N.D. Cent. Code § 38-14.1-03 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-03
38-14.1-03. Powers and duties of the commission
Status: in_force

38-14.1-03. Powers and duties of the commission

The commission shall have and may exercise the following powers and duties:

1. To establish a program to protect society and the environment from the adverse effects

of surface coal mining operations.

2. To assure that surface coal mining operations are so conducted as to protect the

environment.

3. To assure that adequate procedures are undertaken to reclaim surface areas as

contemporaneously as possible with the surface coal mining operations.

4. To assure that surface coal mining operations are not conducted where reclamation as

required by this chapter is not feasible.

5. To assure that appropriate procedures are provided for public participation in the

development, revision, and enforcement of regulations, standards, reclamation plans,

or programs established by the commission under this chapter.

6. To encourage the voluntary cooperation of persons or affected groups to achieve the

purposes of this chapter.

7. To encourage and support training, research, experiments, and demonstrations, to

utilize the expertise of other state agencies, and to collect and disseminate information

relating to surface mining and reclamation of lands and waters affected by surface

mining.

8. To examine and act upon all plans and specifications submitted by the permit applicant

for the method of operation, backfilling, grading, and for the reclamation of the area of

land affected by the permit applicant's operation.

9. To attach conditions to all permits and permit revisions as necessary to carry out the

provisions of this chapter.

10. To issue permits for surface coal mining operations in accordance with the

requirements of this chapter and the Surface Mining Control and Reclamation Act of

1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.].

11. To promulgate such regulations as may be necessary to carry out the purposes and

provisions of this chapter and the Surface Mining Control and Reclamation Act of 1977

[Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.].

12. To adopt rules consistent with state law in consultation with the state geologist,

department of environmental quality, and department of water resources for the

protection of the quality and quantity of waters affected by surface coal mining

operations.

13. To promulgate regulations requiring the training, examination, and certification of

persons engaged in or directly responsible for blasting or use of explosives in surface

coal mining and reclamation operations.

14. To exercise general supervision and administration and enforcement of this chapter

and all regulations and orders promulgated thereunder and all incidental powers

necessary to carry out the purposes of this chapter, including the utilization of the

powers of other state agencies by delegation to those other state agencies, by

cooperative agreement or regulation, certain responsibilities to avoid duplication of

effort, to promote the efficient use of personnel, and to assure effective reclamation of

surface mined lands in the state of North Dakota.

15. To make investigations and inspections which may be deemed necessary to ensure

compliance with any provision of this chapter. The commission or its authorized

representatives, upon presentation of appropriate credentials, shall have the right of

entry without a warrant for the purposes of such investigations or inspections.

16. To issue such orders as may be necessary to effectuate the purposes of this chapter

and enforce the same by all appropriate administrative and judicial procedures.

17. To hold any hearings and informal conferences necessary for the proper administration

of this chapter.

18. To reclaim, in keeping with this chapter, any land with respect to which a performance

bond has been forfeited.

19. To exercise those additional powers and duties relative to the designation of lands

unsuitable for surface coal mining operations granted in section 38-14.1-04.

20. To take all action necessary and appropriate including the promulgation of regulations

for all provisions of this chapter to secure for this state the benefits of and to

implement the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87;

91 Stat. 445; 30 U.S.C. 1201 et seq.] and similar federal acts.

21. To advise, consult, and cooperate with other agencies of the state, other states and

interstate agencies, and with affected groups, political subdivisions, and industries in

furtherance of the purposes of this chapter.

22. To accept and administer loans and grants from the federal government and from

other sources, public or private, for carrying out any functions pursuant to this chapter,

which loans and grants may not be expended for other than the purposes for which

provided.

23. To provide by regulation standards and procedures for specific variances to any

permittee so long as the permittee affirmatively demonstrates that the requested

variance provides equal or greater protection to the environment and to public health

and safety and will achieve reclamation consistent with the purposes of this chapter.

24. To provide by regulation for the conservation and utilization of other minerals found

within the permit area during surface coal mining and reclamation operations in

consultation with the state geologist and to approve plans for the use of such other

minerals outside the permit area so long as the permittee affirmatively demonstrates

that such removal is lawful and will provide equal or greater protection to the

environment and to public health and safety and will achieve reclamation consistent

with the purposes of this chapter.

25. To exercise the full reach of the state constitutional powers wherever necessary to

ensure the protection of the public interest through effective control of surface coal

mining operations.

26. To establish a performance bonding system and an alternative to the performance

bonding system which achieve the objectives and purposes of this chapter.
N.D. Cent. Code § 38-14.1-39 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-39
38-14.1-39. Forfeitures - Surface mining and reclamation fund - Continuing appropriation
Status: in_force

38-14.1-39. Forfeitures - Surface mining and reclamation fund - Continuing

appropriation.

Performance bond forfeitures collected under this chapter must be deposited in the state

treasury and credited to a special account designated as the surface mining and reclamation

fund. All moneys deposited to the surface mining and reclamation fund are hereby appropriated

to the commission for the purpose of reclaiming land affected by surface coal mining operations.

The fund is not subject to section 54-44.1-11.
N.D. Cent. Code § 38-11-02.3 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-02.3
38-11-02.3. Authority of other agencies
Status: in_force

38-11-02.3. Authority of other agencies

Any agency has the following authority over lands under its immediate control:

1. To designate lands as open or closed to mineral leasing or mineral prospecting.

2. To finally approve or disapprove a mineral leasing or mineral prospecting offer.

3. To attach special conditions to mineral prospecting permits or mineral leases in

addition to those of the board of university and school lands.

4. To conduct its own mineral prospecting and mineral leasing negotiations or sales in

accordance with the standards, policies, terms, conditions, rules, and regulations of

the board of university and school lands.
N.D. Cent. Code § 38-14.1-02 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-02
38-14.1-02. Definitions
Status: in_force

38-14.1-02. Definitions

Wherever used or referred to in this chapter, unless a different meaning clearly appears

from the context:

1. "Alluvial valley floors" means the unconsolidated stream-laid deposits holding streams

where water availability is sufficient for subirrigation or flood irrigation agricultural

activities but does not include upland areas which are generally overlain by a thin

veneer of colluvial deposits composed chiefly of sediment from sheet erosion, deposits

by unconcentrated runoff or slope wash, together with talus, other mass movement

accumulation, and windblown deposits.

2. "Approximate original contour" means that surface configuration achieved by

backfilling and grading an area affected by surface coal mining operations so that the

reclaimed area closely resembles the general surface configuration of the land prior to

being affected by surface coal mining operations and blends into and complements the

surrounding undisturbed land.

3. "Coal" means a dark-colored compact and earthy organic rock with less than forty

percent inorganic components, based on dry material, formed by the accumulation and

decomposition of plant material. The term includes consolidated lignitic coal, in both

oxidized and nonoxidized forms, having less than eight thousand three hundred British

thermal units per pound [453.59 grams], moist and mineral matter free, whether or not

the material is enriched in radioactive materials. The term does not include commercial

leonardite.

4. "Commercial leonardite" means a dark-colored, soft, earthy organic rock formed from

the oxidation of lignite coal, and is produced from a mine that has as its only function

for supply for purposes other than gasification or combustion to generate electricity.

5. "Commission" means the public service commission, or such other department,

bureau, or commission as may lawfully succeed to the powers and duties of that

commission. The commission is the state regulatory authority for all purposes relating

to the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat.

445; 30 U.S.C. 1201 et seq.].

6. "Extended mining plan" means a written statement setting forth the matters specified

in section 38-14.1-15 and covering the estimated life of the surface coal mining

operation.

7. "Final cut" means the last pit created in a surface mining pit sequence.

8. "Highwall" and "endwall" mean those sides of the pit adjacent to unmined land.

9. "Imminent danger to the health and safety of the public" means the existence of any

condition or practice, or any violation of a permit or other requirement of this chapter in

a surface coal mining and reclamation operation, which condition, practice, or violation

could reasonably be expected to cause substantial physical harm to persons outside

the permit area before such condition, practice, or violation can be abated. A

reasonable expectation of death or serious injury before abatement exists if a rational

person, subjected to the same conditions or practices giving rise to the peril, would not

expose the person's self to the danger during the time necessary for abatement.

10. "Operator" means any individual, person, partnership, firm, association, society, joint

stock company, company, cooperative, corporation, limited liability company, or other

business organization, or any department, agency, or instrumentality of the state, local,

or federal government, or any governmental subdivision thereof including any publicly

owned utility or publicly owned corporation of the state, local, or federal government,

engaged in or controlling a surface coal mining operation. Operator does not include

those who remove or intend to remove two hundred fifty tons [226.80 metric tons] or

less of coal or commercial leonardite from the earth by coal or commercial leonardite

mining within twelve consecutive calendar months in any one location or who remove

any coal or commercial leonardite pursuant to reclamation operations under chapter

38-14.2.

11. "Other minerals" means clay, stone, sand, gravel, metalliferous and nonmetalliferous

ores, and any other solid material or substances of commercial value occurring within

five hundred feet [152.4 meters] or less of the land surface and which are excavated in

solid form from natural deposits on or in the earth, exclusive of coal or commercial

leonardite and those minerals which occur naturally in liquid or gaseous form.

12. "Other suitable strata" means those portions of the overburden determined by the

commission to be suitable for meeting the requirements of subsections 2 and 17 of

section 38-14.1-24 and based on data submitted by the permit applicant.

13. "Overburden" means all of the earth and other materials, with the exception of suitable

plant growth material, which lie above natural deposits of coal or commercial

leonardite and also means such earth and other materials, with the exception of

suitable plant growth material, disturbed from their natural state by surface coal or

commercial leonardite mining operations.

14. "Performance bond" means a surety bond, collateral bond, self-bond, deposit, a bond

issued under the state surface mining and reclamation bond fund, any alternative form

of security approved by the commission, or combination thereof, by which a permittee

assures faithful performance of all requirements of this chapter.

15. "Permit" means a permit to conduct surface coal mining and reclamation operations

issued by the commission.

16. "Permit applicant" means a person or operator applying for a permit.

17. "Permit area" means the area of land approved by the commission for surface coal

mining operations which shall be readily identifiable by appropriate markers on the

site.

18. "Permit renewal" means the extension of the permit term for areas within the

boundaries of the initial or existing permit, upon the expiration of the initial or existing

permit term.

19. "Permit revision" means the modification of permit provisions during the term of the

permit and includes changes in the mining and reclamation plans, incidental boundary

extensions, and the transfer, assignment, or sale of rights granted under the permit.

20. "Permit term" means a period of time beginning with the date upon which a permit is

given for surface coal mining and reclamation operations under the provisions of this

chapter, and ending with the expiration of the next succeeding five years plus any

renewal of the permit granted under this chapter.

21. "Permittee" means a person or operator holding a permit.

22. "Person" means an individual, partnership, firm, association, society, joint stock

company, company, cooperative, corporation, limited liability company, or other

business organization.

23. "Pit" means a tract of land, from which overburden, coal, or commercial leonardite, or

any combination of overburden, coal, or commercial leonardite has been or is being

removed for the purpose of surface coal mining operations.

24. "Prime farmland" means lands as prescribed by commission regulation that have the

soil characteristics and moisture supply needed to produce sustained high yields of

adapted crops economically when treated and managed, including management of

water, according to modern farming methods. Furthermore, such lands historically

have been used for intensive agricultural purposes and are large enough in size to

constitute a viable economic unit.

25. "Prime soils" means those soils that have the required soil characteristics (including

slope and moisture supply) needed to produce sustained high yields of adapted crops,

as determined by the state conservationist of the United States department of

agriculture soil conservation service.

26. "Reclaimed" or "reclaim" means conditioning areas affected by surface coal mining

operations to make them capable of supporting the uses which they were capable of

supporting prior to any mining, or higher or better uses, pursuant to subsection 2 of

section 38-14.1-24.

27. "Reclamation plan" means a plan submitted by an applicant for a permit which sets

forth a plan for reclamation of the proposed surface coal mining operations pursuant to

subsection 2 of section 38-14.1-14.

28. "Refuse" means all waste material directly connected with the production of coal or

commercial leonardite mined by surface coal mining operations.

29. "Soil amendments" means those materials added by the operator to the replaced

overburden or suitable plant growth material, or both, to improve the physical or

chemical condition of the soil in its relation to plant growth capability.

30. "Soil classifier" means a professional soil classifier as defined in subsection 4 of

section 43-36-01.

31. "Soil survey" means the identification and location of all suitable plant growth material

within the proposed permit area and an accompanying report that describes, classifies,

and interprets for use such materials.

32. "State program" means the program established by the state of North Dakota in

accordance with the requirements of section 503 of the federal Surface Mining Control

and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 470; 30 U.S.C. 1253] to regulate

surface coal mining and reclamation operations on lands within the state of North

Dakota.

33. "Suitable plant growth material" means that soil material (normally the A, B, and

portions of the C horizons) located within the proposed permit area which, based upon

a soil survey, is found by the commission to be the most acceptable as a medium for

plant growth when respread on the surface of regraded areas.

34. "Surface coal mining and reclamation operations" means surface coal mining

operations and all activities necessary and incidental to the reclamation of such

operations after July 1, 1979.

35. "Surface coal mining operations" means:

a. Activities affecting the surface of lands in connection with a surface coal or

commercial leonardite mine. Such activities include extraction of coal or

commercial leonardite from coal or commercial leonardite refuse piles, excavation

for the purpose of obtaining coal or commercial leonardite, including such

common methods as contour, strip, auger, box cut, open pit, and area mining, the

uses of explosives and blasting, and in situ distillation or retorting, leaching or

other chemical or physical processing, and the cleaning, concentrating, or other

processing or preparation, and loading of coal or commercial leonardite at or near

the minesite, except that such activities do not include coal or commercial

leonardite exploration subject to chapter 38-12.1, or the extraction of coal or

commercial leonardite incidental to reclamation operations under chapter

38-14.2; and

b. The areas upon which such activities occur or where such activities disturb the

natural land surface. Such areas shall also include any adjacent land the use of

which is incidental to any such activities, all adjacent lands affected by the

construction of new roads or the improvement or use of existing roads to gain

access to the site of such activities and for haulage, and excavations, workings,

impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil

banks, culm banks, tailings, holes or depressions, repair areas, storage areas,

processing areas, shipping areas, and other areas upon which are sited

structures, facilities, or other property or materials on the surface, resulting from

or incident to such activities.

36. "Unwarranted failure to comply" means the failure of a permittee to prevent the

occurrence of any violation of the permittee's permit or any requirement of this chapter

due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate

any violation of such permit or this chapter due to indifference, lack of diligence, or lack

of reasonable care.
N.D. Cent. Code § 38-08.1-05 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-05
38-08.1-05. Duty to file record showing where work performed
Status: in_force

38-08.1-05. Duty to file record showing where work performed

Within thirty days following any calendar month in which geophysical exploration is begun

by any person within this state, such person shall file with the commission and shall send to the

owner or occupier of any land upon which work is begun, a record showing the township, range,

section, and quarter section in the county in which such work was performed and the date upon

which such work was commenced. The notice also must include the actual shot point location

and the amount of explosive charge, if any, in each drill hole.
N.D. Cent. Code § 38-08-15 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-15
38-08-15. Acquisition and handling illegal oil and gas prohibited - Seizure of illegal oil and gas and sale thereof
Status: in_force

38-08-15. Acquisition and handling illegal oil and gas prohibited - Seizure of illegal oil

and gas and sale thereof.

1. The sale, purchase, acquisition, transportation, refining, processing, or handling of

illegal oil, illegal gas, or illegal product is hereby prohibited. However, no penalty by

way of fine may be imposed upon a person who sells, purchases, acquires, transports,

refines, processes, or handles illegal oil, illegal gas, or illegal product unless:

a. Such person knows, or is put on notice, of facts indicating that illegal oil, illegal

gas, or illegal product is involved; or

b. Such person fails to obtain a certificate of clearance with respect to such oil, gas,

or product where prescribed by order of the commission, or fails to follow any

other method prescribed by an order of the commission for the identification of

such oil, gas, or product.

2. Illegal oil, illegal gas, and illegal product are declared to be contraband and are subject

to seizure and sale as herein provided; seizure and sale to be in addition to any and all

other remedies and penalties provided in this chapter for violations relating to illegal

oil, illegal gas, or illegal product. Whenever the commission believes that any oil, gas,

or product is illegal, the commission acting by the attorney general, shall bring a civil

action in rem in the district court of the county where such oil, gas, or product is found,

to seize and sell the same, or the commission may include such an action in rem for

the seizure and sale of illegal oil, illegal gas, or illegal product in any suit brought for an

injunction or penalty involving illegal oil, illegal gas, or illegal product. Any person

claiming an interest in oil, gas, or product affected by any such action in rem has the

right to intervene as an interested party in such action.

3. Actions for the seizure and sale of illegal oil, illegal gas, or illegal product must be

strictly in rem and must proceed in the name of the state as plaintiff against the illegal

oil, illegal gas, or illegal products as defendant. No bond or similar undertaking may be

required of the plaintiff. Upon the filing of the petition for seizure and sale, the attorney

general shall issue a summons, with a copy of the complaint attached thereto, which

must be served in the manner provided for service in civil actions, upon any and all

persons having or claiming any interest in the illegal oil, illegal gas, or illegal product

described in the petition. Service must be completed by the filing of an affidavit by the

person making the service, stating the time and manner of making such service. Any

person who fails to appear and answer within the period of thirty days is forever barred

by the judgment based on such service. The posting of copies of the summons and

petition as above provided operates to place the state in constructive possession of

the oil, gas, or product described in the petition. In addition, if the court, on a properly

verified petition, or affidavits, or oral testimony, finds that grounds for seizure and for

sale exist, the court shall issue an immediate order of seizure, describing the oil, gas,

or product to be seized and directing the sheriff of the county to take such oil, gas, or

product into the sheriff's custody, actual or constructive, and to hold the same subject

to the further order of the court. The court, in such order of seizure, may direct the

sheriff to deliver the oil, gas, or product seized by the sheriff under the order to an

agent appointed by the court, as the agent of the court; such agent to give bond in an

amount and with such surety as the court may direct, conditioned upon the agent's

compliance with the orders of the court concerning the custody and disposition of such

oil, gas, or product.

4. Any person having an interest in oil, gas, or product described in an order of seizure

and contesting the right of the state to the seizure and sale thereof may, prior to the

sale thereof as herein provided, obtain the release thereof, upon furnishing bond to the

sheriff approved by the court, in an amount equal to one hundred fifty percent of the

market value of the oil, gas, or product to be released, and conditioned as the court

may direct upon redelivery to the sheriff of such product released or upon payment to

the sheriff of the market value thereof as the court may direct, if and when ordered by

the court, and upon full compliance with the further orders of the court.

5. If the court, after a hearing upon a petition for the seizure and sale of oil, gas, or

product, finds that such oil, gas, or product is contraband, the court shall order the sale

thereof by the sheriff in the same manner and upon the same notice of sale as

provided by law for the sale of personal property on execution of judgment entered in a

civil action, except that the court may order that the illegal oil, illegal gas, or illegal

product be sold in specified lots or portions and at specified intervals. Upon such sale,

title to the oil, gas, or product sold vests in the purchaser free of the claims of any and

all persons having any title thereto or interest therein at or prior to the seizure thereof,

and the same is legal oil, legal gas, or legal product, as the case may be, in the hands

of the purchaser.

6. All proceeds derived from the sale of illegal oil, illegal gas, or illegal product, as above

provided, after payment of costs of suit and expenses incident to the sale must be paid

to the state treasurer and credited to the general fund.
N.D. Cent. Code § 38-14.2-08 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-08
38-14.2-08. Right to conduct studies
Status: in_force

38-14.2-08. Right to conduct studies

The commission has the right to enter upon any property for the purpose of conducting

studies or exploratory work to determine the existence of adverse effects of past coal mining

and noncoal mining practices and to determine the feasibility of restoration, reclamation,

abatement, control, or prevention of such adverse effects. Such entry must be construed as an

exercise of the police power for the protection of public health, safety, and general welfare and

may not be construed as an act of condemnation of property nor trespass thereon.
N.D. Cent. Code § 38-18.1-02 — ND Code / Title 38 / Chapter 38-18.1 / Section 38-18.1-02
38-18.1-02. Statement of claims - Recording - Reversion
Status: in_force

38-18.1-02. Statement of claims - Recording - Reversion

Any mineral interest is, if unused for a period of twenty years immediately preceding the first

publication of the notice required by section 38-18.1-06, deemed to be abandoned, unless a

statement of claim is recorded in accordance with section 38-18.1-04. Title to the abandoned

mineral interest vests in the owner or owners of the surface estate in the land in or under which

the mineral interest is located on the date of abandonment. The owner of the surface estate in

the land in or under which the mineral interest is located on the date of abandonment may

record a statement of succession in interest indicating that the owner has succeeded to

ownership of the minerals under this chapter.
N.D. Cent. Code § 38-09-01.1 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-01.1
38-09-01.1. State lands may be conveyed to United States free of reservations
Status: in_force

38-09-01.1. State lands may be conveyed to United States free of reservations

Whenever the United States of America or any of its agencies or agents shall desire or be

required to acquire or approve title to lands owned by the state of North Dakota, or any of its

agencies, the officers, boards, or commissions having power to convey such lands have power

to convey the same free from any reservation of oil, gas, and minerals and rights thereto, and

free of reservations of archaeological materials.
N.D. Cent. Code § 38-19-05 — ND Code / Title 38 / Chapter 38-19 / Section 38-19-05
38-19-05. Commission may employ examiners
Status: in_force

38-19-05. Commission may employ examiners

The commission may use hearing examiners under such rules as the commission may

adopt.
N.D. Cent. Code § 38-24-03 — ND Code / Title 38 / Chapter 38-24 / Section 38-24-03
38-24-03. Permit required
Status: in_force

38-24-03. Permit required

A person may not commence operations for the testing, exploration, excavating, drilling,

boring, or construction of an underground storage and retrieval facility or the conversion of an

existing facility for use in an activity regulated by this chapter, without obtaining a permit from

the commission. A permit may be issued only after notice and hearing, and payment of a fee in

an amount to be prescribed by the commission. A permit application must include:

1. A description of the activity to be permitted.

2. A detailed description of the nature of the nonhydrocarbons to be stored and retrieved.

3. A detailed description of the mechanical construction and operating procedures of the

facility.

4. A justification for the need for the facility.

5. A detailed description of the subsurface geology and hydrology of the area to be

affected by the construction and operation of the facility.

6. A detailed description of the monitoring system assuring the integrity of the facility and

compliance with this chapter.

7. A detailed description of the reclamation and the restoration of the surface as nearly as

possible to its original condition and productivity upon expiration of the permit or

termination of any activity regulated by this chapter.

8. Any other information required by the commission.
N.D. Cent. Code § 38-14.2-02 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-02
38-14.2-02. Definitions
Status: in_force

38-14.2-02. Definitions

For the purpose of this chapter:

1. "Abandoned mine reclamation plan" means a plan for the reclamation of lands and

water adversely affected by past coal mining and noncoal mining practices. The plan

must generally identify all areas to be reclaimed in the state of North Dakota, the

purposes for which the reclamation is proposed, the relationship of the lands to be

reclaimed and the proposed reclamation to surrounding areas, the specific criteria for

ranking and identifying projects to be funded, and the legal authority and programmatic

capability to perform such work as required by the Surface Mining Control and

Reclamation Act of 1977 [Pub. L. 95-87; 30 U.S.C. 1235].

2. "Abandoned mine reclamation program" means a program established in accordance

with this chapter for the reclamation of lands and water adversely affected by past coal

mining and noncoal mining practices and includes the abandoned mine reclamation

plan, annual projects under the plan, and all other activities necessary in development

of the program.

3. "Commission" means the public service commission, or such department, bureau, or

commission as may lawfully succeed to the powers and duties of that commission. The

commission is the state regulatory authority for all purposes relating to title IV of the

Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 456;

30 U.S.C. 1231 et seq.].

4. "Extreme danger" means a condition which could reasonably be expected to cause

considerable physical harm to persons, property, or the environment and to which

persons or improvements on real property are currently exposed.

5. "Fund" means the state abandoned mine reclamation fund to be used in carrying out a

program of reclamation of abandoned mine lands pursuant to this chapter.

6. "Noncoal mining" means the mining of metalliferous and nonmetalliferous ores, clay,

stone, sand, gravel, scoria, uranium, and other solid materials or substances of

commercial value and which have been extracted in solid form from natural deposits

on or in the earth, exclusive of coal and those minerals which occur naturally in liquid

or gaseous form.

7. "Person" means an individual, partnership, firm, association, society, joint-stock

company, company, cooperative, corporation, limited liability company, or other

business organization.
N.D. Cent. Code § 38-02-13 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-13
38-02-13. Abandoned lode claims - Regulations governing relocation
Status: in_force

38-02-13. Abandoned lode claims - Regulations governing relocation

The relocation of an abandoned lode claim must be made by:

1. Sinking a new discovery shaft and fixing new boundaries in the same manner as if it

were the location of a new claim; or

2. Sinking the original shaft, cut, or adit to a sufficient depth to comply with sections

38-02-04 and 38-02-08, and the erection of new, or the adoption of the old,

boundaries, and the renewal of any posts which have been removed or destroyed.

In either case, a new location stake must be erected. In any case, whether the whole or part of

an abandoned claim is taken, the location certificate must state that the whole or any part of the

new location is located as abandoned property.
N.D. Cent. Code § 38-14.2-03 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-03
38-14.2-03. Powers and duties of the commission
Status: in_force

38-14.2-03. Powers and duties of the commission

The commission:

1. Shall develop an abandoned mine reclamation plan.

2. Shall submit such applications, abandoned mine reclamation plan, projects, and

reports necessary to accomplish the purposes of this chapter, and to accomplish the

purposes of title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.].

3. Shall include in each annual request for projects the following information:

a. A general description of each proposed project;

b. A priority evaluation of each proposed project;

c. A statement of the estimated benefits in such terms as number of acres

[hectares] restored, miles [kilometers] of stream improved, acres [hectares] of

surface lands protected from subsidence, population protected from subsidence,

air pollution, and hazards of mine and coal refuse disposal area fires;

d. An estimate of the cost for each proposed project;

e. In the case of proposed research and demonstration projects, a description of the

specific techniques to be evaluated or objective to be attained;

f. An identification of lands or interest therein to be acquired and the estimated cost;

g. In each year after the first in which a plan is filed under this chapter, an inventory

of each project funded under the previous year's grant, which inventory must

include details of financial expenditures on such project together with a brief

description of each project, including project locations, landowner's name,

acreage [hectarage], type of reclamation performed; and

h. Other information as prescribed by the commission.

4. Shall include the following costs in each proposed project:

a. Actual construction costs;

b. Actual operation and maintenance costs of permanent facilities;

c. Planning and engineering costs;

d. Construction inspection costs; and

e. Other necessary administrative expenses.

5. May request and accept grants of funds or services or transfer such funds or services

for the implementation of the purposes of this chapter and of title IV of Public Law

95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.].

6. May enter any property without a warrant for the purpose of conducting studies to

determine the existence of adverse effects of past coal mining and noncoal mining

practices.

7. May enter and lease or acquire land adversely affected by past coal mining or noncoal

mining practices for the purpose of reclaiming such lands pursuant to this chapter.

8. May engage in cooperative projects under this chapter with any federal or state

agency.

9. May engage in any work and do all things necessary or expedient, including the

promulgation of regulations for all provisions of this chapter, to implement and

administer the provisions of this chapter and of title IV of Public Law 95-87 [91 Stat.

456; 30 U.S.C. 1231 et seq.], and to develop and implement an abandoned mine

reclamation program.

10. May initiate, in addition to any other remedies provided for in this chapter, in any court

of competent jurisdiction, an action in equity for an injunction (either temporary or

permanent) to restrain any interference with the exercise of the right to enter or to

conduct any work provided for in this chapter.

11. May require, by contractual agreement with the appropriate persons, the extraction of

any remaining coal deposits in areas reclaimed under this chapter, in order to

maximize resource recovery. The commission may promulgate such regulations as

may be necessary to ensure that such extraction is performed by a qualified contractor

in compliance with the applicable performance standards of section 38-14.1-24 and, if

warranted, provide for compensation to the person entitled thereto.

12. May expend moneys from the fund for emergency restoration, reclamation, abatement,

control, or prevention of adverse effects of coal mining practices on eligible lands, if

the commission makes a finding of fact and the office of surface mining reclamation

and enforcement concurs that:

a. An emergency exists constituting a danger to the public health, safety, or general

welfare; and

b. No other person or agency will act expeditiously to restore, reclaim, abate,

control, or prevent the adverse effects of coal mining practices.

13. Its agents, employees, and contractors may enter upon any land where the emergency

exists and any other land to have access to the land where the emergency exists to

restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices

and to do all things necessary or expedient to protect the public health, safety, or

general welfare. Such entry is an exercise of police power and is not condemnation or

trespass of property. The moneys and the benefits accruing are charged against the

land and mitigate or offset any claim by any owner for any alleged damages. This

provision does not create new rights of action or eliminate existing immunities.

14. Every successful bidder for an abandoned mine lands contract must be eligible based

on available information concerning federal and state failure-to-abate cessation orders,

unabated federal and state imminent harm cessation orders, delinquent civil penalties

issued pursuant to section 518 of the Surface Mining Control and Reclamation Act of

1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.], bond forfeitures where

violations upon which the forfeitures were based have not been corrected, delinquent

abandoned mine reclamation fees, and unabated violations of federal and state laws

and rules and regulations pertaining to air or water environmental protection incurred

in connection with any surface coal mining operation.
N.D. Cent. Code § 38-12.1-03 — ND Code / Title 38 / Chapter 38-12.1 / Section 38-12.1-03
38-12.1-03. Definitions
Status: in_force

38-12.1-03. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Coal" means a dark-colored, compact, and earthy organic rock with less than forty

percent inorganic components, based on dry material, formed by the accumulation and

decomposition of plant material. The term includes lignite in both oxidized and

nonoxidized forms, whether or not the material is enriched in radioactive materials.

The term does not include commercial leonardite.

2. "Coal exploration" means:

a. The use of any technique which when applied to the surface of the land will aid in

the discovery or evaluation of coal or commercial leonardite or aid in determining

the quantity and quality of coal or commercial leonardite present. It includes

drilling or digging, excavating, core sample drilling and collection, diamond

drilling, trenching, or any other type of penetration of the surface of the earth; or

b. Environmental data gathering activities conducted for the purpose of establishing

the conditions of an area prior to applying for a permit under chapter 38-14.1. The

provisions of sections 38-12.1-04 and 38-12.1-05 are not applicable to such

environmental data gathering activities unless the natural land surface will be

substantially disturbed or such activities are located on lands designated

unsuitable for mining under section 38-14.1-05.

3. "Commercial leonardite" means a dark-colored, soft, earthy rock formed from the

oxidation of lignite coal, and is produced from a mine that has as its only function for

supply for purposes other than gasification or combustion to generate electricity.

4. "Commission" means the industrial commission of the state of North Dakota.

5. "Permit area" means a county.

6. "Person" means and includes any natural person, corporation, limited liability

company, association, partnership, receiver, trustee, executor, administrator, guardian,

fiduciary, or other representative of any kind, and includes any department, agency, or

instrumentality of the state or of any governmental subdivision thereof; the masculine

gender, in referring to a person, includes the feminine and the neuter genders.

7. "Road" means a surface or right of way for purposes of travel by land vehicles used in

coal or commercial leonardite exploration. A road consists of the entire area of the right

of way, including the roadbed, shoulders, parking and side areas, approaches,

structures, ditches, and surface.
N.D. Cent. Code § 38-14.2-11 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-11
38-14.2-11. Title to lands
Status: in_force

38-14.2-11. Title to lands

Title to all lands acquired pursuant to this chapter must be in the name of the state of North

Dakota. The price paid for land acquired under this chapter must reflect the market value of the

land as adversely affected by past coal mining or noncoal mining practices.
N.D. Cent. Code § 38-25-10 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-10
38-25-10. Injection of produced gas - When royalties owed
Status: in_force

38-25-10. Injection of produced gas - When royalties owed

1. Unless otherwise expressly agreed by the storage operator, mineral owners, and lease

owners, royalties on gas produced but not sold and which is injected into a storage

facility instead of flaring or for lack of market, are not due on the produced and stored

gas until gas volumes actually are withdrawn from the storage facility, sold, and

proceeds received from the sale.

2. Prior to gas being withdrawn and sold from a storage facility under this section, the

storage operator, after notice and hearing, shall obtain approval from the commission

evidencing a reasonable and equitable method of allocation of the stored gas sale

proceeds to the rightful mineral, royalty, and leasehold owners of the gas injected into

storage. The commission may adopt such rules and orders as necessary to implement

the purposes of this section.
N.D. Cent. Code § 38-11-06 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-06
38-11-06. Leasing of islands and beds of navigable rivers and lakes
Status: repealed

38-11-06. Leasing of islands and beds of navigable rivers and lakes

Repealed by S.L. 1977, ch. 322, § 9.
N.D. Cent. Code § 38-21-02 — ND Code / Title 38 / Chapter 38-21 / Section 38-21-02
38-21-02. Fund uses
Status: in_force

38-21-02. Fund uses

Money in the fund may be used to pay costs and expenses incurred by the industrial

commission to satisfy unfulfilled obligations imposed on persons regulated under chapters

38-08.1, 38-12, 38-12.1, and 38-19. To cure such obligations, the commission may enter

contracts consistent with the requirements of section 38-08-04.4.
N.D. Cent. Code § 38-23-09 — ND Code / Title 38 / Chapter 38-23 / Section 38-23-09
38-23-09. County zoning authority
Status: in_force

38-23-09. County zoning authority

A county zoning regulation may not prohibit a high-level radioactive waste disposal

exploratory drilling permit or a high-level radioactive waste facility permitted by the commission,

but may regulate the size, scope, and location.
N.D. Cent. Code § 38-22-11 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-11
38-22-11. Certificate
Status: in_force

38-22-11. Certificate

When the commission issues a permit it shall also issue a certificate stating that the permit

has been issued, describing the area covered, and containing other information the commission

deems appropriate. The commission shall file a copy of the certificate with the county recorder

in the county or counties where the storage facility is located.
N.D. Cent. Code § 38-10-14 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-14
38-10-14. Disposition of income and royalties
Status: in_force

38-10-14. Disposition of income and royalties

All bonuses, rental payments and royalties from such leases must be paid to the trustee

until the lessee is furnished with notice of the termination of the trust. Any bonuses or rental

payments must be distributed by the trustee to the life tenant or other persons entitled thereto.

The trustee is authorized to invest royalties from such leases in such investments as may

appear to be in the best interests of the life tenant and remaindermen. Income from investments

must be paid to the life tenant or other person entitled thereto.
N.D. Cent. Code § 38-09-13 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-13
38-09-13. Disposition of moneys collected by counties and political subdivisions on mining, oil, and gas leases
Status: in_force

38-09-13. Disposition of moneys collected by counties and political subdivisions on

mining, oil, and gas leases.

All moneys received by any county from mining, oil, or gas lease and from royalties on any

such lease must be paid to the county treasurer. Such amounts must be allocated to the state

and county, and to any city, township, school district, or other taxing subdivision which has

levied any tax thereon, in the proportions which the tax interests of the state, county, and other

taxing subdivisions respectively bear to the tax charges to which the moneys are applicable.

Moneys derived by the county from lands which are not subject to any tax charge must be paid

into the general fund of the county. Moneys received by any township, city, school district, or

park district under the provisions of this chapter other than for credit upon taxes must be placed

in the general fund of the taxing subdivision receiving the same.
N.D. Cent. Code § 38-02-16 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-16
38-02-16. Writs of injunction for restitution of property issued by district courts - Circumstances - Effect
Status: repealed

38-02-16. Writs of injunction for restitution of property issued by district courts -

Circumstances - Effect.

Repealed by S.L. 1961, ch. 249, § 1.
N.D. Cent. Code § 38-25-03 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-03
38-25-03. Permit required - Permit transfer
Status: in_force

38-25-03. Permit required - Permit transfer

Geologic storage is allowed if permitted by the commission. A permit may be transferred if

the commission consents.
N.D. Cent. Code § 38-08-09.16 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.16
38-08-09.16. Appeals
Status: in_force

38-08-09.16. Appeals

Any person adversely affected by an order of the commission made under sections

38-08-09.1 through 38-08-09.16 may appeal from such order to the district court of the county in

which the land or a part thereof involved in the unit lies, in the manner provided in section

38-08-14.
N.D. Cent. Code § 38-16-01 — ND Code / Title 38 / Chapter 38-16 / Section 38-16-01
38-16-01. Definitions
Status: in_force

38-16-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Affected land" means the area of land from which overburden is removed as the result

of a surface mining operation or upon which overburden or refuse is deposited as the

result of a surface mining operation, or both.

2. "Committee" means the state soil conservation committee.

3. "Landowner" means the owner of land affected by a surface mining operation.

4. "Mineral" includes cement rock, clay, gravel, limestone, manganese, molybdenum,

peat, potash, pumicite, salt, sand, scoria, sodium sulfate, stone, zeolite, or other

minerals, but does not include coal.

5. "Overburden" means all of the earth and other materials which lie above natural

deposits of minerals, and also means such earth and other materials disturbed from

their natural state in a surface mining operation.

6. "Person" means any individual, firm, association, partnership, cooperative,

corporation, limited liability company, or any department, agency, or instrumentality of

the state or any subdivision thereof.

7. "Reclamation" means the reconditioning of the area of land affected by a surface

mining operation to make the area suitable for productive use, including, but not

limited to, forestry, agriculture, grazing, wildlife, recreation, residential, and industrial

sites.

8. "Surface mining operation" relates to the mining of minerals by removing the

overburden lying above natural deposits thereof, and mining directly from the natural

deposits thereby exposed which will, within one calendar year, result in the removal of

ten thousand cubic yards [7645.55 cubic meters] or more of product, including

overburden, or affect one-half acre [.20 hectare] or more.
N.D. Cent. Code § 38-14.1-07 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-07
38-14.1-07. Mining is prohibited
Status: in_force

38-14.1-07. Mining is prohibited

After August 3, 1977, and subject to valid existing rights, no surface coal mining operations

except those which existed on August 3, 1977, may be permitted:

1. On any lands within the boundaries of units of the North Dakota state park system, the

national park system, the national wildlife refuge systems, the national system of trails,

the national wilderness preservation system, the national wild and scenic rivers

system, including study rivers designated under section 5(a) of the Wild and Scenic

Rivers Act [Pub. L. 90-542; 82 Stat. 906; 16 U.S.C. 1271 et seq.] and national

recreation areas designated by Act of the Congress of the United States.

2. On any federal lands within the boundaries of any national forest unless the

requirements of 30 U.S.C. 1272(e)(2) are met.

3. Within three hundred feet [91.44 meters] of any publicly owned park or places included

in the state historic sites registry or the national register of historic places unless

approved jointly by the commission and the federal, state, or local agency with

jurisdiction over the park or the historic site.

4. Within one hundred feet [30.48 meters] of the outside right-of-way line of any public

road, except where mine access roads or haulage roads join such right-of-way line

and except that the commission with the approval of the proper authority may permit

such roads to be relocated or the area affected to lie within one hundred feet [30.48

meters] of such road, if after public notice and the opportunity for public hearing in the

locality a written finding is made by the proper authority that the interests of the public

and the landowners affected thereby will be protected.

5. Within five hundred feet [152.4 meters] of any occupied dwelling unless approved by

the owner thereof, nor within three hundred feet [91.44 meters] of any public building,

school, church, community, or institutional building, or within one hundred feet [30.48

meters] of a cemetery.
N.D. Cent. Code § 38-14.1-21 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-21
38-14.1-21. Permit approval or denial standards
Status: in_force

38-14.1-21. Permit approval or denial standards

1. Upon the basis of a complete mining application and reclamation plan or a revision

thereof as required by this chapter and pursuant to regulations established under this

chapter, the commission shall grant, require modification of, or deny the application for

a permit and notify the applicant in writing within a reasonable time as established by

regulation if no informal conference is held and if an informal conference is held, within

thirty days of such conference. The applicant for a permit, or a revision of a permit, has

the burden of establishing that the application is in compliance with all the

requirements of this chapter. Within ten days after the granting of a permit, the

commission shall notify the appropriate local governmental officials in the county in

which the area of land to be affected is located that a permit has been issued and shall

describe the location of the land.

2. The commission's approval or modification of the permit or permit revision application

must include consideration of the advice and technical assistance of the state

historical society, the department of environmental quality, the soil conservation

committee, the game and fish department, the state forester, the state geologist, and

the department of water resources, and may include those state agencies versed in

soils, agronomy, ecology, geology, and hydrology, and other agencies and individuals

experienced in reclaiming surface mined lands.

3. No permit or revision application may be approved unless the applicant affirmatively

demonstrates and the commission finds in writing on the basis of the information set

forth in the application or from information otherwise available which will be

documented in the approval and made available to the applicant, that all the following

requirements are met:

a. The permit application is accurate and complete and all the requirements of this

chapter and of regulations promulgated by the commission have been complied

with.

b. The permit applicant has demonstrated that reclamation as required by this

chapter and by regulations promulgated by the commission can be accomplished

under the reclamation plan contained in the permit application.

c. The assessment of the probable cumulative impact of all anticipated mining in the

area on the hydrologic balance specified in subdivision o of subsection 1 of

section 38-14.1-14 has been made by the commission and the proposed

operation thereof has been designed to prevent material damage to the

hydrologic balance outside the permit area.

d. The area proposed to be mined is not included within an area designated

unsuitable for all or certain types of surface coal mining operations pursuant to

section 38-14.1-05 or is not within an area under study for such designation in an

administrative proceeding, provided the petition to have an area so designated

has been filed prior to or within the time period specified in subsection 1 of

section 38-14.1-18, or unless in such an area as to which an administrative

proceeding has commenced, the permit applicant demonstrates that prior to

January 4, 1977, the permit applicant has made substantial legal and financial

commitments in relation to the operation for which the applicant is applying for a

permit.

e. The proposed surface coal mining operation, if located west of the one hundredth

meridian west longitude, would:

(1) Not interrupt, discontinue, or preclude farming on alluvial valley floors that

are irrigated or naturally subirrigated, but, excluding undeveloped

rangelands which are not significant to farming on said alluvial valley floors

and those lands as to which the commission finds that if the farming that will

be interrupted, discontinued, or precluded is of such small acreage

[hectarage] as to be of negligible impact on the farm's agricultural

production; or

(2) Not materially damage the quantity or quality of water in surface or

underground water systems that supply these alluvial valley floors. This

subdivision does not affect those surface coal mining operations which on

July 1, 1979, produce coal or commercial leonardite in commercial

quantities and are located within or adjacent to alluvial valley floors or have

obtained specific permit approval by the commission to conduct surface coal

mining operations within said alluvial valley floors.

f. When the mineral estate has been severed from the surface estate, the applicant

has complied with the requirements of chapter 38-18.

4. The commission may delete certain areas from a permit or revision application, reject

the application, require the permit applicant to amend the application or any part of

such application, including any mining plan, or require any combination of the

foregoing, if:

a. The commission finds that the overburden on any part of the area of land

described in the application for a permit is such that experience in the state of

North Dakota with a similar type of operation upon land with similar overburden

shows that substantial deposition of sediment in streambeds, landslides, water

pollution, or permanent destruction of land for agricultural purposes without

approved rehabilitation for other uses cannot feasibly be prevented.

b. The commission finds that the proposed surface coal mining operation will

constitute a hazard to a dwelling house, public building, school, church, cemetery,

commercial or institutional building, public road, stream, lake, or other public or

private property other than property subject to a coal or commercial leonardite

lease.

Whenever the commission finds that ongoing surface mining operations are causing or

are likely to cause any of the conditions set forth in this subsection, it may make such

changes in the permit as it may deem necessary to avoid such described conditions.

5. When information available to the commission indicates that any surface coal mining

operation owned or controlled by the permit applicant is currently in violation of this

chapter, the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87;

91 Stat. 445; 30 U.S.C. 1201 et seq.], or any law or rule of the United States or the

state of North Dakota, or of any department or agency of the United States or the state

of North Dakota, pertaining to air or water environmental protection, the permit may

not be issued until the permit applicant submits proof that such violation has been

corrected or is in the process of being corrected to the satisfaction of the regulatory

authority with jurisdiction over the violation.

6. In addition to finding the application in compliance with other requirements of this

section, if the area proposed to be mined contains prime farmland pursuant to

paragraph 3 of subdivision a of subsection 2 of section 38-14.1-14, the commission

shall, pursuant to regulations issued by the commission, grant a permit to mine on

prime farmland if the commission finds in writing that the permit applicant has the

technological capability to restore such mined area, within a reasonable time, to a level

of productivity equal to or greater than nonmined prime farmland in the surrounding

area under equivalent levels of management and can meet the soil reconstruction

standards in subsection 6 of section 38-14.1-24. Nothing in this chapter pertaining to

prime farmland applies to any permit issued prior to July 1, 1979, or to any revisions or

renewals thereof, or to any existing surface coal mining operations for which a permit

was issued prior to July 1, 1979.
N.D. Cent. Code § 38-14.1-30 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-30
38-14.1-30. Administrative review of commission rulings - Formal hearings
Status: in_force

38-14.1-30. Administrative review of commission rulings - Formal hearings

1. Within thirty days after a permit applicant is notified of a ruling by the commission

pursuant to section 38-14.1-20, or after an operator or permittee is issued a notice or

order pursuant to subdivision a or b of subsection 1 of section 38-14.1-28, or after the

commission disapproves an application for release of all or a portion of a performance

bond under section 38-14.1-17, or after the director of the state historical society

renders a decision on an application for approval of a cultural resources mitigation

plan under section 38-14.1-10 and subdivision u of subsection 1 of section 38-14.1-14,

the applicant, operator, or permittee, or any person with an interest that is or may be

adversely affected by the ruling, notice, or order or by an order modifying, vacating, or

terminating a notice or order, may request and initiate formal hearing procedures

before the commission. The right to the administrative review is forfeited if not

requested within thirty days of the notification of any ruling or issuance of a notice of

violation or order as provided in this subsection. The filing of an application for review

under this subsection does not operate as a stay of any order or notice.

2. Following the issuance pursuant to subdivision c of subsection 1 of section 38-14.1-28

of an order to show cause as to why a permit should not be suspended or revoked, the

commission shall hold a public hearing pursuant to procedures specified in

subsection 3 on such order to show cause. After such public hearing, the commission

shall issue a written decision concerning suspension or revocation of the permit

pursuant to subdivision g of subsection 3.

a. If the commission issues an order of permit suspension, it shall subsequently

reinstate the permit in accordance with procedures established by commission

regulations, upon a showing of compliance with the condition for reinstatement as

specified in the suspension order.

b. If the permittee fails to comply with the conditions for reinstatement as specified

in an order of suspension, the commission shall, pursuant to procedures

established by commission regulations, issue an order revoking the permit and

forfeiting the performance bond to the state of North Dakota.

c. If the commission revokes a permit, all surface coal mining operations must

cease immediately in the permit area.

3. Administrative hearings pursuant to this section must be conducted in accordance with

the provisions of chapter 28-32 and the following procedures:

a. A hearing must be held within thirty days of a request for a formal hearing under

subsection 1 or the issuance of an order to show cause under subsection 2.

b. The commission shall cause an investigation to be made as it deems appropriate

in connection with any hearing under this section. Evidence taken at a hearing

under this section held in connection with a permit application ruling under

section 38-14.1-20 may include, but is not limited to, site inspections of the land

to be affected and other surface coal mining operations carried on by the

applicant for a permit in the general vicinity of the proposed operation.

c. Hearings held pursuant to this section are subject to judicial review in accordance

with the provisions of chapter 28-32. Any requirements, procedural or otherwise,

specifically imposed under this section which are in conflict with the provisions of

chapter 28-32 shall supersede the provisions of chapter 28-32.

d. All parties to any informal conference held in reference to a permit application or

application for release of performance bond under section 38-14.1-19, and all

persons who submitted comments or written objections to the application for

release of performance bond or the permit application under sections 38-14.1-17

and 38-14.1-18 respectively, and the permittee and other interested parties in

hearings to review enforcement actions taken pursuant to section 38-14.1-28

must be given written notice of the date, place, and time of the hearing at least

twenty days prior to the hearing under this section. In case of an emergency, the

notification period may be shortened, but in no event may notice be given less

than five days prior to the hearing.

e. In addition to any notice required by chapter 28-32, notice of hearings under this

section must be published in the official newspaper of each county in which the

subject matter of the hearing is located and in other daily newspapers of general

circulation in the general vicinity of such counties, at least once a week for two

successive weeks prior to the hearing. In case of an emergency, the publication

period may be shortened, but in no event may notice be published less than five

days prior to the hearing in daily newspapers of general circulation in the general

locality of the subject matter involved.

f. No person who presides at an informal conference under section 38-14.1-19 in

reference to a permit application may preside at a formal administrative hearing

under this section or participate in making the final administrative decision

pursuant to chapter 28-32.

g. All final orders of the commission under this section, except those issued under

subsection 4, must be issued pursuant to the following procedures:

(1) Whenever a formal hearing has been held, the commission shall issue a

written order pursuant to chapter 28-32, provided that the decision must be

issued within thirty days after the hearing. The commission shall have no

discretion to increase such time period.

(2) In the event that no one with standing to request an administrative hearing

under subsection 1 requests such a hearing, the commission shall establish

whether or not a permit should be granted or suspended or revoked; or, in

enforcement proceedings, whether the violation has in fact occurred; or, in

connection with an application for release of a bond, whether the application

should be approved or denied, in whole or in part; and shall issue a final

order as appropriate pursuant to rules adopted by the commission.

4. Pending completion of any investigation and hearing procedures being conducted

under this section in connection with a request for review of a ruling on a permit

application pursuant to section 38-14.1-20 or in connection with any notice or order

issued pursuant to subdivision a or b of subsection 1 of section 38-14.1-28 and at any

time prior to a decision by the commission on the request for review of a ruling on a

permit application or a request for review of a notice or order, the permittee or any

person with an interest which is or may be adversely affected by such notice, order, or

the issuance of a permit may file with the commission a written request for temporary

relief from such notice or order or permit decision together with a detailed statement

giving reasons why such temporary relief should be granted. The commission shall

issue an order granting or denying such relief expeditiously as provided by

commission regulations. Provided, if the permittee or person with an interest which is

or may be adversely affected requests relief from a cessation order, the commission's

order under this subsection must be issued within five days of receipt of such request.

The commission may grant such relief, under such conditions as it may prescribe, if:

a. A hearing on the request for temporary relief has been held in the locality of the

permit area, providing all parties with an opportunity to be heard and the

requirements of subdivisions b and c have been met;

b. The permittee or person shows that there is substantial likelihood that the findings

of the commission in the formal administrative proceedings being conducted

pursuant to this section will be favorable to the permittee or person; and

c. Such relief will not adversely affect the health or safety of the public or cause

significant, imminent environmental harm to land, air, or water resources.

An order granting or denying temporary relief pursuant to this subsection is final and

not subject to review in any subsequent administrative or judicial proceeding since any

temporary relief granted is in effect only until the investigation and hearing procedures

of this section are completed.

5. Nothing in this section may be construed to eliminate any additional enforcement

rights or procedures which may be available under state law but are not specifically

enumerated herein.
N.D. Cent. Code § 38-08-06.2 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-06.2
38-08-06.2. Discrimination in the processing and purchasing of gas prohibited
Status: in_force

38-08-06.2. Discrimination in the processing and purchasing of gas prohibited

Gas produced in this state must be processed and purchased without discrimination

between producers in the same reservoir, recognizing the right of the purchaser to establish

reasonable quality standards for acceptance of gas, which must be applied without

discrimination among producers. After notice and hearing, for good cause, the commission may

relieve any person of the duty to process and purchase gas produced in this state without

discrimination.
N.D. Cent. Code § 38-24-02 — ND Code / Title 38 / Chapter 38-24 / Section 38-24-02
38-24-02. Jurisdiction of the commission and duties
Status: in_force

38-24-02. Jurisdiction of the commission and duties

The commission has jurisdiction and authority over any person or property, public or private,

necessary to enforce this chapter. The commission acting through the office of the state

geologist may:

1. Require:

a. Identification of ownership of all facilities and equipment used for the

underground storage and retrieval of nonhydrocarbons.

b. The making and filing of all logs and reports on facility location, drilling, boring,

excavating, and construction and the filing of samples, core chips, and complete

cores, when requested, free of charge, in the office of the state geologist.

c. The drilling, boring, excavating, and construction of facilities in a manner

preventing contamination and pollution of surface and ground water sources and

the environment.

d. The furnishing of a reasonable bond with good and sufficient surety, conditioned

upon the full compliance with this chapter, and the rules and orders of the

commission.

e. Metering or other measuring of all nonhydrocarbons injected, emplaced, stored,

or retrieved from a facility regulated by this chapter.

f. A person operating a facility for the underground storage and retrieval of

nonhydrocarbons in this state to keep and maintain complete and accurate

records of the quantities and nature of material stored and retrieved, which

records must be available to the commission or its agents at all times, and may

require every such person to file prescribed reports with the commission.

g. Upon termination of the operation of a facility or activity regulated by this chapter,

the operator of the facility to restore the surface as nearly as possible to its

original condition and productivity.

2. Regulate:

a. The testing, exploration, drilling, boring, excavating, and construction of

underground storage and retrieval.

b. Operations to assure the optimum performance of a facility regulated by this

chapter.

3. Prescribe the nature, quantity, and source of nonhydrocarbons to be stored in or

retrieved from a facility regulated by this chapter.

4. Adopt and enforce rules and orders to effectuate the purposes of this chapter.
N.D. Cent. Code § 38-11.1-09.1 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-09.1
38-11.1-09.1. Mediation of disputes
Status: in_force

38-11.1-09.1. Mediation of disputes

Within one year after a compensation offer made under section 38-11.1-08 is rejected,

either the mineral developer or surface owner may involve the North Dakota mediation service

or other civil mediator. Involvement of a mediator may comply with Rule 8.8 of the North Dakota

Rules of Court for purposes of alternative dispute resolution compliance. The cost of the

mediator must be mediated between the parties. If the parties are unable to reach an agreement

regarding the cost of the mediator through mediation, each party shall pay an equal portion of

the mediator's compensation. If the mediation is provided by the North Dakota mediation

service, compensation of the mediator must be the actual cost of the mediator to the North

Dakota mediation service.
N.D. Cent. Code § 38-25-07 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-07
38-25-07. Permit requirements - Storage in salt cavern
Status: in_force

38-25-07. Permit requirements - Storage in salt cavern

Before issuing a permit for storage in a salt cavern, the commission shall find:

1. The storage operator has or will obtain the consent by lease, purchase, or other

agreement from all surface owners where surface disturbance activities are necessary

and surface facilities will be located.

2. The storage operator has complied with all requirements set by the commission,

including all necessary permits to conduct solution mining, if applicable.

3. The storage facility is suitable and feasible for the injection, storage, and withdrawal of

oil or gas.

4. The storage operator has made a good-faith effort to obtain the consent of all persons

that own the salt cavern's pore space.

5. The storage operator has made a good-faith effort to obtain the consent of all persons

that own the salt cavern's salt minerals and salt leases.

6. The storage operator has obtained the consent of persons that own at least sixty

percent of the salt cavern's pore space.

7. The storage operator has obtained the consent of persons that own at least fifty-five

percent of the salt cavern's salt minerals and salt leases.

8. The proposed storage facility will not affect adversely surface waters or formations

containing fresh water.

9. The injected oil or gas will not escape from the salt cavern.

10. The storage facility will not endanger health or unduly endanger the environment.

11. The storage facility is in the public interest.

12. The horizontal and vertical boundaries of the salt cavern are defined to include a buffer

zone from the outer walls of the cavern for the purpose of ensuring the safe operation

of the storage facility and to protect the storage facility against pollution, invasion, and

escape or migration of gas therefrom.

13. The storage operator will establish monitoring facilities and protocols to assess the

location and migration of oil and gas, if any, injected for storage and to ensure

compliance with all permit, statutory, and administrative requirements.

14. The method of underground storage is reasonably necessary to effectively carry on the

joint effort, will prevent waste, protect correlative rights of the mineral and surface

estate, and, with reasonable probability, will result in the increased storage and

recovery of more oil and gas.

15. The time, conditions, and method by which the storage facility must be dissolved and

the facility's affairs wound up. A storage facility may be dissolved ten years after the

storage facility permit is issued upon a petition to the commission by the pore space

owners and mineral owners that are credited with at least the percentage of interest of

the pore space required to ratify the storage facility amalgamation agreement, and a

subsequent hearing and order by the commission.

16. That all nonconsenting owners are or will be equitably compensated.
N.D. Cent. Code § 38-14.1-06 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-06
38-14.1-06. Right to petition - Notice and hearing - Right to intervene
Status: in_force

38-14.1-06. Right to petition - Notice and hearing - Right to intervene

1. Any person having an interest which is or may be adversely affected, including state

agencies other than the commission, has the right to petition the commission to hold a

hearing for the purpose of having an area designated as unsuitable for surface coal

mining operations, or to have such designation terminated. Such petition must contain

allegations of facts with supporting evidence which would tend to establish the

allegations.

2. Prior to designating an area as unsuitable for surface coal mining operations and

within ten months after receipt of a complete petition pursuant to subsection 1, the

commission shall hold a public hearing in the locality of the affected area.

3. Notice of the hearing must be published in the official newspaper of each county

wherein the affected area lies and in other daily newspapers of general circulation in

the locality of the affected area at least once a week for four successive weeks prior to

the hearing. The names and post-office addresses of surface and subsurface mineral

rights owners must be determined as specified by the commission from the records of

the county recorder in each affected county. Notice of the hearing must be sent by

certified mail to the owners of surface rights and subsurface mineral rights in the

affected area and to the county auditor of each county wherein such area lies no later

than two weeks prior to the date of the hearing.

4. After a person having an interest which is or may be adversely affected has filed a

petition and before the hearing, as required by this section, any person may intervene

by filing allegations of facts with supporting evidence which would tend to establish the

allegations.

5. Within sixty days after the hearing, the commission shall issue and furnish to all

petitioners and any other party to the hearing a written decision regarding the petition

and reasons therefor.

6. In the event that all petitioners stipulate agreement prior to the requested hearing, and

withdraw their request, such hearing need not be held.

7. If petitions are filed on lands adjacent to or in close proximity to each other, hearings

required by each petition may be consolidated by the commission.
N.D. Cent. Code § 38-14.1-28 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-28
38-14.1-28. Enforcement procedures
Status: in_force

38-14.1-28. Enforcement procedures

1. Whenever, on the basis of any information available to it, including information from

any person, the commission has reason to believe that any requirement of this chapter

or of any regulation adopted by the commission under this chapter or any permit

condition has not been complied with, the commission shall immediately conduct an

inspection, without a warrant, of the surface coal mining operation at which the alleged

violation is occurring unless the information available is a result of a previous

inspection of such operation. If, based on such inspection, the commission determines

enforcement measures are appropriate, it shall initiate one of the following procedures:

a. If the commission or its authorized representative determines that any condition,

practice, or violation exists which also creates an imminent danger to the health

or safety of the public, or is causing, or can reasonably be expected to cause,

significant, imminent environmental harm to land, air, or water resources, the

commission or its authorized representative shall immediately order a cessation

of surface coal mining and reclamation operations or the portion thereof relevant

to the condition, practice, or violation. Such cessation order remains in effect until

the commission or its authorized representative determines that the condition,

practice, or violation has been abated, or until modified, vacated, or terminated by

the commission or its authorized representative pursuant to paragraph 2.

(1) When the commission finds that the ordered cessation will not completely

abate the imminent danger or the significant imminent environmental harm,

the commission shall, in addition to the cessation order, impose any

remedial measures on the operator deemed necessary to abate the

imminent danger or the significant environmental harm.

(2) Any cessation order issued pursuant to this paragraph expires within thirty

days of actual notice to the operator or permittee unless a public hearing is

held within that period within such reasonable proximity of the site to allow

viewings of the site during the course of the hearing.

b. If the commission or its authorized representative determines that any operator or

permittee is in violation of any requirement of this chapter or regulations

thereunder or any permit condition but it is unable to make the additional finding

that a condition, practice or violation exists which also creates an imminent

danger to the health or safety of the public, or is causing or can reasonably be

expected to cause significant, imminent environmental harm to land, air, or water

resources, the commission or its authorized representative shall serve on the

operator or permittee a notice of violation. The notice must fix a reasonable time,

not more than ninety days, for the abatement of the violation and shall provide

opportunity for an informal conference pursuant to section 38-14.1-19 and for

public hearing, if requested, pursuant to the procedures of section 38-14.1-30.

(1) If the operator or permittee does not comply with the remedial measures set

forth in the notice within the abatement period as originally fixed or

subsequently extended for good cause shown and upon the written findings

of the commission or its authorized representative, the commission or its

authorized representative shall immediately order a cessation of surface

coal mining and reclamation operations or that portion thereof relevant to

the violation. Such cessation order remains in effect until the commission

determines that the violation has been abated, or until modified, vacated, or

terminated by the commission or pursuant to paragraph 2.

(2) Any cessation order issued pursuant to this paragraph expires within thirty

days of actual notice to the operator or permittee unless a public hearing is

held within that period within such reasonable proximity of the site to allow

viewings of the site during the course of the hearing.

c. If the commission or its authorized representative determines that a pattern of

violations of any requirements of this chapter or of regulations thereunder or of

any permit conditions exists or has existed and also finds that such violations are

caused by the unwarranted failure of the permittee to comply with any

requirements of this chapter or any permit conditions, or that such violations are

willfully caused by the permittee, an order to show cause why the permit should

not be suspended or revoked shall promptly issue from the commission or its

authorized representative and opportunity for a hearing on such order pursuant to

procedures in subsection 2 of section 38-14.1-30 must be provided. Upon the

permittee's failure to show cause why the permit should not be suspended or

revoked, the commission or its authorized representative shall promptly suspend

or revoke the permit.

2. Any notices and orders issued pursuant to subsection 1 must set forth with reasonable

specificity the nature of the violation and any remedial action required, any period of

time established for abatement, and a reasonable description of the portion of the

surface coal mining and reclamation operation to which the notice or order applies. All

such notices and orders must be in writing, must be signed by the commission or its

authorized representative, and must be served promptly upon the operator and

permittee personally or by certified mail addressed to the permanent address of the

operator and permittee.
N.D. Cent. Code § 38-23-01 — ND Code / Title 38 / Chapter 38-23 / Section 38-23-01
38-23-01. General prohibition
Status: in_force

38-23-01. General prohibition

The placement, storage, exploration, testing, or disposal of high-level radioactive waste

within the exterior boundaries of North Dakota is prohibited. If this provision is superseded by

federal law, the remaining provisions of this chapter continue to apply. This section does not limit

the authority of the legislative assembly or the commission to issue a notice of disapproval

under this chapter.
N.D. Cent. Code § 38-14.1-19 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-19
38-14.1-19. Informal conference procedures
Status: in_force

38-14.1-19. Informal conference procedures

1. If written objections or comments are filed and an informal conference is requested as

provided in section 38-14.1-17, 38-14.1-18, or 38-14.1-28, the commission shall

schedule such informal conference within forty-five days of the receipt of such request

but in no event prior to the expiration of the thirty-day period allowed for submission of

comments, objections, and requests in subsection 2 of section 38-14.1-17 or

subsections 3, 4, and 5 of section 38-14.1-18.

2. The informal conference must be held in the locality of the proposed mining if the

request for such conference so specifies. Date, time, and location of such informal

conference must be advertised by the commission in the official newspaper of each

county wherein land included in the proposed permit area lies and in other daily

newspapers of general circulation in the locality of the proposed surface coal mining

operation at least two weeks prior to the scheduled conference date.

3. Upon request of any party to the informal conference, the commission may arrange

with the applicant access by the requesting party to the proposed mining area for the

purpose of gathering information relative to such conference.

4. An electronic or stenographic record must be made of the informal conference

proceedings, unless waived by all parties. Such record must be maintained and must

be accessible to the parties until final release of the permittee's performance bond

pursuant to this chapter.

5. In the event all parties requesting the informal conference stipulate agreement prior to

the requested informal conference and withdraw their request, such informal

conference need not be held.

6. The commission shall issue its written findings and ruling within thirty days of the

informal conference. Along with these findings and ruling, notice must be served upon

all persons who were parties to the informal conference, informing them of their right,

within thirty days of such service, to request that a formal administrative hearing be

held by the commission pursuant to section 38-14.1-30 in order to review the findings

and ruling.
N.D. Cent. Code § 38-09-16 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-16
38-09-16. Public offering of leases - Counties and political subdivisions
Status: reserved

38-09-16. Public offering of leases - Counties and political subdivisions

Before leasing any lands or interest therein or any mineral rights reserved in any

conveyance thereof, any county or other political subdivisions thereof shall advertise the same

in like manner as provided in section 38-09-15 and with like content of such notice and the

leasing must be held at the office of the county auditor if owned by the county or if by any other

political subdivision, at the office of the clerk or auditor thereof.
N.D. Cent. Code § 38-11.2-04 — ND Code / Title 38 / Chapter 38-11.2 / Section 38-11.2-04
38-11.2-04. Damage and disruption payments - Statute of limitations
Status: in_force

38-11.2-04. Damage and disruption payments - Statute of limitations

1. The mineral developer shall pay the surface owner a sum of money equal to the

amount of damages sustained by the surface owner and the surface owner's tenant, if

any, for loss of agricultural production and income, lost land value, lost use of and

access to the surface owner's land, and lost value of improvements caused by drilling

operations. The amount of damages may be determined by any formula agreeable

between the surface owner and the mineral developer. When determining damages,

consideration must be given to the period of time during which the loss occurs.

2. The surface owner may elect to be paid damages in annual installments over a period

of time.

3. The surface owner must be compensated for harm caused by subsurface mineral

exploration only by a single sum payment.

4. The payments contemplated by this section only cover land directly affected by drilling

operations.

5. Payments under this section are intended to compensate the surface owner for

damage and disruption. Any reservation or assignment of such compensation apart

from the surface estate except to a tenant of the surface estate is prohibited. In the

absence of an agreement between the surface owner and a tenant as to the division of

compensation payable under this section, the tenant is entitled to recover from the

surface owner that portion of the compensation attributable to the tenant's share of the

damages sustained.

6. To receive compensation under this section, any person shall notify the mineral

developer of the damages sustained by the person within two years after the injury

occurs or would become apparent to a reasonable person.
N.D. Cent. Code § 38-17-02 — ND Code / Title 38 / Chapter 38-17 / Section 38-17-02
38-17-02. Legislative intent
Status: in_force

38-17-02. Legislative intent

It is the intent of the legislative assembly of the state of North Dakota to exercise the

legitimate police power of the state in order to protect the economic welfare of the citizens who

rely for their livelihood on agricultural production and thereby protect the agricultural economic

base of the state. It is in the public interest that certain of the terms and conditions of the leases

of coal in place be regulated. The provisions of this chapter apply to all leases for the mining of

coal entered into after April 9, 1975.
N.D. Cent. Code § 38-22-16 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-16
38-22-16. Title to carbon dioxide
Status: in_force

38-22-16. Title to carbon dioxide

The storage operator has title to the carbon dioxide injected into and stored in a storage

reservoir and holds title until the commission issues a certificate of project completion. While the

storage operator holds title, the operator is liable for any damage the carbon dioxide may cause,

including damage caused by carbon dioxide that escapes from the storage facility.
N.D. Cent. Code § 38-08.1-02 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-02
38-08.1-02. Enforcement by commission - Persons required to comply with chapter
Status: in_force

38-08.1-02. Enforcement by commission - Persons required to comply with chapter

Notwithstanding any other provision of this chapter, the commission is the primary

enforcement agency governing geophysical exploration in this state. Any person in this state

engaged in geophysical exploration or engaged as a subcontractor of a person engaged in

geophysical exploration shall comply with this chapter; provided, however, that compliance with

this chapter by a crew or its employer constitutes compliance herewith by that person who has

engaged the service of the crew, or its employer, as an independent contractor.
N.D. Cent. Code § 38-14.2-12 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-12
38-14.2-12. Transfer or sale of acquired lands
Status: in_force

38-14.2-12. Transfer or sale of acquired lands

The commission may transfer land acquired pursuant to this chapter to the appropriate state

or federal agency. Where land acquired pursuant to this chapter is deemed to be suitable for

industrial, commercial, residential, or recreational development, the commission may sell such

land by public sale under a system of competitive bidding, at not less than fair market value,

pursuant to the provisions of chapter 54-01 and other laws applicable to the sale of state-owned

land and under such other regulations promulgated to ensure that such lands are put to proper

use consistent with local and state land use plans, if any, as determined by the commission.
N.D. Cent. Code § 38-08-18 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-18
38-08-18. Existing regulations still in force
Status: in_force

38-08-18. Existing regulations still in force

Omitted.
N.D. Cent. Code § 38-14.1-40 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-40
38-14.1-40. Citizen suits
Status: in_force

38-14.1-40. Citizen suits

1. Any person having an interest which is or may be adversely affected may commence a

civil action on the person's own behalf to compel compliance with this chapter, or any

regulation, order, or permit issued pursuant to this chapter:

a. Against any person or any governmental instrumentality or agency who is alleged

to be in violation of any regulation, order, or permit issued pursuant to this

chapter; or

b. Against the commission when there is alleged a failure of the commission to

perform any act or duty under this chapter which is not discretionary with the

commission.

2. Notice of the violation must be given to the commission and to any alleged violator

sixty days before commencement of an action under subdivision a of subsection 1.

Notice of the commencement of an action under subdivision b of subsection 1 must be

given to the commission in such manner as the commission shall prescribe by

regulation sixty days before commencement of such action, except that such action

may be brought immediately after notification if the violation or order complained of

constitutes an imminent threat to the health or safety of the plaintiff or would

immediately affect a legal interest of the plaintiff.

3. No action may be commenced if the commission has commenced and is diligently

prosecuting a civil action to require compliance with the provisions of this chapter, or

any regulation, order, or permit issued pursuant to this chapter. In any such action, any

person with an interest which is or may be adversely affected may intervene as a

matter of right.

4. Any person who is injured in person or property through the violation by any operator

or permittee of any rule, order, or permit issued pursuant to this chapter may bring an

action for damages, including reasonable attorney's and expert witness fees, or for

temporary or permanent equitable relief. This subsection does not affect the rights

established by or limits imposed under the state workforce safety and insurance laws.

5. Any action brought under this section may be brought only in the district court in which

the surface coal mining operation complained of is located. The commission, if not a

party, may intervene in any such action as a matter of right.

6. Nothing in this section restricts any right which any person or class of persons may

have under any statute or common law to seek enforcement of any of the provisions of

this chapter and the regulations thereunder, or to seek any other relief, including relief

against the commission.
N.D. Cent. Code § 38-22-14 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-14
38-22-14. Fees - Carbon dioxide storage facility administrative fund - Continuing appropriation
Status: in_force

38-22-14. Fees - Carbon dioxide storage facility administrative fund - Continuing

appropriation.

1. Storage operators shall pay the commission a fee on each ton of carbon dioxide

injected for storage. The fee must be in the amount set by commission rule. The

amount must be based on the contribution of the storage facility and the source of the

carbon dioxide to the energy and agriculture production economy of North Dakota and

the commission's anticipated expenses that it will incur in regulating storage facilities

during their construction, operational, and preclosure phases.

2. The fee must be deposited in the carbon dioxide storage facility administrative fund.

The fund must be maintained as a special fund and all money in the fund is

appropriated and may be used only for defraying the commission's expenses in

processing permit applications; regulating storage facilities during their construction,

operational, and preclosure phases; and making storage amount determinations under

section 38-22-23. The commission, however, through a cooperative agreement with

another state agency, may use the fund to compensate the cooperating agency for

expenses the cooperating agency incurs in carrying out regulatory responsibilities that

agency may have over a storage facility. Interest earned by the fund must be

deposited in the fund.
N.D. Cent. Code § 38-08.1-04.1 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-04.1
38-08.1-04.1. Exploration permit
Status: in_force

38-08.1-04.1. Exploration permit

1. Upon filing a complete application for permit to explore pursuant to section 38-08.1-04,

the commission may issue to any person desiring to engage in geophysical exploration

a "geophysical exploration permit". A person may not engage in geophysical

exploration activities in this state without having first obtained a geophysical

exploration permit from the commission.

2. The permit must show, at a minimum:

a. The name of the person.

b. The name and address of the resident agent for service of process.

c. That an application to engage in geophysical exploration has been duly filed.

d. That a good and sufficient surety bond has been filed by the person, naming the

surety company and giving its address.

3. The permit must be signed by the director of the commission's oil and gas division or

the director's designee. The permit is valid for one year.

4. Within seven days of initial contact between the permitting agent and the operator of

the land, the permitting agent shall provide the operator of the land and each

landowner owning land within one-half mile [.80 kilometer] of the land on which

geophysical exploration activities are to be conducted a written copy of section

38-08.1-04.1 and chapter 38-11.1.

5. The permitting agent shall notify the operator of the land at least seven days before

the commencement of any geophysical exploration activity, unless waived by mutual

agreement of both parties. The notice must include the approximate time schedule and

the location of the planned activity.

6. The permit or a photostatic copy thereof must be carried at all times by a member of

the crew during the period of geophysical exploration and must be exhibited upon

demand of the landowner or tenant operator or county or state official.

7. The permitholder shall notify the county auditor or the auditor's designee at least

twenty-four hours, excluding Saturdays and holidays, before the permitholder

commences geophysical exploration in the county. Notice must include the

approximate time schedule and location of the planned activity.
N.D. Cent. Code § 38-19-01 — ND Code / Title 38 / Chapter 38-19 / Section 38-19-01
38-19-01. Declaration of policy
Status: in_force

38-19-01. Declaration of policy

It is hereby declared to be in the public interest to encourage, and promote the proper use

of geothermal resources in a manner which will prevent waste; to authorize and provide for the

operation of geothermal resource extraction facilities in such manner as will achieve the

optimum utilization of the geothermal resource and protect the correlative rights of all owners; to

prevent contamination and pollution of surface and ground water sources; and to avoid creation

of secondary hazards of a geologic nature.
N.D. Cent. Code § 38-09-09 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-09
38-09-09. Payment of bonuses, rents, royalties on lands subject to taxes - Crediting amount paid to county
Status: in_force

38-09-09. Payment of bonuses, rents, royalties on lands subject to taxes - Crediting

amount paid to county.

The lessee, or the lessee's assigns and successors in interest, may pay all bonuses,

rentals, and royalties due under any oil and gas lease on lands subject to delinquent taxes or to

taxes adjusted by contract, to the lessor, or the lessor's assigns or successors in interest, until

such time as a tax deed describing such land is executed and delivered to the county. Upon the

execution and delivery of a tax deed sufficient to constitute color of title in the county and upon

the confirmation, approval, and adoption of the oil and gas lease by the county either with or

without additional provisions, the lessee shall pay all rentals and royalties to the county as long

as the county continues to hold the land. The amounts received by the county as bonuses,

rentals, or royalties must be credited upon the tax charges against the property.
N.D. Cent. Code § 38-09-04 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-04
38-09-04. Leases and occupancy not to interfere with use of land by subdivision - Drilling wells - Limitation
Status: in_force

38-09-04. Leases and occupancy not to interfere with use of land by subdivision -

Drilling wells - Limitation.

A lease made by a political subdivision under the provisions of section 38-09-02 and the

occupancy of the lands under such lease may not interfere materially with the purposes for

which such lands are used and occupied by the political subdivision. No oil or gas well may be

drilled or located within one hundred feet [30.48 meters] of any public building upon any such

land.
N.D. Cent. Code § 38-18-08 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-08
38-18-08. Financial obligation to reclaim
Status: in_force

38-18-08. Financial obligation to reclaim

1. It is hereby declared to be the financial obligation of the mineral developer to pay the

entire cost of the surface reclamation necessitated by that developer's mining

operation. This obligation is in no way limited by the amount of the bond required of an

"operator" by chapter 38-14.1.

2. If a mineral developer fails to begin reclamation of the land disturbed by a mining

operation within one year after the completion of the mining operation in accordance

with the plan submitted to the public service commission pursuant to chapter 38-14.1

and regulations promulgated thereunder, the surface owner may notify the public

service commission, which commission shall take all of the necessary action lawfully

authorized to obtain complete compliance with the reclamation plan.

3. An action at law may be maintained to recover sums due to the surface owner under

this section and under section 38-18-07. The surface owner must be awarded

reasonable attorney's fees for the maintenance of the action in addition to any other

sums determined to be due to the surface owner.
N.D. Cent. Code § 38-18-07 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-07
38-18-07. Surface damage and disruption payments
Status: in_force

38-18-07. Surface damage and disruption payments

1. Unless the mineral lease, surface lease, or consent statement executed by the surface

owner provides for payments to the surface owner, the mineral developer shall

annually pay to the surface owner a sum of money equal to the amount of damages

sustained by the surface owner for loss of agricultural production caused by mining

activity, provided that it can be shown that the land disturbed or to be disturbed has

regularly been used for agricultural production. The amount of damages may be

determined by any formula mutually agreeable between the surface owner and the

mineral developer. The payments contemplated by this section only cover land actually

mined, disturbed, or to be mined during the year or years during which agricultural

production was actually interrupted and which land has not been restored to the level

of agricultural productivity required by the plan submitted pursuant to chapter 38-14.1.

The payments to be made hereunder must be made before December thirty-first of

that calendar year in which the loss occurred.

2. Unless waived by the owner of a farm building, if the coal or commercial leonardite

removal area of a surface mining operation comes within five hundred feet

[152.4 meters] of any farm building, the mineral developer shall pay to the owner of the

farm building either the fair market value of the farm building or the entire cost of

removing the farm building to a location where the coal or commercial leonardite

removal area of the mining operation will not come within five hundred feet [152.4

meters] of such building or buildings. The payments contemplated hereunder are in

addition to any payments required by the terms of any mineral lease, unless the

surface owner is a party to the lease and the lease provides for damages as

contemplated in this subsection in an amount not less than the amount which would be

recoverable under this section.

3. The rights granted to the surface owner by this section are hereby declared to be

absolute and unwaivable, except as provided in subsection 2. Any instrument which

purports to waive rights granted by this section is null and void and of no legal effect.
N.D. Cent. Code § 38-08.1-06 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-06
38-08.1-06. Duty to plug drill holes
Status: in_force

38-08.1-06. Duty to plug drill holes

1. Drill holes must be plugged and abandoned as required by this section.

2. The seismic company responsible for the plugging and abandonment of seismic shot

holes shall notify the commission in writing that it intends to plug and abandon the drill

hole. The required notice must be received by the commission at least twenty-four

hours before the time plugging activities are scheduled to begin. The notice must

include the date and time the activities are expected to commence, the location by

section, township, and range of the holes to be plugged, and the name and telephone

number of the person in charge of the plugging operations. A copy of the notice must

be sent to the landowner or lessee at the same time it is sent to the commission. The

seismic company shall notify the commission in writing upon completion of the

plugging operation.

3. All seismic shot holes must be plugged as soon after being used as reasonably is

practicable; however, they may not remain unplugged for a period of more than thirty

days unless, upon application, the commission grants an extension which may not

exceed ninety days. All seismic shot holes must be temporarily capped during the

period between drilling and final plugging.

4. The plug must have permanently affixed to it a durable nonrusting metal or plastic tag

or plate imprinted with the name of the operator responsible for the plugging of the

hole and the operator's permit number.

5. The surface around each seismic shot hole must be restored to its original condition

insofar as restoration is practicable and all stakes, markers, cables, ropes, wires,

primacord, cement or mud stacks, and any other debris or material not native to the

area must be removed from the drill site and lawfully disposed of.
N.D. Cent. Code § 38-02-04 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-04
38-02-04. Duty of discoverer of lode before filing certificate of location
Status: in_force

38-02-04. Duty of discoverer of lode before filing certificate of location

Before filing a location certificate, the discoverer shall:

1. Locate the discoverer's claim by sinking a discovery shaft thereon sufficient to show a

well-defined mineral vein or lode.

2. Post at the point of discovery on the surface a plain sign or notice containing the name

of the lode, the name of the locator, the date of discovery, the number of feet [meters]

claimed in length on either side of the discovery, and the number of feet [meters] in

width claimed on each side of the lode.

3. Mark the surface boundaries of the lode as is provided in section 38-02-07.
N.D. Cent. Code § 38-16-02 — ND Code / Title 38 / Chapter 38-16 / Section 38-16-02
38-16-02. Surface mining operation - Report to committee required
Status: in_force

38-16-02. Surface mining operation - Report to committee required

Except as provided for in section 38-16-06, no person may conduct a surface mining

operation without complying with the reporting requirements of this chapter. Any person

conducting a number of operations, each of which, within one calendar year, results in the

removal of less than ten thousand cubic yards [7645.55 cubic meters] of earthen material or

product, including overburden, or affects less than one-half acre [.20 hectare], but which, in the

aggregate, result in the removal of ten thousand cubic yards [7645.55 cubic meters] or more of

earthen material or product, including overburden, within one calendar year, or affect one-half

acre [.20 hectare] or more within one calendar year, is subject to the provisions of this chapter.
N.D. Cent. Code § 38-10-06 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-06
38-10-06. Petition required to obtain order of license - Contents of petition - Citation issued on petition
Status: in_force

38-10-06. Petition required to obtain order of license - Contents of petition - Citation

issued on petition.

To obtain an order of the district court for the sale of oil, gas, or other mineral rights, a

verified petition must be presented to and filed with the court setting forth the matters required

by law to be contained in a petition for the sale of real estate and in addition thereto setting forth

the quantity of the interest in the oil, gas, or other minerals desired to be sold and the probable

amount to be realized on the sale thereof. A citation must be issued on the petition and served

in the manner provided by law for the service of citations in district court. If all persons

interested in the estate join in the petition or signify in writing their assent thereto or waive

service of notice thereof, the hearing may be had at any time.
N.D. Cent. Code § 38-22-06 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-06
38-22-06. Permit hearing - Hearing notice
Status: in_force

38-22-06. Permit hearing - Hearing notice

1. The commission shall hold a public hearing before issuing a permit.

2. Notice of the hearing must be published for two consecutive weeks in the official

newspaper of the county or counties where the storage reservoir is proposed to be

located and in any other newspaper the commission requires. Publication deadlines

must comply with commission requirements.

3. Notice of the hearing must be given to each mineral lessee, mineral owner, and pore

space owner within the storage reservoir and within one-half mile of the storage

reservoir's boundaries.

4. Notice of the hearing must be given to each surface owner of land overlying the

storage reservoir and within one-half mile of the reservoir's boundaries.

5. Notice of the hearing must be given to any additional persons that the commission

requires.

6. Hearing notices required by this section must be completed by mail or third-party

commercial delivery, tracking service requested, and addressed to the last address of

record for the individual or entity to be served. The notice by publication set forth in

subsection 2 applies to all individuals and entities that cannot be served under this

section.

7. Hearing notices required by this section must comply with deadlines set by the

commission.

8. Hearing notices required by this section must contain the information the commission

requires.
N.D. Cent. Code § 38-02-18 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-18
38-02-18. Trial against conspiracies or mobs taking mining property - Proof required
Status: repealed

38-02-18. Trial against conspiracies or mobs taking mining property - Proof required

Repealed by S.L. 1961, ch. 249, § 1.
N.D. Cent. Code § 38-11.1-09.2 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-09.2
38-11.1-09.2. Mediation service
Status: in_force

38-11.1-09.2. Mediation service

The North Dakota mediation service may mediate disputes related to easements for oil and

gas-related pipelines and associated facilities.
N.D. Cent. Code § 38-16-06 — ND Code / Title 38 / Chapter 38-16 / Section 38-16-06
38-16-06. Surface mining operations exempt from reporting requirements
Status: in_force

38-16-06. Surface mining operations exempt from reporting requirements

The reporting requirements of this chapter do not apply to a surface mining operation which

is subject to a requirement by a department or agency of the state that the person conducting

the surface mining operation obtain a written release from the landowner approving the

condition of the affected land upon completion or abandonment of the surface mining operation.

Nothing in this chapter may be construed to be applicable to a surface mining operation which is

regulated under the provisions of chapter 38-14.1.
N.D. Cent. Code § 38-19-02 — ND Code / Title 38 / Chapter 38-19 / Section 38-19-02
38-19-02. Definitions
Status: in_force

38-19-02. Definitions

As used in this chapter:

1. "Commission" means the industrial commission of North Dakota.

2. "Geothermal energy" means the internal energy of the earth, available to man as heat

from rocks or liquids.

3. "Geothermal energy extraction facility" means and includes any drilled, bored, or

excavated device or installation to provide for the extraction of geothermal energy.

4. "Geothermal resource" means the recoverable stored heat of the earth.

5. "Producer" means the owner of a geothermal energy extraction facility or facilities, and

the owner's agents or employees.

6. "Product" means anything produced, whether usable or unusable, by means of a

geothermal energy extraction facility.

7. "Waste" means and includes the locating, spacing, drilling, excavating, or operating of

any geothermal energy extraction facility in a manner which causes or tends to cause

reduction in the quantity or quality of geothermal energy ultimately recoverable from a

geothermal resource, or which causes or tends to cause unnecessary or excessive

use, or degradation, of land surface.
N.D. Cent. Code § 38-09-10 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-10
38-09-10. Payment of bonuses, rents, and royalties after termination of county's interest in lands
Status: in_force

38-09-10. Payment of bonuses, rents, and royalties after termination of county's

interest in lands.

All bonuses, rents, and royalties becoming due and payable to any county under any

provision of this chapter under an oil and gas lease must be paid to the lessor, or to the lessor's

assigns or successors in interest, in accordance with and pursuant to the terms of the original

lease, if:

1. The land described in the lease is redeemed or the title of the county is obtained by

the lessor or the lessor's assigns from the county and such redemption or transfer from

the county is made a matter of record in the office of the recorder of the county in

which the land is situated;

2. The title or color of title of the county in and to the lands described in the lease is set

aside or declared void by the final decree of a court having jurisdiction of such matter;

and

3. Notice in either event is given to the lessee or to the lessee's assigns or successors in

interest by registered or certified mail directed to such lessee, or to the lessee's

assigns or successors in interest, at the address appearing in the office of the recorder

of the county in which the land is situated.
N.D. Cent. Code § 38-08-09.13 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.13
38-08-09.13. Definitions
Status: in_force

38-08-09.13. Definitions

For the purposes of sections 38-08-09.1 through 38-08-09.16, unless the context otherwise

requires:

1. "Lessee" refers not only to lessees under oil and gas leases but also includes owners

of unleased mineral rights having the right to develop the same for oil and gas to the

extent of a seven-eighths interest.

2. "Oil and gas" refers not only to oil and gas as such in combination one with the other,

but shall have general reference to oil, gas, casinghead gas, casinghead gasoline,

gas-distillate, or other hydrocarbons, or any combination or combinations thereof,

which may be found in or produced from a common source of supply of oil, oil and

gas, or gas-distillate.

3. "Person" means and includes any individual, corporation, limited liability company,

partnership, common-law or statutory trust, association of any kind, the state of North

Dakota, or any subdivision or agency thereof acting in a proprietary capacity, guardian,

executor, administrator, fiduciary of any kind, or any other entity or being capable of

owning an interest in and to a unit source of supply of oil and gas.

4. "Unit expense" includes and means any and all cost and expense in the conduct and

management of its affairs or the operations carried on by it.

5. Any reference to a separately owned tract, although in general terms broad enough to

include the surface and all underlying common sources of supply of oil and gas, shall

have reference thereto only in relation to the unit source of supply or portion thereof

embraced within the unit area of a particular unit.
N.D. Cent. Code § 38-17-04 — ND Code / Title 38 / Chapter 38-17 / Section 38-17-04
38-17-04. Use of sight draft - Cancellation of lease authorized
Status: in_force

38-17-04. Use of sight draft - Cancellation of lease authorized

1. Any trust or escrow document relating to a coal lease, or any sight draft or other

negotiable or non-negotiable instrument given as full or partial consideration for a coal

lease, may authorize the first party to the document or instrument to reject the lease or

refuse to honor the draft or other instrument at the time it is due and payable because

of a bona fide failure of title.

2. Either party to a coal lease may cancel the coal lease until midnight of the fifteenth

business day after the day on which the lessor executed the coal lease. Cancellation

occurs and is effective when the party desiring to cancel sends written notice of the

cancellation of the lease to the other party by registered mail, return receipt requested,

if mailed within the specified amount of time. Notice of cancellation given by either

party is effective if it indicates that party's intention not to be bound by the lease.
N.D. Cent. Code § 38-20-01 — ND Code / Title 38 / Chapter 38-20 / Section 38-20-01
38-20-01. Interstate mining compact
Status: in_force

38-20-01. Interstate mining compact

The interstate mining compact is hereby enacted into law and entered into with all other

jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I - FINDINGS AND PURPOSES

1. The party states find that:

a. Mining and the contributions thereof to the economy and well-being of every state

are of basic significance.

b. The effects of mining on the availability of land, water, and other resources for

other uses present special problems which properly can be approached only with

due consideration for the rights and interests of those engaged in mining, those

using or proposing to use these resources for other purposes, and the public.

c. Measures for the reduction of the adverse effects of mining on land, water, and

other resources may be costly and the devising of means to deal with them are of

both public and private concerns.

d. Such variables as soil structure and composition, physiography, climatic

conditions, and the needs of the public make impracticable the application to all

mining areas of a single standard for the conservation, adaptation, or restoration

of mined land or the development of mineral and other natural resources; but

justifiable requirements of law and practice relating to the effects of mining on

lands, water, and other resources may be reduced in equity or effectiveness

unless they pertain similarly from state to state for all mining operations similarly

situated.

e. The states are in a position and have the responsibility to assure that mining is

conducted in accordance with sound conservation principles and with due regard

for local conditions.

2. The purposes of this compact are to:

a. Advance the protection and restoration of land, water, and other resources

affected by mining.

b. Assist in the reduction or elimination or counteracting of pollution or deterioration

of land, water, and air attributable to mining.

c. Encourage, with due recognition of relevant regional, physical, and other

differences, programs in each of the party states which will achieve comparable

results in protecting, conserving, and improving the usefulness of natural

resources, to the end that the most desirable conduct of mining and related

operations may be universally facilitated.

d. Assist the party states in their efforts to facilitate the use of land and other

resources affected by mining, so that such use may be consistent with sound

land use, public health, and public safety, and to this end to study and

recommend, wherever desirable, techniques for the improvement, restoration, or

protection of such land and other resources.

e. Assist in achieving and maintaining an efficient and productive mining industry

and in increasing economic and other benefits attributable to mining.

ARTICLE II - DEFINITIONS

As used in this compact, the term:

1. "Mining" means the breaking of the surface soil in order to facilitate or accomplish the

extraction or removal of minerals, ores, or other solid matter, any activity or process

constituting all or part of a process for the extraction or removal of minerals, ores, and

other solid matter from its original location, and the preparation, washing, cleaning, or

other treatment of minerals, ores, or other solid matter so as to make them suitable for

commercial, industrial, or construction use, but does not include those aspects of deep

mining not having significant effect on the surface and does not include excavation of

grading when conducted solely in aid of onsite farming or construction.

2. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, or a territory or possession of the United States.

ARTICLE III - STATE PROGRAMS

Each party state agrees that it has or will establish effective programs to accomplish the

purposes of this compact.

ARTICLE IV - POWERS

In addition to any other powers conferred upon the interstate mining commission,

established by article V of this compact, such commission shall have power to:

1. Study mining operations, processes and techniques for the purpose of gaining

knowledge concerning the effects of such operations, processes and techniques on

land, soil, water, air, plant and animal life, recreation, and patterns of community or

regional development or change.

2. Study the conservation, adaptation, improvement, and restoration of land and related

resources affected by mining.

3. Make recommendations concerning any aspects of law or practice and governmental

administration dealing with matters within the purview of this compact.

4. Gather and disseminate information relating to any of the matters within the purview of

this compact.

5. Cooperate with the federal government and any public or private entities having

interests in any subject coming within the purview of this compact.

6. Consult, upon the request of a party state and within available resources, with the

officials of such state in respect to any problem within the purview of this compact.

7. Study and make recommendations with respect to any practice, process, technique, or

course of action that may improve the efficiency of mining or the economic yield from

mining operations.

8. Study and make recommendations relating to the safeguarding of access to resources

which are or may become the subject of mining operations to the end that the needs of

the economy for the products of mining may not be adversely affected by unplanned or

inappropriate use of land and other resources containing minerals or otherwise

connected with actual or potential mining sites.

ARTICLE V - THE COMMISSION

1. There is hereby created an agency of the party states to be known as the "interstate

mining commission", hereinafter called "the commission". The commission shall be

composed of one commissioner from each party state who shall be the governor

thereof. Pursuant to the laws of the party state, each governor may have the

assistance of an advisory body, including membership from mining industries,

conservation interests, and such other public and private interests as may be

appropriate, in considering problems relating to mining and in discharging the

responsibilities as a commissioner on the commission. If a governor is unable to

attend a meeting of the commission or perform any other function in connection with

the business of the commission, an alternate must be designated to represent and act

on behalf of the governor. The alternate designated by the governor must be employed

by the state agency with responsibilities for protecting and restoring lands affected by

mining. The designation of an alternate must be communicated by the governor to the

commission in such manner as its bylaws may provide.

2. The commissioners shall be entitled to one vote each on the commission. No action of

the commission making a recommendation pursuant to subsections 3, 7, and 8 of

article IV or requesting, accepting, or disposing of funds, services, or other property

pursuant to this subsection, subsections 7 and 8 of this article, or article VII shall be

valid unless taken at a meeting at which a majority of the total number of votes on the

commission is cast in favor thereof. All other action must be by a majority of those

present and voting provided that action of the commission shall be only at a meeting at

which a majority of the commissioners, or their alternates, who are present. The

commission may establish and maintain such facilities as may be necessary for the

transaction of its business. The commission may acquire, hold, and convey real and

personal property and any interest therein.

3. The commission shall have a seal.

4. The commission shall elect annually, from among its members, a chairman, a vice

chairman, and a treasurer. The commission shall appoint an executive director and fix

the duties and compensation. Such executive director shall serve at the pleasure of

the commission. The executive director, the treasurer, and such other personnel as the

commission shall designate shall be bonded. The amounts of such bonds must be

determined by the commission.

5. Irrespective of the civil service, personnel or other merit system laws of any of the

party states, the executive director, with the approval of the commission, shall appoint,

remove, or discharge such personnel as may be necessary for the performance of the

commission's functions and shall fix the duties and compensation of such personnel.

6. The commission may establish and maintain independently, or in conjunction with a

party state, a suitable retirement system for its employees. Employees of the

commission shall be eligible for social security coverage in respect of old-age and

survivor insurance provided that the commission takes such steps as may be

necessary pursuant to the laws of the United States to participate in such program of

insurance as a governmental agency or unit. The commission may establish and

maintain or participate in such additional programs of employee benefits as it may

deem appropriate.

7. The commission may borrow, accept, or contract for the services of personnel from

any state, the United States, or any other governmental agency, or from any person,

firm, association, or corporation.

8. The commission may accept for any of its purposes and functions under this compact

any and all donations, and grants of money, equipment, supplies, materials, and

services, conditional or otherwise, from any state, the United States, or any other

governmental agency, or from any person, firm, association, or corporation and may

receive, utilize, and dispose of the same. Any donation or grant accepted by the

commission pursuant to this subsection or services borrowed pursuant to subsection 7

must be reported in the annual report of the commission. Such report must include the

nature, amount, and conditions, if any, of the donation, grant, or services borrowed

and the identity of the donor or lender.

9. The commission shall adopt bylaws for the conduct of its business and shall have the

power to amend and rescind these bylaws. The commission shall publish its bylaws in

convenient form and shall file a copy thereof and a copy of any amendment thereto,

with the appropriate agency or officer in each of the party states.

10. The commission annually shall make to the governor, legislative assembly, and any

advisory body established under subsection 1 of each party state a report covering the

activities of the commission for the preceding year and embodying such

recommendations as may have been made by the commission. The commission may

make such additional reports as it may deem desirable.

ARTICLE VI - ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES

The commission shall establish such advisory, technical, and regional committees as it may

deem necessary, membership on which must include private persons and public officials, and

shall cooperate with the use and services of any such committees and the organizations which

the members represent in furthering any of its activities. Such committees may be formed to

consider problems of special interest to any party states, problems dealing with particular

commodities or types of mining operations, problems related to reclamation, development, or

use of mined land, or any other matters of concern to the commission.

ARTICLE VII - FINANCE

1. The commission shall submit to the governor or designated officer or officers of each

party state a budget of its estimated expenditures for such period as may be required

by the laws of that party state for presentation to the legislature thereof.

2. Each of the commission's budgets of estimated expenditures must contain specific

recommendations of the amounts to be appropriated by each of the party states. The

total amount of appropriations requested under any such budget must be apportioned

among the party states one half in equal shares and the remainder in proportion to the

value of minerals, ores, and other solid matter mined. In determining such values, the

commission shall employ such available public sources of information as, in its

judgment, present the most equitable and accurate comparisons among the party

states. Each of the commission's budgets of estimated expenditures and requests for

appropriations must indicate the sources used in obtaining information concerning

value of minerals, ores, and other solid matter mined.

3. The commission shall not pledge the credit of any party state. The commission may

meet any of its obligations in whole or in part with funds available to it under

subsection 8 of article V, provided that the commission takes specific action setting

aside such funds prior to incurring any obligation to be met in whole or in part in such

manner. Except when the commission makes use of funds available to it under

subsection 8 of article V hereof, the commission shall not incur any obligation prior to

the allotment of funds by the party states adequate to meet the same.

4. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission must be subject to the audit and

accounting procedures established under its bylaws. All receipts and disbursements of

funds handled by the commission must be audited yearly by a qualified public

accountant and the report of the audit must be included in and become part of the

annual report of the commission.

5. The accounts of the commission must be open at any reasonable time for inspection

by duly constituted officers of the party states and by any persons authorized by the

commission.

6. Nothing contained herein must be construed to prevent commission compliance with

laws relating to audit or inspection of accounts by or on behalf of any government

contributing to the support of the commission.

ARTICLE VIII - ENTRY INTO FORCE AND WITHDRAWAL

1. The compact enters into force when enacted into law by any four or more states.

Thereafter, this compact becomes effective as to any other state upon its enactment

thereof.

2. Any party state may withdraw from this compact by enacting a statute repealing the

same, but no such withdrawal takes effect until one year after the governor of the

withdrawing state has given notice in writing of the withdrawal to the governors of all

other party states. No withdrawal affects any liability already incurred by or chargeable

to a party state prior to the time of such withdrawal.

ARTICLE IX - EFFECT ON OTHER LAWS

Nothing in this compact shall be construed to limit, repeal, or supersede any other law of

any party state.

ARTICLE X - CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence, or provision

of this compact is declared to be contrary to the constitution of any state or of the United States,

or the applicability thereof to any government, agency, person, or circumstance is held invalid,

the validity of the remainder of this compact and the applicability thereof to any government,

agency, person, or circumstance shall not be affected thereby. If this compact shall be held

contrary to the constitution of any state participating herein, the compact shall remain in full

force and effect as to the remaining party states and in full force and effect as to the state

affected as to all severable matters.
N.D. Cent. Code § 38-22-05 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-05
38-22-05. Permit applications, fees, costs, and priorities - Carbon dioxide storage facility administrative fund
Status: in_force

38-22-05. Permit applications, fees, costs, and priorities - Carbon dioxide storage

facility administrative fund.

1. A person applying for a permit shall:

a. Comply with application requirements set by the commission.

b. Pay a fee in an amount set by the commission. The amount of the fee must be

set by rule and must be based on the commission's anticipated cost of

processing the application. The fee must be deposited in the carbon dioxide

storage facility administrative fund.

c. Pay to the commission the costs the commission incurs in publishing notices for

hearings and holding hearings on permit applications.

2. In processing permit applications the commission shall give priority to storage

operators who intend to store carbon dioxide produced in North Dakota.
N.D. Cent. Code § 38-09-08 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-08
38-09-08. Land forfeited to county - Lease binding upon county and lessee
Status: in_force

38-09-08. Land forfeited to county - Lease binding upon county and lessee

If any land which is affected by a resolution adopted by the board of county commissioners

pursuant to the provisions of section 38-09-07 and subject to delinquent tax charges or tax

charges which have been adjusted by contract is forfeited to the county under tax proceedings

by a tax deed sufficient to constitute color of title in the county to such lands, the oil and gas

lease affected by the resolution becomes and remains binding upon the county and its grantees

and upon the lessee and the lessee's assigns and successors in interest with like force and

effect as though the county had become a party to such lease as of the date of the tax deed to

the county.
N.D. Cent. Code § 38-18.1-03 — ND Code / Title 38 / Chapter 38-18.1 / Section 38-18.1-03
38-18.1-03. When mineral interest deemed to be used
Status: in_force

38-18.1-03. When mineral interest deemed to be used

1. A mineral interest is deemed to be used when:

a. There are any minerals produced under that interest.

b. Operations are being conducted thereon for injection, withdrawal, storage, or

disposal of water, gas, or other fluid substances.

c. In the case of solid minerals, there is production from a common vein or seam by

the owners of such mineral interest.

d. The mineral interest on any tract is subject to a lease, mortgage, assignment, or

conveyance of the mineral interest recorded in the office of the recorder in the

county in which the mineral interest is located.

e. The mineral interest on any tract is subject to an order or an agreement to pool or

unitize, recorded in the office of the recorder in the county in which the mineral

interest is located.

f. A proper statement of claim is recorded as provided by section 38-18.1-04.

2. The payment of royalties, bonus payments, or any other payment to a named or

unnamed interest-bearing account, trust account, escrow account, or any similar type

of account on behalf of a person who cannot be located does not satisfy the

requirements of this section and the mineral interest is not deemed to be used for

purposes of this section. Interest on such account must be credited to the account and

may not be used for any other purpose. A named or unnamed interest-bearing

account, trust account, escrow account, or any similar type of account that has been in

existence for three years is deemed to be abandoned property and must be treated as

abandoned property under chapter 47-30.2. A lease given by a trustee remains valid.
N.D. Cent. Code § 38-10-13 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-13
38-10-13. Who may institute proceedings
Status: in_force

38-10-13. Who may institute proceedings

The proceedings provided for by section 38-10-12 may be instituted upon the petition of any

one or more of the parties who have a present interest or a contingent interest in the land or

estate or interest therein.
N.D. Cent. Code § 38-10-03 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-03
38-10-03. Term of lease for production - Conditions and limitations in lease
Status: in_force

38-10-03. Term of lease for production - Conditions and limitations in lease

A lease for production made by a personal representative may be made subject to the

confirmation of the district court, for a period of not more than ten years, and it may be extended

thereafter as long as oil or gas is produced from such land by the lessee or the lessee's assigns

or the lessee or the lessee's assigns are engaged in continuous drilling or reworking operations.

Such a lease must be made upon such terms and in consideration of such bonuses, royalties,

rentals, and payments as may be agreed upon except that in no case may the royalty be:

1. Less than equal to a one-eighth part of all oil produced and saved from the leased

premises;

2. Less than equal to a one-eighth part of the gross proceeds at the prevailing market

rate at the well for all gas used off the premises, when gas only is found on the leased

premises; nor

3. Less than one-eighth of the gross proceeds at the prevailing market rate at the well for

gas, during all times that such gas is used, when gas is produced from any oil well and

used off the premises or for the manufacture of casinghead gasoline or dry commercial

gas.

No lease for production is effective for a period of more than two years from its date unless

mining or a well is commenced on such land within such time, except that the lease may provide

that the lessee may pay a delay rental in an amount that may be specified in the lease. Such

payment operates as a rental and covers the privilege of deferring the commencement of mining

or of a well for one year. A lease may provide for the payment of successive delay rentals which

defers the commencement of mining or of a well for like successive periods. Any lease made by

a personal representative under the authority of this section may provide for the pooling or

unitization of the lease land, or any part or parts thereof, and of any mineral or royalty interest

therein, with land adjoining or in the vicinity of the leased land, or any mineral or royalty interest

therein, so as to form a unit for development and purpose of operation. Operations or production

on any such unitized area shall have the same effect as operations or production on the leased

land. The lease may provide for payment of a proportionate part of the royalties on production

from any such unitized area to the personal representative in lieu of the royalties provided in the

lease as to the area so unitized. A personal representative, upon compliance with the provisions

of this chapter, may also enter into agreements pooling or unitizing existing leases. Upon the

execution, approval, and delivery of a production lease, all persons interested in the estate are

bound thereby during the entire period thereof.
N.D. Cent. Code § 38-10-07 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-07
38-10-07. Objections to petition for confirmation of lease or for order of license to sell
Status: in_force

38-10-07. Objections to petition for confirmation of lease or for order of license to

sell.

Any person interested in the estate may file written objections to a petition for the approval

and confirmation of a lease for production or to a petition for an order of license to sell oil, gas,

or mineral rights. The petition and the objections thereto must be heard, the hearings thereon

conducted, and the witnesses examined in the manner provided in title 30 for hearings on

petitions for the sale of real property belonging to an estate.
N.D. Cent. Code § 38-10-04 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-04
38-10-04. Lease for production made by personal representative to be approved by county court - Notice - Recording
Status: repealed

38-10-04. Lease for production made by personal representative to be approved by

county court - Notice - Recording.

Repealed by S.L. 1973, ch. 257, § 82.
N.D. Cent. Code § 38-09-02 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-02
38-09-02. Township, city, school district, or park district may lease land for oil and gas development
Status: in_force

38-09-02. Township, city, school district, or park district may lease land for oil and

gas development.

The governing body of any township, city, school district, or park district in this state may

lease the grounds or lands of such political subdivision, or any part thereof, for oil and gas

development for a primary term of not more than ten years, and may renew or extend any such

lease from time to time for as long thereafter as oil or gas is or can be produced on the land

described therein.
N.D. Cent. Code § 38-01-04 — ND Code / Title 38 / Chapter 38-01 / Section 38-01-04
38-01-04. Limitation on hours of labor per day - Exceptions
Status: repealed

38-01-04. Limitation on hours of labor per day - Exceptions

Repealed by S.L. 1971, ch. 347, § 20.
N.D. Cent. Code § 38-14.1-26 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-26
38-14.1-26. Interference with commission employees
Status: in_force

38-14.1-26. Interference with commission employees

No operator or permittee may, except as provided by law, willfully resist, prevent, impede, or

interfere with the commission or any of its agents in the performance of duties under this

chapter. Whoever knowingly violates this section is, upon conviction, subject to the penalty

provided in subsection 4 of section 38-14.1-32.
N.D. Cent. Code § 38-02-10 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-10
38-02-10. Owner or occupant of surface may demand security from miner
Status: in_force

38-02-10. Owner or occupant of surface may demand security from miner

If the right to a mine is separate from the ownership or right of occupancy to the surface, the

owner or rightful occupant of the surface may demand satisfactory security from the miner, and

if such security is refused, may enjoin such miner from working until the same is given. The

injunctional order must fix the amount of the bond.
N.D. Cent. Code § 38-14.1-08 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-08
38-14.1-08. Mineral exploration not prohibited
Status: in_force

38-14.1-08. Mineral exploration not prohibited

The designation of an area as unsuitable for all or certain types of surface coal mining

operations does not prevent the mineral exploration of such an area.
N.D. Cent. Code § 38-14.1-04.1 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-04.1
38-14.1-04.1. Reclamation research advisory committee
Status: repealed

38-14.1-04.1. Reclamation research advisory committee

Repealed by S.L. 1997, ch. 321, § 1.
N.D. Cent. Code § 38-22-13 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-13
38-22-13. Preservation of rights
Status: in_force

38-22-13. Preservation of rights

Nothing in this chapter nor the issuing of a permit:

1. Prejudices the rights of property owners within a storage facility to exercise rights that

have not been committed to a storage facility.

2. Prevents a mineral owner or mineral lessee from drilling through or near a storage

reservoir to explore for and develop minerals, provided the drilling, production, and

related activities comply with commission requirements that preserve the storage

facility's integrity and protect this chapter's objectives.
N.D. Cent. Code § 38-08-09.11 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.11
38-08-09.11. Participating by public lands
Status: in_force

38-08-09.11. Participating by public lands

The proper board or officer of the state having the control and management of state land,

and the proper board or officer of any political, municipal, or other subdivision or agency of the

state, are hereby authorized and have the power on behalf of the state or of such political,

municipal, or other subdivision or agency thereof, with respect to land or oil and gas rights,

subject to the control and management of such respective body, board, or officer, to consent to

or participate in any plan or program of unitization adopted pursuant to sections 38-08-09.1

through 38-08-09.16.
N.D. Cent. Code § 38-08-04.4 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04.4
38-08-04.4. Commission authorized to enter into contracts
Status: in_force

38-08-04.4. Commission authorized to enter into contracts

The commission may enter public and private contractual agreements for the plugging or

replugging of oil and gas or injection wells, the removal or repair of related equipment, the

reclamation of abandoned oil and gas or injection well sites, the reclamation of saltwater

handling facility sites, the reclamation of treating plant sites, and the reclamation of oil and

gas-related pipelines and associated facilities, including reclamation as a result of leaks or spills

from a pipeline or associated facility, if any of the following apply:

1. The person or company drilling or operating the well or equipment cannot be found,

has no assets with which to properly plug or replug the well or reclaim the site, cannot

be legally required to plug or replug the well or to reclaim the site, pipeline, or

associated pipeline facility, or damage is the result of an illegal dumping incident.

2. There is no bond covering the well to be plugged or the site to be reclaimed or there is

a bond but the cost of plugging or replugging the well or reclaiming the site, pipeline,

or associated pipeline facility exceeds the amount of the bond or damage is the result

of an illegal dumping incident.

3. The well, equipment, pipeline, or associated pipeline facility is leaking or likely to leak

oil, gas, or saltwater or is likely to cause a serious threat of pollution or injury to the

public health or safety.

Sealed bids for any well plugging or reclamation work under this section must be solicited

by placing a notice in the official county newspaper of the county in which the work is to be done

and in such other newspapers of general circulation in the area as the commission may deem

appropriate. Bids must be addressed to the commission and must be opened publicly at the

time and place designated in the notice. The contract must be let to the lowest responsible

bidder, but the commission may reject any or all bids submitted. If a well or equipment is leaking

or likely to leak oil, gas, or saltwater or is likely to cause a serious threat of pollution or injury to

the public health or safety, the commission, without notice or the letting of bids, may enter into

contracts necessary to mitigate the problem.

The contracts for the plugging or replugging of wells or the reclamation of well sites must be

on terms and conditions as prescribed by the commission, but at a minimum the contracts shall

require the plugging and reclamation to comply with all statutes and rules governing the

plugging of wells and reclamation of sites.
N.D. Cent. Code § 38-11-02 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-02
38-11-02. Leases of certain mineral rights in state lands
Status: in_force

38-11-02. Leases of certain mineral rights in state lands

The state may issue prospecting permits or issue leases for the purpose of prospecting for

and mining minerals contained in any portion of lands owned by this state or that may be

contained in state lands sold with a reservation of mineral deposits.
N.D. Cent. Code § 38-16-03 — ND Code / Title 38 / Chapter 38-16 / Section 38-16-03
38-16-03. Annual report to committee - When filed - Contents
Status: in_force

38-16-03. Annual report to committee - When filed - Contents

Any person conducting a surface mining operation shall file with the committee a report on

each surface mining operation conducted during the calendar year. The report must be filed on

or before December thirty-first of each year in which the surface mining operation is conducted.

The annual report must be on a form provided by the committee which must, in addition to any

pertinent data required by the committee, include:

1. The name and address of the landowner and of the person conducting the surface

mining operation, and, if any of these are corporations, limited liability companies, or

other business entities, the names and addresses of their principal officers or

managers and resident agent for service of process.

2. The location of the surface mining operation by section, township, range, and county.

3. The date the surface mining operation was commenced.

4. The minerals mined by the surface mining operation.

5. A description of the surface mining operation.

6. The maximum depth of the surface mining operation.

7. The number of acres [hectares] affected by the surface mining operation for the

calendar year covered by the report.

8. An estimate of the number of acres [hectares] to be affected by the surface mining

operation during the calendar year next succeeding the report.

9. The cubic yardage [cubic meters] of mineral mined and overburden disturbed by the

surface mining operation for the calendar year covered by the report.

10. An estimate of the cubic yardage [cubic meters] of mineral to be mined and

overburden to be disturbed by the surface mining operation during the calendar year

next succeeding the report.

11. A map of the affected land if more than ten acres [4.05 hectares] have been disturbed

by the surface mining operation, or, regardless of the amount of land to be disturbed, if

the committee finds that conditions warrant it and so requests a map. The map must

show the boundaries of the affected land, topographic detail, the location and names

of all streams, roads, railroads, and utility lines on or immediately adjacent to the

affected land, and the location of access roads built in conjunction with the surface

mining operation.

12. The location of any segment of the affected land that will not be further disturbed by

the surface mining operation.

13. The date of completion or abandonment of the surface mining operation, if completed

or abandoned.

14. The date of beginning, extent, and current status of any reclamation activities

performed during the period covered by the annual report or planned to be performed

after completion or abandonment of the surface mining operation or any segment of

the surface mining operation. The description of reclamation activities must indicate

which parts of the affected land are intended to be reclaimed for forest, pasture, crop,

horticultural, homesite, recreational, industrial, or other uses, including food, shelter,

and ground cover for wildlife, and must show the same by appropriate designation on

a reclamation map.
N.D. Cent. Code § 38-15-01 — ND Code / Title 38 / Chapter 38-15 / Section 38-15-01
38-15-01. Policy
Status: in_force

38-15-01. Policy

It is hereby declared to be in the public interest to foster, encourage, and promote the

development, production, and utilization of all natural resources of coal, commercial leonardite,

oil, gas, and subsurface minerals in a manner as will prevent waste and allow a greater ultimate

recovery of the natural resources, and to protect the rights of all owners so that the greatest

possible economic recovery of natural resources be obtained in the state, to the end that

landowners, royalty owners, producers, and the general public realize and enjoy the greatest

possible good from these vital natural resources.
N.D. Cent. Code § 38-09-20 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-20
38-09-20. Rules and regulations
Status: in_force

38-09-20. Rules and regulations

The state of North Dakota and its departments and agencies, the board of county

commissioners of each county, and the governing body of any political subdivisions are hereby

authorized to establish rules and regulations for the leasing of lands for the purposes set forth in

sections 38-09-14 through 38-09-20, not inconsistent herewith. Such rules may require the

deposit by any applicant for a lease of an amount sufficient to cover the publication costs.
N.D. Cent. Code § 38-14.1-29 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-29
38-14.1-29. Procedures for imposing civil penalties
Status: in_force

38-14.1-29. Procedures for imposing civil penalties

1. A civil penalty may be assessed by the commission as authorized by section

38-14.1-32 only after the operator or permittee has been given an opportunity for

public hearing pursuant to the procedures specified in section 38-14.1-30.

a. If such public hearing has been held, the commission shall make findings of fact

and issue a written decision pursuant to subdivision g of subsection 3 of section

38-14.1-30 as to the occurrence of the violation and the amount of the penalty

which is warranted, incorporating, when appropriate, an order requiring that the

penalty be paid.

b. If the operator or permittee charged with such violation fails to use the opportunity

for a public hearing, a civil penalty must be assessed by the commission if it

determines that a violation did occur and issues a final order requiring that the

penalty be paid.

2. Hearings under this section must be consolidated with any enforcement hearings

under section 38-14.1-30.

3. Any civil penalties assessed under this chapter may be recovered by the commission

in a civil action in the North Dakota district court for the county in which the violation

occurred or in which the party assessed has the party's residence or principal office in

the state.
N.D. Cent. Code § 38-22-03 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-03
38-22-03. Commission authority
Status: in_force

38-22-03. Commission authority

The commission has authority:

1. Over all persons and property necessary to administer and enforce this chapter and its

objectives.

2. To regulate activities relating to a storage facility, including construction, operation, and

closure.

3. To enter, at a reasonable time and manner, a storage facility to inspect equipment and

facilities; to observe, monitor, and investigate operations; and to inspect records

required to be maintained at the facility.

4. To require that storage operators provide assurance, including bonds, that money is

available to fulfill the storage operator's duties.

5. To exercise continuing jurisdiction over storage operators and storage facilities,

including the authority, after notice and hearing, to amend provisions in a permit and to

revoke a permit.

6. To dissolve or change the boundaries of any commission-established oil or gas field or

unit that is within or near a storage reservoir's boundaries.

7. To grant, for good cause, exceptions to this chapter's requirements and implementing

rules.
N.D. Cent. Code § 38-01-09 — ND Code / Title 38 / Chapter 38-01 / Section 38-01-09
38-01-09. Owner or operator of lignite mine not to discriminate against certain persons - Penalty
Status: repealed

38-01-09. Owner or operator of lignite mine not to discriminate against certain

persons - Penalty.

Repealed by S.L. 1971, ch. 347, § 20.
N.D. Cent. Code § 38-18-04 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-04
38-18-04. Applicability
Status: in_force

38-18-04. Applicability

This chapter applies to and places requirements on the holder of the mineral estate, on the

mineral developer, and on the public service commission regardless of the means used to

separate the mineral estate from the surface estate.
N.D. Cent. Code § 38-01-07.1 — ND Code / Title 38 / Chapter 38-01 / Section 38-01-07.1
38-01-07.1. Road may be closed for surface coal mining operations
Status: in_force

38-01-07.1. Road may be closed for surface coal mining operations

A surface coal mining operator may petition the board of county commissioners to

temporarily close or relocate a section line road or other road if the road interferes with the

operator's conduct of surface coal mining operations. The board of county commissioners, if so

petitioned, may, after notice and public hearing, temporarily close or relocate the section line

road or other road, providing the road is not required due to readily accessible alternate routes

of travel and the closing or relocation does not deprive adjacent landowners access to their

property. If a road is closed as provided for in this section, the board of county commissioners

may require that after completion of surface coal mining operations the operator restore the

road to as good a condition as existed prior to the closing of the road.
N.D. Cent. Code § 38-18.1-04 — ND Code / Title 38 / Chapter 38-18.1 / Section 38-18.1-04
38-18.1-04. Statement of claim - Recording - Time
Status: in_force

38-18.1-04. Statement of claim - Recording - Time

The statement of claim provided for in section 38-18.1-02 must:

1. Be recorded by the owner of the mineral interest or the owner's representative prior to

the end of the twenty-year period set forth in section 38-18.1-02. A joint tenant, but not

a tenant in common, may record a claim on behalf of oneself and other joint tenants.

2. Contain the name and address of the owner of the mineral interest, and a legal

description of the land on, or under which, the mineral interest is located as well as the

type of mineral interest involved.

3. Be recorded in the office of the recorder in the county in which the mineral interest is

located.

The mineral interest is deemed to be in use at the date of recording, if the recording is made

within the time provided by this section. A statement of claim filed after July 31, 2009, by a

person other than the owner of record of the mineral interest is not effective to preserve a

mineral interest unless accompanied by a reference to the name of the record owner under

whom the owner of the mineral interest claims.
N.D. Cent. Code § 38-19-06 — ND Code / Title 38 / Chapter 38-19 / Section 38-19-06
38-19-06. Action to restrain violation or threatened violation
Status: in_force

38-19-06. Action to restrain violation or threatened violation

Whenever it appears that any person is violating or threatening to violate any provision of

this chapter, or any rule or order of the commission, the commission may bring action against

that person, in the district court of the county where the violation occurs or is threatened, to

restrain that person from continuing the violation or from carrying out the threat of violation. In

any such action, the court has jurisdiction to issue, without the filing of a bond or other

undertaking by the commission, such prohibitory and mandatory injunctions as are necessary,

including temporary restraining orders, preliminary injunctions, temporary, preliminary, or final

orders restraining the person from continuing the violation or from carrying out the threat of

violation.
N.D. Cent. Code § 38-01-10 — ND Code / Title 38 / Chapter 38-01 / Section 38-01-10
38-01-10. Exploration organizations - Agent - Service of process
Status: in_force

38-01-10. Exploration organizations - Agent - Service of process

Each person, firm, association, partnership, corporation, or limited liability company

exploring for oil, gas, coal, or other minerals in this state shall appoint an agent who must be

registered with the secretary of state for the purpose of accepting service for any nonresident

representative of the person or organization.

Whenever such a person or organization fails to appoint or maintain a registered agent in

this state, or whenever the registered agent cannot with reasonable diligence be found at the

registered office, the secretary of state is an agent of such person or organization upon whom

any such process, notice, or demand may be served. Service on the secretary of state of any

such process, notice, or demand must be made by delivering to and leaving with the secretary

of state, or any clerk having charge of the corporation department of the office of the secretary

of state, duplicate copies of such process, notice, or demand. In the event any such process,

notice, or demand is served on the secretary of state, the secretary of state shall immediately

cause one of the copies thereof to be forwarded by registered or certified mail, addressed to the

person or organization at the person's or organization's registered office or to the nonresident

representative at that person's filed address, as the case may be. Any such service on the

secretary of state shall be returnable in not less than thirty days.

The secretary of state shall keep a record of all processes, notices, and demands served

upon the secretary of state under this section, and shall record therein the time of such service

and the secretary of state's action with reference thereto.

Nothing in this section limits or affects the right to serve any process, notice, or demand

required or permitted by law to be served in any other manner permitted by law.
N.D. Cent. Code § 38-08-09.5 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.5
38-08-09.5. Ratification or approval of plan by lessees and owners
Status: in_force

38-08-09.5. Ratification or approval of plan by lessees and owners

At the time of filing of the petition for the approval of a unit agreement and the filing of the

unit agreement, the commission shall schedule a hearing. At least forty-five days prior to the

hearing, the applicant shall give notice of the hearing and shall mail, postage prepaid, a copy of

the application and the proposed plan of unitization to each affected person owning an interest

of record in the unit outline, at such person's last-known post-office address. In addition, the

applicant shall file with the commission engineering, geological, and all other technical exhibits

to be used at the hearing, and further, the notice must specify that such material is filed and is

available for inspection. Service is complete in the mailing of the notice of hearing and unit

agreement to each interest owner as described in this section and the filing of an affidavit of

mailing with the commission. No order of the commission creating a unit and prescribing its plan

of unitization becomes effective until the plan of unitization has been signed, or in writing ratified

or approved by those persons who, under the commission's order, will be required to pay more

than fifty-five percent of the costs of the unit operation and by the owners of more than fifty-five

percent of the royalty interests, excluding overriding royalties, production payments, and other

interests carved out of the working interest, and in addition it is required that when there is more

than one person who will be obligated to pay costs of the unit operation, at least two

nonaffiliated such persons and at least two royalty interest owners, are required as voluntary

parties, and the commission has made a finding either in the order creating the unit or in a

supplemental order that the plan of unitization has been so signed, ratified, or approved by

lessees and royalty owners owning the required percentage interest. If the plan of unitization

has not been signed, ratified, or approved by lessees and royalty owners owning the required

percentage interest at the time the order creating the unit is made, the commission shall, upon

petition and notice, hold such additional hearings as may be requested or required to determine

if and when the plan of unitization has been so signed, ratified, or approved by lessees and

royalty owners owning the required percentage interest and shall, in respect to such hearings,

enter a finding of its determination in such regard. In the event lessees and royalty owners, or

either, owning the required percentage interest have not signed, ratified, or approved the plan of

unitization within six months from the date on which the order creating the unit is made, the

order ceases to be of further force and effect and shall be revoked by the commission.
N.D. Cent. Code § 38-08-01 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-01
38-08-01. Declaration of policy
Status: in_force

38-08-01. Declaration of policy

It is hereby declared to be in the public interest to foster, to encourage, and to promote the

development, production, and utilization of natural resources of oil and gas in the state in such a

manner as will prevent waste; to authorize and to provide for the operation and development of

oil and gas properties in such a manner that a greater ultimate recovery of oil and gas be had

and that the correlative rights of all owners be fully protected; and to encourage and to authorize

cycling, recycling, pressure maintenance, and secondary recovery operations in order that the

greatest possible economic recovery of oil and gas be obtained within the state to the end that

the landowners, the royalty owners, the producers, and the general public realize and enjoy the

greatest possible good from these vital natural resources.
N.D. Cent. Code § 38-11-02.2 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-02.2
38-11-02.2. Authority of the board
Status: in_force

38-11-02.2. Authority of the board

The authority given the board of university and school lands by section 38-11-02.1 includes,

but is not limited to:

1. The approval of all forms used by agencies for mineral prospecting and mineral

leasing.

2. The setting of minimum bonuses, minimum delay rentals, and minimum royalties.

3. The setting of terms and conditions relating to prospecting, mining, surface damages,

and reclamation.

4. The method and manner of negotiations or sales for leasing or prospecting.
N.D. Cent. Code § 38-08-09.4 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.4
38-08-09.4. Order - Units and unit areas - Plan of unitization
Status: in_force

38-08-09.4. Order - Units and unit areas - Plan of unitization

The order of the commission must define the area of the common source of supply or

portion thereof to be included within the unit area and prescribe with reasonable detail the plan

of unitization applicable thereto.

Each unit and unit area must be limited to all or a portion of a single common source of

supply.

A unit may be created to embrace less than the whole of a common source of supply only

where it is shown by the evidence that the area to be so included within the unit area is of such

size and shape as may be reasonably required for the successful and efficient conduct of the

unitized method or methods of operation for which the unit is created, and that the conduct

thereof will have no material adverse effect upon the remainder of such common source of

supply.

The plan of unitization for each such unit and unit area must be one suited to the needs and

requirements of the particular unit dependent upon the facts and conditions found to exist with

respect thereto. In addition to such other terms, provisions, conditions, and requirements found

by the commission to be reasonably necessary or proper to effectuate or accomplish the

purposes of sections 38-08-09.1 through 38-08-09.16, and subject to the further requirements

hereof, each such plan of unitization must contain fair, reasonable, and equitable provisions for:

1. The efficient unitized management or control of the further development and operation

of the unit area for the recovery of oil and gas from the common source of supply

affected. Under such a plan, the actual operations within the unit area may be carried

on in whole or in part by the unit itself, or by one or more of the lessees within the unit

area as unit operator subject to the supervision and direction of the unit, dependent

upon what is most beneficial or expedient. The designation of the unit operator must

be by a vote of the working interest owners in the unit in a manner provided by the

plan of unitization and not by the commission, and the unit-operating agreement must

contain a provision that the owners of a simple majority of the working interest in the

unit area may vote to change the unit operator.

2. The division of interest or formula for the apportionment and allocation of the unit

production, among and to the several separately owned tracts within the unit area

such as will reasonably permit persons otherwise entitled to share in or benefit by the

production from such separately owned tracts to produce or receive, in lieu thereof,

their fair, equitable, and reasonable share of the unit production or other benefits

thereof. A separately owned tract's fair, equitable, and reasonable share of the unit

production must be measured by the value of each such tract for oil and gas purposes

and its contributing value to the unit in relation to like values of other tracts in the unit,

taking into account acreage [hectarage], the quantity of oil and gas recoverable

therefrom, location on structure, its probable productivity of oil and gas in the absence

of unit operations, the burden of operation to which the tract will or is likely to be

subjected, or so many of said factors, or such other pertinent engineering, geological,

or operating factors, as may be reasonably susceptible of determination. Unit

production as that term is used in sections 38-08-09.1 through 38-08-09.16 means and

includes all oil and gas produced from a unit area from and after the effective date of

the order of the commission creating the unit regardless of the well or tract within the

unit area from which the same is produced.

3. The manner in which the unit and the further development and operation of the unit

area shall or may be financed and the basis, terms, and conditions on which the cost

and expense thereof shall be apportioned among and assessed against the tracts and

interests made chargeable therewith, including a detailed accounting procedure

governing all charges and credits incident to such operations. Upon and subject to

such terms and conditions as to time and legal rate of interest as may be fair to all

concerned, reasonable provision must be made in the plan of unitization for carrying or

otherwise financing owners who are unable to promptly meet their financial obligations

in connection with the unit and, in addition to the unit expense assessed against each

tract and chargeable to each owner, the recovery of a risk penalty from each owner

electing not to participate in the unit expense. The recovery of the risk penalty is as

follows:

a. If the nonparticipating owner's interest in the unit is derived from a lease or other

contract for development, the risk penalty is two hundred percent of the

nonparticipating owner's share of the unit expense and may be recovered out of,

and only out of, production from the unit, exclusive of any royalty or overriding

royalty.

b. If the nonparticipating owner's interest in the unit is not subject to a lease or other

contract for development, the penalty is fifty percent of the nonparticipating

owner's share of the unit expense and may be recovered out of production from

the unit exclusive of any royalty provided for in section 38-08-09.13.

c. The owner paying for the nonparticipating owner's share of the unit expense may

recover from the nonparticipating owner a risk penalty for the risk involved in the

unit expense only if the paying owner has made an unsuccessful, good-faith

attempt to have the unleased nonparticipating owner execute a lease or to have

the leased nonparticipating owner join in and participate in the risk of the unit

expense. Before a risk penalty may be imposed, the paying owner must notify the

nonparticipating owner with proof of service that the paying owner intends to

impose a risk penalty and that the nonparticipating owner may object to the risk

penalty by either responding in opposition to the petition for a risk penalty or if no

such petition has been filed, by filing an application or request for hearing with the

industrial commission.

4. The procedure and basis upon which wells, equipment, and other properties of the

several lessees within the unit area are to be taken over and used for unit operations,

including the method of arriving at the compensation therefor, or of otherwise

proportionately equalizing or adjusting the investment of the several lessees in the

project as of the effective date of unit operation.

5. The creation of an operating committee to have general overall management and

control of the unit and the conduct of its business and affairs and the operations

carried on by it, together with the creation or designation of such other subcommittees,

boards, or officers to function under authority of the operating committee as may be

necessary, proper, or convenient in the efficient management of the unit, defining the

powers and duties of all such committees, boards, or officers and prescribing their

tenure and time and method for their selection.

6. The time when the plan of unitization shall become and be effective.

7. The time when and conditions under which and the method by which the unit must or

may be dissolved and its affairs wound up; however, the unit may be dissolved ten

years after the unit agreement becomes effective upon a petition to the commission by

the royalty owners who are credited with at least the percentage of interest of the

royalty production and proceeds thereof required to ratify the unit agreement on the

date the unit agreement was initially approved by the commission, and a subsequent

hearing and order by the commission. The commission may not dissolve any unit if the

dissolution would be likely to result in waste or the violation of the correlative rights of

any owner. This provision does not limit or restrict any other authority which the

commission has.
N.D. Cent. Code § 38-24-07 — ND Code / Title 38 / Chapter 38-24 / Section 38-24-07
38-24-07. Administrative procedure and judicial review
Status: in_force

38-24-07. Administrative procedure and judicial review

A proceeding under this chapter for the issuance or modification of rules, including

emergency orders relating to underground storage and retrieval and determining compliance

with rules of the commission, must be conducted in accordance with chapter 28-32. If the

commission determines an emergency requiring immediate action exists, the commission may

issue an emergency order without notice or hearing, which is effective upon adoption. An

emergency order may not remain in force for more than fifteen days. A person aggrieved by

action of the commission, or by its rules or orders, may appeal to the district court of the county

in which the person resides, or in Burleigh County, in accordance with chapter 28-32.
N.D. Cent. Code § 38-08-06.1 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-06.1
38-08-06.1. Natural gas well status determinations and findings
Status: repealed

38-08-06.1. Natural gas well status determinations and findings

Repealed by S.L. 1997, ch. 318, § 1.
N.D. Cent. Code § 38-08-04.6 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04.6
38-08-04.6. Oil and gas reservoir data fund - Appropriation
Status: in_force

38-08-04.6. Oil and gas reservoir data fund - Appropriation

There is hereby established an oil and gas reservoir data fund to be used for defraying the

costs of providing reservoir data compiled by the commission to state, federal, and county

departments and agencies and members of the general public. All moneys collected pursuant to

section 38-08-04 for providing reservoir data under this section must be deposited in the oil and

gas reservoir data fund. This fund must be maintained as a special fund and all moneys

transferred into the fund are hereby appropriated and must be used and disbursed solely for the

purpose of paying the current cost of providing such information as determined by the

commission, based on actual costs.
N.D. Cent. Code § 38-01-07 — ND Code / Title 38 / Chapter 38-01 / Section 38-01-07
38-01-07. Damages for condemnation of road over mine - Undertaking in lieu of damages - Conditions of undertaking
Status: repealed

38-01-07. Damages for condemnation of road over mine - Undertaking in lieu of

damages - Conditions of undertaking.

Repealed by S.L. 1991, ch. 386, § 2.
N.D. Cent. Code § 38-18-01 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-01
38-18-01. Short title
Status: in_force

38-18-01. Short title

This chapter must be known as the Surface Owner Protection Act.
N.D. Cent. Code § 38-08-08 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-08
38-08-08. Integration of fractional tracts
Status: in_force

38-08-08. Integration of fractional tracts

1. When two or more separately owned tracts are embraced within a spacing unit, or

when there are separately owned interests in all or a part of the spacing unit, then the

owners and royalty owners thereof may pool their interests for the development and

operation of the spacing unit. In the absence of voluntary pooling, the commission

upon the application of any interested person shall enter an order pooling all interests

in the spacing unit for the development and operations thereof. Each such pooling

order must be made after notice and hearing, and must be upon terms and conditions

that are just and reasonable, and that afford to the owner of each tract or interest in

the spacing unit the opportunity to recover or receive, without unnecessary expense,

that owner's just and equitable share. Operations incident to the drilling of a well upon

any portion of a spacing unit covered by a pooling order must be deemed, for all

purposes, the conduct of such operations upon each separately owned tract in the

drilling unit by the several owners thereof. That portion of the production allocated to

each tract included in a spacing unit covered by a pooling order must, when produced,

be deemed for all purposes to have been produced from such tract by a well drilled

thereon. For the purposes of this section and section 38-08-10, any unleased mineral

interest pooled by virtue of this section before August 1, 2009, is entitled to a cost-free

royalty interest equal to the acreage weighted average royalty interest of the leased

tracts within the spacing unit, but in no event may the royalty interest of an unleased

tract be less than a one-eighth interest. An unleased mineral interest pooled after

July 31, 2009, is entitled to a cost-free royalty interest equal to the acreage weighted

average royalty interest of the leased tracts within the spacing unit or, at the operator's

election, a cost-free royalty interest of sixteen percent. The remainder of the unleased

interest must be treated as a lessee or cost-bearing interest.

2. Each such pooling order must make provision for the drilling and operation of a well on

the spacing unit, and for the payment of the reasonable actual cost thereof by the

owners of interests in the spacing unit, plus a reasonable charge for supervision. In the

event of any dispute as to such costs, the commission shall determine the proper

costs. If one or more of the owners shall drill and operate, or pay the expenses of

drilling and operating the well for the benefit of others, then, the owner or owners so

drilling or operating shall, upon complying with the terms of section 38-08-10, have a

lien on the share of production from the spacing unit accruing to the interest of each of

the other owners for the payment of the owner's or owners' proportionate share of

such expenses. All the oil and gas subject to the lien must be marketed and sold and

the proceeds applied in payment of the expenses secured by such lien as provided for

in section 38-08-10.

3. In addition to any costs and charges recoverable under subsections 1 and 2, if the

owner of an interest in a spacing unit elects not to participate in the risk and cost of

drilling a well thereon, the owner paying for the nonparticipating owner's share of the

drilling and operation of a well may recover from the nonparticipating owner a risk

penalty for the risk involved in drilling the well. The recovery of a risk penalty is as

follows:

a. If the nonparticipating owner's interest in the spacing unit is derived from a lease

or other contract for development, the risk penalty is two hundred percent of the

nonparticipating owner's share of the reasonable actual costs of drilling and

completing the well and may be recovered out of, and only out of, production from

the pooled spacing unit, as provided by section 38-08-10, exclusive of any royalty

or overriding royalty.

b. If the nonparticipating owner's interest in the spacing unit is not subject to a lease

or other contract for development, the risk penalty is fifty percent of the

nonparticipating owner's share of the reasonable actual costs of drilling and

completing the well and may be recovered out of production from the pooled

spacing unit, as provided by section 38-08-10, exclusive of any royalty provided

for in subsection 1.

c. The owner paying for the nonparticipating owner's share of the drilling and

operation of a well may recover from the nonparticipating owner a risk penalty for

the risk involved in drilling and completing the well only if the paying owner has

made an unsuccessful, good-faith attempt to have the unleased nonparticipating

owner execute a lease or to have the leased nonparticipating owner join in and

participate in the risk and cost of drilling the well. Before a risk penalty may be

imposed, the paying owner must notify the nonparticipating owner with proof of

service that the paying owner intends to impose a risk penalty and that the

nonparticipating owner may object to the risk penalty by either responding in

opposition to the petition for a risk penalty or if no such petition has been filed, by

filing an application or request for hearing with the industrial commission.
N.D. Cent. Code § 38-02-03 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-03
38-02-03. Discoverer of lode to file location certificate - Contents of certificate
Status: in_force

38-02-03. Discoverer of lode to file location certificate - Contents of certificate

The discoverer of a lode, within sixty days from the date of discovery, shall record the

discoverer's claim in the office of the recorder of the county in which such lode is situated by

filing for record a location certificate containing all of the following:

1. The name of the lode.

2. The name of the locator.

3. The date of location.

4. The number of feet [meters] in length claimed on each side of the discovery shaft.

5. The number of feet [meters] width claimed on each side of the vein or lode.

6. The general course of the lode as near as may be.

Any certificate which does not contain such information and a description to identify the claim

with reasonable certainty is void.
N.D. Cent. Code § 38-12-01 — ND Code / Title 38 / Chapter 38-12 / Section 38-12-01
38-12-01. Definitions (Retroactive application - See note)
Status: in_force

38-12-01. Definitions. (Retroactive application - See note)

As used in this chapter, unless the context otherwise requires:

1. "Commission" means the industrial commission of the state of North Dakota.

2. "Critical mineral" means a nonfuel mineral or material essential to the economic or

national security of the United States and which has a supply chain vulnerable to

disruption. The term includes aluminum, antimony, arsenic, astatine, barite, bauxite,

beryllium, bismuth, cerium, cesium, chromium, cobalt, erbium, fluorspar, friezium,

gallium, germanium, graphite, hafnium, helium, indium, lithium, magnesium,

manganese, neodymium, niobium, platinum group metals, potash, the rare earth

elements group, rhenium, rubidium, samarium, scandium, stralium, strontium,

tantalum, tellurium, thulium, tin, titanium, tungsten, uranium, vanadium, and zirconium

which are chemically bound, embedded, commingled, included, or contained within a

coal seam or coal deposit.

3. "Extraction facility" means any well or mine or other extractive process operated for

the purpose of recovering subsurface minerals.

4. "Operator" means any person who, duly authorized, is in charge of the development of

a lease or the operation of a producing property.

5. "Owner" means the person who has the right to explore for, develop, and produce

subsurface minerals and to appropriate the subsurface minerals the owner produces

either for the owner or for the owner and others.

6. "Person" means and includes any natural person, corporation, limited liability

company, association, partnership, receiver, trustee, executor, administrator, guardian,

fiduciary, or other representative of any kind, and includes any department, agency, or

instrumentality of the state or of any governmental subdivision thereof; the masculine

gender, in referring to a person, includes the feminine and the neuter genders.

7. "Producer" means the owner of an extraction facility which is or has been capable of

producing subsurface minerals.

8. "Rare earth minerals" means any of a series of metallic elements of which the oxides

are classed as rare earths and which include the elements of the lanthanide series,

yttrium, and scandium which are chemically bound, embedded, commingled, included,

or contained within a coal seam or coal deposit.

9. "Subsurface minerals" means all naturally occurring elements and their compounds,

volcanic ash, precious metals, carbonates, and natural mineral salts of boron,

bromine, calcium, fluorine, iodine, lithium, magnesium, phosphorus, potassium,

sodium, thorium, uranium, and sulfur, and their compounds, but does not include sand

and gravel and rocks crushed for sand and gravel.
N.D. Cent. Code § 38-08-09.9 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.9
38-08-09.9. Enlargement of area - Creation of new units - Amendment of plan
Status: in_force

38-08-09.9. Enlargement of area - Creation of new units - Amendment of plan

The unit area of a unit may be enlarged at any time by the commission, subject to the

limitations provided in this chapter to include adjoining portions of the same common source of

supply, including the unit area of another unit, and a new unit created for the unitized

management, operation, and further development of the enlarged unit area, or the plan of

unitization may be otherwise amended, all in the same manner, upon the same conditions and

subject to the same limitations as provided with respect to the creation of a unit in the first

instance, except, that where an amendment to a plan of unitization relates only to the rights and

obligations as between lessees, or the amendment to a plan of unitization or the enlargement of

a unit area is found by the commission to be reasonably necessary in order to effectively carry

on the joint effort, to prevent waste, and to protect correlative rights, and that such will result in

the general advantage of the owners of the oil and gas rights within the unit area and the

proposed enlarged unit area, and the persons and owners in the proposed added unit area have

ratified or approved the plan of unitization as required by section 38-08-09.5, then the

amendment to a plan of unitization or the enlargement of a unit area need not be ratified or

approved by royalty owners of record in the existing unit area provided that written notice

thereof is mailed to the royalty owners by the operator of a unit not more than forty days nor less

than thirty days prior to the commission hearing. The notice must describe the plan for the unit

amendment or enlargement together with the participation factor to be given each tract in the

unit area and in the proposed area and must contain the time and place of the commission

hearing. An affidavit of mailing verifying the notice must be filed with the commission. The notice

must further provide that in the event ten percent of the royalty interests or working interests in

the existing unit area file with the commission at least ten days prior to the commission

proceeding an objection to the plan of enlargement, the commission shall require that the unit

amendment or enlargement be approved by more than fifty-five percent of all royalty interests

and working interests in the existing and proposed areas.
N.D. Cent. Code § 38-08-12 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-12
38-08-12. Commission has power to summon witnesses, administer oaths, and to require production of records
Status: in_force

38-08-12. Commission has power to summon witnesses, administer oaths, and to

require production of records.

1. The commission has the power to summon witnesses, to administer oaths, and to

require the production of records, books, and documents for examination at any

hearing or investigation conducted by it. No person may be excused from attending

and testifying, or from producing books, papers, and records before the commission or

a court, or from obedience to the subpoena of the commission or a court, on the

ground or for the reason that the testimony or evidence, documentary or otherwise,

required of the person may tend to incriminate the person or subject the person to a

penalty or forfeiture; provided, that nothing herein contained may be construed as

requiring any person to produce any books, papers, or records, or to testify in

response to any inquiry not pertinent to some question lawfully before such

commission or court for determination. No natural person may be subjected to criminal

prosecution or to any penalty or forfeiture for or on account of any transaction, matter,

or thing concerning which, in spite of the person's objection, the person may be

required to testify or produce evidence, documentary or otherwise, before the

commission or court, or in obedience to its subpoena; provided, that no person

testifying may be exempted from prosecution and punishment for perjury committed in

so testifying.

2. In case of failure or refusal on the part of any person to comply with the subpoena

issued by the commission, or in case of the refusal of any witness to testify as to any

matter regarding which the person may be interrogated, any court in the state, upon

the application of the commission, may in termtime or vacation issue an attachment for

such person and compel the person to comply with such subpoena, and to attend

before the commission and produce such records, books, and documents for

examination, and to give the person's testimony. Such court has the power to punish

for contempt as in the case of disobedience to a like subpoena issued by the court, or

for refusal to testify therein.
N.D. Cent. Code § 38-09-05 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-05
38-09-05. Board of county commissioners may adopt oil and gas leases on lands subject to delinquent taxes
Status: in_force

38-09-05. Board of county commissioners may adopt oil and gas leases on lands

subject to delinquent taxes.

Any oil and gas lease on lands which are subject to delinquent tax charges may be

confirmed, approved, and adopted by the board of county commissioners on behalf of the

county if such lease is executed by the owner or owners of:

1. The right of redemption to the land described in the lease;

2. The title to such lands; or

3. Any interest therein.

The power conferred under the provisions of this section applies to lands against which tax

charges have been adjusted by contract and to lands which have been forfeited to the county

under tax proceedings and held by the county under tax deeds sufficient to constitute color of

title in the county.
N.D. Cent. Code § 38-11.1-06 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-06
38-11.1-06. Protection of surface and ground water - Other responsibilities of mineral developer
Status: in_force

38-11.1-06. Protection of surface and ground water - Other responsibilities of mineral

developer.

If the domestic, livestock, or irrigation water supply of any person who owns an interest in

real property within one-half mile [804.67 meters] of where geophysical or seismograph

activities are or have been conducted or within one mile [1.61 kilometers] of an oil or gas well

site has been disrupted, or diminished in quality or quantity by the drilling operations and a

certified water quality and quantity test has been performed by the person who owns an interest

in real property within one year preceding the commencement of drilling operations, the person

who owns an interest in real property is entitled to recover the cost of making such repairs,

alterations, or construction that will ensure the delivery to the surface owner of that quality and

quantity of water available to the surface owner prior to the commencement of drilling

operations. Any person who owns an interest in real property who obtains all or a part of that

person's water supply for domestic, agricultural, industrial, or other beneficial use from an

underground source has a claim for relief against a mineral developer to recover damages for

disruption or diminution in quality or quantity of that person's water supply proximately caused

from drilling operations conducted by the mineral developer. Prima facie evidence of injury

under this section may be established by a showing that the mineral developer's drilling

operations penetrated or disrupted an aquifer in such a manner as to cause a diminution in

water quality or quantity within the distance limits imposed by this section. An action brought

under this section when not otherwise specifically provided by law must be brought within six

years of the time the action has accrued. For purposes of this section, the claim for relief is

deemed to have accrued at the time it is discovered or might have been discovered in the

exercise of reasonable diligence.

A tract of land is not bound to receive water contaminated by drilling operations on another

tract of land, and the owner of a tract has a claim for relief against a mineral developer to

recover the damages proximately resulting from natural drainage of waters contaminated by

drilling operations.

The mineral developer is also responsible for all damages to person or property resulting

from the lack of ordinary care by the mineral developer or resulting from a nuisance caused by

drilling operations. This section does not create a cause of action if an appropriator of water can

reasonably acquire the water under the changed conditions and if the changed conditions are a

result of the legal appropriation of water by the mineral developer.
N.D. Cent. Code § 38-02-08 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-08
38-02-08. What location in location certificate construed to contain
Status: in_force

38-02-08. What location in location certificate construed to contain

The location as described in the location certificate of any lode claim must be construed to

include all surface ground within the surface lines thereof, and all lodes and ledges throughout

their entire depth the top or apex of which lies inside of such lines extended vertically, with such

parts of all lodes or ledges as continue by dip beyond the side lines of the claim. Such location

may not include any portion of such lodes or ledges beyond the end lines of the claim, or the

end lines continued, whether by dip or otherwise, nor beyond the side lines in any manner other

than by the dip of the lode.