N.D. Cent. Code § 38-14.1-25 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-25
38-14.1-25. Prohibited mining practices
Status: in_force

38-14.1-25. Prohibited mining practices

1. A permittee may not use any coal or commercial leonardite mine waste piles

consisting of mine wastes, tailings, coal processing wastes, or other liquid or solid

wastes either temporarily or permanently as dams or embankments unless approved

by the commission after consultation with the department of water resources.

2. A permittee may not locate any part of the surface coal mining and reclamation

operations or deposit overburden, debris, or waste materials outside the permit area

for which bond has been posted, except as provided in subsection 24 of section

38-14.1-03.

3. A permittee may not deposit overburden, debris, or waste materials in such a way that

normal erosion or slides brought about by natural causes will permit the same to go

beyond or outside the permit area for which bond has been posted.
N.D. Cent. Code § 38-11.2-05 — ND Code / Title 38 / Chapter 38-11.2 / Section 38-11.2-05
38-11.2-05. Agreement - Offer of settlement
Status: in_force

38-11.2-05. Agreement - Offer of settlement

Unless both parties provide otherwise by written agreement, the mineral developer shall

make a written offer of settlement to the person seeking compensation for damages when the

notice required by section 38-11.2-03 is presented. The person seeking compensation may

accept or reject any offer so made.
N.D. Cent. Code § 38-08-23 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-23
38-08-23. Plats
Status: in_force

38-08-23. Plats

Any person reclaiming a drilling pit or reserve pit after the completion of oil and gas drilling

operations shall record an accurate plat certified by a registered surveyor showing the location

of the well and notice that an abandoned drilling pit or reserve pit may be on the location within

six months of the completion of the reclamation with the recorder of the county in which the

drilling pit or reserve pit is located. A plat filed for record in accordance with this section may be

recorded without acknowledgment or further proof as required by chapter 47-19 and without the

auditor's certificate referred to in section 11-18-02.
N.D. Cent. Code § 38-08-10 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-10
38-08-10. Development and operating costs of integrated fractional tracts
Status: in_force

38-08-10. Development and operating costs of integrated fractional tracts

A person to whom another is indebted for expenses incurred in drilling and operating a well

on a drilling unit required to be formed as provided for in section 38-08-08, may, in order to

secure payment of the amount due, fix a lien upon the interest of the debtor in the production

from the drilling unit or the unit area, as the case may be, by filing for record, with the recorder

of the county where the property involved, or any part thereof, is located, an affidavit setting

forth the amount due and the interest of the debtor in such production. The person to whom the

amount is payable may, at the expense of the debtor, store all or any part of the production upon

which the lien exists until the total amount due, including reasonable storage charges, is paid or

the commodity is sold at foreclosure sale and delivery is made to the purchaser. The lien may

be foreclosed as provided for with respect to foreclosure of a lien on chattels.
N.D. Cent. Code § 38-14.1-23 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-23
38-14.1-23. Permit revision
Status: in_force

38-14.1-23. Permit revision

1. During the term of the permit the permittee may submit an application for a revision of

the permit, together with a revised reclamation plan, to the commission.

2. An application for a revision of a permit may not be approved unless the commission

finds that reclamation as required by this chapter can be accomplished under the

revised reclamation plan. The revision must be approved or disapproved within a

reasonable time as established by commission regulation. The commission shall

establish guidelines for a determination of the scale or extent of a revision request for

which all permit application information requirements and procedures, including notice

and hearing, shall apply. Any revisions which propose significant alterations in the

reclamation plan are, at a minimum, subject to the notice and hearing requirements of

sections 38-14.1-18, 38-14.1-19, and 38-14.1-20.

3. Any extensions to the area covered by the permit except incidental boundary revisions

must be made by application for another permit.

4. No transfer, assignment, or sale of the rights granted under any permit issued

pursuant to this chapter may be made without the written approval of the commission.

The commission shall deny approval to the successor in interest of the permittee if the

successor in interest is unable to obtain the bond coverage of the original permittee or

its equivalent. If the successor in interest is able to obtain the bond coverage of the

original permittee, or its equivalent, the successor in interest may arrange for the

continuation of surface mining and reclamation operations according to the approved

surface mining and reclamation plan of the original permittee pending commission

approval of the transfer, assignment, or sale of the rights granted under said permit

and any necessary revision or modification of said permit, provided the successor in

interest furnishes the necessary information to the commission within thirty days of

succeeding to such interest so that the permit in issue can be properly revised or

modified.

5. The commission shall, within a time limit prescribed by commission regulation, review

outstanding permits and may require reasonable revision or modification of the permit

provisions during the term of such permit. Any such revision or modification must be

based upon a written finding and subject to notice and hearing requirements in

accordance with sections 38-14.1-18, 38-14.1-19, and 38-14.1-20.

6. A permittee may withdraw any land described in either the permit application required

in section 38-14.1-14 or the extended mining plan required in section 38-14.1-15,

except land on which surface coal mining operations have commenced, by notifying

the commission thereof. If land covered by the permit term is so withdrawn, the

amount of the bond or security filed by the permittee pursuant to the provisions of this

chapter must be reduced proportionately.
N.D. Cent. Code § 38-10-12 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-12
38-10-12. Appointment of trustee to execute mineral lease if contingent future interests are involved
Status: in_force

38-10-12. Appointment of trustee to execute mineral lease if contingent future

interests are involved.

If lands, or any estate or interest therein, are subject to any contingent future interest, legal

or equitable, by way of remainder, reversion, or possibility of reverter, upon the happening of a

condition subsequent, or otherwise, created by deed, will, or otherwise, and whether a trust is

involved or not, and it is made to appear that it will be advantageous to the present and ultimate

owners of said lands or estate or interest therein, the district court of the county in which the

land or a portion thereof is situated has the power, pending the happening of any contingency

and the vesting of such future interest or interests, to declare a trust in said lands or estate or

interest therein, appoint a trustee therefor, and to authorize such trustee to sell, on such terms

and containing such conditions as the court may prescribe, execute and deliver a valid oil, gas,

coal, or other mineral lease covering said lands or estate or interest therein. If a trust is in

existence and there is a trustee serving under the trust, the trustee appointed by the court under

this section must be the same trustee or trustees as are serving under the existing trust. All

proceedings must substantially comply with that provided for the administration of trusts in

chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19.
N.D. Cent. Code § 38-14.1-18 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-18
38-14.1-18. Permit application procedures - Notice requirements
Status: in_force

38-14.1-18. Permit application procedures - Notice requirements

1. At the time of filing an application for a permit, or for revision of an existing permit, the

applicant shall submit to the commission a copy of the applicant's advertisement of the

ownership, precise location, and boundaries of the land proposed to be affected by the

permit or permit revision and the location where the application is available for public

inspection. Such advertisement must include notification to any person with an interest

which is or may be adversely affected that a petition to designate an area as

unsuitable for surface coal mining operations that is within the proposed permit area

must be filed within thirty days of the last publication of the notice. The permit applicant

shall place such advertisement in the official newspaper of each county wherein land

to be included within the permit area lies and in other daily newspapers of general

circulation in the locality of the proposed surface coal mining operation at least once a

week for four consecutive weeks from the date of filing the application for a permit.

Affidavits of publication for all advertisements published pursuant to this subsection

must be furnished to the commission by the permit applicant.

2. The permit applicant shall also conduct a search of the records of the county recorder

for each county for land within the proposed permit area and shall supply the

commission with a list of names and addresses of all owners of surface rights of land

within the proposed permit area and a list of all subsurface mineral owners within the

proposed permit area. The lists must be submitted to the commission along with the

application for a permit or permit revision.

3. Upon receipt of an application for a permit, or a revision thereof, the commission shall

serve notice upon state agencies specified in subsection 2 of section 38-14.1-21, city

and county governmental authorities, planning agencies, sewage and water treatment

authorities, and water companies in the locality of the proposed surface coal mining

operation of the permit applicant's intent to surface mine the particularly described

tract of land, indicating the application's permit number and where a copy of the

proposed mining and reclamation plan may be inspected, and informing them of their

right to submit written comments or objections pursuant to this section with respect to

the effect of the proposed surface coal mining operations on the environment within

their area of responsibility.

4. In addition, the commission shall send by certified mail to all owners of surface rights

of the land to be included within the permit area a notice of the opportunity to submit

comments or objections pursuant to this section on the proposed permit application

and its effect on the environment and the surface owner. This notice must also inform

each surface owner of the surface owner's right to request an informal conference

within the time prescribed in subsection 5 and of the surface owner's right to request a

formal hearing within thirty days of the ruling of the commission pursuant to subsection

3 of section 38-14.1-30.

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

agencies other than the commission, has the right to file written comments or

objections to the application for a proposed initial or revised permit and to submit a

request for an informal conference pursuant to section 38-14.1-19, provided that the

written comments or objections and any request for an informal hearing are made

within thirty days after the last publication of the advertisement referred to in

subsection 1.

6. Any comments, objections, and requests for an informal conference must immediately

upon receipt be transmitted to the permit applicant by the commission and must be

made available to the public at the same location as is the permit application.
N.D. Cent. Code § 38-20-02 — ND Code / Title 38 / Chapter 38-20 / Section 38-20-02
38-20-02. Filing bylaws and amendments
Status: in_force

38-20-02. Filing bylaws and amendments

In accordance with subsection 9 of article V of the compact, the interstate mining compact

commission shall file copies of its bylaws and any amendments thereto with the governor and

public service commission.
N.D. Cent. Code § 38-08.1-03.1 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-03.1
38-08.1-03.1. Surety bond - Certificate - Release
Status: in_force

38-08.1-03.1. Surety bond - Certificate - Release

1. A geophysical exploration contractor desiring to engage in geophysical exploration in

this state shall file with the commission a good and sufficient surety bond in the

amount of fifty thousand dollars if the contractor intends to conduct shot hole

operations or in the amount of twenty-five thousand dollars if the contractor intends to

use any other method of geophysical exploration. Each subcontractor engaged by the

geophysical exploration contractor for the drilling or plugging of seismic shot holes

must file with the commission a good and sufficient surety bond in the amount of ten

thousand dollars. The bond must be in a form prescribed by the commission and must

indemnify all owners of property within the state, including the state and its political

subdivisions, against physical damages to property which may result from geophysical

exploration and the plugging of drill holes. The bond must cover all geophysical

exploration and plugging operations conducted within one year of the date the bond is

issued and must be automatically renewed unless the commission and the person

covered by the bond receive notice sixty days before any anniversary date of the

surety's intent not to renew the bond. If the surety does not renew the geophysical

exploration contractor's bond, the surety's liability under the bond ceases six years

from the date that geophysical exploration or reclamation covered by the bond was

last conducted in the state. If the surety does not renew the drilling or plugging bond,

the surety's liability under the bond ceases two years from the date the drilling and

plugging covered by the bond was last conducted in this state. A person required to

post a bond under this subsection may post cash or a certificate of deposit in lieu of

the bond under rules adopted by the commission.

2. The aggregate liability of the surety on the bond may in no event exceed the amount of

the bond.

3. Upon filing the bond required by this section and presenting a certificate of authority to

transact business in this state issued under section 10-19.1-136, a certificate of

incorporation issued under chapter 10-19.1, or some other certificate issued by the

secretary of state showing the name of the person designated as resident agent for

service of process, the commission shall issue to the person desiring to engage in

geophysical exploration or plugging operations or any subcontractor of that person a

certificate showing that the bond has been filed and showing the name and address of

the surety company and the name of the person designated resident agent for service

of process.

4. The proceeds of a surety bond become the property of the commission or the cash or

certificate of deposit posted in lieu of a surety bond may not be returned to that person

if the principal or person posting the bond, cash, or certificate of deposit fails to comply

with this chapter and rules adopted by the commission under this chapter. This must

be determined by the commission after notice and hearing in accordance with rules

adopted by the commission. Notice of the hearing must be given to the principal and

surety on the bond or to the person posting the cash or certificate of deposit by mailing

a copy of the notice of hearing and a copy of a complaint, stating the grounds for

forfeiture to them, filed by the commission. This must be done by certified mail, return

receipt requested, and addressed to their last-known address listed with the

commission. If the principal or surety or person posting the cash or certificate of

deposit has a defense to, or otherwise wishes to contest the complaint of the

commission, that person must file a written statement or answer setting forth the

defense with the commission at least three business days before the commission

hearing. Any defense or reason for contesting the complaint is waived if that person

fails to do so. The commission may treat the failure to file a defense or reason to

contest the complaint or the failure to appear at the hearing as default by the party. If

the commission determines the principal on the bond or the person posting the cash or

certificate of deposit as security has complied with this chapter and rules adopted by

the commission under this chapter, including the proper plugging of wells and seismic

holes and reclamation of the surrounding affected area, with respect to all operations

secured by the bond, the commission shall release the obligation of the bond or return

the cash or certificate of deposit upon its next anniversary date.
N.D. Cent. Code § 38-19-09 — ND Code / Title 38 / Chapter 38-19 / Section 38-19-09
38-19-09. Disposition of unusable products
Status: in_force

38-19-09. Disposition of unusable products

Products for which there is no beneficial use and which the commission determines to be

hazardous must be disposed of in accordance with the provisions of chapter 38-23 and other

state laws and regulations regarding the management of hazardous waste.
N.D. Cent. Code § 38-21-03 — ND Code / Title 38 / Chapter 38-21 / Section 38-21-03
38-21-03. Continuing appropriation - Cap
Status: in_force

38-21-03. Continuing appropriation - Cap

All money collected under section 38-21-01 must be deposited in the fund established by

that section. The fund must be maintained as a special fund and all money transferred into the

fund is appropriated and must be used and disbursed solely for the purposes described in

section 38-21-02. If, however, the fund reaches five hundred thousand dollars, any additional

money collected under section 38-21-01 must be deposited in the general fund, provided there

are no outstanding obligations to be paid by the fund.
N.D. Cent. Code § 38-02-14 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-14
38-02-14. Certificate containing more than one location is void - Exception
Status: in_force

38-02-14. Certificate containing more than one location is void - Exception

No location certificate may claim more than one location, whether the location is made by

one or several locators. If the certificate purports to claim more than one location, it is absolutely

void except as to the first location therein described. If the locations are described together in

the certificate so that it is not clear which location first is described, the certificate is void as to all

locations.
N.D. Cent. Code § 38-14.2-13 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-13
38-14.2-13. Public hearing on disposition of acquired lands
Status: in_force

38-14.2-13. Public hearing on disposition of acquired lands

The commission, when requested, shall hold a public hearing, with the appropriate public

notice, in the county or counties in which lands acquired pursuant to this chapter are located.

The hearings must be held at a time which affords local citizens and governments the maximum

opportunity to participate in the decision concerning the use or disposition of the lands after

restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal

mining or noncoal mining practices. The hearing must be conducted pursuant to chapter 28-32.
N.D. Cent. Code § 38-13.1-01 — ND Code / Title 38 / Chapter 38-13.1 / Section 38-13.1-01
38-13.1-01. Trusts for unlocatable mineral, leasehold, or royalty interest owners - Creation
Status: in_force

38-13.1-01. Trusts for unlocatable mineral, leasehold, or royalty interest owners -

Creation.

A person that owns a mineral, leasehold, or royalty interest underlying a tract of land may

petition the district court of the county in which the tract or a portion of the tract is located to

declare a trust in favor of other persons also owning or claiming an interest in the mineral,

leasehold, or royalty interest underlying the tract if the place of residence and present

whereabouts of the other persons are unknown and cannot reasonably be ascertained. In

requesting the appointment of a trustee, the petitioner must show that a diligent but

unsuccessful effort to locate the absent owner or claimant has been made and that appointment

of a trustee will be in the best interest of all owners of an interest in the mineral, leasehold, or

royalty interest. After determining that these conditions have been met, the court shall appoint

the county treasurer as trustee and shall authorize the county treasurer to execute and deliver

an oil, gas, or other mineral lease, a ratification, a division order, or any other related document

or instrument on the terms and the conditions as the court may approve. A trust in existence on

August 1, 2007, may be transferred to the county treasurer of the county in which the mineral,

leasehold, or royalty interest is located.
N.D. Cent. Code § 38-08-09.14 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.14
38-08-09.14. Severability of provisions
Status: repealed

38-08-09.14. Severability of provisions

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 38-23-03 — ND Code / Title 38 / Chapter 38-23 / Section 38-23-03
38-23-03. Jurisdiction of the commission and duties
Status: in_force

38-23-03. Jurisdiction of the commission and duties

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

private, necessary to enforce this chapter. The commission may investigate and

determine whether facts exist justifying action by the commission. The state geologist

shall act as a supervisor charged with the duty of enforcing the regulations and orders

of the commission applicable to this chapter.

2. The commission acting through the state geologist may:

a. Serve as the point of contact for the federal department of energy or any other

federal agency on any matter related to the long-term or temporary storage or

permanent disposal of high-level radioactive waste.

b. Issue a notice of disapproval regarding a proposed high-level radioactive waste

facility in accordance with federal law when the legislative assembly is not in

session. Before issuing a notice of disapproval, the commission shall consult with

the high-level radioactive waste advisory council and the local government

entities with jurisdiction over the area where the proposed high-level radioactive

waste facility is to be located.

3. Only the legislative assembly may issue a notice of disapproval during a legislative

session.

4. The commission, acting through the state geologist, may:

a. Take any action necessary to assert the state's rights relating to the exploration of

a suitable location for a high-level radioactive waste facility within the state,

including providing comments to a federal agency or initiating litigation.

b. Enter agreements with the federal government regarding high-level radioactive

waste regulation and facility siting and accept available funds for deposit into the

high-level radioactive waste fund.

c. Adopt and enforce rules and orders to effectuate the purpose and intent of this

chapter.

d. Require:

(1) Identification of ownership of all high-level radioactive waste facilities and

equipment used for high-level radioactive waste storage or disposal.

(2) The delivery to the state geologist of basic exploration data collected, within

thirty days of field collection of such data, free of charge. Data includes:

(a) Sample cuts, core chips, or whole cores;

(b) Sample logs, radioactivity logs, resistivity logs, or other types of

electrical or mechanical logs;

(c) Elevation and location information on data collection points; and

(d) Other pertinent information required by the state geologist.

(3) The filing of monthly reports in the manner prescribed by the commission

and any other reports deemed necessary by the commission.

(4) The conducting of all exploration, storage, and disposal operations in a

manner to prevent pollution of freshwater supplies and to provide for the

protection of the environment, public safety, and economic interests.

(5) The reclamation of all land disturbed by operations regulated by this chapter

to a condition consistent with prior land use and productive capacity. A

permanent marker is to be erected and maintained over the disposal site.

(6) 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. The person required to furnish the bond may elect

to deposit under such terms as the commission may prescribe a collateral

bond, cash, or any alternative form of security approved by the commission,

or combination thereof, by which an operator assures faithful performance of

all requirements of this chapter and the rules and orders of the commission.

(7) The payment of fees for services performed by the commission, including

costs associated with the investigation, review, and processing of the

application; monitoring and inspection of the exploration site; monitoring and

inspection of the facility; and environmental and monetary impact of the

facility. The commission shall set the amount of the fee based on the

anticipated actual cost of services rendered and impact to the state and

local area. The commission shall set the annual operating fee for a facility

permit to be dependent on the size and scope of the facility, but the fee may

not be less than one million dollars. Unless otherwise provided by statute,

fees collected by the commission must be deposited in the high-level

radioactive waste fund, according to procedures established by the state

treasurer.

e. Regulate:

(1) The drilling, boring, excavating, and abandonment of all exploration holes

drilled for the purpose of obtaining information regarding high-level

radioactive waste storage or disposal.

(2) The drilling, boring, excavating, construction, and operation of all high-level

radioactive waste facilities.

f. Inspect all exploration, development, and high-level radioactive waste facility

sites. For purposes of this subsection, the commission may access all

exploration, development, or operational records of inspection and may require

the operator's assistance if necessary.
N.D. Cent. Code § 38-11-05 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-05
38-11-05. Bidding or offers
Status: repealed

38-11-05. Bidding or offers

Repealed by S.L. 1977, ch. 322, § 9.
N.D. Cent. Code § 38-15-04 — ND Code / Title 38 / Chapter 38-15 / Section 38-15-04
38-15-04. Procedure
Status: in_force

38-15-04. Procedure

The administrative procedure involved in the adoption of any rules or regulations, or the

issuance of any orders, by the commission under the provisions of this chapter must be in

accordance with the provisions of chapter 38-08 governing the procedure in the administration

of the Oil and Gas Conservation Act; provided, however, that in the event of any emergencies

found to exist by the commission which in its judgment requires the making, revoking, changing,

amending, modifying, altering, enlarging, renewal or extension of renewal, regulation, or order

without first having a hearing, the emergency rule, regulation, or order has the same validity as

if a hearing with respect to the same had been held after due notice. The emergency rule,

regulation, or order permitted by this section remains in force no longer than fifteen days from its

effective date, and in any event expires when the rule, regulation, or order, made after due

notice and hearing with respect to the subject matter of the emergency rule, regulation, or order,

becomes effective.
N.D. Cent. Code § 38-14.1-36 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-36
38-14.1-36. Assessment of costs - Attorney's fees
Status: in_force

38-14.1-36. Assessment of costs - Attorney's fees

1. Whenever an order is issued as a result of any administrative proceeding under this

chapter, at the request of any party, a sum equal to the aggregate amount of all costs

and expenses, including attorney's fees as determined by the commission to have

been reasonably incurred by such party for or in connection with the party's

participation in such proceedings, may be assessed against any party as the

commission deems proper.

2. The court, in issuing any final order pursuant to chapter 28-32 in review of commission

proceedings under this chapter may assess costs, including attorney's fees against

any party whenever the court determines such award is appropriate.

3. The court, in issuing any final order in a civil action brought under section 38-14.1-40

by any person having an interest which is or may be adversely affected to compel

compliance with this chapter, may award costs of litigation, including attorney's and

expert witness fees, to any party whenever the court determines such award is

appropriate.

4. In civil proceedings pertaining to this chapter, the provisions of this section govern as

herein provided, rather than those provided for in section 28-26-01.
N.D. Cent. Code § 38-08-06.3 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-06.3
38-08-06.3. Information statement to accompany payment to royalty owner - Penalty
Status: in_force

38-08-06.3. Information statement to accompany payment to royalty owner - Penalty

Any person who makes a payment to an owner of a royalty interest in land in this state for

the purchase of oil or gas produced from that royalty interest shall provide with the payment to

the royalty owner an information statement that will allow the royalty owner to clearly identify the

amount of oil or gas sold and the amount and purpose of each deduction made from the gross

amount due. The statement must be on forms approved by the industrial commission and

contain the information that the commission prescribes by rule. A person who fails to comply

with the requirements of this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 38-08-04.11 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04.11
38-08-04.11. Cash bond fund for plugging oil and gas wells and reclamation of oil and gas well sites - Appropriation
Status: in_force

38-08-04.11. Cash bond fund for plugging oil and gas wells and reclamation of oil and

gas well sites - Appropriation.

1. There is hereby created a cash bond fund for the plugging of abandoned oil and gas

wells and the reclamation of abandoned oil and gas well sites.

2. From all moneys held or controlled by the commission under paragraph 4 of

subdivision a of subsection 1 of section 38-08-04, there is to be deposited in the cash

bond fund such amount as determined by the commission but such amount may not

exceed an amount equal to an annual return of two percent of the cash bond deposit.

3. Moneys in the cash bond fund are hereby appropriated to the commission to be used

for the following purposes:

a. Defraying costs incurred in the plugging of abandoned oil and gas wells, and

related activities.

b. Defraying costs incurred in the reclamation of abandoned oil and gas drilling and

production sites, saltwater disposal pits, drilling fluid pits, and access roads, and

related activities.
N.D. Cent. Code § 38-08-04 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04
38-08-04. Jurisdiction of commission
Status: in_force

38-08-04. Jurisdiction of commission

1. The commission has continuing jurisdiction and authority over all persons and

property, public and private, necessary to enforce effectively the provisions of this

chapter. The commission has authority, and it is its duty, to make such investigations

as it deems proper to determine whether waste exists or is imminent or whether other

facts exist which justify action by the commission. The commission has the authority:

a. To require:

(1) Identification of ownership of oil or gas wells, producing leases, tanks,

plants, structures, and facilities for the transportation or refining of oil and

gas.

(2) The making and filing with the industrial commission of all resistivity,

radioactivity, and mechanical well logs and the filing of directional surveys, if

taken, and the filing of reports on well location, drilling, and production.

(3) The drilling, casing, operation, and plugging of wells in such manner as to

prevent the escape of oil or gas out of one stratum into another, the intrusion

of water into oil or gas strata, the pollution of freshwater supplies by oil, gas,

or saltwater, and to prevent blowouts, cavings, seepages, and fires.

(4) 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 industrial commission, including without limitation a bond

covering the operation of any underground gathering pipeline transferring oil

or produced water from a production facility for disposal, storage, or sale

purposes, except that if the commission requires a bond to be furnished, the

person required to furnish the bond may elect to deposit under such terms

and conditions as the industrial commission may prescribe a collateral bond,

self-bond, cash, or any alternative form of security approved by the

commission, or combination thereof, by which an operator assures faithful

performance of all requirements of this chapter and the rules and orders of

the industrial commission.

(5) That the production from wells be separated into gaseous and liquid

hydrocarbons, and that each be accurately measured by such means and

upon such standards as may be prescribed by the commission.

(6) The operation of wells with efficient gas-oil and water-oil ratios, and to fix

these ratios.

(7) Certificates of clearance in connection with the transportation or delivery of

oil, gas, or any product.

(8) Metering or other measuring of oil, gas, or product related to production in

pipelines, gathering systems, storage tanks, barge terminals, loading racks,

refineries, or other places, by meters or other measuring devices approved

by the commission.

(9) Every person who produces, sells, purchases, acquires, stores, transports,

refines, disposes of, or processes oil, gas, saltwater, or other related oilfield

fluids in this state to keep and maintain within this state complete and

accurate records of the quantities thereof, which records must be available

for examination by the commission or its agents at all reasonable times, and

to file with the commission reports as the commission may prescribe with

respect to oil or gas or the products thereof. An oil and gas production report

need not be notarized but must be signed by the person submitting the

report.

(10) The payment of fees for services performed. The amount of the fee shall be

set by the commission based on the anticipated actual cost of the service

rendered. Unless otherwise provided by statute, all fees collected by the

commission must be deposited in the general fund of this state, according to

procedures established by the state treasurer.

(11) The filing free of charge of samples and core chips and of complete cores

when requested in the office of the state geologist within six months after

the completion or abandonment of the well.

(12) The placing of wells in abandoned-well status which have not produced oil

or natural gas in paying quantities for one year. A well in abandoned-well

status must be promptly returned to production in paying quantities,

approved by the commission for temporarily abandoned status, approved by

the commission for enhanced oil recovery potential status, or plugged and

reclaimed within six months. If none of the four preceding conditions are

met, the industrial commission may require the well to be placed

immediately on a single-well bond in an amount equal to the cost of

plugging the well and reclaiming the well site. In setting the bond amount,

the commission shall use information from recent plugging and reclamation

operations. After a well has been in abandoned-well status for one year, the

well's equipment, all well-related equipment at the well site, and salable oil

at the well site are subject to forfeiture by the commission. If the commission

exercises this authority, section 38-08-04.9 applies. After a well has been in

abandoned-well status for one year, the single-well bond referred to above,

or any other bond covering the well if the single-well bond has not been

obtained, is subject to forfeiture by the commission. A surface owner may

request a review of the enhanced oil recovery potential status of a well that

has been on enhanced oil recovery potential status for at least twelve years.

The commission shall require notice and hearing to review the enhanced oil

recovery potential status. After notice and hearing, the surface owner may

request a review of the enhanced oil recovery potential status every two

years. A surface owner may request a review of the temporarily abandoned

status of a well that has been on temporarily abandoned status for at least

seven years. The commission shall require notice and hearing to review the

temporarily abandoned status. After notice and hearing, the surface owner

may request a review of the temporarily abandoned status every two years.

b. To regulate:

(1) The drilling, producing, and plugging of wells, the restoration of drilling and

production sites, and all other operations for the production of oil or gas.

(2) The shooting and chemical treatment of wells.

(3) The spacing of wells.

(4) Operations to increase ultimate recovery such as cycling of gas, the

maintenance of pressure, and the introduction of gas, water, or other

substances into producing formations.

(5) Disposal of saltwater and oilfield wastes.

(a) The commission shall give all affected counties written notice of

hearings in such matters at least fifteen days before the hearing.

(b) The commission may consider, in addition to other authority granted

under this section, safety of the location and road access to saltwater

disposal wells, treating plants, and all associated facilities.

(6) The underground storage of oil or gas.

(7) The location and operation of wellhead and lease equipment, oil and gas

separators, emulsion treaters, boilers, electric generators, flares, newly

constructed underground gathering pipelines, flare mitigation systems, and

all other equipment located at or on an oil or gas well site or underground

gathering pipeline facility.

c. To limit and to allocate the production of oil and gas from any field, pool, or area

and to establish and define as separate marketing districts those contiguous

areas within the state which supply oil and gas to different markets, and to limit

and allocate the production of oil and gas for each separate marketing district.

d. To classify wells as oil or gas wells for purposes material to the interpretation or

enforcement of this chapter, to classify and determine the status and depth of

wells that are stripper well property as defined in section 57-51.1-01, to certify to

the tax commissioner which wells are stripper wells as defined in section

57-51.1-01 and the depth of those wells, and to certify to the tax commissioner

which wells involve secondary or tertiary recovery operations as defined in

section 57-51.1-01, and the date of qualification for the oil extraction tax

exemption for secondary and tertiary recovery operations.

e. To adopt and to enforce rules and orders to effectuate the purposes and the

intent of this chapter and the commission's responsibilities under chapter 57-51.1.

When adopting a rule, issuing an order, or creating a policy, the commission shall

give due consideration to the effect of including locations within this state which

may also be under the jurisdiction of the federal government or a tribal

government. When reporting information resulting from adopting a rule, issuing

an order, or creating a policy that affects locations within this state which may

also be under the jurisdiction of the federal government or a tribal government,

the commission shall provide sufficient information to indicate the effect of

including locations that may also be under the regulatory jurisdiction of the federal

government or a tribal government.

f. To provide for the confidentiality of well data reported to the commission if

requested in writing by those reporting the data for a period not to exceed six

months. However, the commission may release:

(1) Volumes injected into a saltwater injection well.

(2) Information from the spill report on a well on a site at which more than ten

barrels of fluid, not contained on the well site, was released for which an

oilfield environmental incident report is required by law.

2. A person controlling or operating a well, pipeline, receiving tank, storage tank, treating

plant, or other receptacle or production facility associated with oil and gas, or with

water production, injection, processing, or well servicing, shall report to the

commission any leak, spill, or release of fluid. A report to the commission is not

required if the leak, spill, or release is crude oil, produced water, or natural gas liquids

in a quantity of less than ten barrels cumulative over a fifteen-day time period, remains

on the site or facility, and is on a well site where the well was spud after September 1,

2000, or on a facility, other than a well site, constructed after September 1, 2000.

3. Any written violation notice issued by the commission regarding the notification of a

fire, leak, spill, blowout, or leak and spill cleanup must be placed in the well file or

facility file and the files must be available for review by the surface owner.

4. Nothing in this section may be interpreted to modify or supersede applicable

requirements related to oil and gas production under any of the following:

a. Chapter 23.1-06, the federal Clean Air Act [42 U.S.C. 7401 et seq.], as amended,

or rules adopted pursuant to either chapter 23.1-06 or the federal Clean Air Act.

b. Chapter 61-28, the federal Clean Water Act [33 U.S.C. 1251 et seq.], as

amended, or rules adopted pursuant to either chapter 61-28 or the federal Clean

Water Act.
N.D. Cent. Code § 38-08-09.7 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.7
38-08-09.7. Status and powers of unit - Liability for expenses - Liens
Status: in_force

38-08-09.7. Status and powers of unit - Liability for expenses - Liens

Each unit created under the provisions of sections 38-08-09.1 through 38-08-09.16 is a

body politic and corporate, capable of suing, being sued, and contracting as such in its own

name. Each such unit is authorized on behalf and for the account of all the owners of the oil and

gas rights within the unit area, without profit to the unit, to supervise, manage, and conduct the

further development and operations for the production of oil and gas from the unit area,

pursuant to the powers conferred, and subject to the limitations imposed by the provisions of

sections 38-08-09.1 through 38-08-09.16 and by the plan of unitization.

The obligation or liability of the lessee or other owners of the oil and gas rights in the

several separately owned tracts for the payment of unit expense is at all times several and not

joint or collective and in no event may a lessee or other owner of the oil and gas rights in the

separately owned tract be chargeable with, obligated or liable, directly or indirectly, for more

than the amount apportioned, assessed, or otherwise charged to that person's interest in such

separately owned tract pursuant to the plan of unitization and then only to the extent of the lien

provided for within sections 38-08-09.1 through 38-08-09.16.

Any nonsigning working interest owner may withdraw from the unit to which that person's

interest is committed by transferring, without warranty of title, either express or implied, to the

unit operator on the behalf of the other working interest owners, all of that person's working

interest in all unit equipment and in all wells used in unit operations. The instrument of transfer

must be delivered to the unit operator. Such transfer relieves the withdrawing working interest

owner from any liability for unit operations except any incurred pursuant to sections 38-08-09.1

through 38-08-09.16. The interest so transferred is owned by the other working interest owners

in proportion to their respective participation in the unit. The unit operator, on the behalf of the

other working interest owners, in proportion to their respective interests so acquired, shall pay

the transferor for the transferor's interest in unit equipment and wells the net salvage value

thereof as determined by agreement between the transferor and the unit operator. In the event

such net salvage value is not agreed upon within sixty days after such transfer, then either party

may request a hearing of the matter before the commission, and, after notice and hearing, the

commission shall determine such value.

Subject to such reasonable limitations as may be set out in the plan of unitization, the unit

has a first and prior lien upon the leasehold production (exclusive of such interests which are

free of costs, such as royalties, overriding royalties, and production payments) in and to each

separately owned tract, the interest of the owners thereof in and to the unit production in the

possession of the unit, to secure the payment of the amount of the unit expense charged to and

assessed against such separately owned tract. The interest of the lessee or other persons who

by lease, contract, or otherwise are obligated or responsible for the cost and expense of

developing and operating a separately owned tract for oil and gas in the absence of unitization,

must, however, be primarily responsible for and charged with any assessment for unit expense

made against such tract. Any landowner royalty or any overriding royalty, or any production

payment which is a part of the unit production allocated to each separately owned tract must in

all events be regarded as royalty to be distributed to and among, or the proceeds thereof paid to

the royalty owners free and clear of all unit expense and free of any lien thereof.
N.D. Cent. Code § 38-14.1-16 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-16
38-14.1-16. Performance bond - Amount - Sufficiency of surety - Amount of forfeiture
Status: in_force

38-14.1-16. Performance bond - Amount - Sufficiency of surety - Amount of forfeiture

1. As part of a surface coal mining and reclamation permit application, the permit

applicant shall file with the commission, on a form prescribed and furnished by the

commission, a bond for performance payable to the state of North Dakota and

conditional upon faithful performance of all the requirements of this chapter and the

requirements of all regulations promulgated pursuant to this chapter and all permit

terms and conditions.

2. The commission shall set the bond amount sufficient to complete the reclamation plan

in event of forfeiture. The bond for the permit area must be at least ten thousand

dollars.

3. The bond must cover that area of land within the permit area upon which the permittee

will initiate and conduct surface coal mining and reclamation operations for the

ensuing year. Prior to initiating and conducting succeeding increments of surface coal

mining and reclamation operations within the permit area, the permittee shall file with

the commission an additional bond or bonds to cover such increments in accordance

with this section.

4. Liability under the bond, subject to allowable releases under subsection 7 of section

38-14.1-17, is for the duration of the surface coal mining and reclamation operation

and for a period coincident with the permittee's responsibility for revegetation

requirements in subsection 18 of section 38-14.1-24 and until such time as the lands

included in the surface coal mining operation have been approved and released by the

commission. The bond must be executed by the permit applicant and a corporate

surety licensed to do business in North Dakota, except that the permit applicant may

elect to deposit cash, negotiable bonds of the United States or of North Dakota, or

negotiable certificates of deposit of any bank organized or transacting business in the

state. The cash deposit or market value of such securities must be equal to or greater

than the amount of the bond required for the bonded area.

5. Cash or securities so deposited must be deposited upon the same terms as the terms

upon which surety bonds may be deposited. Such securities are security for the

repayment of such negotiable certificate of deposit.

6. A bond filed as prescribed in subsection 2 for areas not yet affected by surface coal

mining and reclamation operations may not be canceled by the surety unless it shall

give not less than ninety days' notice to the commission. For lands on which surface

coal mining and reclamation operations are being conducted, the bond may not be

canceled by the surety unless a substitute surety assuming liability from the initiation

of such operations is obtained and is approved by the commission.

7. If the corporate surety's license is suspended or revoked, the permittee, after notice

from the commission, shall provide a substitute performance bond. If the permittee

fails to make substitution within thirty days, the commission may suspend the permit. If

substitution is not made within ninety days, the commission shall suspend the permit.

8. The commission may accept the bond of the permit applicant itself without separate

surety when the permit applicant demonstrates to the satisfaction of the commission

the existence of a suitable agent to receive service of process and a history of financial

solvency and continuous operation sufficient for authorization to self-insure or bond

such amount.

9. The amount of the bond or deposit required and the terms of each acceptance of the

permit applicant's bond must be adjusted by the commission from time to time as

acreages [hectarages] affected by surface coal mining operations are increased or

decreased or where the cost of future reclamation changes.

10. The amount of any forfeiture of the bond or security must be the amount prescribed in

the permit for each acre [.40 hectare] or portion thereof on which surface coal mining

and reclamation operations are being conducted.
N.D. Cent. Code § 38-08-17 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-17
38-08-17. Action to restrain violation or threatened violation
Status: in_force

38-08-17. Action to restrain violation or threatened violation

1. Whenever it appears that any person is violating or threatening to violate any provision

of this chapter, or any rule, regulation, or order of the commission, the commission

shall bring suit against such person in the district court of any county where the

violation occurs or is threatened, to restrain such person from continuing such violation

or from carrying out the threat of violation. In any such suit, the court has jurisdiction to

grant to the commission, without bond or other undertaking, such prohibitory and

mandatory injunctions as the facts may warrant, including temporary restraining

orders, preliminary injunctions, temporary, preliminary or final orders restraining the

movement or disposition of any illegal oil, illegal gas, or illegal product, any of which

the court may order to be impounded or placed in the custody of an agent appointed

by the court.

2. If the commission fails to bring suit to enjoin a violation or threatened violation of any

provision of this chapter, or any rule, regulation, or order of the commission, within ten

days after receipt of written request to do so by any person who is or will be adversely

affected by such violation, the person making such request may bring suit in the

person's own behalf to restrain such violation or threatened violation in any court in

which the commission might have brought suit. The commission must be made a party

defendant in such suit in addition to the person violating or threatening to violate a

provision of this chapter, or a rule, regulation, or order of the commission, and the

action must proceed and injunctive relief may be granted to the commission without

bond in the same manner as if suit had been brought by the commission.
N.D. Cent. Code § 38-11-02.1 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-02.1
38-11-02.1. Board of university and school lands to oversee all mineral leasing
Status: in_force

38-11-02.1. Board of university and school lands to oversee all mineral leasing

The board of university and school lands shall supervise the issuance of all prospecting

permits and leases for the exploration and mining of state-owned minerals. Any agency of the

state that desires to issue mineral prospecting permits or mineral leases shall do so in

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

by the board of university and school lands. The board of university and school lands does not

have the authority to mandate or to prohibit mineral leasing or mineral prospecting on lands not

under its immediate control, but it has authority to establish standards, policies, terms,

conditions, rules, and regulations for such activity.
N.D. Cent. Code § 38-25-05 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-05
38-25-05. Permit requirements - Storage in oil and gas reservoir
Status: in_force

38-25-05. Permit requirements - Storage in oil and gas reservoir

Before issuing a permit for storage in an oil and gas reservoir, 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.

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 get the consent of all persons

that own the storage reservoir's pore space.

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

that own oil and gas minerals and oil and gas leases.

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

percent of the storage reservoir's pore space unless the percentage required to unitize

the oil and gas unit is otherwise provided for by order of the commission before

August 1, 2021, in which case the percentage in the order required to pool the mineral

interests prevails as to the percentage of pore space owners from whom the storage

operator must obtain consent.

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

percent of the storage reservoir's oil and gas minerals and oil and gas leases unless

the percentage required to unitize the oil and gas unit is otherwise provided for by

order of the commission before August 1, 2021, in which case the percentage in the

order prevails.

8. Whether the storage reservoir contains any commercially valuable oil, gas, or other

minerals and, if it does, a permit may be issued only if the commission is satisfied the

interests of the mineral owners or mineral lessees will not be affected adversely or

have been addressed in an arrangement entered by the mineral owners or mineral

lessees and the storage operator.

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

containing fresh water.

10. The injected oil or gas will not escape from the storage reservoir.

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

12. The storage facility is in the public interest.

13. The vertical boundaries of the storage reservoir are defined to include any necessary

or reasonable buffer zones for the purpose of ensuring the safe operations of the

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

escape or migration of oil or gas therefrom.

14. The horizontal extent of the injected gas within the storage reservoir, as estimated by

reasonable means and confirmed through appropriate monitoring methods, are

defined to include any necessary or reasonable buffer zones for the purpose of

ensuring the safe operations of the storage facility and to protect the storage facility

against pollution, invasion, and escape or migration of oil or gas therefrom.

15. 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.

16. 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.

17. 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.

18. All nonconsenting owners are or will be compensated equitably.
N.D. Cent. Code § 38-02-01 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-01
38-02-01. Length of lode claim - Limitations
Status: in_force

38-02-01. Length of lode claim - Limitations

The length of any lode claim located within this state may not exceed one thousand five

hundred feet [457.2 meters] along the vein or lode.
N.D. Cent. Code § 38-11.2-08 — ND Code / Title 38 / Chapter 38-11.2 / Section 38-11.2-08
38-11.2-08. Application of chapter
Status: in_force

38-11.2-08. Application of chapter

The remedies provided by this chapter do not preclude any person from seeking other

remedies allowed by law. This chapter does not apply to the operation, maintenance, or use of a

motor vehicle upon the highways of this state as these terms are defined in section 39-01-01.
N.D. Cent. Code § 38-14.1-24 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-24
38-14.1-24. Environmental protection performance standards
Status: in_force

38-14.1-24. Environmental protection performance standards

General performance standards are applicable to all surface coal mining and reclamation

operations and must require the permittee at a minimum to:

1. Conduct surface coal mining operations so as to maximize the utilization and

conservation of the coal or commercial leonardite being recovered so that re-affecting

the land in the future through surface coal mining can be minimized.

1.1. Conduct any auger mining associated with surface coal mining operations in a manner

that will maximize recoverability of coal or commercial leonardite and other mineral

reserves remaining after mining activities and reclamation operations are completed,

and seal or fill all auger holes as necessary to ensure long-term stability of the area

and minimize any adverse impact to the environment or hazard to public health or

safety. The commission may prohibit auger mining if necessary to maximize the

utilization, recoverability, or conservation of coal or commercial leonardite resources,

to ensure long-term stability, or to protect against any adverse impact to the

environment or hazard to public health or safety.

2. Restore the land affected to a condition capable of supporting the uses which it was

capable of supporting prior to any mining, or higher or better uses approved by the

commission, which may include industrial, commercial, agricultural, residential,

recreational, or public facilities. In approving the postmining land use, or changes

thereto, the commission shall establish by regulation postmining land use criteria that

must be demonstrated by the permittee and considered by the commission in making

its decision.

3. Backfill, compact (where advisable to ensure stability or to prevent leaching of toxic

materials), and grade to reshape all areas affected by surface coal mining operations

to the gentlest topography consistent with adjacent unmined landscape elements in

order to develop a postmining landscape that will provide for maximum moisture

retention, drainage that will complement the surrounding terrain, maximum stability,

minimum soil losses from runoff and erosion, with all highwalls, spoil piles, and

depressions eliminated (unless small depressions are needed in order to retain

moisture to assist revegetation or as otherwise authorized pursuant to this chapter),

and with maximum postmining graded slopes that do not exceed the approximate

original contour; provided, however, that:

a. A different contour or topography may be required by the commission to better

achieve the approved postmining land use.

b. The permittee, at a minimum, shall backfill, grade, and compact (where

advisable) using all available overburden and other spoil and waste materials to

attain the lowest practicable grade (not to exceed the angle of repose), to provide

adequate drainage, and to contain all toxic materials in order to achieve an

ecologically sound land use compatible with the surrounding region, in those

instances where:

(1) Surface coal mining operations are carried out over a substantial period of

time at the same location where the operation transects the coal or

commercial leonardite deposit;

(2) The thickness of the coal or commercial leonardite deposits relative to the

volume of overburden is large; and

(3) The permittee demonstrates that the overburden and other spoil and waste

materials at a particular point in the permit area or otherwise available from

the entire permit area are insufficient, giving due consideration to volumetric

expansion, to restore the approximate original contour.

4. Stabilize and protect all surface areas, including spoil piles affected by the surface coal

mining and reclamation operation, to effectively control erosion and attendant air and

water pollution.

5. Remove, segregate, and respread suitable plant growth material as required by the

commission within the permit area. The commission may require the permittee to

segregate suitable plant growth material in two or more soil layers. The commission

shall determine the soil layer or layers to be removed based upon the quality and

quantity of suitable plant growth material inventoried by the soil survey required in

subdivision t of subsection 1 of section 38-14.1-14. Based on the soil survey, the

commission shall also determine whether other suitable strata are necessary to meet

revegetation requirements. If other strata can be shown to be suitable and necessary

to meet revegetation requirements, the commission may require the permittee to

determine the areal extent of other suitable strata within the proposed permit area, and

to remove, segregate, protect, and respread such material. If the suitable plant growth

material or other suitable strata cannot be replaced on an approved graded area within

a time short enough to avoid deterioration of such material, the permittee shall

stockpile and stabilize such materials by establishing a successful cover of

quick-growing plants or by other means thereafter so that the suitable plant growth

material or other suitable strata will be protected from wind and water erosion and will

remain free from any contamination by toxic material. In the interest of achieving the

maximum reclamation provided for in this chapter, the permittee may, or at the

discretion of the commission shall, utilize such soil amendments as described in

section 38-14.1-02.

6. For all prime farmlands as identified in paragraph 3 of subdivision a of subsection 2 of

section 38-14.1-14 to be mined and reclaimed, the permittee shall, at a minimum, be

required to:

a. Segregate the A horizon of the natural soil or a combination of the A horizon

materials and other available suitable plant growth materials that will create a

final soil having a productive capacity equal to or greater than that which existed

prior to mining; and if not utilized immediately, stockpile this material and provide

needed protection from wind and water erosion or contamination;

b. Segregate the B horizon of the natural soil, or underlying C horizons or other

strata, or a combination of such horizons or other strata that are shown to be

physically and chemically suitable for plant growth and that can be shown to be

equally or more favorable for plant growth than the B horizon, in sufficient

quantities to create in the regraded final soil a root zone of comparable depth and

quality to that which existed in the natural soil. If not utilized immediately, such

material must be stockpiled and provided needed protection from wind and water

erosion or contamination;

c. Replace the material described in subdivision b with proper compaction and

uniform depth as determined by the commission over the regraded spoil material;

and

d. Redistribute in a uniform manner as determined by the commission the surface

soil described in subdivision a.

7. Create, if authorized in the approved mining and reclamation plan and permit, as part

of reclamation activities, permanent water impoundments in accordance with the

requirements of the department of water resources and all of the following standards:

a. The size of the impoundment will be adequate for its intended purposes.

b. The impoundment dam construction will be designed to achieve necessary

stability with an adequate margin of safety compatible with the requirements of

applicable state law.

c. The quality of impounded water will be suitable on a permanent basis for its

intended use, and discharges from the impoundment will not exceed the quality

limitations imposed by the North Dakota pollutant discharge elimination system or

degrade the water quality below water quality standards established pursuant to

this chapter, whichever is more stringent.

d. The level of water will be reasonably stable.

e. Final grading will provide adequate safety and access for maintenance and

proposed water users.

f. The water impoundments will not result in the diminution of the quality or quantity

of water utilized by adjacent or surrounding landowners for agricultural, industrial,

recreational, or domestic uses.

8. Minimize the disturbances to the prevailing hydrologic balance at the minesite and in

associated offsite areas and to the quality and quantity of water in surface and ground

water systems both during and after surface coal mining operations and during

reclamation by:

a. Avoiding toxic mine drainage by such measures as, but not limited to:

(1) Preventing water from coming in contact with, or removing water from, toxic

producing deposits.

(2) Treating drainage to reduce toxic content which adversely affects

downstream water upon being released to watercourses.

(3) Casing, sealing, or otherwise managing boreholes and wells to keep toxic

drainage from entering ground and surface waters.

b. Conducting surface coal mining operations so as to prevent, to the extent

possible using the best technology currently available, additional contribution of

suspended solids to streamflow, or runoff outside the permit area, but in no event

may contributions be in excess of requirements set by applicable state law.

c. Constructing any siltation structures pursuant to subdivision b prior to

commencement of surface coal mining operations, such structures to be certified

by a registered professional engineer to be constructed as designed and as

approved in the reclamation plan.

d. Cleaning out and removing temporary settling ponds or other siltation structures

from drainways after disturbed areas are revegetated and stabilized and

depositing the silt and debris at a site and in a manner approved by the

commission.

e. Restoring recharge capacity of the mined area to approximate premining

conditions to the extent possible using the best technology currently available.

f. Avoiding natural channel deepening or enlargement in operations requiring the

discharge of water from mines.

g. Preserving throughout the surface coal mining and reclamation process the

essential hydrologic functions of alluvial valley floors.

h. Such other actions as the commission may prescribe.

9. Make such repairs, alterations, or construction as necessary to ensure the delivery of

that quality and quantity of water available prior to mining to a surface owner whose

supply of water for domestic, agricultural, industrial, or other legitimate use has been

disrupted or diminished in quality or quantity by the surface coal mining operation.

Such repairs, alterations, or construction must be considered to be part of reclamation

and must be made at no cost to the surface owner. Nothing in this chapter may be

construed as affecting in any way the right of any person to enforce or protect, under

applicable law, the person's interest in water resources affected by a surface coal

mining operation.

10. Remove or bury all debris and other similar material resulting from the operation and

bury all mine wastes, coal, and commercial leonardite processing wastes unless the

commission approves the surface disposal of such wastes. If the commission

approves the surface disposal of such wastes, the permittee shall stabilize all waste

piles in designated areas through construction in compacted layers, including the use

of incombustible and impervious materials if necessary, to assure that the final contour

of the waste pile will be compatible with natural surroundings and that the site can and

will be stabilized and revegetated according to the provisions of this chapter.

11. Refrain from surface coal mining within five hundred feet [152.4 meters] of

underground mines in order to prevent breakthroughs; provided, that the commission

shall allow a permittee to mine near, through, or partially through an underground mine

if such operations will result in improved resource recovery, abatement of water

pollution, or elimination of hazards to the health and safety of the public.

12. Ensure that all debris, toxic materials, or materials constituting a fire hazard are

treated or buried and compacted or otherwise disposed of in a manner designed to

prevent contamination of ground or surface waters and that contingency plans are

developed to prevent sustained combustion. If a fire hazard exists, the commission

has the authority to require the permittee to take such actions as are necessary to

abate the hazard, both inside and outside the permit area.

13. Ensure that explosives are used only in accordance with existing state law and the

regulations promulgated by the commission, which must include provisions to:

a. Provide adequate advance written notice to local governments and residents who

might be affected by the use of such explosives by the publication of the planned

blasting schedule in a newspaper of general circulation in the locality, by mailing

a copy of the proposed blasting schedule to every resident living within one-half

mile [804.67 meters] of the proposed blasting site, and by providing daily notice to

residents in such areas prior to any blasting.

b. Maintain for a period of at least three years and make available for public

inspection upon request a log detailing the location of the blasts, the pattern and

depth of the drill holes, the amount of explosives used per hole, and the order

and length of delay in the blasts.

c. Limit the type of explosives and detonating equipment, the size, the timing, and

the frequency of blasts based upon the physical conditions of the site so as to

prevent:

(1) Injury to persons.

(2) Damage to public and private property outside the permit area.

(3) Change in the course, channel, or availability of ground or surface water

outside the permit area.

d. Require that all blasting operations be conducted by trained and competent

persons as certified by the commission.

e. Provide that upon the request of a resident or owner of a manmade dwelling or

structure within one mile [1.61 kilometers] of any portion of the permitted area the

permittee shall conduct a preblasting survey of such structures and submit the

survey to the commission and a copy to the resident or owner making the

request. The area of the survey must be decided by the commission and must

include such provisions as the commission may promulgate.

14. Ensure that all reclamation efforts proceed in an environmentally sound manner and

as contemporaneously as practicable with the surface coal mining operations,

provided that all reclamation through the initial planting on any land within the permit

area must be completed by the operator no later than three years from completion of

surface coal mining operations on such lands, unless otherwise prescribed by the

commission.

15. Ensure that the construction, maintenance, and postmining conditions of haul roads

and access roads into and across the site of operations will control or prevent erosion

and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or

private property.

16. Refrain from the construction of haul roads and access roads up a streambed or

drainage channel or in such proximity to such channel so as to seriously alter the

normal flow of water.

17. Restore lands affected by the surface coal mining operation which have been

designated for postmining agricultural purposes to the level of productivity equal to or

greater, under equivalent management practices, than nonmined agricultural lands of

similar soil types in the surrounding area. For those lands which are to be rehabilitated

to native grasslands, a diverse, effective, and permanent vegetative cover must be

established of the same seasonal variety native to the area to be affected and capable

of self-regeneration, plant succession, and at least equal in extent of cover and

productivity to the natural vegetation of the area. The level of productivity and cover

attained on disturbed lands within the permit area must be demonstrated by the

permittee using comparisons with similar lands in the surrounding area having

equivalent historical management practices and that are undisturbed by mining, or

comparable disruptive activities.

18. Assume the responsibility for successful revegetation, as required by subsection 17,

for a period of ten full years after the last year of augmented seeding, fertilizing,

irrigation, or other work, provided that, when the commission approves a long-term

intensive agricultural postmining land use, the ten-year period of responsibility for

revegetation commences at the date of initial planting. However, for previously mined

areas that are affected by remining, the operator's responsibility for successful

revegetation will extend for a period of five full years after the last year of augmented

seeding, fertilizing, irrigation, and other work in order to assure compliance with the

applicable standards. For the purposes of this subsection, "previously mined areas"

are lands that were affected by coal or commercial leonardite mining activities prior to

January 1, 1970, and "augmented seeding, fertilizing, irrigation, or other work" does

not include normal conservation practices recognized locally as good management for

the postmining land use.

19. Place all spoil material from the initial pit or other excess spoil material resulting from

surface coal mining and reclamation activities in such a manner that all of the following

requirements are met:

a. Spoil is transported and placed in a controlled manner in position for concurrent

compaction and in such a way so as to assure mass stability and to prevent mass

movement.

b. The areas of disposal are within the bonded permit areas.

c. Appropriate surface and internal drainage systems and diversion ditches are

used so as to minimize spoil erosion and movement.

d. The disposal area does not contain springs, natural watercourses, or wet weather

seeps unless lateral drains are constructed from the wet areas to the main

underdrains in such a manner that filtration of the water into the spoil pile will be

prevented.

e. If placed on a slope, the spoil is placed upon the most moderate slope among

those upon which, in the judgment of the commission, the spoil could be placed in

compliance with all the requirements of this chapter.

f. The final configuration is compatible with the natural drainage pattern and

surroundings and suitable for intended uses.

g. Design of the spoil disposal area is certified by a registered professional engineer

in conformance with professional standards.

h. All other provisions of this chapter are met.

20. Meet such other criteria as are necessary to achieve reclamation in accordance with

the purposes of this chapter, taking into consideration the physical, climatological, and

other characteristics of the site.

21. To the extent possible using the best technology currently available, minimize

disturbances and adverse impacts of the surface coal mining operation on fish, wildlife,

and related environmental values, and achieve enhancement of such resources where

practicable.
N.D. Cent. Code § 38-02-17 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-17
38-02-17. Conspiracies and mobs against mines - Penalty
Status: repealed

38-02-17. Conspiracies and mobs against mines - Penalty

Repealed by S.L. 1961, ch. 249, § 1.
N.D. Cent. Code § 38-14.1-14 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-14
38-14.1-14. Permit applications - Mining and reclamation plans
Status: in_force

38-14.1-14. Permit applications - Mining and reclamation plans

1. The permit application must be submitted in a manner satisfactory to the commission

and must contain among other things:

a. A legal description of the land for which a permit is sought, so that it may be

identified and distinguished from other lands.

b. An identification of all lands, interests in lands, or options on such interests (both

surface and subsurface) held by the applicant or pending bids on interests in

lands by the applicant, which lands are contiguous to the area to be covered by

the permit.

c. The names and addresses of all of the following:

(1) The permit applicant.

(2) Every legal or equitable owner of record (surface and subsurface) of the

property for which a permit is sought.

(3) The holders of record (surface and subsurface) of any leasehold interest in

the property.

(4) Any purchaser of record (surface and subsurface) of the property under a

real estate contract.

(5) The operator, if the operator is a person different from the permit applicant.

(6) If any of these are business entities other than a single proprietor, the

names and addresses of the principals, officers, and resident agent.

d. The names and addresses of the owners of record of all surface and subsurface

areas adjacent to any part of the permit area as prescribed by the commission by

regulation.

e. If the applicant is a partnership, corporation, limited liability company, association,

or other business entity, the following where applicable:

(1) The names and addresses of every officer, manager, partner, director,

governor, or person performing a function similar to a director, of the permit

applicant.

(2) The name and address of any person owning of record ten percent or more

of any class of voting stock or membership interests of the applicant.

(3) A list of all names under which the applicant, partner, principal shareholder,

or principal member previously operated a surface coal mining operation

within any state within the five-year period preceding the date of the

application.

f. A statement of any current or previous surface coal mining permits in any state

held by the applicant and the permit identification for said permits and for each

pending application.

g. A schedule listing any and all notices of 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.], and any law, rule, or regulation of the United States or of

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

of the state of North Dakota pertaining to air or water environmental protection

incurred by the applicant in connection with any surface coal mining operation

during the three-year period prior to the date of application. The schedule must

also indicate the final resolution of any such notice of violation.

h. A statement of whether the permit applicant, any subsidiary, affiliate, or persons

controlled by or under common control with the permit applicant, has ever held

any federal or state mining permit which in the five-year period prior to the date of

submission of the application has been suspended or revoked, or has had a

mining bond or similar security deposited in lieu of bond forfeited and, if so, a

brief explanation of the facts involved.

i. A copy of the permit applicant's advertisement as required in section 38-14.1-18.

j. A map or plan, to an appropriate scale, clearly showing the land to be affected

within the permit area upon which the applicant has the legal right to enter and

commence surface coal mining operations.

k. A copy of those documents upon which the permit applicant bases the applicant's

legal right to enter and commence surface coal mining operations and whether

that right is the subject of pending court litigation.

l. A description of the type and method of surface coal mining operation that exists

or is proposed, the engineering techniques proposed or used, and the equipment

used or proposed to be used.

m. The anticipated or actual starting and termination dates of each phase of the

mining operations.

n. The name of the watershed and location of the surface stream or tributary into

which surface and pit drainage will be discharged, including the drainage permit

application to the department of water resources, if required.

o. A determination by the permit applicant of the probable hydrologic consequences

of the mining and reclamation operations, both on and off the minesite, with

respect to the hydrologic regime, quantity and quality of water in surface and

ground water systems, including the dissolved and suspended solids under

seasonal flow conditions and the collection of sufficient data for the minesite and

surrounding areas so that an assessment can be made by the commission of the

probable cumulative impacts of all anticipated mining in the area upon the

hydrology of the area and particularly upon water availability.

p. The climatological factors that are peculiar to the locality of the land to be

affected, including the average seasonal precipitation, the average direction and

velocity of prevailing winds, and the seasonal temperature ranges.

q. Topographic maps to an appropriate scale, as prescribed by the commission by

regulation, clearly showing the land to be affected as of the date of the

application. Such a map, among other things specified by the commission, must

show all of the following information:

(1) All manmade features.

(2) All boundaries of the land to be affected.

(3) The boundary lines and names of present owners of record of all surface

areas abutting the permit area.

(4) The location of all buildings within one-half mile [804.67 meters] of the

permit area.

r. Cross sections, maps or plans of the land to be affected, including the actual area

to be mined, prepared by or under the direction of and certified by a registered

professional engineer, a registered land surveyor, or a qualified professional

geologist with assistance from experts in related fields, showing pertinent

elevation and location of test borings or core samplings and depicting all of the

following information:

(1) The nature and depth of the various strata of overburden.

(2) The location of subsurface water, if encountered, and its quality.

(3) The nature and thickness of any coal, commercial leonardite, or rider seam

above the coal or commercial leonardite seam to be mined.

(4) The nature of the stratum immediately beneath the coal or commercial

leonardite seam to be mined.

(5) All mineral crop lines and the strike and dip of the coal or commercial

leonardite to be mined, within the area of land to be affected.

(6) Existing or previous surface mining limits.

(7) The location and extent of known workings of any underground mines,

including mine openings to the surface.

(8) The location of aquifers.

(9) The estimated elevation of the water table.

(10) The location of spoil, waste, or refuse areas, suitable plant growth material

stockpiling areas and, if necessary, stockpiling areas for other suitable

strata.

(11) The location of all impoundments for waste or erosion control.

(12) Any settling or water treatment facility.

(13) Constructed or natural drainways and the location of any discharges to any

surface body of water on the area of land to be affected or adjacent thereto.

(14) Profiles at appropriate cross sections of the anticipated final surface

configuration that will be achieved pursuant to the applicant's proposed

reclamation plan.

s. A statement by the applicant of the result of test borings or core samplings from

the permit area, including logs of the drill holes, the thickness of the coal or

commercial leonardite seam found, an analysis of the chemical properties of such

coal or commercial leonardite, the sulfur content of any coal or commercial

leonardite seam, chemical analysis of potentially toxic forming sections of the

overburden, and chemical analysis of the stratum lying immediately underneath

the coal or commercial leonardite to be mined. The provisions of this subdivision

may be waived by the commission with respect to the specific application by a

written determination that such requirements are unnecessary.

t. A soil survey of all the suitable plant growth material within the permit area. Such

survey must also locate and identify prime soils in the permit area. The survey

must be made by a professional soil classifier as described in subsection 4 of

section 43-36-01.

u. Cultural resource information, including all of the following:

(1) A statement evidencing compliance with the requirements of chapter 55-03.

(2) A cultural resource inventory, including all buildings, structures, and objects

referred to in section 55-03-01, covering the proposed permit and adjacent

area conducted in accordance with guidelines developed by the state

historic preservation office and the director of the state historical society.

(3) An evaluation of each cultural resource site which will be affected by any

surface coal mining and reclamation operation. The evaluation must include

sufficient information to allow the director to determine if the cultural

resource site is significant in accordance with the national register criteria

[36 CFR 60.4] and guidelines established by the director.

(4) An appropriately scaled map identifying the location of each cultural

resource site determined significant by the director within the proposed

permit area and the adjacent area.

(5) A description of adverse effects on significant cultural resources that may

result from the proposed surface coal mining operations.

(6) A statement that the permit applicant will inform the director and the

commission of any discovery within the permitted area of previously

unrecorded archaeological, cultural, or historic materials and allow

reasonable time for the director to determine the significance of the

discovery and, if determined significant, to approve a mitigation plan.

(7) A plan approved by the director that has been or will be used to mitigate

adverse effects on significant sites that are known, or a statement that such

a plan will be approved and implemented before any adverse effects. Any

mitigation plan that has not begun implementation within five years of plan

approval is subject to review by the director.

2. Each applicant for a permit shall submit as part of the permit application a reclamation

plan that must include, in the degree of detail necessary to demonstrate that

reclamation as required by this chapter can be accomplished, a statement of:

a. The condition of the land to be covered by the permit prior to any mining,

including all of the following:

(1) The uses existing at the time of the application, and if the land has a history

of previous mining, the uses which preceded any mining.

(2) The capability of the land prior to any mining to support a variety of uses

giving consideration to soil and foundation characteristics, topography,

vegetative cover, and the soil survey prepared pursuant to subdivision t of

subsection 1.

(3) The productivity of the land prior to mining, including appropriate

identification of prime farmlands, as well as the average yield of food, fiber,

and forage products from such lands obtained under high levels of

management.

b. The use which is proposed to be made of the land following reclamation,

including a discussion of the utility and capacity of the reclaimed land to support a

variety of alternative uses and the relationship of such use to existing land use

policies and plans, the surface owner's preferred use, and the comments of state

and local governments or agencies thereof, which would have to initiate,

implement, approve, or authorize the proposed use of the land following

reclamation.

c. The consideration which has been given to maximize the utilization and

conservation of the coal or commercial leonardite being recovered so that

re-affecting the land in the future can be minimized.

d. The consideration which has been given to making the surface mining and

reclamation operations consistent with surface owner plans and applicable state

and local land use plans and programs.

e. The consideration which has been given to developing the reclamation plan in a

manner consistent with local physical, environmental, and climatological

conditions, including the use made of hydrologic and geochemical information in

addressing problems of subsurface drainage and stability.

f. A detailed description of how the proposed postmining land use is to be achieved

and the necessary support activities which may be needed to achieve the

proposed land use.

g. The engineering techniques proposed to be used in mining and reclamation and

a description of the major equipment.

h. Plans for:

(1) The control of surface water drainage and of water accumulation.

(2) Backfilling, soil stabilization, compacting, grading, and appropriate

revegetation.

(3) Soil reconstruction, replacement, and stabilization, pursuant to the

performance standards in subsections 5 and 6 of section 38-14.1-24.

i. A detailed description of the measures to be taken during the mining and

reclamation process to assure the protection of:

(1) The quality of surface and ground water systems, both onsite and offsite,

from adverse effects of the mining and reclamation process.

(2) The rights of present users to such water.

(3) The quantity of surface and ground water systems, both onsite and offsite,

from adverse effects of the mining and reclamation process or to provide

alternative sources of water where such protection of quantity cannot be

assured.

j. The steps to be taken to comply with applicable air quality and water quality and

quantity laws and regulations and any applicable health and safety standards.

k. A detailed estimated timetable for the accomplishment of each major step in the

reclamation plan.

l. An estimate of the cost per acre [.40 hectare] of the reclamation, including a

statement as to how the applicant plans to comply with each of the requirements

set out in section 38-14.1-24.

m. The results of test borings which the applicant has made of the area to be

covered by the permit, or other equivalent information and data, in a form

satisfactory to the commission, including the location of subsurface water and an

analysis of the chemical properties, including toxic forming properties of the

mineral and overburden.

3. Each applicant for a permit shall submit to the commission as part of the permit

application a certificate issued by an insurance company authorized to do business in

this state certifying that the applicant has a public liability insurance policy in force for

the surface coal mining and reclamation operations for which such permit is sought.

Such policy must provide for personal injury and property damage protection in an

amount adequate to compensate any persons, except employees covered by

workforce safety and insurance pursuant to chapter 65-01, damaged as a result of

surface coal mining and reclamation operations, including use of explosives, and

entitled to compensation under the applicable provisions of state law. Such policy must

be maintained in full force and effect during the terms of the permit or any renewal,

including the length of all reclamation operations. The policy must include a rider

requiring that the insurer notify the commission whenever substantive changes are

made in the policy, including any termination or failure to renew. All operations must

cease if the policy is terminated or is not renewed.

4. Each applicant for a surface coal mining and reclamation permit shall submit to the

commission as part of the permit application a blasting plan which must outline the

procedures and standards by which the permittee will meet the provisions of

subsection 13 of section 38-14.1-24.
N.D. Cent. Code § 38-01-02 — ND Code / Title 38 / Chapter 38-01 / Section 38-01-02
38-01-02. Weighmen and check weighmen - Oath or affirmation - Violation of provisions governing - Prosecution
Status: repealed

38-01-02. Weighmen and check weighmen - Oath or affirmation - Violation of

provisions governing - Prosecution.

Repealed by S.L. 1971, ch. 347, § 20.
N.D. Cent. Code § 38-08-02 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-02
38-08-02. Definitions
Status: in_force

38-08-02. Definitions

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

1. "Abandoned pipeline" means an underground gathering pipeline that is no longer in

service, is physically disconnected from in-service facilities, and is not intended to be

reactivated for future use.

2. "Certificate of clearance" means a permit prescribed by the commission for the

transportation or the delivery of oil or gas or product and issued or registered in

accordance with the rule, regulation, or order requiring such permit.

3. "Commission" means the industrial commission.

4. "Field" means the general area underlaid by one or more pools.

5. "Gas" means and includes all natural gas and all other fluid hydrocarbons not

hereinbelow defined as oil.

6. "Illegal gas" means gas which has been produced from any well within this state in

excess of the quantity permitted by any rule, regulation, or order of the commission, or

any gas produced or removed from the well premises in violation of any rule,

regulation, or order of the commission, or any gas produced or removed from the well

premises without the knowledge and consent of the operator.

7. "Illegal oil" means oil which has been produced from any well within the state in

excess of the quantity permitted by any rule, regulation, or order of the commission, or

any oil produced or removed from the well premises in violation of any rule, regulation,

or order of the commission, or any oil produced or removed from the well premises

without the knowledge and consent of the operator.

8. "Illegal product" means any product derived in whole or in part from illegal oil or illegal

gas.

9. "Oil" means and includes crude petroleum oil and other hydrocarbons regardless of

gravity which are produced at the wellhead in liquid form and the liquid hydrocarbons

known as distillate or condensate recovered or extracted from gas, other than gas

produced in association with oil and commonly known as casinghead gas.

10. "Owner" means the person who has the right to drill into and produce from a pool and

to appropriate the oil or gas the person produces therefrom either for that person or

others or for that person and others.

11. "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.

12. "Pipeline facility" means a pipeline, pump, compressor, storage, and any other facility,

structure, and property incidental and necessary or useful in the interconnection of a

pipeline or for the transportation, distribution, and delivery of energy-related

commodities to points of sale or consumption or to the point of distribution for

consumption located within or outside of this state.

13. "Pool" means an underground reservoir containing a common accumulation of oil or

gas or both; each zone of a structure which is completely separated from any other

zone in the same structure is a pool, as that term is used in this chapter.

14. "Producer" means the owner of a well or wells capable of producing oil or gas or both.

15. "Product" means any commodity made from oil or gas and includes refined crude oil,

crude tops, topped crude, processed crude, processed crude petroleum, residue from

crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil,

residuum, gas oil, casinghead gasoline, natural-gas gasoline, kerosene, benzine,

wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one

or more liquid products or byproducts derived from oil or gas, and blends or mixtures

of two or more liquid products or byproducts derived from oil or gas, whether

hereinabove enumerated or not.

16. "Reasonable market demand" means the demand for oil or gas for reasonable current

requirements for consumption and use within and without the state, together with such

quantities as are reasonably necessary for building up or maintaining reasonable

working stocks and reasonable reserves of oil or gas or product.

17. "Reserve pit" means an excavated area used to contain drill cuttings accumulated

during oil and gas drilling operations and mud-laden oil and gas drilling fluids used to

confine oil, gas, or water to its native strata during the drilling of an oil and gas well.

18. "Underground gathering pipeline" means an underground gas or liquid pipeline with

associated above ground equipment which is designed for or capable of transporting

crude oil, natural gas, carbon dioxide, or water produced in association with oil and

gas which is not subject to chapter 49-22.1. As used in this subsection, "associated

above ground equipment" means equipment and property located above ground level,

which is incidental to and necessary for or useful for transporting crude oil, natural gas,

carbon dioxide, or water produced in association with oil and gas from a production

facility. As used in this subsection, "equipment and property" includes a pump, a

compressor, storage, leak detection or monitoring equipment, and any other facility or

structure.

19. "Waste" means and includes:

a. Physical waste, as that term is generally understood in the oil and gas industry.

b. The inefficient, excessive, or improper use of, or the unnecessary dissipation of

reservoir energy.

c. The locating, spacing, drilling, equipping, operating, or producing of any oil or gas

well or wells in a manner which causes, or tends to cause, reduction in the

quantity of oil or gas ultimately recoverable from a pool under prudent and proper

operations, or which causes or tends to cause unnecessary or excessive surface

loss or destruction of oil or gas.

d. The inefficient storing of oil.

e. The production of oil or gas in excess of transportation or marketing facilities or in

excess of reasonable market demand.

20. The word "and" includes the word "or" and the use of the word "or" includes the word

"and". The use of the plural includes the singular and the use of the singular includes

the plural.
N.D. Cent. Code § 38-14.3-08 — ND Code / Title 38 / Chapter 38-14.3 / Section 38-14.3-08
38-14.3-08. Claims - How paid
Status: in_force

38-14.3-08. Claims - How paid

All claims against bonds provided for by this chapter must be paid out of the fund in an

amount not exceeding the face amount of the bond.
N.D. Cent. Code § 38-18-03 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-03
38-18-03. Purpose and interpretation
Status: in_force

38-18-03. Purpose and interpretation

It is the purpose of this chapter to provide the maximum amount of constitutionally

permissible protection to surface owners from the undesirable effects of development, without

their consent, of minerals underlying their surface. This chapter is to be interpreted in light of the

legislative intent expressed herein. The provisions of this chapter shall be interpreted to benefit

surface owners, regardless of how the mineral estate was separated from the surface estate

and regardless of who executed the document which gave the mineral developer the right to

conduct mining operations on the land.
N.D. Cent. Code § 38-10-11 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-11
38-10-11. Property directed by will to be disposed of - Duty of executor
Status: in_force

38-10-11. Property directed by will to be disposed of - Duty of executor

If property is directed by a will to be sold or if authority is given in a will to sell property, the

executor may sell the whole or any fractional part of the oil, gas, or other minerals in or under, or

that may be produced from, land belonging to the estate in the same manner as the executor

may sell the property under title 30.1.
N.D. Cent. Code § 38-08.1-01 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-01
38-08.1-01. Definitions
Status: in_force

38-08.1-01. Definitions

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

1. "Commission" means the industrial commission.

2. "Geophysical exploration" means any method of obtaining petroleum-related

geophysical surveys.

3. "Operator of the land" means the surface owner or the surface owner's tenant of the

land upon or within one-half mile [.80 kilometer] of the land on which geophysical

operations are to be conducted.

4. "Permitting agent" means a person who secures a permit from an operator of the land

to conduct geophysical exploration activities.

5. "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.
N.D. Cent. Code § 38-11-08 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-08
38-11-08. Other royalty provisions
Status: repealed

38-11-08. Other royalty provisions

Repealed by S.L. 1977, ch. 322, § 9.
N.D. Cent. Code § 38-14.1-17 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-17
38-14.1-17. Release of performance bond - Schedule - Notification - Public hearing
Status: in_force

38-14.1-17. Release of performance bond - Schedule - Notification - Public hearing

1. The permittee may file a request with the commission for the release of all or part of a

performance bond or deposit furnished subsequent to July 1, 1975. As part of any

bond release application, the permittee shall submit:

a. Within thirty days after filing of the request, a copy of an advertisement placed at

least once a week for four successive weeks in the official newspaper of each

county in which the surface coal mining operation is located. The advertisement

must contain notification of all of the following:

(1) The precise location and the number of acres [hectares] of the land affected.

(2) The permit and the date approved.

(3) The amount of the bond filed and the portion sought to be released.

(4) The type and approximate dates of reclamation work performed and a

description of the results achieved as they relate to the permittee's approved

reclamation plan.

(5) The right to file written objections and to request a public hearing or an

informal conference as specified in subsection 2.

b. Copies of letters which the permittee has sent to all owners of surface rights

within the permit area proposed for bond release, adjoining property owners,

state agencies specified in subsection 2 of section 38-14.1-21, heads of local

governmental bodies, including the county commissioners and mayors of

municipalities, planning agencies, sewage and water treatment authorities, and

water companies in the locality in which the surface coal mining and reclamation

operations took place, notifying them of the permittee's intention to seek release

from the bond. The letters must also contain notice of the right to file written

objections and request an informal conference or a public hearing as specified in

subsection 2.

2. Any person having a valid legal interest which is or may be adversely affected by

release of the bond or the responsible officer or head of any state or local

governmental agency which has jurisdiction by law or special expertise with respect to

any environmental, social, or economic impact involved in the surface coal mining

operation or is authorized to develop and enforce environmental standards with

respect to such operations has the right to file written objections to the proposed

release from bond with the commission and to request an informal conference

pursuant to the procedures established in section 38-14.1-19 or a public hearing

pursuant to procedures established in subsection 3 of section 38-14.1-30 within thirty

days after the last publication of the notice required in subsection 1.

3. Upon receipt of the application for bond release, the commission shall, within thirty

days, conduct an inspection and evaluation of the reclamation work involved. Such

evaluation must consider, among other things, all of the following:

a. The degree of difficulty to complete any remaining reclamation.

b. Whether pollution of surface and subsurface water is occurring.

c. The probability of continuance or future occurrence of such pollution.

d. The estimated cost of abating such pollution.

e. The effectiveness of soil erosion control measures employed.

f. The level of bonding.

The commission shall make written findings with its ruling to release or not to release

all or part of the performance bond or deposit within sixty days from the filing of the

request for bond release, if no informal conference or public hearing is held, and if

there has been an informal conference or a public hearing, within thirty days thereafter.

4. Time periods established by subsection 3 do not apply if effective inspections cannot

be carried out because of inclement weather.

5. If the commission disapproves the application for release of the bond or portion

thereof, the commission shall state the reasons for disapproval, recommend corrective

actions necessary to secure said release, and provide the permittee with an

opportunity for a formal public hearing pursuant to the procedures of section

38-14.1-30.

6. If the commission decides to release the bond either totally or in part, the commission

shall notify the county commissioners and the mayors of the municipalities in the

county in which the applicable surface coal mining operation is located by certified

mail, at least thirty days prior to the actual release of all or a portion of the bond.

7. The commission may release bond as follows:

a. When the permittee completes the backfilling, regrading, and drainage control in

a bonded area, forty percent of the bond for the area may be released.

b. After spreading suitable plant growth material or other suitable strata on the

regraded land, twenty percent of the bond for the area may be released.

c. After vegetation is established on the regraded land, additional bond may be

released. The commission shall retain sufficient bond to cover third-party

revegetation and associated costs for the period set by subsection 18 of section

38-14.1-24, provided:

(1) There may be no release under this subdivision until the requirements of

subdivision b of subsection 8 of section 38-14.1-24 are met and prime

farmlands are returned to productivity equal to or greater than nonmined

prime farmland in the surrounding area under equivalent management

practices.

(2) If there is a permanent silt dam impoundment under subsection 7 of section

38-14.1-24, bond may be released if the commission approves the

commitments for future maintenance.

d. When the permittee has successfully completed all surface coal mining and

reclamation operations, and after the period set by subsection 18 of section

38-14.1-24, the remaining bond may be released. No bond may be fully released

until all reclamation requirements are met.

8. Until reclamation has been accomplished to the satisfaction of the commission and

until the bond has been fully released pursuant to subsection 7, control of the affected

lands shall remain in the commission, and the commission may not allow use of the

land which is inconsistent with reclamation.
N.D. Cent. Code § 38-11-10 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-10
38-11-10. Rules and regulations
Status: in_force

38-11-10. Rules and regulations

The board of university and school lands is authorized to promulgate such rules and

regulations as may be necessary to carry out the provisions of this chapter and to provide such

terms and conditions in leases upon state minerals as may be in the best interests of the state.
N.D. Cent. Code § 38-22-04 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-04
38-22-04. Permit required - Permit transfer
Status: in_force

38-22-04. 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 § 38-14.2-15 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-15
38-14.2-15. Hearing and appeal
Status: in_force

38-14.2-15. Hearing and appeal

Any person claiming to be aggrieved or adversely affected by any regulation or order of the

commission or its failure to enter an order under this chapter may request a hearing by the

commission. The hearing must be conducted pursuant to chapter 28-32. There is a right of

appeal to the district court from any adverse ruling by the commission issued pursuant to this

chapter.
N.D. Cent. Code § 38-12.1-06 — ND Code / Title 38 / Chapter 38-12.1 / Section 38-12.1-06
38-12.1-06. Procedure
Status: in_force

38-12.1-06. Procedure

The provisions of section 38-12-04 are applicable to the provisions of this chapter.
N.D. Cent. Code § 38-14.2-01 — ND Code / Title 38 / Chapter 38-14.2 / Section 38-14.2-01
38-14.2-01. Declaration of findings and purpose
Status: in_force

38-14.2-01. Declaration of findings and purpose

The legislative assembly finds and declares that there are a substantial number of acres

[hectares] within the state disturbed by surface coal mining operations and noncoal mining

operations on which little or no reclamation was conducted, and the impacts from these

unreclaimed lands impose social and economic costs on residents in nearby and adjoining

areas as well as continuing to impair environmental quality. It is, therefore, the purpose of this

chapter to promote the reclamation of mined areas left without adequate reclamation prior to the

enactment of this chapter and which continue, in their unreclaimed condition, to substantially

degrade the quality of the environment, prevent or damage the beneficial use of land or water

resources, or endanger the health or safety of the public.
N.D. Cent. Code § 38-08-04.1 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04.1
38-08-04.1. Commission may employ examiners
Status: in_force

38-08-04.1. Commission may employ examiners

The industrial commission may use hearing examiners under such rules and regulations as

the commission may prescribe.
N.D. Cent. Code § 38-11-02.4 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-02.4
38-11-02.4. Agencies may contract with board
Status: in_force

38-11-02.4. Agencies may contract with board

An agency may contract with the board of university and school lands for the purpose of

conducting the mineral prospecting or mineral leasing negotiations or sale on behalf of the

agency. The board may collect such costs as the agency and the board might agree as

consideration for conducting the negotiations or sale.
N.D. Cent. Code § 38-02-02 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-02
38-02-02. Width of lode claims - Extension - Reduction
Status: in_force

38-02-02. Width of lode claims - Extension - Reduction

The width of lode claims is one hundred fifty feet [45.72 meters] on each side of the center

of the vein or crevice, except that any county, at any general election by a majority of the votes

cast on the question at such election, may determine upon a greater width not exceeding three

hundred feet [91.44 meters] on each side of the center of the vein or lode. By a like vote, any

county may determine upon a width less than that specified in this section, except that a width

of less than twenty-five feet [7.62 meters] on each side of the vein or lode is prohibited.
N.D. Cent. Code § 38-08-09.10 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.10
38-08-09.10. Reasonableness of plan
Status: in_force

38-08-09.10. Reasonableness of plan

A plan of unitization may not be considered fair and reasonable if it contains a provision for

operating charges which include any part of district or central office expenses other than

reasonable overhead charges.
N.D. Cent. Code § 38-14.1-32 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-32
38-14.1-32. Penalties - Unclassified
Status: in_force

38-14.1-32. Penalties - Unclassified

1. Any operator or permittee who violates this chapter, or any permit condition or

regulation implementing this chapter may be assessed a civil penalty not to exceed ten

thousand dollars per day of such violation except that if such violation leads to the

issuance of a cessation order, a civil penalty must be assessed. Each day of

continuing violation may be deemed a separate violation for purposes of penalty

assessments. In determining the amount of the penalty, consideration must be given

to:

a. The operator's or permittee's history of previous violations at the particular

surface coal mining operation;

b. The seriousness of the violation, including any irreparable harm to the

environment and any hazard to the health or safety of the public;

c. Whether the operator or permittee was negligent; and

d. The demonstrated good faith of the operator or permittee charged in attempting

to achieve rapid compliance after notification of the violation.

2. Any operator or permittee who fails to correct a violation for which a notice or order

has been issued under section 38-14.1-28 within the period permitted for the

accomplishment of remedial measures must be assessed a civil penalty of not less

than seven hundred fifty dollars for each day during which such failure or violation

continues.

3. Any person, operator, or permittee must, upon conviction, be punished by a fine of not

more than fifteen thousand dollars or by imprisonment for not more than one year, or

both, who:

a. Knowingly engages in surface coal mining operations without previously securing

a permit as required by this chapter;

b. Knowingly violates any permit condition or limitation implementing this chapter;

c. Willfully makes any false statement, representation, or certification, or willfully

fails to make any statement, representation, or certification in any application,

record, report, plan, or other document filed or required to be maintained under

this chapter;

d. Willfully falsifies, tampers with, or knowingly and willfully renders inaccurate, any

monitoring device or method required to be maintained under this chapter; or

e. Fails or refuses to comply with a final order by a court pursuant to section

38-14.1-35, an order issued by the commission pursuant to section 38-14.1-28, or

any order incorporated in a final decision by the commission, except an order

incorporated in a decision requiring the payment of a penalty.

4. Any operator or permittee who knowingly violates section 38-14.1-26 must, upon

conviction, be punished by a fine of not more than five thousand dollars or by

imprisonment for not more than one year, or both.

5. Any employee of the commission who willfully violates section 38-14.1-38 must, upon

conviction, be punished by a fine of not more than two thousand five hundred dollars,

or by imprisonment of not more than one year, or both.

6. Whenever a corporate permittee or limited liability company permittee violates a

condition of a permit or fails or refuses to comply with an order issued by the

commission pursuant to section 38-14.1-28, or any order incorporated in a final

decision issued by the commission, except an order incorporated in a decision

requiring the payment of a penalty, any director, officer, or agent of such corporation

and any governor, manager, or agent of such limited liability company who willfully and

knowingly authorized, or carried out such violation, failure, or refusal is subject to the

same criminal and civil penalties, fines, and imprisonment that may be imposed under

subsections 1 and 3.

7. Any action for the collection of civil penalties under this section must be tried in the

district court for the county in which the alleged violation occurred or in which the

person or operator alleged to have committed the violation has the person's or

operator's residence or principal office in the state.
N.D. Cent. Code § 38-25-02 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-02
38-25-02. Commission authority
Status: in_force

38-25-02. Commission authority

The commission has authority:

1. Over all persons and property necessary to administer and enforce this chapter when

necessary to prevent waste, to protect correlative rights of the mineral and surface

estate, or to effect greater ultimate storage and recovery of oil and gas.

2. To regulate activities relating to an underground storage facility, including construction,

solution mining to create salt caverns, operation, and closure.

3. To enter an underground storage facility at a reasonable time and manner 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 storage operators provide financial assurance, including bonds, to ensure

money is available to fulfill the storage operator's duties.

5. To exercise continuing jurisdiction over storage operators and storage facilities,

including the authority to amend or revoke a permit after notice and hearing.

6. After notice and hearing, to dissolve or change the boundaries of any commission

established oil or gas field or unit within or near a storage reservoir's or salt cavern's

boundaries.

7. After notice and hearing, to adopt reasonable rules and issue reasonable orders to

implement the policies of this chapter.

8. After notice and hearing, to grant exceptions to this chapter's requirements and

implementing rules if required to comply with applicable federal law.
N.D. Cent. Code § 38-13.1-03 — ND Code / Title 38 / Chapter 38-13.1 / Section 38-13.1-03
38-13.1-03. Administration of trust
Status: in_force

38-13.1-03. Administration of trust

The administration of the trust must comply with the appropriate provisions regulating trusts

contained in title 59. Except as provided in this section, trustee or attorney's fees may not be

paid from the trust proceeds. All bonuses, rental payments, royalties, and other income must be

paid to the trustee until the trust is terminated and notice of its termination is given to all

interested parties. The trustee shall distribute all moneys held in the trust to the person entitled

to the money upon the order of the district court. A trust in favor of unlocatable owners must be

kept in force until the unlocatable owners of the mineral interests in question have successfully

claimed their share of the funds held in trust and have filed the notice as provided in section
N.D. Cent. Code § 38-13.1-02 — ND Code / Title 38 / Chapter 38-13.1 / Section 38-13.1-02
38-13.1-02. No further liability for petitioner
Status: in_force

38-13.1-02. No further liability for petitioner

If a trust in favor of unlocatable owners or claimants of an interest the mineral, leasehold, or

royalty interest has been created and all bonuses, rental payments, royalties, and other income

due to the unlocatable owners being or have been paid to the trustee, the person petitioning for

creation of the trust is not liable for further claims by unlocatable owners for bonuses, rental

payments, royalties, and other income produced after the creation of the trust.
N.D. Cent. Code § 38-25-11 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-11
38-25-11. Application
Status: in_force

38-25-11. Application

This chapter does not apply to applications filed with the commission which propose to use

produced gas for an enhanced oil or gas recovery project. Those applications must be

processed under chapter 38-08.
N.D. Cent. Code § 38-12-03 — ND Code / Title 38 / Chapter 38-12 / Section 38-12-03
38-12-03. Permit required
Status: in_force

38-12-03. Permit required

It is unlawful to commence operations for the exploration, development, or production of

subsurface minerals without first obtaining a permit from the director of mineral resources, under

such rules and regulations as may be prescribed by the commission and paying to the

commission a fee for each such permit in an amount to be prescribed by the commission.
N.D. Cent. Code § 38-22-18 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-18
38-22-18. Penalties
Status: in_force

38-22-18. Penalties

1. A person who violates a provision of this chapter or a commission rule or order under

this chapter is subject to a civil penalty imposed by the commission or a court not to

exceed twelve thousand five hundred dollars for each offense, and each day's violation

is a separate offense. Paying the penalty does not make legal an illegal act nor relieve

a person on whom the penalty is imposed from correcting the violation or from liability

for damages caused by the violation.

2. In determining the amount of the penalty, the commission shall consider:

a. The nature of the violation, including its circumstances and gravity, and the

hazard or potential hazard to the public's or a private person's health, safety, and

economic welfare.

b. The economic or environmental harm caused by the violation.

c. The economic value or other advantage gained by the person committing the

violation.

d. The history of previous violations.

e. The amount necessary to deter future violations.

f. Efforts to correct the violation.

g. Other matters justice requires.
N.D. Cent. Code § 38-08.1-04.2 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-04.2
38-08.1-04.2. Notification of issuance of permit - Revocation - Suspension
Status: in_force

38-08.1-04.2. Notification of issuance of permit - Revocation - Suspension

The commission shall immediately forward notice of the issuance of a permit to the board of

county commissioners of the county in which the lands are located. The commission may

revoke the permit of any person engaging in geophysical exploration upon a showing that that

person has violated any applicable requirement pertaining to geophysical exploration. The

commission shall notify that person, by the most effective written means, of the permit

revocation. Upon notification, the person engaging in geophysical exploration may, within fifteen

days, request a hearing before the commission on the matter. The commission shall either

affirm, modify, or deny the permit revocation. The commission may also suspend the permit

temporarily in those cases where climate and physical conditions are such as to cause harm,

damage, or undue stress to roads, bridges, pastures, crops, or other physical features. For

these same reasons, a board of county commissioners, upon notice to the permitholder and the

commission, also may suspend, for not longer than forty-eight hours, a permit for operations

within the county.
N.D. Cent. Code § 38-18.1-06 — ND Code / Title 38 / Chapter 38-18.1 / Section 38-18.1-06
38-18.1-06. Notice of lapse of mineral interest - Method
Status: in_force

38-18.1-06. Notice of lapse of mineral interest - Method

1. The owner or owners of the surface estate in the land in or under which the mineral

interest is located intending to succeed to the ownership of a mineral interest upon its

lapse shall give notice of the lapse of the mineral interest by publication.

2. The publication provided for in subsection 1 must be made once each week for three

weeks in the official county newspaper of the county in which the mineral interest is

located; however, if the address of the mineral interest owner is shown of record or

can be determined upon reasonable inquiry as defined in subsection 6, notice must

also be made by mailing a copy of the notice to the owner of the mineral interest within

ten days after the last publication is made.

3. The notice must state:

a. The name of the record owner of the mineral interest;

b. A description of the land on which the mineral interest involved is located; and

c. The name of the owner or owners of the surface estate in the land in or under

which the mineral interest is located giving the notice.

4. A copy of the notice and an affidavit of service of the notice must be recorded in the

office of the recorder of the county in which the mineral interest is located and

constitutes prima facie evidence in any legal proceedings that such notice has been

given.

5. The owner or owners of the surface estate in the land in or under which the mineral

interest is located who succeeds to the ownership of a mineral interest upon its lapse

under this chapter is entitled to record a statement of succession in interest indicating

that that owner or owners of the surface estate in the land in or under which the

mineral interest is located has succeeded to the ownership of the mineral interest.

6. To constitute a reasonable inquiry as provided in subsection 2, the owner or owners of

the surface estate or the owner's authorized agent must conduct a search of:

a. The county recorder's records for the existence of any uses as defined in section

38-18.1-03 by the owner of the mineral interest;

b. The clerk of court's records for the existence of any judgments, liens, or probate

records which identify the owner of the mineral interest;

c. The social security death index for the last-known residence of the owner of the

mineral interest, if deceased; and

d. One or more public internet databases to locate or identify the owner of the

mineral interest or any known heirs of the owner. The owner or owners of the

surface estate are not required to conduct internet searches on private fee

internet databases.
N.D. Cent. Code § 38-14.1-13 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-13
38-14.1-13. Permit applications - General requirements
Status: in_force

38-14.1-13. Permit applications - General requirements

1. Any person or operator desiring to engage in surface coal mining operations shall

make written application to the commission for a permit. Application for such permit

must be made upon a form furnished by the commission. Included in the application

must be:

a. A bond or security to attach to the lands for which a permit is sought from and

after the time a permit is granted pursuant to the requirements of section

38-14.1-16.

b. A nonrefundable filing fee of five hundred dollars, plus ten dollars for each acre

[.40 hectare] included in the permit application.

c. Mining and reclamation plans and other information required to be submitted

pursuant to section 38-14.1-14.

d. An extended mining plan as required by section 38-14.1-15.

2. Each applicant for a surface coal mining and reclamation permit shall file a copy of the

applicant's application for public inspection with the office of the county auditor for

each county where the mining is proposed to occur.

3. Upon request by the permit applicant, the commission, in its discretion, may designate

specific information included in the plans required by subdivisions c and d of

subsection 1 as exempt from disclosure under section 44-04-18, provided such

specific information pertains only to the analysis of the chemical and physical

properties of the coal or commercial leonardite (excepting information regarding such

mineral or elemental contents which is potentially toxic in the environment). Each

request must be accompanied by a statement specifying the need for nondisclosure,

which statement must be considered part of the permit application to be filed for public

inspection as specified in subsection 2. The confidential information is exempt for a

period not to exceed ten years subsequent to the date on which the request for

nondisclosure was filed, unless it is demonstrated by the permit applicant that such

period should be further extended in order to prevent possible resulting harm to the

permit applicant, or the applicant's successors and assigns.
N.D. Cent. Code § 38-08-04.10 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04.10
38-08-04.10. Penalties and other relief
Status: in_force

38-08-04.10. Penalties and other relief

The plugging or replugging of a well or reclamation of a well site by the commission, its

agents, employees, or contractors, shall not prevent the commission from seeking penalties or

other relief provided by law from any person who is required by statutes, rules, or order of the

commission to plug or replug a well or reclaim the surface.
N.D. Cent. Code § 38-11.1-04 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-04
38-11.1-04. Damage and disruption payments
Status: in_force

38-11.1-04. Damage and disruption payments

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 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

mutually agreeable between the surface owner and the mineral developer. When determining

damage and disruption payments, consideration must be given to the period of time during

which the loss occurs and the surface owner must be compensated for harm caused by

exploration only by a single sum payment. The payments contemplated by this section only

cover land directly affected by drilling operations. 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.
N.D. Cent. Code § 38-12-02 — ND Code / Title 38 / Chapter 38-12 / Section 38-12-02
38-12-02. Jurisdiction of commission
Status: in_force

38-12-02. Jurisdiction of commission

The commission has jurisdiction and authority over all persons and property, public and

private, necessary to enforce effectively the provisions of this chapter. Subject to the provisions

of section 38-08-21, the director of mineral resources shall act as a supervisor charged with the

duty of enforcing the regulations and orders of the commission applicable to the subsurface

mineral resources of this state and the provisions of this chapter. The commission has authority

to make such investigations as it deems proper to determine whether facts exist which justify

action by the commission. The commission acting through the director of mineral resources has

the authority:

1. To require:

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

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

orders of the commission prescribed to govern the exploration, development, and

production of subsurface minerals on state and private lands within the state of

North Dakota. The person required to furnish the bond may elect to deposit a

collateral bond, self-bond, cash, or 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 and the rules and orders of the

industrial commission.

b. The delivery, free of charge, to the state geologist of the basic exploration data

collected by the operator, within thirty days of field collection of such data. This

data must include:

(1) Sample cuts, core chips, or whole cores.

(2) Sample logs, radioactivity logs, resistivity logs, or other types of electrical or

mechanical logs.

(3) Elevation and location information on the data collection points.

(4) Other pertinent information as may be requested by the state geologist.

The data so submitted is confidential for a period of one year when so requested

by the operator and such period may be further extended upon approval by the

commission.

c. The filing of monthly production reports in the manner prescribed by the

commission and any other reports deemed necessary by the commission.

d. The conducting of all exploration, development, and production operations in

such a manner as to prevent pollution of freshwater supplies, to provide for the

protection of the environment and public safety, and to ensure the optimum

recovery of the mineral resource.

e. The reclamation of all land disturbed by operations regulated by this chapter to a

condition consistent with prior land use and productive capacity.

2. To regulate the drilling and abandonment of exploration test holes and producing wells

and all other exploration, development, production, and reclamation operations.

3. To promulgate and to enforce rules, regulations, and orders to effectuate the purposes

and the intent of this chapter.

4. To inspect all exploration, development, and production sites. For the purposes of this

subsection, the director of mineral resources or the director's representative shall have

access to all exploration, development, or production installations for purposes of

inspection and shall have the authority to require the operator's aid if it is necessary

and is requested.
N.D. Cent. Code § 38-23-08 — ND Code / Title 38 / Chapter 38-23 / Section 38-23-08
38-23-08. High-level radioactive waste advisory council - Members, powers, and duties
Status: in_force

38-23-08. High-level radioactive waste advisory council - Members, powers, and

duties.

1. The high-level radioactive waste advisory council is established to advise the

commission in carrying out its duties. The council consists of the director of the

department of water resources, state health officer, director of the department of

transportation, director of the game and fish department, the commerce commissioner,

and director of the department of environmental quality, who serve as ex officio

members. The state geologist shall serve as the executive secretary for the council.

Additional members on the council are:

a. A representative of county government, appointed by the governor;

b. A representative of city government, appointed by the governor;

c. A representative of the agricultural community, appointed by the governor;

d. Two senators, appointed by the majority leader of the senate of the legislative

assembly; and

e. Two representatives, appointed by the majority leader of the house of

representatives of the legislative assembly.

2. Each appointed member of the council shall serve a four-year term. The governor may

fill a vacancy in the membership of the council and remove an appointed member of

the council for cause. The council members shall select a chairman from among the

council members.

3. An appointed council member must be reimbursed by the commission for necessary

travel and other expenses incurred in the performance of official duties.

4. The council shall hold at least one meeting per year and any other meetings deemed

necessary by the chairman or a majority of the council.

5. The council shall:

a. Review site suitability and issue a report for a proposed high-level radioactive

waste facility to the legislative assembly or commission.

b. Review and make recommendations to the commission regarding rules and

standards relating to high-level radioactive waste and the duties of the

commission.

c. Consider any other matter related to this chapter the council deems appropriate,

and may make any recommendation to the commission concerning the

administration of this chapter.

d. Report its findings biennially to the commission and to the legislative

management.
N.D. Cent. Code § 38-08-09.8 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.8
38-08-09.8. Modification of property rights, leases, and contracts - Title to property - Distribution of proceeds - Effect of operations
Status: in_force

38-08-09.8. Modification of property rights, leases, and contracts - Title to property -

Distribution of proceeds - Effect of operations.

Property rights, leases, contracts, and all other rights and obligations must be regarded as

amended and modified to the extent necessary to conform to the provisions and requirements of

sections 38-08-09.1 through 38-08-09.16 and to any valid and applicable plan of unitization or

order of the commission made and adopted pursuant hereto, but otherwise to remain in full

force and effect.

Nothing contained in sections 38-08-09.1 through 38-08-09.16 may be construed to require

a transfer to or vesting in the unit of title to the separately owned tracts or leases thereon within

the unit area, other than the right to use and operate the same to the extent set out in the plan

of unitization; nor may the unit be regarded as owning the unit production. The unit production

and the proceeds from the sale thereof are owned by the several persons to whom the same is

allocated under the plan of unitization. All property, whether real or personal, which the unit may

in any way acquire, hold, or possess may not be acquired, held, or possessed by the unit for its

own account but must be so acquired, held, and possessed by the unit for the account and as

agent of the several lessees and is the property of such lessees as their interests may appear

under the plan of unitization, subject, however, to the right of the unit to the possession,

management, use, or disposal of the same in the proper conduct of its affairs.

The amount of the unit production allocated to each separately owned tract within the unit,

and only that amount, regardless of the well or wells in the unit area from which it may be

produced, and regardless of whether it be more or less than the amount of the production from

the well or wells, if any, on any such separately owned tract, must for all intents, uses, and

purposes be regarded and considered as production from such separately owned tract, and,

except as may be otherwise authorized in sections 38-08-09.1 through 38-08-09.16, or in the

plan of unitization approved by the commission, must be distributed among or the proceeds

thereof paid to the several persons entitled to share in the production from such separately

owned tract in the same manner, in the same proportions, and upon the same conditions that

they would have participated and shared in the production or proceeds thereof from such

separately owned tract had not said unit been organized, and with the same legal force and

effect. If adequate provisions are made for the receipt thereof, the share of the unit production

allocated to each separately owned tract must be delivered in kind to the persons entitled

thereto by virtue of ownership of oil and gas rights therein or by purchase from such owners

subject to the rights of the unit to withhold and sell the same in payment of unit expense

pursuant to the plan of unitization, and subject further to the call of the unit on such proportions

of the gas for operating purposes as may be provided in the plan of unitization.

Operations carried on under and in accordance with the plan of unitization must be

regarded and considered as a fulfillment of and compliance with all of the provisions, covenants,

and conditions, express or implied, of the several oil and gas mining leases upon lands included

within the unit area, or other contracts pertaining to the development thereof, insofar as said

leases or other contracts may relate to the common source of supply or portion thereof included

in the unit area. Wells drilled or operated on any part of the unit area no matter where located

must for all purposes be regarded as wells drilled on each separately owned tract within such

unit area.

Nothing herein or in any plan of unitization may be construed as increasing or decreasing

the express or implied covenants of a lease in respect to a unit source of supply or lands not

included within the unit area of a unit. However, when an oil and gas lease covers and affects

lands partially within and partially without the unit area, unit operations and unit production

allocated to the lease, as provided in this section, may not be deemed operations on or

production from the lease as to the lands covered by the lease lying outside the unit area after

two years from the effective date of the order of the commission creating and approving the unit

or the expiration of the primary term of the lease, whichever is the later date. After the later date,

the lease as to lands outside the unit area may be maintained in force and effect only in

accordance with the terms and provisions contained in the lease.
N.D. Cent. Code § 38-10-10 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-10
38-10-10. Conveyance of oil, gas, or mineral rights to include right of ingress and egress
Status: in_force

38-10-10. Conveyance of oil, gas, or mineral rights to include right of ingress and

egress.

In addition to the whole or fractional part of all oil, gas, and other minerals in or under, or

that may be produced from, the land, the conveyance must convey the right of ingress and

egress at all times for the purpose of mining, drilling, and exploring such lands for oil, gas, and

other minerals, and removing the same therefrom, with the right to remove any or all equipment

in connection therewith at any time.
N.D. Cent. Code § 38-22-17 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-17
38-22-17. Certificate of project completion - Release - Transfer of title and custody
Status: in_force

38-22-17. Certificate of project completion - Release - Transfer of title and custody

1. After carbon dioxide injections into a reservoir end and upon application by the storage

operator, the commission shall consider issuing a certificate of project completion.

2. The certificate may only be issued after public notice and hearing. The commission

shall establish notice requirements for this hearing.

3. The certificate may only be issued after the commission has consulted with the

department of environmental quality.

4. The certificate may not be issued until at least ten years after carbon dioxide injections

end.

5. The certificate may only be issued if the storage operator:

a. Is in full compliance with all laws governing the storage facility.

b. Shows that it has addressed all pending claims regarding the storage facility's

operation.

c. Shows that the storage reservoir is reasonably expected to retain the carbon

dioxide stored in it.

d. Shows that the carbon dioxide in the storage reservoir has become stable. Stored

carbon dioxide is stable if it is essentially stationary or, if it is migrating or may

migrate, that any migration will be unlikely to cross the storage reservoir

boundary.

e. Shows that all wells, equipment, and facilities to be used in the postclosure period

are in good condition and retain mechanical integrity.

f. Shows that it has plugged wells, removed equipment and facilities, and

completed reclamation work as required by the commission.

6. Once a certificate is issued:

a. Title to the storage facility and to the stored carbon dioxide transfers, without

payment of any compensation, to the state.

b. Title acquired by the state includes all rights and interests in, and all

responsibilities associated with, the stored carbon dioxide.

c. The storage operator and all persons who generated any injected carbon dioxide

are released from all regulatory requirements associated with the storage facility.

d. Any bonds posted by the storage operator must be released.

e. Monitoring and managing the storage facility is the state's responsibility to be

overseen by the commission until such time as the federal government assumes

responsibility for the long-term monitoring and management of storage facilities.
N.D. Cent. Code § 38-18-05 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-05
38-18-05. Definitions
Status: in_force

38-18-05. Definitions

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

1. "Agricultural production" means the production of any growing grass or crop attached

to the surface of the land, whether or not the grass or crop is to be sold commercially,

and the production of any farm animals, including farmed elk, whether or not the

animals are to be sold commercially.

2. "Disturbed" means any alteration of the topsoil of the land whether the alteration is for

the purpose of exploring for coal or commercial leonardite, or for the purpose of

carrying out an actual mining operation.

3. "Mineral developer" means the person who acquires at least seventy-five percent of

the mineral rights or a lease of at least seventy-five percent of the mineral rights for the

purpose of extracting or using the mineral for nonagricultural purposes.

4. "Mineral estate" means an estate in or ownership of all or part of the minerals under a

specified tract of land.

5. "Mineral lease" means any lease which purports to convey the minerals or rights

relating to the minerals under a specified tract of land separate from the surface, and

any other type of lease which gives or conveys rights to minerals.

6. "Mineral owner" means any person or persons who presently own the mineral estate,

their successors, assigns, or predecessors in title, under a specified tract of land by

means of a mineral deed, or by an exception or reservation in the deed, grant, or

conveyance of the surface, or by any other means whatsoever.

7. "Minerals" means coal or commercial leonardite.

8. "Mining operation" means any type of activity, the aim of which is to discover the

presence of minerals, or to remove the minerals so discovered from their original

position on or in the land by any means whatsoever.

9. "Surface estate" means an estate in or ownership of the surface of a particular tract of

land.

10. "Surface owner" means the person or persons who presently have valid title to the

surface of the land, their successors, assigns, or predecessors in title, regardless of

whether or not a portion of the land surface is occupied for a residence.
N.D. Cent. Code § 38-22-12 — ND Code / Title 38 / Chapter 38-22 / Section 38-22-12
38-22-12. Environmental protection - Reservoir integrity
Status: in_force

38-22-12. Environmental protection - Reservoir integrity

1. The commission shall take action to ensure that a storage facility does not cause

pollution or create a nuisance. For the purposes of this provision and in applying other

laws, carbon dioxide stored, and which remains in storage under a commission permit,

is not a pollutant nor does it constitute a nuisance.

2. The commission's authority in subsection 1 does not limit the jurisdiction held by the

department of environmental quality. Nothing else in this chapter limits the jurisdiction

held by the department of environmental quality.

3. The commission shall take action to ensure that substances that compromise the

objectives of this chapter or the integrity of a storage reservoir do not enter a storage

reservoir.

4. The commission shall take action to ensure that carbon dioxide does not escape from

a storage facility.
N.D. Cent. Code § 38-08.1-07 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-07
38-08.1-07. Civil and criminal penalties
Status: in_force

38-08.1-07. Civil and criminal penalties

1. A person who violates any provision of this chapter or commission rule or order is

subject to a civil penalty imposed by the commission not to exceed one thousand

dollars for each offense, and each day's violation is a separate offense. A penalty

imposed under this section, if not paid, may be recovered by the commission in the

district court of the county in which the defendant resides, or in which any defendant

resides if there is more than one defendant, or in the district court of any county in

which the violation occurred. Payment of the penalty does not legalize the activity for

which the penalty was imposed, or relieve the person upon whom the penalty was

imposed from liability to any other person for damage caused by the violation.

2. Notwithstanding this section, a person who willfully violates any provision of this

chapter or a commission rule or order is guilty of a class C felony.
N.D. Cent. Code § 38-17-07 — ND Code / Title 38 / Chapter 38-17 / Section 38-17-07
38-17-07. Waiver
Status: in_force

38-17-07. Waiver

The terms of a coal lease regulated by this chapter are hereby declared to be absolute and

unwaivable by either party to the coal lease or to the mineral agreement, regardless of lease

terms to the contrary. Any instrument which purports to waive the terms specified in this chapter

is null and void and of no legal effect.
N.D. Cent. Code § 38-14.1-33 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-33
38-14.1-33. Permit revocation - Bond forfeiture
Status: in_force

38-14.1-33. Permit revocation - Bond forfeiture

1. The commission may institute proceedings for the revocation of the permit and

forfeiture of the performance bond of a permittee for violation by the permittee of any

of the provisions of this chapter or of regulations implementing this chapter. The

commission shall issue an order forfeiting the bond and revoking the permit of a

permittee who fails to comply with an order of the commission suspending the permit

pursuant to subsection 2 of section 38-14.1-30.

2. A permittee whose bond has been forfeited and permit revoked shall immediately

cease all surface coal mining operations in this state. The permittee is not eligible to

receive another permit unless the land for which the bond was forfeited has been

reclaimed without cost to the state or the permittee has paid into the reclamation

account a sum which, added to the value of the bond, the commission finds adequate

to reclaim the land.

3. A permittee who refuses or willfully fails to comply with this chapter is ineligible for any

further mining permits. After an opportunity for hearing and after a finding by the

commission that the permit applicant, or operator specified in the application, controls

or has controlled mining operations with a demonstrated pattern of willful violations of

this chapter, or the Surface Mining Control and Reclamation Act of 1977 [Pub. L.

95-87; 91 Stat. 445; 30 U.S.C. 1201, et seq.], of such nature and duration and with

such resulting irreparable damage to the environment as to indicate an intent not to

comply with the provisions of this chapter, or the Surface Mining Control and

Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201, et seq.], no

permit may be issued to said permit applicant or permittee.
N.D. Cent. Code § 38-14.1-15 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-15
38-14.1-15. Permit applications - Extended mining plan
Status: in_force

38-14.1-15. Permit applications - Extended mining plan

1. An applicant shall submit as part of a permit application a plan identifying the lands

subject to surface coal mining operations over the estimated life of those operations

and the size, sequence, and timing of the subareas for which it is anticipated that

individual permits will be sought.

2. The permittee shall annually advise the commission of the status of the plan and shall

amend such plan if changes are made in anticipated mining operations or if updated

information is available.
N.D. Cent. Code § 38-18.1-07 — ND Code / Title 38 / Chapter 38-18.1 / Section 38-18.1-07
38-18.1-07. Waiver prohibited
Status: in_force

38-18.1-07. Waiver prohibited

The provisions of this chapter may not be waived at any time prior to the expiration of the

twenty-year period provided in section 38-18.1-02.
N.D. Cent. Code § 38-11.2-02 — ND Code / Title 38 / Chapter 38-11.2 / Section 38-11.2-02
38-11.2-02. Inspection of well site
Status: in_force

38-11.2-02. Inspection of well site

Upon request of another state agency, the surface owner, or an adjacent landowner, the

department of environmental quality shall conduct a site visit and evaluate site-specific

environmental data as necessary to ensure compliance with applicable environmental protection

laws and regulations relating to air, water, and land management under the jurisdiction of the

department.
N.D. Cent. Code § 38-09-06 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-06
38-09-06. Oil and gas leases adopted by resolution of board of county commissioners - Addition of new provisions to leases
Status: in_force

38-09-06. Oil and gas leases adopted by resolution of board of county commissioners

- Addition of new provisions to leases.

The confirmation, approval, and adoption of an oil and gas lease under the provisions of

section 38-09-05 must be by a proper resolution duly and regularly passed by the board of

county commissioners at a regular or special meeting thereof. The board may insert in such

resolution such provisions other than or in addition to those contained in the original lease as

the board may consider for the best interests of the county. If new terms or provisions are added

to the lease, the resolution must provide that such terms and provisions are binding upon the

county and upon the lessee and the lessee's assigns upon the execution of a written

acceptance endorsed upon a certified copy of such resolution by the lessee, the lessee's

assigns, or successors in interest.
N.D. Cent. Code § 38-11.1-07 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-07
38-11.1-07. Notification of injury - Statute of limitations
Status: in_force

38-11.1-07. Notification of injury - Statute of limitations

Any person, to receive compensation, under sections 38-11.1-08 and 38-11.1-09, 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. Any claim for relief for

compensation brought under this chapter must be commenced within the limitations period

provided in section 28-01-16.
N.D. Cent. Code § 38-08-04.2 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-04.2
38-08-04.2. Director of mineral resources - Director of oil and gas - Delegation to director of oil and gas
Status: in_force

38-08-04.2. Director of mineral resources - Director of oil and gas - Delegation to

director of oil and gas.

The industrial commission is authorized to appoint a director of mineral resources who shall

serve at the pleasure of the commission. The director of mineral resources shall carry out the

duties of the director of oil and gas along with the duties of director of mineral resources. The

commission may set the salary of the director of mineral resources. The commission may

delegate to the director of oil and gas all powers the commission has under this title and under

rules enacted under this title.
N.D. Cent. Code § 38-09-15.1 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-15.1
38-09-15.1. Sale of private mineral interests at public offerings for state mineral leases
Status: in_force

38-09-15.1. Sale of private mineral interests at public offerings for state mineral

leases.

The state or any of its departments and agencies when making a public offering for lease of

state-owned mineral interests may allow private owners of mineral interests common to the

state's mineral interests to offer their mineral interests at the public offering to be conducted by

the state. The state-owned and privately owned mineral interests must be offered separately at

the public offering. Privately owned mineral interests may only be offered when the common

state-owned mineral interest is being offered. The private mineral owners shall submit a signed

and notarized lease form to the state at the time they submit their minerals for inclusion in a

public offering together with a current title opinion for the mineral interests certified by an

attorney licensed to practice law in the state of North Dakota. The lease to be used by the

private mineral owners must be on a form prescribed by the board of university and school

lands in which the lease term, royalty rate, and rental rate are consistent with the state-owned

mineral lease term and rates. The executed lease must be submitted to the leasing agency prior

to the cutoff date for the public offering as established by the leasing agency. The private

mineral interests must be advertised in the same manner as provided for in section 38-09-15.

No bid may be accepted unless the bidder, at the time of the leasing, tenders or pays to the

leasing official an amount equal to the bonus offered for the lease. The payment must be in the

form of a thirty-day sight draft payable upon approval of title. The leasing official, in exchange for

tender of the bonus, shall deliver to the successful bidder the executed lease. The leasing

agency shall, as soon as practical after the sale, forward the thirty-day draft to the private

mineral owners. The person must agree to warrant and defend title to the mineral interest being

offered for lease before being allowed to offer the mineral interest for sale under this section.

When a person agrees to offer a mineral interest at a public offering that interest may not be

withdrawn from the offering. A person offering a mineral interest at a public offering under this

section shall agree to pay prior to sale an equitable share of the costs incurred by the state in

making that public offering. Nothing in this section may be construed or interpreted to impose

any liability or obligation upon the state or any of its departments, agencies, agents, or

employees by reason of any acts or omissions done under this section.
N.D. Cent. Code § 38-09-01.3 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-01.3
38-09-01.3. Sale of state lands to former owner, spouse, or lineal descendants free of reservations
Status: in_force

38-09-01.3. Sale of state lands to former owner, spouse, or lineal descendants free of

reservations.

Whenever the state or any of its departments sell lands to any person, from whom the state

derived the title to such lands, or to the person's spouse or lineal descendants in the first

degree, the lands must be sold free of any reservation of minerals provided for in section

38-09-01.
N.D. Cent. Code § 38-08-09.6 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.6
38-08-09.6. Unlawful operation
Status: in_force

38-08-09.6. Unlawful operation

From and after the effective date of an order of the commission creating a unit and

prescribing the plan of unitization applicable thereto, the operation of any well producing from

the common source of supply or portion thereof within the unit area defined in the order by

persons other than the unit or persons acting under its authority or except in the manner and to

the extent provided in such plan of unitization is unlawful and is hereby prohibited.
N.D. Cent. Code § 38-09-01.5 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-01.5
38-09-01.5. Instrument evidencing release to be furnished - Fees
Status: in_force

38-09-01.5. Instrument evidencing release to be furnished - Fees

When the purchase price of such lands has been fully paid to the state or its departments,

an instrument evidencing such release must be furnished on application and payment of fees

under rules to be prescribed by the state and its departments, but in no case may the fee

therefor exceed ten cents an acre [.40 hectare].
N.D. Cent. Code § 38-19-07 — ND Code / Title 38 / Chapter 38-19 / Section 38-19-07
38-19-07. Penalties
Status: in_force

38-19-07. Penalties

1. Any person who violates any provision of this chapter, or any rule or order of the

commission adopted or issued under this chapter, is subject to a civil penalty of not

more than twelve thousand five hundred dollars for each act of violation and for each

day the violation continues.

2. It is a class C felony for any person, for the purpose of evading this chapter, or any

rule or order of the commission, to make or cause to be made any false entry or

statement in a report required by this chapter or by any rule or order adopted or issued

or promulgated by the commission, or to make or cause to be made any false entry in

any record, account, or memorandum required by this chapter, or by any rule or order

of the commission, or to omit, or cause to be omitted, from any such record, account,

or memorandum, full, true, and correct entries as required by this chapter or by any

rule or order of the commission, or to remove from this state or destroy, mutilate, alter,

or falsify any record, account, or memorandum.

3. The civil penalties provided in subsection 1 are recoverable by suit filed by the

attorney general in the name and on behalf of the commission, in the district court of

the county in which the defendant resides, or in which any defendant resides, if there

is more than one defendant, or in the district court of any county in which the violation

occurred. The payment of the penalty does not operate to relieve a person on whom

the penalty is imposed from liability to any other person for damages arising out of

such violation.
N.D. Cent. Code § 38-09-19 — ND Code / Title 38 / Chapter 38-09 / Section 38-09-19
38-09-19. Lease void if not let as provided herein - Exceptions
Status: in_force

38-09-19. Lease void if not let as provided herein - Exceptions

No lease of public land for exploration or development of oil and gas production is valid

unless advertised and let as hereinbefore provided, except:

1. Where the acreage or mineral rights owned by the state or its departments and

agencies or political subdivisions is less than the minimum drilling unit under well

spacing regulations, nonoperative oil and gas leases may be executed through private

negotiation upon the same terms as provided in section 38-09-18, except that the

state, or its departments and agencies or political subdivisions may prescribe any

period or term of such lease it deems advisable, plus a reasonable bonus payment

and a sum sufficient to pay all costs involved.

2. The state or its departments and agencies or its political subdivisions shall have power

to ratify all oil and gas leases executed by the purchaser of state lands under a

contract for deed or other land purchase contract. In such instances, if all taxes upon

the property and contract payments are current, all bonus, delayed rental or other

lease payments under such leases must be paid to the purchaser under the land

purchase contract. Where such purchaser has delinquent payments upon the land

purchase contract or where there are delinquent taxes upon the property, all

delinquent payments and taxes must be paid prior to the ratification of the oil and gas

lease upon the premises.

3. All unexpired nonoperative oil and gas leases heretofore executed by the state, or its

departments or agencies or political subdivisions are hereby ratified.
N.D. Cent. Code § 38-02-05 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-05
38-02-05. Tunnel, opencuts, crosscuts, adits, or drilling equivalent to discovery shaft
Status: in_force

38-02-05. Tunnel, opencuts, crosscuts, adits, or drilling equivalent to discovery shaft

Any opencut, crosscut, or tunnel at a depth sufficient to disclose the mineral vein or lode, an

adit of at least ten feet [3.05 meters] in along the lode from the point where the lode may be

discovered, or the drilling of a hole or holes in the manner, and under the conditions and

requirements hereinafter set forth, is equivalent to a discovery shaft. The hole or holes must be

not less than one and one-half inches [3.81 centimeters] in diameter, must be sufficiently deep

to reach and cut or expose the mineral vein or lode, and must be protected at the surface

opening against injury to livestock. The discoverer shall designate one of the holes thus drilled

as the discovery hole, in the event that more than one such hole has been drilled.
N.D. Cent. Code § 38-23-07 — ND Code / Title 38 / Chapter 38-23 / Section 38-23-07
38-23-07. High-level radioactive waste fund - Continuing appropriation
Status: in_force

38-23-07. High-level radioactive waste fund - Continuing appropriation

There is established a high-level radioactive waste fund into which funds received under an

agreement entered under this chapter, permit fees, and civil penalties must be deposited. The

commission shall administer the fund and may use the fund to fulfill any of the commission's

powers and duties under this chapter. 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 purposes of this chapter.
N.D. Cent. Code § 38-08.1-06.1 — ND Code / Title 38 / Chapter 38-08.1 / Section 38-08.1-06.1
38-08.1-06.1. Plugging requirements - Rules - Liability for damage
Status: in_force

38-08.1-06.1. Plugging requirements - Rules - Liability for damage

All seismic holes must be plugged in accordance with rules adopted by the commission.

The commission shall review and revise its rules governing plugging requirements as

technology in the field evolves. The seismic company is liable for all damages resulting from

failure to comply with rules adopted by the commission pursuant to this section.
N.D. Cent. Code § 38-11.2-06 — ND Code / Title 38 / Chapter 38-11.2 / Section 38-11.2-06
38-11.2-06. Rejection - Legal action - Fees and costs
Status: in_force

38-11.2-06. Rejection - Legal action - Fees and costs

If the person seeking compensation rejects the offer of the mineral developer, that person

may bring an action for compensation in the court of proper jurisdiction. The court, in its

discretion, may award the person seeking compensation reasonable attorney's fees, any costs

assessed by the court, and interest on the amount of the final compensation awarded by the

court from the day drilling operations are commenced. The rate of interest awarded must be the

prime rate charged by the Bank of North Dakota on the date of the judgment.
N.D. Cent. Code § 38-11-04 — ND Code / Title 38 / Chapter 38-11 / Section 38-11-04
38-11-04. Offering of mineral leases to be public
Status: in_force

38-11-04. Offering of mineral leases to be public

Prior to the execution of a mineral lease by any agency of the state of North Dakota, that

agency owning or controlling the mineral interest shall first give notice in accordance with the

rules of the board of university and school lands. The notice must contain the information

required by the rules of the board of university and school lands and such other information as

may be deemed by the leasing agency to be applicable. The leasing must be by public auction

held at the time and place specified in the notice.
N.D. Cent. Code § 38-08-09.12 — ND Code / Title 38 / Chapter 38-08 / Section 38-08-09.12
38-08-09.12. Receipts as income
Status: in_force

38-08-09.12. Receipts as income

Neither the unit production, nor proceeds from the sale thereof, nor other receipts may be

treated, regarded, or taxed as income or profits of the unit; but instead, all such receipts are the

income of the several persons to whom or to whose credit the same are payable under the plan

of unitization. To the extent the unit may receive or disburse said receipts, it shall only do so as

a common administrative agent of the persons to whom the same are payable.
N.D. Cent. Code § 38-25-06 — ND Code / Title 38 / Chapter 38-25 / Section 38-25-06
38-25-06. Permit requirements - Storage in saline reservoir or aquifer
Status: in_force

38-25-06. Permit requirements - Storage in saline reservoir or aquifer

Before issuing a permit for storage in a saline reservoir or aquifer, 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.

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 storage reservoir's pore space.

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

percent of the storage reservoir's pore space.

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

containing fresh water.

7. The injected oil or gas will not escape from the storage reservoir.

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

9. The storage facility is in the public interest.

10. The vertical boundaries of the storage reservoir are defined to include any necessary

or reasonable buffer zones for the purpose of ensuring the safe operations of the

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

escape or migration of oil or gas therefrom.

11. The horizontal extent of the injected gas within the storage reservoir, as estimated by

reasonable means and confirmed through appropriate monitoring methods, are

defined to include any necessary or reasonable buffer zones for the purpose of

ensuring the safe operations of the storage facility and to protect the storage facility

against pollution, invasion, and escape or migration of oil or gas therefrom.

12. 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.

13. 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.

14. 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.

15. All nonconsenting pore space owners are or will be compensated equitably.
N.D. Cent. Code § 38-11.1-04.1 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-04.1
38-11.1-04.1. Notice of operations
Status: in_force

38-11.1-04.1. Notice of operations

1. Before the initial entry upon the land for activities that do not disturb the surface,

including inspections, staking, surveys, measurements, and general evaluation of

proposed routes and sites for oil and gas drilling operations, the mineral developer

shall provide at least seven days' notice by registered mail or hand delivery to the

surface owner unless waived by mutual agreement of both parties. The notice must

include:

a. The name, address, telephone number, and, if available, the electronic mail

address of the mineral developer or the mineral developer's designee;

b. An offer to discuss and agree to consider accommodating any proposed changes

to the proposed plan of work and oil and gas operations before commencement

of oil and gas operations; and

c. A sketch of the approximate location of the proposed drilling site.

2. Except for exploration activities governed by chapter 38-08.1, the mineral developer

shall give the surface owner written notice by registered mail or hand delivery of the oil

and gas drilling operations contemplated at least twenty days before commencement

of drilling operations unless mutually waived by agreement of both parties. If the

mineral developer plans to commence drilling operations within twenty days of the

termination date of the mineral lease, the required notice under this section may be

given at any time before commencement of drilling operations. The notice must

include:

a. Sufficient disclosure of the plan of work and operations to enable the surface

owner to evaluate the effect of drilling operations on the surface owner's use of

the property;

b. A plat map showing the location of the proposed well; and

c. A form prepared by the director of the oil and gas division advising the surface

owner of the surface owner's rights and options under this chapter, including the

right to request the department of environmental quality to inspect and monitor

the well site for the presence of hydrogen sulfide.

3. The notice required by this section must be given to the surface owner at the address

shown by the records of the county treasurer's office at the time the notice is given and

is deemed to have been received seven days after mailing by registered mail or

immediately upon hand delivery.

4. If a mineral developer fails to give notice as provided in this section, the surface owner

may seek appropriate relief in the court of proper jurisdiction and may receive punitive

as well as actual damages.
N.D. Cent. Code § 38-02-09 — ND Code / Title 38 / Chapter 38-02 / Section 38-02-09
38-02-09. Location claim not extended beyond the exterior line
Status: in_force

38-02-09. Location claim not extended beyond the exterior line

If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of

the claim at any point on the surface, or as extended vertically downward, such lode may not be

followed in its longitudinal course beyond the point where it is intersected by the exterior.
N.D. Cent. Code § 38-18-02 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-02
38-18-02. Legislative findings
Status: in_force

38-18-02. Legislative findings

1. The legislative assembly finds that it is necessary to exercise the police power of the

state as described in this chapter to protect the public welfare of North Dakota which is

largely dependent on agriculture and to protect the economic well-being of individuals

engaged in agricultural production. This finding recognizes that the people of North

Dakota desire to retain a strong agricultural economy and that North Dakota currently

produces three percent of the food for the entire nation.

2. Furthermore, the legislative assembly finds that there is an abundance of minerals in

North Dakota which can be used for the production of electricity, synthetic natural gas,

and other forms of energy, and that energy produced from North Dakota minerals is

needed by the nation and North Dakota is capable of producing up to two and one-half

percent of the nation's energy needs if the minerals found here are fully developed.

3. The legislative assembly further finds that mining development may temporarily

interfere with portions of the agricultural economy.
N.D. Cent. Code § 38-10-05 — ND Code / Title 38 / Chapter 38-10 / Section 38-10-05
38-10-05. Personal representative may sell mineral, oil, and gas rights separately from surface rights
Status: in_force

38-10-05. Personal representative may sell mineral, oil, and gas rights separately

from surface rights.

Whenever it appears to the satisfaction of the district court that it is necessary for the

payment of the family allowance or of claims, expenses of administration, or legacies, or that it

is for the advantage, benefit, or best interests of the estate of a decedent, minor, or

incompetent, and of the persons interested therein, that the whole or some undivided fractional

part of the oil, gas, or other minerals in or under, or that may be produced from, land belonging

to the estate should be sold separately from the surface rights, the personal representative may

sell the same, upon order of the district court.
N.D. Cent. Code § 38-18-06 — ND Code / Title 38 / Chapter 38-18 / Section 38-18-06
38-18-06. Written notice and consent required before permit to surface mine land may be issued
Status: in_force

38-18-06. Written notice and consent required before permit to surface mine land may

be issued.

1. Before the public service commission may issue a permit to surface mine land, the

mineral developer shall give the surface owner written notice of the type of land

disturbance or mining operation contemplated by the mineral developer. This notice

must sufficiently disclose the plan of work and operations to enable the surface owner

to evaluate the extent of the land disturbance on the surface owner's use of the

property. The notice must be accompanied by an enlarged United States geological

survey topographic map showing the specific locations to be covered by the mining

operation. The notice and map must be submitted to the surface owner at least thirty

days before the application for a permit to surface mine is to be submitted.

2. The public service commission may not issue a permit to surface mine land unless the

permit application is accompanied by statements of consent, executed by each

surface owner whose land is included within the permit area, to have surface mining

conducted upon the surface owner's land. The requirement established by this section

is in addition to the requirements of chapter 38-14.1.

3. A certified copy of a mineral lease executed by the surface owner in favor of the

mineral developer proposing the mining project or the developer's agent, or a certified

copy of a surface lease executed by the surface owner in favor of the mineral

developer proposing the mining project or the developer's agent, if filed with the

application for a permit to surface mine, may be used to fulfill the subsection 2

requirement of a statement of consent to have surface mining conducted. Any

previously executed mineral lease or surface lease in favor of the mineral developer,

the developer's successors, assigns, or predecessors in title runs with the land and is

binding on a subsequent mineral owner or owners or surface owner or owners, as the

case may be.

4. If the mineral developer desires to have the developer's permit amended to cover

additional land, the mineral developer shall file either consent statements or surface or

mineral leases executed by the surface owners of such additional land as required by

this section with the application to amend the permit to cover additional land. If, in

addition, all of the requirements of chapter 38-14.1 are met, the public service

commission may issue the amended permit.

5. If the mineral owner or the mineral developer is unable to obtain the surface owner's

consent, the mineral owner or mineral developer may bring an action in district court to

establish the relative rights of the parties and the measure of damages to the surface

owner. At any time after the filing of any such action and either before or after the final

decision of the district court, upon a showing to the satisfaction of the court that the

surface owner will be adequately compensated for lost production, lost land value, and

loss of the value of improvements due to the mining activity, the court shall issue an

order which will authorize the public service commission to issue a permit to surface

mine land without the consent which would otherwise be required by this section. In

the event the damages awarded by the court to the surface owner exceed the amount

tendered or otherwise provided for, the court shall award to the surface owner

reasonable attorney's fees in addition to any other sums determined to be due to the

surface owner.
N.D. Cent. Code § 38-12-04 — ND Code / Title 38 / Chapter 38-12 / Section 38-12-04
38-12-04. Procedure
Status: in_force

38-12-04. Procedure

The administrative procedure involved in the adopting of any rules or regulations or the

issuance of any orders by the commission under the provisions of this chapter must be in

accordance with the provisions of chapter 38-08 governing the procedure in the administration

of the Oil and Gas Conservation Act; provided, however, that in the event an emergency is

found to exist by the commission which in its judgment requires the making, revoking, changing,

amending, modifying, altering, enlarging, renewal, or extension of a rule, regulation, or order

without first having a hearing, such emergency rule, regulation, or order has the same validity as

if a hearing with respect to the same had been held after due notice. The emergency rule,

regulation, or order permitted by this section may remain in force no longer than fifteen days

from its effective date, and in any event, it expires when the rule, regulation, or order made after

due notice and hearing with respect to the subject matter of such emergency rule, regulation, or

order becomes effective.
N.D. Cent. Code § 38-14.1-27 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-27
38-14.1-27. Inspections and monitoring
Status: in_force

38-14.1-27. Inspections and monitoring

1. For the purpose of developing or assisting in the development, administration, and

enforcement of this chapter and of regulations promulgated by the commission in

accordance with this chapter or in the administration and enforcement of any permit

under this chapter, or of determining whether any operator or permittee is in violation

of any requirement of this chapter or the regulations promulgated by the commission in

accordance with this chapter:

a. The commission shall require any permittee to:

(1) Establish and maintain appropriate records.

(2) Submit monthly, semiannual, annual, and other reports, including

information as the commission may require.

(3) Install, use, and maintain any necessary monitoring equipment or methods.

(4) Evaluate results in accordance with such methods, at such locations,

intervals, or in such manner as the commission shall prescribe.

(5) Provide such other information relative to surface coal mining and

reclamation operations as the commission deems reasonable and

necessary.

b. For those surface coal mining and reclamation operations which remove or

disturb strata that serve as aquifers which significantly ensure the hydrologic

balance of water use either on or off the mining site, the commission, in

consultation with other appropriate state agencies, shall specify those:

(1) Monitoring sites to record the quantity and quality of surface drainage above

and below the minesite as well as in the potential zone of influence.

(2) Monitoring sites to record level, amount, and samples of ground water and

aquifers potentially affected by the mining and also directly below the

lowermost (deepest) coal or commercial leonardite seam to be mined.

(3) Records of well logs and borehole data to be maintained.

(4) Monitoring sites to record precipitation.

The monitoring data collection and analysis required by this section must be

conducted according to standards and procedures set forth by the commission in

consultation with other appropriate state agencies in order to assure their

reliability and validity.

c. An annual map must be submitted by the operator to the commission for each

year of the permit term and until the total bond amount has been released. The

map must be in a form prescribed by the commission showing the status of

surface coal mining and reclamation operations that have occurred during the

year being reported, with a legend showing the number of acres [hectares]

affected by such operations.

d. The authorized representatives of the commission, without advance notice,

without a warrant, and upon presentation of appropriate credentials:

(1) Shall have the right of entry to, upon, or through any surface coal mining

and reclamation operations or any premises in which any records required

to be maintained under this subsection are located; and

(2) May at reasonable times, and without delay, have access to and copy any

records, inspect any monitoring equipment or method of operation required

under this chapter.

2. The commission shall cause to be made such inspections of any surface coal mining

and reclamation operation as are necessary to ensure compliance with this chapter

and any regulations promulgated pursuant thereto. However, the inspections by the

commission shall:

a. Occur on an irregular basis averaging not less than one partial inspection per

month and one complete inspection per calendar quarter for the surface coal

mining and reclamation operation covered by each permit.

b. Occur without prior notice to the permittee or the permittee's agents or employees

except for necessary onsite meetings with the permittee.

c. Include the filing of inspection reports adequate to enforce the requirements of

and to carry out the terms and purposes of this chapter.

d. Occur without a warrant.

3. Each permittee shall conspicuously maintain at the entrances to surface coal mining

and reclamation operations a clearly visible sign which sets forth the name, business

address, and telephone number of the permittee and the permit number of the surface

coal mining and reclamation operation.

4. Each inspector, upon detection of each violation of any requirement of this chapter or

the regulations promulgated by the commission, shall inform the operator or permittee

in writing, and shall report in writing any such violations to the commission.

5. Copies of any material records, reports, inspection materials, or information required

under this section by the commission must be filed in the office of the county auditor of

the county in which the surface coal mining operations occur.
N.D. Cent. Code § 38-11.1-03.1 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-03.1
38-11.1-03.1. Inspection of well site
Status: in_force

38-11.1-03.1. Inspection of well site

Upon request of the surface owner or adjacent landowner, the department of environmental

quality shall inspect and monitor the well site on the surface owner's land for the presence of

hydrogen sulfide. If the presence of hydrogen sulfide is indicated, the department of

environmental quality shall issue appropriate orders under chapter 23.1-06 to protect the health

and safety of the surface owner's health, welfare, and property.
N.D. Cent. Code § 38-14.1-35 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-35
38-14.1-35. Judicial review
Status: in_force

38-14.1-35. Judicial review

1. There is a right to judicial review pursuant to sections 28-32-42 through 28-32-49:

a. To any applicant or any person with an interest which is or may be adversely

affected who has participated in administrative proceedings under section

38-14.1-30 as an objector, and who is aggrieved by the decision of the

commission.

b. To any person with an interest which is or may be adversely affected who has

participated in the administrative proceedings if the commission fails to act within

the time limits specified in this chapter or in accordance with the provisions of

c. To any permittee who is subject to an order by the commission implementing a

final decision to suspend or revoke the permittee's permit under section

38-14.1-28 or to any operator or permittee who is subject to an order by the

commission implementing a final decision imposing a penalty under section

38-14.1-29 or any person having an interest which is or may be adversely

affected by such order or by any modification, vacation, or termination of such

order.

d. To any person claiming to be aggrieved or adversely affected by any regulation

promulgated by the commission to carry out the provisions of this chapter or by

any order of the commission or by its failure to enter an order.

2. Availability of judicial review under this section may not be construed to limit the

operation of the rights established in section 38-14.1-40 except as provided therein.
N.D. Cent. Code § 38-11.1-08.1 — ND Code / Title 38 / Chapter 38-11.1 / Section 38-11.1-08.1
38-11.1-08.1. Loss of production payments
Status: in_force

38-11.1-08.1. Loss of production payments

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 caused by oil and gas production and completion operations.

The amount of damages may be determined by any formula mutually agreeable between the

surface owner and the mineral developer. When determining damages for loss of production,

consideration must be given to the period of time during which the loss occurs and the damages

for loss of production must be paid annually unless the surface owner elects to receive a single

lump sum payment. Payments under this section are intended to compensate the surface owner

for loss of production. 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.
N.D. Cent. Code § 38-14.1-41 — ND Code / Title 38 / Chapter 38-14.1 / Section 38-14.1-41
38-14.1-41. Chapter 28-32 to apply to this chapter - Regulations
Status: in_force

38-14.1-41. Chapter 28-32 to apply to this chapter - Regulations

Chapter 28-32 applies to this chapter, except as otherwise provided in specific provisions of

this chapter. The commission may promulgate regulations with respect to the administration of

this chapter under chapter 28-32 except that if the commission determines that an emergency

exists due to changes in federal performance standards promulgated under the Surface Mining

Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.], and

any amendments thereto, the commission may adopt emergency regulations in accordance with

the purposes of this chapter, which are effective immediately upon approval by the attorney

general. Such emergency regulations remain in effect for a period not to exceed ninety days

unless a public hearing is held pursuant to sections 28-32-10 and 28-32-11.