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36.25.601    DEFINITIONS

When used herein, unless a different meaning clearly appears from the context:

(1) "Assignee" means the person or persons to whom a lessee has transferred all or part of the unexpired term of his lease and who appears as such on record in the offices of the department;

(2) "Assignment" means any approved transfer of interest between a lessee and a second party whereby the second party is accorded the use of all or part of the lessee's leasehold interest;

(3) "Board" means the board of land commissioners of the state of Montana;

(4) "Department" means department of natural resources and conservation;

(5) "Director" means director of natural resources and conservation;

(6) "Gems" means sapphires, rubies, and other stones commonly known as "precious or semi-precious stones" but does not mean stones or other earth materials commonly used in building or construction work;

(7) "Lease" means unless the context indicates otherwise, a metalliferous mineral and gem lease issued pursuant to Title 77, chapter 3, part 1, MCA, and this sub-chapter;

(8) "Lessee" means the person or persons in whose name a metalliferous mineral and gem mining lease appears on record in the offices of the department, whether such person or persons be the original lessee or a subsequent assignee. The term "lessee" also includes, where the context of the rule may indicate, any person who is the apparent successful bidder for a metalliferous mineral and gem lease but with whom a formal metalliferous and gem lease agreement has not been completed and finalized;

(9) "Metalliferous minerals" means gold, silver, lead, zinc, copper, platinum, iron, and all other metallic minerals, except uranium or other fissionable materials;

(10) "Mining" means operations for the purpose of extracting from the earth ore and other material containing metalliferous minerals or gems, and commences at such time as commercial quantities of ore or other material are removed for sale, benefication, refining or other processing or disposition.

(11) "Person" means any individual, firm, association, corporation, governmental agency or other legal entity;

(12) "Qualified applicant" means any person, who may become a qualified lessee as set forth under ARM 36.25.604 hereof;

(13) "Standard lease form" means the lease form currently in use and approved by the board;

(14) "State" means the state of Montana;

(15) "State lands" means all lands the leasing of which for metalliferous minerals and gems are under the jurisdiction of the board.

History: 77-6-104, MCA; IMP, 77-3-101, MCA; NEW, 1981 MAR p. 1920, Eff. 1/1/82; TRANS, 1996 MAR p. 2384.

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