North Dakota Administrative Code

Any state agency, department, municipality, county, school district, or other governmental subdivision or private organization or individual may prepare and submit nominations of properties to the registry. All nominations prepared shall be submitted to the division. It is the di…

The division provides notification not less than sixty days prior to the meeting at which the property is reviewed. The board will not review nominations submitted unless the notification procedures outlined in this section have been followed. 1. Notification is made as follows: …

Procedures include: 1. Mailing by the division to the board of the nomination not less than ten days prior to each meeting. 2. Review of the nomination by the committee prior to the meeting. 3. Recommendations by the committee to the board regarding each property being nominated.…

Not more than fifteen days following board action on a nomination, the division shall provide written notification of action taken to those property owners, governmental officials, and to the general public as outlined in subsection 1 of section 40-02-01-05. History: Effective Ju…

No later than January 31, 1986, the society shall publish and distribute the North Dakota State Historic Sites Registry, and shall annually thereafter publish, as necessary, any updates to that publication. The publication must, at a minimum, include: 1. A list of all properties …

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…

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 demoliti…

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 perform…

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 …

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 t…

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…

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…

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 …

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. History: Effective January 1, 1985. General Authority: NDCC 28-32-02 Law Implemented: NDCC 55-03-03 4 Appendix A APPLIC…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code section 23-06-27, except: 1. "Department" means the state department of health. 2. "Director" means the director of the state historical society as set forth in North Dakota Century Code …

Repealed effective December 1, 1990.

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 noti…

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 2 section 40-02-03-03, the department staff and the society staff, or a qualified arch…

Whether or not the society intends to study a disturbed Indian burial site and its contents, the director shall provide timely notification of the disturbed burial to the duly designated representative of the intertribal reinterment committee. Within a period of twenty-four hours…

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 infor…

Within a period of twenty-four hours, or as soon thereafter as practicable, from the time each such notification of a planned disinterment of an Indian burial site is received by the director pursuant to section 40-02-03-06, the director shall contact the intertribal reinterment …

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 remain…

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. History: Effective December 1, 1990. 6 General Authority: NDCC 28-32-02 Law Implemented: NDCC 23-06-27 7…

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 appoint…

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 …

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 o…

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 applic…

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. …

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 …

Repealed effective January 1, 2018.

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 tw…

Repealed effective April 1, 2024.

Repealed effective January 1, 2018.

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 d…

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. Cons…

1. History. The 1919 legislative assembly passed legislation, codified as North Dakota Century Code chapter 54-17, creating the industrial commission of North Dakota. The industrial commission was created to conduct and manage, on behalf of the state of North Dakota, certain util…

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

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 developm…

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 …

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 rul…

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. 2 It shall be the responsibility of all permit applicants and permitho…

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 …

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 3…

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 Implemen…

The state geologist shall maintain an official permit list in which shall be entered: 1. The name of the permitholder. 2. The permit number. 3 General Authority: NDCC 38-12.1-04 Law Implemented: NDCC 38-12.1-04

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…

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 info…

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 cha…

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 s…

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 l…