N.Y. Public Lands Law § 84: 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.