Title 38, Mining and Gas and Oil Production

In this chapter, unless the context or subject matter otherwise requires: 1. "District court" means the district court having jurisdiction of the estate of which the personal representative involved is administrator, executor, or guardian, as the case may be. 2. "Estate" means th…

A personal representative, upon compliance with the provisions of this chapter, may give a lease for production covering real property in the estate or may sell the oil, gas, or minerals in or under such real property separately from the surface rights.

A lease for production made by a personal representative may be made subject to the confirmation of the district court, for a period of not more than ten years, and it may be extended thereafter as long as oil or gas is produced from such land by the lessee or the lessee's assign…

Whenever it appears to the satisfaction of the district court that it is necessary for the payment of the family allowance or of claims, expenses of administration, or legacies, or that it is for the advantage, benefit, or best interests of the estate of a decedent, minor, or inc…

To obtain an order of the district court for the sale of oil, gas, or other mineral rights, a verified petition must be presented to and filed with the court setting forth the matters required by law to be contained in a petition for the sale of real estate and in addition theret…

Any person interested in the estate may file written objections to a petition for the approval and confirmation of a lease for production or to a petition for an order of license to sell oil, gas, or mineral rights. The petition and the objections thereto must be heard, the heari…

If it appears to the district court, after the hearing provided for in this chapter, that it is necessary, or for the advantage, benefit, and best interests of the estate and of the persons interested therein, to sell the whole or some fractional part of the oil, gas, or minerals…

Sales of oil, gas, or mineral rights made under the provisions of this chapter must be made subject to the terms of any then existing oil, gas, or mineral lease and must cover and include all or a fractional part of the oil royalty, gas rental or royalty, and mineral rental or ro…

In addition to the whole or fractional part of all oil, gas, and other minerals in or under, or that may be produced from, the land, the conveyance must convey the right of ingress and egress at all times for the purpose of mining, drilling, and exploring such lands for oil, gas,…

If property is directed by a will to be sold or if authority is given in a will to sell property, the executor may sell the whole or any fractional part of the oil, gas, or other minerals in or under, or that may be produced from, land belonging to the estate in the same manner a…

If lands, or any estate or interest therein, are subject to any contingent future interest, legal or equitable, by way of remainder, reversion, or possibility of reverter, upon the happening of a condition subsequent, or otherwise, created by deed, will, or otherwise, and whether…

The proceedings provided for by section 38-10-12 may be instituted upon the petition of any one or more of the parties who have a present interest or a contingent interest in the land or estate or interest therein.

All bonuses, rental payments and royalties from such leases must be paid to the trustee until the lessee is furnished with notice of the termination of the trust. Any bonuses or rental payments must be distributed by the trustee to the life tenant or other persons entitled theret…

In this chapter, unless the context or subject matter otherwise requires: 1. "Agency" means and includes any department, agency, instrumentality, or political subdivision of the state of North Dakota. 2. "Mineral" means and includes any valuable inert or lifeless substance formed…

The state may issue prospecting permits or issue leases for the purpose of prospecting for and mining minerals contained in any portion of lands owned by this state or that may be contained in state lands sold with a reservation of mineral deposits.

The board of university and school lands shall supervise the issuance of all prospecting permits and leases for the exploration and mining of state-owned minerals. Any agency of the state that desires to issue mineral prospecting permits or mineral leases shall do so in accordanc…

The authority given the board of university and school lands by section 38-11-02.1 includes, but is not limited to: 1. The approval of all forms used by agencies for mineral prospecting and mineral leasing. 2. The setting of minimum bonuses, minimum delay rentals, and minimum roy…

Any agency has the following authority over lands under its immediate control: 1. To designate lands as open or closed to mineral leasing or mineral prospecting. 2. To finally approve or disapprove a mineral leasing or mineral prospecting offer. 3. To attach special conditions to…

An agency may contract with the board of university and school lands for the purpose of conducting the mineral prospecting or mineral leasing negotiations or sale on behalf of the agency. The board may collect such costs as the agency and the board might agree as consideration fo…

Prior to the execution of a mineral lease by any agency of the state of North Dakota, that agency owning or controlling the mineral interest shall first give notice in accordance with the rules of the board of university and school lands. The notice must contain the information r…

The board of university and school lands is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter and to provide such terms and conditions in leases upon state minerals as may be in the best interests of the state.

As used in this chapter, unless the context otherwise requires: 1. "Commission" means the industrial commission of the state of North Dakota. 2. "Critical mineral" means a nonfuel mineral or material essential to the economic or national security of the United States and which ha…

The commission has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter. Subject to the provisions of section 38-08-21, the director of mineral resources shall act as a supervisor charged wit…

It is unlawful to commence operations for the exploration, development, or production of subsurface minerals without first obtaining a permit from the director of mineral resources, under such rules and regulations as may be prescribed by the commission and paying to the commissi…

The administrative procedure involved in the adopting of any rules or regulations or the issuance of any orders by the commission under the provisions of this chapter must be in accordance with the provisions of chapter 38-08 governing the procedure in the administration of the O…

The provisions of sections 38-08-16 and 38-08-17 are applicable to the provisions of this chapter and to the rules, regulations, and orders of the commission promulgated hereunder.

(Retroactive application - See note) 1. It is in the public interest of the state of North Dakota, its citizens, and the United States to encourage, accelerate, and promote the development, production, and utilization of critical minerals and rare earth minerals in a manner that …

It is hereby declared to be in the public interest to foster, encourage, and promote the development, production, and utilization of all natural resources of coal, commercial leonardite, oil, gas, and subsurface minerals in a manner as will prevent waste and allow a greater ultim…

As used in this chapter, unless the context otherwise requires: 1. "Coal" means all kinds of coal, and includes what is known as lignite coal, unless a contrary intention plainly appears. 2. "Commercial leonardite" means a dark-colored, soft, earthy rock formed from the oxidation…

The commission has continuing jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter. The director of mineral resources shall act as a supervisor charged with enforcing the regulations and orde…

The administrative procedure involved in the adoption of any rules or regulations, or the issuance of any orders, by the commission under the provisions of this chapter must be in accordance with the provisions of chapter 38-08 governing the procedure in the administration of the…

The provisions of sections 38-08-16 and 38-08-17 are applicable to the provisions of this chapter and to the rules, regulations, and orders of the commission promulgated hereunder.

In this chapter, unless the context or subject matter otherwise requires: 1. "Affected land" means the area of land from which overburden is removed as the result of a surface mining operation or upon which overburden or refuse is deposited as the result of a surface mining opera…

Any surface mining operator conducting a gravel or sand surface mining operation on land in this state owned by another person, upon completion or abandonment of the surface mining operation, shall reclaim the affected land. Each surface mining operator shall negotiate with the l…

Except as provided for in section 38-16-06, no person may conduct a surface mining operation without complying with the reporting requirements of this chapter. Any person conducting a number of operations, each of which, within one calendar year, results in the removal of less th…

Any person conducting a surface mining operation shall file with the committee a report on each surface mining operation conducted during the calendar year. The report must be filed on or before December thirty-first of each year in which the surface mining operation is conducted…

The committee has the power to: 1. Exercise general supervision and administration and enforcement of this chapter. 2. Encourage and conduct training, research, experiments, and demonstrations, and to collect and disseminate information relating to surface mining operations and r…

The committee shall prepare and transmit to local soil conservation districts, on or before June thirtieth of each year, a report giving information about surface mining operations and reclamation activities conducted in the soil conservation districts during the preceding calend…

The reporting requirements of this chapter do not apply to a surface mining operation which is subject to a requirement by a department or agency of the state that the person conducting the surface mining operation obtain a written release from the landowner approving the conditi…

This chapter must be known as the North Dakota Coal Leasing Practices Act.

It is the intent of the legislative assembly of the state of North Dakota to exercise the legitimate police power of the state in order to protect the economic welfare of the citizens who rely for their livelihood on agricultural production and thereby protect the agricultural ec…

In this chapter, unless the context or subject matter otherwise requires: 1. "Advance royalty" means the offset contemplated which would allow payments for rent, bonuses, and damages under the terms of the lease to be deducted from the amount of the royalty due to the lessor when…

1. Any trust or escrow document relating to a coal lease, or any sight draft or other negotiable or non-negotiable instrument given as full or partial consideration for a coal lease, may authorize the first party to the document or instrument to reject the lease or refuse to hono…

No coal lease executed after April 9, 1975, is valid for a primary term of more than twenty years, unless operations for mining are taking place on the leased land within the primary term, or the land is subject to a valid mining permit, and for so long thereafter as coal is regu…

All advance royalty provisions contained in coal leases executed after April 9, 1975, must be specially explained to the lessor before the lessor executes the lease. The lessor shall execute an acknowledgment indicating the lessor's knowledge of the presence of the advance royalt…

The terms of a coal lease regulated by this chapter are hereby declared to be absolute and unwaivable by either party to the coal lease or to the mineral agreement, regardless of lease terms to the contrary. Any instrument which purports to waive the terms specified in this chapt…

This chapter must be known as the Surface Owner Protection Act.

1. The legislative assembly finds that it is necessary to exercise the police power of the state as described in this chapter to protect the public welfare of North Dakota which is largely dependent on agriculture and to protect the economic well-being of individuals engaged in a…

It is the purpose of this chapter to provide the maximum amount of constitutionally permissible protection to surface owners from the undesirable effects of development, without their consent, of minerals underlying their surface. This chapter is to be interpreted in light of the…

This chapter applies to and places requirements on the holder of the mineral estate, on the mineral developer, and on the public service commission regardless of the means used to separate the mineral estate from the surface estate.