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93.19 Permit holders; leases, royalties.

Subdivision 1. Conditions requisite prior to lease. At any time prior to the expiration of an iron ore prospecting permit issued upon public sale under section 93.17, if the commissioner shall determine that all the terms and conditions of the permit and applicable provisions of law have been complied with, the holder of the permit shall have the right to receive from the commissioner of natural resources a mining lease as prescribed in section 93.20, which shall bind the state and the lessee to the mutual observance of the obligations and conditions thereof. As a condition precedent to the issuing of such mining lease, the holder of the permit shall file a full verified report of all work of exploration done under the permit, in accordance with the terms and conditions thereof and applicable provisions of law, or, in case no work was done, an affidavit so stating, and shall pay to the state treasurer as rental to the end of the first quarter under the lease an amount commensurate with the unexpired portion of that quarter at the rate specified in section 93.20.

Subd. 2. Rental. If the holder of any such permit shall indicate in an application for a lease that the holder considers the lands covered by the permit to be principally valuable for the taconite thereon and that the holder desires a taconite mining lease thereon, the commissioner of natural resources, on the basis of all available information, including information acquired as the result of exploratory work under the permit, if any, shall determine whether the lands covered by the permit are principally valuable for the taconite thereon and have no substantial value because of merchantable deposits of iron ores of other kinds defined in section 93.20. If the commissioner shall so determine, the applicant shall be entitled to a lease for mining taconite ore as prescribed in section 93.20, upon compliance with the provisions of subdivision 1, so far as applicable, and upon payment to the state treasurer of rental to the end of the first quarter at the rate specified in said section for such leases. In such cases the commissioner shall designate the lease as taconite iron ore mining lease and shall insert the reduced rental rates for such leases as specified in section 93.20.

Subd. 3. Surrender or cancellation of permit. Upon the surrender or expiration of a prospecting permit or upon the issuance of a mining lease pursuant thereto, if the commissioner shall determine that the terms and conditions of the permit and applicable provisions of law have been fully complied with, the certified check deposited as security for performance of the covenants of the permit, as provided by section 93.17, subdivision 2, shall be returned to the holder of the permit or assigns of the holder. Otherwise, upon the surrender, cancellation, or expiration of such a permit, such check shall be deemed forfeited to the state for failure of performance of the covenants of the permit, and the proceeds shall be credited to the same fund as the rental or royalty from the mining unit affected.

HIST: (6408) 1921 c 412 s 6; 1925 c 395 s 1; 1927 c 389 s 1; 1941 c 546 s 4; 1943 c 233 s 2; 1951 c 546 s 2; 1969 c 1129 art 10 s 2; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes