on a moisanyone to travel on or work in any trav. ture-free basis more than 144 percent eling way or working place which is not carbon dioxide or less than 1942 persecure, unless appointed for the purpose cent oxygen. The lessee, upon being of exploring, inspecting, or repairing notified of such finding, shall immedisame,
ately undertake measures to improve the
quality of the air of said working place § 231.16 Mining or prospecting miner- or entry. Where natural ventilation
als soluble in water; brines; minerals does not furnish a positive current of taken in solution.
air, ventilating fans shall be provided. In mining or prospecting deposits of Fans when installed shall have fireproof potassium or other minerals soluble in housing and surface fans shall be so arwater, all wells, shafts, prospect holes, ranged that the ventilating current can and other openings shall be adequately be quickly reversed. protected with neat cement against the
§ 231.19 Inflammable gas and dust. coursing or entrance of water; and the lessee shall, on orders of the district min
Mines in which inflammable gas is ing supervisor, back fill with rock or found or explosive dust produced shall other suitable material to protect the
be subject to the coal-mining operating roof from breakage when there is a dan- regulations covering these hazards. ger of the entrance of water. On leased CROSS REFERENCE: For coal-mining operlands containing brines, due precau- ating regulations, see Part 211 of this chaption shall be exercised to prevent the ter. deposits becoming diluted or contami
$ 231.20 Explosives. nated by the mixture of water or valueless solution; and, where the minerals The lessee shall store, thaw, transport, are taken from the earth in solution, issue, and use explosives only in the most such extraction shall not be within 500 approved manner and with due regard feet of the boundary line of the leased for the safety and welfare of the emlands without the written permission of ployees and protection of property and the Secretary of the Interior.
in accord with instructions or notices
issued by the district mining supervisor. PROTECTION AGAINST MINE HAZARDS
§ 231.21 Electricity. § 231.17 Dust, fumes, and acids.
Electric circuits with potential of more In the mining and milling or treating
than 600 volts shall be conducted in or of the ores or mined products, the em
through a mine only through insulated ployees shall be adequately protected
lead-covered armored cables, with the from injurious fumes, acids, dusts, and
armor electrically continuous throughout harmful or dangerous conditions. In
and grounded, and may only be used for mines where siliceous or other harmful
transmission or for application to transdusts are formed, drilling machines shall
formers, motors, or other apparatus in be of the water-injection type and sprays
which the whole of the high-voltage shall be used to wet down the dust.
winding is stationary. Electric circuits § 231.18 Ventilation.
of between 300 and 600 volts may be Lessees shall provide and maintain for used only for stationary motors. All each underground operation on any lease
portable motors, such as locomotive mina good and sufficient amount of ventila- ing machinery and portable pumps or tion for such men and animals as may be portable fans, shall use current of less employed therein, and shall cause an than 300 volts. All electric wires and apadequate quantity of normal air to circu- pliances shall be installed, main ined, late through and into all the shafts, and used so as to insure safety to the winzes, levels, and all working places of employees and the mine and be in accord such mine. A working place, entry, or
with the recommendations of the United passageway shall not be deemed normally States Bureau of Mines.
for the disposal of the waste from wells, the waste rock from the mines, the material removed in hydraulic or stripping operations, the sludge from the mill, the brines from the plant, and other refuse that it will not become a nuisance or obstruction to any public highway, railroad, right of way, or other avenue of transportation or travel, or to any private or public land or stream, or in any manner to occasion private or public damage.
§ 231.22 Fire protection.
All structures within 75 feet of any mine opening shall be so constructed and protected against fire that the men in the mine shall not be endangered if fire should occur in a surface building. Inflammable material shall not be stored within 75 feet of a mine exit. All shafts shall be fireproof. All underground offices, stations, shops, magazines, and stores shall be so constructed, equipped, and maintained as to reduce the fire hazard to a minimum. Sufficient firefighting apparatus shall be maintained in working conditions at the mine exits and at convenient points in the mine workings for fire emergencies. An adequate water supply shall be held in storage tanks or reservoirs for fire emergencies and be available for immediate use through connecting pipe lines for either surface or underground fires. & 231.23 Escape ways.
In all underground operations the lessee shall not without the written consent of the district mining supervisor employ more than 10 men underground on any one shift until a second exit or escape way of adequate dimensions has been made from the interior of the mine to the surface. At the surface such exits shall be not less than 100 feet apart if by drift nor less than 200 feet apart if by shafts. When necessary in the opinion of the district mining supervisor such escape ways shall be provided with ladders or stairs in addition to any mechanical means of ingress or egress as may exist or be required. Said openings shall not be covered by or connected with inflammable buildings or materials, but open timber framework may be permitted. MILLING; WASTE FROM MINING OR
MILLING § 231.24 Milling shall be in accord with
approved practices. It shall be the duty of the lessee to use due diligence in the reduction, concentration, or separation of mineral substances by mechanical or chemical processes, by distillation, by evaporation, or other means so that the percentage of salts, concentrates, oil, or other mineral substances recovered shall be in accord with the most approved practices. § 231.25 Disposal of waste from mining
or milling. The lessee shall make such provision
PRODUCTION RECORDS AND AUDIT & 231.26 Books of account to be kept.
The lessee shall maintain books in which will be kept a correct account of all ore and rock mined on the tract, of all ore put through the mill, of all mineral products produced, and of all ore and mineral products sold and to whom sold, the weight, assay value, moisture content, base price, dates, penalties, and price received, and the percentage of the mineral products recovered and lost shall be shown. $ 231.27 Sale price basis not less than
highest market price; Secretary of the Interior may determine and de
clare market price. The sale price basis for the determination of the rates and amount of royalty shall not be less than the highest and best obtainable market price of the ore and mineral products, at the usual and customary place of disposing of them at the time of sale, and the right is reserved to the Secretary of the Interior to determine and declare such market price, if it is deemed necessary by him to do so for the protection of the interests of the lessor. § 231.28
Audit of lessee's accounts and books semiannually at other times; lessee to furnish audit free of
cost. An audit of the lessee's accounts and books may be made semiannually or at such other times as may be directed by the Secretary of the Interior, by certified public accountants, approved by the Secretary, and at the expense of the lessee. The lessee shall furnish free of cost a copy of such semiannual or other audit to the Secretary of the Interior, through the duly authorized representative of the Department of the Interior, within 30 days after the completion of each auditing.
INSPECTION, ISSUANCE OF ORDERS AND mine or mine office, or mailed or handed ENFORCEMENT OF ORDERS
to the superintendent, the mine foreman,
the mine clerk, or higher officials con8 231.29 Lessees shall provide means
nected with the mine, for transmittal to for inspection of underground and surface conditions, surveying, esti
the lessee or his local representative. mating, and study.
$ 231.32 Enforcement of orders; susThe lessees shall provide means at
pension of operations; temporary all reasonable hours, either day or night,
waiver of suspension order pending for the district mining supervisor, his
appeal and review. subordinates and representatives, and If the lessee fails to comply with for Federal mine surveyors authorized the regulations in this part or any part in writing by the district mining super- thereof, or with any orders or instrucvisor for the purpose of inspection of tions of the mining supervisor or his auunderground and surface conditions, sur- thorized subordinates, the district mining veying, estimating amount of ore or supervisor shall have authority to require mineral product mined, and to study the him by written order to suspend any or methods of mining that are or were all operations on the leased lands. This followed.
suspension shall remain in force until
the lessee complies with the regulations $ 231.30 Issuance of orders.
or orders that have been violated or until Before beginning commercial mining such order of suspension has been reoperations the lessee shall inform the voked: Provided, That if the continudistrict mining supervisor in writing of ance of any such operation required to the designation and post-office address of be suspended does not endanger life, the mining operation, and of the name threaten immediate, serious, and irrepand post-office address of the superin
arable damage to the mine or the detendent or other agent who will be in re- posit being mined, or other valuable sponsible charge of the mining and mill- mineral deposits, the district mining suing operations and the sanitation and pervisor, on petition in writing made by welfare of the employees on the leased the lessee within 10 days from the issuland, and who will act as the local repre- ance of the order of suspension, shall sentative of the lessee. The district min- temporarily waive compliance with the ing supervisor shall also be informed of order of suspension pending an appeal to each change thereafter in the address of and review by the Secretary of the the mine office or in the name or address Interior. of the local representative.
$ 231.33 Appeal; time allowed. § 231.31 Service of notices, instructions, and orders.
Any appeal must be filed in duplicate
with the district mining supervisor for The lessee shall be considered to have transmittal to the Secretary within 30 received all notices, instructions, and or- days from the issuance of the order of ders that are mailed to or posted at the suspension.