§ 4b. Cooperation with individuals, municipalities, etc.; contracts with owners; agreements as to prices

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1926

   Pub. L. 69–674 § 2 · 44 Stat. 768

   Enacted · 30 U.S.C. § 4b

   June 25, 1926, ch. 674, § 2, 44 Stat. 768

   Source evidence

   Code source credit
   June 25, 1926, ch. 674, § 2, 44 Stat. 768

   Enacted provision · exact public law section
   Sec. 2. The Secretary of the Interior and the Secretary of Commerce jointly are hereby authorized, within their discretion, to cooperate under formal agreement with individuals, associations, corporations, States, municipalities, educational institutions, or other Provisos. Contracts with owners, etc., of lands before commencing drilling. bodies, for the purposes of this Act: Provided, That before under-taking drilling operations upon any tract or tracts of land the Secretary of the Interior and the Secretary of Commerce jointly, shall enter into a contract or contracts with the owners or lessees, or Conditions. both, of the mineral rights therein, which contract shall provide, among other things, that not more than the actual cost of the exploration shall constitute a preferred claim in favor of the United Payment of costs of exploration. States and its cooperators against any minerals developed; and the aforesaid contract or contracts shall provide that the owners or lessees, or both, of said lands and or mineral rights within the radius hereinafter mentioned, shall pay to the Government and its cooperators an amount equal to the actual costs of said explorations, said payments to be made at such time or times, in such manner, and in such proportions as said Secretaries may, in their discretion, No restriction on drilling locations, etc. determine to be equitable: Provided further, That such contract shall not restrict the Secretary of the Interior and the Secretary of Commerce jointly in the choice of drilling locations within the property or in Conditions. the conduct of the exploratory operations, so long as such selections or conduct do not interfere unreasonably with the use of the surface of the land or with the improvements thereon, and such contract shall provide that the United States and its cooperators shall not be liable for damages on account of such reasonable use of the surface as may be necessary in the proper conduct of the work: Provided further, That before such drilling be commenced the Secretary Agreement with owners of contiguous lands, to prevent profiteering, etc. of the Interior and the Secretary of Commerce jointly shall require the owners of land and/or mineral rights therein lying within a radius of not less than one mile of any proposed well, in consideration of the probable increase in value to such lands and/or mineral rights therein incident to any discovery of potash and in order to prevent profiteering, to enter into an agreement whereby the Secretary of the Interior and the Secretary of Commerce, jointly, are empowered to act as referees in determining the maximum price at Which the potash rights in such lands can be sold, which covenant shall run with the lands and/or mineral rights therein: And provided further, Conditions as to marketing price. That the owners of such potash rights, in consideration of the advantage accruing from an equitable price for such potash rights as effected by said Secretary of the Interior and Secretary of Commerce, may be required to enter into an agreement whereby the potash produced from said lands shall be marketed at a price not in excess of a maximum determined by the Secretary of the Interior and the Secretary of Commerce jointly as equitable.

1 of 1 references resolved to an enrolled provision