from whom the same is obtained except where such disclosure is warranted by a controversy with the producer over any order of the Commission.

(d) The price provisions of this Act shall not be evaded or violated by or through the use of docks or other storage facilities, or by or through the use of subsidiaries, affiliated sales companies or other intermediaries; and the Commission is hereby authorized, after investigations and hearing upon notice to the interested parties, to issue rules and regulations concerning such practices to make this section effective.

(e) All sales and contracts for the sale of coal shall be subject to the operation of this Act and the Code prices herein provided for; and the Commission shall provide rules and regulations to prevent evasions and violations of these provisions: Provided, That nothing herein contained shall impair the price provisions of any bona fide contract executed before the passage of this Act in which the selling price of any coal or grades of coal to be delivered is not below the minimum price to be established as hereinabove provided.

(f) Code members may establish cooperative marketing agencies for the disposal of their coals provided that such agencies comply with the provisions of this title.

(g) In order to promote the service of consuming markets by competitive districts, the Commission may adopt rules not in conflict with this Act whereby district boards and/or marketing agencies may provide for fair competitive prices and practices in such markets. All such agreements shall be submitted to and be approved by the Commission and upon such approval shall be binding upon all code members within the districts or marketing agencies so agreeing: Provided, That if any district board or marketing agency or code member feels aggrieved by such agreement as to fair market prices and practices, or by a failure to reach any agreement with respect thereto, he or it shall have the right to lay such grievance before the Commission which shall give twenty days' notice in writing to all parties in interest and proceed to hear such complaint. Upon such hearing the Commission shall consider the grades, character, qualities, and use values of the coals involved and the current demands therefor in the market or markets under consideration, and may confirm, modify, or fix such price or prices upon the basis of establishing a fair and reasonable relationship in the delivery price of such coal or coals: Provided, That such delivery prices shall be made with due regard to the minimum and maximum mine prices established as hereinabove provided.

PART III. LABOR RELATIONS.-To effectuate the purposes of this Act, the national and district boards and code members accept the following conditions which shall be contained in said Code;

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from interference, restraint, or coercion of employers, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; and no employee and no one seeking employment shall be required as a condition of employment to join any company union.

(b) Employees shall have the right of peaceable assemblage for the discussion of the principles of collective bargaining; shall be entitled to select their own checkweighmen to inspect the weighing or measuring of coal, and shall not be required as a condition of employment to live in company houses or to trade at the store of the employer.

(c) A Bituminous Coal Labor Board, consisting of three members, shall be appointed by the President of the United States to be assigned to the Department of Labor. The chairman shall be an impartial person with no financial interest in the industry, or connection with any organization of the employees. Of the other members, one shall be a representative of the producers and one shall be a representative of the organized employees, each of whom may retain his respective interest in the industry or relationship to the organization of employees. The Board shall, without regard to the provisions of the civilservice laws, appoint a secretary and necessary clerical and other assistants. The members shall serve for a period of five years and until their successors are named, and shall each receive compensation at the rate of $12,000 per annum and expenses. Decisions of the Board may be by a majority thereof. (d) The Bituminous Coal Labor Board shall sit at such places as it duties require, and may appoint an examiner to report evidence for its finding in any particular case. It shall notify the parties to any disputes of the time

and places of the taking of evidence or the hearing of the causes and its finding of facts supported by any proper evidence shall be conclusive upon review thereof by any court of the United States. It shall transmit its findings and order to the parties interested and to the Commission.

(e) The Labor Board shall have authority to determine whether or not an organization of employees has been promoted, or is controlled or dominated by an employer in its organization, management, policy, or election of representatives; and for the purpose of determining who are the freely chosen representatives of the employees the Board may order and under its supervision may conduct an election of employees for that purpose. The Labor Board may order a code member to meet the representatives of its employees for the purpose of collective bargaining.

(f) The Board may offer its services as mediator in any dispute between a producer and its employees where such dispute is not determinable by the tribunal set up in a bona fide collective contract; and upon the written submission by the parties requesting an award on a stated matter signed by the duly accredited representatives of the employer and employees, the Board may arbitrate the matter submitted.

(g) Whenever the maximum daily and weekly hours of labor are agreed upon in any contract or contracts negotiated between the producers of more than one-half the annual national tonnage and the representatives of more than one-half the mine workers employed, such maximum hours of labor shall be accepted by all the Code members. The wage agreement or agreements negotiated by collective bargaining in any district or group of two or more districts between representatives of producers of the majority of its annual tonnage production and representatives of the majority of the mine workers therein belonging to a recognized national association of mine workers, shall be filed with the Labor Board and shall be accepted as the minimum wages for all such classifications of labor by the Code members operating in such district or group of districts.

ORGANIZATION OF THE CODE

SEC. 5. Upon the appointment of the Commission it shall at once assist in the formulation of said Code and the organization of the national and district boards as provided for in section 4, and shall prepare and supply forms of acceptance for membership therein to be executed and acknowledged before any official authorized to take acknowledgments by all coal producers in the United States. The membership of any such coal producer in such Code and his right as such to a drawback on the taxes levied under section 5 of this title, may be revoked by the Commission after a hearing, with thirty days' written notice to the member, upon proof that such member has failed or refused to comply with any duty or requirement imposed upon him by reason of his membership; and in such a hearing any party in interest, including the national and district boards, other members, consumers, employees, and the Commissioner of Internal Revenue, shall be entitled to present evidence and be heard.

The Commission shall keep a record of the evidence heard by it in any proceeding to cancel or revoke the membership of any coal producer in said Code and its finding of facts if supported by any proper evidence shall be conclusive upon any proceeding to review or restrain the action and order of the Commission in any court of the United States.

When the alleged violation of the Code relates to the provisions of part III of section 4 of this title, the Commission shall accept the certified findings and orders of the Bituminous Coal Labor Board and inquire into the compliance or noncompliance of the code member with respect thereto.

Any producer whose membership in the Code and whose right to a drawback on the taxes as provided under this title has been canceled, shall have the right to have his membership restored upon payment by him of all taxes in full for the month or months during which it was found by the Commission that his violation of the Code had occurred.

SEC. 6. All provisions of the law, including penalties, relating to the collection of taxes, shall insofar as applicable and not inconsistent with the provisions of this Act, be applicable with respect to taxes imposed under this Act. SEO. 7. The members of the Commission and of the Bituminous Coal Labor Board are authorized to administer oaths to witnesses appearing before their respective boards; and, for the purpose of conducting its investigations, said

Commission or the said Labor Board shall have full power to issue subpenas and subpenas duces tecum, which shall be as near as may be in the form of subpenas issued by District Courts of the United States. In case any person shall fail or refuse to obey such subpena it shall be the duty of the Commission or the Labor Board, through its chairman, to make application to the District Court of the United States setting forth the issue and service of such subpena and the refusal of the person to obey the same and requesting such court to compel such person to appear before such court and show lawful cause for such refusal. Upon the filing of such application with the clerk of such court, it shall be the duty of the judge thereof, either in term time or vacation, to forthwith enter an order of record requiring such person to appear before such court at a time stated in said order within three days from such entry, and show cause why he should not be required to obey such subpena, and upon his failure to show cause it shall be the duty of the court to order such witness to appear before the said Commission or Labor Board and give such testimony or produce such evidence as may be lawfully required by said Commission or Labor Board. The district court, either in term time or vacation, shall have full power to punish for contempt as in other cases of refusal to obey the process and order of such court.

SEC. 8. Should any producer or producers of bituminous coal not accept and maintain membership under the Code set out in section 4 of this title, he or they shall, in addition to the tax herein provided and without the privilege of any drawback thereon, be held subject to other Acts of Congress regulating industries and their labor relations or providing for codes of fair competition therein: Provided, That the employees of all producers shall have the rights of selforganization and collective bargaining through representatives of their own choosing free from the interference, restraint, or coercion of employers or their agents, all as set forth in section 4, part III (a) and (b) of this title.

SEC. 9. State laws regulating the mining of coal not inconsistent herewith are not affected by this Act.

SEC. 10. No certificate of convenience and necessity authorizing the extension of railroad facilities shall be made by the Interstate Commerce Commission for the service of any mine producing bituminous coal for the commercial markets except upon the approval of the National Bituminous Coal Commission.

SEC. 11. Every corporation engaged in mining bituminous coal which ships its coal in interstate commerce either directly or through a subsidiary or an agent, or which uses the mails or other means of communication in interstate commerce to dispose of such coal, shall be subject to, and, as a prerequisite to its right as a corporation to engage in interstate transactions, shall file with the Commission its acceptance of the provisions of title I of this Act.

SEC. 12. If any provisions of this title, or the application thereof to any person or persons, is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances shall not be affected thereby.

OTHER DUTIES OF THE COMMISSION

SEC. 13. The Commission shall study and investigate the matter of increasing the uses of bituminous coal and the problems of its importation and exportation; and shall further investigate

(1) The economic operations of mines with the view to the conservation of the national coal resources.

(2) The safe operation of mines for the purpose of minimizing working hazards, and for such purpose as shall be authorized to employ the services of the Bureau of Mines.

(3) The rehabilitation of mine workers displaced from employment, and the relief of mine workers partially employed. The Commission's findings and recommendation shall be transmitted to the proper agency of the Government for relief, rehabilitation, and subsistence homesteads.

(4) The problem of marketing to lower distributing costs for the benefit of consumers.

SEC. 14. Upon substantial complaint that bituminous coal prices are excessive and oppressive of consumers, or that the national board or any district board, or producers' marketing agency, is operating against the public interest, or in violation of this title, the Commission may hear such complaint, or appoint a committee to investigate the same, and its findings shall be made public; and the Commission shall make proper orders within the purview of this Act so as to correct such abuses.

SEC. 15. The term "bituminous coal" as used in this Act shall include all bituminous and subbituminous coal and lignite. The term "producer shall include all persons, firms, associations, corporations, trustees, and receivers operating bituminous coal mines.

SEC. 16. Section 3 of this title shall become effective on the first day of the second calendar month after its enactment, and other sections shall become effective on the day of its enactment.

SEC. 17. There is hereby authorized to be appropriated from time to time such sums as may be necessary for the administration of this Act.

TITLE II-THE BITUMINOUS-COAL RESERVE

SECTION 1. For the purpose of conserving the Nation's bituminous-coal resources, promoting the economical production of coal, checking the evil of excessive and wasteful production, and assuring future supplies in time of peace and war, there is hereby created a National Bituminous Coal Reserve.

SEC. 2. Upon approval by the National Bituminous Coal Commission, the Secretary of the Interior is authorized to purchase lands containing bituminous coal deposits suitable for mining, to be acquired as herein provided, and to be held and administered under the authority of the Secretary of the Interior as other public lands are administered, subject, however, to the provisions of this Act.

SEC. 3. Any owner desiring to sell lands containing bituminous-coal deposits or the mineral rights to such coal, shall submit to the Commission his offer, together with evidence of his title, and such surveys, maps, records, and estimates as the Commission may require: Provided, That where such offer is made by an owner engaged in mining it shall be considered only if such owner has fully complied with the provisions of title I of this Act. The Commission, under the direction and approval of the Secretary of the Interior, shall employ such experts and make such surveys as may be necessary. Should the Commission approve the terms of the sale, the purchase of such lands and rights may be consummated on the written approval of the Secretary of the Interior. All titles should be examined by the Attorney General.

SEC. 4. All lands acquired for the National Bituminous Coal Reserve shall include the fee-simple title and the right to all minerals therein; and where it is necessary to perfect such complete title the United States may acquire by condemnation the surface title or the mineral rights as the case may be. And upon the purchase of any land or lands, the United States may acquire by condemnation such other land or lands as may be deemed by the Commission necessary to constitute a tract suitable for future mining operations. In the event of purchase or condemnation as herein provided, due consideration shall be given the value of machinery and equipment that may be in use in the mining of such lands. Upon the acquisition of any such lands their adaptability to forestation shall be considered by the National Forest Reservation Commission, and if considered so acceptable shall for the purposes of forestation be administered by the said Forest Reservation Commission.

SEC. 5. No lands within the National Bituminous Coal Reserve shall be mined or leased for mining except upon the order of the National Bituminous Coal Commission after finding that an emergency in the coal market or a shortage of producing facilities in any district, reasonably warrant such operation, and such mining operation shall be in accordance with title I of this Act: Provided, That in time of war the President of the United States may direct the operation or leasing of mines within said reserve.

SEC. 6. All public lands now owned by the United States carrying bituminouscoal deposits available for commercial mining shall be included within such National Bituminous Coal Reserve: Provided, That nothing herein contained shall be construed as affecting the laws of the United States regulating the mining of other minerals than coal on public lands.

SEC. 7. Existing and future rights-of-way across such lands for highways, railways, electric, telephone and telegraph lines, or pipe lines, shall be subject to the rules and regulations prescribed by the Secretary of the Interior.

SEC. 8. For the purposes of this title there is hereby appropriated the sum of $300,000,000. To provide said sum there is hereby authorized to be issued by the Secretary of the Treasury of the United States $300,000,000 par value 3 per centum fifty-year United States Government bonds, convertible at par at any interest date. Said bonds shall be disposed of as follows:

The purchase price of all lands acquired by voluntary sale shall be paid in said bonds which shall be accepted at their face value. A sufficient amount of said bonds shall from time to time be sold at not less than par to provide for the payment in lawful money of the United States for all lands and rights acquired by condemnation in accordance with the provisions of this title.

SEC. 9. In addition to all other taxes there is hereby levied a tax of 10 cents per ton on the annual bituminous-coal output, which shall be collected as other taxes are and in accordance with such regulations as shall be prescribed by the Commissioner of Internal Revenue: Provided, That of this tax not more than 1 cent per ton shall be levied for each $30,000,000 of the bond issue herein provided, or fractional part of such amount, delivered or sold in any one year for the purchase or condemnation of lands. Of the taxes so collected 40 per centum shall go into a sinking fund to be applied to the payment of the interest on and redemption of said bonds and 60 per centum shall be deposited in a fund to be expended under the direction of the President of the United States for the rehabilitation of miners who have been displaced from employment by reason of the withdrawal of coal lands from mining operation as provided under this title. Said sum, together with any other funds available for such purpose, shall be expended under the direction of the President of the United States by the Bituminous Coal Labor Board or by any other agency the President may select. In any work of reforestation of said lands preference in employment shall be given to such unemployed miners: Provided, That the rehabilitation fund herein provided shall not be expended in such work of forestation.

SEC. 10. All proceeds derived from the sale of coal reserve lands, royalties, from mining rights therein made in accordance with the provisions of this title, or from sales of timber or other revenue derived from such lands shall be paid into the sinking fund for the service and retirement of said bonds. SEC. 11. Title II of this Act shall go into effect from and after its approval by the President.

SEC. 12. This Act may be cited as the "Bituminous Coal Conservation Act of 1935."

ANNEX TO ACT-SCHEDULE OF DISTRICTS

DISTRICT 1. The following counties in Pennsylvania: Armstrong, Bedford, Blair, Cambria, Centre, Clarion, Cameron, Clearfield, Clinton, Elk, Forest, Fayette, Fulton, Huntingdon, Indiana, Jefferson, Lycoming, McKean, Potter, Somerset, Tioga, Westmoreland; all of the coal-producing counties in the State of Maryland, and, the following counties in West Virginia: Grant, Mineral, and Rucker.

DISTRICT 2. The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, and Washington. And the following counties in the Panhandle of West Virginia: Ohio, Brooke, Hancock, and Marshall.

DISTRICT 3. All of the coal-producing counties in Ohio and Michigan.

DISTRICT 4. The following counties in northern West Virginia: Braxton, Barbour, Calhoun, Doddridge, Harrison, Jackson, Lewis, Marion, Monongalia, Preston, Pleasants Randolph, Ritchie, Roane, Tyler, Taylor, Upshur, Wetzel, Webster, Wirt, and Wood.

DISTRICT 5. All the coal-producing counties in West Virginia not included in District 4; and all of the coal-producing counties in Virginia; not including herein areas and operations producing smokeless or low-volatile coal.

DISTRICT 6. All the areas and operations producing smokeless or low-volatile coal in the counties included in District 5.

DISTRICT 7. All coal-producing counties in eastern Kentucky east of the line running due north and south between Jefferson and Monroe Counties. DISTRICT 8. All of the counties in Tennessee producing coal except Marion, Grundy, Warren, White, Van Buren, Hamilton, Ray, McMinn, Bledsoe, and Sequatchie; and the coal-producing counties in North Carolina.

DISTRICT 9. All of the counties in the State of Alabama producing coal and the following counties in southern Tennessee: Marion, Grundy, Warren, White, Van Buren, Hamilton, Ray, McMinn, Bledsoe, and Sequatchie, and all of the counties in Georgia producing coal,

DISTRICT 10. All coal-producing counties in western Kentucky lying west of the line running due north and south between Clark and Monroe Counties. DISTRICT 11. All coal-producing counties in the State of Indiana.