Executive Officer.
SEC. 90. Executive Officer. - The Secretary, through the Director, shall be the Executive Officer charged with carrying out the provisions of this Decree. Except as herein provided the Secretary, upon recommendation of the Director, shall issue the rules, regulations and orders necessary to carry out the provisions and purposes of this Decree.
Conservation Measures.
SEC. 91. Conservation Measures. - All lessees under this Decree shall take appropriate measures and undertake researches in accordance with the most modern practices to maximize recovery and wise utilization of minerals and stop or prevent wastes in mining and milling operations. Rules and regulations may be issued which shall require mine operators to utilize in their exploration, development, exploitation and utilization, the latest and most improved methods and devices to prevent wastes, or from causing pollution or otherwise damaging streams, surface or underground water supply, and valuable mineral deposits.
During the productive operation of any mine or leased mineral lands, the operator or lessee shall take necessary measures to provide for the growth and development of any industry suitable for the area, other than mining in order that when the mine is exhausted or becomes no longer profitable for mining purposes the people residing therein or those who used to work for the mine will have a substitute industry or business activity to provide for their means of livelihood. Furthermore, the mine or leased area shall be placed in a condition suitable for habitation or agriculture, and free from danger of cave-ins, slides, and other risks brought about by the mining operations.
SEC. 92. Fixed Taxes and Work Obligations. -Work obligations, special taxes and royalties which are fixed by the provisions of this Decree are considered as inherent in all mining leases granted hereunder, and shall remain at the rates and levels in force at the time such leases were issued. Any increase in the amount or rate of such work obligations, special taxes or royalties shall apply only to mining leases granted subsequent to the effectivity of any such increase.
SEC. 93. Fixed Causes of Cancellation. The causes of cancellation provided in this Decree shall be considered as inherent in all mining leases or other rights granted hereunder, and no new cause or modification of such causes shall apply to any lease or right existing at the time such new or modified causes are made effective.
Mine Evaluation.
SEC. 94. Mine Evaluation. - The appraisal or reappraisal, valuation or re-evaluation of any mine, mining claim or claims with or without improvements thereon, whether patented, leased or otherwise, for the purpose of raising capital for the formation or organization of a partnership or corporation or for determining the present net value of the mines, shall be made by the Director or his duly authorized representative. No mine, mining claim or claims with or without improvements thereon, whether patented, leased or otherwise, shall be accepted as asset or basis of any asset in any formation or organization of a partnership or corporation without the value thereof having been first appraised or determined by the Director as herein provided.
Drilling and Exploration by the Bureau of Mines on Registered Mining Claims.
SEC. 95. Drilling and Exploration by the Bureau of Mines on Registered Mining Claims. - In accordance with the mineral policy of the Government, the Bureau of Mines shall give priority to the exploration, development and exploitation of critical and/or valuable commercial minerals needed to meet urgent national demands and economic development, and for this purpose, the Bureau of Mines may conduct exploration and drilling work not only in public lands and government reservations, but also within claims located and recorded by private parties and using for such purpose its funds, personnel and equipment. In the latter case, and in the event that commercial deposits are proven by such exploration and drilling work, such private parties shall reimburse the Bureau of Mines of all the expenses it incurred in exploring and drilling said mining claims, or part thereof, based on a schedule of reimbursement approved by the Secretary upon recommendation of the Director. The lease which may be granted covering the area so explored and drilled shall contain stipulations as to the term of payment five (5) years from the date of the lease, and with surcharges not exceeding twelve per centum (12%) per annum on the total expenses incurred by the Bureau of Mines.
The declaration of location form to be used in locating and recording mining claims, shall contain a proviso recognizing the authority of the Director or his representative to enter the mining claims located and recorded by private parties, and may conduct such exploration work within the area when in his opinion it is to the best interest of the country that the Bureau of Mines undertake such work.
SEC. 96. Minerals Not Included in Land Grants. -Land grant to provinces, districts or municipalities to aid in the construction of roads, or for other public purposes, shall not include minerals therein.
Assignment of Mining Rights.
SEC. 97. Assignment of Mining Rights. - A mining lease contract or any interest therein shall not be transferred, assigned, or subleased without the prior approval of the Secretary: Provided, That such transfer, assignment or sublease may be made only to a qualified person possessing the resources and capability to continue the mining operations of the lessee and that the assignor has complied with all the obligations of the lease: Provided, further, That such transfer or assignment shall be duly registered with the office of the mining recorder concerned.
Maps of Mine Workings Required.
SEC. 98. Maps of Mine Workings Required. - Lessees undertaking underground operation shall prepare and maintain a map or maps of convenient scale showing their workings which shall be updated and made available to the Director or his representative upon demand.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).