The dilemma of the mining royalty: contractual or realty interest

At common law, the legal nature of a mining royalty between private parties will decide the respective rights of payor and recipient. In some circumstances, it will also determine whether the interest of the recipient will prevail or may be lost and ignored. Industry practices, even those of long standing, that are contrary to the law will not change the law or its effect to meet such concerns. This paper looks at the development of the mining royalty between private parties in Canada and the effect of the realization by recipients that contractual royalties, as opposed to royalties that are interests in the lands or product to which they relate, can be lost in certain circumstances. Suggestions are made for some features that may assist in transforming an otherwise contractual royalty into a real property interest. Some of the concerns for both payor and recipient with respect to the implementation of such suggestions are also discussed.
The article has two appendices attached. Appendix A is an extract from an article by the author discussing the concept of payment of a royalty in kind which is relevant to such suggestions. Appendix B contains some of the more lengthy explanatory notes referred to in the text of the article.     

Government policy influences on rangeland conditions in the United States: A case example

Since the early 1970s the Bureau of Land Management (BLM) and the Forest Service have emphasized the monitoring approach in managing their rangelands. After a 5-year period of intensive monitoring, stocking rate and other management actions are typically adjusted, depending on whether a definite downward or upward trend in range condition is observed. Examining the Afton Allotment on BLM land in southcentral New Mexico, we demonstrate serious flaws in the monitoring approach and other BLM grazing policies. Monitoring reflects past management but does not consider the future. Perverse incentives for permittees to maximize permit value rather than sustain the forage base still remain in place. The Range Reform '94 proposals by the U.S. Department of the Interior do not address these incentives and other flaws in public land policy. We would reform federal grazing land policy by coupling grazing fees to grazing intensity. Ranchers choosing conservative sustainable grazing intensities would pay low fees, whereas those choosing heavy grazing intensities would be charged higher rates. We would also implement other reforms: making livestock grazing permits transferable to other uses, discontinuing subsidies, eliminating restrictions on nonuse, offering incentives for public land investment, and establishing a biodiversity fund.This paper was supported by the New Mexico Agricultural Experiment Station, Las Cruces and was part of project 1-5-27417.     

Roadmap for assessing regional trends in groundwater quality

Assessing regional trends in groundwater quality can be a difficult task. Data are often scattered in space and time, and the inertia of groundwater systems can create natural, seemingly persistent changes in concentration that are difficult to separate from anthropogenic trends. Here, we show how statistical methods and software for joint analysis of multiple time series can be integrated into a roadmap for trend analysis and critical examination of data quality. Ordinary and partial Mann–Kendall (MK) tests for monotonic trends and semiparametric smoothers for multiple time series constitute the cornerstones of our procedure. The MK tests include a simple and easily implemented method to correct for serial dependence, and the associated software is designed to enable convenient handling of numerous data series and to accommodate covariates and nondetects. The semiparametric smoothers are intended to facilitate detection of synchronous changes in a network of stations. A study of Swedish groundwater quality data revealed true upward trends in acid-neutralizing capacity and downward trends in sulfate but also a misleading shift in alkalinity level that would have been difficult to detect if the time series had been analyzed separately.     

Lessons learned for a more efficient knowledge and technology transfer to South American countries in the fields of solid waste and contaminated sites management.

The present paper describes the development, performance and conclusions derived from three know-how and technology transfer projects to South American countries. The first project comprised a collaborative study by European and South American universities to find sustainable solutions for Chilean and Ecuadorian leather tanneries which had underachieving process performances. The second project consisted of investigations carried out in a Brazilian municipality to enhance its municipal solid waste management system. The final collaborative programme dealt with the initial identification, evaluation and registration of suspected contaminated sites in an industrial region of Chile. The detailed objectives, methods and procedures applied as well as the results and conclusions obtained in each of the three mentioned projects are presented, giving special attention to the organizational aspects and to the practical approach of each programme, concluding with their main advantages and disadvantages for identifying a set of qualitative and quantitative suggestions, and to establish transferable methods for future applications.     

Site Access and Sample Frame Issues for R-EMAP Central Valley, California, Stream Assessment

The Central Valley of California contains critical habitat for many aquatic and terrestrial biological resources. The purpose of this R-EMAP project was to assess the effects from a highly modified agriculturally dominated landuse area on the aquatic resources of the lower portion of the Central Valley watersheds. The study area is 24,346 mi2 and comprises the Sacramento Valley and San Joaquin Valley watersheds to the 1,000 ft. elevation contour. Populations of interest are man-made conveyances and wadeable natural streams. There are 40,756 miles of streams and constructed conveyances within the Central Valley as designated by RF3 database. Sample sites were selected to represent 14,399 miles of streams and sloughs, and 16,697 miles of constructed conveyances.     

Waste Management in the European Union: National Self-Sufficiency and Harmonization at the Expense of Economic Efficiency?

/ Since 1975, the European Union (EU) has developed an impressive body of waste management legislation, although, according to the principle of subsidiarity, responsibilities belong to the most local level at which the tasks can be carried out effectively. Using economic theory, this paper examines several factors that influence the efficient distribution of regulatory authority among the EU and the member states. We specifically analyze the role of harmonization that, in our opinion, will often lead to an overcentralization. Within this context, a second issue is becoming more important, as ongoing discussions show. If no consensus can be reached about harmonization, should member states be allowed to stop cross-border shipments of waste, or should the EU strive for a common market for waste? We take the position that most objections against waste shipments are not convincing, especially if the member states implement minimum standards for landfills and waste processing facilities and common information and control systems. Competition between different national regulations within adequate constraints that, e.g., control transboundary externalities leads to more efficient waste management structures in Europe than national self-sufficiency or centralized decision-making at the EU level. KEY WORDS: Waste management; European Union; Subsidiarity; Institutional competition; Harmonization; Cross-border shipments of waste     

Teil II: Stoffstromnetze für Fruchtfolgen

The general results of material flow analyses for agricultural farms presented in Part I are now specified for three farms in Lower Saxony. For this, the existing material flow net for winter wheat is extended by the crops of winter barley, winter rye, summer barley, rape, sugar beets and potatoes. The assessment is essentially done regarding the impact categories of resource depletion, cumulated energy demand (CED) and emissions to atmosphere. Besides the assessment of single farms or crops, also the comparison, of different agricultural production systems is possible, whereby the choice of the functional unit and the basis of comparison (with reference to input or output) is of major importance. Additionally, as for agricultural means of production, the material flows and emissions resulting from the provision of carbolime — an often employed carbonate fertiliser as for sugar-beet cultivation — are derived completely within this article. Furthermore, sensitivity analyses on the subject of detail intensity of agricultural basic data are presented for the example of machine employment. The material flow nets are regarded as transferable to other farms with similar crop rotation systems, with an appropriate expenditure of information gathering and parameterisation. The complete net can be used as a module within further investigations, e.g. of the industrial processing of food, as a pre-production chain for agricultural resources being part of the production process (winter wheat — mill, brewing barley — brewery, sugar beets — sugar-factory).