Mich. Admin. Code R. 299.4021 - Definitions
Rule 1.
As used in these rules:
(a) "Auction lease" means a lease issued as
the result of competitive bidding at public auction that grants the lessee the
exclusive right to pursue exploration, mining, or production of the leased
nonmetallic mineral rights.
(b)
"Bonus" means a payment by the proposed lessee to the department at the time of
leasing as part of the consideration for acquisition of a nonmetallic minerals
lease.
(c) "Department" means the
Michigan department of natural resources.
(d) "Development lease" means an auction
lease or a direct lease that allows nonmetallic minerals exploration, mining,
or production on the surface of the leased land in compliance with the
departments standard nonmetallic minerals lease terms.
(e) "Direct lease" means a lease issued as
the result of individual negotiations with the department that grants the
lessee the exclusive right to pursue exploration, mining, or production of the
leased nonmetallic mineral rights.
(f) "Director" means the director of the
Michigan department of natural resources or the directors designee.
(g) "Hold action list" means a list generated
by the department containing persons and entities not in compliance with lease
terms or lease rules.
(h) "Land"
means any property in which the state owns any nonmetallic mineral
rights.
(i) "Development with
restrictions lease" means an auction lease or a direct lease that allows
nonmetallic minerals exploration, mining, or production on the surface of the
leased land in compliance with the departments standard nonmetallic minerals
lease terms and subject to special lease restrictions.
(j) "Lessee" means the person or entity that
is responsible for all covenants, express or implied, in the lease regardless
of any partial interest assignments.
(k) "Nondevelopment lease" means an auction
lease or a direct lease that does not allow nonmetallic minerals exploration,
mining, or production on the surface of the leased land without separate
authorization from the department.
(l) "Nonleasable lands" means lands that will
not be leased for nonmetallic minerals exploration, mining, or
production.
(m) "Nonmetallic
minerals" or "nonmetallic mineral products" include any of the following:
(i) Andalusite.
(ii) Anhydrite.
(iii) Asbestos.
(iv) Barite.
(v) Celestite.
(vi) Clay.
(vii) Coal.
(viii) Feldspar.
(ix) Garnet.
(x) Gem stones, excluding diamonds.
(xi) Graphite.
(xii) Gypsum.
(xiii) Kyanite.
(xiv) Limestone or dolomite.
(xv) Marl.
(xvi) Mica.
(xvii) Natural salines, including iodine,
bromine, calcium, and magnesium compounds.
(xviii) Potash salts.
(xix) Salt.
(xx) Sand and gravel, both construction and
industrial.
(xxi)
Sandstone.
(xxii) Shale.
(xxiii) Sillimanite.
(xxiv) Slate.
(xxv) Miscellaneous stone, both crushed and
dimension.
(xxvi)
Sulphur.
(xxvii) Talc.
(n) "Performance bond" means a
surety bond, irrevocable letter of credit, certificate of deposit, or cash to
guarantee that the lessee and the lessee's heirs, executors, administrators,
successors, and assigns shall faithfully perform the covenants, conditions, and
agreements specified in the lease and the laws and rules of this
state.
(o) "Qualified party" means
an individual of the age of majority or a copartnership, corporation, or other
legal entity qualified to do business in this state.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.