NY Pub Lands L § 84 (2021)
2021 New York Laws PBL - Public Lands Article 7 - Mines, Minerals and Metals 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.