Title 45, MINING, OIL AND GAS

The Board of Minerals and Environment may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease and desist order; except that an earlier date for hearing may be requested by the alleged violator. If a hearing is held p…

Upon a determination, after hearing, that a violation of this chapter has occurred, the Board of Minerals and Environment may order the operator to suspend all exploration operations within the state. If the board issues such order, the operator may continue the exploration opera…

No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for exploration operations. Source: SL 1982, ch 306 , § 4.

The Board of Minerals and Environment may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of this chapter. Suits under this section shall be brought in t…

The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to § 45-6C-37 . Before making such request of the attorney general, the…

The Board of Minerals and Environment shall plug and reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited. Source: SL 1982, ch 306 , § 42.

All fees received by the Department of Agriculture and Natural Resources shall be deposited by the department in the environment and natural resources fee fund established pursuant to § 1-41-23 . The proceeds of any surety forfeiture proceedings conducted pursuant to § 45-6C-41 s…

Any operator who is currently found to be in violation of the provisions of this chapter with respect to any operation in this state may not file a notice of intent to conduct an exploration operation. The Department of Agriculture and Natural Resources shall return any such atte…

Any person who violates any provision of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day which such violation occurs, or is liable for damages to the environment of this state, or both…

It is a violation of this chapter to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials, requests entry for the purpose of inspection under this chapter; nor shall any person obstruct, ham…

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 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 local conservation districts shall furnish the Board of Minerals and Environment and its designees, as far as…

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 plugging and reclama…

All exploration operations on state owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter. Source: SL 1982, ch 306 , § 5.

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 geology, mineralogy, paleontology, treasure hunting, gold panning, archaeology, and no…

For each exploration notice of intent held by an operator, an annual report of activities conducted under the notice shall be submitted to the department by January first of each year. Any operator holding more than one notice may submit a single annual report describing activiti…

Any exploration notice of intent may be transferred. If one operator succeeds another at any uncompleted exploration operation, the successor operator shall make application for a transfer to the Board of Minerals and Environment. The board may not deny a transfer unless the oper…

The applicant shall cause notice of the filing of his application for a transfer to be published in a newspaper of general circulation in the locality of the proposed exploration operation within ten days after the application of transfer is received by the department. Such notic…

Any written geologic report, aquifer penetration report, map, test hole log, or other information relative to the geologic data, size, extent, or economic value of a mineral deposit filed with the state by a person who conducted a mineral exploration operation which was initiated…

Any person desiring to conduct an exploration operation shall file with the Department of Agriculture and Natural Resources a notice of intent to conduct an exploration operation on a form approved by the Board of Minerals and Environment. Each notice of intent shall be limited t…

The notice form shall contain: (1) The name of the operator who intends to conduct the mineral exploration operation; (2) The operator's address and principle place of business; (3) The name and address of the resident agent for the service of process on the operator; (4) A state…

The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include: (1) A descrip…

The applicant shall submit with the notice of intent a map, topographic map if available, of the proposed exploration area and of the adjacent one - half mile area surrounding the proposed exploration area. The map shall identify the location of all known natural springs, lakes, …

This chapter may be cited as the "South Dakota Uranium Exploration Act." Source: SL 1982, ch 307 , § 1.

The applicant shall submit with the application a map, topographic map if available, of the proposed permit area and of the adjacent one - half mile area surrounding the proposed permit area. The map shall identify the location of all known natural springs, lakes, ponds, reservoi…

The applicant shall file a copy of the application required by § 45-6D-6 with the register of deeds in each county within which the uranium exploration operation is intended to be located. The register of deeds shall make the application available to public inspection for seventy…

The applicant shall cause notice of the filing of his application to be published in a newspaper of general circulation in the locality of the proposed uranium exploration operation once a week for two consecutive weeks, commencing not more than ten days after the filing of his a…

The Board of Minerals and Environment shall notify the Department of Game, Fish and Parks of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning riparian habitat or th…

The Board of Minerals and Environment shall notify the state archaeologist of the Department of Education of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning site d…

Information provided to the Board of Minerals and Environment in an application for an exploration operation permit relating to the location of test holes and marked confidential by the operator shall be protected as confidential information by the board and not be a matter of pu…

During the preparation of the reclamation plan required by § 45-6D-8 , the applicant 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 for the …

The Board of Minerals and Environment may require the operator, prior to commencing a uranium exploration operation, to provide water quality information concerning designated domestic water wells within the proposed permit area or within one - half mile of the proposed permit ar…

The application fee for a uranium exploration operation permit is five hundred dollars and shall accompany the application. Source: SL 1982, ch 307 , § 18.

Prior to the issuance of a uranium exploration operation permit or renewal of a uranium exploration operation permit the Board of Minerals and Environment shall cause an inspection to be made of the area proposed to be explored. Based upon this inspection, the criteria establishe…

The relatively unknown and as yet largely undeveloped uranium resources of this state consist in major proportion of uranium below the surface. The exploration for and discovery of uranium by means of drilling and other methods of detecting such deposits are important to the econ…

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 § 45-6D-23 . Source: SL 1982, ch 307 , § 22.

The surety provided for by § 45-6D-19 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter and comply with the terms of the test hole plugging and reclamation plans approved by the Board of Mine…

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 307 , § 24.

The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging all of the proposed test holes and reclamation as determined pursuant to § 45-6D-19 . Source: SL 1982, ch 307 , § 25; SL 2006, ch 224 , § 2.

Any person may file written objections to or statements in support of an application for a uranium exploration operation permit with the Board of Minerals and Environment. The material for intervention shall be filed with the board not more than twenty days after the date of last…

The board of county commissioners of a county containing affected land may request that the hearing on the application for a uranium exploration operation permit be held in that county. Such request shall be filed with the Board of Minerals and Environment not more than twenty da…

Upon receipt of an application for a permit and all fees due from the operator, the Board of Minerals and Environment shall set a date for the hearing on such application not more than sixty days after the date of filing. Prior to the holding of such hearing, the board shall prov…

The Board of Minerals and Environment shall grant a permit to an operator if the application complies with the requirements of this chapter and all applicable local, state, and federal laws. The board may not deny a permit, except for one or more of the following reasons: (1) The…

Terms used in this chapter mean: (1) "Affected land," the surface area 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, including the land affected by…