Title 38, Mining and Gas and Oil Production
35 chapters · 340 sections in this title.
N.D.C.C. § 38-14.2-01 Declaration of findings and purpose
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The legislative assembly finds and declares that there are a substantial number of acres [hectares] within the state disturbed by surface coal mining operations and noncoal mining operations on which little or no reclamation was conducted, and the impacts from these unreclaimed l…
N.D.C.C. § 38-14.2-02 Definitions
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For the purpose of this chapter: 1. "Abandoned mine reclamation plan" means a plan for the reclamation of lands and water adversely affected by past coal mining and noncoal mining practices. The plan must generally identify all areas to be reclaimed in the state of North Dakota, …
N.D.C.C. § 38-14.2-03 Powers and duties of the commission
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The commission: 1. Shall develop an abandoned mine reclamation plan. 2. Shall submit such applications, abandoned mine reclamation plan, projects, and reports necessary to accomplish the purposes of this chapter, and to accomplish the purposes of title IV of Public Law 95-87 [91 …
N.D.C.C. § 38-14.2-04 State abandoned mine reclamation fund
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There is hereby created the state abandoned mine reclamation fund. 1. Revenue to the fund must include: a. Moneys applied for and received by the commission pursuant to title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.], for the purposes of this chapter. b. Money…
N.D.C.C. § 38-14.2-05 Construction of public facilities
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Upon reclamation of all abandoned coal mine areas and all abandoned noncoal areas pursuant to the provisions of this chapter, if there is a need for the construction of specific public facilities in communities impacted by coal development and if impact funds which may be availab…
N.D.C.C. § 38-14.2-06 Eligible lands and water
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Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and abandoned or left in an inadequate reclamation …
N.D.C.C. § 38-14.2-07 Commission authorized to administer abandoned mine reclamation program - Objectives - Priorities
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1. The commission is hereby authorized to develop, administer, and enforce an abandoned mine reclamation program. Expenditure of funds for the projects under this program must reflect priorities in the order stated: a. The protection of public health, safety, and property from ex…
N.D.C.C. § 38-14.2-08 Right to conduct studies
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The commission has the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining and noncoal mining practices and to determine the feasibility of restoration, reclamation, abatement…
N.D.C.C. § 38-14.2-09 Affected lands - Right of entry
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If the commission makes a finding of fact that: 1. Land or water resources have been adversely affected by past coal mining or noncoal mining practices; and 2. The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent…
N.D.C.C. § 38-14.2-10 Land acquisition
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The commission may acquire any land, by purchase, donation, or condemnation, pursuant to the procedures of chapter 32-15, and other laws governing eminent domain, which is adversely affected by past coal mining or noncoal mining practices if the commission determines in accordanc…
N.D.C.C. § 38-14.2-11 Title to lands
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Title to all lands acquired pursuant to this chapter must be in the name of the state of North Dakota. The price paid for land acquired under this chapter must reflect the market value of the land as adversely affected by past coal mining or noncoal mining practices.
N.D.C.C. § 38-14.2-12 Transfer or sale of acquired lands
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The commission may transfer land acquired pursuant to this chapter to the appropriate state or federal agency. Where land acquired pursuant to this chapter is deemed to be suitable for industrial, commercial, residential, or recreational development, the commission may sell such …
N.D.C.C. § 38-14.2-13 Public hearing on disposition of acquired lands
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The commission, when requested, shall hold a public hearing, with the appropriate public notice, in the county or counties in which lands acquired pursuant to this chapter are located. The hearings must be held at a time which affords local citizens and governments the maximum op…
N.D.C.C. § 38-14.2-14 Liens for reclamation on private lands
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1. Within six months after the completion of projects to restore, abate, control, or prevent adverse effects of past coal mining or noncoal mining practices on privately owned land, the commission shall itemize the moneys so expended and may file a statement thereof in the office…
N.D.C.C. § 38-14.2-15 Hearing and appeal
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Any person claiming to be aggrieved or adversely affected by any regulation or order of the commission or its failure to enter an order under this chapter may request a hearing by the commission. The hearing must be conducted pursuant to chapter 28-32. There is a right of appeal …