2006 New York Code - Mining Rights; Regulations; Continuation; Termination.

 
    § 84. Mining  rights; regulations; continuation; termination.  1.  All
  rights to explore for or extract minerals from a mine  or  deposit  that
  have  heretofore arisen by reason of the filing of a notice of discovery
  or by reason of the issuance of a permit or consent by the  commissioner
  of  general services under this article or under former article seven or
  which shall hereafter arise by reason of  the  filing  of  a  notice  of
  discovery  or  the  issuance  of a permit or consent by the commissioner
  under this article shall expire as to  those  heretofore  filed  at  the
  expiration  of  thirty months from the effective date of this act and as
  to those hereafter filed at the expiration of  thirty  months  from  the
  date  of filing of notice unless the person claiming under any notice so
  filed and his predecessors, if any, in interest shall have  expended  in
  each of the two years first elapsed in the said thirty months' period at
  least  two  hundred  fifty dollars in respect to each forty acres of the
  lands as to which notice was filed, in  the  exploration  for  mines  or
  minerals  or  in  operations relating to or preliminary to the mining of
  such lands or in both such explorations and mining, and shall have  made
  statements  of  the  amounts  of  minerals,  if any, extracted from such
  mines, to the commissioner, and shall have paid a royalty,  if  due,  on
  the  market  value of such minerals to the commissioner as prescribed in
  this article. Where a number  of  contiguous  forty  acre  parcels,  the
  mining  rights in which are owned in common, comprise a group, the total
  expenditure made for such group, whether or not such group  is  made  up
  entirely  of state land or state land and private land, may be allocated
  and credited  to  each  such  forty  acre  parcel  for  the  purpose  of
  determining  compliance  with  this  section,  notwithstanding that such
  expenditure may have been made on only one or more parcels in such group
  and not on every forty acre parcel therein, providing however that  such
  total  expenditure  must  be  at  least  equal  to  the  required  total
  expenditure of two hundred fifty dollars for each forty acre  parcel  in
  such group.
    2. Such right to explore or mine shall continue for successive periods
  each of thirty months, provided always that the requirements for minimum
  annual  expenditures with respect to the land affected by such notice of
  discovery as provided in subdivision  one  of  this  section  have  been
  complied   with  in  each  preceding  thirty  months'  period,  and  the
  statements of minerals, if any, extracted from such mine have been  made
  to  the  commissioner  and  royalty, if due, paid to the commissioner as
  required in this article.
    3. The proof of the making of such expenditures shall be submitted  to
  the  state  geologist,  in  such form as he may require, or, if minerals
  have been extracted, shall be submitted to  the  commissioner  with  the
  statement  of  the  amounts  of  minerals so extracted, on or before the
  thirtieth day after the last day of the first two  years  of  each  such
  thirty months' period.
    4. Failure to comply with any or all of the provisions of this article
  relating  to  the  statements  of  minerals  extracted,  the payments of
  royalty, expenditures and  proof  of  expenditures  shall  be  deemed  a
  default   in   the  performance  of  the  conditions  essential  to  the
  continuation of the rights of the  filer.  The  commissioner  shall,  at
  least  ninety days prior to the expiration of the current thirty months'
  period, as to any filer who is in default, mail to  such  filer  at  his
  last  address  known  to  the  commissioner, a notice to the effect that
  there has been default in the performance of the conditions essential to
  the continuation of the rights of the filer and that  such  rights  will
  expire  at  the end of the current thirty months' period, specifying the
  date. The filer may before the expiration of said thirty-months'  period
  file with the commissioner a petition for the right to appear before him
  to  establish the fact of compliance with this article. Upon the receipt
  of such petition, the commissioner shall designate a time and place  for
  a  hearing  thereon  and  advise  the filer and the state geologist. If,
  after  such  hearing,  the  commissioner  shall  be  satisfied  that the
  provisions of this article have been performed by the filer, or shall be
  satisfied by reasons or proof submitted that there  is  good  cause  for
  failure  to  comply  with  the provisions of this article, he shall make
  proper record or note of such fact in his office; and in his  discretion
  the rights under such filing shall then continue for a succeeding period
  of   thirty  months  from  the  expiration  of  the  current  period  of
  effectiveness.  If such filer shall not file  such  petition,  with  the
  commissioner,  or  having  filed  such  petition,  shall not satisfy the
  commissioner that he has performed the conditions stated in this article
  for the continuation of rights under a notice of  discovery,  then  such
  rights  shall  be  deemed  terminated as of the last day of such current
  thirty months' period.   The commissioner shall make  proper  record  or
  note in his office of the expiration of such rights.