Declaring Prospecting And Other Mining Operations Of Public Use And Benefit And Establishing The Basis And Prescribing The Rules And Procedures Relative To Acquisition And Use Of Surface Ri

Case Overview and Summary

Declaring Prospecting and Mining Operations of Public Use and Benefit

- Mineral prospecting, exploration, development and exploitation are declared of public use and benefit, allowing the power of eminent domain to be invoked for acquiring private lands. (Section 1)

- Prospectors or claimants shall not be prevented from entering private lands for prospecting or exploring, subject to the following conditions: (Section 2)
    - Prior notification to surface owners and occupants
    - Proper compensation for any damage done to the property
    - Posting a bond with the Bureau of Mines to guarantee compensation, with the amount determined by the Director of Mines based on property type and prevailing land prices
    - Appeals on the bond amount can be made to the Secretary of Natural Resources within 5 days

- Titled property owners where mineral development or exploitation occurs are entitled to: (Section 3)
    - At least one-third of the total royalty due to the claimowner from the operator, based on the prevailing standard royalty in the area, or 1% of the gross output value if no standard royalty
    - Alternatively, compensation for property damage, land value at market price or assessed value (whichever is higher), plus 5% of the royalty due to the claimowner
    - For incomplete land titles (homesteads, sales, leases, etc.), compensation is one-fifth of the total royalty due to the claimowner, or damages, land payment, and 3% of the royalty, or 0.6% of the gross output value
    - These royalty rates apply only to metallic ores (defined by the Director of Mines)

- Government reserved lands can be open to prospecting by applying to the supervising agency through the Director of Mines, subject to relevant laws and regulations. (Section 4)
    - Applications must be acted upon within 30 days
    - Compensation due to the surface owner shall accrue equally between the supervising agency and the Bureau of Mines as part of their Special Funds for conservation measures

- The Director of Mines, with the approval of the Secretary of Natural Resources, shall issue necessary rules and regulations to implement the provisions of this Decree. (Section 5)

- All conflicting provisions of existing decrees, laws, orders, rules and regulations are repealed or modified accordingly. (Section 6)

- This Decree takes effect immediately. (Section 7)