reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-01 - Approval of land exchange

Current through Supplement No. 393, July, 2024
The board may approve an exchange of trust lands which it
				  determines is in the best interests of the trusts and complies with current
				  law. Under North Dakota Century Code section 15-06-01, any land received under
				  an exchange of original grant land maintains its status as "original grant
				  lands".
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
N.D. Constitution article IX,
					 § 6; NDCC 15-06-01, 15-06-19.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-02 - Criteria for land exchange

Current through Supplement No. 393, July, 2024
The department shall consider the criteria listed below
				  numbered one through six in any land exchange. Land exchanges are not required
				  to satisfy all six criteria outlined below.
1. Equal or greater value.
a. In connection with any exchange the
				department may use information, provided by the applicant or the department's
				own knowledge, regarding lands and resources to estimate value for purposes of
				a preliminary evaluation, including completion of an environmental assessment.
				The commissioner shall procure appraisals, completed by a certified appraiser,
				to determine the value of the trust lands and the proposed exchange land. The
				same appraiser shall conduct appraisals of the trust lands to be exchanged and
				the proposed exchange land. In the event the commissioner is not satisfied with
				the appraisals, the commissioner may require additional appraisals by
				alternative certified appraisers.
b. The department shall advise the appraiser
				regarding the scope of work to ensure the value of the trust lands to be
				exchanged is determined by the highest and best use of the land, not simply the
				present use. For example, if an exchange is proposed in which the trust lands
				to be exchanged are currently leased for grassland but the land is in the path
				of residential, commercial, or industrial development, the trust lands to be
				exchanged must be appraised for the highest and best use for residential,
				commercial, or industrial development rather than its current use as grassland.
c. The department shall consider
				features not reflected in the market price which are difficult to assign a
				monetary value, including location, proximity to public lands, recreational
				opportunities, scenery, other amenities, and results of cultural resources
				inventories in evaluating the relative value of trust lands to be
				exchanged.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-03 - Application for land exchange

Current through Supplement No. 393, July, 2024
An applicant shall submit a written letter of application to
				  the commissioner to request a land exchange. The application must
				  include:
1. Legal description of the
				trust lands to be exchanged;
2.
				Legal description of the proposed exchange land;
3. Applicant's estimated valuation of the
				proposed exchange land;
4. The most
				recent tax assessment for the proposed exchange land;
5. Statement of ownership of the proposed
				exchange land, including owners' names and ownership interest;
6. Purpose of exchange request; and
7. A nonrefundable application fee as
				determined by the board.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-06-19.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-04 - Evaluation of application

Current through Supplement No. 393, July, 2024
The department shall evaluate the application and may request
				  the applicant provide additional information. After the department's
				  evaluation:
1. The commissioner may
				reject an application:
a. If the application
				does not meet the requirements of subsections 1 and 2 of section 85-04-06-02;
				or
b. If the application fails to
				comply with North Dakota law.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-05 - Comments and notice

Current through Supplement No. 393, July, 2024
1. Upon receipt of
				an application for land exchange and a determination by the board that the
				application covers a tract the board is willing to exchange, the department
				shall post on the department's website a notice of the application for land
				exchange, any supporting documentation, and instructions for submitting public
				comments. The department also shall publish notice of an application for land
				exchange in the official newspaper of the county where the proposed exchange
				land and proposed trust lands to be exchanged are located and in the Bismarck
				Tribune. Notice must be published once each week for three consecutive weeks
				prior to the deadline for comments. The notice must contain the legal
				description of the proposed exchange land and proposed trust lands to be
				exchanged and the deadline for comments. If publication of any notice is
				omitted inadvertently by any newspaper or the notice contains typographical
				errors, the department may proceed with the scheduled comment period if it
				appears the omission or error is not prejudicial to the department's
				interest.
2. All comments must be
				in writing and contain the following:
a. Name
				and address of the interested person;
b. Applicant's name and address;
c. The legal description of the proposed
				exchange land and proposed trust lands to be exchanged as shown on the
				published notice; and
d. A detailed
				statement as to whether the interested person supports or opposes the proposed
				land exchange.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-06 - Exchange report

Current through Supplement No. 393, July, 2024
Following the department's application evaluation, the
				  board's determination that the application covers a tract the board is willing
				  to exchange, and expiration of the public comment period, the department shall
				  prepare an exchange report to be presented to the board, which will include the
				  following:
1. A summary discussion of
				how the exchange meets or exceeds any of the six criteria for land exchange
				under section 85-04-06-02;
2. A
				summary of public comments received on the proposed exchange;
3. The department's concerns or opinions of
				the merits of the proposed exchange;
4. The department's recommendations for board
				direction regarding further review, if needed, of the proposed exchange;
				and
5. The applicant's commitment
				to fund the costs of the department's detailed review, including appraisals,
				title examinations, advertising costs, recording fees, and other costs as may
				be necessary to complete an exchange as determined by the department. The
				applicant is responsible for payment of all costs, unless payment of the costs
				is otherwise waived by the board or shared by the parties to the exchange.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-06-19.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-06 - LAND EXCHANGE › Section 85-04-06-07 - Board authorization

Current through Supplement No. 393, July, 2024
Upon receipt of the department's exchange report, the board
				  shall consider the specific recommendations of the department and public
				  comments and evaluate the merits of the land exchange. The board shall
				  determine whether further review and public comment are required.
When a proposed exchange satisfies the exchange criteria, the
				  board may exercise its discretion to suspend further review and disapprove the
				  application as not in the best interests of the trusts.
Alternatively, the board may direct the commissioner to
				  complete specific tasks relating to the merits of the proposed exchange and
				  report back to the board with findings before proceeding further. When the
				  board is satisfied that the department and applicant have generated all
				  information necessary for its decision, the board shall review and determine
				  whether the proposed exchange is in the best interests of the trusts.
The commissioner is authorized to complete all documents for
				  the exchange on the board's behalf if the board approves the exchange.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-06-19.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-07 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-06 › Section 85-04-07-01 - Sale of original grant lands

Current through Supplement No. 393, July, 2024
The board shall retain and manage original grant lands to
				  produce revenue consistent with the long-term maintenance of the original grant
				  lands' income producing potential and ecological health. The commissioner may
				  propose, or accept letters of application for, the sale of original grant lands
				  after the original grant lands have been evaluated by the commissioner for
				  "highest and best use" as defined in North Dakota Century Code section
				  15-02-05.1 and the department considers the following criteria:
1. If the tract has been zoned or has high
				potential to be zoned residential, commercial, or industrial;
2. The tract's potential for mineral
				development, including sand, gravel, clay, and scoria;
3. If the tract has been a source of
				persistent management problems, resulting in the sale of the tract being
				prudent from a long-term financial point of view;
4. If the tract and adjacent trust land
				tracts total less than eighty acres [32.37 hectares] in size, more or less, for
				grassland and less than forty acres [16.19 hectares], more or less, for
				cropland or hayland, except those tracts which are severed by a highway, road,
				railroad, canal, river, or lake, which may be sold if the severed portion is
				less than these amounts; or
5. If
				the tract and adjacent trust land tracts exceed eighty acres [32.37 hectares]
				in size, more or less, for grassland or more than forty acres [16.19 hectares]
				in size, more or less, for cropland.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC 15-06,
					 15-08
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-07 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-06 › Section 85-04-07-02 - Requirements of sale

Current through Supplement No. 393, July, 2024
Any sale of original grant lands, with the exception of
				  tracts provided in subsection 1 of section 85-04-07-01 is subject to the
				  following:
1. The proposed sale would
				result in no net loss of leasable original grant lands;
2. The applicant agrees to provide accessible
				and leasable land equal or greater in acres and value to the trust from which
				the original grant lands were sold, for which the department then shall
				consider the criteria listed below in subsections a through f in any no net
				loss sale. Land provided for a no net loss sale is not required to satisfy all
				six criteria outlined below.
a. Equal or
				greater value.
(1) In connection with any no
				net loss sale the department may use information, provided by the applicant or
				the department's own knowledge, regarding lands and resources to estimate value
				for purposes of a preliminary evaluation, including completion of an
				environmental assessment. The commissioner shall procure appraisals in
				accordance with North Dakota Century Code sections 15-06-22 and 15-06-23, and
				shall request additional appraisals be completed by a certified appraiser, to
				determine the value of the trust lands and the proposed no net loss sale land.
				The same appraiser shall conduct appraisals of the trust lands and the proposed
				no net loss sale land. In the event the commissioner is not satisfied with the
				appraisals, the commissioner may require additional appraisals by alternative
				certified appraisers.
(2) The
				department shall advise the appraiser regarding the scope of work to ensure the
				value of the trust lands is determined by the highest and best use of the land,
				not simply the present use. For example, if a no net loss sale is proposed in
				which the trust lands are currently leased for grassland but the land is in the
				path of residential, commercial, or industrial development, the trust lands
				must be appraised for the highest and best use for residential, commercial, or
				industrial development rather than its current use as grassland.
(3) The department shall consider features
				not reflected in the market price that are difficult to assign a monetary
				value, including location, proximity to public lands, recreational
				opportunities, scenery, other amenities, and results of cultural resources
				inventories in evaluating the relative value of trust lands.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-07 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-06 › Section 85-04-07-03 - Sale procedure

Current through Supplement No. 393, July, 2024
1. A letter of
				application for purchase of original grant lands meeting the criteria in
				section 85-04-07-01 may be accepted at any time. An application must include:
a. A nonrefundable application fee in an
				amount set by the board;
b. A legal
				description of the trust lands; and
c. A legal description of the lands to be
				provided to ensure no net loss.
Upon board approval, a sale of original grant lands must be
				  conducted in accordance with North Dakota Century Code chapter 15-06.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-07 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-06 › Section 85-04-07-04 - Payment of costs

Current through Supplement No. 393, July, 2024
The purchaser is responsible for payment of all costs,
				  including appraisals, title examinations, and other costs as may be necessary
				  to complete the sale.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC 15-06,
					 15-08
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-07 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-06 › Section 85-04-07-05 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner's review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if board review is warranted.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC 15-06,
					 15-08
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-08 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-07 › Section 85-04-08-01 - Sale of acquired lands

Current through Supplement No. 393, July, 2024
The board shall retain and manage acquired lands to produce
				  revenue consistent with the long-term maintenance of the acquired lands' income
				  producing potential and ecological health until sold. The commissioner may
				  propose, or accept a letter of application for, the sale of acquired lands if
				  the department has reviewed its potential for mineral development and the
				  acquired lands have been evaluated by the commissioner for "highest and best
				  use" as defined in North Dakota Century Code section 15-02-05.1 and the
				  department considers the following criteria:
1. If a tract is acquired through foreclosure
				or deed in lieu of foreclosure from the board's loan pool account, established
				under North Dakota Century Code section 15-03-04.1, after January 1,
				2020;
2. If the tract has been
				zoned or has high potential to be zoned residential, commercial, or
				industrial;
3. The tract's
				potential for mineral development, including sand, gravel, clay, and
				scoria;
4. If the tract has been a
				source of persistent management problems, resulting in the sale of the tract
				being prudent from a long-term financial point of view;
5. If the tract and adjacent trust land
				tracts total less than eighty acres [32.37 hectares] in size, more or less, for
				grassland and less than forty acres [16.19 hectares], more or less, for
				cropland or hayland, except those tracts which are severed by a highway, road,
				railroad, canal, river, or lake, which may be sold if the severed portion is
				less than these amounts; or
6. If
				the tract and adjacent trust land tracts exceed eighty acres [32.37 hectares]
				in size, more or less, for grassland or more than forty acres [16.19 hectares]
				in size, more or less, for cropland.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC 15-07,
					 15-08
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-08 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-07 › Section 85-04-08-02 - Requirements of sale

Current through Supplement No. 393, July, 2024
Any sale of acquired lands, with the exception of tracts
				  provided in subsections 1 and 2 of section 85-04-08-01, is subject to the
				  following:
1. The proposed sale would
				result in no net loss of leasable acquired lands; and
2. The applicant agrees to provide accessible
				and leasable land equal or greater in acres and value to the trust from which
				the acquired lands were sold, for which the department then shall consider the
				criteria listed below in subdivisions a through f in any no net loss sale. Land
				provided for a no net loss sale is not required to satisfy all six criteria
				outlined below.
a. Equal or greater value.
(1) In connection with any no net loss sale
				the department may use information, provided by the applicant or the
				department's own knowledge, regarding lands and resources to estimate value for
				purposes of a preliminary evaluation, including completion of an environmental
				assessment. The commissioner shall procure appraisals, completed by a certified
				appraiser, to determine the value of the trust lands and the proposed no net
				loss sale land. The same appraiser shall conduct appraisals of the trust lands
				and the proposed no net loss sale land. In the event the commissioner is not
				satisfied with the appraisals, the commissioner may require additional
				appraisals by alternative certified appraisers.
(2) The department shall advise the appraiser
				regarding the scope of work to ensure the value of the trust lands is
				determined by the highest and best use of the land, not simply the present use.
				For example, if a no net loss sale is proposed in which the trust lands are
				currently leased for grassland but the land is in the path of residential,
				commercial, or industrial development, the trust lands must be appraised for
				the highest and best use for residential, commercial, or industrial development
				rather than its current use as grassland.
(3) The department shall consider features
				not reflected in the market price that are difficult to assign a monetary
				value, including location, proximity to public lands, recreational
				opportunities, scenery, other amenities, and results of cultural resources
				inventories in evaluating the relative value of trust lands.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-08 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-07 › Section 85-04-08-03 - Sale procedure

Current through Supplement No. 393, July, 2024
1. A letter of
				application for purchase of acquired lands meeting the criteria in section
				85-04-08-01 may be accepted at any time. An application must include:
a. A nonrefundable application fee in an
				amount set by the board;
b. A legal
				description of the trust lands; and
c. A legal description of the lands to be
				provided to ensure no net loss.
Upon board approval, a sale of acquired lands must be
				  conducted in conformance with North Dakota Century Code sections 15-06-25 and
				  15-07-04.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-08 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-07 › Section 85-04-08-04 - Payment of costs

Current through Supplement No. 393, July, 2024
The purchaser is responsible for payment of all costs,
				  including appraisals, title examinations, and other costs as may be necessary
				  to complete the sale.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC 15-07,
					 15-08
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-08 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-07 › Section 85-04-08-05 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner's review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if board review is warranted.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC 15-07,
					 15-08
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-09 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-09 › Section 85-04-09-01 - Sale of lands for public or quasi-public purpose

Current through Supplement No. 393, July, 2024
The department shall consider the following criteria when
				  reviewing an application for sale under North Dakota Century Code chapter
				  15-09:
1. The tract is required for
				the purposes stated in the application and issuance of the patent or deed must
				not have a significant negative impact on the remainder of the trust
				lands;
2. Environmental impacts are
				minimal or are required to be mitigated in an acceptable manner;
3. Impacts on the value of the remainder of
				the trust lands are minimal or are required to be mitigated in an acceptable
				manner;
4. Impacts to significant
				archaeological and historical sites are minimal, or are required to be
				mitigated in an acceptable manner;
5. The sale must produce a positive financial
				return to the trusts;
6. There is
				no known formal challenge regarding the project;
7. The surface lessee has been notified of
				the project; and
8. If the
				application is for a sale of land for use as a landfill by a public entity, the
				following requirements must be met:
a.
				Applicants shall work with the department of environmental quality to ensure
				the operation of the proposed landfill is in accordance with state and federal
				laws, rules, and regulations.
b.
				Before final approval of a sale is given, the applicant shall submit evidence
				that the site meets appropriate geological, hydrological, and other
				requirements established by the department of environmental quality and the
				United States environmental protection agency. A permit for feasibility testing
				may be issued prior to final approval of a sale.
c. When determining the purchase price, the
				board shall consider the following additional factors:
(1) The unique geological and hydrological
				characteristics which make the site suitable for use as a landfill;
(2) The effect on the value of adjacent state
				properties caused by using the site as a landfill; and
(3) The price paid by other purchasers for
				similar landfill sites.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-09 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-09 › Section 85-04-09-02 - Sale procedure

Current through Supplement No. 393, July, 2024
1. An application
				for purchase of land may be accepted and the land sold in conformance with
				North Dakota Century Code chapter 15-09. An application must be submitted using
				a paper application provided by the department upon request and be completed
				and signed by authorized personnel and must include a nonrefundable application
				fee in an amount set by the board unless waived by the commissioner. The
				application must meet the requirements of North Dakota Century Code section
				15-09-01 and may require, depending on the land to be purchased, the following:
a. A siting and environmental review
				completed by the department; and
b.
				A "metes and bounds" survey of the land to be purchased, including both a plat
				and written narrative of the survey completed by the applicant. The narrative
				must include the distances and angles between points of intersection and points
				of entry and exit tied into the section corners, quarter section corners, or
				lot corners, and a breakdown of the acreage in the parcel for each separate
				quarter section or lot included in the purchase.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-09 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-09 › Section 85-04-09-03 - Payment of costs

Current through Supplement No. 393, July, 2024
The purchaser is responsible for payment of all costs,
				  including appraisals, title examinations, and other costs as may be necessary
				  to complete the sale.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-09 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-09 › Section 85-04-09-04 - Fencing

Current through Supplement No. 393, July, 2024
A no-fencing clause may be added to the conveyance to keep
				  trust lands from being severed.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-09 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-09 › Section 85-04-09-05 - Reversion clause

Current through Supplement No. 393, July, 2024
Any conveyance must contain a reversion clause stipulating
				  that if the property is at any time not used for its stated purpose at the time
				  of purchase, the board may terminate the estate created by the conveyance and
				  repossess the property. The power of termination and re-entry may be exercised
				  by the board without reimbursement to the purchaser of any part of the purchase
				  price, and without payment of any other consideration.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-09 - LAND SALES UNDER NORTH DAKOTA CENTURY CODE 15-09 › Section 85-04-09-06 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner's review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if board review is warranted.
General Authority:
N.D. Constitution article
					 IX, § 6; NDCC 28-32-02
Law Implemented:
NDCC
					 15-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-05 - Investments › Chapter 85-05-01 - Investment of Fund Assets › Section 85-05-01-01 - Investment of fund assets

Current through Supplement No. 393, July, 2024
The board shall invest the financial assets under its control
				  in accordance with the prudent investor rule as defined in North Dakota Century
				  Code section 21-10-07.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-03-04
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-01 - Oil and gas lease nomination

Current through Supplement No. 393, July, 2024
The department shall accept an oil and gas lease nomination
				  for a tract not already under an oil and gas lease as reflected in department
				  records and may accept a nomination for a tract under an oil and gas lease
				  which will expire prior to the date of the oil and gas lease sale. The first
				  nomination received on a tract is considered an offer and determines the
				  opening bid.
1. The department shall
				accept a nomination for an oil or gas lease either electronically through the
				department's website or in writing. The nomination period for an oil and gas
				lease must be the period set by the commissioner during which the department
				shall accept oil and gas lease nominations.
2. An oil and gas lease nomination must be
				limited to a maximum of one quarter section, unless otherwise authorized under
				subsection 3, or by the board.
3. A
				nomination for a tract containing a body of water may include up to a section
				of land if the tract cannot reasonably be subdivided by quarter section or half
				section. The tract acreage, including islands, may be offered and described as
				"more or less" and may be adjusted by the board within each quarter
				section.
General Authority:
NDCC 15-05-09, 15-07-20,
					 15-08.1-06, 61-33-06
Law Implemented:
N.D. Constitution article IX,
					 § 5; NDCC 15-01-02, 15-02-05, 15-05-09, 61-33-06, 61-33.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-02 - Advertisement for public auction

Current through Supplement No. 393, July, 2024
The department shall publish notice of an oil and gas lease
				  auction in the official newspaper of the county where the nominated tract is
				  located and in the Bismarck Tribune. The notice must be published once, ten
				  days prior to the day of the auction. The advertisement must specify the date,
				  time, and place of the auction, and how an interested person may obtain a list
				  of the tracts to be auctioned. If publication of any notice is inadvertently
				  omitted by any newspaper or the notice contains typographical errors, the
				  department may proceed with the scheduled leasing if it appears the omission or
				  error is not prejudicial to the department's interest.
General Authority:
NDCC 15-05-09, 15-07-20,
					 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-09,
					 38-09-15
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-03 - Public auction

Current through Supplement No. 393, July, 2024
The board may issue an oil and gas lease by public auction.
				  Public auctions may be hosted either live or online at the discretion of the
				  commissioner. Bidding is based on a bonus of not less than one dollar per acre,
				  and an annual delay rental of not less than one dollar per acre per year based
				  on the acreage shown in the records of the department at the time the oil and
				  gas lease is issued.
1. The successful
				bidder at an auction shall pay the bonus, the rental payments for the primary
				term as defined by the oil and gas lease, the advertising fee, the lease
				auction administration fee, and any processing fees via automated clearing
				house or wire transfer, by five p.m. central prevailing time, ten days after
				the date the auction closed.
2. If
				no bids are received, the nominator is the successful bidder.
3. The board may not issue an oil and gas
				lease until receipt of the bonus, rental payments, and fees.
General Authority:
NDCC 15-05-09, 15-07-20,
					 15-08.1-06, 61-33-06
Law Implemented:
N.D. Constitution article IX,
					 § 5; NDCC 15-01-02, 15-02-05, 15-05-09,
					 15-05-10
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-04 - Rejection of nomination and bids

Current through Supplement No. 393, July, 2024
The commissioner, in the best interests of the trusts, may
				  reject a nomination or a bid any time prior to the issuance of an oil and gas
				  lease.
General Authority:
NDCC 15-05-09, 15-07-20,
					 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-05 - Form and term of oil and gas lease

Current through Supplement No. 393, July, 2024
An oil and gas lease must be issued on a form approved by the
				  board. An oil and gas lease must be made for a term of not less than five years
				  and continue in effect under such term and for as long as oil or gas may be
				  produced from the oil and gas leased premises in commercial quantities or
				  unless otherwise extended. An oil and gas lease must provide for a bonus of not
				  less than one dollar per acre and an annual delay rental of not less than one
				  dollar per acre per year based on the acreage shown in the records of the
				  department at the time the oil and gas lease is issued. An oil and gas lease
				  may contain such other terms and conditions as the board deems
				  appropriate.
General Authority:
NDCC 15-05-09, 15-05-10,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-09,
					 15-05-10
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-07 - Voluntary release

Current through Supplement No. 393, July, 2024
To request a voluntary release of an oil and gas lease, a
				  lessee shall submit a written request to the department for the voluntary
				  release of an oil and gas lease, or portion of an oil and gas leased premises,
				  utilizing the form available on the department's website and all other
				  documents requested by the department. Approval of a voluntary release is at
				  the discretion of the commissioner and the department shall notify the lessee
				  in writing whether or not the voluntary release is approved. All oil and gas
				  lease obligations must be current at the time the voluntary release is
				  approved. The lessee remains bound by the terms and conditions of the oil and
				  gas lease, board rules and policies, and applicable laws until the voluntary
				  release is approved by the commissioner.
General Authority:
NDCC 15-05-09, 15-07-20,
					 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-09 - Disputed title royalty escrow account

Current through Supplement No. 393, July, 2024
Any payor that proposes to withhold royalty payments based
				  upon an ownership dispute shall establish an escrow deposit account and shall
				  deposit the disputed payments into this account.
1. The account must be established at the
				Bank of North Dakota, or other state or national chartered insured financial
				institution approved by the commissioner, with the board as a party to the
				escrow agreement.
2. Prior to a
				final resolution of the dispute, a partial release of the disputed payments may
				be made upon written approval by the commissioner and the payor. Upon approval,
				the disputed payments must be distributed back to the payor for proper
				distribution to the rightful owner.
3. Upon final resolution of the ownership
				dispute, and with consent of the commissioner, the escrow agent is authorized
				to release all disputed payments held in the account to the payor for proper
				distribution to the rightful owner. The board is entitled to any interest
				income earned on the account attributable to North Dakota's ownership
				interest.
4. This section applies
				to matters where the amount of the disputed payments is twenty-five thousand
				dollars or more over a twelve-month period. The commissioner and the payor may
				agree this section applies to oil and gas leases executed prior to the
				effective date of this section.
General Authority:
NDCC 15-05-09, 15-05-10,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-09,
					 15-05-10
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-10 - Breach of oil and gas lease

Current through Supplement No. 393, July, 2024
1. Other than as
				provided in subsection 7, an oil and gas lease may be canceled for:
a. Nonpayment of any sum due under the oil
				and gas lease;
b. Breach of any oil
				and gas lease terms or conditions; or
c. A violation of applicable laws, rules, or
				board policies.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-11 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner's review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if a board review is warranted.
General Authority:
NDCC 15-05-09, 15-05-10,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-09,
					 15-05-10
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-12 - Reports of lessee - Delinquency penalty

Current through Supplement No. 393, July, 2024
Royalty payment and reporting are due on forms prescribed by
				  the department as follows:
1. For gas:
a. Within one hundred twenty-three days of
				the last day of the month in which initial production occurs, royalty payment
				and reporting are due for the first, second, and third months of
				production.
b. Successive royalty
				payments and reporting are due within sixty-one days of the last day of the
				month in which production occurs.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-13 - Audit and examination

Current through Supplement No. 393, July, 2024
1. The
				department may audit and examine any records, including:
a. Books, accounts, and receipts;
				and
b. Contracts and other records
				pertaining to the production, transportation, sale, and marketing of the oil or
				gas or other products produced from the oil and gas leased premises.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-01 - Oil and Gas › Section 85-06-01-14 - Request for shut-in status for oil or gas

Current through Supplement No. 393, July, 2024
1. A lessee
				requesting shut-in status of an oil or gas well, without canceling the lease,
				shall submit a written request to the department utilizing the form available
				on the department's website. The request must contain the following
				information:
a. The name and well file number
				assigned by the North Dakota department of mineral resources oil and gas
				division;
b. The township, range,
				and section of the surface location of the well;
c. The board's oil and gas lease number for
				the subject lease, the date of the oil and gas lease, the acreage covered by
				the oil and gas lease, and the current lessee;
d. The name and address of the operator of
				the well;
e. The cumulative
				production and the number of days of production for the three months
				immediately preceding the request;
f. The written approval of the request from
				the operator;
g. The grounds for
				the request and the anticipated length of time the well will be shut-in;
				and
h. Any additional information
				requested by the department.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-01 - Prospecting permits

Current through Supplement No. 393, July, 2024
A request for a prospecting permit is issued in accordance
				  with chapter 85-04-04.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-08,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-02 - Lands subject to coal lease

Current through Supplement No. 393, July, 2024
A coal lease may be issued upon acreage not already under a
				  coal lease as reflected in department records. A coal lease is limited to a
				  maximum of one quarter section, unless otherwise authorized by the
				  board.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-08,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-03 - Application for coal lease

Current through Supplement No. 393, July, 2024
A written application for a coal lease must include:
1. Legal description of the lands to be
				leased;
2. Proposed terms for the
				coal lease, including the bonus, length, delay rental, and royalty;
3. Documentation showing that the bonus,
				term, delay rental, and royalty being offered are consistent with market rates;
				and
4. Nonrefundable application
				fee in an amount set by the board.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-08,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-04 - Notice of coal lease

Current through Supplement No. 393, July, 2024
1. Upon
				receipt of an application for a coal lease and a determination by the board
				that the application covers a tract the board is willing to lease, the
				department shall post on the department's website a notice of the application
				for coal lease, any supporting documentation, and instructions for submitting
				public comments. Comments must be received by the department no later than five
				p.m. central standard time fourteen days after posting the notice of the
				application for a coal lease to be considered. All comments must be in writing
				and contain the following:
a. Name and address
				of the interested person;
b.
				Applicant's name and address;
c.
				The legal description of the proposed coal leased premises as shown on the
				posted notice; and
d. A detailed
				statement as to whether the interested person supports or opposes the issuance
				of the coal lease.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-05 - Negotiation of coal lease

Current through Supplement No. 393, July, 2024
The department may negotiate with the applicant the terms and
				  conditions of a coal lease the department deems to be in the best interests of
				  the trusts. If the board owns the surface estate of a coal leased premises,
				  compensation for the surface damage must be negotiated separately. The
				  applicant may propose modifications to the bonus, delay rental, royalty, or
				  other terms of the coal lease application. The board may refuse to enter a coal
				  lease for any reason. The board may not issue the coal lease until receipt of
				  full payment of at least one year of delay rental, bonus payment, and any
				  applicable fees.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-05-10, 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-04,
					 15-05-09, 15-05-10, 15-05-13
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-06 - Testing

Current through Supplement No. 393, July, 2024
The department may require a lessee to conduct drilling tests
				  on the coal leased premises prior to the coal mining operations. If required,
				  sufficient test holes must be drilled to outline the boundaries, thickness, and
				  depth of the coal deposit and estimate the quality, quantity, and type of coal
				  located on the coal leased premises. The lessee shall provide the department a
				  map of the coal leased premises showing the boundaries of the coal deposit and
				  a written report estimating the thickness, depth, quality, quantity, and type
				  of coal. All test holes must be reclaimed to the satisfaction of the department
				  at the conclusion of testing. Failure to conduct drilling tests when required
				  or failure to provide the required documentation, may result in termination of
				  the coal lease under section 85-06-02-08.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01,
					 15-05-09