Title 45, MINING, OIL AND GAS

The Board of Minerals and Environment shall carry out and administer the provisions of this chapter. The board has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter. The Department of Agriculture and …

The Board of Minerals and Environment may initiate and encourage studies and programs through the Department of Agriculture and Natural Resources and in other agencies and institutions of state government relating to the development of less destructive methods of mining operation…

The Department of Agriculture and Natural Resources, the Department of Game, Fish and Parks, the Department of Education, the commissioner of school and public lands, and soil conservation boards shall furnish the Board of Minerals and Environment and its designees, as far as pra…

The Board of Minerals and Environment may: (1) Administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing; (2) Accept gifts, contributions, federal grants - in - aid, or financial aid from any other source for accomplishing reclamation or imple…

The Board of Minerals and Environment may allocate funds from the reclamation fund created by section 30 of chapter 251 of the 1971 Session Laws. These funds may be used for the reclamation of previously affected lands. Source: SL 1983, ch 310 .

Any new or existing surface mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1971. The Board of Minerals and Environme…

Any person engaged in recreational, hobby, amateur, or field activities independently or sponsored by educational institutions or by organizations involved in earth science activities including, but not limited to, geology, mineralogy, paleontology, treasure hunting, gold panning…

The board may promulgate rules, pursuant to chapter 1-26 , to: (1) Establish the procedure for filing and departmental review of mining permit applications; (2) Establish the procedure for amending mining permits; (3) Establish the procedure for transfer of permits; (4) Provide f…

Nothing in this chapter relieves the holder of any large-scale gold or silver surface mining permit from any of the requirements of the Clean Air Act of 1955, as amended to January 1, 2011, the Clean Water Act of 1977, as amended to January 1, 2011, the South Dakota Air Quality A…

The board, by rules adopted in compliance with chapter 1-26 , shall provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a co…

Any new or existing underground mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1980. The Board of Minerals and Envir…

The operator shall prepare a detailed postclosure plan for a mining operation. The plan shall include, at a minimum, a description of the activities, methods, procedures, and processes necessary to ensure the continued effectiveness of reclamation measures and compliance with app…

The applicant shall, as part of the reclamation plan, include a description of all critical resources potentially affected by the mining operation and plans for mitigating potential impacts to such critical resources. Critical resources shall be addressed by the applicant during …

Any operator of a large-scale gold or silver surface mining operation shall submit an annual report by January first of each year including an oral presentation to the Board of Minerals and Environment explaining the information in the written annual report. The annual report sha…

The Legislature of South Dakota finds that protection of the environment requires regulation of the total amount of land that can be disturbed by surface mining by large - scale gold or silver surface mining operations at any given time. Source: Initiated Measure No. 2, approved …

The board may not issue a permit for a new large - scale gold or silver surface mining operation if the proposed surface mining disturbed lands under that permit shall exceed three hundred twenty acres. Nor may the board issue new permits or amendments to existing permits for new…

The board may not issue new permits to or amendments to existing permits for presently operating large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with § 45-6B-97 , except that …

New permits or amendments to existing permits for expanded acres of surface mining disturbed land for operations referred to in §§ 45-6B-95 and 45-6B-96 may be issued only if the applicant has performed reclamation on an equal number of acres of permitted affected land, or has ag…

The operator of an existing permitted large - scale gold or silver surface mining operation shall submit for board approval, a plan for conducting reclamation activities on lands to be reclaimed for reclamation acreage credit if those lands are not otherwise covered by an existin…

Presently operating or new underground mining operations are not subject to the provisions of §§ 45-6B-94 to 45-6B-99 , inclusive. Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992; SL 2011, ch 165 , § 210.

This chapter may be cited as the "South Dakota Mineral Exploration Act." Source: SL 1982, ch 306 , § 1.

Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the Department of Game, Fish and Parks of the area proposed for the exploration operation. The operator shall abide by any reasonable restricti…

Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the state archaeologist of the Department of Education of the area proposed for the exploration operation. The operator shall abide by any rest…

The operator shall abide by any restrictions regarding water rights or water pollution control as notified, in writing, by the Department of Agriculture and Natural Resources within thirty days of the filing of the notice. Source: SL 1982, ch 306 , § 12; SL 2021, ch 1 (Ex. Ord. 2…

The operator may commence the exploration operation upon receipt of the written restrictions provided for in §§ 45-6C-10 to 45-6C-12 , inclusive. The department may not issue written restrictions until the operator posts surety pursuant to § 45-6C-19 . Source: SL 1982, ch 306 , §…

Information provided to the state agencies in the notice of intent to conduct an exploration shall be public information, except that the tentative test hole locations required by § 45-6C-9 and the location of completed test holes are confidential for two years after the completi…

The Department of Agriculture and Natural Resources, upon receipt of a notice of intent to conduct an exploration operation, shall immediately file a copy of such notice with the board of county commissioners of the affected county, along with any restrictions imposed by the Depa…

Before the operator may enter upon the surface of land proposed to be explored, the operator shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, preferences …

A fee of two hundred fifty dollars shall accompany the notice of intent. Source: SL 1982, ch 306 , § 17.

The Board of Minerals and Environment may require the operator to provide, prior to commencing or during the course of an exploration operation, water quality information concerning designated domestic water wells within one - half mile of the proposed exploration area. If the op…

The department may inspect the area proposed to be explored. Based upon this inspection, the criteria established in § 45-6C-20 , and the submitted reclamation plan, the department shall set the level of the surety necessary to guarantee the costs of plugging all the proposed tes…

The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The exploration for and discovery of these minerals by means of drilling and other methods of detecting mineral deposits are necessary …

Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include: (1) Potential damages to unique and natural historical sites, springs, natural or man-made water stora…

In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such fact…

In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in § 45-6C-23 . Source: SL 1982, ch 306 , § 22.

The surety provided for by § 45-6C-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by …

Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation. Source: SL 1982, ch 306 , § 24.

The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging ten percent of the proposed test holes and reclamation as determined pursuant to § 45-6C-23 . Source: SL 1982, ch 306 , § 25.

Every operator who files notice of intent to conduct an exploration operation may engage in the exploration operation upon the affected lands described in the notice of intent to conduct an exploration operation, upon the performance of and subject to §§ 45-6C-27 to 45-6C-34 , in…

No exploration operations involving the use of explosives may be conducted within one - quarter mile of a flowing water well or a domestic water well unless permission is granted, in writing, by the owner of such well. An operator violating this section is strictly liable for any…

The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to tempo…

The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26 , to regulate the capping, sealing, and plugging of all test holes drilled pursuant to this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the …

Terms used in this chapter mean: (1) "Affected land," the surface area, surface water, and groundwater disturbed by reason of the building of access roads or trails, leveling drill sites, storage areas, containment ponds, or other support facilities for the purpose of exploration…

If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6 . Source: SL 1982, ch 306 , § 31.

The operator shall construct all roads and trails developed for the exploration project to minimize sedimentation and erosion by the placement of water bars and similar structures, road placement on the contour, revegetation of roadwork and embankment slopes, or by using other ne…

The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other acti…