The document discusses rules for lessees regarding weighing minerals extracted from leased lands. It states that lessees must provide and maintain computerized weighing machines to weigh all minerals brought to surface, sold, exported or processed each day. It allows government officials to monitor the weighing and check the lessee's records. It also allows testing of weighing machines and requires lessees to quickly fix any inaccuracies found, while also addressing how errors will be treated if they disadvantage the government. Finally, it specifies that lessees must not obstruct development or working of other minerals not included in their lease.
The document discusses rules for lessees regarding weighing minerals extracted from leased lands. It states that lessees must provide and maintain computerized weighing machines to weigh all minerals brought to surface, sold, exported or processed each day. It allows government officials to monitor the weighing and check the lessee's records. It also allows testing of weighing machines and requires lessees to quickly fix any inaccuracies found, while also addressing how errors will be treated if they disadvantage the government. Finally, it specifies that lessees must not obstruct development or working of other minerals not included in their lease.
The document discusses rules for lessees regarding weighing minerals extracted from leased lands. It states that lessees must provide and maintain computerized weighing machines to weigh all minerals brought to surface, sold, exported or processed each day. It allows government officials to monitor the weighing and check the lessee's records. It also allows testing of weighing machines and requires lessees to quickly fix any inaccuracies found, while also addressing how errors will be treated if they disadvantage the government. Finally, it specifies that lessees must not obstruct development or working of other minerals not included in their lease.
(1) The lessee/lessees shall, when mandated by the Government,
provide and at all times keep at or near the pit head or each of the pit heads or in nearby cluster area at which the minerals shall be brought to bank, a properly constructed and efficient computerized weighing machine and shall weigh or cause to be weighed thereon all the said minerals, from time to time, brought to bank, sold, exported and converted and also the converted products. The lessee shall at the close of each day cause the total weights, ascertained by such means of the said minerals raised, sold, exported and converted during the previous twenty four hours, to be entered in the books of accounts maintained by the lessee. The lessee shall at all times during the term of the lease, permit the Government to employ any person or persons to be present at the weighing of the said minerals as aforesaid and to keep accounts thereof and to check the accounts kept by the lessee. (2) To allow test to weighing machine- The lessee shall at any time or times during the term of the lease, allow any person or persons appointed in that behalf by the Government to examine and test every weighing machine to be provided and kept as aforesaid and the weights used therewith in order to ascertain whether the same respectively are correct and in good repair and order. If upon any such examination or testing, any such weighing machine or weights shall be found incorrect or out of repair or order, the Government may require that the same be adjusted, repaired and put in order by and at the expense of the lessee. If such requisition is not complied with within fifteen days after the same has been made, the Government may cause such weighing machine or weights to be adjusted, repaired and put in order at the expense of the lessee. If upon any such examination or testing as aforesaid, any error is discovered in any weighing machine or weights to the prejudice of the Government, such error shall be regarded as having existed for three months prior to the discovery thereof or from the last occasion of so examining and testing the same weighing machine and weights, in case such occasion is within the said period of three months, and the lessee shall pay the royalty accounted for accordingly. (3) Not to obstruct working of other minerals- The lessee/lessees will exercise the liberties and powers hereby granted in such manner as to cause no unnecessary or reasonably avoidable obstruction or interruption to the development of any working within the said lands of any minerals not included
The Seminole Nation v. Nelly White, Chicago, Rock Island and Pacific Railroad Company and Fordee Rhoades Oil Company and United States of America, Intervener, 224 F.2d 173, 10th Cir. (1955)