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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Minerals, Oil and Gas
Chapter : STATE AGENCIES AND OFFICERS
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27-101.01 Department of mines and mineral resources; objectives
A. A department of mines and mineral resources is established.
B. The objectives of the department are to promote the development of the mineral
resources of this state through technical and educational processes including field
investigations, public seminars, publications, conferences, mineral displays and by
providing mining, metallurgical and other technical information and assistance to
prospectors, operators of small mines, the mineral industry and to all others interested
in the mineral resources of this state.
27-101 Definitions
In this article, unless the context otherwise requires:
1. "Board" means the board of governors of the department.
2. "Department" means the department of mines and mineral resources.
3. "Director" means the director of the department.
4. "Minerals" includes metals and metallic and nonmetallic minerals, except oil and
gas.
27-102 Duties; mines and mineral resources fund
A. The department shall:
1. Promote the development of the mineral resources and industry of this state by
participating in conferences, seminars, forums, speaking engagements, public news media
and other functions necessary to achieve its objectives.
2. Conduct studies of the economic problems of prospectors and operators of small
mines for the purpose of assisting in their solution and investigate their properties to
assist in development.
3. Maintain:
(a) An information bank and library of mineral and mining information, including
books, periodicals, films, videotapes and individual mine files.
(b) Underground mine map repository files, mining district data and an archive of
mine data.
(c) A mineral museum as the state depository for collecting, cataloging and
displaying mineral specimens of various ores, gemstones, lapidary material and other
valuable mineral specimens. The director may establish entrance fees to the museum for
persons who are at least eighteen years of age.
4. Provide quality mining data, evaluation and assistance relating to mineral
development to the legislature and other state and county agencies.
5. Make surveys of potential economic mineral resources and conduct field and other
investigations which may interest capital in the development of the state's mineral
resources.
6. Serve as a center of mining information for this state in matters relating to
its mineral resources and monitor current mining and exploration activities.
7. Publish and disseminate information and data necessary or advisable to attain
its objectives. The director may establish reasonable fees for publications.
8. Cooperate with the state land department to encourage mining activity on state
lands.
9. Cooperate with the corporation commission in its investigations and
administration of laws relating to the sale of mining securities.
10. Cooperate with the state geologist and deliver to the ARIZONA geological survey
problems which the field work of the department shows to be within the scope of the
activities of the ARIZONA geological survey.
11. Cooperate with federal and other agencies in matters related to developing
mineral resources in this state.
12. Oppose congressional acts favoring reciprocal or duty free imports of foreign
minerals.
13. Use its authority in other ways to assist in more extensive exploration and
development of the mineral resources of the state.
B. A mines and mineral resources fund is established consisting of monies received
pursuant to subsection A, paragraph 3, subdivision (c) and paragraph 7 of this section
and section 27-105, paragraphs 6 and 7. Monies in the fund are continuously appropriated
to the department for purposes of administration of this article, and monies in the fund
are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
27-103 Board of governors; membership; appointment; terms; compensation
A. The board of governors of the department shall consist of five members who shall
be appointed by the governor.
B. The term of each member shall be five years, one term to expire January 31 each
year. Upon expiration of the term of a member a successor shall be appointed for a full
term of five years. A member may continue to serve until a successor is appointed and
qualified. Appointment to fill a vacancy resulting other than from expiration of term
shall be for the unexpired portion of the term only.
C. Members of the board shall receive no compensation for their services.
27-104 Board organization; office location; meetings
A. The officers of the board shall be a chairman, vice-chairman and secretary who
shall be selected and appointed by the board.
B. The office of the board shall be maintained with the department's main office.
C. Regular meetings of the board shall be held quarterly, and special meetings may
be called by the chairman or a majority of the members.
27-105 Powers and duties of board of governors
The board shall:
1. Establish field offices it deems necessary.
2. Prescribe the number of field and office assistants.
3. Formulate the program and policies of the department.
4. Adopt rules and regulations for government of the department.
5. Purchase necessary office equipment and rent or lease necessary office space.
6. Accept gifts, bequests or legacies of real or personal property, or any other
contribution, financial or otherwise, for use in accordance with the direction of the
donor, or, in the absence of an express direction, to be disposed of for the best
interests of the state. Monies received pursuant to this paragraph shall be deposited in
a separate account of the mines and mineral resources fund established by section 27-102.
7. Accept from the federal government or its agencies monies made available to the
state for the purposes of this article.
8. Enter into cooperative agreements with the federal government and its agencies
or with any mining agency created by the law of any state for the purpose of carrying out
this article.
27-106 Annual report of board of governors
A. The board shall transmit to the governor, not later than August 15 each year, an
annual report of the activities of the department during the preceding fiscal year, which
shall include the quarterly reports of the director and a complete financial statement.
B. The report shall be printed and made available to each member or member-elect of
the legislature and to the public.
27-107 Director of department; compensation
A. The director of the department shall be appointed by the board. The person
appointed shall be a mining, metallurgical or geological engineer graduated from an
accredited school, qualified by education and experience in the minerals industry and
shall possess a certificate of registration as an engineer or a geologist, issued by the
state board of technical registration.
B. The director is entitled to receive compensation as determined pursuant to
section 38-611.
27-108 Duties of director
The director shall have charge and control of the work of the department, including
field offices and shall appoint the field and office assistants. The compensation for
such assistants shall be as determined pursuant to section 38-611. He shall administer
the finances of the department, subject to the provisions of law and the rules of the
board and shall perform other duties the board prescribes.
27-109 Report of director to board
Not less than ten days prior to each regular meeting of the board, the director
shall submit a report to the board which shall contain a comprehensive survey of the
activities of the department during the preceding quarter, including a complete financial
statement, and shall contain other matters the board requires.
27-110 Employees; qualifications; private activities related to mining prohibited
Qualifications of employees of the department shall be prescribed by the
board. Neither the director nor any employee shall:
1. Acquire a pecuniary interest in any mining property in the state.
2. Act as broker or agent for any purchaser, owner or agent of mining property,
equipment or products.
3. Accept any commission or compensation for services rendered in connection with
the mining industry.
4. Make an investigation or report on an individual property for evaluation or
private use other than in pursuance of his official duties.
27-111 Financial provisions
A. Monies received from any source by the department shall be deposited, pursuant
to sections 35-146 and 35-147, in the mines and mineral resources fund established by
section 27-102. Monies received pursuant to section 27-105, paragraphs 6 and 7 shall be
credited to a special account in the fund, designated as the department of mines and
mineral resources account, to be used by the department in accordance with the provisions
of section 27-105, paragraph 6 or 7, as appropriate. Monies received pursuant to section
27-102, subsection A, paragraph 3, subdivision (c) shall be credited to an account in the
mines and mineral resources fund to be used for operations of the mineral museum. Monies
obtained from the sale of publications under section 27-102, subsection A, paragraph 7
shall be credited to the department's printing revolving account in the fund for printing
further publications. Monies in the department's printing revolving account that at any
time are in excess of ten thousand dollars shall immediately revert to the state general
fund.
B. Monies in the department's printing revolving account up to an amount of ten
thousand dollars and monies in other accounts in the mines and mineral resources fund are
exempt from the provisions of section 35-190 relating to the lapsing of appropriations.
C. Claims for expenses shall be approved by the director. 27-121 Qualifications of mine inspector; duties; deputies; salary; immunity
A. The state mine inspector shall be a resident of this state at least two years
before election, not under thirty years of age, and shall have been practically engaged
in, and acquainted with, mines and mining in this state, and shall have had at least four
years' experience in underground mining and three additional years in either underground
mining, smelting, open pit mining, or experience in any industry under the jurisdiction
of the state mine inspector.
B. No person may be an inspector or deputy inspector while an employee, director or
officer of a mining, milling or smelting company.
C. The inspector, and each deputy, shall devote full time to official duties.
D. The inspector shall receive an annual salary pursuant to section 41-1904 and
necessary traveling expenses when traveling in discharge of official duties.
E. The mine inspector shall have a seal bearing the words "Mine Inspector, State of
ARIZONA", which shall be affixed to official documents.
F. Any claim or action against the mine inspector or the inspector's deputies,
agents or employees in their official capacity as described in this title shall be
brought against the state of ARIZONA and not against the mine inspector, deputy, agent or
employee individually.
27-122 Deputy inspectors
The state mine inspector may appoint and assign such deputy inspectors to perform
the duties of the state mine inspector as prescribed by law. All deputies shall receive
compensation as determined pursuant to section 38-611.
27-124 Mine inspections required; powers of inspector
A. The mine inspector shall inspect, at least once every three months, every active
underground mine in the state employing fifty or more persons, and at least once each
year, every other mine. The inspector shall inspect the operation, conditions, safety
appliances, machinery, equipment, sanitation and ventilation, the means of ingress and
egress, the means taken to protect the lives, health and safety of the miners, the cause
of accidents and deaths occurring at the mine, and the means taken to comply with the
provisions of this title.
B. The mine inspector may enter and inspect any abandoned or inactive mine to
determine whether any dangerous condition exists which may affect the health and safety
of the general public.
C. The inspector at any time may enter, examine and inspect any mine or part of any
mine and inspect any connected plant or equipment or any part of the workings of the
mine.
D. The mine operator or designated representative shall accompany the inspector,
without unreasonable delay, while conducting inspections.
27-125 Inspection report
After every inspection the inspector shall fill out and leave with the operator a
preliminary inspection report that lists the inspection party, the part of the operation
inspected, the type of inspection and every violation of the state mining code observed
during the inspection, but nothing contained in or omitted from the entry shall limit or
affect the duty and obligation of the owner or operator of the property under this
title. Within a reasonable length of time a typed copy of the inspection report shall be
sent to the operator which shall be filed at the office of the operations. The report
shall be available at all reasonable times.
27-126 Annual report to governor
A. The mine inspector on March 31 each year shall make and file with the governor a
statistical summary and report of the work during the year ending December 31. The
report shall contain a statement showing the number of persons employed in each mine,
and, separately, the number of persons employed above ground and under ground, the number
and nature of fatal and serious accidents occurring in each mine, the number of
inspections made, complaints filed, inquests attended, mines or mine workings ordered to
be vacated, violations found, and other information deemed important, together with
necessary or desirable recommendations.
B. Copies of the report shall be published and distributed at the expense of the
state.
27-127 Restrictions on divulging information by inspectors and employees; dismissal for violation
A. No inspector, deputy or employee shall make a report with respect to a mining
property or prospect, except an official report to his superior officer or to the
governor, nor shall he make public or reveal to any other person knowledge or information
obtained by him in the exercise of his official duties concerning ore, ore bodies or
values, of any mine or part thereof.
B. An inspector or deputy violating this section shall be dismissed from office.
27-128 Inspection of mines; violation; classification
A. The state mine inspector or a deputy inspector shall inspect each mine in the
state as frequently as necessary to determine whether any hazardous dust condition exists
therein. There shall be a prompt inspection of any mine in which he or a deputy
inspector has reason to believe a hazardous dust condition exists or with respect to
which complaint of a hazardous dust condition has been made as provided in section
27-308. The mine inspector or a deputy inspector shall make recommendations to mine
operators as to methods of reducing dust and whenever he finds a hazardous dust condition
he shall notify the mine operator thereof. The notice shall be in writing and shall
specify a reasonable time within which the dust condition must be remedied. The mine
operator shall install within the time specified, and thereafter maintain and operate,
dust prevention practices which remedy the hazardous dust condition.
B. If the dust prevention practices are not installed within the time specified in
the notice or are not thereafter maintained, the state mine inspector or a deputy
inspector shall forthwith order cessation of operations, except for necessary maintenance
and repair work, in all parts of the mine in which hazardous dust conditions exist or are
produced by operations until the condition is remedied. Written notice of the order
shall be given the mine operator and any mine operator who thereafter knowingly fails to
obey the order is guilty of a class 2 misdemeanor.
27-129 Locating abandoned mines; public education
A. Subject to legislative appropriation, the state mine inspector shall establish a
program to locate, inventory, classify and eliminate public safety hazards at abandoned
mines as defined in section 27-301. The state mine inspector shall spend state
appropriated monies to locate, inventory, classify and eliminate public safety hazards at
abandoned mines on state land first and thereafter any public safety hazards at abandoned
mines on land not owned by this state.
B. Using reasonable efforts, the state mine inspector shall attempt to notify in
writing the owner, or other responsible party, of an abandoned mine at which a public
safety hazard exists of the requirements of section 27-318 with respect to abandoned
mines.
C. The state mine inspector may establish public education programs to recognize
and avoid public safety hazards at abandoned mine sites.
D. To accomplish the purposes of this section, the state mine inspector may accept
monies for deposit in the state general fund received from any source, including
restricted or unrestricted federal funds, gifts and contributions from other governmental
agencies, individuals, corporations or other organizations. The state shall separately
account for monies that are received pursuant to this subsection and that are deposited
in the state general fund.
E. The state mine inspector may enter into intergovernmental agreements with Indian
tribes in the state to extend the abandoned mine program onto tribal lands. 27-130 Disposal of surplus equipment
Notwithstanding any other law, the state mine inspector may dispose of surplus used
mine rescue equipment which the state mine inspector determines has no value to the state
by transferring it to a nonprofit mine rescue organization to be utilized by the
organization for a public purpose in this state or by transferring it to a political
subdivision of the state. 27-131 Abandoned mines safety fund; annual report
A. Notwithstanding section 27-129, subsection D, the abandoned mines safety fund
is established consisting of:
1. Gifts, grants and contributions specifically designated for the fund.
2. Monies that may be appropriated by the legislature to the fund to match the
gifts, grants and contributions based on the preceding year's expenditure report required
under subsection D of this section.
B. The state mine inspector shall administer the fund. Monies in the fund are
exempt from lapsing pursuant to section 35-190.
C. Monies in the fund are continuously appropriated to the inspector to ensure
public safety at abandoned mines on land owned by this state as provided by section
27-129. The inspector shall use monies in the fund to pay contractors for actual
abatement costs to fill, fence or plug shafts and adits and not to pay administrative
salaries and other costs. The inspector shall consult with the state land commissioner
to identify and prioritize the abandoned mine sites on state lands to be considered for
abatement.
D. Each year the inspector shall submit an annual report to the joint legislative
budget committee on or before December 1 concerning the expenditure of monies from the
fund and contributions to the fund during the preceding fiscal year. The report shall
itemize each expense paid from the fund and shall describe the actions taken to ensure
public safety.
27-151.01 Qualifications of employees; private activities relating to geological services prohibited
Qualifications of employees of the ARIZONA geological survey shall be prescribed by
the state geologist with the concurrence of the governor. Neither the state geologist nor
any employee shall:
1. Acquire a pecuniary interest in any mineral resources property in the state.
2. Act as broker or agent for any purchaser, owner or agent of mineral resources
property, equipment or products.
3. Accept any commission or compensation for services rendered in connection with
industry in this state.
4. Make an investigation or report on an individual ARIZONA deposit of mineral
resources or metallurgical process other than pursuant to such employee's official
duties.
27-151 ARIZONA geological survey; state geologist; powers; definition
A. The ARIZONA geological survey is established with offices located in proximity
to the university of ARIZONA in Tucson. The governor shall appoint a state geologist,
pursuant to section 38-211, to be the administrative head of the ARIZONA geological
survey and to serve at the pleasure of the governor. The state geologist shall be
registered as a geologist by the state board of technical registration, a graduate of an
accredited institution and otherwise qualified by education and experience to direct the
research and information functions of the ARIZONA geological survey.
B. The state geologist may organize the ARIZONA geological survey into such
administrative units, and employ such permanent, temporary, part-time and volunteer
professional and support staff, as necessary to achieve the objectives and promote the
policies prescribed by this article.
C. The state geologist may:
1. Retain the services of faculty members or students, and shall have reasonable
access to the data and other resources, of the university of ARIZONA or any other state
university in this state to conduct or supervise research, experimentation or other
related work of the ARIZONA geological survey.
2. Organize field expeditions to perform work for the ARIZONA geological survey
using university students who are sufficiently advanced in their study of geology to be
able to perform satisfactory work.
3. Establish and appoint an advisory board consisting of independent practicing
geologists, university or college faculty, mining geologists and others who use and rely
on data, information and other services of the ARIZONA geological survey.
D. The expenses of the ARIZONA geological survey shall be paid by annual
appropriation from the state general fund and as otherwise provided by this article.
E. For purposes of this article, "mineral resources" means all metallic,
nonmetallic and energy resources, including coal, oil, natural gas, geothermal resources,
carbon dioxide and helium.
27-152.01 Duties of ARIZONA geological survey
The ARIZONA geological survey shall:
1. Map and describe the bedrock and related geologic materials and processes in
ARIZONA, as follows:
(a) Prepare geologic maps that show the distribution of rock formations and
surficial materials at the surface and in the subsurface.
(b) Describe the character of rock and surficial materials, including their age,
origin and physical and chemical properties.
(c) Map, describe and monitor known and potential geologic hazards and limitations
to land and resource management.
(d) Map and characterize energy and mineral resources and identify areas that may
have potential for future discoveries.
2. Provide objective, scientific information about the geologic character of this
state as follows:
(a) Provide timely, courteous response to requests for information, advice and
assistance from the public.
(b) Maintain a computerized bibliographic database of maps and reports on the
geology of this state that is accessible to the public.
(c) Maintain an internet web site that includes information about the ARIZONA
geological survey, products and services available and the geologic character of this
state.
(d) Give lectures and talks, conduct workshops, lead field trips and provide
information and assistance to public, educational and professional groups.
(e) Publish reports and other information, written in nontechnical terms, to inform
those not trained in geology about the geologic character of ARIZONA.
3. Operate and maintain a central repository and a computerized database for
reports, books, maps and other publications regarding the geology, mineral resources and
associated technologies. Such repository and database shall be available for the use of
the public and may be located at or connected with the university of ARIZONA or another
state university or agency of this state.
4. Operate and maintain a central repository for rock cores, well cuttings and
related subsurface samples and all associated supplemental data consistent with the laws
of this state requiring the deposit of such material and information. Such repository
shall be available for the use of the public.
5. Receive and expend any monies arising from grants, contracts, contributions,
gratuities or reimbursements payable or distributable to this state from the United
States, or from state, county, municipal or other governmental sources. The ARIZONA
geological survey shall also receive and expend any monies arising from grants,
contracts, contributions, gratuities or reimbursements donated by private persons or
corporations. Monies received pursuant to this paragraph shall be deposited in the
geological survey fund and handled pursuant to section 27-152.02.
6. Contract and be contracted with.
7. Utilize the services and expertise of the universities of the state at the
discretion of the state geologist.
8. Cooperate with local, county, state and federal agencies.
9. Provide administrative and staff support for the ARIZONA oil and gas
conservation commission.
27-152.02 Powers and duties of state geologist; fund
A. The state geologist shall:
1. Establish such administrative functions and offices as necessary to achieve the
purposes of this article.
2. Prescribe the number and professional disciplines of the technical staff and
their office and laboratory associates.
3. Direct the work of the ARIZONA geological survey and the formulation of its
program and policies.
4. Adopt such rules as are necessary to carry out the purposes of this article.
5. Purchase or lease necessary office and laboratory equipment and acquire
facilities from the state or lease necessary office and laboratory space.
6. Apply for and accept gifts, bequests or legacies of real or personal property or
any other contribution, financial or otherwise, for use pursuant to the direction of the
donor or, in the absence of an express direction, to be disposed of for the best
interests of this state. The state geologist shall honor any restriction imposed by the
donor on divulging contributed information or tangible personal property.
7. Accept from the federal, state and local governments or their agencies monies
made available to this state for the purposes of this article.
8. Enter into cooperative agreements with federal, county or municipal governments
or their agencies or with any agency or governmental unit established by the law of this
or any other state for the purpose of carrying out the provisions of this article.
9. Contract with persons and organizations, public or private, to provide services
for the ARIZONA geological survey.
10. Appoint a person with a background in oil and gas conservation to act on behalf
of the oil and gas conservation commission and administer and enforce the applicable
provisions of chapter 4 of this title relating to the oil and gas conservation
commission.
B. The state geologist or the geologist's designee, at any time, may enter the
property and inspect wells drilled for oil, gas, geothermal resources, helium or carbon
dioxide and shall control property, machinery and appliances necessary to gauge the
wells.
C. A geological survey fund is established for the purposes provided in this
article consisting of appropriations and all monies received pursuant to this section and
sections 27-152.01, 27-153 and 27-515. Monies shall be separately accounted for and used
as a continuing appropriation by the state geologist for the purposes provided from each
source. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations.
27-152 Objectives of ARIZONA geological survey
The objectives of the ARIZONA geological survey are to:
1. Serve as a primary source of geologic information in this state to enhance
public understanding of the state's geologic character, geologic hazards and limitations
and mineral resources.
2. Inform, advise and assist the public in matters concerning the geological
processes, materials and landscapes and the development and use of the mineral resources
of this state.
3. Encourage the wise use of the lands and mineral resources of this state toward
its development.
4. Provide technical advice and assistance in geology to other state and local
governmental agencies engaged in projects in which the geologic setting, character or
mineral resources of the state are involved.
5. Provide technical advice and assistance in geology to industry toward the wise
development and use of the mineral and land resources of this state.
27-153 Publications; deposit
A. The state geologist may publish, in the form of bulletins, circulars, maps and
other related series, or otherwise make available to state agencies, government
officials, industry and the public the results of geological and related research and
investigation undertaken by the ARIZONA geological survey. A publication shall not
include any confidential information pursuant to section 27-522. The state geologist
shall consult with the operator and obtain the approval of the scope of work for the
publication before the state geologist releases any proposed publication pertaining to a
project regulated by the oil and gas conservation commission.
B. The publications of the ARIZONA geological survey shall be printed as the state
geologist determines and distributed or sold as the interests of this state or science
demand. Money obtained by the sale of publications shall be deposited in the geological
survey fund established by section 27-152.02 for printing further publications.
C. All materials collected, after having served the purpose of the ARIZONA
geological survey, shall be made available to the universities, community colleges and
high schools of this state.
27-155 Annual report of state geologist
The state geologist shall make an annual report to the governor on the progress and
condition of the ARIZONA geological survey, of pertinent facts concerning this state's
geologic setting and of such other pertinent information as the state geologist deems
proper.
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