reglab/housing_qa huggingface dataset:
SD Codified L § 45-6C-14 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-14 - Confidential information and notice of intent protected--Violation as misdemeanor.

45-6C-14. Confidential information and notice of intent protected--Violation as misdemeanor.Information provided to the state agencies in the notice of intent to conduct an exploration shall be public information, except that the tentative test hole locations required by §45-6C-9 and the location of completed test holes are confidential for two years after the completion of the exploration operation. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor. Source: SL 1982, ch 306, §14.
SD Codified L § 45-6C-15 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-15 - Copies of intent and restrictions--Filing with county commissioners--Publication.

45-6C-15. Copies of intent and restrictions--Filing with county commissioners--Publication.The Department of Agriculture and Natural Resources, upon receipt of a notice of intent to conduct an exploration operation, shall immediately file a copy of such notice with the board of county commissioners of the affected county, along with any restrictions imposed by the Department of Game, Fish and Parks, the state archaeologist, or the department. The department shall also cause a notice of the filing of a notice of intent to conduct an exploration operation to be published in a newspaper of general circulation in the locality of the planned exploration operation within ten days after the notice of intent is filed with the department. Such notice shall contain the identity and address of the operator and resident agent, a brief description of the type of mineral exploration operation to be conducted, the legal description of the land to be explored, the approximate date upon which the operation will commence, and the location where additional information about the proposed exploration operation may be obtained. Source: SL 1982, ch 306, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-16 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-16 - Consultation with surface owner--Preferences for reclamation and travel restrictions.

45-6C-16. Consultation with surface owner--Preferences for reclamation and travel restrictions.Before the operator may enter upon the surface of land proposed to be explored, the operator shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences for the reclamation of the affected land. A copy of such preferences shall be filed by the operator with the Department of Agriculture and Natural Resources and considered by the applicant. The owner may also specify, in writing, reasonable restrictions regarding travel areas on the property and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed by the operator with the department and are binding on the operator. Such consultations may be conducted prior to commencing the exploration operation or during various phases of the exploration operation. Source: SL 1982, ch 306, §16; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-17 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-17 - Fee for notice of intent.

45-6C-17. Fee for notice of intent.A fee of two hundred fifty dollars shall accompany the notice of intent. Source: SL 1982, ch 306, §17.
SD Codified L § 45-6C-18 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-18 - Domestic water wells--Information required of operator.

45-6C-18. Domestic water wells--Information required of operator.The Board of Minerals and Environment may require the operator to provide, prior to commencing or during the course of an exploration operation, water quality information concerning designated domestic water wells within one-half mile of the proposed exploration area. If the operator is refused access to any well, the operator shall notify, in writing, the Department of Agriculture and Natural Resources of such refusal and may not be required thereafter to provide any information concerning such well. Source: SL 1982, ch 306, §18; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-19 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-19 - Inspection of area before exploration--Surety for costs of plugging test holes and reclamation.

45-6C-19. Inspection of area before exploration--Surety for costs of plugging test holes and reclamation.The Department of Agriculture and Natural Resources may inspect the area proposed to be explored. Based upon this inspection, the criteria established in §45-6C-20, and the submitted reclamation plan, the department shall set the level of the surety necessary to guarantee the costs of plugging all of the proposed test holes and reclamation of affected public and private lands. The surety shall be filed or deposited with the department before the operator commences the exploration operation in such form as required by the department. In lieu of filing or depositing a surety for each exploration operation, the operator may post a twenty thousand dollar surety for statewide exploring. If a statewide surety is posted, the person posting the surety shall otherwise comply with the provisions of this chapter for every area to be explored. Source: SL 1982, ch 306, §19; SL 1987, ch 323, §2; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-20 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-20 - Criteria for determining amount of surety.

45-6C-20. Criteria for determining amount of surety.Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include:(1)Potential damages to unique and natural historical sites, springs, natural or man-made water storage and transport facilities, domestic and public water wells and water supply, waste water transport, storage and treatment facilities, or crops;(2)Topography;(3)Climatic, soil, and vegetative conditions;(4)Estimated costs per test hole site to reclaim disturbed surface areas; and(5)Estimated cost per test hole site to plug each test hole. Source: SL 1982, ch 306, §20; SL 2011, ch 165, §211.
SD Codified L § 45-6C-21 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-21 - Surety bond--Surety other than bond--Considerations by board.

45-6C-21. Surety bond--Surety other than bond--Considerations by board.In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond. Source: SL 1982, ch 306, §21; SL 2011, ch 165, §212.
SD Codified L § 45-6C-22 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-22 - Cash or securities in lieu of surety.

45-6C-22. Cash or securities in lieu of surety.In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in §45-6C-23. Source: SL 1982, ch 306, §22.
SD Codified L § 45-6C-23 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-23 - Surety payable to state--Conditions required.

45-6C-23. Surety payable to state--Conditions required.The surety provided for by §45-6C-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. Such surety shall remain in effect until the test hole plugging and reclamation are approved by the Board of Minerals and Environment and the surety is released by the board. At least thirty days prior to the release of the surety, the Department of Agriculture and Natural Resources shall notify the board of county commissioners of the affected county and the surface owner or lessee of the affected land, if other than the mineral owner, of the proposed surety release. Source: SL 1982, ch 306, §23; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-24 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-24 - Surety liability continues until released.

45-6C-24. Surety liability continues until released.Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation. Source: SL 1982, ch 306, §24.
SD Codified L § 45-6C-25 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-25 - Surety penalty--Amount.

45-6C-25. Surety penalty--Amount.The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging ten percent of the proposed test holes and reclamation as determined pursuant to §45-6C-23. Source: SL 1982, ch 306, §25.
SD Codified L § 45-6C-26 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-26 - Exploration operations--Applicable laws.

45-6C-26. Exploration operations--Applicable laws.Every operator who files notice of intent to conduct an exploration operation may engage in the exploration operation upon the affected lands described in the notice of intent to conduct an exploration operation, upon the performance of and subject to §§45-6C-27 to 45-6C-34, inclusive, with respect to such lands. Source: SL 1982, ch 306, §26.
SD Codified L § 45-6C-27 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-27 - Explosives.

45-6C-27. Explosives.No exploration operations involving the use of explosives may be conducted within one-quarter mile of a flowing water well or a domestic water well unless permission is granted, in writing, by the owner of such well. An operator violating this section is strictly liable for any damage to such water well. The owner of the water well is responsible for establishing the volumetric production and water quality of the well prior to the violation. Source: SL 1982, ch 306, §27.
SD Codified L § 45-6C-28 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-28 - Capping, sealing, and plugging of test holes--Temporary delay.

45-6C-28. Capping, sealing, and plugging of test holes--Temporary delay.The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily keep the test hole open. The board may, in its discretion, allow the operator a temporary delay, if the test hole is securely covered in a manner which will prevent injury to persons or animals and marked in a manner approved by the board. Source: SL 1982, ch 306, §28; SL 1983, ch 311.
SD Codified L § 45-6C-29 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-29 - Capping, sealing, and plugging test holes--Rules.

45-6C-29. Capping, sealing, and plugging test holes--Rules.The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26, to regulate the capping, sealing, and plugging of all test holes drilled pursuant to this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the prevention of any artesian flow of groundwater toward the surface, and the prevention of fluid communication between aquifers. Source: SL 1982, ch 306, §29.
SD Codified L § 45-6C-31 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-31 - Test holes used for water wells.

45-6C-31. Test holes used for water wells.If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6. Source: SL 1982, ch 306, §31.
SD Codified L § 45-6C-32 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-32 - Roads and trails.

45-6C-32. Roads and trails.The operator shall construct all roads and trails developed for the exploration project to minimize sedimentation and erosion by the placement of water bars and similar structures, road placement on the contour, revegetation of roadwork and embankment slopes, or by using other necessary methods. Source: SL 1982, ch 306, §32.
SD Codified L § 45-6C-33 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-33 - Restoration of drill sites and affected land.

45-6C-33. Restoration of drill sites and affected land.The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be necessary. Source: SL 1982, ch 306, §33; SL 2011, ch 165, §213.
SD Codified L § 45-6C-34 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-34 - Penetration of aquifer--Notice to board.

45-6C-34. Penetration of aquifer--Notice to board.The operator shall notify, in writing, the Board of Minerals and Environment of the penetration of an aquifer and the location of the test hole penetrating such aquifer as soon as practically possible, but not more than ninety days after penetration. The board may waive this requirement if, after consultation with the state geologist, the board determines that further hydrological information is no longer necessary from a particular area of the exploration operation or from the entire area of the exploration operation. Source: SL 1982, ch 306, §34.
SD Codified L § 45-6C-35 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-35 - Penetration of aquifer--Report required.

45-6C-35. Penetration of aquifer--Report required.The operator shall submit, upon completion of the exploration operation, a clear and complete report identifying all test holes which have penetrated an aquifer, the depth of the aquifer, and the method used to plug each such test hole. The information contained in the report is not confidential. However, the Board of Minerals and Environment and the Department of Agriculture and Natural Resources shall keep the source of the information confidential. Further, the operator shall submit a report identifying the location of all test holes with sufficient information to allow the department to locate such test holes. Source: SL 1982, ch 306, §35; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-36 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-36 - Violation--Notice to operator.

45-6C-36. Violation--Notice to operator.If the secretary of agriculture and natural resources has reason to believe that a violation of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice shall be served personally or by registered mail upon the alleged violator or the alleged violator's agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and shall recommend possible corrective action. Source: SL 1982, ch 306, §36; SL 1991, ch 17 (Ex. Ord. 91-4), §21; SL 2011, ch 165, §214; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-37 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-37 - Violation--Cease and desist order.

45-6C-37. Violation--Cease and desist order.If the secretary of agriculture and natural resources determines that a violation of any provision of this chapter exists, the board, not less than forty-eight hours after service of the notice required by §45-6C-36, may issue a cease and desist order. Such order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of must be terminated and shall recommend possible corrective action. Such order shall be served personally or by registered mail upon the alleged violator or his agent for service of process. Source: SL 1982, ch 306, §37; SL 1991, ch 17 (Ex. Ord. 91-4), §21; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6C-38 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-38 - Violation--Hearing.

45-6C-38. Violation--Hearing.The Board of Minerals and Environment may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease and desist order; except that an earlier date for hearing may be requested by the alleged violator. If a hearing is held pursuant to the provisions of this section, it shall be open to the public and conducted in accordance with the provisions of chapter 1-26. The board shall permit all parties to respond to the notice served, to present evidence and arguments on all issues, and to conduct cross-examination required for a full disclosure of the facts. Source: SL 1982, ch 306, §38.
SD Codified L § 45-6C-39 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-39 - Violation--Suspension of operations.

45-6C-39. Violation--Suspension of operations.Upon a determination, after hearing, that a violation of this chapter has occurred, the Board of Minerals and Environment may order the operator to suspend all exploration operations within the state. If the board issues such order, the operator may continue the exploration operation only for the purpose of bringing the exploration operation into satisfactory compliance with the provisions of this chapter. Once such operations are completed to the satisfaction of the board, the board shall revoke its order suspending the exploration operations of the operator. Source: SL 1982, ch 306, §39.
SD Codified L § 45-6C-40 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-40 - Violation--Action for temporary restraining order or injunction.

45-6C-40. Violation--Action for temporary restraining order or injunction.The Board of Minerals and Environment may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of this chapter. Suits under this section shall be brought in the circuit court for the county where the alleged violation occurs. Source: SL 1982, ch 306, §40.
SD Codified L § 45-6C-41 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-41 - Violation--Forfeiture of surety--Proceedings by attorney general.

45-6C-41. Violation--Forfeiture of surety--Proceedings by attorney general.The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §45-6C-37. Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question, plug the appropriate test holes, or forfeit the bond penalty. Source: SL 1982, ch 306, §41.
SD Codified L § 45-6C-42 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-42 - Violation--Forfeiture of surety--Reclamation of land by board.

45-6C-42. Violation--Forfeiture of surety--Reclamation of land by board.The Board of Minerals and Environment shall plug and reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited. Source: SL 1982, ch 306, §42.
SD Codified L § 45-6C-43 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06C - Mineral Exploration|Section 45-6C-43 - Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.

45-6C-43. Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.All fees received by the Department of Agriculture and Natural Resources shall be deposited by the department in the environment and natural resources fee fund established pursuant to §1-41-23. The proceeds of any surety forfeiture proceedings conducted pursuant to §45-6C-41 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The revenue fund is continuously appropriated to the Board of Minerals and Environment for the reclamation of affected lands which were obligated to be reclaimed. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate. Source: SL 1982, ch 306, §43; SL 1994, ch 23, §7; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.