5-7-52. Term of permit--Primary and secondary terms--Tertiary and quaternary terms--Royalties.
All leases issued under these provisions shall be for a primary term of three years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the lands, subject to the continued payment of annual rentals.
If the lessee fails to discover and produce minerals in paying quantities during the primary term of the lease, the lessee may continue the lease in full force and effect for an additional or secondary term of two years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance two times the rental provided in the primary term.
However, if the lessee fails to discover and produce minerals in paying quantities during the secondary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or tertiary term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance not less than three dollars per acre per year as rental.
If the lessee fails to discover and produce minerals in paying quantities during the tertiary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or quaternary term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance of the lease anniversary date not less than ten dollars per acre per year as rental, plus a sum as advance royalty computed as follows:
For the eleventh year, not less than ten dollars per acre per year;
For the twelfth year, not less than twenty dollars per acre per year;
For the thirteenth year, not less than thirty dollars per acre per year;
For the fourteenth year, not less than forty dollars per acre per year; and
For the fifteenth year, not less than fifty dollars per acre per year.
However, upon the commencing of the production of minerals in paying quantities, the principal sum so paid as advance royalty for the lease year in which the mineral is produced and the advance royalty paid for the two previous years shall be credited against the royalty payable to the lessor.
Source: SL 1993, ch 53, ยง8.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 07 - Minerals On School And Public Lands
Section 5-7-2 - Advertising and auction of mineral leases--Exemptions.
Section 5-7-3 - Lands subject to lease.
Section 5-7-4 - Right of entry to prospect for and remove minerals.
Section 5-7-8 - Priority to receive permit determined by application date.
Section 5-7-16 - Right of lease holder to enter sold or leased lands.
Section 5-7-17.1 - Disposition of payments for damages.
Section 5-7-18 - Oil and gas leases--Casing-head gas included.
Section 5-7-19 - Oil, gas, and geothermal exploration, development and production leases authorized.
Section 5-7-21 - Advertising of oil and gas or geothermal leases--Conduct of auction.
Section 5-7-22 - Withholding of tracts from oil, gas, other mineral or geothermal resources leasing.
Section 5-7-23.1 - Term of geothermal leases.
Section 5-7-24 - Royalty provisions in oil and gas leases--Annual rental.
Section 5-7-24.1 - Royalty provisions in geothermal leases--Renegotiation--Annual rental.
Section 5-7-25.1 - Geothermal resources--Additional provisions applicable to.
Section 5-7-26 - Leases assignable--Minimum tract assignable.
Section 5-7-28 - Grounds for refusal to approve assignment of lease.
Section 5-7-29 - Effect of approved assignment of lease.
Section 5-7-31 - Correction of mistaken land descriptions in leases.
Section 5-7-32 - Pooling agreements on behalf of state authorized.
Section 5-7-33 - Deposit of collections from leases in treasury.
Section 5-7-34 - Apportionment of receipts from leasing of school, indemnity and endowment lands.
Section 5-7-36 - Records of mineral interests and leases maintained by commissioner.
Section 5-7-37 - Rules and regulations governing leasing--Promulgation.
Section 5-7-38 - Water law provisions applicable to certain geothermal leases.
Section 5-7-39 - Validation of oil and gas leases prior to July 1, 1981.
Section 5-7-40 - Limitation of actions to contest validity of oil and gas leases.
Section 5-7-44 - Leases offered only during term of royalty increment status.
Section 5-7-45 - Commissioner authorized to issue leases for prospecting, exploration and mining.
Section 5-7-46 - Penalties for fraud.
Section 5-7-47 - Inspection of records.
Section 5-7-48 - Preferential right of lessee to renew or purchase leased lands.
Section 5-7-50 - Validity of leases prior to 1993 amendments to this chapter.
Section 5-7-51 - Relinquishment of prospecting permit.
Section 5-7-53 - Conditions warranting suspension of license--Effective date--Term of suspension.
Section 5-7-54 - Annual rental--Minimum.
Section 5-7-55 - Payment of royalty--Amount.
Section 5-7-56 - Marketing minerals.
Section 5-7-57 - Bond required--Amount.
Section 5-7-58 - Records furnished within reasonable bounds--Confidentiality of records.
Section 5-7-59 - Relinquishing lease to state.
Section 5-7-60 - Cancellation of lease by commissioner--Notice required.
Section 5-7-61 - Assignment of lease.
Section 5-7-62 - Removal of improvements and equipment upon termination--Time limit.