Title 27 — Minerals, Oil and Gas

Upon discovery of mineral in place on the public domain of the United States the mineral may be located as a lode mining claim by the discoverer for himself, or for himself and others, or for others.

A. Location of a lode claim shall be made by erecting on the surface on the centerline within the boundaries of the claim a conspicuous monument of stones not less than three feet in height, or an upright post securely fixed and projecting at least four feet above the ground, in …

A. The locator of a lode, placer or millsite claim shall: 1. Cause to be recorded in the office of the county recorder of the county in which the claim is located an executed copy of the location notice to which notice shall be attached a map, plat or sketch of the claim, within …

The boundaries of a lode claim shall be monumented by six substantial posts projecting at least four feet above the surface of the ground, or by substantial stone monuments at least three feet high, one at each corner of the claim and one at the center of each end line of a lode …

The locator of a placer mining or millsite claim shall locate the claim in the same manner as prescribed for a lode claim, except that: 1. The location notice shall be posted on a separate monument at one corner of the claim within the boundaries of the claim. 2. Only the corners…

The relocation of a claim shall be made in the same manner as other locations. If the original location work of the claim being relocated included the recording of a map or plat pursuant to section 27-203, the locator may perform relocation work by resurveying or by verifying the…

A. Before December 31 of any year in which the performance of annual labor or making improvements or the payment of claim maintenance fees on a mining claim is required, the person on whose behalf the work or improvement or payment was made, or the person's representative, knowin…

In all actions, judgments, grants, or conveyances it shall be a sufficient description of a mining claim if the name of the claim, the district, county and state where it is located, and the book and page where the location notice thereof is recorded can be understood therefrom.

A. The owner of an unpatented lode, placer or millsite claim existing on the effective date of this section may on or before October 21, 1980, file a map, plat or sketch of such claim conforming to the requirements of section 27-203, subsections B and C which shall also recite th…

A. When a co-owner gives a delinquent co-owner notice in writing or notice by publication to contribute his proportion of the expense of annual labor or maintenance fees as provided by the laws of the United States, an affidavit of the person giving the notice, stating the time, …

A. If the delinquent co-owner, within the time required by the laws of the United States, contributes his proportion of the expenditures, the co-owner, who demanded contribution shall sign and deliver to the delinquent co-owner a written statement that the delinquent, naming him,…

In this article, unless the context otherwise requires, "mineral" means all metallic ore minerals and industrial minerals other than common variety minerals as defined in section 27-271.

A. Upon application to the state land commissioner, not less than thirty nor more than sixty days prior to the expiration of the lease, if the lessee of mineral lands is not delinquent in the payment of rental or royalty on the date of expiration of the lease, the lessee shall ha…

A. Before issuing a mineral lease the state land commissioner shall establish the annual land rental for the mineral lease. The rental shall be based on an appraisal of the land that, for purposes of establishing the rent, shall not include the contributory value of mining. The a…

A. The state land commissioner may offer mineral exploration permits or mineral leases at public auction, after advertising, for state lands on which a mineral exploration permit or mineral lease has been cancelled, terminated or not been renewed by the lessee or permittee, or ma…

The commissioner may, if he deems it in the interest of the state, subordinate the royalty rights of the state under this article, or suspend the operation thereof or of any lease executed under the provisions of this article, in favor of the United States or any agency thereof, …

All questions arising between a lessee and the commissioner under this article shall be subject to review as in other cases involving state lands, and the lessee's right to possess and operate the lease shall continue until the question is finally determined.

Every mineral lease issued under this article and article 4 of this chapter which had not expired or been terminated by the department as of June 8, 1989 shall be in effect for the unexpired term for which it was granted. The state land commissioner shall set the rental and royal…

A. The state land commissioner or the commissioner's authorized representative may enter, and the lessee shall maintain access to, the state land held under a mineral lease at reasonable times to inspect the workings, improvements and other facilities used to extract or sever min…

A. Any natural person over eighteen years of age and any other person qualified to transact business in this state may apply to the state land commissioner for a mineral exploration permit on the state land in one or more of the rectangular subdivisions of twenty acres, more or l…

A. Every mineral exploration permit shall be for a term of one year from the date of issuance, subject to renewals as provided in this article for an aggregate of not to exceed five years from such date, and shall give to the permittee the rights, subject to the terms and conditi…

The holder of an exploration permit may, prior to expiration of the annual period for which such permit was issued, or prior to expiration of the annual period for which such permit was renewed, file with the department an application for renewal of such permit for the ensuing an…

Following discovery of a valuable mineral deposit upon the state land covered by a mineral exploration permit within a rectangular subdivision of twenty acres, more or less, or lot, of the public land survey, the permittee may apply to the commissioner for a mineral lease upon th…

A. The commissioner, in his discretion, may require the applicant for a mineral exploration permit, prior to issuance of such permit, to file with the commissioner a surety bond, in form and amount and with surety approved by the commissioner, conditioned upon the prompt payment …

Any mineral exploration permit issued hereunder may be assigned in whole or in part by the permittee, but such assignment shall not become effective unless and until a copy thereof is filed with the department and is approved by the commissioner. The assignee shall succeed to all…

For purposes of this article, "common variety minerals": 1. Includes deposits of petrified wood, stone, pumice, pumicite or cinders, decomposed granite, sand, gravel, boulders, common clay, fill dirt and waste rock. 2. Includes deposits that, although they may have value for use …

The department shall maintain an inventory of lands suitable for lease or sale that are within the boundaries identified in section 37-312 and are located in a county of more than six hundred thousand persons according to the most recent United States decennial census. Persons ap…

A. The state land department may dispose of common variety minerals at auction and may execute common variety mineral leases offered at auction for the severance, extraction or disposal of common variety minerals. B. A lease shall be comprised of not more than one legal section o…

A. The commissioner may require the lessee to post a cash deposit, a certificate of deposit, a surety bond or any other form of financial assurance acceptable to the commissioner to guarantee the payment of all monies due under the lease as royalty to the state. B. The commission…

A. For the proper administration of state land, the state land commissioner may require a lessee to submit relevant geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry. B. To evaluate…

Leases issued and executed under this article are subject to the enforcement provisions prescribed by section 27-239.