Wyoming
Mining Claims Statutes
TITLE
30
MINES
AND MINERALS
CHAPTER
1
GENERAL
PROVISIONS
30-1-101.
Recording mining claims required; requisites of certificate.
(a)
A discoverer of any mineral lead, lode, ledge or vein shall,
within sixty (60) days from the date of discovery, cause the
claim to be recorded in the office of the county clerk and ex
officio register of deeds of the county within which the claim
may exist, by a location certificate which shall contain the
following facts:
(i)
The name of the lode claim;
(ii)
The name or names of the locator or locators;
(iii)
The date of location;
(iv)
The length of the claim and the general course of the vein as
far as it is known;
(v)
The amount of surface ground claimed;
(vi)
A description of the claim by such designation of natural or
fixed object, or if upon ground surveyed by the United States
system of land survey, by reference to section or quarter
section corners, as shall identify the claim beyond question.
30-1-102.
Imperfect certificates void.
Any
certificate of the location of a lode claim which shall not
fully contain all the requirements named in the preceding
section [§ 30-1-101], together with such other description as
shall identify the lode or claim with reasonable certainty,
shall be void.
30-1-103.
Prerequisites to filing location certificates.
(a)
Before the filing of a location certificate in the office of the
county clerk and ex officio register of deeds, the discoverer of
any lode, vein or fissure shall designate the location thereof
as follows:
(i)
Repealed by Laws 1981, ch. 91, §2.
(ii)
By posting at the point of discovery, on the surface, a plain
sign or notice, containing the name of the lode or claim, the
name of the discoverer and locator, and the date of such
discovery;
(iii)
By marking the surface boundaries of the claim, which shall be
marked by six (6) substantial monuments of stone or posts, hewed
or marked on the side or sides, which face is toward the claim,
and sunk in the ground, one (1) at each corner, and one (1) at
the center of each side line, and when thus marking the
boundaries of a claim, if any one (1) or more of such posts or
monuments of stone shall fall, by necessity, upon precipitous
ground, when the proper placing of it is impracticable or
dangerous to life or limb, it shall be lawful to place any such
post or monument of stone at the nearest point properly marked
to designate its right place; provided, that no right to such
lode or claim or its possession or enjoyment, shall be given to
any person or persons, unless such person or persons shall
discover in said claim mineral bearing rock in place.
30-1-104.
Additional location certificate to be filed upon change of
surface boundaries or addition of new territory.
Whenever
it shall be apprehended by the locator, or his assigns, of any
mining claims or property heretofore or hereafter located, that
his or their original location certificate was defective,
erroneous, or that the requirements of the law had not been
complied with before the filing thereof, or shall be desirous of
changing the surface boundaries of his or their original claim
or location, or of taking in any part of an overlapping claim or
location which has been abandoned, such locator or locators, or
his or their assigns, may file an additional location
certificate in compliance with and subject to the provisions of
this act [§§ 30-1-101 through 30-1-126]; provided, however,
that such relocation shall not infringe upon the rights of
others existing at the time of such relocation, and that no such
relocation, or other record thereof, shall preclude the claimant
or claimants from proving any such title or titles as he or they
may have held under any previous location.
30-1-105.
Location certificates shall describe but 1 claim.
No
location certificate shall contain more than one (1) claim or
location, whether the location be made by one (1) or more
locators, and any location certificate that contains upon its
face more than one (1) location claim shall be absolutely void,
except as to the first location named and described therein, and
in case more than one (1) claim or location is described
together so that the first one (1) cannot be distinguished from
the others, the certificate of location shall be void as an
entirety.
30-1-106.
Repealed by Laws 1981, ch. 91, § 2.
30-1-107.
Repealed by Laws 1981, ch. 91, § 2.
30-1-108.
Locators' rights of possession and enjoyment; "mineral
boundaries" defined.
The
locators of all mining locations heretofore made, or which shall
hereafter be made, on any mineral vein, lode or ledge, situated
on the public domain, their heirs and assigns, shall have the
exclusive right of possession and enjoyment of all the surface
included within the lines of their locations, and of all veins,
lodes and ledges throughout their entire depth, the top or apex
of which lies inside of surface lines extended downward
vertically although such veins, lodes, or ledges may so far
depart from a perpendicular in their course downward as to
extend outside the vertical side lines of such surface
locations. But their right of possession to such outside parts
of such veins or ledges shall be confined to such portions
thereof as lie between vertical planes drawn downward as above
described, through the end lines of their locations, so
continued in their own direction that such planes will intersect
such exterior parts of such veins or ledges. And nothing in this
section shall authorize a locator or possessor of a vein or lode
which extends in it downward course beyond the vertical lines of
his claim to enter upon the surface of a claim owned or
possessed by another.
30-1-109.
Relocation of abandoned claims.
Any
abandoned lode, vein or strata claim may be relocated and the
relocation shall be perfected by fixing new boundaries in the
same manner as provided for the location of a new claim. The
relocator shall erect new or adopt the old boundaries, renewing
the posts or monuments of stone if removed or destroyed and fix
a new location stake. The location certificate of an abandoned
claim may state that the whole or any part of the new location
is located as an abandoned claim.
30-1-110.
Location certificate for placer claims.
(a)
Hereafter the discoverer of any placer claim shall, within
ninety (90) days after the date of discovery, cause such claim
to be recorded in the office of the county clerk and ex officio
register of deeds of the county within which such claim may
exist, by filing therein a location certificate, which shall
contain the following:
(i)
The name of the claim, designating it as a placer claim;
(ii)
The name or names of the locator or locators thereof;
(iii)
The date of location;
(iv)
The number of feet or acres thus claimed;
(v)
A description of the claim by such designation of natural or
fixed objects as shall identify the claim beyond question.
(b)
Before filing such location certificate, the discoverer shall
locate his claim:
(i)
By securely fixing upon such claim a notice in plain painted,
printed or written letters, containing the name of the claim,
the name of the locator or locators, the date of the discovery,
and the number of feet or acres claimed;
(ii)
By designating the surface boundaries by substantial posts or
stone monuments at each corner of the claim.
30-1-111.
Assessment work for placer claims; character and kind.
For
every placer claim, assessment work, as hereinafter provided,
shall be done during each and every year after the first day of
September following the date of location. Such assessment work
shall consist in manual labor, permanent improvements made on
the claim in buildings, roads or ditches made for the benefit of
working such claims, or after any manner, so long as the work
done accrues to the improvement of the claim, or shows good
faith and intention on the part of the owner or owners and their
intention to hold possession of said claim.
30-1-112.
Assessment work for placer claims; amount of work required;
suspension by act of congress.
On
all placer claims heretofore or hereafter located in this state
not less than one hundred dollars ($100.00) worth of assessment
work shall be performed during each year from the first day of
July after the date of location provided that whenever annual
assessment work required by United States laws be suspended by
act of congress such assessment work required by this section
shall be suspended for the year or years stated in the act of
congress.
30-1-113.
Assessment work for placer claims; upon contiguous claims.
When
two (2) or more placer mining claims lie contiguous and are
owned by the same person, persons, company or corporation, the
yearly expenditure of labor and improvements required on each of
such claims may be made upon any one (1) of such contiguous
claims if the owner or owners shall thus prefer.
30-1-114.
Assessment work for placer claims; effect of failure to perform.
Upon
failure of the owners to do or have done the assessment work
required within the time above stated, such claim or claims upon
which such work has not been completed, shall thereafter be open
to relocation on or after the first day of July of any year
after such labor or improvements should have been done, in the
same manner and on the same terms as if no location thereof had
ever been made; provided, that the original locators, their
heirs, assigns or legal representatives have not resumed work
upon such claim or claims after failure, and before any
subsequent location has been made.
30-1-115.
Assessment work; rental fee; affidavit required upon completion
or payment.
Upon
completion of the required assessment work or payment of the
annual claim rental fee as required by federal law for any
mining claim, the owner or owners or agent of such owner or
owners shall cause to be made by some person cognizant of the
facts, an affidavit setting forth that the required amount of
work was done or rental fee paid, which affidavit shall within
sixty (60) days of the completion of the work or payment of the
fee, be filed for record, and shall thereafter be recorded in
the office of the county clerk and ex officio register of deeds
of the county in which the said claim is located.
30-1-116.
Patents to placer claims.
When
any person, persons or association, they and their grantors,
have held and worked their placer claims in conformance with the
laws of this state and the regulations of the mining district in
which such claim exists, if such be organized, for five (5)
successive years after the first day of September succeeding the
date of location, then such person, persons or association, they
and their grantors, shall be entitled to proceed to obtain a
patent for their claims from the United States without
performing further work; but where such person, persons or
association, they or their grantors, desire to obtain a United
States patent before the expiration of five (5) years from the
date hereinbefore mentioned, they shall be required to expend at
least five hundred dollars' ($500.00) worth of work upon a
placer claim.
30-1-117.
Use of water.
Whenever
any person, persons or corporation, shall be engaged in mining
or milling in this state, and in the prosecution of such
business shall hoist or bring water from mines or natural water
courses, such person, persons or corporation shall have the
right to use such water in such manner, and direct it into such
natural course or gulch as their business interests may require;
provided, that such diversion shall not infringe on vested
rights. The provisions of this section shall not be construed to
apply to new or undeveloped mines, but to those only which shall
have been open and require drainage or other direction of water.
30-1-118.
Mining claims subject to right-of-way; construction of ditch or
flume.
All
mining claims or property now located, or which may hereafter be
located within this state, shall be subject to the right-of-way
of any ditch or flume for mining purposes, or of any tramway,
pack-trail or wagon road, whether now in use, or which may
hereafter be laid out across any such location, claim or
property; provided, always, that such right-of-way shall not be
exercised against any mining location, claim or property duly
made and recorded as herein required, and not abandoned prior to
the establishment of any such ditch, flume, tramway, pack-trail
or wagon road, without the consent of the owner or owners,
except in condemnation, as in the case of land taken for public
highways. Consent to the location of the easement above
enumerated over any mineral claim, location or property, shall
be in writing; and provided, further, that any such ditch or
flume shall be so constructed that water therefrom shall not
injure vested rights by flooding or otherwise.
30-1-119.
Protection of surface proprietors.
Where
a mining right exists in any case and is separate from the
ownership or right of occupancy to the surface, such owner or
rightful occupant of the said surface may demand satisfactory
security from the miner or miners, and if such security is
refused, such owner or occupant of the surface may enjoin the
miner or miners from working such mine until such security is
given. The order for such injunction shall fix the amount of the
bond therefor.
30-1-120.
Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171,. § 3.
30-1-121.
Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171,. § 3.
30-1-122.
Defrauding, cheating or swindling by "salting".
Any
person or persons who shall defraud, cheat, swindle or deceive
any party or parties in relation to any mine or mining property
by "salting," or by placing or causing to be placed in
any lode, placer or other mine, any genuine metals or material
representing genuine minerals, which are designed to cheat and
deceive others, for the purpose of gain, whereby others shall be
deceived and injured by such, shall be guilty of a felony, and
upon conviction thereof shall be fined in a penal sum of not
less than fifty dollars ($50.00), or imprisoned in the
penitentiary for not more than three (3) years, or both, in the
discretion of the court.
30-1-123.
Protection of livestock from mining shafts.
Every
person, persons, company or corporation, who have already sunk
mining shafts, pits, holes, inclines, upon any mining claim, or
upon any mineral property, ground or premises, or who may
hereafter sink such openings aforesaid, shall forthwith secure
such shafts and openings against the injury or destruction of
livestock running at large upon the public domain, by securely
covering such shafts and other openings as aforesaid, in a
manner to render them safe against the possibility of livestock
falling into them or in any manner becoming injured or destroyed
thereby; or by forthwith making a strong, secure and ample fence
around such shafts and other openings aforesaid. Any person,
persons, corporation or company who shall fail or refuse to
fully comply with the provisions of this section shall be guilty
of a misdemeanor, and on conviction thereof shall be subject to
imprisonment in a county jail for not more than ninety (90) days
or fine of not more than one hundred dollars ($100.00) or both
such imprisonment and fine in the discretion of the court
imposing sentence. Any person, persons, corporation or company
who shall fail or refuse to fully comply with the provisions of
this section shall also be liable to the owner thereof for any
damages sustained by injury or loss of livestock thereby.
30-1-124.
Length of lode claim.
The
length of any lode mining claim located within Wyoming, shall
not exceed fifteen hundred (1,500) feet measured horizontally
along such lode or vein. Nor can the regulations of any mining
district limit a location to less than this length.
30-1-125.
Width of lode claim.
The
width of any lode claim located within Wyoming shall not exceed
three hundred (300) feet on each side of the discovery shaft,
the discovery shaft being always equally distant from the side
lines of the claims. Nor can any mining district limit the
location to a width of less than one hundred fifty (150) feet on
either side of the discovery shaft.
30-1-126.
W.S. 30-1-101 through 30-1-126 not applicable to coal mines.
Nothing
in this act [§§ 30-1-101 through 30-1-126] shall apply to the
working of coal mines.
30-1-127.
Charge for assays at university.
Hereafter
the charge for making assays or tests for silver, gold, copper
and lead at the University of Wyoming shall be in accordance
with a fee schedule established by the university for charges to
any resident of the state.
30-1-128.
Construction or operation of railroads or roads by mining
companies.
Any
corporation or association of persons organized under this
article or under the laws of any other state and doing business
in this state, now or hereafter engaged in mining gold or silver
bearing quartz rock, coal, lead, iron, copper or other
materials, may construct or operate a railroad, tramway road or
wagon road from their said mine or mines, to any point or points
desired by them, and shall have the exclusive right-of-way to
the line of their road over the unoccupied public domain for the
space of not exceeding one hundred (100) feet on either side
thereof, and also, the exclusive possession at the termini of
their said road, and at such intermediate points as may be
required, for depots, buildings, turntables, water tanks,
machine shops and other necessary appurtenances of a railroad,
and said corporation or association of persons may file a survey
or diagram of such line of road with the lands claimed by them
on either side thereof, and also the land claimed at the termini
aforesaid, with the secretary of state, and it shall not be
lawful for any person or persons to construct any road or erect
any buildings or otherwise interfere with the possession of the
land so indicated in the survey or diagram as filed aforesaid,
and a certified copy of said survey under the seal of the state
shall be received in evidence in all courts of law or equity
within the state.
30-1-129.
Eminent domain for underground right-of-way easements; right of
condemnation generally.
Every
owner or operator of any mining claims or properties having a
common corner who find it necessary for the practical or
economical development thereof has the right to condemn and to
take, hold and appropriate a right-of-way easement across the
corner and under or through the lands of another for underground
passages or tunnels, including mine access and ventilation
entries. The right-of-way easement shall in no instance exceed
two hundred fifty (250) feet in width and any mineral removed
from under the lands of another shall be accounted for by the
person exercising the rights herein granted to the owner thereof
at the gross value thereof on the surface.
30-1-130.
Eminent domain for underground right-of-way easements; duty to
show good faith and necessity.
In
order to exercise the right of eminent domain herein granted the
person claiming the benefit of such right shall be required to
show that the proceeding is in good faith and that the
right-of-way easement is necessary to continue the practical and
economical development of a commercially feasible mining
operation then being conducted.
30-1-131.
Provisions for indemnity in certain contracts; invalidity.
(a)
All agreements, covenants or promises contained in, collateral
to or affecting any agreement pertaining to any well for oil,
gas or water, or mine for any mineral, which purport to
indemnify the indemnitee against loss or liability for damages
for:
(i)
Death or bodily injury to persons;
(ii)
Injury to property; or
(iii)
Any other loss, damage, or expense arising under either (i) or
(ii) from:
(A)
The sole or concurrent negligence of the indemnitee or the
agents or employees of the indemnitee or any independent
contractor who is directly responsible to such indemnitee; or
(B)
From any accident which occurs in operations carried on at the
direction or under the supervision of the indemnitee or an
employee or representative of the indemnitee or in accordance
with methods and means specified by the indemnitee or employees
or representatives of the indemnitee, are against public policy
and are void and unenforceable to the extent that such contract
of indemnity by its terms purports to relieve the indemnitee
from loss or liability for his own negligence. This provision
shall not affect the validity of any insurance contract or any
benefit conferred by the Worker's Compensation Law [§§27-14-101
through 27-14-805] of this state.
30-1-132.
Provisions for indemnity in certain contracts; definition.
The
term "agreement pertaining to any well for oil, gas, or
water, or mine for any mineral" as used in section 1 hereof
[§ 30-1-131], means any agreement or understanding, written or
oral, concerning any operations related to drilling, deepening,
reworking, repairing, improving, testing, treating, perforating,
acidizing, logging, conditioning, altering, plugging, or
otherwise rendering services in or in connection with any well
drilled for the purpose of producing or disposing of oil, gas or
other minerals, or water, and designing, excavating,
constructing, improving, or otherwise rendering services in or
in connection with any mine shaft, drift, or other structure
intended for use in the exploration for or production of any
mineral, or an agreement to perform any portion of any such work
or services or any act collateral thereto, including the
furnishing or rental of equipment, incidental transportation,
and other goods and services furnished in connection with any
such service or operation.
30-1-133.
Provisions for indemnity in certain contracts; exemption.
Provided
that nothing in this act [§§ 30-1-131 through 30-1-133] shall
be construed to deprive an owner of the surface estate of the
right to secure an indemnity from any lessee, operator,
contractor or other person conducting operations for the
exploration or production of minerals on such owner's land.
CHAPTER
2
MINING
OPERATIONS
ARTICLE
1
IN
GENERAL
30-2-101.
Definitions.
(a)
As used in this act:
(i)
"Approved" means any device or practice approved by
the inspector;
(ii)
"Council" means the state mining council which is
within the department of employment;
(iii)
"Coal mine" means any mine from which coal is produced
for sale, exchange or use;
(iv)
"Cross entry" means an entry from which room entries
are turned;
(v)
"Gassy mine" means a mine:
(A)
In which methane has been ignited;
(B)
In which methane has been found by means of a permissible flame
safety lamp or by air analysis in an amount of twenty-five one
hundredths of a percent (0.25%) or more; or
(C)
Which is contiguous to a gassy mine.
(vi)
"Inspector" means the state inspector of mines;
(vii)
"Interested persons" means authorized members of the
mine safety committee, state and federal inspectors, and, to the
extent required by law, any other person;
(viii)
"Mine" means underground or surface mines, including
coal mines;
(ix)
"Mine foreman" means the person whom the operator
places in charge of the workings of a mine and of persons
employed therein. He is the official responsible for the health
and safety of the employees;
(x)
"Mining operations" include the following whether in
process or development, construction or operation:
(A)
Mines;
(B)
Ore mills;
(C)
Ore processing plants;
(D)
Sampling works;
(E)
Smelters;
(F)
Metallurgical plants;
(G)
Cement manufacturing plants and cement works;
(H)
Rock quarries;
(J)
Clay pits and mines;
(K)
Sand and gravel pits;
(M)
Tunnels and tunneling;
(N)
Excavations or removal of earth for commercial or industrial
purposes;
(O)
All other processes or operations in which mineral materials in
solid form are extracted or processed within Wyoming, but
excluding mining operations and processes relating to highway
and railroad construction and maintenance, other than tunneling,
performed directly under the control and supervision of the
state department of transportation or a railroad company. The
exclusion does not apply to commercial suppliers.
(xi)
"Nongassy mine" means any mine not classed as a gassy
mine;
(xii)
"Operator" means an individual, firm, partnership, or
corporation operating a mine or any part thereof;
(xiii)
"Permissible" means any equipment, device, or
explosive that meets the requirements of the MSHA;
(xiv)
"Unit foreman" means a company employed supervisor
having the same responsibility in the workings under his
supervision as the mine foreman has in the whole mine regarding
this act;
(xv)
"This act" means W.S. 30-2-101 through 30-3-509;
(xvi)
"MSHA" means the federal mine safety and health
administration, department of labor;
(xvii)
"Qualified person" means a person qualified by means
of the proper certification issued by the council or by means of
training and practical demonstration of ability to the inspector
or MSHA.
30-2-102.
Minimum standards.
This
act [§§ 30-2-101 through 30-3-509] and the rules and
regulations adopted under it constitute the body of standards
for mining operations in this state. The laws, rules and
regulations are intended to constitute minimum standards
recognized as necessary for the protection of the public
interest and the safety of employees and the general public.
30-2-103.
General penalty.
Any
person who willfully and knowingly violates any provision of
this act [§§ 30-2-101 through 30-3-509] or rules and
regulations adopted under it for which another penalty has not
been specifically provided is guilty of a misdemeanor punishable
by a fine of not more than seven hundred fifty dollars ($750.00)
or by imprisonment of not more than six (6) months, or both.
30-2-104.
Restrictions upon visitation.
(a)
No person shall enter or remain in any mine, excavation, pit,
quarry, mill, or processing plant unless authorized by the owner
or operator or by law.
(b)
No person other than the owner and operator, his employees and
agents, and inspectors shall enter, be permitted to enter or
remain in any mine, excavation, pit, quarry, mill, or processing
plant unless accompanied by the owner, operator or other
authorized person.
30-2-105.
Alcohol or controlled substances and intoxication by either
prohibited.
No
alcohol or a controlled substance as defined in W.S. 35-7-1014
through 35-7-1022 except a controlled substance in schedule V
not requiring a prescription or as prescribed by W.S. 35-7-1030
shall be taken into or permitted within any mine, excavation,
pit or quarry, or mill or processing plant. No person believed
to be under the influence of alcohol or a controlled substance
as defined in W.S. 35-7-1014 through 35-7-1022 except a
controlled substance in schedule V not requiring a prescription
or as prescribed by W.S. 35-7-1030 shall be allowed to enter or
remain in or around any mine, excavation, pit, quarry, or mill
or processing plant.
30-2-106.
Action for damages; injury to person or property; loss of life;
exception.
For
any injury to person or property occasioned by a violation of or
a willful failure to comply with this act [§§ 30-2-101 through
30-3-509], a right of action against the party at fault shall
accrue to the party injured for the direct damages sustained
thereby. In any case of loss of life, by reason of such a
violation or willful failure, a right of action against the
party at fault shall accrue to the administrator of the estate
of the deceased person for like recovery of damages for the
injuries sustained. Nothing in this section shall be construed
to prevent the recovery of any lawful damages against the person
or company operating a mine if the company is found at fault or
to have contributed to any accident by their carelessness. The
state shall not be liable for damages under this section.
30-2-107.
Prohibited acts generally.
(a)
No person shall intentionally:
(i)
Injure any shaft, lamp, instrument, air course or brattice;
(ii)
Obstruct or throw open airways;
(iii)
Carry any pipe, cigar or cigarette, match or fire-producing
material or appliance into places worked by safety lamps;
(iv)
Handle or disturb any part of the mine machinery;
(v)
Open and fail to close a door;
(vi)
Enter any place of a mine against caution;
(vii)
Disobey any order given in implementing this act [§§30-2-101
through 30-3-509];
(viii)
Commit any act endangering the lives or the health of persons or
the security of a mine or machinery.
30-2-108.
Bathhouses; when required; specifications; requirements as to
use; penalty for failure to provide.
(a)
A mine owner or operator employing twenty (20) or more miners at
any one (1) mine shall provide and maintain in a clean and
sanitary condition a bathhouse for the use of the employees if
sixty percent (60%) of the employees request it in writing.
(b)
The bathhouse shall:
(i)
Be convenient to the mine entrance;
(ii)
Be equipped with:
(A)
Sufficient individual lockers, or baskets or hangers;
(B)
Benches or seats;
(C)
Proper lights, heat, hot and cold water, and shower baths.
(iii)
Be maintained in good order;
(iv)
Have sufficient floor space to accommodate the persons using it;
(v)
Have concrete, tile or cement flooring in the washroom or
bathroom;
(vi)
Be constructed of noncombustible material;
(vii)
Have steel lockers not less than twelve (12) inches by twelve
(12) inches by forty-eight (48) inches in height, or individual
hangers of not less than three (3) hooks with a basket of
suitable size, attached to a proper chain or wire rope, placed
so wearing apparel, when hung thereon, will not be less than
seven (7) feet above the floor of the building, and capable of
being locked in that position. Lockers, or baskets or hangers
shall be sufficient in number to accommodate the employees using
the bathhouse;
(viii)
Have one (1) shower bath with adequate floor space for every
fifteen (15) employees using the bathhouse.
(c)
Employees shall:
(i)
Furnish their own towels, soap and lock for their lockers, or
baskets or hangers;
(ii)
Exercise control over, and be responsible for, property they
leave in their lockers, or baskets or hangers.
(d)
A mine owner or operator violating this section is guilty of a
misdemeanor punishable by a fine of not less than fifty dollars
($50.00), nor more than one hundred dollars ($100.00). Each day
there is a violation of this section constitutes a separate
offense.
ARTICLE
2
INSPECTOR
OF MINES
30-2-201.
Appointment and qualifications of inspector and deputy
inspectors; terms of office; removal; bond coverage; to devote
full time to duties.
(a)
There is created the office of the inspector of mines within the
department of employment. The inspector of mines shall be
appointed by the governor by and with the advice and consent of
the senate but is subject to the Wyoming Government
Reorganization Act of 1989. His term of office is two (2) years.
His office shall be located in the city of Rock Springs,
Sweetwater county, Wyoming. Appointment, term and the filling of
vacancies shall be under W.S. 28-12-101 through 28-12-103. His
salary shall be determined under W.S. 9-3-101. He may be
discharged at any time during his term by the governor as
provided in W.S. 9-1-202. The inspector shall:
(i)
Be a qualified elector of the state and at least thirty-five
(35) years of age;
(ii)
Possess the degree of a graduate engineer from an accredited
school, or the equivalent thereof;
(iii)
Have not less than fifteen (15) years mining experience;
(iv)
Have experience in underground mining operations, and knowledge
of the various problems involving the health and safety of
employees in both underground and surface mining, and in the
upgrading, processing, milling and beneficiation of the various
minerals mined or produced within this state;
(v)
Be thoroughly familiar with:
(A)
Ventilation methods in mining;
(B)
The nature, chemistry, detection and control of noxious,
poisonous or explosive gases or emanations;
(C)
The dangers incident to blasting and the prevention thereof;
(D)
The application and use of electricity in mining operations;
(E)
The methods of fire and explosion prevention and control and
extinguishment of mine fires;
(F)
The health and safety problems involved in small and large scale
surface mining operations and related earth-removal or
excavation;
(G)
The methods of rescue and recovery work following mine
disasters; and
(H)
State mining laws and mining operations.
(vi)
Not be an employee, owner or part owner of any mine or mining
company in this state;
(vii)
Possess a mine foreman's certificate.
(b)
Repealed by Laws 1989, ch. 139, §4.
(c)
Subject to the Wyoming Government Reorganization Act of 1989,
additional deputy inspectors of mines may be employed, one (1)
of which shall be qualified for coal. A deputy inspector of
mines for the inspection of mines other than coal mines shall
have the same qualifications as the inspector of mines except he
shall have had not less than ten (10) years rather than fifteen
(15) years of mining experience. A deputy inspector for coal
mines shall have the same qualifications as the inspector of
mines and also have at least ten (10) years experience in
underground mines in this state as part of the total mining
experience required.
(d)
The inspector of mines and all deputy inspectors shall obtain
faithful performance and fidelity bond coverage under W.S.
9-1-102.
(e)
The inspector of mines and all deputy inspectors shall devote
full time to the duties of their office.
30-2-202.
Duties of inspector; duties of deputy inspectors.
(a)
The inspector shall:
(i)
At reasonable times, day or night, without impeding or
obstructing work, enter, inspect and examine any mining
operation in development, construction or operation, including
the workings and the machinery and may request the assistance of
other state agencies;
(ii)
Collect state mining statistics and report to the governor
annually no later than March 31 for the preceding calendar year.
The report shall include the statistics and may include
recommendations concerning further mining legislation. The
statistics in the report shall include for each mine:
(A)
A record of all mining accidents preventing victims from
returning to work the day following the injury;
(B)
Corrective measures taken;
(C)
Tons produced;
(D)
Number of man-days worked.
(iii)
Maintain a properly indexed, permanent record of all inspections
made and reports filed under this act [§§30-2-101 through
30-3-509];
(iv)
Ensure maps or diagrams of all underground mines in the state
are accurately made and filed in his office. Maps, diagrams and
any plans filed shall be preserved as a permanent and
confidential record. If an adjoining operator can show need for
safety reasons, he shall be given access to individual maps,
diagrams and plans;
(v)
Supervise the deputy inspectors and have full authority over
their official activities;
(vi)
Enforce all laws, rules and regulations pertaining to the safety
of mine operations in this state;
(vii)
Revoke, in writing, any order issued by a deputy inspector
clearing a mine or portion thereof of persons, after he makes a
personal examination of the mine affected and determines it to
be in a safe condition to operate;
(viii)
To the extent possible, collect, organize and make available
studies, information and dates concerning mineral deposits,
geological formations and mining and milling operations in this
state;
(ix)
Exercise supervision necessary for enforcement of this act over
and inspection of all mining exploration mines, mining
operations, upgrading, processing, milling and beneficiation
plants within the state including the inspection of drill holes
to ensure the holes have been properly abandoned.
(b)
Every deputy inspector shall perform inspections and other
activities as the inspector directs or as provided by law.
30-2-203.
Arbitrary action prohibited; information confidential;
exception; interest in mining operations prohibited; discharge
for violation of section; additional penalty.
Neither
the inspector nor any deputy inspector shall, in any of his
functions, act arbitrarily or without just cause. Information
obtained in the course of inspections is confidential except
where disclosure may be required in enforcement of this act [§§
30-2-101 through 30-3-509]. Grossly negligent release of
confidential information acquired in the course of duty, willful
discrimination between operators, or knowingly applying to his
own material gain knowledge acquired in the course of duty by
the inspector or any deputy inspector, is justification for
discharge and, in addition, is a misdemeanor punishable upon
conviction by a fine not to exceed five hundred dollars
($500.00) or by imprisonment for a period of not more than six
(6) months, or both.
30-2-204.
Police powers generally.
The
inspector and deputy inspectors shall have and exercise
throughout the state all of the powers of peace officers with
respect to the enforcement of this act [§§ 30-2-101 through
30-3-509].
30-2-205.
Rules and regulations; uniform code of signals; penalty for
false signals.
(a)
The inspector shall under W.S. 16-3-101 through 16-3-115
promulgate rules and regulations to implement this act. Rules
and regulations shall be promulgated under this act for all
types of mines and mining or for specific types of mines or
mining as required to implement this act and to comply with
applicable federal law. The rules and regulations shall be no
more stringent than federal rules and regulations and shall
provide the flexibility necessary in application to specific
instances and implement the basic purpose of giving all mining
operations and coal mines the greatest freedom consistent with
the public interest and the safety of employees and the general
public. The inspector shall adopt applicable rules and
regulations to the extent necessary to implement the provisions
of chapter 3 of this title for which there are no applicable
federal rules and regulations. The inspector shall submit all
rules and regulations to the council for final approval. The
rules implementing the provisions of chapter 3 of this title
shall:
(i)
To the extent not in conflict with an express provision of
chapter 3 of this title, provide for consistency and equivalency
but not more stringent than rules and regulations adopted by the
MSHA under Title 30 of the code of Federal Regulations, Parts
56, 57, 75 and 77, as may be amended, including provisions
incorporated by reference in those rules and regulations; and
(ii)
Authorize variances to safety rules upon petition by the
affected operator and a determination by the inspector that:
(A)
An alternative method of achieving the result of the standard
exists that will at all times guarantee no less than the same
measure of protection afforded by the standard;
(B)
Application of the standard will result in a diminution to
safety of the miners; or
(C)
Failure to grant the variance would be inconsistent with action
taken on the same petition by the MSHA.
(b)
The inspector of mines shall by rule or regulation:
(i)
Adopt and enforce a uniform code of signals;
(ii)
Determine at which mining operations the code of signals shall
be effective;
(iii)
Prescribe the manner by which the code of signals shall be
displayed or distributed.
(c)
Any person giving or causing to be given false signals, or
riding upon any cage, skip or bucket upon signals that designate
to the engineer that no employees are aboard, is guilty of a
misdemeanor punishable by a fine of not less than fifty dollars
($50.00) nor more than one hundred dollars ($100.00).
30-2-206.
"Interested person" defined; filing of requests
prerequisite to notice and information.
A
person is an interested person entitled to notice under this act
[§§ 30-2-101 through 30-3-509] of any action of the inspector
including any action regarding rules or regulations if he files
with the inspector a request for notice containing his name,
address and the name of the person authorized to receive the
notice. The request shall be considered filed five (5) days
following the date the request is received in the office of the
inspector.
30-2-207.
Access to mining operations, etc.; penalty for refusal of access
or obstruction; enforcement by injunction; misrepresentation of
facts or information to inspector; obstruction of inspector or
deputy.
(a)
The inspector or his deputy has access to all mining operations
for the purpose of enforcement of this act [§§30-2-101 through
30-3-509] and all rules and regulations adopted under it.
Refusal of access to an authorized person after request is a
misdemeanor. Access may be granted by injunction by petition to
the court and order to show cause made returnable within ten
(10) days or as soon thereafter as the matter may be heard by
the court.
(b)
Any person in charge of a mine who willfully misrepresents facts
or information to the inspector regarding the mine, or who makes
any misrepresentation tending to show safety when the reverse is
true, is guilty of a misdemeanor.
(c)
Any person who willfully obstructs the inspector or his deputy
in the execution of his duties under this act is guilty of a
misdemeanor.
30-2-208.
Inspections; when held; duties of inspector or deputy; authority
to clear unsafe mine or portion thereof.
(a)
The inspector or his deputy shall inspect each operating mine in
the state:
(i)
At least once every six (6) months;
(ii)
If any danger to employees exists;
(iii)
If requested by employees or their representatives.
(b)
The inspection shall take place while the mine is in operation,
and the inspector or his deputy shall inspect:
(i)
The surface plant;
(ii)
Every working place in the mine;
(iii)
All active haulageways, travelways, highwalls and airways in
their entirety;
(iv)
Entrances to abandoned workings;
(v)
Accessible old workings;
(vi)
Escapeways and other places where people work or travel, or
where dangerous conditions may exist;
(vii)
Electric equipment and installation;
(viii)
First-aid equipment;
(ix)
Ventilation facilities;
(x)
Communication installations;
(xi)
Roof and rib conditions;
(xii)
Blasting practices.
(c)
The inspector or his deputy shall:
(i)
Measure the volume of air at the intake and return of the main
ventilating current and of each split, and the amount passing
through the last open crosscut in each pair or set of entries,
and designate where the superintendent or mine foreman shall
measure the currents of air as required by this act [§§30-2-101
through 30-3-509];
(ii)
In mines operating more than one (1) shift in a twenty-four (24)
hour period, devote sufficient time on the second and third
shift to determine conditions and practices related to the
health and safety of the employees;
(iii)
Make tests for gas and oxygen deficiency in each place which he
is required to inspect in the mine;
(iv)
Classify qualifying mines as gassy mines.
(d)
If the inspector or his deputy finds imminent or serious danger
to the life or health of the employees in a mine, he may clear
the mine or any portion thereof of all persons and refuse
further entry to any persons, except those necessary to remove
the danger and those permitted to participate in investigations
under this act, until he determines by actual inspection that
the mine or portion thereof involved is in safe operating
condition.
30-2-209.
Inspections; reports; posting and distribution; interim reports.
(a)
The person inspecting the mine shall make an accurate report
covering each inspection showing:
(i)
The date of inspection;
(ii)
The condition in which the mine is found;
(iii)
The extent to which safety laws relating to mines are violated;
(iv)
The progress made in the improvement of the health and safety of
the employees;
(v)
The number and cause of injuries and death resulting from
accidents in and around the mine;
(vi)
If any violations of the mine safety laws, rules or regulations
are found, the specific section or sections violated, with
recommendations for correcting them, and the action taken to
eliminate them.
(b)
Within seven (7) days after the completion of the inspection,
reports shall be posted and distributed as follows:
(i)
Two (2) copies to the operator, superintendent or foreman;
(ii)
One (1) copy to a designated representative of the employees'
organization, if any, of the mine inspected;
(iii)
One (1) copy posted on a bulletin board at a prominent place on
the premises where it can be conveniently read by the employees
and to remain posted until the report of the succeeding
examination is posted;
(iv)
One (1) copy to the inspector.
(c)
If imminent or serious hazards are found, the person making the
inspection shall immediately make an interim report in person or
by electronic means.
30-2-210.
Notice of violation; correction of condition constituting
violation required; penalty upon failure to comply; continuing
violations; authority to close operations; right of appeal.
(a)
If the inspector or his deputy finds a violation of this act [§§30-2-101
through 30-3-509] or rules or regulations adopted under it
relating to mines [mine] operating methods and conditions, he
shall notify in writing the person in charge of the mining
operation of the condition or method constituting the violation
and the provision being violated. The condition or method shall
be corrected in five (5) days or other time prescribed by the
inspector or his deputy as is reasonable in view of the nature
of the condition or method. Allowing a correction period does
not prevent the condition or method constituting a violation of
this act or a rule or regulation adopted under it. Any person
failing to correct a condition or method in the period allowed
is guilty of a misdemeanor. Each day during which the condition
or method continues uncorrected after notice of correction has
been given constitutes a separate violation.
(b)
If the condition or method is not corrected within a reasonable
time, or if the condition or method constitutes a real, present
and substantial danger to the lives or safety of persons, the
inspector or his deputy may summarily order the cessation of all
activity and close the operation or part thereof as the
inspector determines constitutes the danger. The order shall be
in writing, specifying the nature of the condition, the basis of
the action ordered, the date, time and place of the closing of
the operation, and the person to whom the order was delivered.
The operator may obtain a review of the order by the inspector
or by the district court for the county in which the principal
part of the operation is located. Review shall be afforded at
the earliest possible date within ten (10) days after the filing
of the petition or as soon as the court is available. The matter
shall be given precedence on the calendar of the court and the
proceedings shall be by petition and order to show cause,
returnable within ten (10) days. If any action by the inspector
or his deputy is found to have been without justification and to
have been taken without reasonable basis, the inspector or his
deputy shall be liable on his bond for damages resulting
therefrom, including reasonable attorney's fees incurred by the
operator in the action.
30-2-211.
Accident investigation; rescue; reports; generally.
(a)
The inspector or his deputy shall proceed immediately to the
scene of any mine accident causing loss of life or serious
personal injury, any mine fire or any mine explosion,
investigate, make recommendations, assist as he deems necessary
for the present or future safety of the employees, make a
complete report and post and distribute the report under W.S.
30-2-209(b).
(b)
The inspector or his deputy at the direction of the inspector in
consultation with an authorized representative of the mine
safety and health administration shall take charge of any
necessary mine rescue and recovery work and supervise the
reopening of mines that have been sealed or abandoned on account
of fire or other cause.
30-2-212.
Accident investigation; fatal accidents; procedure; coroner's
inquest; notification of inquest.
(a)
The inspector, or his deputy when authorized, shall investigate
all fatal accidents occurring in connection with mining
operations. In his investigation he may compel the attendance of
witnesses and administer oaths as if he were a coroner. The
costs of an investigation shall be paid by the county in which
the accident occurred in the same manner as costs of coroners
inquests are paid by law.
(b)
The inspector, or his deputy when authorized, may order the
coroner of the county in which the accident occurred to hold an
inquest into the accident. In choosing a jury for the inquest,
the coroner shall empanel at least one (1) experienced miner. It
is unlawful for the coroner to release the body of any person
killed in a mining accident without notice from the inspector
that an inquest is not necessary.
(c)
No inquest shall be held into the death of any person killed in
connection with mining operations unless the inspector has been
first notified that the inquest will take place and been given a
chance to participate. In an inquest the inspector may call,
examine and cross-examine witnesses, and he may testify as he
deems necessary to thoroughly inform the inquest of the causes
of death.
30-2-213.
Judicial review of decision of inspector; procedure; payment of
costs assessed against inspector; appeal.
(a)
Any person aggrieved or adversely affected in fact by a decision
of the inspector is entitled to judicial review of the decision
in the district court for the county in which the property
affected is located, or if no real property is involved, in
which the person aggrieved or adversely affected in fact resides
or has its principal place of business. The procedure to be
followed before the district court shall be in accordance with
rules adopted by the Wyoming supreme court except any costs
assessed against the inspector shall be paid by the county in
which the affected property, if any, is located or in which the
person aggrieved or adversely affected in fact resides or has
its principal place of business. The district court, in its
discretion, may appoint three (3) practical, competent and
disinterested persons, who shall, under instructions of the
court, forthwith examine the mine and make report under oath of
the facts as they exist or may have been, together with their
opinion thereon. The report shall become absolute, unless
exceptions are filed within ten (10) days after notice of the
filing of the report to the person aggrieved or adversely
affected in fact and the inspector. If exceptions are filed, the
court shall hear and determine the exceptions. The decision
shall be final and conclusive, subject only to appeal to the
supreme court.
(b)
Judicial review shall be in accordance with W.S. 16-3-114(c). An
interested party may obtain review of any final judgment of the
district court under this section by appeal to the supreme
court. The appeal shall be taken as in other civil cases.
ARTICLE
3
STATE
MINING COUNCIL
30-2-301.
Board of mines renamed mining council; created; composition;
qualifications, appointment and term of members; removal;
officers; rules; quorum; vacancies; compensation.
(a)
There is created a state board of mines which is renamed the
state mining council within the department of employment which
shall consist of eleven (11) members. Ten (10) members shall be
appointed equally from among the management and hourly employees
of the mining industry, including surface and underground coal
mining, and shall serve for a term of four (4) years and until
their successors are appointed and qualified except for the
inspector who is a member of the council and entitled to vote in
case of a tie. Each member of the council, except the inspector,
shall be a qualified elector of the state and shall have at
least five (5) years experience in the mining industry
immediately preceding his appointment. The members shall be
appointed by the governor by and with the advice and consent of
the senate and from among the management and employees of the
mining industry. The tenure of the members of the council shall
be so arranged that the terms of not more than five (5) of the
members shall expire in any one (1) year period. The governor
may remove any council member as provided in W.S. 9-1-202. The
council shall have among its appointed members:
(i)
An underground coal or gassy mine management official;
(ii)
A practical underground coal or gassy mine member; and
(iii)
A mining engineer.
(b)
The officers of the council are a president and a
vice-president, elected by the council from among its members,
and a secretary who need not be a member of the council. The
council has the power and duty to formulate and adopt rules
consistent with the provisions of law to govern its own
operation and functions. A majority of the combined council
represents a quorum necessary to transact council business.
(c)
Appointments, terms and the filling of vacancies shall be in
accordance with W.S. 28-12-101 through 28-12-103.
(d)
Members of the council shall receive compensation, per diem and
travel expenses in the same manner and amount as the state
legislature while going to, attending or returning from council
meetings or official committee meetings. An official committee
shall be any committee of two (2) or more council members
created by a majority vote of a quorum of the council.
30-2-302.
State mining council to act in conjunction with inspector.
The
council shall act in conjunction with the inspector to improve
safety, health, training, examinations and certification of
miners in mining operations and mines, in the production and the
processing of minerals, and in all installations, equipment and
operations constituting a part of mining operations and mines.
30-2-303.
Regular and special meetings of mining council; record of
proceedings.
Regular
meetings of the council shall be quarter-annually in the months
of February, May, August and November at a place within this
state determined by the council. Special meetings may be called
at any time by the governor, by the president of the council or
by the inspector of mines and shall be called upon the request
of any three (3) council members. Full and complete minutes and
records of all council meetings, proceedings and actions shall
be kept and preserved.
30-2-304.
Repealed by Laws 1993, ch. 88, § 2.
30-2-305.
Repealed by Laws 1993, ch. 88, § 2.
30-2-306.
State mining council; examinations for certificates; duty as to
examinations generally; meetings; notice of meetings.
The
state mining council shall examine applicants for certification
as mine foreman and mine examiner, and shall issue certificates
of competency to qualified applicants who pass the examination.
The council shall meet at least annually in May at Rock Springs
to examine applicants for certificates and may meet at other
times and places. The council shall decide the day and place of
all meetings. At least fifteen (15) days notice of the place and
date of every meeting of the council held for the purpose of
examining applicants shall be given by publication in a
newspaper published in the area where the examination is to be
held, and by posting copies of the published notice at all mines
in the vicinity of said place. A meeting held pursuant to this
section may be held in conjunction with regular council meetings
required by W.S. 30-2-303.
30-2-307.
State mining council; nature of examination generally; grading;
record to be kept; public inspection of record; fees for
examination and certificate; replacement.
(a)
The state mining council shall ascertain the experience,
knowledge and understanding of each applicant for the position
for which he desires a certificate. The council shall examine
applicants for mine examiner and mine foreman both orally and in
writing. To obtain a certificate the applicant shall obtain a
total weighted average grade of seventy-five percent (75%). A
complete record shall be made of each examination, including all
questions and answers, both oral and written. The record shall
be filed with the inspector and maintained permanently as a
public record.
(b)
Each applicant shall pay an examination fee which shall be set
annually by the council and shall be based upon anticipated
testing expenditures. The council upon satisfactory proof of
loss or destruction of a certificate shall issue a duplicate
upon receipt of five dollars ($5.00). All fees collected by the
council shall be deposited with the state treasurer and credited
to an account within the earmarked revenue fund and shall be
used for the administration of the mine foreman and mine
examiner certification examinations.
30-2-308.
Mine and unit foremen; when required; duties; mines to be
supervised by certified personnel.
Each
underground mine regularly employing five (5) or more persons
shall be supervised by a certified mine foreman who shall ensure
compliance with mining laws regarding his duties and the health
and safety of mine employees. If the mine foreman is unable
personally to perform his duties required by law because of the
extent of mining operations, the operator shall employ a
sufficient number of certified unit foremen who shall act under
the direction of the mine foreman. The mine or unit foreman
shall not permit any person to work in an unsafe place unless it
be for the purpose of making it safe. Work for the purpose of
making a place safe shall be under the direct supervision of a
certified official. The mine foreman shall provide data and
information regarding the operation of the mine required by the
inspector on forms furnished by the inspector.
30-2-309.
Mine foreman and mine examiner certificates; qualifications;
certificate required; re | 
