August 6, 1950 Rules and RegulationsUNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
REGULATIONS TO GOVERN THE EXERCISE OF MINERAL RIGHTS RESERVED IN CONVEYANCES TO THE UNITED STATES UNDER TITLE III OF THE BANKHEAD-JONES FARM TENANT
By virtue of the authority vested in the Secretary of Agricu1ture by Section 32(f) of the Act of July 22, 1937 (50 Stat. 526; 7 U.S.C. § 1011(f)), I, Charles F. Brannan, Secretary of Agriculture do hereby issue the following regulations to govern the exercise of mineral rights reserved in conveyances to the United States under Title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. §§ 1010, et seq.), hereby superseding and revoking all such regulations heretofore issued as to minera1 rights reserved in all acquisitions of land hereafter initiated under said title., but the regulations heretofore issued shall continue. to be effective as to mineral rights reserved in land acquisitions heretofore initiated or consummated under said title.
Sec. 600.9 Conditions relating to removal of minerals reserved in lands conveyed to the United States under Title III of the Bankhead-Jones Farm Tenant Act.
(a) Whoever undertakes to exercise the reserved rights shall give prior notice to the local officer in charge of the lands and shall submit to him satisfactory evidence of authority to exercise such rights. No permit, as provided for in paragraph (b) of this section, will be required for preliminary examination or exploration to determine the existence of the reserved minerals, oil, gas, or other inorganic substances which will involve only transient and nonexclusive occupancy and only small excavations, test pits or borings, but such activities shall be subject to te general rules and regulations applicable to the land involved.
(b) None of the lands in which minerals are reserved shall be so used, occupied, or disturbed as to preclude their full use for the purposes for which they are being administered until the record owner of the reserved rights, or the successors, assigns, or lessees thereof, shall have applied for and received from the local officer in charge having jurisdiction a permit authorizing such use, occupancy, or disturbance of those specifically described parts of the lands as may reasonably be necessary to exercise the reserved rights. Said permit shall be issued by the local officer in charge upon agreement as to the lands to be covered thereby and conditions necessary to protect the interests of the Government and upon initial payment of the annual fee, which shall be at the rate of $2 per acre, or fraction of acre, included in the permit. Failure to comply with the terms and conditions of the aforesaid permit shall terminate all rights to use, occupy, or disturb the surface of the lands covered thereby, but in event of such termination, a new permit shall be issued upon application when the causes for termination of the preceding permit have been satisfactorily remedied and the United States reimbursed for any resultant damage to it.
(c) Only so much of the surface of the land shall be occupied, used or disturbed as is necessary in bona fide prospecting for, drilling, mining (including the milling or concentration of ores), and remova1 of the reserved minerals, oil, gas, or other inorganic substances.
(d) All structures, other improvements, and materials shall be removed from the lands within 1 year after date of termination of the aforementioned permit, or of an alternative permit, if any, issued under regulations applicable to the lands, and all such structures, improvement, or materials not so removed shall become the property of the United States.
(e) Timber or young growth necessarily removed or utilized in connection with exercise of reserved rights shall be paid for (1) if merchantable at the prevailing price in the locality for comparable timber or (2) otherwise at the appraised value. Other timber shall be cut or removed only pursuant to sale agreements or permits issued in accordance with the applicable rules and regulations. All slash resulting from cutting or destruction of timber or young growth shall be disposed of as required by the local officer in charge.
(f) If exercise of the reserved rights results in stripping, collapse, or other damage to the land or to improvements thereon, the record owner of the reserved rights, or the successors, assigns, or lessees thereof, shall repair or replace the improvements damaged or destroyed, and/or restore the land to a condition safe and reasonably serviceable, and prior to commencement of the work which will cause such result shall so notify the local officer in charge and provide such bond as will in the opinion of that officer guarantee such repair, replacement, or restoration. Where reserved minerals will be extracted by means of shafts, tunnels, pits, or wells, provisions for fencing, covering, filling, or plugging thereof upon termination of the mining activities may be required by the local officer in charge, together with delivery of acceptable bond.
(g) In the prospecting for, mining, and removal of reserved minerals, oil, gas, or other inorganic substances, all reasonable provisions shall be made for the disposal of tailings, dumpage, and other deleterious materials or substances in such manner as to prevent obstruction, pollution, or deterioration of springs, streams, ponds, or lakes.
(h) Nothing herein contained shall be construed to exempt operators or the mining operations from any requirements of applicable State laws nor from compliance with or conformity to any requirements of any law which later may be enacted and which otherwise would be applicable.
(i) While any activities and/or operations incident to the exercise of the reserved rights are in progress, the operators, contractors, subcontractors, and any employees thereof who work on the property shall use due diligence in the prevention and suppression of fires, shall comply with all applicable rules and regulations, and shall be available for service in the suppression of fires within a reasonable distance of said operations: PROVIDED, That if such fires do not originate from the operations incident to exercise of the reserved rights, and do not threaten structures, improvements, or property employed in or related to such operations, services in fire suppression so rendered shall be paid for at the current rates of fire fighters employed by the United States.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the official seal of the Department of Agriculture to be affixed, in the city of Washington, D.C., this 16 day of Aug. 1950.
/s/ CHARLES F. BRANNAN
Secretary of Agriculture