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sustaining of such judgment on appeal, whichever is the later event, regardless of whether such conviction occurred before or after September 14, 1959. (Pub. L. 86-257, title V, § 504, Sept. 14, 1959, 73 Stat. 536.)

REFERENCES IN TEXT

"This chapter", referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 86–257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186 and 187 of this title.

SUBCHAPTER VII.-MISCELLANEOUS

PROVISIONS

§ 521. Investigations by Secretary; applicability of other laws.

(a) The Secretary shall have power when he believes it necessary in order to determine whether any person has violated or is about to violate any provision of this chapter (except subchapter II of this chapter) to make an investigation and in connection therewith he may enter such places and inspect such records and accounts and question such persons as he may deem necessary to enable him to determine the facts relative thereto. The Secretary may report to interested persons or officials concerning the facts required to be shown in any report required by this chapter and concerning the reasons for failure or refusal to file such a report or any other matter which he deems to be appropriate as a result of such an investigation.

(b) For the purpose of any investigation provided for in this chapter, the provisions of sections 49 and 50 of Title 15 (relating to the attendance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Secretary or any officers designated by him. (Pub. L. 86-257, title VI, § 601, Sept. 14, 1959, 73 Stat. 539.)

§ 522. Extortionate picketing; penalty for violation. (a) It shall be unlawful to carry on picketing on or about the premises of any employer for the purpose of, or as part of any conspiracy or in furtherance of any plan or purpose for, the personal profit or enrichment of any individual (except a bona fide increase in wages or other employee benefits) by taking or obtaining any money or other thing of value from such employer against his will or with his consent.

(b) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. (Pub. L. 86257, title VI, § 602, Sept. 14, 1959, 73 Stat. 539.)

§ 523. Retention of rights under other Federal and State laws.

(a) Except as explicitly provided to the contrary, nothing in this chapter shall reduce or limit the responsibilities of any labor organization or any officer, agent, shop steward, or other representative of a labor organization, or of any trust in which a labor organization is interested, under any other Federal law or under the laws of any State, and, except as explicitly provided to the contrary, nothing in this chapter shall take away any right or bar any remedy to which members of a labor organization are entitled under such other Federal law or law of any State.

(b) Nothing contained in this chapter and section 186 (a-c) of this title shall be construed to

supersede or impair or otherwise affect the provisions of the Railway Labor Act, as amended, or any of the obligations, rights, benefits, privileges, or immunities of any carrier, employee, organization, representative, or person subject thereto; nor shall anything contained in this chapter be construed to confer any rights, privileges, immunities, or defenses upon employers, or to impair or otherwise affect the rights of any person under the National Labor Relations Act, as amended. (Pub. L. 86-257, title VI, § 603, Sept. 14, 1959, 73 Stat. 540.) REFERENCES IN TEXT

"This chapter", referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

The Railway Labor Act, as amended, referred to in subsec. (b), is classified to chapter 8 of Title 45, Railroads. The National Labor Relations Act, as amended, referred to in subsec. (b), is classified to sections 151-158 and 159-167 of this title.

§ 524. Effect on State laws.

Nothing in this chapter shall be construed to impair or diminish the authority of any State to enact and enforce general criminal laws with respect to robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, or assault which inflicts grievous bodily injury, or conspiracy to commit any of such crimes. (Pub. L. 86-257, title VI, § 604, Sept. 14, 1959, 73 Stat. 540.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

§ 525. Service of process.

For the purposes of this chapter, service of summons, subpena, or other legal process of a court of the United States upon an officer or agent of a labor organization in his capacity as such shall constitute service upon the labor organization. (Pub.

L. 86-257, title VI, § 605, Sept. 14, 1959, 73 Stat. 540.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

§ 526. Applicability of Administrative Procedure Act. The provisions of the Administrative Procedure Act shall be applicable to the issuance, amendment, or rescission of any rules or regulations, or any adjudication authorized or required pursuant to the provisions of this chapter. (Pub. L. 86-257, title VI, § 606, Sept. 14, 1959, 73 Stat. 540.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186 and 187 of this title.

The Administrative Procedure Act, referred to in the text, is classified to chapter 19 of Title 5, Executive Departments and Government Officers and Employees.

§ 527. Cooperation with other agencies and depart

ments.

In order to avoid unnecessary expense and duplication of functions among Government agencies, the

Secretary may make such arrangements or agreements for cooperation or mutual assistance in the performance of his functions under this chapter and the functions of any such agency as he may find to be practicable and consistent with law. The Secretary may utilize the facilities or services of any department, agency, or establishment of the United States or of any State or political subdivision of a State, including the services of any of its employees, with the lawful consent of such department, agency, or establishment; and each department, agency, or establishment of the United States is authorized and directed to cooperate with the Secretary and, to the extent permitted by law, to provide such information and facilities as he may request for his assistance in the performance of his functions under this chapter. The Attorney General or his representative shall receive from the Secretary for appropriate action such evidence developed in the performance of his functions under this chapter as may be found to warrant consideration for criminal prosecution under the provisions of this chapter or other Federal law. (Pub. L. 86257, title VI, § 607, Sept. 14, 1959, 73 Stat. 540.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

§ 528. Criminal contempt.

No person shall be punished for any criminal contempt allegedly committed outside the immediate presence of the court in connection with any civil action prosecuted by the Secretary or any other person in any court of the United States under the provisions of this chapter unless the facts constituting such criminal contempt are established by the verdict of the jury in a proceeding in the district court of the United States, which jury shall be chosen and empaneled in the manner prescribed by the law governing trial juries in criminal prosecutions in the district courts of the United States. (Pub. L. 86-257, title VI, § 608, Sept. 14, 1959, 73 Stat. 541.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186. and 187 of this title.

§ 529. Prohibition on certain discipline by labor organization.

It shall be unlawful for any labor organization, or any officer, agent, shop steward, or other representative of a labor organization, or any employee thereof to fine, suspend, expel, or otherwise discipline any of its members for exercising any right to which he is entitled under the provisions of this chapter. The provisions of section 412 of this title shall be applicable in the enforcement of this section. (Pub. L. 86-257, title VI, § 609, Sept. 14, 1959, 73 Stat. 541.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

§ 530. Deprivation of rights by violence; penalty.

It shall be unlawful for any person through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or inimidate any member of a labor organization for the purpose of interfering with or preventing the exercise of any right to which he is entitled under the provisions of this chapter. Any person who willfully violates this section shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (Pub. L. 86–257, title VI, § 610, Sept. 14, 1959, 73 Stat. 541.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

§ 531. Separability of provisions.

If any provision of this chapter or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Pub. L. 86– 257, title VI, § 611, Sept. 14, 1959, 73 Stat. 541.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 86-257 which added this chapter and amended sections 153, 158, 159, 160, 164, 186, and 187 of this title.

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2. Mineral Lands and Regulations in General__ 21 3. Lands Containing Coal, Phosphates, Petroleum, Oil, Oil Shale, Gas, Sodium, Potassium, and so forth, and Building Stone____ 4. Lease of Gold, Silver, or Quicksilver Deposits when Title Confirmed by Court of Private Land Claims___.

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Sec.

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18.

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4.

Chapter 1.-THE BUREAU OF MINES

Bureau of Mines; establishment; director; experts
and other employees.

Same; transfer of activities, employees, records, etc.,
from Bureau of Foreign and Domestic Commerce.
Same; performance of duties in absence of director.
Same; duties of bureau.

Investigation of lignite coal and peat.

4a. Investigation of potash deposits; appropriations. 4b. Cooperation with individuals, municipalities, etc., contracts with owners; agreements as to prices. 4c. Investigation of sub-bituminous and lignite coal. 4d. Same; plants, machinery, and equipment. 4e. Appropriations.

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Research laboratory for utilization of anthracite coal; establishment of advisory committee; composition; functions; appointment.

CROSS REFERENCES

Helium gas, production of, see chapter 10 of Title 50, War and National Defense.

§ 1. Bureau of Mines; establishment; director; experts and other employees.

There is established in the Department of the Interior a bureau of mining, metallurgy, and mineral technology, to be designated the Bureau of Mines, and there shall be a director of said bureau, who shall be thoroughly equipped for the duties of said office by technical education and experience and who shall be appointed by the President, by and with the advice and consent of the Senate; and there shall also be in the said bureau such experts and other employees, to be appointed by the Secretary of the Interior, as may be required to carry out the purposes of sections 1, 3, and 5-7 of this title in accordance with the appropriations made from time to time by Congress for such purposes. (May 16, 1910, ch. 240, § 1, 36 Stat. 369; Feb. 25, 1913, ch. 72, § 1, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

Bureau of Mines was originally created in the Department of the Interior. The Bureau was transferred to Department of Commerce by Ex. Ord. No. 4239, but was transferred back to Department of the Interior by Ex. Ord. No. 6611.

§ la. Same; transfer of activities, employees, records, etc., from Bureau of Foreign and Domestic Com

merce.

There is hereby transferred from the Department of Commerce, Bureau of Foreign and Domestic Commerce, to the Department of the Interior, Bureau of Mines, all those activities of the Minerals Division of the Bureau of Foreign and Domestic Commerce concerned with economic and statistical analyses of mineral commodities, domestic and foreign, together with all employees, records, files, equipment, publications, and funds pertaining thereto, effective immediately. (May 9, 1935, ch. 101, § 1, 49 Stat. 205.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance

of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 2. Same; performance of duties in absence of director.

In the absence of the Director of the Bureau of Mines the assistant director of said bureau shall perform the duties of the director during the latter's absence, and in the absence of the Director and of the Assistant Director of the Bureau of Mines the Secretary of the Interior may designate some officer of said bureau to perform the duties of the director during his absence. (July 1, 1916, ch. 209, § 1, 39 Stat. 303; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. See, also, note under section 1 of this title.

§ 3. Same; duties of bureau.

It shall be the province and duty of the Bureau of Mines, subject to the approval of the Secretary of the Interior, to conduct inquiries and scientific and technologic investigations concerning mining, and the preparation, treatment, and utilization of mineral substances with a view to improving health conditions, and increasing safety, efficiency, economic development, and conserving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; to inquire into the economic conditions affecting these industries; to investigate explosives and peat; and on behalf of the Government to investigate the mineral fuels and unfinished mineral products belonging to, or for the use of, the United States, with a view to their most efficient mining, preparation, treatment, and use; and to disseminate information concerning these subjects in such manner as will best carry out the purposes of the provisions of sections 1, 3, and 5-7 of this title. (May 16, 1910, ch. 240, § 2, 36 Stat. 370; Feb. 25, 1913, ch. 72, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3171, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. See, also, note under section 1 of this title.

§ 4. Investigation of lignite coal and peat.

The Secretary of the Interior is authorized and directed to make experiments and investigations, through the Bureau of Mines, of lignite coals and

peat, to determine the commercial and economic practicability of their utilization in producing fuel oil, gasoline substitutes, ammonia, tar, solid fuels, gas for power, and other purposes. The Secretary of the Interior is authorized and directed subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended, to sell or otherwise dispose of any property, plant, or machinery purchased or acquired under the provisions of this section, as soon as the experiments and investigations authorized have been concluded, and report the results of such experiments and investigations to Congress. (Feb. 25, 1919, ch. 23, §§ 1, 2, 40 Stat. 1154; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Oct. 31, 1951, ch. 654, § 2 (18), 65 Stat. 707.)

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is classified to chapter 11C of Title 5, Executive Departments and Government Officers and Employees, chapter 10 of Title 40, Public Buildings, Property, and Works, chapter 4 of Title 41, Public Contracts, and chapter 11 of Title 44, Public Printing and Documents.

CODIFICATION

First sentence of this section is from first clause of section 1 of act Feb. 25, 1919. Second sentence is from section 2 of said act.

AMENDMENTS

1951-Act Oct. 31, 1951, inserted the reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

See, also, note under section 1 of this title.

§ 4a. Investigation of potash deposits; appropriations. CODIFICATION

Section, act June 25, 1926, ch. 674, § 1, 44 Stat. 768. authorized appropriation of $100.000 for fiscal year ending June 30, 1927, and the four succeeding fiscal years for investigation of potash deposits.

§ 4b. Cooperation with individuals, municipalities, etc., contracts with owners; agreements as to prices. The Secretary of the Interior and the Secretary of Commerce jointly are authorized, within their discretion, to cooperate under formal agreement with ind.viduals, associations, corporations, States, and municipalities, educational institutions. or other bodies, for the purposes of this section: Provided, That before undertaking drilling operations upon any tract or tracts of land, the mineral deposits of which are not the property of the United States, the Secretary of the Interior and the Secretary of Commerce jointly shall enter into a contract or contracts with the owners or lessees, or both, of the mineral rights therein, and the aforesaid contract or contracts shall provide, among other things, that, if deposits of potash minerals or oil shall be discovered in pursuance of operations under said contract or contracts and if and when said mineral deposits shall be mined

and sold, the owners or lessees, or both, of said mineral rights shall pay to the Government and its cooperators a royalty of not less than 22 per centum of the sale value of any potash minerals and oil therefrom, said payments to continue until such time as the total amount derived from said royalty is equal to not more than the cost of the exploration, as may be determined by the Secretary of the Interior and the Secretary of Commerce jointly: Provided further, That all Federal claims for reimbursement under this section shall automatically expire twenty years from the date of approval of the contracts entered into, in accordance with the provisions thereof, unless sooner terminated by agreement between the owners or lessees of the potash mineral rights and oil and the Secretary of the Interior and the Secretary of Commerce jointly: Provided further, That said contract or contracts 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 the conduct of the exploratory operations, so long as such selection or conduct do not interfere unreasonably with the surface of the land or with the improvements thereof, and said contract or contracts shall provide that the United States 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. (June 25, 1926, ch. 674, § 2, 44 Stat. 768; Mar. 3, 1927, ch. 356, 44 Stat. 1388.)

§ 4c. Investigation of sub-bituminous and lignite coal. The Bureau of Mines, under the general direction of the Secretary of the Interior, is authorized to conduct investigations, studies, and experiments on its own initiative and in cooperation with individuals, State institutions, laboratories, and other organizations, with a view to (1) the development of a commercially practicable carbonization method of processing sub-bituminous and lignite coal so as to convert such coal into an all-purpose fuel, to provide fertilizers, and obtain such other byproducts thereof as may be commercially valuable; (2) the development of efficient methods, equipment, and devices for burning lignite or char therefrom; and (3) determining and developing methods for more efficient utilization of such sub-bituminous and lignite coal for purposes of generating electric power. (May 15, 1936, ch. 397, § 1, 49 Stat. 1275.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 4d. Same; plants, machinery, and equipment.

The Bureau of Mines is further authorized, under the general direction of the Secretary of the Interior, to erect such plants, construct and purchase such machinery and equipment, and to take such other steps as it may deem necessary and proper to effectuate the purposes of section 4c of this title. 1936, ch. 397, § 2, 49 Stat. 1275.)

36-500 0-65-vol. 7--35

(May 15.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 4e. Appropriations.

CODIFICATION

Section, act May 15, 1936, ch. 397, § 3, 49 Stat. 1275, appropriated $100,000 for carrying out provisions of sections 4c and 4d of this title to be expended during certain fiscal years, the last ending June 30, 1939. S$ 4f-40. Transferred.

CODIFICATION

Sections 4f-40 transferred to sections 451-460, respectively, of this title.

§ 5. Reports of investigations.

The Director of the Bureau of Mines shall prepare and publish, subject to the direction of the Secretary of the Interior, under the appropriations made from time to time by Congress, reports of inquiries and investigations, with appropriate recommendations of the bureau, concerning the nature, causes, and prevention of accidents, and the improvement of conditions, methods, and equipment, with special reference to health, safety, and prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; the use of explosives and electricity, safety methods and appliances, and rescue and firstaid work in said industries; the causes and prevention of mine fires; and other subjects included under the provisions of sections 1, 3, and 5-7 of this title. (May 16, 1910, ch. 240, § 3, 36 Stat. 370; Feb. 25, 1913, ch. 72, 37 Stat. 681; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934.)

TRANSFER OF FUNCTIONS See note under section 1 of this title.

§ 6. Personal interest of director and members of bureau in mines.

In conducting inquiries and investigations authorized under sections 1, 3, and 5-7 of this title neither the director nor any member of the Bureau of Mines shall have any personal or private interest in any mine or the products of any mine under investigation, or shall accept employment from any private party for services in the examination of any mine or private mineral property, or issue any report as to the valuation or the management of any mine or other private mineral property. Nothing herein shall be construed as preventing the temporary employment by the Bureau of Mines, at a compensation not to exceed $10 per day, in a consulting capacity or in the investigation of special subjects, of any engineer or other expert whose principal professional practice is outside of such employment by said bureau. (May 16, 1910, ch. 240, § 4, 36 Stat. 370; Feb. 25, 1913, ch. 72, 37 Stat. 682.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance

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