reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-09 - Removal of properties from registry

Current through Supplement No. 393, July, 2024
The board may remove properties from
				  registry listing when the features or characteristics for
				  which the property was determined to meet the criteria have
				  been substantially lost or destroyed. The requirements for
				  documentation, review, and action taken are substantively the
				  same whether the board initiates removal proceedings or
				  whether removal proceedings have been initiated by petition.
				  Petition for removal can be made by any state agency,
				  department, municipality, county, school district, or other
				  governmental subdivision or private organization or individual
				  by submitting an adequately documented petition to the
				  division. Petitions which are not adequately documented are
				  returned within fifteen days of receipt with an explanation of
				  deficiencies, and no further action is taken until adequate
				  documentation is provided.
1. Adequate documentation includes:
a. Names and addresses of the petitioners.
b. Name of the property and its legal
				  boundary description as listed in the registry.
c. Description of any physical changes made
				  to the property after its listing in the registry.
d. Eight-inch by ten-inch [20.32-centimeter
				  by 25.4-centimeter] black and white photographs of the
				  property, both interior and exterior if the property is a
				  building, sufficient to illustrate physical changes made after
				  its listing in the registry. In the case of properties
				  covering an extremely large area an aerial photo series,
				  composite aerial photographs, or other method of photo
				  documentation necessary to illustrate changes are acceptable
				  in lieu of, or in addition to, eight-inch by ten-inch
				  [20.32-centimeter by 25.4-centimeter] black and white
				  photographs.
e. Names and addresses of property owners of
				  record.
f. Statement of why the property no longer
				  meets the criteria upon which its listing in the registry was
				  based.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-10 - Alteration or demolition of registry properties

Current through Supplement No. 393, July, 2024
Any state department or agency or any city,
				  county, school district, or other body corporate and politic
				  must notify the director of, and receive the director's
				  written approval for, any of the governmental bodies' proposed
				  actions which would result in the alteration or demolition of
				  registry properties.
1. Notification to the director shall
				  include:
a. Name and address of the property.
b. A description of the proposed action.
c. Reasons for proposing the action.
d. A copy of any building inspector, fire
				  marshal, workforce safety and insurance, planning department,
				  or other official inspection or planning report which forms
				  the basis for proposing the action.
e. An assessment of all alternatives
				  considered in reaching the decision to propose alteration or
				  demolition, and the reasons for rejecting those alternatives.
f. A copy of any supporting documentation,
				  such as architect's plans and specifications, which
				  graphically explains the result of the proposed action if
				  approved by the director.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this title have
				  the same meaning as in North Dakota Century Code chapter
				   55-03, except:
1. "Board" means the state historical board
				  as defined in North Dakota Century Code section  55-01-01.
2. "Contractor" means any person, real or
				  corporate, who performs cultural resources work for profit or
				  cost reimbursement on behalf of a project sponsor.
3. "Cultural resources work" means all of
				  those processes, procedures, and efforts normally construed by
				  state and federal regulations as necessary for the conduct of
				  investigations, evaluations, or mitigation of adverse effects
				  of proposed projects to historic buildings, structures, or
				  objects, including preproject planning, planning, execution,
				  and reporting of results.
4. "Direct supervision" means active
				  supervision of field and office/laboratory activities by a
				  qualified individual at least seventy-five percent of the time
				  expended for those activities as documented by project
				  records.
5. "Director" means the director of the
				  state historical society of North Dakota as set forth in North
				  Dakota Century Code section  55-02-01.
6. "Instrumentality of the state" means all
				  agencies, departments, boards, and commissions, and all
				  political subdivisions, of state government.
7. "Permit application fee" means the
				  payment for an annual permit required to conduct cultural
				  resources work.
8. "Project sponsor" means any person, real
				  or corporate, including agencies, departments, companies,
				  nonprofit corporations, corporations, instrumentalities of
				  government, partnerships, political subdivisions, or
				  institutions, which pays for cultural resources work projects.
9. "Report filing fee" means the payment
				  required to accompany a cultural resources work report by a
				  contractor which is deposited with the state historical board
				  of North Dakota, and which report will subsequently be
				  considered in review of proposed projects considered under the
				  laws and regulations described in North Dakota Century Code
				  section  55-03-01.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-02 - Application for permit - Fee

Current through Supplement No. 393, July, 2024
All applications for permits issued under
				  North Dakota Century Code section  55-03-01 must be made on
				  forms available from:
Director
State Historical Society of North Dakota
North Dakota Heritage Center
Bismarck, ND 58505
Instructions for completion of forms, a list
				  of supporting documentation required, and copies of standards
				  established by the board for the conduct and reporting of
				  cultural resource work projects are also available on request.
All applications for permit must be
				  accompanied by a check made payable to:
State Historical Society of North Dakota.
An application for permit form is attached
				  hereto, incorporated by reference, and labeled Appendix A.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-03 - Waiver of permit application fee

Current through Supplement No. 393, July, 2024
The director may waive the annual permit
				  application fee required by North Dakota Century Code section
				   55-03-01 if the applicant is an instrumentality of the state
				  and if the complete and acceptable application is accompanied
				  by a letter from the chief administrative officer of the
				  instrumentality requesting waiver of the permit fee.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-04 - Waiver of report filing fee

Current through Supplement No. 393, July, 2024
Reports of cultural resources work conducted
				  under a permit issued pursuant to North Dakota Century Code
				  section  55-03-01 and filed by a permittee on behalf of a
				  nonprofit corporation formed under North Dakota Century Code
				  chapters  10-24 through  10-28 need not be accompanied by a
				  report filing fee payment if notification that the project
				  sponsor is a nonprofit corporation is provided at the time of
				  filing.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-01
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-05 - Professional qualifications - Exceptions

Current through Supplement No. 393, July, 2024
All activities performed under a permit
				  issued pursuant to North Dakota Century Code chapter  55-03
				  must be conducted by or under the direct supervision of a
				  professionally qualified individual. Evaluations of
				  archaeological, architectural, historical, or paleontological
				  resources must be made by an individual professionally
				  qualified in that particular discipline. The minimum
				  professional qualifications are:
1.
Archaeology.
A graduate
				  degree in archaeology, anthropology, or closely related field
				  plus all of the following:
a. At least one year of full-time experience
				  or equivalent specialized training in archaeological research,
				  administration, or management.
b. At least four months of supervised field
				  and analytic experience in general North American archaeology.
c. A demonstrated ability to carry research
				  to completion, usually documented through the completion of
				  reports of such work.
In addition to the above minimum
				  qualifications, a professional in prehistoric archaeology must
				  have at least one year of full-time experience at a
				  supervisory level in the study of archaeological resources of
				  the prehistoric period. A professional in historic archaeology
				  must have at least one year of full-time experience at a
				  supervisory level in the study of archaeological resources of
				  the historic period.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-06 - Revocation of permit - Grounds

Current through Supplement No. 393, July, 2024
A permit issued pursuant to North Dakota
				  Century Code chapter  55-03 may be revoked when the director
				  determines that the permittee has:
1. Allowed activities related to the permit
				  to be performed without supervision by qualified personnel as
				  defined in section 40-02-02-05, or by personnel whose
				  credentials have not been filed with and approved by the
				  director.
2. Filed inadequately documented reports or
				  site forms.
3. Deliberately falsified data used in
				  activities or reports related to activities conducted under
				  the permit.
4. Failed to provide for storage and care of
				  artifacts or excavation records from activities conducted
				  under the permit.
5. Been convicted of participating in
				  illegal activities related to obtaining or trafficking
				  artifacts.
6. Misrepresented the permittee's
				  credentials or qualifications, or that an academic degree
				  which was used by the permittee to represent the permittee's
				  qualifications upon application for permit has been revoked or
				  withdrawn by the granting institution.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-03
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-02 - Permit for Cultural Resource Investigation › Section 40-02-02-07 - Revocation of permit - Procedure

Current through Supplement No. 393, July, 2024
When the director has determined that
				  grounds exist to revoke a permit, the procedures set forth in
				  North Dakota Century Code section  28-32-05 must be followed.
Appendix
				  A
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-03-03
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-03 - Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods › Section 40-02-03-03 - Inadvertent disinterment - Notification

Current through Supplement No. 393, July, 2024
Upon having received notification of the
				  actual or potential disturbance or the discovery of a human
				  burial site, human remains, or burial goods pursuant to either
				  subsection 4 or subsection 5 of North Dakota Century Code
				  section  23-06-27, the local law enforcement agency so notified
				  shall, as soon as practicable, report the receipt of such
				  notification to the society and to the department. Based upon
				  the information received by the law enforcement agency from
				  the person providing such notification, the agency shall
				  additionally inform the society and the department of the
				  exact location and state of the human burial site, human
				  remains, or burial goods of which notification was received.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-03 - Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods › Section 40-02-03-04 - Inadvertent disinterment - Study

Current through Supplement No. 393, July, 2024
Within a period of twenty-four hours, or as
				  soon thereafter as practicable, from the time the department
				  or the society has received notification from a local law
				  enforcement agency pursuant to section 40-02-03-03, the
				  department staff and the society staff, or a qualified
				  archaeologist designated thereby, or in the case of a historic
				  burial, the specialist appointed by the department, shall
				  commence the initial examination of any human remains which
				  are the subject of the notification and undertake the
				  following activities:
1. The human remains must be initially
				  examined by the department and the society staff, or by a
				  qualified archaeologist designated thereby, to determine the
				  race and age of the remains, if possible, using relevant
				  available and solicited information, e.g., plats, maps,
				  records, interviews with landowners, and associated burial
				  goods.
2. If a presumption as to race and age can
				  be made based upon location, historical data and any
				  associated burial goods, this information must be used to
				  determine the disposition of the human remains by the staff of
				  the department and the society. Disposition must be in
				  accordance with applicable society and department statutes and
				  rules.
3. In those instances wherein a burial site,
				  human remains, and burial goods may constitute evidence in a
				  potential criminal prosecution other than those described in
				  North Dakota Century Code section  23-06-27, the burial site,
				  human remains, and burial goods may be studied by any criminal
				  forensic examination methods as may be required in the process
				  of criminal investigation.
4. If it is determined by initial
				  examination that the human remains are non-Indian, the remains
				  may be further examined within the applicable scope of study
				  as defined in section 40-02-03-01.
5. If it is determined by initial
				  examination that the human remains are Indian, the remains may
				  be further examined within the applicable scope of study as
				  defined in section 40-02-03-01.
6. If it cannot be determined by means of
				  such initial examination that the human remains are either
				  Indian or non-Indian, it must be presumed that the human
				  remains are Indian, based upon experience of the staff of the
				  department and the society.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-03 - Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods › Section 40-02-03-06 - Planned disinterment - Notification

Current through Supplement No. 393, July, 2024
1. If a person, who plans to undertake any
				  of the development activities enumerated in subsection 7 of
				  North Dakota Century Code section  23-06-27, knows or has
				  reason to believe that a human burial site may be disturbed by
				  a development activity but does not have sufficient
				  information to design the development to preserve the site or
				  to prepare a scope-of-work for disinterment of human remains
				  and burial goods, the person shall conduct archaeological
				  tests. All of the following documentation must be filed with
				  and approved by the department and the director prior to
				  initiating such tests:
a. Description and location of the human
				  burial site, including the site number, if any.
b. Copies of all site forms, descriptions,
				  and technical reports related to the human burial site, unless
				  already on file with the director or the department.
c. Description of the development activity
				  which necessitates the proposed archaeological test.
d. A research design and scope-of-work for
				  the proposed archaeological test.
e. The current credentials of a qualified
				  archaeologist who has agreed to conduct the archaeological
				  test.
f. A copy of a report describing the results
				  of the test and an updated site form must be filed with the
				  director and department before the development activity
				  proceeds.
If any human remains or burial goods are
				  discovered during the archaeological test, the testing must
				  cease immediately and the director and the department must be
				  notified of such discovery. The director and department, in
				  consultation with the intertribal reinterment committee, will
				  determine whether the test continues or is terminated.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-03 - Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods › Section 40-02-03-08 - Planned disinterment - Reinterment

Current through Supplement No. 393, July, 2024
In those instances wherein a person has been
				  authorized by the director to proceed with the proposed
				  development as planned, as provided in section 40-02-03-07,
				  the intertribal reinterment committee shall attempt to
				  determine the tribal identity or affiliation of the human
				  remains and any burial goods interred in the burial site at
				  issue.
Thereafter, the intertribal reinterment
				  committee shall, as soon as practicable and subsequent to the
				  completion of any study conducted on the contents of the
				  burial at the direction of the society, cause the disinterred
				  human remains and any and all burial goods to be reinterred on
				  Indian lands within the boundaries of the appropriate Indian
				  reservation, as determined by the intertribal reinterment
				  committee.
Each such reinterment shall provide an
				  opportunity for appropriate tribal religious ceremony or
				  ceremonies.
The disinterment of the contents of a burial
				  must be conducted under the supervision of a qualified
				  archaeologist in accordance with the procedures inherent in a
				  standard archaeological and contextual analysis within the
				  applicable scope of study as defined in section 40-02-03-01.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-03 - Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods › Section 40-02-03-09 - Conflict with federal law

Current through Supplement No. 393, July, 2024
If any of the rules of this chapter conflict
				  with controlling federal law, the controlling federal law will
				  prevail and be applied in place of the conflicting rule.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27
North Dakota Administrative Code › Title 41 - Indian Affairs Commission

Current through Supplement No. 393, July, 2024
The Indian Affairs Commission is not an administrative agency as
		  defined by North Dakota Century Code section   28-32-01. Therefore, the
		  commission is not subject to the Administrative Agencies Practice Act (North
		  Dakota Century Code chapter   28-32) and any rules the commission may have
		  adopted are not published in the North Dakota Administrative
		  Code.
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-01 - Organization › Chapter 42-01-01 - General Administration › Section 42-01-01-01 - Organization of Indian scholarship board

Current through Supplement No. 393, July, 2024
1.
History and function.
The 1963 legislative assembly first provided
						for the North Dakota Indian scholarship board by a law codified as North Dakota
						Century Code chapter 15-63.
2.
Board membership.
Members of the North Dakota Indian scholarship
						board consist of an Indian appointed by the governor, the executive director of
						the state Indian affairs commission, and the chancellor of higher education or
						the chancellor's designee. The chancellor of higher education or the
						chancellor's designee shall serve as chairman and the executive director of the
						state Indian affairs commission shall serve as secretary of the board for
						Indian scholarships.
3.
Inquiries.
Inquiries regarding the board may be addressed to:
North Dakota Indian Scholarship Board
North Dakota University System
600 East Boulevard Avenue, Dept. 215
Bismarck, ND 58505-0230
General Authority:
NDCC 28-32-02.1
Law Implemented:
NDCC
								15-63-02
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-01 - General Scholarship Policy › Section 42-02-01-01 - Native American scholarship purpose and duties

Current through Supplement No. 393, July, 2024
The North Dakota Native American scholarship board was
				  established to provide scholarships to North Dakota resident students who are
				  members of a federally recognized Indian tribe. Students may qualify through an
				  application procedure established by the board. The board annually issues
				  awards, directs the North Dakota university system in the administration of the
				  awards, establishes appropriate rules and procedures, and encourages members of
				  federally recognized Indian tribes to pursue higher education in the
				  state.
General Authority:
NDCC 15-63-02
Law Implemented:
NDCC
					 15-63-02
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-02 - General Provisions › Section 42-02-02-01 - Eligibility of applicants

Current through Supplement No. 393, July, 2024
In accordance with North Dakota Century Code chapter 15-63,
				  the following factors must be considered in the process used to determine
				  eligibility of applicants:
1. An
				applicant must be an enrolled member of a federally recognized Indian
				tribe.
2. An applicant must be a
				resident of North Dakota. Residency for each student is determined by the
				institution that student is attending.
3. An applicant must be pursuing a degree or
				certificate at a North Dakota accredited institution of higher learning or
				accredited state career and technical education program with a physical
				presence in the state.
4. An
				applicant shall demonstrate academic merit or financial need to be considered
				for an award.
5. An applicant shall
				demonstrate probable and continuing success as a student by:
a. Earning a minimum cumulative grade point
				average (GPA), or its equivalent, of 3.50 for a merit-based
				scholarship;
b. Earning a minimum
				2.00 GPA, or its equivalent, for a need-based scholarship; or
c. Earning a general educational development
				high school diploma, which shall be considered to have met the minimum 2.00 GPA
				requirement.
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-02 - General Provisions › Section 42-02-02-02 - Procedures for application

Current through Supplement No. 393, July, 2024
1. Applicants shall
				submit:
a. A completed application
				form;
b. Verification of tribal
				enrollment;
c. The applicant's most
				recent transcript that shows a cumulative GPA, or its equivalent;
d. A needs analysis form completed by a
				financial aid officer at the institution the applicant will be attending;
				and
e. The free application for
				federal student aid (FAFSA), for consideration of need-based awards.
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-02 - General Provisions › Section 42-02-02-03 - Selection process

Current through Supplement No. 393, July, 2024
1. Completed
				applications received by the application priority deadline must be given full
				and equal consideration when screening for eligibility for the
				scholarship.
2. Candidates for the
				scholarship must be assigned to one of two award categories as merit-based or
				need-based.
a. Merit-based applicants must
				have a cumulative GPA of at least 3.50, or its equivalent.
b. Need-based applicants must hold a 2.00
				minimum GPA, or its equivalent, and must demonstrate financial need on the
				needs analysis form. The FAFSA is required.
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-03 - Scholarship Awards › Section 42-02-03-01 - Award amounts

Current through Supplement No. 393, July, 2024
1. Criteria used in
				determining award amounts are availability of funds, total number of eligible
				applicants, and career level of applicants.
2. Award amounts must be set by the board
				each academic year.
3. The award
				amount may be reduced to accord with an individual recipient's financial
				need.
4. Awards may not exceed
				total cost of attendance, as determined by the institution, when considering
				all financial aid sources, for need-based and merit-based recipients.
5. Awards may not exceed one thousand dollars
				per semester, or six hundred sixty-seven dollars per quarter or clock-hour
				term, up to a maximum of two thousand dollars per academic year per
				student.
6. The award year may
				include the fall term, spring term, winter term, and summer term as a
				trailer.
General Authority:
NDCC 15-63-02
Law Implemented:
NDCC
					 15-63-02
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-03 - Scholarship Awards › Section 42-02-03-03 - Enrollment verification and payment

Current through Supplement No. 393, July, 2024
1. Funds will be
				disbursed to the enrolling institution for eligible students upon verification
				of eligibility each academic term.
2. Payment may be made to students enrolled
				full time or to part-time enrolled students on a prorated basis.
3. Full-time enrollment is defined as twelve
				semester hours for undergraduate students and nine semester hours for graduate
				students or an equivalent number of quarter or clock hours. No awards will be
				provided for enrollment in fewer than three credits or the equivalent for
				quarter or clock hours.
4.
				Scholarship funds may be used for tuition, fees, housing and food, books,
				supplies, course materials and equipment, and other educational-related
				expenses. Scholarship funds must not exceed the total cost of attendance when
				all other aid sources are taken into consideration.
5. An enrolling institution shall disburse
				funds to the student's account in a timely manner. Excess funds must be issued
				to the student after the enrolling institution has deducted the amount due to
				the institution.
6. Credits used to
				determine a student's eligibility may include credits from another institution
				(host institution), provided a collaborative or consortium agreement, or
				similar agreement, is in place with the degree or certificate-granting
				institution (home institution). The agreement must provide for a full transfer
				of the credits back to the home institution upon completion of class at the
				host institution.
7. A student in a
				study abroad class must be enrolled in credits at the home institution or have
				an agreement in place for the credits to be counted toward eligibility at the
				home institution.
General Authority:
NDCC 15-63-02
Law Implemented:
NDCC 15-63-02,
					 15-63-05
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-04 - Policy Requirements › Section 42-02-04-03 - Policy for refunds and repayments

Current through Supplement No. 393, July, 2024
1. A student
				who withdraws after receiving a payment for the student's scholarship shall
				refund or repay the scholarship according to the stated refund or repayment
				policy of the institution the student is attending.
2. If a student meets the eligibility
				criteria at the time of disbursement, an institution is not required to return
				awards for subsequent changes to the student's financial aid package in the
				current academic term. However, eligibility criteria for future terms must be
				reviewed to ensure the eligibility criteria are met.
3. If funds are disbursed to a student and it
				is later determined that erroneous data was reported, making the student
				ineligible, the funds must be returned to the program.
General Authority:
NDCC 15-63-02
Law Implemented:
NDCC 15-63-02,
					 15-63-07
North Dakota Administrative Code › Title 42 - Indian Scholarships, Board for › Article 42-02 - North Dakota Native American Scholarship Rules › Chapter 42-02-05 - Appeals Process › Section 42-02-05-01 - Appeals process

Current through Supplement No. 393, July, 2024
1. Appeals relating
				to the North Dakota Native American scholarship should be directed to:
Native American Scholarship Board
Attn: North Dakota University System
600 East Boulevard Avenue, Dept. 215
Bismarck, ND 58505
2. Filing an appeal is not a guarantee of
				eligibility.
3. Consideration of
				appeals may be based on the reason for the appeal, statute, administrative
				rules, or the availability of funds.
General Authority:
NDCC 15-63-02
Law Implemented:
NDCC
					 15-63-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 38-12.1.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter is of statewide application and has been adopted
				  by the industrial commission to accumulate basic coal exploration data in order
				  to better serve the public interest and to assist the state in determining what
				  the attitude of the state should be regarding the development of coal
				  resources. Special rules and orders will be issued when required and shall
				  prevail as against this chapter, if in conflict therewith. Wherever this
				  chapter does not conflict with special rules hereafter adopted, this chapter
				  will apply in each case. The commission may grant exceptions to this chapter,
				  after due notice and hearing, when such exceptions will result in a greater
				  benefit to the state and will protect the interests of all persons.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-03 - Promulgation of rules, regulations, or orders

Current through Supplement No. 393, July, 2024
No rule, regulation, or order, including change, renewal, or
				  exception thereof, shall, in the absence of an emergency, be made by the
				  commission, except after a public hearing on at least ten days' notice given in
				  the manner prescribed by law. The public hearing shall be held at such time and
				  place and in such a manner as may be prescribed by the commission, and any
				  person having any interest in the subject matter of the hearing shall be
				  entitled to be heard.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-04 - Emergency rule, regulation, or order

Current through Supplement No. 393, July, 2024
In the event an emergency is found to exist by the commission
				  which in its judgment requires the making, revoking, amending, modifying,
				  altering, enlarging, renewing, or extending of a rule, regulation, or order
				  without first holding a hearing after due notice, such emergency rule,
				  regulation, or order shall have the same validity as if a hearing after due
				  notice with respect to the same had been held.
The emergency rule, regulation, or order permitted by this
				  section shall remain in force no longer than fifteen days from its effective
				  date. It shall expire when the rule, regulation, or order made after due notice
				  and hearing with respect to the subject matter of the emergency rule,
				  regulation, or order becomes effective. In no event shall the emergency rule,
				  regulation, or order remain in effect longer than fifteen days.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-05 - Enforcement

Current through Supplement No. 393, July, 2024
The commission, its agents, representatives, and employees
				  are charged with the duty and obligation of enforcing all rules and statutes of
				  the state of North Dakota relating to coal exploration and evaluation.
It shall be the responsibility of all permit applicants and
				  permitholders to obtain information pertaining to the regulation of coal
				  exploration and evaluation before the operations of the permit applicants and
				  permitholders have begun.
Whenever a corporate permittee violates North Dakota Century
				  Code chapter 38-12.1 or any permit condition or rule implemented thereunder, a
				  director, officer, or agent of the corporate permittee who knowingly causes
				  such violation is subject to the criminal penalties imposed under subsection 2
				  of North Dakota Century Code section
				  38-12.1-08. "Knowingly" is to be
				  understood as defined by North Dakota Century Code section 12.1-02-02. In
				  addition, whenever a director, officer, or agent of a corporate permittee
				  willfully or negligently violates North Dakota Century Code chapter 38-12.1 or
				  any permit condition or rule implemented thereunder, civil penalties may be
				  imposed under subsection 1 of North Dakota Century Code section 38-12.1 -08.
				  "Willfully" and "negligently" are to be understood as defined by North Dakota
				  Century Code section 12.1-02-02.
General Authority: NDCC
					 38-12.1-04
Law Implemented: NDCC
					 38-12.1-04,
					 38-12.1-07,
					 38-12.1-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-06 - United States government leases

Current through Supplement No. 393, July, 2024
The commission recognizes that all persons exploring on
				  United States government land or for United States government minerals shall
				  comply with the federal regulations. Such persons shall also comply with all
				  applicable state rules and regulations which are not in conflict with federal
				  regulations, except that no fee shall be required or a permit application if
				  such permit is a permit to explore on United States government land. All other
				  rules, regulations, and orders apply to permit applicants and permitholders
				  where the permit in question covers United States government land, including
				  the requirement that the permitholder shall furnish the state geologist with
				  copies of the basic data reports, with no charge to the state geologist.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-07 - Forms upon request

Current through Supplement No. 393, July, 2024
Forms for written notices, requests, and reports required by
				  the commission will be furnished upon request. These forms shall be of such a
				  nature as prescribed by the commission covering proposed work, work in
				  progress, and the results of completed work.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-08 - Authority to cooperate with other agencies

Current through Supplement No. 393, July, 2024
The commission may from time to time enter into arrangements
				  with state and federal government agencies, committees from industry, and
				  individuals with respect to special projects, services, and studies relating to
				  coal exploration.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-09 - Record of permits

Current through Supplement No. 393, July, 2024
The state geologist shall maintain an official permit list in
				  which shall be entered:
1. The name
				of the permitholder.
2. The permit
				number.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-10 - Bond

Current through Supplement No. 393, July, 2024
Any person engaged in coal exploration and evaluation, or who
				  proposes to do so, shall submit to the commission and obtain its approval of a
				  surety bond or cash bond. An alternate form of security may be approved by the
				  commission after notice and hearing, as provided by law, and such bond shall be
				  required for each permit area. The bond shall be in the amount of one hundred
				  dollars for each testhole drilled in the permit area. Each such surety bond
				  shall be executed by a responsible surety company, authorized to transact
				  business in the state of North Dakota. A blanket bond in the amount of ten
				  thousand dollars, conditioned as above provided, may be submitted to cover any
				  number of testholes drilled in one or more permit areas. The blanket bond shall
				  cover all permits issued in one year commencing on the date the first permit
				  covered by the bond is issued.
Any person providing a blanket bond in lieu of several
				  individual bonds is required to comply with the rules, regulations, and orders
				  of the commission in the same manner as if the person had provided several
				  individual bonds. Violation shall result in forfeiture of the blanket bond in
				  its entirety, if the violation would have resulted in forfeiture had the action
				  in question been covered by an individual bond.
For the purposes of the commission the bond required is a
				  performance bond, as well as a plugging bond, and is to endure up to and
				  including receipt by the state geologist of all basic exploration data required
				  by law and approved plugging of all holes drilled.
The commission will in writing advise the principal and
				  sureties on any surety bond as to whether the provisions of statutes and rules
				  have been satisfied, and that liability under the bond may be formally
				  terminated.
The state geologist is vested with the power to act for the
				  commission as to all matters within this section.
Any state or federal agency engaged in coal exploration or
				  evaluation shall be exempt from providing the bond.
General Authority: NDCC
					 38-12.1-04
Law Implemented: NDCC
					 38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-11 - Public availability of permit application information

Current through Supplement No. 393, July, 2024
1. Except as provided in subdivisions a, b,
				and c, all information submitted to the commission with a permit application
				for coal exploration shall be made available for public inspection and copying
				at the office of the state geologist.
a. The
				state geologist shall not make information submitted with a coal exploration
				permit application available for public inspection, if the person submitting it
				requests in writing, at the time of permit application submission, that it not
				be disclosed and the state geologist determines that the information is
				confidential. However, such information shall remain confidential only for the
				time period specified in North Dakota Century Code section
				38-12.1-04.
b. The state geologist shall determine that
				permit application information is confidential only if it concerns trade
				secrets or is privileged commercial or financial information which relates to
				the competitive rights of the person intending to conduct coal exploration.
c. Information requested to be
				held as confidential under this subsection shall not be made publicly available
				until after proper notice and hearing before the commission.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-12 - Basic data

Current through Supplement No. 393, July, 2024
Basic data developed by or for the person conducting the coal
				  exploration or evaluation, consisting of testhole locations, testhole
				  elevations, total depths, driller's logs, radioactivity, resistivity, or other
				  types of electrical or mechanical logs shall be delivered free of charge to the
				  state geologist within six months of the expiration date of the permit covering
				  the exploration or evaluation.
Sample cuts, portions of cores not required for analysis, or
				  core analyses developed by or for the person conducting the coal exploration or
				  evaluation shall also be submitted free of cost to the state geologist if
				  requested.
General Authority: NDCC
					 38-12.1-04
Law Implemented: NDCC
					 38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-13 - Reports

Current through Supplement No. 393, July, 2024
Quarterly progress reports, listing locations of testholes
				  completed and plugged, shall be filed by the twenty-fifth day of January,
				  April, July, and October by all permitholders. If no drilling occurred during
				  the quarter, a report so stating shall be filed.
Completion reports shall also be filed upon completion of the
				  exploration or evaluation, or upon the expiration of the permit, whichever
				  occurs first, by all permitholders. The completion reports shall include all
				  progress on exploration and evaluation and any other information requested by
				  the state geologist.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-14 - Method of plugging

Current through Supplement No. 393, July, 2024
Before any testhole is abandoned, all of the cuttings
				  possible must be returned to the testhole, and it shall be plugged in such a
				  manner as to prevent the intrusion of any foreign material. Any cuttings not
				  returned to the hole must be spread at the surface, if approved by the
				  landowner, or properly disposed of off the testhole site, if approved by the
				  owner of the disposal site. The plugging shall be accomplished immediately when
				  all desired information has been obtained.
If a testhole penetrates water bearing sands it shall be
				  plugged with cement or some other method approved by the state geologist, in
				  such a manner as to permanently confine the water to its original stratum.
General Authority: NDCC
					 38-12.1-04
Law Implemented: NDCC
					 38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-15 - Testholes to be used for freshwater

Current through Supplement No. 393, July, 2024
When a testhole to be plugged may safely be used as a
				  freshwater well, and such utilization is desired by the landowner, the testhole
				  need not be filled above a sealing plug set below the freshwater aquifer;
				  provided, that written authority and assumption of liability for such use and
				  plugging shall be secured from the landowner and filed with the state
				  geologist. The person conducting the coal exploration shall be relieved of that
				  person's responsibility under this chapter.
The landowner assuming ownership and liability for the
				  testhole shall comply with the rules for water well construction and water well
				  pump installation pursuant to North Dakota Century Code chapter 43-35.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-16 - Confining of water to their original strata

Current through Supplement No. 393, July, 2024
During the drilling of any testhole, all freshwaters and
				  waters of present or probable value for domestic, commercial, or stock purposes
				  encountered shall be confined to their respective strata and shall be
				  adequately protected by methods approved by the state geologist. Special
				  precautions shall be taken in drilling and abandoning of testholes to guard
				  against any loss of artesian water from the strata in which it occurs, and to
				  prevent contamination of artesian water by objectionable water.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04