38-12.1-04. Jurisdiction of commission
The commission has jurisdiction and authority over all persons and property, both public and
private, necessary to effectively enforce the provisions of this chapter. The director of mineral
resources shall act as a supervisor charged with the duty of enforcing the regulations and
orders of the commission applicable to the provisions of this chapter. The commission has
authority to make such investigations as it deems proper to determine whether facts exist which
justify action by the commission. The commission acting through the director of mineral
resources has the authority:
1. To require:
a. The furnishing of a reasonable bond with good and sufficient surety, conditioned
upon the full compliance with the provisions of this chapter, and the rules and
orders of the commission prescribed to govern the exploration for coal or
commercial leonardite on state and private lands and roads used in coal or
commercial leonardite exploration within the state of North Dakota. The person
required to furnish the bond may elect to deposit a collateral bond, self-bond,
cash, or any alternative form of security approved by the commission, or
combination thereof, by which a permittee assures faithful performance of all
requirements of this chapter and the rules and orders of the industrial
commission.
b. The delivery, free of charge, to the state geologist of the basic data collected
during the course of the exploration within a reasonable time as may be
prescribed by the state geologist. The data so submitted is confidential and
available only to the office of the state geologist for official purposes for a period
of two years, and such period of confidentiality must, upon application, be
extended for one-year periods by the state geologist, for a total period not to
exceed ten years unless it is demonstrated that such period should be further
extended in order to prevent possible resulting harm to the person, or the
person's successors and assigns, who delivered such basic data to the state
geologist. The basic data must include, if specifically requested by the state
geologist and if the information has been developed by or for a person conducting
the exploration:
(1) Sample cuts.
(2) Drillers' logs, sample logs, radioactivity logs, resistivity logs, or other types of
electrical or mechanical logs.
(3) Elevation and location information on the data collection points.
(4) Other pertinent information as may be required by the state geologist.
2. To require the plugging, covering, or reburial in an appropriate manner so as to protect
environmental quality, general health and safety, and economic values of all holes,
pits, or trenches excavated during the course of coal or commercial leonardite
exploration.
3. To promulgate and enforce rules, regulations, and orders to effectuate the provisions,
purpose, and intent of this chapter.
4. To inspect all drilling or exploration sites. For the purposes of this subsection, the
director of mineral resources or the director's representative shall have access to all
drilling or exploration installations regulated by this chapter for the purpose of
inspection and sampling and shall have the authority to require the operators' aid if the
director finds it necessary and requests it.
5. Notwithstanding any of the other provisions of this section, the commission acting
through the director of mineral resources shall require that any lands substantially
disturbed in coal or commercial leonardite exploration, including excavations, roads,
and drill holes, and the removal of necessary facilities and equipment be reclaimed in
accordance with the applicable performance standards of section 38-14.1-24.
Reclamation must be accomplished to protect environmental quality, general health
and safety, and economic values.
