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NEW MEXICO STATUTES AND CODES

Section 19-8-22 - Royalty.

19-8-22. Royalty.

In addition to the annual rental,  lessee shall be required to pay to the commissioner a royalty of not less than two percent (2%) of the gross returns from the smelter, mill, reduction process or other sale, less reasonable transportation and smelting or reduction charges, if any,  of all ores or materials mined and extracted from the land. In addition, lessee shall pay to the commissioner as royalty not  less than two percent (2%) of any and all premiums and bonuses received in connection with the discovery, production or  marketing. Provided that on deposits of rare earths, precious stones or semi-precious stones, and on uranium, thorium, plutonium or any other materials which have been or may hereafter be determined by the atomic energy commission to be  peculiarly essential to the production of fissionable materials, lessee shall pay a royalty to be agreed upon by the lessee  and the commissioner, but not less than five percent (5%) of the gross returns from the smelter, mill, reduction process or other sale, less reasonable transportation and smelting or reduction charges, if any, of all ores or materials mined and extracted from the land. In addition, lessee shall pay to the commissioner as royalty not less than five percent (5%) of any and all premiums and bonuses received in connection with the discovery, production or marketing of such ores or materials.   

Accounting for all royalties shall be made on the twentieth (20th) day of the month following the month of sale  or receipt of premium or bonus.   

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