2023 New York Laws › PBL - Public Lands › Article 7 - Mines, Minerals and Metals › 82 - Notice of Discovery; Filing; Fee; Bounty to Discoverer; Royalty to State.

§ 82. Notice  of discovery; filing; fee; bounty to discoverer; royalty
to state.  1. Any person discovering a mine or deposit of gold or silver
in or upon private lands within this  state,  and  any  citizen  of  the
United  States  discovering  a mine or deposit of any mineral in or upon
state lands may work the same subject to the provisions of this  article
but  not  until  he  files  written  notice  of  such discovery with the
secretary of state, which notice shall be indexed and  registered  in  a
permanent  record  to be kept by such secretary, describing particularly
the nature and situation of such mine or minerals.
2. Notices filed pursuant to this section shall be in such form as the
secretary of state  shall  prescribe  and  shall  contain,  among  other
things, the following information:
(a) The name and address of the filer.
(b) The name of the owner of the land.
(c)  An accurate description together with a map made on tracing cloth
with india ink of the land against which the notice is  filed,  in  form
sufficient for the convenient location of the land, which land shall, so
far  as practicable, be of equal length and width and shall comprise not
more than forty acres.
(d) A statement subscribed by the filer and affirmed by him to be true
under the penalties of perjury that he has read or knows the  provisions
of  this  article  and  is  familiar  with  the  conditions to be by him
performed precedent to the acquisition, continuation and preservation of
any rights flowing from his filing of such notice.
3. A fee of fifty dollars shall be paid to the secretary of state with
each such notice.
4. The filer shall have the sole benefit of minerals extracted from  a
mine or deposit on state land on the payment to the state of such annual
rental  and  such  royalty as the commissioner shall deem reasonable and
proper provided, however, that the minimum royalty  shall  not  be  less
than  two per centum of the market value of all such minerals. The filer
shall be exempted from paying a royalty to the people of  the  state  on
the  market value of all gold and silver extracted from a gold mine or a
silver mine on private lands for a term of five years under  notices  of
discovery  filed on or after April sixteen, nineteen hundred forty-five,
to be computed from the date of filing of the notice of  discovery;  and
after  the expiration of such term, the filer shall pay to the people of
the state a royalty of one per  centum  of  the  market  value  of  such
products.
A  statement  of  all  minerals extracted from the premises covered by
notice of discovery, together with the market value  thereof,  shall  be
made  within  six  months  from  the  time  such products shall first be
extracted,  and   semi-annually   thereafter,   under   oath,   to   the
commissioner,  and  payments of such royalty shall be made semi-annually
to the commissioner at the time of making of such statement of  minerals
extracted.  Such  payments of royalty shall thereafter be transmitted to
the state department of taxation and finance by  the  commissioner.  Any
wilful  falsehood in the contents of such statement made by the filer to
the commissioner shall work a forfeiture to the state of  the  value  of
the  whole  amount extracted during the period covered by such statement
and he shall be immediately liable to the  state  for  payment  of  said
amount.  Upon  failure to make the statement of minerals extracted, when
due, and the  payments  of  royalty,  when  due,  the  commissioner  may
terminate  all  rights  to  explore  and  mine in the manner hereinafter
provided. From time to time the legislature may provide for a  different
rate  of compensation to be paid to the state or for other conditions or
standards governing the exercise of the right to  explore  for  or  mine
minerals on state lands or gold and silver on private lands.
5.  The  filer  shall immediately notify the secretary of state of any
change in his address or of his interest in his rights under his  notice
of  discovery,  the manner in which such change of interest is effected,
and the name and address of any successor or successors to his interest,
in  whole or in part. Such notice shall be in writing and duly sworn to.
In the event no such notice is received by the secretary of  state,  any
notice  of  default  as  herein provided for, mailed by the secretary of
state to the filer at the last known address, shall be binding upon  all
parties in interest for all purposes.