Page:United States Statutes at Large Volume 47 Part 1.djvu/113

 72d CONGRESS. SESS. I. CH. 124 . AP RIL 21, 1932 . 89 the supervision and control of said mining trustee : Pro vid ed, That Provisos. roy alties. the rate of roya lty for coal min ed shall not be less than 8 cents per ton at the mine, payable monthly, and that the leases shall require the mini ng of a minimum of fifte en thous and tons of coal per annu m from each tract leased, or the payment of royalty thereon at the said rate the same as if the coal had been mined : Provided further, That Part in advance. $500 of the annual minimum tonnage royalty shall be paid annually in advance, beginning with the date of approval of the lease by the Secretary of the Interior, that the royalty paid on the minimum ton- nage for any year shall not be applied on the minimum royalty due for any prior or subsequent year, and all moneys received as royal- Deposit in Treasury. ties or otherwis e for le ases mad e under the provi sions of this Ac t shall be deposited in the Treasury of the United States to the credit of the Choctaw and Chickasaw Indian Nations ; that no lease shall Time limit of leases. be made to extend for a period of more than fifteen, years' from and after September 25, 1932 ; that the Secretary of the Interior, in his o ped dd ita on t o dal discretion, may add to any developed lease, upon application of the lessee, not more than six hundred and forty acres of the segregated unleased coal deposits, where it is shown that such additions are necessary for the successful operation of such lease • that the tracts Condition. to be added must be contiguous to the leased deposits of the lessee, such additional acreage to be subject to the. rules and regulations prescribed by the Secretary of the Interior under this Act ; that the Expiration date. lease on the added area shall expire at the same time as the lease of which it becomes a part ; and the rate of royalty on coal mined on Royalty rate. the added area shall be the same as that fixed by this Act SEC. 2. That the prior lessee of any developed lease, who has paid prior lasses. right of all mone ys due o n coal m ined the reon, or any pers on or co rporatio n which by judicial sale or otherwise has succeeded or may succeed to any right of a former lessee in any developed lease, shall be given the pref erence r ight to a new le ase on s uch devel oped pre mises, i f in the opinion of the Secretary of the Interior the granting of such right will fully protect the interest of the Indians. The said parties Time for app lication. shall be allowed thirty days after notice from the Superintendent of the Five Civilized Tribes or other official designated by the Secre- tary of the Interior within which to apply for new leases. SEC. 3. That the Choctaw and Chickasaw mining trustee, or such Examination of ac- officer as the Secretary of the Interior shall designate, is hereby counts, books, etc. authori zed to e xamine t he books and acc ounts of lessees who sha ll submit, upon oath, statements and reports, in such form and on such blanks as the Secretary of the Interior may require. Lessees 'shall- l oontiny report of report each month under oath to the Superintendent for the Five Civilized Tribes or to any other officer designated by the Secretary of the Interior, the quantity of coal mined on each lease during the previous month, and shal l pay th e royalt y due the reon, as require d by the rules and regulations prescribed under this Act. The failu re faillurecellation upon of any lessee to make such report and pay such royalty within sixty- days after such report and royalty become due shall subject the lease to cancellation, whereupon all advance and minimum royalties to the credit of such lease shall be forfeited and become the property repo rt, for fals e of the nations, and any lessee making a false report, statement, or representation shall be subject to punishment as for perjury : Pro- °lgmentotlease. vided, That no lessee shall assign or sublease his estate, term, or interest in any lease without the written approval of the Secretary of the Interior, and a violation of this provision shall subject the lease so assigned or subleased to cancellation by the Secretary of the Interior, whereupon all advance and minimum royalties to the credit of the lease shall be forfeited and become the property of said nation.