reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-88 - Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.

45-6B-88. Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.
The board, by rules adopted in compliance with chapter 1-26, shall provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.
Source:
SL 1991, ch 288, §11.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-91 - Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator.

45-6B-91. Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator.
The operator shall prepare a detailed postclosure plan for a mining operation. The plan shall include, at a minimum, a description of the activities, methods, procedures, and processes necessary to ensure the continued effectiveness of reclamation measures and compliance with applicable performance standards including, as necessary:
(1)Treatment of tailings to ensure continued neutralization or immobilization of any parameters of concern;
(2)Operation of monitoring systems;
(3)Inspection and maintenance activities to ensure compliance with all applicable reclamation, design, and operating criteria; and
(4)Procedures for maintaining the final cover and controlling erosion and fugitive dust.
For each mining operation requiring a postclosure plan, the operator shall begin postclosure care immediately following the release of reclamation surety and continue postclosure care for thirty years. The board may modify the permit to reduce the length of the postclosure care period at any time after reclamation surety release if a reduced period ensures compliance with all applicable performance standards. The board may modify the permit to extend the period beyond thirty years if necessary to ensure compliance with all applicable performance standards or design and operating criteria.
For each mining operation requiring a postclosure plan, the operator shall post with the board financial assurance to guarantee the costs of postclosure care and maintenance over the postclosure period.
After completion of postclosure care of the mine area, the operator shall submit to the department a statement certifying that postclosure activities have been completed in accordance with the postclosure plan. The department shall conduct an on-site inspection of the affected mine area, and provide public notice of its findings, at least thirty days prior to approving the certification of completion of postclosure care.
Liability of an operator for the affected mine area under this chapter shall continue until the certification of completion of postclosure care is approved by the board.
Source:
SL 1992, ch 254, §3.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-92 - Description of critical resources affected by reclamation plan.

45-6B-92. Description of critical resources affected by reclamation plan.
The applicant shall, as part of the reclamation plan, include a description of all critical resources potentially affected by the mining operation and plans for mitigating potential impacts to such critical resources. Critical resources shall be addressed by the applicant during the evidentiary portion of a contested case hearing before the board on the mine permit application.
For purposes of this chapter, critical resources include the following:
(1)Wildlife--critical deer winter range, threatened or endangered species, and any other critical wildlife resource identified by the Department of Game, Fish and Parks;
(2)Aquatic resources--cold water fish life propagation water;
(3)Vegetation--riparian zones, mountain meadows, wetlands, and threatened or endangered species;
(4)Water--direct or indirect sources of drinking water;
(5)Visual resources--areas of severe visual constraint or retention quality objective;
(6)Soils--soils with high erosion and low revegetation potential;
(7)Cultural resources--cultural resources that are eligible for the national register of historic places;
(8)Air quality--areas with minimal ambient airborne particulates and areas near potential receptors including residences and recreational areas;
(9)Noise--areas near potential receptors including residences and recreational areas; and
(10)Lands designated as special, exceptional, critical, or unique pursuant to subdivision 45-6B-33(3).
Source:
SL 1992, ch 254, §4.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-93 - Annual report on large-scale gold or silver surface mining operation--Information to be included.

45-6B-93. Annual report on large-scale gold or silver surface mining operation--Information to be included.
Any operator of a large-scale gold or silver surface mining operation shall submit an annual report by January first of each year including an oral presentation to the Board of Minerals and Environment explaining the information in the written annual report. The annual report shall include the following information:
(1)The total and previous year's amount of affected land;
(2)The total and previous year's amount of surface mining disturbed land;
(3)The total and previous year's amount of land that has undergone interim reclamation;
(4)The total and previous year's amount of land that has undergone final reclamation and which meets the required post-mining land use;
(5)The total and previous year's amount of land that has undergone final reclamation but which does not meet the required post-mining land use;
(6)The total amount of groundwater withdrawn during the previous year;
(7)The total amount of surface water withdrawn during the previous year;
(8)The total amount of ore mined during the previous year;
(9)The total amount of ore processed during the previous year;
(10)The total amount of waste rock mined during the previous year;
(11)The total amount of gold and silver produced during the previous year;
(12)The total amount of cyanide used during the previous year; and
(13)A brief discussion of the coming year's operational plans including any anticipated revisions that might require department or board approval.
Source:
SL 1992, ch 254, §5; SL 2013, ch 166, §103.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-94 - Gold or silver surface mining--Legislative findings.

45-6B-94. Gold or silver surface mining--Legislative findings.
The Legislature of South Dakota finds that protection of the environment requires regulation of the total amount of land that can be disturbed by surface mining by large-scale gold or silver surface mining operations at any given time.
Source:
Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-95 - Permits for new large-scale operations--Limitations.

45-6B-95. Permits for new large-scale operations--Limitations.
The board may not issue a permit for a new large-scale gold or silver surface mining operation if the proposed surface mining disturbed lands under that permit shall exceed three hundred twenty acres. Nor may the board issue new permits or amendments to existing permits for new large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with §45-6B-97.
Source:
Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-96 - Permits for presently operating large-scale gold or silver surface mines.

45-6B-96. Permits for presently operating large-scale gold or silver surface mines.
The board may not issue new permits to or amendments to existing permits for presently operating large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with §45-6B-97, except that presently operating large-scale gold or silver surface mining operations are not subject to this provision until the permitted acres of surface mining disturbed lands total two hundred acres more per each individual permit than its permitted surface mining disturbed land total acreage as of January 1, 1992.
Source:
Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165, §209.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-97 - Reclamation--Qualifications for credit--Assignment.

45-6B-97. Reclamation--Qualifications for credit--Assignment.
New permits or amendments to existing permits for expanded acres of surface mining disturbed land for operations referred to in §§45-6B-95 and 45-6B-96 may be issued only if the applicant has performed reclamation on an equal number of acres of permitted affected land, or has agreed not to disturb an equal acreage of permitted affected land, or, with consent of the board, has performed or agrees to perform reclamation concurrently with disturbance of an equal number of acres of previously mined land inside or outside a permit area boundary. For purpose of §§45-6B-94 to 45-6B-99, inclusive only, reclamation is performed when the operator completes required grading, topsoil replacement, erosion, and drainage control and any required planting and seeding that the department finds meets the requirements of the approved reclamation plan. To qualify for reclamation credit, reclamation activities shall have been conducted after the operator was granted the original large-scale gold or silver surface mining permit and surety for the reclaimed acres of affected land shall not have been released prior to November 19, 1992. With consent of the board, a large-scale gold or silver surface mining operator may assign reclamation credit acreage to another large-scale gold or silver surface mining operator.
Source:
Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-98 - Submission of reclamation plan--Contents.

45-6B-98. Submission of reclamation plan--Contents.
The operator of an existing permitted large-scale gold or silver surface mining operation shall submit for board approval, a plan for conducting reclamation activities on lands to be reclaimed for reclamation acreage credit if those lands are not otherwise covered by an existing surety and reclamation plan authorized under this chapter. The plan for conducting reclamation shall include a detailed description of those activities to be conducted to reclaim the lands proposed for reclamation credit, a time schedule for conducting those activities, the post-reclamation land use of the lands, a post-reclamation map, and the estimated cost of conducting the reclamation. The plan shall be submitted as part of the application for any new permit or amendment to any existing permit that would cause an increase in an existing operator's permitted affected lands and shall be considered a procedural completeness requirement.
Source:
Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-99 - Exclusion of underground mining operations.

45-6B-99. Exclusion of underground mining operations.
Presently operating or new underground mining operations are not subject to the provisions of §§45-6B-94 to 45-6B-99, inclusive.
Source:
Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165, §210.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-104 - New surface mining permits prohibited for private land in Spearfish Canyon.

45-6B-104. New surface mining permits prohibited for private land in Spearfish Canyon.
The board may issue no new permit for any surface mining operation on private land in Spearfish Canyon.
Source:
SL 1995, ch 249, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-106 - Lake dredging activities license.

45-6B-106. Lake dredging activities license.
An operator shall obtain a license to conduct lake dredging activities in accordance with the provisions of chapter 45-6, if soils, sediments, or organic materials are to be extracted for sale or for processing for sale as potting soil, soil material, soil amendment, or soil conditioner. If licensed under chapter 45-6, such activities do not require permitting under chapter 45-6B.
Source:
SL 1996, ch 262, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-2 - Legislative findings and policy.

45-6C-2. Legislative findings and policy.
The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The exploration for and discovery of these minerals by means of drilling and other methods of detecting mineral deposits are necessary for the economic development of the state and the nation. Every effort should be used to promote and encourage the exploration for mineral resources, but to prevent the waste and spoilage of the land which would deny its future use and productivity. It is the responsibility of the state to ensure that:
(1)Upon completion of an exploration operation the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; and
(2)Both during and after an exploration operation, water and other natural resources are not endangered.
Source:
SL 1982, ch 306, §2.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-4 - Permit or surety not required by governmental office or political subdivision of state.

45-6C-4. Permit or surety not required by governmental office or political subdivision of state.
No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for exploration operations.
Source:
SL 1982, ch 306, §4.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-5 - Compliance with public land laws and this chapter.

45-6C-5. Compliance with public land laws and this chapter.
All exploration operations on state owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter.
Source:
SL 1982, ch 306, §5.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-6 - Notice of intent to conduct exploration operation--Items comprising notice.

45-6C-6. Notice of intent to conduct exploration operation--Items comprising notice.
Any person desiring to conduct an exploration operation shall file with the Department of Agriculture and Natural Resources a notice of intent to conduct an exploration operation on a form approved by the Board of Minerals and Environment. Each notice of intent shall be limited to sixteen contiguous townships.
The notice of intent shall include the following:
(1)A notice form pursuant to §45-6C-7;
(2)A plan of reclamation pursuant to §45-6C-8;
(3)A map pursuant to §45-6C-9; and
(4)A fee pursuant to §45-6C-17.
Source: SL 1982, ch 306, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-7 - Notice form--Contents.

45-6C-7. Notice form--Contents.
The notice form shall contain:
(1)The name of the operator who intends to conduct the mineral exploration operation;
(2)The operator's address and principle place of business;
(3)The name and address of the resident agent for the service of process on the operator;
(4)A statement that the mineral exploration operation will be conducted pursuant to and subject to the provisions of this chapter;
(5)A brief description of the type of mineral exploration operation to be conducted;
(6)The legal description of the land to be explored by section, township, and range;
(7)The approximate date upon which the operation will commence;
(8)A statement that the applicant has the authority to conduct an exploration operation on the lands described in the application;
(9)The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant such access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and thereafter for such time as is necessary to assure compliance with the provisions of this chapter.
Source:
SL 1982, ch 306, §7.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-8 - Plan of reclamation--Contents.

45-6C-8. Plan of reclamation--Contents.
The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include:
(1)A description of the type of reclamation the operator proposes to achieve in the reclamation of the affected land;
(2)A proposed timetable for seeding and replanting indicating when and how the reclamation plan will be implemented. Such timetable shall be developed after consulting the local conservation district as to the nature of the soils and native vegetation in the area of the proposed exploration operation. The recommendations of the local conservation district shall be followed if any are provided;
(3)A narrative description of how the reclamation plan will rehabilitate the affected land;
(4)A narrative description of the temporary and permanent plugging and capping procedure to be used;
(5)The estimated cost of implementing and completing the proposed reclamation and the estimated cost of plugging and sealing each test hole pursuant to the provisions of §§45-6C-28 and 45-6C-29.
Source:
SL 1982, ch 306, §8.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-9 - Map of exploration area.

45-6C-9. Map of exploration area.
The applicant shall submit with the notice of intent a map, topographic map if available, of the proposed exploration area and of the adjacent one-half mile area surrounding the proposed exploration area. The map shall identify the location of all known natural springs, lakes, ponds, reservoirs, water pipelines, earthen dams, private and public water wells, buildings, proposed or existing roads or trails, and the tentative test hole locations within one-fourth of one-fourth of a section. Where closely placed test holes are anticipated, an outline of that area shall be indicated in lieu of identifying each test hole location. The scale of such map shall be not more than one to twenty-five thousand. Such map shall clearly present the required information. Submission of the most recent United States geological survey maps, if available, is adequate and the operator shall clearly identify the information required by this section on the map.
Source:
SL 1982, ch 306, §9.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-10 - Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat.

45-6C-10. Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat.
Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the Department of Game, Fish and Parks of the area proposed for the exploration operation. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within thirty days of the filing of the notice. Restriction concerning riparian habitat for exploration activities are limited to such habitat located within one hundred feet of each stream bank. Such restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by the Department of Game, Fish and Parks before notifying the operator. A copy of any such restrictions shall be filed with the department by the Department of Game, Fish and Parks.
Source: SL 1982, ch 306, §10; SL 2021, ch 1 (Ex. Ord.
21-3
), §§ 14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-11 - Notice to state archaeologist--Restrictions concerning site disturbances.

45-6C-11. Notice to state archaeologist--Restrictions concerning site disturbances.
Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the state archaeologist of the Department of Education of the area proposed for the exploration operation. The operator shall abide by any restrictions concerning site disturbances as notified, in writing, by the state archaeologist within thirty days of the filing of the notice. A copy of any such restrictions shall be filed with the department by the state archaeologist.
Source: SL 1982, ch 306, §11; SL 2003, ch 272, §63; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-12 - Water rights or water pollution control restrictions.

45-6C-12. Water rights or water pollution control restrictions.
The operator shall abide by any restrictions regarding water rights or water pollution control as notified, in writing, by the Department of Agriculture and Natural Resources within thirty days of the filing of the notice.
Source: SL 1982, ch 306, §12; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-13 - Time for commencement of exploration operation.

45-6C-13. Time for commencement of exploration operation.
The operator may commence the exploration operation thirty days after filing the notice of intent or upon receipt of the written restrictions provided for in §§45-6C-10 to 45-6C-12, inclusive.
Source:
SL 1982, ch 306, §13.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-44 - Operator currently in violation--Filing notice of intent prohibited.

45-6C-44. Operator currently in violation--Filing notice of intent prohibited.
Any operator who is currently found to be in violation of the provisions of this chapter with respect to any operation in this state may not file a notice of intent to conduct an exploration operation. The Department of Agriculture and Natural Resources shall return any such attempted filing. Such notice is null and void.
Source: SL 1982, ch 306, §44; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-45 - Violation--Civil penalty--Liability for damages to environment.

45-6C-45. Violation--Civil penalty--Liability for damages to environment.
Any person who violates any provision of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day which such violation occurs, or is liable for damages to the environment of this state, or both. This penalty is in addition to any other penalties authorized.
Source:
SL 1982, ch 306, §45; SL 1988, ch 291, §22.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06C - Mineral Exploration › Section 45-6C-46 - Refusal of access or interference with inspection as violation.

45-6C-46. Refusal of access or interference with inspection as violation.
It is a violation of this chapter to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials, requests entry for the purpose of inspection under this chapter; nor shall any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the exploration site shall receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.
Source:
SL 1982, ch 306, §46.