Title 38, Mining and Gas and Oil Production

1. Any person having an interest which is or may be adversely affected may commence a civil action on the person's own behalf to compel compliance with this chapter, or any regulation, order, or permit issued pursuant to this chapter: a. Against any person or any governmental ins…

Chapter 28-32 applies to this chapter, except as otherwise provided in specific provisions of this chapter. The commission may promulgate regulations with respect to the administration of this chapter under chapter 28-32 except that if the commission determines that an emergency …

The commission shall have the authority to cooperate with and receive technical and financial assistance from the United States, any state, or any department, agency, or officer thereof, and to file such reports and promulgate regulations as required by federal law for any purpos…

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…

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, …

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 …

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…

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…

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 …

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…

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…

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…

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…

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.

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 …

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…

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…

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 …

In this chapter: 1. "Bond" means a bond required of a permittee under chapter 38-14.1. 2. "Fund" means the surface coal mining and reclamation bond fund. 3. "Permit" means a surface coal mining and reclamation operation permit approved by the public service commission under chapt…

The industrial commission may establish a surface coal mining and reclamation bond fund to be maintained at the Bank of North Dakota. All moneys collected and received under this chapter are appropriated to the commission for the purposes provided for in this chapter.

The fund may provide bonds for the faithful performance of all surface coal mining laws, rules, and permit terms and conditions. An application for a bond may be made to the industrial commission, which shall approve or disapprove the application. The decision of the industrial c…

Investment of the fund is under the supervision of the Bank of North Dakota.

The industrial commission may employ staff and enter into public and private contracts as may be necessary to operate the fund. The salaries of employees and other expenditures for the operation of the fund must be paid out of the fund.

The premium for a bond under this chapter must be set by the industrial commission. Premiums must be paid in advance to the industrial commission and deposited in the fund.

The industrial commission shall do all things necessary to preserve the fund and ensure the ability of the fund to pay claims. The industrial commission is granted all powers necessary to effectuate the purposes of this chapter, including but not limited to the power to: 1. Contr…

All claims against bonds provided for by this chapter must be paid out of the fund in an amount not exceeding the face amount of the bond.

The industrial commission may adopt rules necessary to carry out this chapter.

In this chapter, unless context or subject matter otherwise requires, "mineral interest" includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, reservation, or otherwise owned by a perso…

Any mineral interest is, if unused for a period of twenty years immediately preceding the first publication of the notice required by section 38-18.1-06, deemed to be abandoned, unless a statement of claim is recorded in accordance with section 38-18.1-04. Title to the abandoned …

1. A mineral interest is deemed to be used when: a. There are any minerals produced under that interest. b. Operations are being conducted thereon for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances. c. In the case of solid minerals, there is …

The statement of claim provided for in section 38-18.1-02 must: 1. Be recorded by the owner of the mineral interest or the owner's representative prior to the end of the twenty-year period set forth in section 38-18.1-02. A joint tenant, but not a tenant in common, may record a c…

Failure to record the statement of claim within the time period provided in section 38-18.1-04 will not cause a mineral interest to be extinguished if: 1. The owner of record of the mineral interest satisfies either one of the following requirements within sixty days after first …

1. The owner or owners of the surface estate in the land in or under which the mineral interest is located intending to succeed to the ownership of a mineral interest upon its lapse shall give notice of the lapse of the mineral interest by publication. 2. The publication provided…

1. Upon completion of the procedure provided in section 38-18.1-06, the owner or owners of the surface estate may maintain an action in district court in the county in which the minerals are located and obtain a judgment in quiet title in the owner or owners of the surface estate…

The provisions of this chapter may not be waived at any time prior to the expiration of the twenty-year period provided in section 38-18.1-02.

This chapter does not apply to any mineral interest owned by any governmental body or agency thereof and this chapter is both prospective and retrospective in its application.