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

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.

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 declare 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 or 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
ENFORCEMENT OF ORDERS

§ 231.29 Lessees shall provide means for inspection of underground and surface conditions; surveying, estimating, and study.

The lessees shall provide means at all reasonable hours, either day or night, for the district mining supervisor, his subordinates and representatives, and for Federal mine surveyors authorized in writing by the district mining supervisor for the purpose of inspection of underground and surface conditions, surveying, estimating amount of ore or mineral product mined, and to study the methods of mining that are or were followed.

§ 231.30 Issuance of orders.

Before beginning commercial mining operations the lessee shall inform the district mining supervisor in writing of the designation and post-office address of the mining operation, and of the name and post-office address of the superintendent or other agent who will be in responsible charge of the mining and milling operations and the sanitation and welfare of the employees on the leased land, and who will act as the local representative of the lessee. The district mining supervisor shall also be informed of each change thereafter in the address of the mine office or in the name or address of the local representative.

mine or mine office, or mailed or handed to the superintendent, the mine foreman, the mine clerk, or higher officials connected with the mine, for transmittal to the lessee or his local representative. § 231.32

Enforcement of orders; suspension of operations; temporary waiver of suspension order pending appeal and review.

If the lessee fails to comply with the regulations in this part or any part thereof, or with any orders or instructions of the mining supervisor or his authorized subordinates, the district mining supervisor shall have authority to require him by written order to suspend any or all operations on the leased lands. This suspension shall remain in force until the lessee complies with the regulations or orders that have been violated or until such order of suspension has been revoked: Provided, That if the continuance of any such operation required to be suspended does not endanger life, threaten immediate, serious, and irreparable damage to the mine or the deposit being mined, or other valuable mineral deposits, the district mining supervisor, on petition in writing made by the lessee within 10 days from the issuance of the order of suspension, shall temporarily waive compliance with the order of suspension pending an appeal to and review by the Secretary of the Interior.

§ 231.33 Appeal; time allowed.

Any appeal must be filed in duplicate with the district mining supervisor for transmittal to the Secretary within 30 days from the issuance of the order of suspension.

PART 241-ACQUISITION AND LEASING OF WATER WELLS

Sec. 241.1 Secretary of the Interior may take over, purchase casing in, and condition wells for water production. 241.2 Wells drilled prior to or after act of June 16, 1934 under permits issued prior to said act; development of water in wells drilled by persons not in privity with permittees or lessees.

241.3 Provisions of act of June 16, 1934;

where inapplicable.

241.4 Federal oil and gas supervisor to submit report before approving notice of intention to abandon any well not excluded in § 241.3. 241.5 Geological Survey to determine value of water.

241.6 Application for, and award of lease to, water well.

241.7 Funds available for plugging and abandonment, available for conditioning, maintenance and development of water supplies.

AUTHORITY: The provisions of this Part 241 issued under sec. 32, 41 Stat. 450, sec. 40, 48 Stat. 977; 30 U.S.C. 189, 229a.

SOURCE: The provisions of this Part 241 contained in Regulations, Oct. 23, 1934, unless otherwise noted.

CROSS REFERENCE: For Bureau of Land Management regulations relating to water reserves, see 43 CFR Part 292.

§ 241.1

Secretary of the Interior may take over, purchase casing in, and condition wells for water production. Under the provisions of the act of June 16, 1934 (48 Stat. 977; 30 U. S. C. 229a), amending the act of February 25, 1920 (41 Stat. 441-445; 30 U. S. C. 221, 223228), all oil and gas permits and leases issued after June 16, 1934, are subject to the authority of the Secretary of the Interior to take over, purchase necessary casing in, and condition for water production any well drilled which strikes water of value for any of the uses named in the act: Provided, That the taking over of such well will not restrict operations under the permit or lease. § 241.2 Wells drilled prior to or after act of June 16, 1934 under permits issued prior to said act; development of water in wells drilled by persons not in privity with permittees or lessees.

The Secretary of the Interior may also take over and condition wells heretofore or hereafter drilled under permits and

leases previously issued, and may develop water in any wells plugged or abandoned or wells drilled prior to the issuance of permits or leases by persons not in privity with the permittees or lessees. § 241.3 Provisions of act of June 16, 1934; where inapplicable.

The provisions of this act do not apply to wells drilled on lands entered or patented under any of the public land laws with reservation of the oil and gas deposits since any water developed in such lands does not belong to the United States.

§ 241.4 Federal oil and gas supervisor to submit report before approving notice of intention to abandon any well not excluded in § 241.3.

Before approving any notice of intention to abandon any well on land not excluded in § 241.3, which well is known or believed to contain water of such quality and quantity as to be valuable and usable at a reasonable cost for agricultural, domestic, or other purposes, the Federal oil and gas supervisor having jurisdiction will submit a report to the Director of the Geological Survey, containing information as to the location of the well by legal subdivision of the public land survey, the depth to water, the yield, if determinable, the suitability of the water for irrigation, stock, domestic, or other beneficial use, the amount and reasonable value of casing to be purchased, the nature and estimated cost of repairs to condition the well as a source of water, the existing and prospective markets for the water, and any other pertinent factors bearing on a determination of the economic value of the water supply available. A similar report will be made by the supervisor as to other existing wells or plugged or abanoned wells coming within the purview of the act.

§ 241.5 Geological Survey to determine value of water.

Upon receipt of this report the Geological Survey will determine the value of the water for any of the purposes stated in section 40 of the act. If the water is found to be valuable and usable at a reasonable cost for any of the purposes specified in the act, the land subdivision which contains the well will, if subject thereto, be held to be withdrawn

ly Executive Order of April 17, 1926,1 and reserved for public use pursuant to section 10 of the act of December 29, 1916 (39 Stat. 862; 43 U.S.C. 300), as a water hole. If the water is found not to be valuable and usable at a reasonable cost for any of the purposes specified in the act, the oil and gas supervisor will be directed to authorize proper abandonment of the well.

§ 241.6 Application for, and award of lease to, water well.

When the oil and gas supervisor recommends that a well be preserved as a source of water he will notify the register of the appropriate district land office of such recommendation and of the land subdivision specifically involved. Upon receipt of such notice the regis

Executive Order of Withdrawal, dated April 17, 1926, and designated as "Public Water Reserve No. 107" reads, as follows: "Under and pursuant to the provisions of the act of Congress approved June 25, 1910 (36 Stat. 847), entitled 'An Act to authorize the President of the United States to make withdrawals of public lands in certain cases', as amended by act of Congress approved August 24, 1912 (37 Stat. 497), it is hereby ordered that every smallest legal subdivision of the public land surveys which is vacant unappropriated unreserved public land and contains a spring or water hole, and all land within one-quarter of a mile of every spring or water hole located on unsurveyed public land be, and the same is hereby, withdrawn from settlement, location, sale or entry, and reserved for public use in accordance with the provisions of section 10 of the act of December 29, 1916 (39 Stat. 862), and in aid of pending legislation."

ter will note the same on the tract books and will thereafter allow no filing or entry for the subdivision involved until otherwise directed by the Director, Bureau of Land Management. When a well found subject to the act has been duly conditioned for use under the direction of the oil and gas supervisor, when title to the necessary casing has been duly vested in the United States, and when decision to lease rather than to operate has been reached, the register will be directed to receive applications for lease of the requisite premises and water involved. Such applications, including preference claims asserted under section 40 (c) (48 Stat. 977; 30 U. S. C. 229a), will be submitted in regular course to the Bureau of Land Management where preference rights will be determined and an appropriate lease for the use of the water will be prepared for award by the Secretary of the Interior to such applicant as he shall determine to be equitably entitled thereto. The effective period of the lease, and the terms and conditions thereof, shall be determined by the Secretary of the Interior.

§ 241.7 Funds available for plugging and abandonment, available for conditioning, maintenance and development of water supplies.

Funds available to the Geological Survey for the plugging and abandonment of wells shall be available for the purchase of casing and other necessary equipment contemplated by the act, for the conditioning and maintenance of water wells, and for the development of water supplies in abandoned wells found subject to the provisions of the act.

250.95 Special forms or reports. 250.96 Waiver on filing reports.

MINERAL LEASES AFFECTED BY SECTION 6 OF OUTER CONTINENTAL SHELF LANDS ACT 250.100 Effect of regulations on provisions of lease.

AUTHORITY: The provisions of this Part 250 issued under secs. 5, 6, 67 Stat. 464, 465; 43 U.S.C. 1334, 1335.

SOURCE: The provisions of this Part 250 appear at 19 F.R. 2656, May 8, 1954, unless otherwise noted.

CROSS REFERENCE: For further regulations pertaining to the issuance and recognition of mineral leases covering submerged lands in the outer Continental Shelf, see 43 CFR Part 201.

§ 250.1

GENERAL PROVISIONS

Purpose and authority.

The Outer Continental Shelf Lands Act enacted on August 7, 1953 (67 Stat. 462), referred to in this part as "the act," authorizes the Secretary of the Interior to prescribe rules and regulations applicable to operations conducted under a lease issued or maintained under the provisions of the act, and for the prevention of waste, the conservation of natural resources of the outer Continental Shelf, and the protection of correlative rights therein. The regulations in this part shall be administered by the Director of the Geological Survey.

NOTE: Compliance with the regulations of this part does not obviate the necessity of compliance with requirements and regulations of the Department of the Army and the Coast Guard with respect to prevention of obstruction to navigation, lights, and warning devices, and other matters relating to safety of life and property, as authorized by section 4 of the act.