Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 228-S.F.No. 837 
           An act relating to natural resources; amending certain 
          provisions concerning mineral exploration, exploratory 
          boring, and data acquired in connection therewith; 
          amending Minnesota Statutes 1990, sections 13.793, 
          subdivision 2; 103I.601, subdivision 4; and 103I.605, 
          subdivision 4.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 13.793, 
subdivision 2, is amended to read: 
    Subd. 2.  [DATA BECOME PUBLIC.] (a) Data under subdivision 
1, clause (1), become public data three years after the date the 
lease sale was held or, if not held, within three years after 
the date the lease sale was scheduled to be held.  Except as 
provided in paragraph (b), data under subdivision 1, clause (2), 
become public data 90 days one year after receipt by the 
commissioner.  
    (b) If data under subdivision 1, clause (2), relate to 
private land that is under mineral lease to the person 
submitting the data, and the mineral lease is in force at the 
time the data are submitted, the data become public data only 
after the mineral lease is no longer in force.  The person 
submitting the data that relate to private land that is under 
mineral lease shall provide to the commissioner at the time the 
data are submitted and annually thereafter, in a format 
designated by the commissioner, satisfactory evidence that the 
mineral lease is in effect.  If, in a given year, satisfactory 
evidence that the mineral lease is still in effect is not 
provided to the commissioner before the anniversary date of 
receipt of the data by the commissioner, the data immediately 
become public data.  
    Sec. 2.  Minnesota Statutes 1990, section 103I.601, 
subdivision 4, is amended to read: 
    Subd. 4.  [MAP OF BORINGS.] By ten days before beginning 
exploratory boring, an explorer must submit to the commissioners 
of health and natural resources a county road map having a scale 
of one-half inch equal to one mile, as prepared by the 
department of transportation, showing the location of each 
proposed exploratory boring to the nearest estimated 40 acre 
parcel.  Exploratory boring that is proposed on the map may not 
be commenced later than 180 days after submission of the map, 
unless a new map is submitted.  
    Sec. 3.  Minnesota Statutes 1990, section 103I.605, 
subdivision 4, is amended to read: 
    Subd. 4.  [EXPLORATION DATA.] (a) By six months 180 days 
after termination by the explorer of a lease or other type of 
exploration agreement on a property the data from the 
exploration must be submitted to the commissioner of natural 
resources.  The data is public data and persons submitting or 
releasing the data are not subject to civil or criminal 
liability for its use by others.  
    (b) Data that will become public under paragraph (a) may be 
submitted, with the prior written permission of the commissioner 
of natural resources, before the termination.  If the data are 
submitted earlier than the required time, the data do not become 
public data until 180 days after termination by the explorer of 
the lease or other type of exploration agreement on the property 
from which the data is obtained.  An explorer submitting data 
before the time required by paragraph (a) shall provide to the 
commissioner of natural resources at the time the data are 
submitted and every 180 days thereafter, in a format designated 
by the commissioner of natural resources, satisfactory evidence 
that the lease or other type of exploration agreement is in 
effect.  If satisfactory evidence that the mineral lease or 
other exploration agreement is still in effect is not provided 
to the commissioner of natural resources for a given 180-day 
period by the required date, the data immediately become public 
data.  The explorer may waive, in writing, the data privacy 
requirements and agree that data submitted before the time 
required by paragraph (a) are public data.  
     (c) Notwithstanding paragraph (b), exploration drill core 
and samples submitted before the time required by paragraph (a) 
become public data no later than five years after receipt of the 
exploration drill core and samples by the commissioner of 
natural resources even if the lease or other type of exploration 
agreement on the property from which the exploration drill core 
and samples were obtained has not terminated. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:32 a.m.