HRO has worldwide experience in mining and mining finance matters. HRO’s mining group brings together the knowledge currently available in several separate areas of the firm that can be applied to specific client projects. Members of the group have experience in General Mining Law of 1872 issues; regulation of mining exploration and development, working with local, state and federal government officials and agencies; finance; hedging transactions; reclamation environmental matters; and employment issues.

HRO counsels clients in all phases of mining operations from exploration agreements through feasibility studies, mine construction and refining and service agreements. HRO represents large and small mining companies, including Newmont Mining Corporation, Oxbow Mining, LLC and Electrum Ltd., among many others, and has worldwide experience with a wide range of commercial minerals, including coal, gold, uranium and other industrial minerals, base metals and precious metals. Examples of types of advice HRO's mining group can provide include:

• Land acquisition and assemblage
   
• Due diligence investigations and analysis
   
• Mineral title work
   
• Mining leases
   
• Federal lands access issues, rights-of-way and exchanges
   
• Federal coal leasing, potash leasing, and other non-oil and gas federal mineral leasing
   
• Joint venture and LLC negotiations, including RMMLF Forms 5, 5A and 5A LLC
   
• Project financing, metal loans and hedging transactions
   
• Facility siting and infrastructure assessment
   
• Variances, permits and licenses
   
• Millsite issues
   
• Water rights development and regulation
   
• Environmental assessment and permitting
   
• Construction agreement negotiations and preparation
   
• Negotiation of contracts relating to feasibility studies
   
• Mining claim disputes
   
• Review and drafting of mining legislation and regulations in the U.S. and foreign countries
   
• Boundary and extralateral rights agreements
   
• Milling, tolling and refining agreements
   
• Royalty agreements and disputes
   
• Alaska public land issues, including Native Regional Corporation expertise
   
• Mining service agreements

Representative Mining Transactions:

Examples of mining transactions in which members of the mining group have recently been involved include:

Legislation review, Congressional testimony and advice regarding proposed amendments to U.S. mining laws

Due diligence investigation and contract negotiation for acquisition of potash mining operations in New Mexico and Utah, and related financing

Financing negotiations for the purchase and construction of a coal longwall system

Representation of Alaska Native Regional Corporation in growth of exploration and development rights to mining companies.

Served as an arbitrator in coal contract supply agreement disputes.

Appeals to the Interior Board of Land Appeals (IBLA) in support of modification of expansion of gold mine operating plans in Nevada

Appeals to the IBLA and Federal court regarding conflicts between underground mining and oil and gas development in New Mexico

Advised mining company clients regarding maintenance of federal mining claims.

Due diligence investigation and contract negotiation regarding the acquisition of the largest United States platinum mining operation

Representation of a major North American gold company in the acquisition of large exploration and development interests in Nevada and the negotiation of joint venture agreements for their development

Representation of a U.S.-based gold company in the negotiation of a major Uzbekistan mining tender involving an existing gold facility

Negotiation of a form of large-scale mining agreement between Republic of the Philippines and foreign mining companies

Advising a U.S.-based gold company regarding the acquisition of a major gold concession in the Union of Myanmar (Burma) and negotiation of a joint development agreement for the concession

Negotiation and creation of a joint venture to govern the development of a gold concession in Brazil, negotiation of the acquisition of concession rights on the same project and assistance in the sale of this project

Negotiation of a gold mining concession and mineral venture agreement in Suriname with a Canadian company, including review of local law and environmental issues

Negotiation of a gold joint venture in Suriname

Negotiation of Armenian mining joint venture

Representation of Australian public company and privately held U.S. companies in uranium acquisitions and joint ventures

Representation of Japanese mining and metal trading company in base metals due diligence, joint ventures and supply contracts

Due diligence review for Chinese steel company’s investment in U.S. iron mine

Advising an existing client regarding the establishment of a mining equipment franchise in Mongolia

Preparation of precious metals exploration agreements in Argentina, Ecuador, Peru, Chile, the Philippines and Indonesia including review of local law, tax, repatriation and environmental issues

General representation of a coal company with operating underground mines in Colorado, including acquisition of interests in a mine from a partner, transfer and modification of federal coal leases, modification of reclamation permits, other matters relating to federal coal leasing and reclamation, labor issues, and financing of long wall mining system

Performance of an exhaustive acquisition and environmental due diligence review for a subsidiary of a Western utility in connection with possible acquisition of operating coal mines in Utah and Appalachia

Representation of a major timber company and other major landowners in the negotiation of coal mining leases on properties in Alabama, Colorado and Washington

Representation of a major Midwestern utility on federal, state and fee coal lease royalty issues and state severance and ad valorem tax issues arising from restructuring of long-term coal sales contracts from mines in Wyoming and Montana

Representation of a major Colorado industrial company in the sale of an operating coal mine in Colorado and the negotiation of a long-term coal supply agreement to satisfy the coal requirements of the seller's industrial operations in Colorado

Representation of the owners of a corporation with proprietary coal processing technology that could qualify for the Section 29 tax credit in the sale of the company to an international mining company and structuring of various royalty, tax credit and intellectual property arrangements

Representation of an international mining company in conducting environmental compliance audits on three surface coal mines on tribal lands in New Mexico and handling follow-up SMCRA and federal Clean Water Act permitting and enforcement matters for the company