reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:10 - Continuation of lease after resumption of rental payments

Current through Register Vol. 51, page 10, July 15, 2024
Upon resumption of rental payments as provided in §
									4:01:01:09, the conditions of the lease and the operation of these rules shall continue in force as though there were no interruptions in rental payments.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:11 - Completion of a well allowed if commenced within the term of lease

Current through Register Vol. 51, page 10, July 15, 2024
The lessee shall have the right to continue drilling a well to completion with reasonable diligence and dispatch if the lessee begins to drill that well within the term of the lease or an extension thereof. If oil or gas is found in paying quantities, the lease shall be in force as if the well had been completed within the term of the lease or its extension.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:12 - Cancellation because of failure to produce

Current through Register Vol. 51, page 10, July 15, 2024
After the primary term of an oil and gas lease where a lease is bound by production, the lease will be canceled unless the lessee shall commence a new well on the lease or resume commercial production from the existing well within 90 days, unless a temporary abandonment has been issued pursuant to § 52:02:04:03.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:13 - Commercial production defined

Current through Register Vol. 51, page 10, July 15, 2024
Commercial production, as provided in §
									4:01:01:12, shall be a monthly production equal to one-half the average production per month for the preceding six months.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:14 - Minimum filing fee

Current through Register Vol. 51, page 10, July 15, 2024
A filing fee of $10 per lease shall be charged for each assignment. Requests to write in an overriding royalty provision in a lease shall be considered as an assignment.
General Authority:
SDCL  5-7-27,  5-7-37.
Law Implemented:
SDCL  5-7-27.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:15 - Term of oil and gas lease - Rental rate

Current through Register Vol. 51, page 10, July 15, 2024
The term of an oil and gas lease is five years. Rental rate is one dollar per acre per year on a drill or pay basis.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:17 - Shut-in royalty clause

Current through Register Vol. 51, page 10, July 15, 2024
Each lease shall contain a shut-in royalty clause. An operator shall notify the commissioner of a shut-in on a form obtained from the commissioner's office. The annual shut-in royalty rate is $1.00 per acre.
General Authority:
SDCL  5-7-24,  5-7-37.
Law Implemented:
SDCL  5-7-24,  5-7-25.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:18 - Increment status lease

Current through Register Vol. 51, page 10, July 15, 2024
An individual may petition for a royalty increment status lease by filing a completed petition form. The petition form shall be obtained from the commissioner. Within 30 days after receipt of a completed petition, the commissioner shall set the time and place for a hearing pursuant to SDCL chapter 1-26 and shall notify the petitioner. The petitioner shall notify all mineral interest owners and lessees within one mile surrounding the leased area of the petition and hearing at least 15 days before the hearing.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  1-26-27,  5-7-41.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:01 - Terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 5-1-2, 5-5-1 and 5-5-10.1 shall have the same meaning in this chapter. In addition, terms used in this chapter, unless the context plainly requires otherwise, mean:
(1) "Pasturing agreement," a contract whereby two parties agree on a rate of payment for pasturing of livestock for a given period of time;
(2) "Animal unit," one cow and calf, one horse, five sheep or five goats;
(3) "Animal unit month" or "AUM," the amount of natural feed required to sustain an animal unit for one month;
(4) "Multiple use concept," the policy that the federal government maintains with regard to certain federal lands in South Dakota, which, as stated in 16 USCA 531(A), contemplates that such lands will be managed in a harmonious and coordinated manner, with consideration being given to all the relative values of the land's resources, without regard to whether or not such management will give the greatest dollar return or unit output.
General Authority:
SDCL  5-5-3.
Law Implemented:
SDCL  5-5-3.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:02 - Criteria for establishing rental rate

Current through Register Vol. 51, page 10, July 15, 2024
To establish the current rental prevailing, or fair market value on school and endowment lands, the following criteria shall be used by the commissioner in establishing the grazing lease rates to be charged:
(1) A determination of the cost per animal unit month (AUM) presently charged for leasing of public and private grazing lands for pasturing of livestock in counties of the state where school and endowment lands exist;
(2) An adjustment of two dollars per AUM will be allowed for the placing of improvements such as fences, dams, dugouts and wells from the AUM rate determined on private grazing lands for pasturing livestock as provided in subdivision (1) of this section;
(3) An adjustment upward from prevailing public land grazing lease rates will be made to compensate for the dollar value of a federal grazing permit or right such as those on forest service or bureau of land management lands, multiple use concept, or other factors that would differentiate from fair market value;
(4) The animal unit carrying capacity of each tract will be determined under the authority of SDCL  5-5-10.2 by use of the factors set forth in SDCL  5-5-10.3;
(5) To determine the rental rate of a tract of land the rental rate established by the commissioner in accordance with subdivisions (1), (2), and (3) of this section, shall be multiplied by the total AUM's of said tract;
(6) To determine the rental rate per acre for each tract, the product of the multiplication in subdivision (5) of this section shall be divided by the number of acres in said tract.
General Authority:
SDCL  5-5-3.
Law Implemented:
Enabling Act, Section 11; South Dakota Constitution, Article VIII, Section 9; SDCL  5-5-25,  5-5-3,  5-5-10.2,  5-5-10.3.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:03 - Time limit for placing improvements prior to sale

Current through Register Vol. 51, page 10, July 15, 2024
No permit to place improvements on a tract of school and endowment land will be issued after a legal offer to purchase has been received by the Department of School and Public Lands, or the Department of School and Public Lands has listed said tract for sale.
General Authority:
SDCL  5-5-3.
Law Implemented:
SDCL  5-5-3,  5-5-22.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:04 - Time limit for placing improvements prior to lease expiration

Current through Register Vol. 51, page 10, July 15, 2024
No permit to place improvements on a tract of school and endowment land will be issued after October 1 in the final year of a lease.
General Authority:
SDCL  5-5-3.
Law Implemented:
SDCL  5-5-3,  5-5-22.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:05 - Criteria for approval of pasturing agreements

Current through Register Vol. 51, page 10, July 15, 2024
All pasturing agreements made on school and endowment lands shall be subject to approval by the commissioner of school and public lands pursuant to §
									4:01:02:07  and shall contain the following information:
(1) The charge per AUM being charged by the school or endowment land lessee;
(2) The total animal units allowed on each lease;
(3) The months said grazing will take place.
General Authority:
SDCL  5-5-3.
Law Implemented:
SDCL  5-5-3,  5-4-12.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:07 - Approval of pasturing agreements

Current through Register Vol. 51, page 10, July 15, 2024
If all factors in §
									4:01:02:05  are met and do not violate the provisions in §
									4:01:02:08, said pasturing agreement will be approved by the commissioner under §
									4:01:02:05.
General Authority:
SDCL  5-5-3.
Law Implemented:
SDCL  5-5-3,  5-4-12.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:02 - Grazing leases › Section 4:01:02:08 - Grounds for cancellation of a grazing lease

Current through Register Vol. 51, page 10, July 15, 2024
Any of the following practices will be grounds for cancellation of a lease:
(1) Grazing of more animal unit months than allowed under the provisions of subdivision 4:01:02:02(3);
(2) Refusal to submit information or the submitting of inaccurate information, as provided by §§
									4:01:02:05  and 4:01:02:06.
General Authority:
SDCL  5-5-3.
Law Implemented:
SDCL  5-5-3,  5-4-12.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL  5-1-2 have the same meaning in this chapter. In addition, the term department means the Department of School and Public Lands.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:02 - Proof of publication

Current through Register Vol. 51, page 10, July 15, 2024
Newspapers shall file proof of publication of advertisement of mineral leases with the commissioner before the date of the auction on forms supplied by the department.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:03 - Successful bidder to pay advertising costs

Current through Register Vol. 51, page 10, July 15, 2024
Before a mineral lease is executed, the successful bidder shall pay the prorated cost of all advertising as disclosed by the proof of publication filed in the office of the commissioner.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:04 - Size of lease units

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall issue leases primarily for units of approximately 640 acres. The commissioner may issue a lease for a lesser area only if there are no other lands administered by the department that are contiguous to or cornering the lesser area. Each fractional acre is considered to be one acre.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:05 - Rental rate

Current through Register Vol. 51, page 10, July 15, 2024
Payment of the minimum bonus rate, in the amount computed at the rate of one dollar per acre for each tract of land, shall accompany each nomination. This amount is forfeited if the applicant is the successful bidder and fails to execute the lease.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:06 - Bonus rate

Current through Register Vol. 51, page 10, July 15, 2024
Payment of the minimum bonus rate, in the form of a sealed bid, computed at the rate of two dollars per acre for each tract of land, shall accompany each nomination form. This amount is forfeited if the applicant is the successful bidder and fails to execute the lease.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:07 - Filing fee

Current through Register Vol. 51, page 10, July 15, 2024
A filing fee of $10 for each lease is charged for each assignment. A request to write in an overriding royalty provision in a lease is considered an assignment.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:03 - Mineral leases › Section 4:01:03:08 - Terms and conditions

Current through Register Vol. 51, page 10, July 15, 2024
The standard mineral lease shall include all terms and conditions of the lease.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-37,  5-7-45.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:04 - Schedule of fees › Section 4:01:04:01 - Fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall charge the following fees:
(1) Assignment of a grazing or agricultural lease: the fee for assignment of a grazing or agricultural lease is $10;
(2) Assignment of a land sale contract: the fee for assignment of a land sale contract is $10;
(3) Application to remove sand and gravel: the application fee to remove sand, gravel, or other material is $15, and is not refundable.
General Authority:
SDCL  5-2-7,  5-5-3.
Law Implemented:
SDCL  5-2-7,  5-2-10,  5-2-11,  5-4-5,  5-4-5.1,  5-5-3,  5-5-16,  5-5-22,  5-5-24.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:05 - Sand and gravel leases › Section 4:01:05:01 - Market value of lease

Current through Register Vol. 51, page 10, July 15, 2024
The market value of a sand and gravel lease is the value placed on the sand, gravel, or other material at recognized market centers.
General Authority:
SDCL  5-2-7.
Law Implemented:
SDCL  5-2-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:05 - Sand and gravel leases › Section 4:01:05:02 - Royalty rate

Current through Register Vol. 51, page 10, July 15, 2024
The royalty rate for a lease to remove sand, gravel, or other material shall be set by the commissioner for each lease or extension of a lease. The royalty rate shall not be less than 10 percent of the market value of the material removed, at the time it is sold or processed by the lessee. Royalty payments shall be made by the tenth of each month.
General Authority:
SDCL  5-2-7.
Law Implemented:
SDCL  5-2-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:05 - Sand and gravel leases › Section 4:01:05:03 - Royalty in kind

Current through Register Vol. 51, page 10, July 15, 2024
At the option of the commissioner, the commissioner may take the royalty for a sand and gravel lease in kind. If the commissioner does, the lessee shall deliver the royalty sand, gravel, or other material to the commissioner on the leased premises in a manner agreed upon prior to the removal of the sand, gravel, or other material.
General Authority:
SDCL  5-2-7.
Law Implemented:
SDCL  5-2-5,  5-2-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:06 - Weed and pest control › Section 4:01:06:01 - Identification and control of weed and pest problems

Current through Register Vol. 51, page 10, July 15, 2024
The lessee shall identify and control noxious weeds and pests on the leased school land.
General Authority:
SDCL  5-5-3,  5-5-18.
Law Implemented:
SDCL  5-5-3,  5-5-18,  38-22-23.15.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:06 - Weed and pest control › Section 4:01:06:02 - Purchase of chemical

Current through Register Vol. 51, page 10, July 15, 2024
The Department of School and Public Lands shall pay the cost of the chemical needed by the lessee of grazing land to control noxious weeds and pests on the leased school land.
General Authority:
SDCL  5-5-3,  5-5-18.
Law Implemented:
SDCL  5-5-3,  5-5-18,  38-22-23.15.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:01 - Terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commissioner," the commissioner of school and public lands;
(2) "Department," the Department of School and Public Lands;
(3) "Commercial lease," a lease characteristic of commerce or pertaining to business or doing business for a profit as opposed to a lease for grazing, forestry, agriculture, or minerals;
(4) "Lessee," the original lessee or the assignee of the lease;
(5) "Assignee," the person to whom the lease is being transferred.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:02 - Lands subject to commercial leasing

Current through Register Vol. 51, page 10, July 15, 2024
All common school, indemnity, and endowment lands and any other land placed under the jurisdiction of the department may be leased for commercial purposes, but nothing in this chapter requires the commissioner to offer any tract of land for lease.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:03 - Designating land to be leased

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may solicit or accept proposals from any person for commercial leasing of land that belongs to, or is placed under, the jurisdiction of the department.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:04 - Minimum rental rate

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall establish the minimum annual rental rate for a tract of land to be commercially leased. In fixing the minimum annual rental rate the commissioner shall consider location, accessibility, utility of the land, and current rental rates. The commissioner shall publish the minimum rental rate in the notice of public auction. The commissioner may only accept bids for commercial leases that are at or above the minimum annual rental rate.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:05 - Publication of notice of leasing auction

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall publish a notice stating the time and place of the public auction at which bids for commercial leases will be accepted. Before the auction, the notice shall be published once each week for at least four consecutive weeks in the official newspapers of the county in which the land is located.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:06 - Term of leases

Current through Register Vol. 51, page 10, July 15, 2024
The term of commercial leases may not exceed 99 years.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:07 - Development plan and selection

Current through Register Vol. 51, page 10, July 15, 2024
Bidders must provide the commissioner with a development plan and financial statement at the time of the bid opening. The commissioner shall select the most qualified lessee based on development and managerial experience, financial capabilities, proposed capital investments, leasing fees and benefits offered to the state, and any other criteria considered by the commissioner to be pertinent.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:08 - Assignment of lease - Filing fee

Current through Register Vol. 51, page 10, July 15, 2024
The lessee may assign a lease to a third person after receiving the written approval of the commissioner. The commissioner shall provide the form used for requesting such an assignment. The commissioner shall approve or disapprove the assignment within 60 days after receipt of the completed form. The commissioner's approval or disapproval shall be based on the assignee's financial capabilities and development and managerial experience and any other criteria considered by the commissioner to be pertinent. The filing fee for the assignment of a lease is $250.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:09 - Grounds for cancellation of lease

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may cancel a lease for nonpayment of rentals, nonperformance by the lessee of any requirement of the lease, or a breach of any term of the lease.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:07 - Commercial leases › Section 4:01:07:10 - Notice of intent to cancel lease - Remedy of default

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall mail to the lessee or assignee, by registered or certified letter, a notice of intention to cancel the lease, specifying the reason for which the lease is subject to cancellation. A notice of intent to cancel is not required for nonpayment of rentals by the date they are due. If the lessee or assignee remedies the default specified in the cancellation notice within 30 days after the mailing of the notice to the lessee or assignee, the commissioner may not order the cancellation of the lease. If the specified default is not remedied, the commissioner may cancel the lease and all the rights of the lessee or assignee under the lease shall terminate.
General Authority:
SDCL  5-1-7.2.
Law Implemented:
SDCL  5-1-7.2.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Appraisal or appraisal report," a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion as to the market value as of a specific date, supported by the presentation and analysis of relevant market information;
(2) "Approximate equal value," a comparative estimate of value of the lands involved in an exchange which have readily apparent and substantially similar elements of value, including location, size, use, and physical characteristics;
(3) "Assembled land exchange," an exchange of state land for a package of multiple ownership parcels or nonstate land consolidated for purposes of one land exchange transaction;
(4) Cash equalization," the difference in value between the lands being exchanged that is paid in cash;
(5) "Commissioner," the commissioner of school and public lands;
(6) "Outstanding interest," rights or interest in property held by an entity other than a party to an exchange.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:02 - Exchange agreements in public interest

Current through Register Vol. 51, page 10, July 15, 2024
In making land exchanges or assembled land exchanges under this chapter, the commissioner may consider whether the public interest is served through the consolidation of school and public lands and nonstate land patterns, or needed for urban or industrial expansion, or is consistent with land management planning objectives.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:03 - Exchange agreements

Current through Register Vol. 51, page 10, July 15, 2024
For each land exchange or assembled land exchange made under this chapter, an exchange agreement with the approval of the commissioner is required. The agreement shall contain at least the following:
(1) Legal description of the land to be exchanged and approximate equal value of such land;
(2) Identification of each party involved in the exchange and status of the party's ownership or ability to provide title to the land;
(3) Any reservations and outstanding interest;
(4) Description of the appurtenant rights proposed to be exchanged or reserved including any authorized uses such as grants, permits, easements, or leases, and any known unauthorized uses such as covenants, restrictions, title defects, or encumbrances;
(5) Appraised value of the land;
(6) Cash equalization;
(7) Time schedule by which the exchange and payment of cash equalization must be made;
(8) Assignment of responsibility for performance of required functions and for costs associated with processing the exchange;
(9) Statement as to whether costs will be negotiated pursuant to §
									4:01:08:05;
(10) A grant of permission by each party to physically examine the lands offered by the other party;
(11) Statement as to the manner in which documents of conveyance shall be exchanged, should the exchange proposal be successfully completed;
(12) Presence of hazardous material;
(13) Hold harmless clause;
(14) Agreement for cleanup responsibility of hazardous material; and
(15) Conveyance of acceptable title.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:04 - Appraisals

Current through Register Vol. 51, page 10, July 15, 2024
For each land exchange, or assembled land exchange, including a conditional land exchange, an appraisal or appraisal report shall be required as follows:
(1) Tracts with an assessed value of $100,000 or less may be appraised by a realtor registered in this state, under SDCL chapter 36-21 B;
(2) Tracts with an assessed value of $100,000 up to $250,000 shall be appraised by a licensed appraiser or a certified general appraiser;
(3) Tracts with an assessed value of $250,000 or greater shall be appraised by a certified general appraiser.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:05 - Recovery of expenses of exchange preparation

Current through Register Vol. 51, page 10, July 15, 2024
In mutually beneficial cases, the commissioner may negotiate with the landowner to share the expenses incurred in the exchange of land preparation, such as the appraisal or appraisal report, cost and legal fees associated with deed preparation, conveyance of title, and exchange agreement preparation. However, the commissioner may charge the landowner for the costs incurred to obtain the appraisal or appraisal report of the land to be exchanged. In such event, the commissioner shall provide a copy of the cost of the appraisal to the landowner and request payment to be made within 30 days to the appraiser.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:06 - Environmental analysis

Current through Register Vol. 51, page 10, July 15, 2024
In any exchange made pursuant to this chapter the commissioner may determine if an environmental analysis needs to be performed as a condition to the exchange. If the analysis indicates that remedial efforts are necessary, the commissioner may require the landowner to complete the remedial efforts prior to the exchange.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:07 - Restrictions

Current through Register Vol. 51, page 10, July 15, 2024
In any exchange made pursuant to this chapter, the commissioner reserves the right to retain any interest that is needed to protect the public interest or shall otherwise restrict the use of the school land to be exchanged, as appropriate. The use or development of any land conveyed to out-of-state ownership is subject to any restriction imposed by either the conveyance documents or the laws and zoning ordinances of state and local governing bodies.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:08 - Hazardous substances

Current through Register Vol. 51, page 10, July 15, 2024
The landowner shall notify the commissioner of any hazardous substances known to have been released, stored, or disposed of on the nonstate land to be exchanged prior to the ordering of the appraisal. If hazardous substances are known to be present on the nonstate land, the commissioner shall reach an agreement with the landowner regarding the responsibility for appropriate response action concerning the hazardous substances before completing the exchange.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:09 - Withdrawal from exchange

Current through Register Vol. 51, page 10, July 15, 2024
Entering into any negotiation to exchange land does not legally bind either party to proceed with the processing of the land exchange or to consummate a proposed exchange, or to reimburse or pay damages to any party to a proposed land exchange that is not consummated or to anyone doing business with the party.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:08 - Land exchanges › Section 4:01:08:10 - Notice of exchange proposal

Current through Register Vol. 51, page 10, July 15, 2024
After entering into an agreement to initiate an exchange of land, the commissioner shall publish notice once a week for three consecutive weeks in newspapers of general circulation in each county in which the school land and nonstate land are located. At a minimum, the notice shall include the following:
(1) A description of the school and nonstate land being exchanged;
(2) An invitation to the public to submit written comments on or about the proposed exchange; and
(3) The deadline by which comments must be received, and the name, title, and address of the official to whom comments must be sent and from whom additional information may be obtained.
General Authority:
SDCL  5-3-7.
Law Implemented:
SDCL  5-3-7.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commissioner," the commissioner of school and public lands;
(2) "Fossil," any remain, trace, or imprint of a plant or animal that has been preserved by natural processes in the earth's crust from some past geologic time;
(3) "Paleontological resources," any fossil resources, including both body and trace fossils, of all groups of organisms;
(4) "Paleontology," the study of life in past geologic times.
General Authority:
SDCL  5-1-16.
Law Implemented:
SDCL  5-1-16.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:02 - Reconnaissance collecting

Current through Register Vol. 51, page 10, July 15, 2024
Reconnaissance collecting means the collecting of fossils from the surface which:
(1) Results in surface disturbance of less than two square meters of the earth;
(2) Involves picking up loose specimens on weathered rock surfaces;
(3) May involve the use of simple hand tools;
(4) Does not involve the use of power tools, explosives, or mechanized equipment of any kind; and
(5) Does not pose potential for significant disturbance of sites of ongoing scientific research and other important resources, including endangered species, cultural resources, archaeological resources, cave resources, wilderness, or areas of critical environmental concern.
General Authority:
SDCL  5-1-15,  5-1-16.
Law Implemented:
SDCL  5-1-16.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:03 - Paleontological survey

Current through Register Vol. 51, page 10, July 15, 2024
An excavation permittee conducting a paleontological survey shall have experience with geological and paleontological field techniques. A paleontological survey action is the systematic scientific survey of some or all of the rock formations and other deposits and alluvia within certain boundaries to gather baseline data on fossil resources in the field.
General Authority:
SDCL  5-1-16(1)(4)(6).
Law Implemented:
SDCL  5-1-16(1)(4)(6).
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:04 - Activities which may be required of excavation permittees

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may require excavation permit holders to conduct any of the following activities:
(1) Document each site with a close-up photograph of the locality as well as a photograph of the general setting of the locality or topographic map markings identifying the location;
(2) Consult with a qualified paleontologist; and
(3) Conduct a paleontological survey.
General Authority:
SDCL  5-1-15,  5-1-16(4)(5).
Law Implemented:
SDCL  5-1-16(4)(5).
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:05 - Permitting

Current through Register Vol. 51, page 10, July 15, 2024
If a request for research on any paleontological resource is submitted, the commissioner shall determine whether or not a permit is required prior to or after the commencement of the research depending on the following conditions:
(1) The collection of a specimen may be authorized by the commissioner if specimens are in imminent danger of damage or loss through erosion, theft, or vandalism. Such a threat must be of such an immediate nature that the time involved in the normal permitting process will result in the loss of the specimen; and
(2) If the research activities involves the incidental collection of inconsequential fossils that are not central to the investigative study.
General Authority:
SDCL  5-1-15,  5-1-16(4)(5).
Law Implemented:
SDCL  5-1-16(4)(5).
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:06 - Types of permits and fees

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may issue exploration or excavation permits which are:
(1) An exploration permit allows the permittee to explore, locate, survey, acquire, collect, salvage, conserve, and restore paleontological resources provided that such collecting is reconnaissance collecting and results in surface disturbance of less than two square meters of the earth, picking up loose specimens on weathered rock surfaces, and may involve the use of simple hand tools. This does not include the use of power tools, explosives, or mechanized equipment of any kind. The exploration permit fee is $25; and
(2) An excavation permit allows the permittee to locate, survey, acquire, excavate, and operate paleontological sites and properties containing paleontological resources. The excavation permit fee is $250.
General Authority:
SDCL  5-1-15,  5-1-16.
Law Implemented:
SDCL  5-1-15,  5-1-16(6)(7).
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:09 - Paleontology › Section 4:01:09:07 - South Dakota paleontological permit application forms

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall make available the following application form for completion by persons exploring or excavating for paleontological resources:
SOUTH DAKOTA FOSSIL PERMIT APPLICATION
This application is for a permit that will entitle the person named on the permit to collect, for a period of one (1) year, fossils on land owned or leased by the State of South Dakota. The permittee shall abide by all of the provisions contained in SDCL chapters 1-19 A, 1-20, and 5-1 and ARSD chapter 4:01:09.
MAIL COMPLETED APPLICATION TO:
Commissioner of School and Public Lands, Capitol Building, Pierre, South Dakota 57501
The following are to be enclosed with the application:
1. Copy of applicant's identification as stated in permit information;
2. Check or money order for the amount required for the permit desired payable to the Commissioner of School and Public Lands.
PLEASE DO NOT SEND CASH
.
Please check the type of permit desired:
_____ Exploration permit ($25.00)
_____ Excavation permit ($250.00)
Please complete the following:
Applicant's Name:
_______________________________________________________
Organization or club, if any:
_______________________________________________
Address:
_______________________________________________________________
_______________________________________________________________
City State Zip
Telephone (including area code):
___________________________________________
Name of other individuals that would be helping the Applicant:
_________________
________________________________________________________________________
________________________________________________________________________
Legal land description: ____________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Date field work will begin ______________ Date field work to end _______________
I, the undersigned, affirm that I will abide by SDCL chapters 1-19 A, 1-20, and 5-1 and ARSD 4:01:09 and will send all paleontological records and data associated with the paleontological resources to the Commissioner of School and Public Lands.
____________________________________ _________________________
Signature Date
General Authority:
SDCL  5-1-15,  5-1-16(8).
Law Implemented:
SDCL  5-1-16(8).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:01 - Definition of terms › Section 5:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Designated city area," an area extending five miles beyond the municipal boundaries of Pierre, Sioux Falls, Aberdeen, Watertown, Brookings, and Rapid City;
(2) "Direct route," the shortest practical route of travel between two points as determined by standard map mileage in accordance with an electronic mapping platform application;
(3) "Post of duty," the location where an employee is permanently assigned for work and permanently resides.
General Authority:
SDCL  3-9-1,  3-9-2.
Law Implemented:
SDCL  3-9-1,  3-9-2,  3-9-4.
Note:
Such electronic mapping platform application may be maps.google.com or other similar web mapping service.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:01 - Allowance for use of privately owned motor vehicle

Current through Register Vol. 51, page 10, July 15, 2024
In lieu of actual transportation expenses, an employee shall be paid 51 cents a mile for use of a privately owned motor vehicle on official business outside the city limits of the employee's designated post of duty. The mileage rate covers all expenses incidental to the operation of a motor vehicle, including gasoline, oil, tires, repairs, towing, and insurance.
If State Fleet and Travel Management or Department of Transportation pool motor vehicles are available in a designated city but the employee desires to drive a personal motor vehicle, the employee shall be paid at the rate of 28 cents a mile.
Upon written request of the head of a state agency or institution, an employee may be reimbursed for mileage within a designated city area by the state auditor if the required travel is not compensated through the employee's salary.
For the purposes of this section, transportation expenses shall be defined as the costs of all necessary official travel on regular commercial airliners, chartered aircraft, privately owned motor vehicles, railroads, buses, and other usual means of conveyance, including fares and such expenses incidental to travel while on state business as baggage transfer fees, tolls, and taxicab fares.
General Authority:
SDCL  3-9-1.
Law Implemented:
SDCL  3-9-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:01.01 - Allowance for use of privately owned motor vehicle by individual with special needs

Current through Register Vol. 51, page 10, July 15, 2024
If no state-owned motor vehicles are equipped or modified for the transportation of an individual with special needs and the individual desires to drive a personal motor vehicle on state business, the individual shall be paid 68 cents a mile for a passenger or cargo van, pick up, or sports utility vehicle and 51 cents a mile for any other motor vehicle. An individual with special needs is a person with a disability that makes the person unable temporarily or permanently to operate an unmodified state-owned motor vehicle but allows the person to operate a personal motor vehicle that is equipped or modified to be operated in spite of the disability.
To receive reimbursement under this section, the individual shall complete the form provided by the State Board of Finance and attach the form to the travel voucher. The form shall contain the name of the individual requesting the reimbursement, the individual's driver license number, the individual's agency and the agency address and phone number, the make and model of the motor vehicle, the vehicle license plate number, the individual's signature, the signature of the supervisor approving the request, and the date of travel.
General Authority:
SDCL  3-9-1.
Law Implemented:
SDCL  3-9-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:04 - Limits for out-of-state travel, meals, and lodging allowances

Current through Register Vol. 51, page 10, July 15, 2024
Anyone driving a personal or state-owned motor vehicle out of state shall be allowed meals and lodging up to a maximum of two days each way for travel between the post of duty and the business destination. Allowable motor vehicle mileage as provided in §
									5:01:02:01  for out-of-state travel on official state business may not exceed the cost of the most economical commercial air fare available per person traveling.
General Authority:
SDCL  3-9-1,  3-9-2.
Law Implemented:
SDCL  3-9-1,  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:04.01 - Eligibility for reimbursement of state officers and employees attending public meetings

Current through Register Vol. 51, page 10, July 15, 2024
The following constitutional officers and state employees may be reimbursed for allowable expenses at the state fair, the inaugural, or any other similar public meeting:
(1) A constitutional officer or state employee charged by statute with the responsibility for the operation and administration of the state fair, the inaugural, or any other similar public meeting that is an official state function;
(2) A constitutional officer or state employee charged with the responsibility for maintaining public health, order, safety, tax collections, audits, or the investigation of complaints pertaining to the functions of the public meeting;
(3) A constitutional officer or state employee performing state duties in the same locality during the same time but independent of the state fair, inaugural, or any other similar public meeting;
(4) A constitutional officer or an employee of the state Department of Agriculture attending the state fair, performing a support function considered necessary by the secretary of agriculture;
(5) An employee of educational television, public radio, or Rural Development Telecommunications Network attending a public meeting for the purpose of media coverage by that agency; and
(6) A constitutional officer or state employee attending a public meeting to perform work-related duties that necessarily require attendance at that public meeting. To obtain reimbursement under this subdivision, the voucher must include a written statement of the purpose of attendance at the public meeting and must be approved by the institution or head of the agency.
General Authority:
SDCL  3-9-7.
Law Implemented:
SDCL  3-9-7.