North Dakota Administrative Code

1. The examiner and the person subject to examination shall act in good faith to conduct the examination under the terms and within the time frame established in the entrance conference. 2. During the examination, the examiner may make subsequent requests, to the person subject t…

Examinations carried out using estimation as set forth by North Dakota Century Code section 47-30.2-59 adhere to the following rules: 1. Estimation may only be used when the person subject to the examination failed to comply with North Dakota Century Code section 47-30.2-24, or w…

1. The administrator may agree to participate in an examination of a person for compliance with unclaimed property laws of multiple states, including North Dakota Century Code chapter 47-30.2, when examiners perform examinations for more than one state. 2. As different states par…

If, at any time before or during an examination, the person subject to examination files for bankruptcy, that person shall give notice of the filing to the examiner. The examiner shall, within seven calendar days after receiving notice or the discovery of the event, notify the ad…

1. The commissioner may resolve an examination via negotiation and settlement with the person subject to examination. 2. The commissioner may not agree in a settlement to provide indemnification beyond that provided in North Dakota Century Code chapter 47-30.2. 3. A mutually agre…

1. The administrator may establish a voluntary disclosure agreement program for persons who are not in compliance with North Dakota Century Code chapter 47-30.2. 2. Under a voluntary disclosure agreement program, the commissioner may agree to waive, in whole or in part, interest …

1. The commissioner may not issue a surface land lease for agricultural use until payment in full is received by the department. 2. A successful bidder who fails to pay for a surface land lease may be deemed ineligible to bid at subsequent surface land lease auctions administered…

1. The annual surface land lease rental payment for the second and each succeeding year of a surface land lease must be received by the department by the close of business on the last business day of January of the surface land lease year. If payment is not received, the surface …

1. A surface land lease or any part of the lease may not be assigned. The lessee may not allow the surface land leased premises or any part of the premises to be used in any manner by anyone other than the lessee without the written consent of the commissioner. A grazing permit i…

A lessee is prohibited from selling a board-issued surface land lease for agricultural use and any attempt to do so may result in surface land lease termination in accordance with this chapter. History: Effective January 1, 2020. General Authority: NDCC 15-07-20, 28-32-02 Law Imp…

The surface land leased premises must be made available for inspection to a prospective lessee or purchaser. If the surface land leased premises contains an occupied farmstead, a prospective lessee or purchaser must provide the current resident with at least two days advance noti…

A custodial agreement may be permitted if a lessee does not own livestock or is understocked. The custodial agreement must be in writing and a copy furnished to the department or the arrangement will be treated as third-party use. Unless approval is given by the commissioner, a c…

The department may enter the land subject to the surface land lease at any time without notice for the purpose of inspecting the land and improvements. History: Effective January 1, 2020. General Authority: NDCC 15-07-20, 28-32-02 Law Implemented: NDCC 15-04-01, 15-07-20, 54-30-1…

1. Failure to comply with the surface land lease terms, board rules, board policies, or applicable laws, except as otherwise stated in this chapter, may result in surface land lease termination by the commissioner. 2. The commissioner may: a. Waive any breach except those terms r…

Within thirty days of a decision under these rules, an aggrieved party may request the commissioner review the decision. The aggrieved party seeking review shall submit any information required by the commissioner as part of this request. Within thirty days of the commissioner's …

The lessee is responsible for noxious weed and invasive species and pest control on the surface land leased premises. The department may participate in weed and pest cost-share reimbursement for: 1. Payments for state-listed noxious weed control costs; 2. Payments for county-list…

A lessee may submit a request for weed and pest cost-share. The request must be submitted using the electronic cost-share application available on the department's website or a paper application provided upon request. A lessee shall provide all information specifically required b…

Noxious weeds and invasive species on cropland are not eligible for cost-share. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02, 28-32-02 Law Implemented: NDCC 15-04-24

Cost-share payments may be made for allowable expenses related to weed and pest control. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02, 28-32-02 Law Implemented: NDCC 15-04-24

Use of biological control agents to control noxious weeds is authorized in addition to the chemical control. History: Effective January 1, 2020. General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-04-24

A lessee shall furnish complete and accurate information concerning cultivated acres, hayland acres, noxious weed control, grazing, improvements, or any other information concerning the surface land leased premises when requested by the department. History: Effective January 1, 2…

An applicant shall submit a request for a construction aggregate lease, amendment, assignment, or extension using the electronic application available on the department's website or a paper application provided upon request. 1. An application fee may be charged as determined by t…

1. A construction aggregate lease term may not exceed five years. 2. If the lessee is a state agency or a political subdivision and the: a. Lease term is one year or less, the royalty rate must be a fixed amount based on fair market value; b. Lease term is greater than one year, …

1. The commissioner is authorized to approve and issue a construction aggregate lease on the board's behalf in accordance with this chapter. 2. If an application does not comply with this chapter, or if the commissioner determines board review is desirable, the application may be…

Upon receipt of an application for a construction aggregate lease and a determination that the application covers a tract the commissioner is willing to lease, the department shall post on the 2 department's website a notice of the application for construction aggregate lease, an…

1. Notice of an auction must be published in the official newspaper of the county where the proposed construction aggregate leased premises is located and in the Bismarck Tribune. 2. The notice must be published once at least ten days prior to the day of the auction. 3. The notic…

A lessee may use as much of the construction aggregate leased premises as necessary for prospecting, mining, removal of construction aggregate, and reclamation subject to the requirements of this chapter. History: Effective January 1, 2020. General Authority: NDCC 15-05-18 Law Im…

1. As consideration for a construction aggregate lease with a term greater than one year, the lessee shall pay on the date a construction aggregate lease is issued an advance on the yearly royalty, as determined by the commissioner, but not less than one thousand dollars. 2. The …

1. Royalties must be received by the department by five p.m. central prevailing time on the last business day of the calendar year following sale, utilization, stockpiling, or removal from the construction aggregate leased premises of the construction aggregate mined. 2. Royaltie…

The department may require a lessee to conduct drilling tests on the construction aggregate leased premises prior to mining. The commissioner may terminate a lease for failure to conduct test drilling if required or failure to furnish the required information. If testing is requi…

1. Prior to issuance of a construction aggregate lease, the department, in consultation with the lessee, shall develop a mining and reclamation plan for the commissioner's approval. Mining must not begin on the construction aggregate leased premises unless the mining and reclamat…

1. To assure payment of royalties and satisfactory reclamation, the lessee shall obtain and retain in force a surety bond, in an amount determined by the commissioner. 2. Upon written request, the commissioner may waive the bonding requirement for a political subdivision or other…

The lessee shall be responsible for the loss or theft of any construction aggregate from the construction aggregate leased premises and such loss or theft does not relieve the lessee from the responsibility to pay royalties for the construction aggregate. History: Effective Janua…

The lessee shall keep an accurate record of the quantity, quality, and type of construction aggregate mined. The department may audit, examine, and copy any records as may be necessary to assure the lessee is complying with all provisions of the construction aggregate lease, boar…

The lessee shall conduct construction aggregate mining operations in a good and professional manner and in accordance with the construction aggregate lease terms, board rules and policies, and applicable laws. The lessee shall take reasonable steps to prevent construction aggrega…

1. Failure to comply with construction aggregate lease terms, board rules, board policies, or applicable laws may result in construction aggregate lease termination by the commissioner. The commissioner may: a. Waive any breach except those terms required under applicable law; b.…

Within thirty days of a decision under these rules, an aggrieved party may request the commissioner review the decision. The aggrieved party seeking review shall submit any information required by the commissioner as part of this request. Within thirty days of the commissioner's …

The lessee may surrender a construction aggregate lease upon payment of all outstanding royalties and other debts owed the board. Surrender of a construction aggregate lease does not release the lessee from its responsibility to reclaim the construction aggregate leased premises …

At the expiration, termination, or surrender of a construction aggregate lease and, upon the completion of reclamation, unless otherwise waived, the lessee shall remove its property from the construction aggregate leased premises within one hundred twenty days from the date of ex…

Where the surface of the construction aggregate leased premises is not managed or owned by the board, the lessee shall give the surface owner a written description of the specific locations of any land disturbance contemplated by the lessee, accompanied by a map, at least one hun…

If the surface of the construction aggregate leased premises is managed or owned by the board and is leased to a person other than the construction aggregate lessee, the construction aggregate lessee shall restore all fences and other improvements that have been damaged, moved, o…

1. If any historical, archaeological, paleontological, or other cultural artifacts, vestiges, or remains are found prior to, during, or after any exploration, testing, production, mining, or reclamation operations on the construction aggregate leased premises, the lessee shall: a…

1. The commissioner may refuse to consent to the assignment of a construction aggregate lease for good cause. 2. The assignor remains responsible for compliance of all construction aggregate lease terms, board rules and policies, and applicable laws until the assignment is approv…

The board reserves the right to use, rent, lease, sell, or encumber the construction aggregate leased premises and reserves all historical, archaeological, and paleontological materials on or beneath the surface of the construction aggregate leased premises. Leases issued by the …

1. Permanent improvements may not be placed on, removed from, or applied to any surface land leased premises without the written consent of the commissioner. 2. Permanent improvements placed on or implemented on any surface land leased premises are the property of the state of No…

A lessee shall submit a request for a permanent improvement, using the electronic application available on the department's website or a paper application provided upon request. The lessee shall provide all information specifically required by the application and any supplemental…

1 1. Rent credits, cost-share, and depreciation of project costs may be authorized at the sole discretion of the commissioner. 2. Rent credits or cost-share may not exceed the approved maximum project cost as determined by the commissioner or the actual project cost, less reimbur…

In reviewing an application for a permit for a permanent improvement, the commissioner may consider the following: 1. Financial benefit to the trusts; 2. Availability of alternate site or route; 3. The least environmentally damaging site or route; 4. Physical stability of the lan…

The commissioner may determine whether to issue a permit for the construction of a permanent improvement and the maximum project cost, rent credit, cost-share, and depreciation amounts. The commissioner may impose such terms on a permit as the commissioner deems necessary. A perm…

1. An applicant shall submit a request for an encumbrance, amendment, consent to assign, extension, or renewal using the electronic application form available on the department's website or a paper application provided upon request. An application submitted on any other form may …