§ 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.