Helplinelaw - legal solution world wide  
 
round round
Administration And Finance
Aeronautics
Agriculture
Arts
Banking
Business Development
Capitol Area
Carriers
Certiorari
Children And Families
Cities, General Government
Cities, Organization
City Merit Systems
Commerce
Compensatory And Collection Remedies
Conservation
Constitutional Offices
Corporations
Corrections
Counties, County Officers, Regional Authorities
Crimes, Criminals
Criminal Procedure
Criminals; Rehabilitation
Data Practices
Declaratory, Corrective And Administrative Remactions Relating To Real Propertyedies
Declaratory, Corrective And Administrative Remedies
Domestic Relations
Economic Development And Planning
Economic Security
Education Code: Prekindergarten - Grade 12
Elections
Eminent Domain; Local Depositories And Investments
Environmental Protection
Environmental Protection Funds
Estates Of Decedents; Guardianships
Examining And Licensing Boards
Excise And Sales Taxes
Farm Products, Commercial Practices
Fiduciaries; Powers Of Attorney
Forestry
Game And Fish
Gaming
Government Miscellany
Gross Earnings Taxes
Health
Human Rights
Incarceration
Insurance
Judicial Procedure, District Court
Judicial Proof
Judiciary
Juries
Jurisdiction, Civil Divisions
Labor, Industry
Lands And Minerals
Legislature
Libraries
Local Economic Development
Local Government Police Powers
Local Public Utilities, Enterprises
Meetings Of Public Bodies
Metropolitan Area
Military Affairs
Municipal Finance, Taxation, Special Assessments
Municipal Personnel, Retirement
Municipal Public Safety
Municipal Public Works
Municipal Welfare, Recreation
Municipalities
Natural Resources
Partnerships
Police Regulations
Political Subdivisions, General Provisions
Postsecondary Education
Property Interests And Liens
Property Taxes
Proprietary Schools
Public Indebtedness, Borrowing
Public Safety
Public Services And Privileges
Public Welfare And Related Activities
Real Estate Brokers And Salespersons
Recreation
Rehabilitation
Remedies Controlling Personal Action
Remedies For Possession Of Property
Retirement
Rural Development
Securities, Commercial Regulations
Sports
State Agencies
State Employment
State History
Statutes, Construction
Taxation, Supervision, Data Practices
Telecommunications
Towns
Trade Regulations, Consumer Protection
Transportation
Utilities
Vacancy In Public Office
Various State Taxes, Administration
Veterans
Water
Weights And Measures
articles
Business Law
Criminal Law
Judiciary
Probate-Wills
Adoption Law
Divorce Law
Marriage Law
constitution
Bill Of Right
Name and Boundaries
Distribution of the Pwers of Government
Legislative Department
More...
search a lawyer
Country:
City:
ACTS, STATUTES
letterboxSubmit Article
loginArticle Login
 
lawyer
Find a Lawyer :
Country :
City :
Category :
 
Home > Statutes > USA Minnesota
USA Statutes : minnesota
Title : LANDS AND MINERALS
Chapter : Mineral lands
93.001 Policy for mineral development. It is the policy of the state to
provide for the diversification of the state's mineral economy
through long-term support of mineral exploration, evaluation,
environmental research, development, production, and
commercialization.
93.0015 Mineral Coordinating Committee. Subdivision 1. Establishment;
membership. The Mineral Coordinating Committee is established to
plan for diversified mineral development. The Mineral Coordinating
Committee consists of: (1) the commissioner of natural resources;(2) the deputy commissioner of the Minnesota Pollution Control
Agency; (3) the director of United Steelworkers of America,
District 11, or the director's designee; (4) the commissioner of
Iron Range resources and rehabilitation; (5) the director of the
Minnesota Geological Survey; (6) the dean of the University of
Minnesota Institute of Technology; (7) the director of the
Natural Resources Research Institute; and (8) three individuals
appointed by the governor for a four-year term, one each representing
the iron ore and taconite, nonferrous metallic minerals, and
industrial minerals industries within the state. Subd. 2.
Staffing. The commissioner of natural resources shall serve as
chair of the committee. A member of the committee may designate
another person of the member's organization to act in the member's
place. The commissioner shall provide staff and administrative
services necessary for the committee's activities. Subd. 3.
Expiration. Notwithstanding section 15.059,
subdivision 5, or other law to the contrary, the committee expires
June 30, 2007. Subd. 4. Advice. The Mineral
Coordinating Committee is encouraged to solicit and receive advice
from representatives of the United States Geological Survey, United
States Environmental Protection Agency, and United States Department
of Energy.
93.002 Repealed, 2001 c 161 s 58
93.003 Iron mining; conditions. Subdivision 1. Duty to maintain mine.
Legal authority to mine and process iron ore, a basic irreplaceable
natural resource of the people of the state of Minnesota, is subject
to the conditions of this section. When the owner or operator of an
iron mine or related production or beneficiation facilities
determines to discontinue the operation of the mine or facilities for
any reason it shall maintain the mine or facilities in salable
operating condition for at least two years after it discontinues
operation in order to allow the state of Minnesota and other
interested public and private bodies to seek a new owner and
operator. The requirement imposed by this section is a preliminary
and permanent requirement on the right of an owner to commence or
continue the operation of an iron mine or related facilities. This
requirement is enforceable on all owners and operators and successors
of owners and operators and shall be enforced by the state in any
action in bankruptcy or other litigation that may affect it.
Subd. 2. Temporary maintenance plan. At least 60 days before
the owner or operator of an iron mine or related production or
beneficiation facilities determines to discontinue the operation of
the mine or facilities, it shall submit a temporary maintenance plan
to the state for approval. The plan must provide for: (1) the
orderly shutdown of the mine and facilities, including: (i)
movement of all mobile equipment to an area above the high water
mark; (ii) drainage of water from all bins, mills, thickeners,
storage tanks, water lines, and slurry lines; and (iii) the
emptying and cleaning of all tailings handling equipment, including
thickeners, pipes, belts, and bins; (2) health, safety, and
security, including: (i) security of any blasting materials and
hazardous materials; (ii) provisions for fire prevention; and
(iii) staffing for security; (3) maintenance of mine, plant
facilities, and tailing basins, including: (i) supplying heat or
cooling where needed; (ii) maintenance of utility lines needed to
support the property; (iii) maintenance of mills, grates, kilns,
coolers, and other machinery in running condition; (iv) taking
dust prevention measures; and (v) maintenance of tailings dikes,
water level controls, water run-off control structures, and erosion
controls; (4) compliance with all permit requirements; and
(5) a schedule for reporting periodically to the state on all
maintenance activities and any plans to liquidate assets.
93.01 Reservation of minerals and water powers. The state hereby reserves for
its own use all the iron, coal, copper, gold, and other valuable
minerals, and all water powers in or upon all lands which now or
hereafter may belong to it by virtue of any act of Congress. This
reservation shall not apply to lands granted or contracted to be
conveyed by the United States or by this state to aid in the
construction of any railroad.
93.02 Certificate of sale, patents; reservation. When any such land is sold,
granted, conveyed, or transferred in any way the certificate of sale,
patent, or other instrument of transfer shall state that the sale,
grant, conveyance, or transfer does not include any right, title, or
interest in or to any iron, coal, copper, gold, or other valuable
minerals which may be in or upon the land and that all these minerals
are reserved by the state for its own use; but no instrument shall be
effective to transfer any right, title, or interest in or to any such
minerals, notwithstanding the failure of the proper officer to insert
such statement.
93.03 Patent under land grant to railroad; reservation. In all cases where the
state of Minnesota shall execute any patent or conveyance of lands
under any land grant heretofore made to any railroad company to aid
in the construction of any railroad there shall be expressly reserved
to and retained in the state of Minnesota all the iron, coal, copper,
gold, and other valuable minerals in or upon all such lands and the
commissioner of finance is hereby prohibited from executing or
delivering any patent or instrument of conveyance which shall not
contain the reservations aforesaid.
93.04 Disposition of minerals reserved. All minerals in or upon lands which have
been or may be sold, granted, conveyed, or in any way transferred by
the state shall remain subject to sale, lease, or contract by the
state upon the same terms and conditions as are minerals upon lands
belonging to the state; and the state and all persons claiming under
it shall have the right to enter upon these lands and to prospect
for, mine, and remove such minerals and, for this purpose, to
construct all necessary roads, buildings, and improvements thereon,
including machinery for mining or removing such minerals. All such
minerals shall be disposed of by the commissioner in the same manner
and on the same terms as minerals on lands belonging to the state.

93.05 Holder of lease. Subdivision 1. Right of entry. In all cases where
state lands have been heretofore or may hereafter be sold pursuant to
the provisions of law upon which minerals have been reserved, the
holder of any mineral lease subsequently issued thereon may
nevertheless enter upon the lands and prospect on the lands under the
lease. Subd. 2. Security for damages; condemnation.
Before entering upon lands described in subdivision 1, the lease
holder shall pay or secure to the owner of the lands all damages
which may arise therefrom and the same may be determined either by
mutual agreement or, if the interested parties cannot agree, then the
holder of the mineral lease may, in the name of the state of
Minnesota, institute proceedings to condemn the same according to
chapter 117; provided, that the state shall bear no part of the cost
of these proceedings, nor pay any part of the damages awarded in the
proceedings. Subd. 3. Attorney general to institute
condemnation. (a) Upon written request of the holder of any
mineral lease from the state, not in default, with the approval of
the commissioner of natural resources, the attorney general shall
institute, in the name of the state, proceedings to acquire by
condemnation any lands, rights-of-way, drainage or flowage rights,
easements or other interests necessary in connection with prospecting
for or mining the ore covered by the lease. All costs and expenses
of the proceedings and all damages awarded therein shall be paid by
the holder of the lease. (b) In any eminent domain proceedings
under this section, any value which the land taken may have by reason
of its location or availability for the depositing of stripping,
tailings or other wastes from general mining operations in its
vicinity, or for the erection of buildings or structures thereon in
connection with such operations, shall be considered in determining
the damages to be awarded the owner of the land.
93.055 Action to quiet title to lands covered by mineral lease. Upon
written request of the holder of any mineral lease from the state,
not in default, with the approval of the commissioner of natural
resources, the attorney general may institute proceedings to quiet
the title and determine adverse claims or to register the title of
the state to the lands or interests covered by the lease. All costs
and expenses of the proceedings including compensation of attorneys
for the state shall be paid by the holder of the lease.
93.06 Reservation of minerals under navigable lakes. All iron ores and other
minerals on, in or under lands within this state which lie beneath
the waters of navigable lakes and rivers belong to the state,
together with the right to enter upon such lands and explore for and
mine and remove such iron ore and other minerals and that the state
now has and since its organization has had the right to sell, lease,
or otherwise use or dispose of such mineral lands and such iron ores
and other minerals in the same manner as any other mineral lands,
ores, or minerals belonging to the state, and that the title of the
state to such iron ore or other minerals, together with the right to
explore for, mine, or remove the same, shall not be affected by the
subsequent drying up of such lakes or rivers.
93.07 Repealed, 2000 c 495 s 53
93.08 Repealed, 2000 c 495 s 53
93.09 Repealed, 2000 c 495 s 53
93.10 Repealed, 2000 c 495 s 53
93.11 Repealed, 2000 c 495 s 53
93.12 Repealed, 2000 c 495 s 53
93.13 Repealed, 2000 c 495 s 53
93.14 Issuance of leases to prospect for ores. The commissioner may execute
leases to prospect for iron ore and other ores upon lands belonging
to the state or in which the state has an interest and for the mining
of the ores, subject to the conditions provided in sections 93.15
to 93.28.

93.15 Mining units; designation; area. Subdivision 1. Designation of mining
units. (a) The commissioner of natural resources may designate
any lands belonging to the state and the beds of any waters belonging
to the state or any lands in which the state has an interest as
mining units and may rearrange or modify the mining units from time
to time, subject to the limitations of this section. (b) No
mining unit shall contain lands belonging to more than one permanent
trust fund, except mining units leased under section 93.25.(c) Lands which have been sold by the state and are in use as
part of the site of a plant for the production of taconite
concentrates shall not be designated as mining units. Subd. 2.List of mining units. The commissioner shall prepare and keep
on file in the Office of the Division of Lands and Minerals of the
Department of Natural Resources and at such other places as the
commissioner may direct a list of the mining units designated under
this section, giving the descriptions of the mining units and such
other information as the commissioner deems necessary. In case the
commissioner shall prescribe special conditions to be included in a
lease for any mining unit as authorized by law, a statement of the
conditions shall be included with the designation of the unit in the
list. Subd. 3. One mining unit per lease. Except as
otherwise expressly provided by law, each mining lease shall cover
only one entire mining unit designated under this section.
93.16 Leases; sale, notice. (a) Except as otherwise expressly provided by law,
leases for iron ore or other minerals belonging to the state shall be
issued only upon public sale as provided under this section. (b)
The sale of leases shall be held at such times and places as
designated by the commissioner. (c) The commissioner shall give
public notice of intent to hold a public sale by publication in the
State Register, the EQB Monitor, and such other publications as the
commissioner may direct at least 90 days prior to the proposed date
of sale. (d) The commissioner shall give public notice of each
sale by publication for three successive weeks in a newspaper that
has its known office of issue in the county seat of the county in
which the mining units to be leased are located and in a daily
newspaper printed and published in Hibbing and Virginia. If no
newspaper has its known office of issue in the county seat of a
particular county, the commissioner shall publish notice in the
newspaper designated as the publisher of the official proceedings of
the county board of that county. The first publication shall be at
least 30 days before the date of sale. The public notice of sale
shall also be published in the State Register and the EQB Monitor at
least 30 days before the date of sale and may be published in
additional newspapers and trade magazines, as the commissioner may
direct. (e) Each notice shall contain the following information:(1) time and place of holding the sale; (2) the place or
places where the list of mining units to be offered for sale will be
available for inspection and where forms for bids and applications
for leases may be obtained; and (3) such other information as the
commissioner may direct.
93.17 Application for leases; bids; awards. Subdivision 1. Lease
application. (a) Applications for leases to prospect for iron ore
shall be presented to the commissioner in writing in such form as the
commissioner may prescribe at any time before 4:30 p.m., St. Paul,
Minnesota time, on the last business day before the day specified for
the opening of bids, and no bids submitted after that time shall be
considered. The application shall be accompanied by a certified
check, cashier's check, or bank money order payable to the Department
of Natural Resources in the sum of $100 for each mining unit.
(b) Each application shall be accompanied by a sealed bid setting
forth the amount of royalty per gross ton of crude ore based upon the
iron content of the ore when dried at 212 degrees Fahrenheit, in its
natural condition or when concentrated, as set out in section 93.20,
subdivisions 12 to 18, that the applicant proposes to pay to the
state of Minnesota in case the lease shall be awarded. Subd. 2.Bid requirements. (a) Whenever a bid on any mining unit
exceeds the minimums prescribed in section 93.20,
the bidder shall offer a uniform amount above the minimums on all
schedules unless the mining unit is expressly excepted from this
requirement by the commissioner of natural resources by so specifying
in the list of lands and mining units. (b) The envelope
containing each bid shall be plainly marked on the outside showing
the date of application, date received by the commissioner, and the
name of the applicant. The commissioner shall endorse upon each
application and sealed bid the exact time of presentation and
preserve the same unopened in the commissioner's office. Subd.
3. Bid acceptance. (a) At the time and place fixed for the
sale, the commissioner shall publicly announce the number of
applications and bids received. The commissioner shall then publicly
open the bids and announce the amount of each bid separately.
Thereafter, the commissioner, together with the Executive Council,
shall award the leases to the highest bidders for the respective
mining units, but no bids shall be accepted that do not equal or
exceed the minimum amounts provided for in section 93.20,
nor shall any bid be accepted that does not comply with the law. The
right is reserved to the state to reject any and all bids. (b)
All applications for leases and bids not accepted at the sale shall
become void at the close of the sale and the payment accompanying the
applications and bids shall be returned to the applicants entitled to
them. (c) Upon the award of a lease, the payment submitted with
the application as provided by subdivision 1 shall be deposited with
the commissioner of finance as a fee for the lease.
93.18 Repealed, 2000 c 495 s 53
93.19 Repealed, 2000 c 495 s 53
93.191 Repealed, 2000 c 495 s 53
93.192 Repealed, 2000 c 495 s 53
93.1925 Negotiated leases. Subdivision 1. Conditions required. When
the commissioner finds that the best interests of the state will be
served and the circumstances in clause (1), (2), or (3) exist, the
commissioner, with the approval of the Executive Council, may issue
an iron ore or taconite iron ore mining lease through negotiations to
an applicant. A lease may be issued through negotiations under any
of the following circumstances: (1) the state taconite iron ore
is adjacent to taconite iron ore owned or leased for mining purposes
by the applicant and the commissioner finds that it is impracticable
to mine the state taconite iron ore except in conjunction with the
mining of the adjacent ore; (2) the lands to be leased are
primarily valuable for their natural iron ore content; or (3) the
state's mineral ownership interest in the lands to be leased is an
undivided fractional interest and the applicant holds under control a
majority of the remaining undivided fractional mineral interests in
the lands to be leased. Subd. 2. Application. (a) An
application for a negotiated lease shall be submitted to the
commissioner of natural resources. The commissioner shall prescribe
the information to be included in the application. The applicant
shall submit with the application a certified check, cashier's check,
or bank money order, payable to the Department of Natural Resources
in the sum of $100, as a fee for filing the application. The
application fee shall not be refunded under any circumstances.
(b) The right is reserved to the state to reject any or all
applications for a negotiated lease. Subd. 3. Terms. A
lease issued under this section shall be in the form set forth in
section 93.20,
with such additional terms and conditions consistent with the lease
as may be agreed upon. The rental and royalty rates agreed upon
shall be not less than those prescribed in section 93.20.

93.193 Taconite iron ore mining lease extension. Subdivision 1. Application
for extension. Upon written application by the holder of any
mining lease heretofore issued, or hereafter issued upon a
prospecting permit heretofore issued, which has been designated as a
taconite iron ore mining lease pursuant to Minnesota Statutes 1998,
section 93.19
or 93.191,
the commissioner of natural resources, with the approval of the
Executive Council, may extend the term of the lease for an additional
period of 25 years beyond the term specified in the lease, upon the
terms and conditions prescribed under this section. The additional
period of 25 years for which the lease is extended shall be the
extended period as the term is used in this section. Subd. 2.Royalty rates; other ores. As a condition of receiving such
extended period the applicant therefor shall agree that during the
extended period the royalty rates specified in the lease for ores
other than taconite or taconite concentrates shall not be applicable,
and no such other ores or concentrates shall be removed except after
the royalties and rentals to be paid therefor shall have been
negotiated with and agreed to by the commissioner of natural
resources, with the approval of the Executive Council. Until such
royalty is agreed upon the lessee may mine and stockpile such other
ores upon the leased premises, or other lands, pursuant to section 93.20,
subdivision 28, if such mining is necessary or desirable in
connection with the mining and removal of taconite. Subd. 3.Form; terms. All applications for the extension of the term
of such taconite iron mining leases shall be made within 18 months
from April 27, 1957, and shall be in such form and contain such
information as the commissioner may prescribe. Upon such application
the commissioner and the applicant shall negotiate, and, with the
approval of the Executive Council, shall determine the rentals and
royalties to be paid for taconite or taconite concentrates or both
during the extended period. Upon such determination the commissioner
shall enter into an agreement providing for such rentals and
royalties, and containing the other provisions required by this
section, which agreement, upon due execution by the commissioner and
the holder of such lease, shall be effective to extend the lease for
the period hereinbefore specified.
93.20 Rentals, royalties, form of lease. Subdivision 1. Required
provisions. Except as otherwise provided by law, the body of
every lease for mining iron ore belonging to the state shall consist
of the provisions set forth in subdivisions 4 to 36, omitting
subdivision headings, with such insertions, changes, or additions as
may be necessary to incorporate the royalty rates and other
particulars applicable to each case or as may be authorized under
subdivision 2. Subd. 2. Term; conditions. The
commissioner of natural resources, with the approval of the Executive
Council, may, so far as the commissioner deems advisable in
furtherance of the public interests, fix the term of any lease at any
period not exceeding that hereinafter prescribed, or may include in a
lease any other conditions not inconsistent herewith relating to
performance by the lessee or other pertinent matters, provided, that
in case of a lease made pursuant to a permit issued upon public sale,
a statement of such conditions shall be included in the designation
of the mining unit affected before publication of the notice of sale.Subd. 3. Minimum rates. The royalty rates hereinafter
specified shall be deemed minimums. In any case where a higher rate
has been bid or agreed upon as provided by law, such higher rate
shall be inserted in the lease in place of the rate hereinafter
specified and with like effect for all purposes so far as applicable,
except as otherwise expressly provided by law. Subd. 4.
Parties; consideration; land description. This indenture, made
this ..... day of ................, ......., by and between the state
of Minnesota, party of the first part, and .................
part..... of the second part. Witnesseth: That the party of the
first part, for and in consideration of the sum of ....... Dollars to
it in hand paid by the part..... of the second part, being the
payment of rental for the unexpired portion of the first quarter,
hereinafter provided for, the receipt whereof is hereby acknowledged,
and in further consideration of the covenants and conditions hereof,
to be kept and performed by the part..... of the second part, does
hereby lease and demise unto the part..... of the second part for the
term of 50 years from and after the ..... day of ........, .......,
the following described land, situated in the County of ........, in
the state of Minnesota, to-wit: ...........................
Subd. 5. Purpose; rights. The above described premises are
leased to the part..... of the second part for the purpose of
exploring for, mining, taking out and removing the iron ore found on
or in said land, together with the right to construct or make such
buildings, excavations, openings, ditches, drains, railroads, roads
and other improvements upon said premises as may be necessary or
suitable for such purposes. The part..... of the second part may
contract with others for doing any work authorized or required
hereunder, or for the use of said land or any part thereof for the
purposes hereof, but no such contract shall relieve the part..... of
the second part from any duty, obligation, or liability hereunder.
Three executed duplicates of every such contract shall be filed with
the commissioner of natural resources before it shall become
effective for any purpose. Subd. 6. Reservations. The
party of the first part reserves the right to sell and dispose of,
under the provisions of law now or hereinafter governing the sale of
timber on state lands, all the timber upon the land hereby leased,
and reserves to the purchaser of such timber, or agents and servants
of the purchaser, the right at all times to enter thereon, and to cut
and remove any and all such timber therefrom, according to the terms
of the purchaser's contract with the state, and without let or
hindrance from the part..... of the second part; but such purchaser
shall not unnecessarily or materially interfere with the mining
operations carried on thereon. The party of the first part further
reserves the right to grant to any person or corporation the
right-of-way necessary for the construction and operation of one or
more railroads over or across the land thereby leased, without let or
hindrance from the part..... of the second part; but such railroads
shall not unnecessarily or materially interfere with the mining
operations carried on thereon. The party of the first part further
reserves the right to grant leases, permits or licenses to any
portion of the surface of the demised premises to any person or
corporation under authority of section 92.50,
or other applicable laws, without let or hindrance from the part.....
of the second part, but such leases, permits or licenses shall not
unnecessarily or materially interfere with the mining operations
carried on thereon. Subd. 7. Rental rate. The part.....
of the second part covenants and agrees to pay to the commissioner of
finance of said state rental for said premises at the rate of $1,250
for the first year after the date of this lease and $5,000 per year
for the remainder of the term hereof; provided, that in case and so
long as this lease is designated as a taconite iron ore mining lease
the rate for the first five years after the date hereof shall be $400
per year and the rate for the remainder of the term hereof shall be
$1,600 per year. Such rental shall be payable quarterly on or before
the 20th day of April, July, October, and January each year during
the term hereof. Each quarterly payment shall cover the rental at
the rates hereinbefore specified for the calendar quarter or fraction
thereof ending on the last day of the calendar month next preceding
the due date for such payment. The rental for any fraction of a
quarter shall be computed proportionately at the applicable rate.
Any amount paid for rental accrued during any calendar year shall be
credited on any royalty that may become due for iron ore removed
hereunder during the same calendar year but no further, and any
amount paid for such royalty in excess of such credit during such
year shall be credited on rental, if any, subsequently accruing
during such year but no further. Subd. 8. Dried iron.
The term "dried iron" as used herein shall mean iron ore dried at 212
degrees Fahrenheit; and the word "ton" shall mean a gross ton of 2240
pounds. Subd. 9. Repealed, 1991 c 194 s 5 Subd. 9a.
Royalty increase. (1) The royalties to be paid by the part.... of
the second part to the party of the first part on ore removed in each
calendar quarter that the lease remains in force as hereinbefore
specified shall be subject to increase by fifty percent (50%) of the
sum of the amounts determined in accordance with subparagraphs (a)
and (b) below: (a) Reference shall be made to the Producer Price
Index for Iron Ores (December 1984=100) (Industry Code No. 1011), as
originally published (unrevised) by the Bureau of Labor Statistics of
the United States Department of Labor, or any succeeding federal
agency publishing such index, for the first month in the calendar
quarter for which royalty payment is to be made. If the Producer
Price Index for Iron Ores exceeds ....., which was the level of such
index for the month in which this lease was issued (hereafter called
the "PPI - IO Base Index"), the excess shall be computed and this
excess shall become the numerator of a fraction, the denominator of
which shall be the PPI - IO Base Index, and the resulting fraction
shall be multiplied by the royalty rate per ton payable on the ore
mined and removed during any such quarter. For example, if the
PPI - IO Base Index under this lease was 119.2, and if the Producer
Price Index for Iron Ores for January, ....... was 125.3, the
additional amount for the calendar quarter of January, February, and
March ....... would be computed as follows: [125.3-119.2)/119.2]
x base royalty rate = additional amount (b) Reference shall be
made to the Producer Price Index for the Iron and Steel Subgroup of
the Metals and Metal Products Group (1982=100) (Commodity Code No.
101), as originally published (unrevised) by the Bureau of Labor
Statistics of the United States Department of Labor, or any
succeeding federal agency publishing such index, for the first month
in the calendar quarter for which royalty payment is to be made. If
the Producer Price Index for the Iron and Steel Subgroup of the
Metals and Metal Products Group exceeds ....., which was the level of
such index for the month in which this lease was issued (hereafter
called the "PPI - I&>S Base Index"), the excess shall be computed
and this excess shall become the numerator of a fraction, the
denominator of which shall be the PPI - I&>S Base Index, and the
resulting fraction shall be multiplied by the royalty rate per ton
payable on the ore mined and removed during any such quarter.
For example, if the PPI - I&>S Base Index under this lease was
129.5, and if the Producer Price Index for the Iron and Steel
Subgroup of the Metals and Metal Products Group for January, .......
was 139.5, the additional amount for the calendar quarter of January,
February, and March ....... would be computed as follows: [(139.5-129.5)/129.5]
x base royalty rate = additional amount (2) In the event some
other period than December 1984 is used as a base of 100 in
determining the Producer Price Index for Iron Ores or some other
period than 1982 is used as a base of 100 in determining the Producer
Price Index for the Iron and Steel Subgroup of the Metals and Metal
Products Group, for the purposes of this lease these indexes shall be
adjusted so as to be in correct relationship to the appropriate base.
In the event either such index is not published by any federal
agency, the index to be used as aforesaid shall be that index
independently published, which, after necessary adjustments, if any,
provides the most reasonable substitute for the appropriate index
during any period subsequent to the month in which this lease is
issued; it being intended to substitute for the Producer Price Index
for Iron Ores and index that most accurately reflects fluctuations in
the prices of Great Lakes iron ores in the manner presently reported
by the Producer Price Index for Iron Ores (December 1984=100), as
originally published (unrevised) by the Bureau of Labor Statistics of
the United States Department of Labor, and it being intended to
substitute for the Producer Price Index for the Iron and Steel
Subgroup of the Metals and Metal Products Group an index that most
accurately reflects fluctuations in the prices of iron and steel in
the manner presently reported by the Producer Price Index for the
Iron and Steel Subgroup of the Metals and Metal Products Group
(1982=100), as originally published (unrevised) by the Bureau of
Labor Statistics of the United States Department of Labor. If
the parties to this lease cannot agree upon substitute indexes which
accomplish these purposes, each shall choose an arbitrator and the
two thus selected shall choose a third. The decision of the
arbitrators or any two of them shall be final and binding on the
parties in interest. The agreement or the decision of the
arbitrators shall be attached as a supplement to the lease. Each
party to the arbitration shall bear their representative share of the
costs for the arbitration. Subd. 10. Fractions; method of
computation. In computing royalty rates hereunder, any fraction
of a cent less than 5/1000 shall be disregarded and any fraction
amounting to 5/1000 or more shall be counted as 1/100 of a cent.
The method of computing increased rates upon analysis illustrated by
the following example shall apply in all cases hereunder, with such
changes as may be necessary for adaptation to a particular schedule.
Assuming that the royalty rate for the lowest grade of ore, with
analysis 25.49 percent or less, is 18 cents per ton, the rate will be
18.9 cents per ton for all dried iron analyses higher than 25.49
percent but less than 26.50 percent; 19.85
cents per ton for all dried iron analyses higher than 26.49 percent
but less than 27.50 percent; and so on, adding to the amount of
royalty for a given grade five percent thereof for an increase in
dried iron content of one percent or fraction thereof. Subd. 11.Royalties. Subject to the foregoing provisions, the royalties
to be paid by the part..... of the second part to the party of the
first part shall be as hereinafter specified. Subd. 12.
Schedule 1. Schedule 1. Direct shipping open pit ore shall be
understood to mean all ore lying beneath the final stripped area of
the particular mine in which it shall be situated and lying within
reasonably safe mining slopes therein, that is shipped in its natural
state without beneficiation of any kind other than crushing or dry
screening. On a ton of direct shipping open pit ore averaging in
dried iron 25.49 percent or less, the royalty shall be 18 cents. The
royalty rate shall be increased five percent for each increase of one
percent, or fraction thereof, in dried iron analysis. Subd. 13.Schedule 2. Schedule 2. Open pit wash ore concentrates shall
be understood to mean all concentrates produced from open pit ore
which, in accordance with good engineering and metallurgical
practice, requires treatment by straight washing to make it suitable
for blast furnace use. On a ton of open pit wash ore
concentrates averaging in dried iron 25.49 percent or less, the
royalty shall be 18 cents. The royalty rate shall be increased 4-1/2
percent for each increase of one percent, or fraction thereof in
dried iron analysis. Subd. 14. Schedule 3. Schedule 3.
Open pit special concentrates shall be understood to mean all
concentrates produced from open pit ore which, in accordance with
good engineering and metallurgical practice, requires treatment by
roasting, sintering, agglomerating, or drying through the use of
fuel, or by jigging, or by heavy medium separation to make them
suitable for blast furnace practice. On a ton of such open pit
special concentrates averaging in dried iron 25.49 percent or less,
the royalty shall be 18 cents. The royalty rate shall be increased
four percent for each increase of one percent, or fraction thereof,
in dried iron analysis. Subd. 15. Schedule 4. Schedule
4. Underground direct shipping ore shall be understood to mean all
ore in any particular mine, other than open pit ore, that is shipped
in its natural state without beneficiation of any kind other than
crushing or dry screening. On a ton of underground direct
shipping ore averaging in dried iron 25.49 percent or less, the
royalty shall be 15 cents. The royalty rate shall be increased 3-1/2
percent for each increase of one percent, or fraction thereof, in
dried iron analysis. Subd. 16. Schedule 5. Schedule 5.
Underground wash ore concentrates shall be understood to mean all
concentrates produced from underground ore which, in accordance with
good engineering and metallurgical practice, requires treatment by
straight washing to make it suitable for blast furnace use. On a
ton of underground wash ore concentrates averaging in dried iron
25.49 percent or less, the royalty shall be 15 cents. The royalty
rate shall be increased three percent for each increase of one
percent, or fraction thereof, in dried iron analysis. Subd. 17.Schedule 6. Schedule 6. Underground special concentrates
shall be understood to mean all concentrates produced from
underground ore which, in accordance with good engineering and
metallurgical practice, require treatment by roasting, sintering,
agglomerating, or drying through the use of fuel, or by jigging, or
by heavy medium separation to make them suitable for blast furnace
practice. Ponded fine tailings special concentrates shall be
understood to mean all concentrates produced from fine tailings
stored in tailings ponds which, in accordance with good engineering
and metallurgical practice, require additional treatment by one or
more of the types described in schedules 2 and 3 to make them
suitable for blast furnace practice. On a ton of such
underground special concentrates or ponded fine tailings special
concentrates, averaging in dried iron 25.49 percent or less, the
royalty shall be 15 cents. The royalty rate shall be increased two
percent for each increase of one percent, or fraction thereof, in
dried iron analysis. Subd. 18. Schedule 7. Schedule 7.
Taconite ore shall be understood to mean a ferruginous chert or
ferruginous slate in the form of compact siliceous rock, in which the
iron oxide is so finely disseminated that substantially all of the
iron bearing particles of merchantable grade are smaller than 20
mesh. Taconite concentrates shall be understood to mean the
merchantable product, suitable for blast furnace use, which, in
accordance with good engineering and metallurgical practice, has been
produced from taconite ore which requires treatment by fine grinding,
magnetic separation, flotation, or some other method or methods other
than or in addition to one or more of the methods specified in
schedules 1 to 6, inclusive. On a ton of taconite concentrates
averaging in dried iron 40.49 percent or less, the royalty shall be
11 cents. The royalty rate shall be increased one percent for each
increase of one percent, or fraction thereof, in dried iron analysis.In lieu of payment of such royalty on the taconite concentrates,
royalty payments may be made on the taconite ore as set forth in
section 93.201.Subd. 19. Quarterly payment. The part..... of the second
part covenant ..... and agree ..... to pay to the commissioner of
finance of said state, on or before the twentieth day of April, July,
October, and January in each year during the period this lease
continues in force royalty at the rates hereinbefore specified for
all the iron ore mined and removed from said land during the three
months preceding the first day of the month in which such payment is
due as hereinbefore provided. Subd. 20. Quarterly
statement. The part..... of the second part at the time of such
payment shall transmit to the commissioner of natural resources an
exact and truthful statement of the amount of iron ore removed under
each schedule during the three months for which such payment is made
and the royalty due thereon, determined as hereinafter provided. The
part..... of the second part shall provide for all the operations
required for such determination except as otherwise specified.
Subd. 21. Shipment; sampling. Except as otherwise
hereinafter provided, all iron ore removed from said land hereunder
shall be shipped by rail. Each shipment shall be sampled in
accordance with standard practice so as to show the true grade of the
ore contained therein under each schedule, taking specimens from five
carloads to make up a sample for analysis; provided, that with the
approval of the commissioner of natural resources a sample may
consist of specimens from any other number of carloads. The ore in
each sample shall be thoroughly mingled and then split into two
portions, both of which shall be properly marked for identification.
One portion shall be delivered to the commissioner of natural
resources or authorized agent, and the other retained by the
part..... of the second part. Each sample, dried at 212 degrees
Fahrenheit, shall be analyzed for iron and manganese, and also, if
directed by the commissioner or agent, for silica, phosphorus, and
alumina, at the expense of the part...... of the second part, by a
competent chemist approved in writing by the commissioner. Subd.
22. Weighing; monthly statement; crude ore. The iron ore so
taken and shipped shall be weighed by the railroad carrier. Weight
bills or certificates, signed by the weigher, shall be transmitted to
the commissioner at the close of each day when ore is shipped.
Except as otherwise permitted by the commissioner of natural
resources, the part..... of the second part shall transmit to the
commissioner on or before the tenth of each month a statement in such
form as the commissioner shall prescribe, covering all ore removed
from said land during the preceding calendar month, showing the
weight and analysis of the ore under each schedule, the royalty
computed to be due thereon, and such other information pertaining
thereto as the commissioner may require. The amount of royalty due
upon the ore under each schedule shall be determined according to the
percentage of iron shown by the analysis at the rates hereinbefore
prescribed. If the manganese content is four percent or more, the
royalty due thereon shall be determined and paid as provided by law.
With the approval of the commissioner, for the purpose of computing
and accounting for royalty, ore may be considered as removed from
said land in the month in which it was weighed as shown by the weight
bills or certificates, but the party of the second part shall
nevertheless be liable for the royalty on all ore from and after the
actual time of removal from said land. With the approval of the
commissioner the royalty on all the ore under a given schedule
removed during a given calendar month may be computed on the average
dried iron analysis thereof. The grades and weights of ore as set
forth in said monthly statements shall be prima facie binding as
between the parties, but the party of the first part shall have the
right at any time, and in such manner as it may see fit, to sample
the ore, check the analyses, and inspect, review, and test the
correctness of the methods, books, records, and accounts of the
part..... of the second part in sampling, analyzing, recording, and
reporting such grades and weights, and to inspect, review, and test
the correctness of the scales and other equipment used in weighing
the ore and of the weights reported as aforesaid, it being understood
that any errors in these respects, when ascertained, shall be
corrected. Should the party of the second part desire to remove
crude ore for experimental purposes from the demised premises, the
commissioner of natural resources may prescribe the method of such
removal and the method of sampling and weighing such crude ore for
the purpose of determining the amount of royalty due. Subd. 23.Beneficiation or treatment. The part..... of the second part
shall have the right to beneficiate and treat, for the purpose of
improving the character or quality thereof, any iron ore which
without such treatment or beneficiation will not meet general market
requirements at the time. Subject to the approval of the
commissioner of natural resources, such ore may be so beneficiated or
treated either upon the demised premises or elsewhere. The part.....
of the second part agree ..... that any treatment or beneficiation of
ore conducted hereunder shall be done with suitable and proper
machinery and appliances, and in a careful, good and workmanlike
manner, according to good engineering practice, and so as not to
cause any greater waste of the ore mined than is necessary in order
to produce an ore concentrate of proper composition and character for
satisfactory furnace use. No ore shall be treated or beneficiated
which, without treatment or beneficiation, will meet general market
requirements at the time. As to any ore so beneficiated or treated
during any quarter year, royalty at the rates per ton hereinbefore
provided for such ore shall be paid upon the merchantable product of
such beneficiation or treatment and not upon the ore as mined. The
residue of such treatment or beneficiation may be deposited upon the
demised premises, in such place or places as shall not unnecessarily
hinder or embarrass the future operation of the mine or mines
therein, or on other state-owned lands conveniently located for the
purpose, or may be otherwise disposed of in such manner as the
commissioner of natural resources may approve. The merchantable
product of such beneficiation shall be sampled, analyzed and weighed
and the royalty thereon determined in like manner as hereinbefore
provided for direct shipping ore. The part..... of the second part
shall nevertheless be liable for royalty on all ore removed from the
demised premises for beneficiation or treatment from and after the
actual time of removal. If any such ore shall not be beneficiated or
treated or if the royalty due thereon shall not be determined and
accounted for as herein otherwise provided by the next quarterly
payment date after the end of the quarter in which such ore is
removed from the demised premises, the commissioner may determine
such royalty by such method as the commissioner deems appropriate and
give the part..... of the second part written notice thereof,
whereupon such royalty shall be due and payable within 20 days after
the mailing or delivery of such notice, unless the time therefor
shall be extended by the commissioner. Subd. 24.
Stockpiling. It is understood and agreed that should the
part..... of the second part desire to stockpile concentrates off
the demised premises or on land not owned by the state, the parties
shall agree upon a method of sampling and weighing such concentrated
ore for the purpose of determining the amount of royalty due, and in
case they are unable to agree, each shall choose a referee and the
two referees so chosen shall choose a third. The decision of such
board of referees shall be binding on the parties in interest as to
the methods to be employed in such sampling and weighing only.
Should the party of the second part desire to stockpile crude ore off
the demised premises for a temporary period not to exceed one year,
the commissioner of natural resources may prescribe the method of
removal and the method of sampling and weighing such crude ore for
the purpose of determining the amount of royalty due. Subd. 25.Right to enter, inspect, and survey. The party of the first
part shall have the right to enter upon and into said premises at any
time, and to inspect and survey the same, and to measure the quantity
of ore which shall have been mined or removed therefrom, not
unreasonably hindering or interrupting the operations of the
part..... of the second part. The part..... of the second part
shall provide, upon written request from the commissioner of natural
resources, a suitable room in the dry or wash house or in some other
suitable place on said premises, with water, light and heat free, for
the use of the commissioner or agents thereof in the work of
inspection on said premises, such room to be at least equal in size
and equipment to that customarily furnished for the use of the mining
captain or superintendent at mines comparable to the mine or mines on
said premises. The commissioner or agents thereof shall have the
right to enter and inspect at any time any plant where ore from said
land is treated or beneficiated, and to take such samples and make
such tests as may be necessary to determine the effects of such
treatment or beneficiation. In case ore from more than one state
mining unit or other property is treated or beneficiated at the same
plant, the commissioner may appoint such special inspectors for such
plant as the commissioner deems necessary to insure proper accounting
and protect the interests of the state, and the part..... of the
second part shall reimburse the state monthly for the cost of all
such inspection service, upon notification thereof by the
commissioner. Subd. 26. Required submissions. In
addition to other reports or statements required hereunder, the
part..... of the second part shall furnish the commissioner of
natural resources with the following: (1) Copies of all
exploration reports, concentrating plant reports, mine maps, analysis
maps, cross sections and plans of development made and used in the
operations on said leased premises; (2) At least a quarter
portion of all exploration samples, and, when requested by the
commissioner in writing, a quarter portion of mine or mill samples;(3) A monthly report showing the estimated weight and analysis of
all ore material stockpiled according to each classification, whether
merchantable, concentratable, or nonmerchantable; (4) A monthly
report showing the estimated weight and analysis of concentrated ore
when stockpiled on state-owned land; (5) A monthly report of all
ore beneficiated, showing the tonnage and analysis of crude ore
treated, the tonnage and analysis of concentrates recovered, and a
record of any analysis made of tailings and rejects; (6) Not
later than February 1st of each year during said term, a summary
statement of the tonnage of all iron ore and other iron-bearing
material mined on said land during the previous calendar year under
each schedule or classification, showing the average analysis of
iron, silica, phosphorus, alumina, and manganese on all merchantable
ore, such analysis as the commissioner may require on other
iron-bearing material, and such other information as to the grade,
character and disposition of such ore and other material as the
commissioner may direct. Subd. 27. Payment of taxes.
The part..... of the second part further covenant..... and agree
..... to pay all taxes, general and specific, which may be assessed
against said land and the improvements thereon made, used or
controlled by said part..... of the second part, and the iron ore
product thereof, and any personal property thereat owned, used, or
controlled by the part..... of the second part, in all respects as if
said land was owned in fee by the part..... of the second part.
Subd. 28. Operational requirements. It is further understood
and agreed as follows: (1) The part..... of the second part will
open, use and work the mine or mines on said land in such manner only
as is usual and customary in skillful and proper mining operations of
similar character when conducted by the proprietors on their own land
and in accordance with the requirements, methods, and practices of
good mining engineering, and in such manner as not to cause any
unnecessary or unusual permanent injury to such mine or mines or
inconvenience or hindrance in the subsequent operation of the same or
in the development, mining, or disposal of any iron ore or other
valuable mineral left on or in said land. (2) Subject to the
approval of the commissioner of natural resources, all iron ore and
other material produced or accumulated in connection with any
operations hereunder and not otherwise lawfully disposed of shall be
deposited or disposed of by the part........ of the second part at
such places and in such manner as will not hinder or embarrass such
subsequent operations or activities; provided, that any such material
containing iron or other minerals in such quantity or form as to have
present or potential value shall be deposited only on the land
covered by this lease, or on other land belonging to the state and
available for the purpose, unless the commissioner of natural
resources shall approve in writing its disposal in some other manner.(3) Land conveyed to the state upon condition that it shall be
used for the storage of iron ore or other materials having present or
potential value belonging to the state, subject to termination or
reversion of title when no longer needed or used for that purpose,
shall be deemed suitable and available therefor. The commissioner
may accept such a conveyance in behalf of the state if the
commissioner determines that the conditions thereof conform with the
foregoing provisions and will fully protect the interests of the
state in the materials to be so stored, but no consideration shall be
paid for such conveyance unless authorized by law. The existence of
mineral reservations with rights to use or destroy the surface in
connection therewith, shall not prevent lands being deemed suitable
and available if the commissioner finds that the lands are located
off the generally recognized limits of the iron formation, and the
commissioner finds that no minerals of any present or foreseeable
commercial value are known to exist thereon. The provisions of
section 500.20,
shall not apply to any conveyance of land to the state pursuant to
this subdivision and shall not limit the duration of any covenant,
condition, restriction, or limitation created by any such conveyance.Subd. 29. Construction; liability to third parties. It
is understood and agreed that in case any interest in the land
covered by this lease or in any minerals therein is owned by anyone
other than the state, this lease shall not be construed as
authorizing any invasion of or trespass upon such other interest,
that in case it shall be necessary to make use of any such other
interest in connection with any operations hereunder, the part......
of the second part shall obtain all necessary legal rights therefor
before proceeding therewith, that the part...... of the second part
shall be liable for all damages to any such other interest caused by
any operations hereunder, and that the state shall not incur or be
subject to any liability therefor. Subd. 30. Supplemental
agreement. In case it shall become impossible or impracticable at
any time during the term of this lease to comply with the provisions
hereof relating to sampling, analysis, shipping, or weighing of ore,
or in case methods for any of said operations shall be developed
which appear to be superior to those herein prescribed and which will
not result in any loss or disadvantage to the state hereunder, the
commissioner of natural resources, with the approval of the Executive
Council, may make a supplemental agreement with the part..... of the
second part, modifying this lease so as to authorize the adoption of
such other methods for any of said operations so far as deemed
expedient. Subd. 31. Remittances. All remittances by
the part..... of the second part hereunder shall be made payable to
the commissioner of finance and shall be transmitted to the
commissioner of natural resources, who shall audit the same, take
such action as may be necessary on account of any error or
discrepancy discovered, and deposit all remittances found due with
the commissioner of finance. Subd. 32. Lien. The party
of the first part reserves and shall at all times have a lien upon
all ore mined and upon all improvements made by the part..... of the
second part upon the land covered by this lease for any unpaid sums
due hereunder. Subd. 33. Voluntary termination. The
part..... of the second part shall have the right at any time to
terminate this lease in so far as it requires the part..... of the
second part to mine ore on said land, or to pay royalty therefor, by
delivering written notice of such intention to terminate to the
commissioner of natural resources, who shall in writing acknowledge
receipt of such notice, and this lease shall terminate 60 days after
such delivery unless such notice is revoked by the part..... of the
second part by further written notice delivered to the commissioner
before the expiration of said 60 days, and all arrearages and sums
which shall be due under this lease up to the time of such
termination shall be paid upon settlement and adjustment thereof by
the part..... of the second part. Subd. 34.
Cancellation. This lease is granted upon the express condition
that if any sum owing hereunder by the part...... of the second part
for rental, royalty, taxes, or otherwise shall remain unpaid after
the expiration of 60 days from the time when the same became payable
as herein provided, or in case the part..... of the second part or
any agent or servant thereof shall knowingly or willfully make any
false statement in any statement, report, or account submitted to the
state or to the commissioner of natural resources or any agents of
the commissioner pertaining to any matter hereunder, or in case the
part..... of the second part shall fail to perform any of the
covenants or conditions herein expressed to be performed by said
part..... of the second part, then it shall be the duty of the
commissioner of natural resources to cancel this lease, first having
mailed or delivered to the part...... of the second part at least 20
days' notice in writing thereof, whereupon this lease shall terminate
at the expiration of said 20 days, and the party of the first part
shall reenter and again possess said premises as fully as if no lease
had been given to the part..... of the second part, and the
part..... of the second part and all persons claiming under such
part..... shall be wholly excluded therefrom except as hereinafter
provided, but such termination and reentry shall not relieve the
part..... of the second part from any payment or other liability
thereupon or theretofore incurred hereunder. Subd. 35.
Surrender after termination. It is mutually agreed that upon the
termination of this lease, whether by expiration of the term thereof
or by act of either party, the part..... of the second part shall
have 90 days thereafter in which to remove all equipment, materials,
railroad tracks, structures, and other property placed or erected by
the part..... of the second part upon said land, and any such
property not removed within said time shall become the property of
the party of the first part; but the part..... of the second part
shall not remove or impair any supports placed in any mine or mines
on said land, or any timber or frame work necessary to the use or
maintenance of shafts or other approaches to such mine or mines or
tramways within the same. Subject thereto, it is understood and
agreed that upon the termination of this lease by expiration of the
term thereof or otherwise, the part.... of the second part will
quietly and peaceably surrender possession of the land covered
thereby to the party of the first part. Subd. 36. Binding
effect. The covenants, terms and conditions of this lease shall
run with the land and shall extend to and bind all assignees and
other successors in interest of the part..... of the second part.Subd. 37. Enabling provisions. The provisions of this
section relating to the contents of mining leases shall be deemed to
be enabling provisions, and the respective officers and agencies of
the state concerned therewith shall have all the authority, powers,
and duties required for the execution and administration thereof.Subd. 38. Lease modification. Any state iron ore mining
lease heretofore or hereafter issued and in force may be modified by
the commissioner of natural resources, with the approval of the
Executive Council, upon application of the holder of the lease, by
written agreement with the holder, so as to conform with the
provisions of the laws in force at the time of such application with
respect to the methods of shipping, weighing, and analyzing ore and
computing royalty thereon, the time of payment of rental and royalty,
the beneficiation or treatment of iron ore and the disposal of
concentrates and residues therefrom, the stockpiling, depositing, or
disposal of iron ore or other material, and the making of statements
and reports pertaining to said matters. Subd. 39.
Stockpiling on conveyed land. Any iron ore or other material
which is subject to stockpiling under a state iron ore mining lease
heretofore issued and in force on April 20, 1951, may, with the
approval of the commissioner of natural resources, be stockpiled on
land conveyed to the state for the purpose, subject to the provisions
of subdivision 28.
93.201 Royalties for taconite concentrates. Subdivision 1. Royalty on
certain concentrates produced from taconite ore. All ores or
concentrates shipped from the lands covered by any lease under
section 93.20
shall be classified and paid for under and in accordance with the
particular schedule of said law properly applicable thereto. The
royalty provided for taconite concentrates in section 93.20,
schedule 7, shall be applicable to concentrates produced from
taconite ores which, in accordance with good engineering and
metallurgical practice, require treatment by fine grinding, magnetic
separation, flotation, or some other method or methods other than or
in addition to one or more of the methods specified in schedules 1 to
6, inclusive, of said section to make them suitable for blast furnace
use. Subd. 2. Alternate royalty determination. In lieu
of payment of such royalty on the taconite concentrates, royalty
payments may be made on the taconite ore as defined herein. The
method of computing the weight and the royalty rate per ton on such
taconite ore shall be determined by agreement between the holder of
the lease and the commissioner of natural resources. In case they
are unable to agree, each shall choose an arbitrator, and the two
thus selected shall choose a third. The decision of the arbitrators
or any two of them shall be final and binding on the parties in
interest. The agreement or the decision of the arbitrators shall be
attached as a supplement to the lease. The holder of the lease shall
reimburse the state for all costs and expenses incurred in connection
with the determination of weight of taconite ore. Taconite ore
shall be understood to mean a ferruginous chert or ferruginous slate
in the form of compact siliceous rock, in which the iron oxide is so
finely disseminated that substantially all of the iron-bearing
particles of merchantable grade are smaller than 20 mesh. Subd.
3. Applicability. The provisions of subdivisions 1 and 2 for
payment of royalty on taconite ore shall apply to existing leases as
well as subsequent leases, subject to vested rights, if any, of the
holders of existing leases.
93.202 Repealed, 2000 c 495 s 53
93.21 Execution of lease. The lease provided for in section 93.20
shall be signed by the commissioner for and in behalf of the state
and shall be signed by the party of the second part in the presence
of two witnesses, and the signatures and execution of the same by the
party of the second part shall be duly acknowledged.
93.22 Disposition of payments. Subdivision 1. Generally. All payments
under sections 93.14
to 93.285
shall be made to the Department of Natural Resources and shall be
credited according to this section. (a) If the lands or minerals
and mineral rights covered by a lease are held by the state by virtue
of an act of Congress, payments made under the lease shall be
credited to the permanent fund of the class of land to which the
leased premises belong. (b) If a lease covers the bed of
navigable waters, payments made under the lease shall be credited to
the permanent school fund of the state. (c) If the lands or
minerals and mineral rights covered by a lease are held by the state
in trust for the taxing districts, payments made under the lease
shall be distributed annually on the first day of September as
follows: (1) 20 percent to the general fund; and (2) 80
percent to the respective counties in which the lands lie, to be
apportioned among the taxing districts interested therein as follows:
county, three-ninths; town or city, two-ninths; and school district,
four-ninths. (d) Except as provided under this section and
except where the disposition of payments may be otherwise directed by
law, all payments shall be paid into the general fund of the state.Subd. 2. Repealed, 1Sp2003 c 9 art 5 s 37
93.221 Repealed, 1989 c 335 art 4 s 109
93.222 Taconite iron ore special advance royalty account. The taconite iron ore
special advance royalty account is created as an account in the state
treasury for disposal of certain mineral lease money received under
the terms of extension agreements adopted under section 93.193,
relating to state iron ore or taconite iron ore mining leases. The
principal of the account is distributed under the terms of the
extension agreements to the account or entity entitled by applicable
law and lease terms to receive the income from the class of land
being leased. Interest accruing from investment of the account
remains with the account until distributed as provided in this
section. The interest accrued through June 30 under each extension
agreement is distributed annually, as soon as possible after June 30,
to the account or entity entitled by applicable law and lease terms
to receive the income from the class of land being leased in the same
proportion that the total acres included in a particular class of
land bears to the total acreage of the leased land covered by each
extension agreement. Money in the taconite iron ore special advance
royalty account is appropriated for distribution as provided in this
section.
93.223 Mineral lease suspense accounts. Subdivision 1. Repealed, 1Sp2003 c 9 art
5 s 37 Subd. 2. University fund mineral lease suspense
account. The university fund mineral lease suspense account is
created as an account in the state treasury for mineral lease money
deposited according to section 93.22,
subdivision 2, clause (2). Interest earned on money in the account
accrues to the account. After money is annually deposited in the
account under section 93.22,
subdivision 2, clause (2), the commissioner of finance shall certify
20 percent of the payments made during the preceding fiscal year as
costs for the administration and management of mineral leases on
permanent university fund lands. The commissioner of finance shall
transfer the certified amount from the university fund mineral lease
account to the general fund. The balance remaining in the account is
annually transferred to the permanent university fund.
93.2235 Taconite mining grants; appropriations. Subdivision 1.
Commissioner. The commissioner shall establish a program to award
grants to taconite mining companies for: (1) taconite pellet
product improvements; (2) value-added production of taconite iron
ore; or (3) cost-savings production improvements at Minnesota
taconite plants. An amount equal to the sum of money transferred
to the general fund under section 93.223,
subdivision 1, reduced by $100,000, is annually appropriated from the
general fund to the commissioner for the purposes of this section.Subd. 2. Coleraine laboratory. The director of the
Coleraine laboratory shall establish a program to award grants for
the purpose of transferring technology from the Coleraine laboratory
to taconite mining companies for: (1) taconite pellet product
improvements; (2) value-added production of taconite iron ore; or(3) cost-savings production improvements at Minnesota taconite
plants. An amount equal to the sum of money transferred to the
general fund under section 92.223,
subdivision 2, is annually appropriated from the general fund to the
Board of Regents of the University of Minnesota for the purposes of
this section.
93.2236 Minerals management account. (a) The minerals management account is
created as an account in the natural resources fund. Interest earned
on money in the account accrues to the account. Money in the account
may be spent or distributed only as provided in paragraphs (b) and
(c). (b) If the balance in the minerals management account
exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 must
be distributed to the permanent school fund and the permanent
university fund. The amount distributed to each fund must be in the
same proportion as the total mineral lease revenue received in the
previous biennium from school trust lands and university lands.
(c) Subject to appropriation by the legislature, money in the
minerals management account may be spent by the commissioner of
natural resources for mineral resource management and projects to
enhance future mineral income and promote new mineral resource
opportunities.
93.23 Repealed, 2000 c 495 s 53
93.24 Repealed, 2000 c 495 s 53
93.245 Mining of minerals other than iron ore. (a) If a mineral other than
iron ore or taconite ore is found on or in a mining unit covered by a
state iron ore or taconite iron ore mining lease, the state lessee
may apply to the commissioner of natural resources for a negotiated
lease to explore for, mine, and remove the mineral. The terms and
conditions under which the mineral may be mined or products recovered
shall be as agreed upon by the commissioner and the state lessee. A
mineral lease for ores other than iron ore or taconite iron ore must
comply with section 93.25
and rules adopted thereunder. (b) The right is reserved to the
state to reject any or all applications for a negotiated lease under
paragraph (a). The state may lease, under section 93.25
and rules adopted thereunder, any minerals other than iron ore or
taconite iron ore on or in a mining unit covered by a state iron ore
or taconite iron ore mining lease.
93.25 Ores other than iron; leases. Subdivision 1. Leases. The
commissioner may issue leases to prospect for, mine, and remove
minerals other than iron ore upon any lands owned by the state,
including trust fund lands, lands forfeited for nonpayment of taxes
whether held in trust or otherwise, and lands otherwise acquired, and
the beds of any waters belonging to the state. For purposes of this
section, iron ore means iron-bearing material where the primary
product is iron metal. Subd. 2. Lease requirements. All
leases for nonferrous metallic minerals or petroleum must be approved
by the Executive Council, and any other mineral lease issued pursuant
to this section that covers 160 or more acres must be approved by the
Executive Council. The rents, royalties, terms, conditions, and
covenants of all such leases shall be fixed by the commissioner
according to rules adopted by the commissioner, but no lease shall be
for a longer term than 50 years, and all rents, royalties, terms,
conditions, and covenants shall be fully set forth in each lease
issued. The rents and royalties shall be credited to the funds as
provided in section 93.22.Subd. 3. Effect. The provisions of this section shall
not be deemed to repeal or supersede any other applicable provision
of law, but shall be supplementary thereto.
93.251 Inoperative
93.252 Repealed, 1953 c 540 s 1
93.253 Repealed, 1953 c 540 s 1
93.254 Repealed, 1953 c 540 s 1
93.255 Repealed, 1953 c 540 s 1
93.256 Repealed, 1953 c 540 s 1
93.257 Repealed, 1953 c 540 s 1
93.26 Leases to be filed. All leases, with the names and post office addresses
of all parties in interest, issued by the commissioner under
authority of sections 93.14
to 93.285,
before delivery shall be duly filed for record in the commissioner's
office. A certificate of filing showing the date of filing shall be
endorsed on each lease.
93.27 Assignments, agreements, or contracts affecting leases; filing.
All assignments, agreements, or contracts, underlying, overriding, or
operating agreements affecting a lease shall be made in writing and
signed by both parties thereto, witnessed by two witnesses, and
properly acknowledged and contain the post office addresses of all
parties having an interest; and when so executed presented in
triplicate to the commissioner for filing of record. A certificate
of filing showing the date of filing shall be endorsed on the
assignments, agreements, contracts, underlying, overriding, or
operating agreements, a copy of which then shall be returned to the
party entitled thereto.
93.28 Approval of instruments. All instruments by virtue of which the title to
a lease herein provided for is in any way affected shall receive the
approval of the commissioner, which approval shall be endorsed
thereon, and the instrument when so approved shall be duly filed as
provided in section 93.27.

93.283 Repealed, 2000 c 495 s 53
93.285 Stockpiled iron ore. Subdivision 1. Definition. "Stockpiled iron
ore" as used in this section means any artificial pile or other
accumulation of any type of iron-bearing material, whether in its
natural state or the product or residue of treatment of
beneficiation, belonging to the state or in which the state has an
interest. Subd. 2. Inclusion in mining unit. In case
any stockpiled iron ore is situated on land designated or suitable
for designation as a mining unit under section 93.15,
the stockpiled ore may, in the discretion of the commissioner of
natural resources, be included in the unit by inserting a description
of the ore in the designation of the unit. Otherwise the ore shall
not be considered as included in the unit. Upon the inclusion of the
ore in the unit, it shall be subject to all provisions of law
relating to the sale, issuance, terms, and conditions of a lease
covering the unit and other matters pertaining thereto, so far as
applicable. Subd. 3. Stockpile mining unit. (a) Any
stockpiled iron ore, wherever situated, may, in the discretion of the
commissioner of natural resources, be designated as a stockpile
mining unit for disposal separately from ore in the ground, such
designation to be made according to section 93.15,
so far as applicable. (b) The commissioner may lease the mining
unit at public or private sale for an amount and under terms and
conditions prescribed by the commissioner. The lease term may not
exceed 25 years. The amount payable for stockpiled iron ore material
shall be at least equivalent to the minimum royalty that would be
payable under section 93.20.Subd. 4. Repealed, 2000 c 495 s 53 Subd. 5. Repealed, 2000 c
495 s 53
93.29 Repealed, 1965 c 79 s 2
93.30 Repealed, 2000 c 495 s 53
93.31 Repealed, 2000 c 495 s 53
93.32 Repealed, 2000 c 495 s 53
93.33 Surface of land may be leased. Subdivision 1. Purposes of lease.
The commissioner may, at public or private vendue and at such prices
and upon such terms and conditions as prescribed, lease the surface
of any unsold state lands for the purpose of stockpiling, storing,
handling, or depositing thereon any ore, ore material, stripping, or
waste taken from other state lands which may be under state mineral
lease, and remove therefrom any such ore, or material, stripping, or
waste taken from such other state land and stocked, stored, handled,
or deposited thereon; provided, that the rights of the state and of
the lessee under the lease herein authorized as to the ownership,
lien, and right of removal and all other rights in and to the
materials placed thereon from the lands under such state mineral
lease shall be and remain in all respects the same as though such
materials had been stockpiled, stored, handled, or deposited on the
land covered by such state mineral lease; that any such lease shall
be made for a term no longer than the then remaining unexpired term
of such state mineral lease and shall in any and all events terminate
with the termination of such state mineral lease for any cause, and
any material remaining on the land at the termination of such state
mineral lease, or at the earlier termination of the lease herein
authorized, shall belong to the state of Minnesota; and that all such
leases shall be made subject to leasing the land for mineral purposes
under legal provisions. Subd. 2. Receipts placed to credit
of certain funds. All money received from leases granted under
this section shall be credited to the fund to which the leased land
belongs and all royalties and proceeds which shall be received by the
state for any material stockpiled or stored thereon and later removed
shall be credited on the state mineral lease covering the lands from
which such ore was originally taken.
93.335 State lands, minerals, mineral rights acquired under tax laws.
Subdivision 1. Lands held in trust for taxing districts; lease
terms and conditions. Mining leases issued as provided by
sections 93.14
to 93.33,
except as otherwise specifically provided under this section, shall
be subject to all the terms, conditions, and provisions of sections
93.14
to 93.33,
regardless of whether or not the lands or minerals and mineral rights
are held in trust for taxing districts. Subd. 2. Undivided
interests; amendment of leases. If the interest in lands or
minerals and mineral rights acquired by the state under the tax laws
is an undivided part of the whole interest therein, the quarterly and
annual rentals and minimum royalty to be bid and paid to the state
upon the leasing thereof shall be such proportion of the amounts
stipulated in the laws under which such leases are executed as the
undivided part owned by the state bears to the whole interest in such
lands, or minerals and mineral rights. The specification in any such
lease issued in the form provided by such sections that the interest
covered thereby is a fractional undivided interest shall be a
sufficient statement that the quarterly rentals, annual rentals, and
minimum royalties to be paid thereunder shall be such proportion of
the amount stated in the lease as the undivided interest covered
thereby bears to the whole interest in such lands or minerals and
mineral rights. If it shall be determined by final judgment or
decree that the interest owned by the state in any tract of land
covered by any iron ore or taconite iron ore mining lease issued
pursuant to this section is less than that described in said lease,
such lease, upon application by the lessee to the commissioner of
natural resources, shall be amended in such form as the attorney
general shall approve to delete the interest not owned by the state
as determined by said judgment or decree. The lessee shall be
entitled to a credit against royalties which shall thereafter become
due pursuant to said lease for all moneys previously paid to the
state for such deleted interest. Subd. 3. Lease to be for
mineral rights only in certain cases. If, because of having sold
the surface of such lands, reserving the minerals and mineral rights,
or from any other cause, the state owns only the minerals and mineral
rights in any lands leased hereunder, the commissioner of natural
resources shall confine such lease to such minerals and mineral
rights. The amount of the quarterly rentals, annual rentals, and
minimum royalties to be bid and paid to the state upon such leases
shall not be reduced by reason of that fact, and the lessee shall
acquire all such rights to use the surface of such lands as were
reserved or are owned by the state under its reservation of minerals
and mineral rights. Any specification of rights to the surface in
such lease shall be construed as limited by this subdivision.
Subd. 4. Repealed, 2000 c 495 s 53 Subd. 5. Repealed, 2000 c 495
s 53
93.34 Unlawful to mine under public waters. Subdivision 1. Repealed, 2000 c 495 s
53 Subd. 2. Draining of meandered public lake for mineral
purposes forbidden. It shall be unlawful for any individual,
copartnership, or corporation to drain any meandered public lake for
the purpose of mining of minerals without first having received the
consent of the Executive Council. Subd. 3. Repealed, 2000 c 495
s 53
93.351 Repealed, 2000 c 495 s 53
93.352 Repealed, 2000 c 495 s 53
93.353 Repealed, 2000 c 495 s 53
93.354 Repealed, 2000 c 495 s 53
93.355 Repealed, 2000 c 495 s 53
93.356 Repealed, 2000 c 495 s 53
93.357 Repealed, 2000 c 495 s 53
93.37 Repealed, 2000 c 495 s 53
93.38 Repealed, 2000 c 495 s 53
93.39 Repealed, 2000 c 495 s 53
93.41 State-owned iron-bearing materials. Subdivision 1. Use for road
construction and other purposes. In case the commissioner of
natural resources shall determine that any paint rock, taconite, or
other iron-bearing material belonging to the state is needed and
suitable for use in the construction or maintenance of any road,
tailings basin, settling basin, dike, dam, bank fill, or other works
on public or private property, and that such use would be in the best
interests of the public, the commissioner may authorize the disposal
of such material therefor as hereinafter provided. Subd. 2.
Materials subject to state iron ore mining lease. If such
material is subject to an existing state iron ore mining lease or
located on property subject to an existing state iron ore mining
lease, the commissioner, by written agreement with the holder of the
lease, may authorize the use of the material for any purpose
specified in subdivision 1 that will facilitate the mining and
disposal of the iron ore therein on such terms as the commissioner
may prescribe consistent with the interests of the state, or may
authorize the holder of the lease to dispose of the material
otherwise for any purpose specified in subdivision 1 upon payment of
an amount therefor equivalent to the royalty that would be payable
under the terms of the lease if the material were shipped or
otherwise disposed of as iron ore, but not less than the applicable
minimum rate prescribed by section 93.20.Subd. 3. Issuance of leases, royalties. If such
material, whether in the ground or in stockpile, is not subject to an
existing lease, the commissioner may issue leases for the taking and
removal thereof for the purposes specified in subdivision 1 in like
manner as provided by section 92.50
for leases for the taking and removal of sand, gravel, and other
materials specified in said section, and subject to all the
provisions thereof, so far as applicable. Subd. 4. Sale of
stockpiled iron-bearing material in place. If such material is in
stockpile and is not subject to an existing lease, the commissioner
may sell stockpiled iron-bearing material in place. The sale must be
to a person holding an interest in the surface of the property upon
which the stockpile is located or to a person holding an interest in
publicly or privately owned stockpiled iron-bearing material located
in the same stockpile.
93.42 Repealed, 2000 c 495 s 53
93.43 Leases to nonferrous metallic minerals producers. (a) The business of
mining, producing, or beneficiating nonferrous metallic minerals is
declared to be in the public interest and necessary to the public
welfare, and the use of property therefor is declared to be a public
use and purpose. (b) The commissioner of natural resources is
authorized to grant permits, licenses, or leases on and across lands
owned by the state to any corporation or association engaged in the
business of or preparing to engage in the business of mining,
producing, or beneficiating nonferrous metallic minerals for pipe
lines, pole lines, conduits, sluiceways, roads, railroads, tramways,
or flowage, and to lease any lands owned by the state to any such
corporation or association for the depositing of stripping, lean
ores, tailings, or waste products of such business. (c) The
commissioner of natural resources is also authorized to license the
flooding of state lands in connection with any permit or
authorization for the use of public waters issued by the legislature
or by the commissioner pursuant to law. The permits, licenses, and
leases shall be upon the conditions, for the consideration, and for
the period of time as the commissioner may determine. (d) The
county auditor, with the approval of the county board, is authorized
to grant permits, licenses, or leases for all such purposes of or
across tax-forfeited lands held by the state in trust for any and all
taxing districts, upon the conditions, for the considerations, and
for the period of time as the county board may determine. Any
proceeds from granting the permits, licenses, or leases by the county
auditor shall be apportioned and distributed as other proceeds from
the sale or rental of tax-forfeited lands.
93.44 Declaration of policy. In recognition of the effects of mining upon the
environment, it is hereby declared to be the policy of this state to
provide for the reclamation of certain lands hereafter subjected to
the mining of metallic minerals or peat where such reclamation is
necessary, both in the interest of the general welfare and as an
exercise of the police power of the state, to control possible
adverse environmental effects of mining, to preserve the natural
resources, and to encourage the planning of future land utilization,
while at the same time promoting the orderly development of mining,
the encouragement of good mining practices, and the recognition and
identification of the beneficial aspects of mining.
93.45 Iron Range Trail. Subdivision 1. Establishment. In recognition
of the unique combination of cultural, geological, industrial,
historical, recreational, and scenic characteristics of Minnesota's
iron ranges, an "Iron Range Trail" is hereby established on the
Vermillion, Mesabi, and Cuyuna iron ranges and at related points on
Lake Superior. The commissioner of natural resources shall
establish, develop, and maintain the trail, and related places of
interest under the commissioner's jurisdiction and control, for the
purposes specified in this subdivision. The trail need not be
continuous between or within ranges and related points, but shall be
developed as a coordinated unit and for multiple use. The
commissioner, in cooperation with other state agencies, local
governments, and private organizations and individuals shall mark
and, where necessary, interpret places of cultural, geological,
industrial, historical, recreational, and scenic interest. In
cooperation with state and local road authorities, local governments,
and private organizations and individuals, the commissioner also
shall mark access, where available, to these places of interest from
public roads and highways. Subd. 2. Commissioner's powers;
contract terms. The commissioner may acquire by gift or purchase
necessary trail easements and related interest in and across lands
not under the commissioner's jurisdiction and control. The
commissioner also may enter into contracts, leases, or other
agreements with the operator or the owner of active or inactive mine
areas and with the person having the right of possession thereof for
the use and development of these areas for Iron Range trail purposes.
The commissioner may develop, maintain, and operate such areas or may
enter into contracts with third parties for the development,
maintenance, or operation of the areas. If the commissioner enters
into such a contract with a third party, the contract shall provide
that the operator, owner and any person entitled to possession or
control of the area shall be held harmless and indemnified by the
third party from and against any and all claims for injuries or
damage to person or property, from such use or development. Nothing
in this section prohibits a person from asserting any claim for
alleged damages brought pursuant to section 3.732
or 3.736.

93.46 Definitions. Subdivision 1. Applicability. For the purposes of
sections 93.46 to 93.51,
the terms defined in this section have the meanings given to them.Subd. 2. Mining area. "Mining area" or "Area subjected
to mining" means any area of land from which material is hereafter
removed in connection with the production or extraction of metallic
minerals or peat, the lands upon which material from such mining is
hereafter deposited, the lands upon which beneficiating plants and
auxiliary facilities are hereafter located, the lands upon which the
water reservoirs used in the mining process are hereafter located,
and auxiliary lands which are hereafter used or intended to be used
in a particular mining operation. Subd. 3. Mine waste.
"Mine waste" means any material, including but not limited to surface
overburden, rock, lean ore, or tailings which in the process of
mining and beneficiation has been removed from the earth and stored
elsewhere on the surface. Subd. 4. Repealed, 1973 c 526 s 8
Subd. 5. Department. "Department" means the Department of
Natural Resources. Subd. 6. Operator. "Operator" means
any owner or lessee of mineral rights or peat rights engaged in or
preparing to engage in mining operations with respect thereto.
Subd. 7. Person. "Person" includes firms, partnerships,
corporations, and other groups. Subd. 8. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 9. Lean ore stockpile removal. "Lean ore stockpile
removal" means the mining and processing of low-grade mineralized
material from stockpiles for the purpose of extracting iron.
93.461 Peat included in mineland reclamation. Sections 93.46
to 93.51
apply to peat in the same manner as to metallic minerals, to the
greatest extent practicable, with the following exceptions: (a)
For the purposes of sections 93.46
to 93.51,
"peat mining" means the removal of peat for commercial purposes,
including activities associated with the removal. "Peat mining" does
not include removal of peat which is incidental to the harvesting of
an agricultural or horticultural crop, or to mining of a metallic
mineral that is subject to a mineland reclamation rule and a permit
to mine. (b) No permit to mine peat is required under section 93.481
until 180 days after the effective date of rules promulgated to
regulate peat mining and reclamation. The rules shall be adopted by
July 1, 1985. (c) No permit is required for a peat mining
operation of 40 acres or less, unless the commissioner determines
that there is potential for significant environmental effects which
may result from the peat mining operation. A person intending to
engage in or carry on a peat mining operation of 40 acres or less, if
the intended operation involves removal of more than 1,000 tons of
air-dried peat per year, shall notify the commissioner in writing
before beginning any mining, specifying the legal description of the
tract to be mined and the mining methods to be used. Within 20 days
after receipt of written notice of intent to mine such a tract, or
after receiving additional information requested, the commissioner
shall notify the person of the decision to require, or not to
require, a permit.
93.47 Duties and authority of commissioner. Subdivision 1. Study and
survey. The commissioner shall conduct a comprehensive study and
survey in order to determine, consistent with the declared policy of
sections 93.44
to 93.51,
the extent to which regulation of mining areas is necessary in the
interest of the general welfare. Subd. 2.
Considerations. In determining the extent and type of regulation
required, the commissioner shall give due consideration to the
effects of mining upon the following: (a) environment; (b) the future
utilization of the land upon completion of mining; and (c) the wise
utilization and protection of the natural resources including but not
limited to the control of erosion, the prevention of land or rock
slides, and air and water pollution. The commissioner also shall
give due consideration to (a) the future and economic effect of such
regulations upon the mine operators and landowners, the surrounding
communities, and the state of Minnesota; (b) the effect upon
employment in the state; (c) the effect upon the future mining and
development of metallic minerals owned by the state of Minnesota and
others, and the revenues received therefrom; and (d) the practical
problems of the mine operators and mineral owners including, but not
limited to, slope gradients as achieved by good mining or soil
stabilization practices. Subd. 3. Adoption of rules.
Upon completion of the study and survey and consistent with the
declared policy of sections 93.44
to 93.51,
the commissioner, pursuant to chapter 14, may adopt rules pertaining
to that portion of mining operations conducted subsequent to the
effective date of such rules and subject to the provisions of any
rights existing pursuant to any permit, license, lease or other valid
existing authorization issued by the commissioner, the Pollution
Control Agency or any other governmental entity, or their
predecessors in office, and subject to any applicable mine safety
laws or rules now existing or hereafter adopted, in regard to the
following: (a) Mine waste disposal, (b) mining areas, including but
not limited to plant facilities and equipment, and (c) permits to
mine, as required by section 93.481.
To the greatest extent possible, within the authority possessed by
the commissioner, the rules so promulgated shall substantially comply
with or exceed any minimum mineland reclamation requirements which
may be established pursuant to a federal Mineland Reclamation Act.
The rules so promulgated also shall conform with any state and local
land use planning program; provided further the commissioner shall
develop procedures that will identify areas or types of areas which,
if mined, cannot be reclaimed with existing techniques to satisfy the
rules promulgated under this subdivision, and the commissioner will
not issue permits to mine such areas until the commissioner
determines technology is available to satisfy the rules so
promulgated. Subd. 4. Administration and enforcement.
The commissioner shall administer and enforce sections 93.44
to 93.51
and the rules adopted pursuant hereto. In so doing the commissioner
may (a) conduct such investigations and inspections as the
commissioner deems necessary for the proper administration of
sections 93.44
to 93.51;
(b) enter upon any parts of the mining areas in connection with any
such investigation and inspection without liability to the operator
or landowner provided that reasonable prior notice of intention to do
so shall have been given the operator or landowner; (c) conduct such
research or enter into contracts related to mining areas and the
reclamation thereof as may be necessary to carry out the provisions
of sections 93.46
to 93.50.Subd. 5. Plan maps. For the purpose of information and
to assist the commissioner in the proper enforcement of the rules
promulgated under sections 93.44
to 93.51,
each operator shall within 120 days of May 28, 1969, file with the
commissioner a plan map in such form as shall be determined by the
commissioner showing all existing mining areas or areas subjected to
mining by said operator. Annually thereafter, on or before the 15th
day of March, and until the operator's reclamation or restoration
plan is approved pursuant to section 93.481,
the operator shall file a plan map in similar form showing any
changes made during the preceding calendar year and the mining area
which it is anticipated will be subjected to mining during the
current calendar year. After approval of a permit to mine, the
commissioner may periodically at such times as the commissioner deems
necessary require additional reclamation or restoration information
or plans from the operator.
93.48 Variance. The commissioner may, upon application by the landowner or mine
operator, modify or permit variance from the established rules
adopted hereunder if it is determined that such modification or
variance is consistent with the general welfare.
93.481 Permit to mine. Subdivision 1. Prohibition against mining without a
permit; application for a permit. Except as provided in this
subdivision, after June 30, 1975, no person shall engage in or carry
out a mining operation for metallic minerals within the state unless
the person has first obtained a permit to mine from the commissioner.
Any person engaging in or carrying out a mining operation as of the
effective date of the rules promulgated under section 93.47
shall apply for a permit to mine within 180 days after the effective
date of such rules. Any such existing mining operation may continue
during the pendency of the application for the permit to mine. The
person applying for a permit shall apply on forms prescribed by the
commissioner and shall submit such information as the commissioner
may require, including but not limited to the following: (a) A
proposed plan for the reclamation or restoration, or both, of any
mining area affected by mining operations to be conducted on and
after the date on which permits are required for mining under this
section; (b) A certificate issued by an insurance company
authorized to do business in the United States that the applicant has
a public liability insurance policy in force for the mining operation
for which the permit is sought, or evidence that the applicant has
satisfied other state or federal self-insurance requirements, to
provide personal injury and property damage protection in an amount
adequate to compensate any persons who might be damaged as a result
of the mining operation or any reclamation or restoration operations
connected with the mining operation; (c) A bond which may be
required pursuant to section 93.49;
and (d) A copy of the applicant's advertisement of the ownership,
location, and boundaries of the proposed mining area and reclamation
or restoration operations, which advertisement shall be published in
a legal newspaper in the locality of the proposed site at least once
a week for four successive weeks before the application is filed,
except that if the application is for a permit to conduct lean ore
stockpile removal the advertisement need be published only once.
Subd. 2. Commissioner's review; hearing; burden of proof.
Within 120 days after receiving the application, or after receiving
additional information requested, or after holding a hearing as
provided in this section, the commissioner shall grant the permit
applied for, with or without modifications or conditions, or deny the
application. If written objections to the proposed application are
filed with the commissioner within 30 days after the last publication
required pursuant to this section or within seven days after
publication in the case of an application to conduct lean ore
stockpile removal, by any person owning property which will be
affected by the proposed operation or by any federal, state, or local
governmental agency having responsibilities affected by the proposed
operations, a public hearing shall be held by the commissioner in the
locality of the proposed operations within 30 days of receipt of such
written objections and after appropriate notice and publication of
the date, time, and location of the hearing. The commissioner shall
determine that the reclamation or restoration planned for the
operation complies with lawful requirements and can be accomplished
under available technology and that a proposed reclamation or
restoration technique is practical and workable under available
technology. Subd. 3. Term of permit; amendment. A
permit issued by the commissioner pursuant to this section shall be
granted for the term determined necessary by the commissioner for the
completion of the proposed mining operation, including reclamation or
restoration. A permit may be amended upon written application to the
commissioner. If the commissioner determines that the proposed
amendment constitutes a substantial change to the permit, the person
applying for the amendment shall publish notice in the same manner as
for a new permit, and a hearing shall be held if written objections
are received in the same manner as for a new permit. An amendment
may be granted by the commissioner if the commissioner determines
that lawful requirements have been met. Subd. 4.
Revocation, modification, suspension. A permit is irrevocable
during its term except as follows: (a) The permittee has not
commenced substantial construction of plant facilities or actual
mining and reclamation or restoration operations covered by the
permit within three years of issuance of the permit; (b) A permit
may be canceled at the request or with the consent of the permittee
upon such conditions as the commissioner determines necessary for the
protection of the public interests; (c) Subject to the rights of
the permittee to contest the commissioner's action under sections 14.57
to 14.59
and related sections, a permit may be modified or revoked by the
commissioner in case of any breach of the terms or conditions thereof
or in case of violation of law pertaining thereto by the permittee,
or agents, or servants of the permittee, or in case the commissioner
finds such modification or cancellation necessary to protect the
public health or safety, or to protect the public interests in lands
or waters against injury resulting in any manner or to any extent not
expressly authorized by the permit, or to prevent injury to persons
or property resulting in any manner or to any extent not so
authorized, upon at least 30 days' written notice to the permittee,
stating the grounds of the proposed modification or revocation or
providing a reasonable time of not less than 15 days in which to take
corrective action and giving the permittee an opportunity to be heard
thereon; (d) By written order to the permittee the commissioner
may forthwith suspend operations under a permit if the commissioner
finds it necessary in an emergency to protect the public health or
safety or to protect public interests in lands or waters against
imminent danger of substantial injury in any manner or to any extent
not expressly authorized by the permit, or to protect persons or
property against such danger, and may require the permittee to take
any measures necessary to prevent or remedy such injury. No
suspension order under this clause shall be in effect more than 30
days from the date thereof without giving the permittee at least ten
days' written notice of the order and an opportunity to be heard
thereon. Subd. 5. Assignment. A permit may not be
assigned or otherwise transferred without the written approval of the
commissioner. Subd. 6. Reclamation rules required before
issuance of a permit to mine. Except for taconite and iron ore
mining permits, no permit to mine metallic minerals may be issued by
the commissioner until rules relating to reclamation of metallic
mineral minelands have been amended, or new rules adopted, under
sections 93.44
to 93.51
and in the manner provided in chapter 14, for the reclamation of
minelands of the class for which the permit application is submitted.
This section does not apply to metallic minerals which are mined
incidentally to the mining of a mineral included in any mineland
reclamation rule and covered by the permit to mine which has been
issued for the mining project.
93.49 Financial assurance of operator. The commissioner shall require a bond
or other security or other financial assurance satisfactory to the
commissioner from an operator. The commissioner shall review
annually the extent of each operator's financial assurance under this
section.
93.50 Appeal. Any person aggrieved by any order, ruling, or decision of the
commissioner may appeal such order, ruling, or decision in the manner
provided in chapter 14.
93.51 Penalties for violation. Subdivision 1. Civil penalty. If any
person fails to comply with any provision of sections 93.44
to 93.51, or any rules promulgated pursuant to these sections, or any
permit condition required by these sections or the rules, for a
period of 15 days after notice of such failure, or the expiration of
time for corrective action as provided for in section 93.481,
subdivision 4, such person shall be liable for a civil penalty of not
more than $1,000 for each and every day of the continuance of such
failure. The commissioner may assess and collect any such penalty.Subd. 2. Criminal penalty; injunctive relief. Any person
who knowingly and willfully violates or refuses to comply with any
rule, decision, order or ruling of the commissioner shall upon
conviction be guilty of a gross misdemeanor. At the request of the
commissioner, the attorney general may institute a civil action in a
district court of the state for a restraining order or injunction or
other appropriate remedy to prevent or preclude a violation of the
terms and conditions of any rules promulgated hereunder. The
district court of the state of Minnesota in which district the mining
operation affected is conducted shall have jurisdiction to issue such
order or injunction or to provide other appropriate remedies.
93.515 Oil and gas wells; rules relating to spacing, pooling, and unitization. The commissioner of natural resources may adopt rules under
chapter 14 relating to: (1) spacing of oil and gas wells to
regulate the density of drilling to prevent unnecessary draining of
the reservoir and to prevent economic waste of products from wells;(2) pooling, which is the combining of tracts and mineral
interests to form a drilling or spacing unit; and (3)
unitization, which is the acquisition of the legal right to operate a
whole reservoir as though all tracts overlying the reservoir were
under a single lease.
93.52 Ownership of severed mineral interests. Subdivision 1. Purpose.
The purpose of sections 93.52 to 93.58
is to identify and clarify the obscure and divided ownership
condition of severed mineral interests in this state. Because the
ownership condition of many severed mineral interests is becoming
more obscure and further fractionalized with the passage of time, the
development of mineral interests in this state is often impaired.
Therefore, it is in the public interest and serves a public purpose
to identify and clarify these interests. Subd. 2. Verified
statement filing requirement. Except as provided in subdivision
3, from and after January 1, 1970, every owner of a fee simple
interest in minerals, hereafter referred to as a mineral interest, in
lands in this state, which interest is owned separately from the fee
title to the surface of the property upon or beneath which the
mineral interest exists, shall record in the office of the county
recorder or, if registered property, in the office of the registrar
of titles in the county where the mineral interest is located a
verified statement, in triplicate, citing sections 93.52 to 93.58
and setting forth the owner's address, interest in the minerals, and
both (1) the legal description of the property upon or beneath which
the interest exists, and (2) the book and page number or the document
number, in the records of the county recorder or registrar of titles,
of the instrument by which the mineral interest is created or
acquired. No statement may be recorded which contains mineral
interests from more than one government section unless the instrument
by which the mineral interest is created or acquired includes mineral
interests from more than one government section. The county recorder
and registrar of titles shall file with the county auditor a copy of
each document so recorded within 60 days after recording in the
office of county recorder or registrar of titles. Subd. 3.
Exemptions. Sections 93.52 to 93.58
do not apply to the following owners of mineral interests: The United
States of America, the state of Minnesota, and any American Indian
tribe or band owning reservation lands in this state.
93.53 Repealed, 1973 c 650 art 20 s 9
93.54 Repealed, 1973 c 650 art 20 s 9
93.55 Forfeiture of severed mineral interest. Subdivision 1. Forfeiture;
failure to record. If the owner of a mineral interest fails to
record the verified statement required by section 93.52,
before January 1, 1975, as to any interests owned on or before
December 31, 1973, or within one year after acquiring such interests
as to interests acquired after December 31, 1973, and not previously
recorded under section 93.52,
the mineral interest shall forfeit to the state after notice and
opportunity for hearing as provided in this section. However, before
completing the procedures set forth in subdivision 2, the
commissioner of natural resources may lease the severed mineral
interest as provided in subdivisions 1a and 3. Subd. 1a.
Lease of forfeited interest. If the owner of a severed mineral
interest fails to record the verified statement required by section
93.52
before the dates specified in subdivision 1, the commissioner of
natural resources may lease the mineral interest as provided in this
subdivision and subdivision 3 before completing the procedures set
forth in subdivision 2. In any lease issued under this subdivision,
the commissioner shall cite, as authority for issuing the lease, this
subdivision, subdivision 3, and the United States Supreme Court
decision in Texaco, Inc., et al. v. Short, et al., 454 U.S. 516
(1982), where the Supreme Court determined, under Amendment XIV to
the Constitution of the United States, that enactment of a state law
requiring an owner of severed mineral interests to timely record a
statement of claim to the mineral interests was constitutional,
without individual advance notice of operation of the law, before the
owner loses the mineral interests for failing to timely record the
statement of claim. A lessee holding a lease issued under this
subdivision may not mine under the lease until the commissioner
completes the procedures set forth in subdivision 2 and a court has
adjudged the forfeiture of the mineral interest to be absolute.
"Mine" for the purposes of this subdivision is defined to exclude
exploration activities, exploratory boring, trenching, test pitting,
test shafts and drifts, and related activities. Subd. 2.
Notice and hearing. The commissioner shall notify the last owner
of record in either the county recorder's or registrar of titles'
office of a hearing on an order to show cause why the mineral
interest should not forfeit to the state absolutely. The notice
shall be served in the same manner as provided for the service of
summons in a civil action to determine adverse claims under chapter
559 and shall contain the following: (1) the legal description of the
property upon or beneath which the interest exists; (2) a recitation
that the statement of severed mineral interest either did not comply
with the requirements specified by section 93.52
for such a statement or was not recorded within the time specified in
this section, or both; and (3) that the court will be requested to
enter an order adjudging the forfeiture of the mineral interest to be
absolute in the absence of a showing that there was substantial
compliance with laws requiring the registration and taxation of
severed mineral interests. For the purposes of this section,
substantial compliance with laws requiring the registration and
taxation of severed mineral interests means: (1) that the records in
the office of the county recorder or registrar of titles specified
the true ownership of the severed mineral interest during the time
period within which the statement of severed mineral interest should
have been recorded with the county recorder or the registrar of
titles, or that probate, divorce, bankruptcy, mortgage foreclosure,
or other proceedings affecting the title had been timely initiated
and diligently pursued by the true owner during the time period
within which the severed mineral interest statement should have been
recorded, and (2) that all taxes relating to severed mineral
interests had been timely paid, including any taxes which would have
been due and owing under section 273.165,
subdivision 1, had the interest been properly recorded as required by
section 93.52
within the time specified in this section. For the purposes of this
section, "timely paid" means paid within the time period during which
tax forfeiture would not have been possible had a real property tax
been assessed against the property. Subd. 3. Terms of
lease. The commissioner may lease severed mineral interests
described in subdivision 1 in the same manner as provided in section
93.335,
for the lease of minerals and mineral rights becoming the absolute
property of the state under the tax laws, except that no permit or
lease issued pursuant to this section shall afford the permittee or
lessee any of the rights of condemnation provided in section 93.05,
as to overlying surface interests. Subd. 4. Recovery of
fair market value. After the mineral interest has forfeited to
the state pursuant to this section, a person claiming an ownership
interest before the forfeiture may recover the fair market value of
the interest, either: (1) as an alternative claim raised in the
hearing on the order to show cause why the mineral interest should
not forfeit absolutely, with fair market value to be determined and
paid as provided in this subdivision, or (2) in a separate action
brought as follows. An action may be commenced within six years
after entry of judgment under this section to determine the ownership
and the fair market value of the mineral interests in the property
both at the time of forfeiture and at the time of bringing the
action. The action shall be brought in the manner provided in
chapter 559, for an action to determine adverse claims, to the extent
applicable. The person bringing the action shall serve notice of the
action on the commissioner of natural resources in the same manner as
is provided for service of notice of the action on a defendant. The
commissioner may appear and contest the allegations of ownership and
value in the same manner as a defendant in such actions. Persons
determined by the court to be owners of the interests at the time of
forfeiture to the state under this section may present to the
commissioner of finance a verified claim for refund of the fair
market value of the interest. A copy of the court's decree shall be
attached to the claim. Thereupon the commissioner of finance shall
refund to the claimant the fair market value at the time of
forfeiture, which is the expiration of the period within which tax
forfeiture would not have been possible had the mineral interest been
properly and timely filed for record under section 93.52,
or at the time of bringing the action, whichever is lesser, less any
taxes, penalties, costs, and interest which could have been collected
during the period following the forfeiture under this section, had
the interest in minerals been valued and assessed for tax purposes at
the time of forfeiture under this section. There is appropriated
from the general fund to the persons entitled to a refund an amount
sufficient to pay the refund. Subd. 5. Applicability.
The forfeiture provisions of this section do not apply to mineral
interests valued and taxed under other laws relating to the taxation
of minerals, gas, coal, oil, or other similar interests, so long as a
tax is imposed and no forfeiture under the tax laws is complete.
However, if the mineral interest is valued under other tax laws, but
no tax is imposed, the mineral interest forfeits under this section
if not recorded as required by this section.
93.551 Validation of certain statements; correction of certain errors. A
statement of severed mineral interests which was recorded within the
time limits specified by section 93.55
is validly and timely recorded even if the interest claimed by the
owner does not correctly set forth the whole or fractional interest
actually owned; the statement erroneously contained interests from
more than one government section; the statement was not properly
verified; or the interest, if registered property, was erroneously
recorded with the county recorder, or, if the interest was not
registered property, was recorded with the registrar of titles. The
owner may record an amendment or supplement to the original statement
for the purpose of correcting any or all of the errors described in
this section.
93.56 Repealed, 1973 c 650 art 20 s 9
93.57 Repealed, 1973 c 650 art 20 s 9
93.58 Publication of act. Sections 93.52
to 93.58, as amended or repealed by Laws 1973, chapter 650, article
20, together with the other sections of Laws 1973, chapter 650,
article 20, shall be published once during the first week of each
month in a legal newspaper in each county in the months of October,
November, and December of the year 1973 by the commissioner of
natural resources at county expense. Sections 93.52
to 93.58 also shall be published by the commissioner of natural
resources at least once in 1973 in two publications related to mining
activities which have nationwide circulation. Failure to publish as
herein provided shall not affect the validity of sections 93.52
to 93.58 or the other sections of Laws 1973, chapter 650, article 20.

 
round round


Usa-minnesota Law Firm / Lawyers Services Provided in Usa-minnesota :
Usa-minnesota Divorce Laws, custody, Usa-minnesota Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-minnesota Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-minnesota Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-minnesota, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-minnesota, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-minnesota Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-minnesota
LEGAL SERVICES
Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code
LAWYER BY LOCATION
India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...
LAW PRACTICE AREA
Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law
ABOUT HELPLINELAW
About Us
Contact Us
Services
Site Map
Recommend to Friends
© copyright 2000-2013, Helplinelaw.com Terms of USE
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.