1998 Minnesota Statutes

     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, such ore 
 may, in the discretion of the commissioner of natural resources, 
 be included in such unit by inserting a description of such ore 
 in the designation of the unit.  Otherwise such ore shall not be 
 considered as included in such unit.  Upon the inclusion of such 
 ore in such unit, it shall be subject to all provisions of law 
 relating to the sale, issuance, terms, and conditions of a 
 prospecting permit and lease covering such unit and other 
 matters pertaining thereto, so far as applicable, except as 
 hereinafter provided.  

    Subd. 3.    Stockpile mining unit.  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 in accordance with the provisions of 
 section 93.15, so far as applicable.  Thereupon such stockpile 
 mining unit shall be subject to all provisions of law relating 
 to the sale, issuance, terms, and conditions of prospecting 
 permits and leases covering mining units designated under such 
 section 93.15 and other matters pertaining thereto, except as 
 hereinafter provided.  Upon application of the holder of a 
 prospecting permit for such a stockpile mining unit, the 
 commissioner of natural resources may, for good cause shown, 
 extend the time for beginning the work of prospecting under the 
 permit to not exceeding six months from the date of the permit.  

    Subd. 4.    Additional provisions in permit or lease.  
 The commissioner of natural resources, with the approval of the 
 executive council, may include in any prospecting permit or 
 lease covering any stockpiled iron ore as hereinbefore provided 
 such additional provisions, not inconsistent with law, as the 
 commissioner deems advisable for the proper disposal of such ore 
 in furtherance of the public interest; provided, that in case a 
 mining unit consisting of or including such ore is offered at 
 public sale, a statement of such additional provisions shall be 
 included in the designation of the unit before publication of 
 the notice of sale.  

    Subd. 5.    Commingling.  In case any stockpiled iron 
 ore consisting of tailings from a treatment or beneficiation 
 plant or other material shall be commingled with other such 
 material owned or held under lease by another, the commissioner 
 of natural resources, with the approval of the executive 
 council, upon application of such owner or lessee, without 
 public sale and without prior issuance of a prospecting permit, 
 may enter into a mining lease with such owner or lessee for the 
 removal and disposal of the state's portion of such commingled 
 material under the following terms and conditions: 

    (1) The application shall be in such form and shall contain 
 such information as the commissioner shall prescribe; 

    (2) The mining lease shall be in the form prescribed by 
 section 93.20 and subject to all the provisions of said section, 
 so far as applicable, except that it may provide for the payment 
 of rental and royalty at such rates as may be agreed upon 
 between the parties, not less than the applicable minimum rates 
 prescribed by section 93.20, and may contain such additional 
 provisions, not inconsistent with law, as may be appropriate for 
 the proper disposal of the material covered thereby in 
 furtherance of the mutual interests of the parties, and as may 
 be agreed upon between them.  

    HIST: 1945 c 342 s 1; 1951 c 520 s 1; 1969 c 1129 art 10 s 2; 
 1986 c 444