reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-518 - Rental Notices

Current through Register Vol. 30, No. 28, July 12, 2024
If the rental is changed, the Commissioner shall notify the
				  lessees and permittees at their last known address in the Commissioner's
				  records; lessees and permittees shall be notified by the Commissioner of a
				  change in rental, by sending a notice thereof by mail at least 30 days prior to
				  the date upon which said rental is fixed by the Commissioner to be due, and any
				  such notice shall be presumptively deemed to have been received on the day
				  following which such notice is deposited in the U.S. Mail by the
				  Commissioner.
In all other cases, the Commissioner shall mail out rental
				  notices which rents shall be paid within 30 days or on the due date whichever
				  is the later; the Commissioner shall assume no responsibility if the notices
				  are not acted upon.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-521 - Modification or Amendment of Existing Lease or Permit

Current through Register Vol. 30, No. 28, July 12, 2024
No existing lease or permit shall be modified or amended for
				  a term any different than the term set forth therein unless mutually agreed
				  upon by the Commissioner and the lessee or permittee.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-524 - Sale, Mortgage or Lien on Interest of Holder of Lease or Permit

Current through Register Vol. 30, No. 28, July 12, 2024
The interest of the holder of any lease or permit shall be
				  subject to sale, mortgage or other lien to the same extent as patented land. No
				  contract of sale, mortgage or other lien shall become effective unless and
				  until an executed or conformed copy thereof showing the recording data is filed
				  with the Commissioner. When so filed, no assignment of the lease or permit
				  affected shall be made without the consent of all parties. Upon the foreclosure
				  of a contract of sale, mortgage or other lien filed with the Commissioner, the
				  Commissioner shall assign the instrument in question to the party entitled
				  thereto.
No action shall be taken by the Commissioner affecting the
				  rights of the lienholder, mortgagee or contract purchaser or seller affecting
				  the canceling, modification or declaration of the lien or permit to be
				  forfeited without written notice to all parties in interest.
If a mortgagee, trustee under a deed of trust, lienholder or
				  other person entitled to payment, receives full satisfaction of a mortgage,
				  deed of trust or other obligation evidence of which has been filed with the
				  Commissioner, he shall, at the request of the person making satisfaction or the
				  Commissioner file with the Commissioner a sufficient release or satisfaction of
				  mortgage or deed of release of the mortgage or deed of trust or lien.
Filing of these documents in no way obligates the
				  Commissioner to the terms of them.
The Commissioner may on his own initiative, or at the request
				  of a lessee or permittee, request of any mortgagee, trustee under a deed of
				  trust, lienholder or other person entitled to payment who has filed with the
				  Commissioner evidence of an obligation as set forth above, to notify the
				  Department in writing as to the principal balance remaining due, if any, on
				  such obligation; such request shall be made in writing and shall be mailed by
				  the Commissioner to the last known address of record of such obligee -- the
				  failure of such obligee to respond within 90 days from the date of receipt of
				  such notice shall ipso facto be deemed as a consent by such obligee to any
				  action that may be taken thereafter by the Commissioner with respect to any
				  land covered by such mortgage, deed of trust, contract of sale; or other
				  instrument evidencing an obligation.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-534 - Closing Land to Recreational Use

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commissioner may close Trust land in a specific area to recreational use
				for any of the following purposes when the Commissioner determines that it is
				in the best interest of the Trust and this state to restrict recreational
				access to reduce liability to the state or protect the public:
1. Dust abatement: To abate dust caused by
				the unauthorized use of motorized or non-motorized off-road vehicles on Trust
				land;
2. Human-caused hazardous
				environmental conditions: Conditions posing a risk to the public health or
				safety resulting from human-caused environmental hazards. Examples include
				illegal dumping of toxic or hazardous materials, leaking or abandoned
				underground storage fuel tanks, abandoned or unauthorized landfills, abandoned
				airfields used for pesticide or herbicide storage, abandoned mine workings, and
				other sites with similar characteristics;
3. Naturally-occurring hazardous conditions:
				To reduce the risk from naturally-occurring conditions posing a risk to public
				health or safety. Examples include fissures, sink holes, and flood-damaged
				areas; or
4. Damaged Trust lands:
				For protection or remediation of Trust lands that have been damaged by toxic or
				hazardous materials, mining, fires, off-road vehicles, or other human-caused or
				natural occurrences.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 7 - SPECIAL LEASING PROVISIONS › Section R12-5-702 - Agricultural Leases

Current through Register Vol. 30, No. 28, July 12, 2024
A. Land subject
				to agricultural lease; term of lease
1. All
				state lands classified as agricultural land are subject to agricultural leasing
				for such term as may be established by the Commissioner but in no event for a
				term of more than ten years.
a. The term of
				an agricultural lease of undeveloped agricultural land shall not exceed two
				years.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 7 - SPECIAL LEASING PROVISIONS › Section R12-5-705 - Grazing Leases

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions.
				Unless the context otherwise requires, the words hereinafter defined shall have
				the following meaning when found in these rules, to wit:
1. "Grazing lands" means lands which can be
				used only for the ranging of animals.
2. "Carrying capacity" or "average annual
				carrying capacity" means the average number of animal units which can be
				supported by a section of grazing land with due consideration for sustained
				production of the forage consistent with conservative range
				management.
3. "A section of land"
				for appraisal of carrying capacity purposes means an area of land consisting of
				640 acres.
4. "Animal unit" means
				one weaned beef animal over six months of age, or one horse, five goats, or
				five sheep, or the equivalent thereof.
5. "Average market price of cattle" means the
				average price by the hundredweight received during the calendar year under
				consideration by producers of cattle, exclusive of calves, in the states of
				Arizona, New Mexico, California, Utah, Nevada, Colorado, Wyoming, Montana,
				Idaho, Washington and Oregon, as determined by the Bureau of Agricultural
				Economics, United States Department of Agriculture, and, if that service is not
				available, from such sources as the Commissioner determines best to establish
				said price.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 8 - RIGHTS-OF-WAY › Section R12-5-801 - Rights-of-way

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions
1. "Commissioner" means State Land
				Commissioner.
2. "Department" means
				State Land Department.
3.
				"Right-of-way" for the purpose of these rules means a right of use and passage
				over or through state land for such purpose as the Commissioner may deem
				necessary.
4. "Lease" means any
				lease on state land in existence at the time applicant applies for
				right-of-way, or granted thereafter for either surface or subsurface
				use.
5. "Patent" means a document
				used by the State Land Department to convey title to land.
6. "Site" means a reservoir for storage of
				water; a location for a dam, a power plant or an irrigation plant, and for
				other purposes for public uses. (Not to include workings for the removal of
				sand, gravel and other road materials.)
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 8 - RIGHTS-OF-WAY › Section R12-5-802 - Reservoir, Dam, and Other Sites

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions
1. "Site lease" shall mean a
				lease issued upon state lands by the Department for reservoir or dam sites
				primarily used for purposes other than stock watering on lands leased for
				grazing purposes, and power or irrigation plant sites requiring more width than
				general rights-of-way leases for transmission lines or canals, or for such
				other purposes not classified as commercial.
2. "Surface lessee" means the holder of a
				lease on the surface of any state land for grazing, agricultural, commercial,
				homesite or natural products.
3.
				"Subsurface lessee" means the holder of a lease on the subsurface of any state
				land for oil and gas, mineral or natural products.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 9 - EXCHANGES › Section R12-5-901 - Scope of Rules

Current through Register Vol. 30, No. 28, July 12, 2024
These rules apply only to exchange of state land under the
				  provisions of A.R.S. §§
									37-604
				  to
				  37-608,
				  inclusive, and shall prevail over and supersede any existing policy or
				  procedure to the extent that they are in conflict therewith.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 9 - EXCHANGES › Section R12-5-902 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
Unless the context otherwise requires:
1. "Commissioner" means the State Land Commissioner.
2. "Selection board" means that board composed of the
				  Governor, the State Land Commissioner and the Attorney General, as authorized
				  by A.R.S. §
									37-202.
3. "Private owner" means any individual person, firm,
				  corporation, association, partnership, receiver, trustee, guardian, executor,
				  administrator, fiduciary representative, or any group acting as a unit, but
				  does not include the government of the state, the government of the United
				  States, and any subdivision, agency or instrumentality, corporate or otherwise,
				  of either of them.
4. "Department" means the State Land
				  Department.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 9 - EXCHANGES › Section R12-5-904 - Application

Current through Register Vol. 30, No. 28, July 12, 2024
The application shall be prepared and filed on such forms as
				  the Department may from time to time prescribe. The application shall set forth
				  such information as is required by law and these rules, including but not
				  limited to the following: the name, age, and residence of the applicant; a
				  description of all lands sought to be exchanged, which description shall be
				  technically competent, definite, susceptible of only one interpretation, and
				  furnish sufficient information for the identification of the land on the
				  ground; the number of acres contained in the lands of applicant offered in
				  exchange, and applicant's estimated value thereof; the number of acres
				  contained in the state lands applied for in exchange, and applicant's estimated
				  value thereof; a list of permanent improvements on the lands to be exchanged,
				  applicant's estimated value thereof and the description of the location thereof
				  in such manner as to facilitate the location thereof on the ground; a
				  description of any leasehold interest in the land to be exchanged or ownership
				  of any improvements thereon, together with the name and address of any such
				  claimant; accompanying agreements, if any, with the leaseholder or owner of
				  improvements on the lands to be exchanged shall be attached to the application
				  and filed therewith.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 9 - EXCHANGES › Section R12-5-910 - Maps and Photographs

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall furnish such map or maps of the lands to
				  be exchanged, coded as to ownership in a suitable manner, as the Department may
				  require and deem necessary to evaluate the application and assist in making an
				  appraisal; and, in addition the Department may require an aerial photograph or
				  photographs of such lands as it may specify in a request
				  therefor.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 9 - EXCHANGES › Section R12-5-918 - Controversy As to Title or Leasehold Rights

Current through Register Vol. 30, No. 28, July 12, 2024
The Commissioner may in his discretion hold in suspension or
				  reject any application to exchange where it is found that title or leasehold
				  rights in any of the land conveyed thereby are in controversy. The Department
				  will not become a party to any controversy between different claimants to any
				  of the land sought to be exchanged.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 12 - FEES › Section R12-5-1201 - Administrative Fees

Current through Register Vol. 30, No. 28, July 12, 2024
The State Land Department shall charge the following fees
				  for:
Application Type
Fee
Agricultural and Grazing - New
						  (per section or fraction thereof)
$150
Agricultural and Grazing - Renew
$200
Commercial - New (10 years or
						  less)
$1,000
Commercial - New - long-term
						  (more than 10 years)
$2,000
Commercial - Renew (includes
						  homesite)
$1,000
Appraisal for long-term leases
						  and land sales
Actual cost
Complete Assignment to an entity
						  100% controlled by assignor or family member
$500
Partial assignment for long-term
						  Commercial Lease only - (more than 10 years)
$2,500
All other assignments
$1,000
Application to Place Improvement
$150
Application to Place Improvement
						  without Prior Approval
$200
Application for Land Treatment
$150
Special Land Use Permits - New
						  or Renew
$300
Non-commercial Sovereign Land
						  Boat Dock / Launch Ramp Permit
$100
Application to Amend General
$100
Sublease
$200
Amendments for Commercial Lease
						  - 10 years or less
$500
Amendments for Commercial Lease
						  - long-term (more than 10 years)
$1,000
Lease Reinstatement
$300
Replacement of lost documents
$50
Certified copy of documents
$10 + $1 per page
Returned check
$20
Miscellaneous filings: Power of
						  Attorney, Probate Documents and Divorce Documents
$50
Mortgage, Deed of Trust
$50 per lease
Bond for conservation or
						  purchase applications for conservation purposes
$1,000
Right of Way - New or Renew
$500
Right of Way - Amendment
$100
Temporary Right of Entry
$100
Application to Purchase
$2,000
Certificate of Purchase
						  (Issuance)
$1,000
Patent (Issuance)
$200
Application for Partial Patent
$1,000
Natural Products - Commercial -
						  Wood Products
$200
Natural Products - Incidental
						  Use Permit
$200
Natural Products - Water
$500
Mineral Materials
$500
Minerals
$500
Mineral Exploration (New or
						  Renew)
$500
Oil & Gas (New or Renew)
$500
Geothermal
$500
Recreational Annual Use -
						  Individual
$15
Recreational Permits (Group)
						  Less than 5 days, Less than 20 people
$15
Recreational Annual Use -
						  Immediate Family Unit (Two adults and children under the age of 18)
$20
Urban Planning Classification
$1,000
Urban Planning Development
$1,000
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 14

Current through Register Vol. 30, No. 28, July 12, 2024
The heading for Article
				14 was repealed by summary action with an interim effective date of May 3,
				1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2).
				Adopted summary rules filed August 13, 1996; interim effective date of May 3,
				1996 now the permanent effective date (Supp. 96-3).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 15

Current through Register Vol. 30, No. 28, July 12, 2024
The heading for Article
				15 was repealed by summary action with an interim effective date of May 3,
				1996; filed in the Office of the Secretary of State April 8, 1996 (Supp. 96-2).
				Adopted summary rules filed August 13, 1996; interim effective date of May 3,
				1996 now the permanent effective date (Supp. 96-3).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 16.1 - RENUMBERED

Current through Register Vol. 30, No. 28, July 12, 2024
Article 16.1, consisting
				of Sections R12-5-570 thru R12-5-576, renumbered to Article 16, Sections
				R12-5-1606
				thru
				R12-5-1612
				(Supp. 93-3).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 18 - MINERAL LEASES › Section R12-5-1801 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
Unless the context otherwise requires:
1. "Commissioner" means the State Land Commissioner.
2. "Contiguous" means adjoining and having at least part of
				  one side in common.
3. "Department" means the State Land Department.
4. "Geochemical surveys" means surveys on the ground for
				  mineral deposits by the proper application of principles and techniques of the
				  science of chemistry as they relate to the search for and the discovery of
				  mineral deposits.
5. "Geological surveys" means surveys on the ground for
				  mineral deposits by the proper application of the principles and techniques of
				  the science of geology as they relate to the search for and discovery of
				  mineral deposits.
6. "Geophysical surveys" means surveys on the ground for
				  mineral deposits through the employment of generally recognized equipment and
				  methods for measuring physical differences between rock types or
				  discontinuities in geological formations.
7. "Lessee" means the holder of any lease issued pursuant to
				  the provisions of these rules and regulations and includes the holder of an
				  approved assignment of such lease.
8. "Mineral" means all natural inorganic substances that may
				  be extracted from the earth, and includes mineral compounds and mineral
				  aggregates, natural building stone, saline deposits, and such organic
				  substances as coal and guano, but does not include petroleum and related
				  hydrocarbon gases or other natural gases.
9. "Mining" means extracting mineral from the earth, but
				  shall not include any activity carried on after the mineral has been detached
				  from the earth and has reached the natural or original surface of the
				  earth.
10. "Qualified expert" means an individual qualified by
				  education or experience to conduct geological, geochemical, or geophysical
				  surveys, as the case may be.
11. "Shipping" means the transportation of extracted mineral,
				  after mining, to the place of processing or sale.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 18 - MINERAL LEASES › Section R12-5-1805 - Lease for Mineral Claim

Current through Register Vol. 30, No. 28, July 12, 2024
A. Term of
				lease. Every mineral lease of state land shall be for a term of 20
				years.
B. Lessee's right of
				possession and enjoyment. Every mineral lease shall confer the right:
1. To extract and ship minerals from the
				claim located within planes drawn vertically downward through the exterior
				boundary lines thereof, provided:
a. That in
				case of each lease of a claim located pursuant to the provisions of subsection
				(C) of these rules and regulations (Type A claim), the lease shall confer
				extralateral rights, in the discovery vein only, as follows:
Exclusive right of possession and enjoyment of the vein,
				  lode, or ledge throughout its entire depth, the top or apex of which lies
				  inside the surface lines of the claim extended downward vertically, although
				  such veins, lodes or ledges may so far depart from a perpendicular in their
				  course downward as to extend outside the vertical side lines of such surface
				  locations. But the right of possession to such outside parts of such veins or
				  ledges shall be confined to such portions thereof as lie between vertical
				  planes drawn downward as above described, through the end lines of the
				  location, so continued in their own direction that such planes will intersect
				  such exterior parts of such veins or ledges. Nothing in this subsection shall
				  authorize the locator or possessor of a vein or lode which extends in its
				  downward course beyond the vertical lines of his claim to enter upon the
				  surface of a claim owned or possessed by another.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 18 - MINERAL LEASES › Section R12-5-1806 - Records and Reports

Current through Register Vol. 30, No. 28, July 12, 2024
A. Annual lease
				report. An annual report shall be submitted by the lessee of each mineral claim
				showing any and all work performed, improvements made, the cost thereof, and
				such other information as the Commissioner may require. The report, covering
				the mining operation in general, shall be filed with the Commissioner within 90
				days after expiration of the period provided for the performance of annual
				labor, shall be incorporated with the report of that labor and shall be in such
				form as the Commissioner may prescribe.
B. Monthly production report. A monthly
				report of production shall be submitted by the lessee of each mineral claim
				within 15 days after the end of the month in which production is first had and
				before the 15th of each succeeding month for the month immediately preceding,
				unless otherwise ordered by the Commissioner. Any negative report subsequent to
				the initial production report shall be submitted unless waived by the
				Commissioner. The report shall be in such form as the Commissioner may
				prescribe and shall contain such information as the Commissioner may require,
				including, but not limited to, information regarding amounts of mineral
				extracted, use, or sold, the costs of shipping and processing, and the monetary
				returns therefrom.
C. Records. Each
				lessee of a mineral claim shall make and keep appropriate books and records
				covering the mining, shipping, processing and selling of mineral from the
				claim. The Commissioner or his representative shall have the right at all times
				during the existence of each lease of a mineral claim, and for six months
				thereafter, to make such reasonable examination of such books, records or other
				material as may be necessary to obtain information desired.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 18 - MINERAL LEASES › Section R12-5-1807 - Relating to Mineral Reservations

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. Unless the context otherwise requires:
1. "Commissioner" means the State Land
				Commissioner.
2. "Department" means
				the State Land Department.
3.
				"Reserved minerals" means those minerals, hydrocarbons and other substances as
				defined in A.R.S. §
										37-231,
				subsection (E).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 19 - PROSPECTING PERMITS › Section R12-5-1901 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Commissioner" means State Land Commissioner.
B. "Date of issuance of permit" means the 15th day after
				  approval of the designated land by the Commissioner.
C. "Department" means State Land Department.
D. "Exploration" means activity conducted upon the state land
				  covered by an exploration permit to determine the existence or nonexistence of
				  a valuable mineral deposit, including but not limited to geological,
				  geochemical or geophysical surveys conducted by qualified experts, and
				  drilling, sampling and excavation, together with the costs of assay and
				  metallurgical testing of samples from such land.
E. "Geochemical surveys" means surveys on the ground for
				  mineral deposits by the proper application of the principles and techniques of
				  the science of chemistry as they relate to the search for and discovery of
				  mineral deposits.
F. "Geological surveys" means surveys on the ground for
				  mineral deposits by the proper application of the principles and techniques of
				  the science of geology as they relate to the search for and discovery of
				  mineral deposits.
G. "Geophysical surveys" means surveys on the ground for
				  mineral deposits through the employment of generally recognized equipment and
				  methods for measuring physical differences between rock types or
				  discontinuities in geological formations.
H. "Mineral" means all natural inorganic substances that may
				  be extracted from the earth and includes mineral compounds and aggregates,
				  natural building stone, saline deposits, and such organic substances as coal
				  and guano but does not include petroleum and related hydrocarbon gases or other
				  natural gases.
I. "Qualified expert" means an individual qualified by
				  education or experience to conduct geological, geochemical, or geophysical
				  surveys, as the case may be.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 19 - PROSPECTING PERMITS › Section R12-5-1903 - Application for Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Qualifications of applicant. Any citizen of the United States, partnership or
				association of citizens, or a corporation organized under the laws of the
				United States or any state or territory thereof, and authorized to transact
				business in the state, may apply to the Commissioner for a mineral exploration
				permit on state land.
B. Area
				covered by permit application. Separate application shall be made for each
				mineral exploration permit. A permit may include one or more of the rectangular
				subdivisions of 20 acres, more or less, or lots of state land in any one
				section of the public land surveys.
C. Information to be furnished by the
				applicant
1. The application for permit shall
				be in such form as the Commissioner may prescribe, shall be in writing, signed
				by the applicant or an authorized agent or attorney for the applicant, and
				shall contain the following information:
a.
				Name and address of applicant.
b.
				Statement whether applicant is an individual, partnership or
				corporation.
c. Statement of
				citizenship.
d. If a corporation:
i. Name.
ii. State of incorporation.
iii. Arizona business address.
iv. Affirmation of authorization to do
				business in Arizona.
e.
				Age and marital status.
f.
				Description according to the public land survey of the land for which
				application is being made.
g.
				Location of mineral locations, claims or leases on the land under
				application.
h. Location of
				abandoned underground or other major workings on the land under
				application.
i. Location of
				proposed roadways within the area under application and of proposed of ingress
				and egress over other state land concerned.
j. Location of improvements or crops on land
				under application, or on land over which proposed routes of ingress and egress
				pass. (Information required in (g), (h), and (i) above, shall be conveyed by
				means of a reasonably accurate plat, or drawing, accompanying the application
				form.)
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 19 - PROSPECTING PERMITS › Section R12-5-1905 - Conversion of Permitted Acreage to Mineral Lease

Current through Register Vol. 30, No. 28, July 12, 2024
Application for lease.
1. Following discovery of a valuable mineral
				deposit upon the state land covered by a mineral exploration permit with a
				rectangular subdivision of 20 acres, more or less, or lot of the public land
				survey, the permittee may apply to the Commissioner for a mineral lease upon
				state land so contained.
a. For the purpose of
				the application and any mineral lease issued pursuant to such application, such
				rectangular subdivision or lot shall constitute a mineral claim without
				extra-lateral rights and shall be deemed to have been located as of the date of
				filing the application for mineral lease.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2001 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Common mineral materials" includes cinders, sand, gravel
				  and associated rock, fill-dirt, common clay, disintegrated granite, boulders
				  and loose float rock, waste rock and materials of similar occurrence commonly
				  used as aggregate road material, rip-rap, ballast, borrow, fill, for general
				  construction and for similar purposes.
B. "Natural products" includes all other products severed
				  from the land including, but not limited to, water and plants but shall not
				  include geothermal resources and those substances subject to the mining
				  prospecting permit and leasing laws of Arizona.
C. "Royalty" means the monetary consideration representing
				  the true appraised value of the common mineral materials of natural
				  products.
D. For the purposes of any common mineral materials sales
				  agreement, unless otherwise stated, the following terms shall have these
				  meanings.
1. "Ton" is 2,000 pounds.
2. A "cubic yard" is a measurement of material that will fill
				  a container that measures 1 yard by 1 yard by 1 yard and when a cubic yard is
				  to be converted to tons industry accepted measures of conversion will be
				  used.
3. "Annual production" is the number of tons of material that
				  the Department determines is a reasonable amount to be extracted from the site
				  in any 12-month period.
4. "Unit royalty rate" is the amount of money to be paid by
				  the buyer to the Department for each ton of common mineral materials
				  extracted.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2002 - Miscellaneous Rules

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope. These
				rules are promulgated pursuant to authority vested in the State Land Department
				by statute and provide for the disposition of common mineral products and
				natural products in conformance with the enabling Act and Arizona Constitution.
				These rules and regulations shall supersede any existing rules or procedures of
				the Department under this Chapter.
B. Application of rules. As applicable, these
				rules shall govern the sale of all common mineral materials and natural
				products.
C. State land subject to
				application to purchase. Any state-owned land containing deposits or
				accumulations of common mineral materials and natural products shall be subject
				to application for sale thereof it being understood that the state reserves the
				right to refuse to authorize the sale of common mineral materials or natural
				products on its lands.
D. Location
				prohibited. Common mineral materials and natural products are not subject to
				location as a claim, application for prospecting permit or to application for a
				mineral lease, as provided by Title 27, Chapter 2, Articles 3 and 4 of the
				Arizona Revised Statutes. The right to enter upon state land for the purpose of
				exploring and testing of common mineral materials is reserved by the
				Department.
E. Nature of agreement.
				A common mineral materials or natural products sales agreement is an agreement
				by virtue of which the holder may enter designated state trust lands and
				recover, extract, use, store, remove and dispose of the materials or natural
				products designated in the sales agreement, as set forth in R12-5-775(B),
				R12-5-778, and R12-5-779.
F. Area
				of activity. The agreement entitles the holder to pursue any permitted activity
				on or within the premises as determined by boundaries drawn vertically downward
				through the exterior boundaries of the premises.
G. Environmental protection. At any time
				during the course of the agreement, the Department may require the purchaser to
				employ new or other conservation measures in addition to any required at the
				time of purchase. Any such requirement shall not affect the royalty or minimum
				annual guarantee requirement.
H.
				Rehearings and appeals. The right to a rehearing or an appeal from an
				intermediate or final order of the Department, Commissioner or Board of Appeals
				from any action taken pursuant to this Article, shall be as authorized by the
				law pertaining to the conduct of the Department, Commissioner and Board of
				Appeals, the general rules pertaining to such rehearings and appeals and such
				right is neither enlarged nor diminished by this Article.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2003 - Application for Purchase

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Qualification of applicant. Any citizen, or one who has declared his intention
				to become a citizen, of the United States, partnership, or association of
				citizens, or a corporation organized under the laws of the United States or any
				state, or territory thereof, and authorized to transact business in the state,
				and any agency of the state of Arizona or any political subdivision thereof may
				apply to the Department to purchase common mineral materials or natural
				products.
B. Area covered by
				application. A separate application shall be made for each common mineral
				materials or other natural products sale that relates to land in a different
				section or to non-contiguous parcels within a section. The size of any area
				subject to sale shall be determined by the Department in order to further the
				best interests of the state, and may represent consolidated
				applications.
C. Information to be
				furnished by the applicant.
1. The application
				to purchase shall be in such form as the Commissioner may prescribe, shall be
				filed with the Department by the applicant or an authorized agent for the
				applicant, and shall contain the following information:
a. Name and address of applicant.
b. Statement whether applicant is an
				individual, partnership or corporation or agency of the state or political
				subdivision thereof.
c. Statement
				of citizenship, when applicable.
d.
				If a corporation:
i. Name.
ii. State of incorporation.
iii. Arizona business address.
iv. Affirmation of authorization to do
				business in Arizona.
e.
				Age and marital status, when applicable.
f. Description, according to the public land
				survey, of the land for which application is being made.
g. Location of mineral claims or leases on
				the land under application.
h.
				Location of abandoned mineral workings or common mineral materials pits on the
				land under application.
i. Location
				of proposed roadways within the area under application and of proposed routes
				of ingress and egress over other state land.
j. Location of improvements or crops on land
				under application or on land over which proposed routes of ingress and egress
				pass (information required in (g) through (j) herein shall be conveyed by means
				of a reasonably accurate plat or drawing accompanying the application
				form).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2004 - Exploration Permits

Current through Register Vol. 30, No. 28, July 12, 2024
Common mineral materials and natural products, exploration,
				  permits.
1. Scope. Following receipt
				of an application to purchase, the Department may issue permits to any person
				to explore for common mineral materials or natural products which are subject
				to sale.
2. Issuance of permits.
				Such permits will be issued only for limited entry into designated areas for
				the purpose of exploring or testing for common mineral material or natural
				products.
3. Non-assignability of
				permits. Such permits are non-assignable and subject to control stipulations by
				the Department.
4. No reimbursable
				improvements will be authorized or recognized by the Department in connection
				with any activity pursuant to an exploration permit.
5. Filing an application for sale shall
				entitle an applicant to an exploration permit without payment of further fees;
				any other person wishing to explore must pay a sum equal to the application
				fee.
6. All related state land must
				be restored after exploration and before sale by the exploring
				person(s).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2005 - Use of Land

Current through Register Vol. 30, No. 28, July 12, 2024
A. Rights of
				applicant. Except as may be provided by an exploration permit duly issued
				pursuant to R12-5-774, the filing of an application for a common mineral
				material or other natural products sale shall not confer upon the applicant any
				greater right to the use of the land under application or to the common mineral
				materials or other natural products therein than were held by the applicant
				before filing.
B. Rights of Buyer.
				The Buyer shall have the right to use as much of the surface of the premises as
				is reasonably necessary for the extraction, severance, temporary storage,
				removal and disposition of the materials from the premises, including the right
				to wash, screen, crush, sort or otherwise mechanically process those materials,
				together with the right of ingress to and egress from the premises across other
				state lands along designated routes approved by the Department. The right
				herein granted shall be perfected by Buyer obtaining the commercial lease
				referred to in R12-5-773(D).
C. Use
				by other than Buyer; assignability of Buyer's rights. No one other than the
				employees or officers of the Buyer or those of an independent contractor
				engaged in the performance of a written contract with the Buyer shall have the
				right to enter upon the premises to perform any act permitted Buyer under the
				sales agreement. However, Buyer may assign its interest upon the prior written
				approval of the Department upon a form provided for such.
D. No reimbursable improvements shall be
				authorized or recognized by the Department no matter by whom or for what
				purpose constructed insofar as the Buyer of a common mineral materials or
				natural products agreement is concerned. The Buyer shall have 90 days following
				the expiration or termination of the agreement, provided Buyer has performed
				all acts to be performed by it to remove any improvements; further provided
				that such removal does not interfere with the land being returned to an
				acceptable condition. Otherwise, any such improvements shall be deemed
				abandoned to the trust. Nothing in this provision, however, shall interfere
				with any right to reimbursement for improvements which Buyer might have by
				virtue of its status as a lessee of the Department.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2006 - Notice and Conduct of Competitive Sales

Current through Register Vol. 30, No. 28, July 12, 2024
A. Nature
1. All sales of common mineral materials and
				natural products, except to governmental agencies, shall be by public
				auction.
2. Common mineral
				materials or natural products may be sold to governmental agencies without
				public auction on terms specified by the Commissioner, provided that the
				materials or products are sold at their true appraised value and that they are
				to be used for governmental purposes.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2007 - Common Mineral Materials

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Material to be specified. Common mineral materials sales agreements will recite
				the material or materials covered by such agreements and the rights of Buyers
				will pertain only to such materials as specified in the agreement.
1. It is understood that flora will
				necessarily be distributed by Buyer's activities, but such disturbance shall be
				minimal and the Department may so direct Buyer's activities to assure such
				minimal disturbance.
2. Buyer shall
				not be entitled to keep, give, sell or otherwise dispose of any flora on the
				premises unless the agreement so provides, in which event such flora shall have
				been appraised by or for the Department and a separate price therefore set
				forth in the agreement.
3. This
				agreement shall confer the right on the Buyer to extract groundwater from the
				land area subject to the sale for the purposes stated in R12-5-772, subsection
				(E) and R12-5-775, subsection (B), and purposes incidental or related thereto
				which uses and purposes shall be set forth in the Notice of Sale and which
				shall have been a factor in the establishment of the minimum acceptable unit
				royalty rate however, groundwater may be separately noted for sale in which
				event the notice of sale shall specifically so provide.
4. The granting of a right to extract
				groundwater shall not constitute a representation or guarantee by the
				Department that there is any groundwater available at any level or any quality
				for extraction.
5. Any right to
				extract groundwater conferred hereby is subject to any and all limitations and
				provisions existing in law or regulation of any agency including any such
				applicable other regulation of this Department.
6. Nothing herein shall affect any right to
				the use of groundwater which buyer might otherwise possess by virtue of being a
				lessee of the Department or having otherwise acquired a groundwater permit
				through Public Auction Sale by the Department.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2008 - Natural Products - Groundwater

Current through Register Vol. 30, No. 28, July 12, 2024
When the law permits and the Department believes it
				  consistent with the best interests of the state, groundwater may be sold at
				  public auction in the same manner and subject to the same forms, insofar as
				  possible, as are common mineral materials.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 20 - COMMON MINERAL MATERIALS AND NATURAL PRODUCTS › Section R12-5-2009 - All Other Natural Products

Current through Register Vol. 30, No. 28, July 12, 2024
When the Department believes it consistent with the best
				  interests of the state, natural products other than groundwater may be sold at
				  public auction in the same manner and subject to the same terms, insofar as
				  possible, as are common mineral materials.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 21 - OIL AND GAS LEASES › Section R12-5-2101 - Completed Oil and Gas Lease Application

Current through Register Vol. 30, No. 28, July 12, 2024
An oil and gas lease application, filed pursuant to this
				  Article, shall be on a form prescribed and furnished by the Department. The
				  application is complete if all blank spaces are addressed with all required
				  attachments. The applicant may indicate "not applicable" or "N/A" on any blank,
				  as appropriate. The applicant shall complete the application's certification
				  page pursuant to the instructions. An applicant shall appropriately sign and
				  date the application.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 21 - OIL AND GAS LEASES › Section R12-5-2104 - Application for Noncompetitive Lease; Acreage Limitation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall not issue an oil and
				gas lease on land already leased for that purpose. If state lands are not
				located within a known geological structure of a producing oil or gas field, a
				person shall submit a noncompetitive oil and gas lease application for a
				noncompetitive oil and gas lease. State lands under a single oil and gas lease
				application shall not exceed 2,560 acres which shall be the maximum acreage of
				state lands in a noncompetitive oil and gas lease. The lands under application
				shall be in as compact a body as possible. The application may include
				non-contiguous state lands within a six mile square area if the maximum acreage
				of contiguous land is not available, but shall not exceed 2,560
				acres.
B. An applicant shall submit
				the completed noncompetitive oil and gas lease application to the Department's
				Phoenix Office, 1616 W. Adams, Phoenix, AZ 85007, to the attention of Public
				Records, along with payment of the required application fee pursuant to A.R.S.
				§ 37-108 and advanced rent payment as calculated under A.R.S. §
									27-555(D).
				The first applicant to file a complete noncompetitive oil and gas lease
				application with required fees and advance rental payment has priority to the
				lease. The Department shall resolve conflicts resulting from simultaneously
				filed noncompetitive oil and gas lease applications in accordance with Section
				R12-5-2105.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 21 - OIL AND GAS LEASES › Section R12-5-2115 - Competitive Lease; Award of Lease

Current through Register Vol. 30, No. 28, July 12, 2024
When state lands are located within a known geological
				  structure of a producing oil or gas field, the oil and gas interest in the land
				  shall be leased only by sealed bid.
1.
				Within 30 days of opening of sealed bids, the Department, subject to its right
				to reject a bid, shall award the lease to the highest qualified bidder. The
				Department shall give notice of its decision, by certified mail, to the
				applicants.
2. The Department shall
				send a lease offer to the successful bidder. The successful bidder shall
				execute the leases and pay the first year's rental, within 30 days from receipt
				of the lease offer.
3. If two or
				more tracts, where the acreage does not exceed more than two sections of land,
				are awarded to any bidder the tracts may, if not otherwise prohibited by law,
				be included in a single lease.