38-11 Lease of Minerals on Public Lands
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<![CDATA[CHAPTER 38-11LEASE OF MINERALS ON PUBLIC LANDS38-11-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Agency" means and includes any department, agency, instrumentality, or political<br>subdivision of the state of North Dakota.2."Mineral" means and includes any valuable inert or lifeless substance formed or<br>deposited in its present position through natural agencies, and which is found within<br>the earth or beneath the soil, except that it does not mean oil or gas, topsoil, or<br>surface rocks.3."State" means and includes the state of North Dakota, its departments, agencies,<br>instrumentalities, and political subdivisions.38-11-02.Leases of certain mineral rights in state lands.The state may issueprospecting permits or issue leases for the purpose of prospecting for and mining minerals<br>contained in any portion of lands owned by this state or that may be contained in state lands sold<br>with a reservation of mineral deposits.38-11-02.1. Board of university and school lands to oversee all mineral leasing.The board of university and school lands shall supervise the issuance of all prospecting permits<br>and leases for the exploration and mining of state-owned minerals. Any agency of the state that<br>desires to issue mineral prospecting permits or mineral leases shall do so in accordance with the<br>standards, terms, conditions, policies, rules, and regulations promulgated by the board of<br>university and school lands.The board of university and school lands does not have theauthority to mandate or to prohibit mineral leasing or mineral prospecting on lands not under its<br>immediate control, but it has authority to establish standards, policies, terms, conditions, rules,<br>and regulations for such activity.38-11-02.2. Authority of the board. The authority given the board of university andschool 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<br>leasing.2.The setting of minimum bonuses, minimum delay rentals, and minimum royalties.3.The setting of terms and conditions relating to prospecting, mining, surface<br>damages, and reclamation.4.The method and manner of negotiations or sales for leasing or prospecting.38-11-02.3. Authority of other agencies. Any agency has the following authority overlands 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 mineral prospecting permits or mineral leases in<br>addition to those of the board of university and school lands.4.To conduct its own mineral prospecting and mineral leasing negotiations or sales in<br>accordance with the standards, policies, terms, conditions, rules, and regulations of<br>the board of university and school lands.Page No. 138-11-02.4. Agencies may contract with board. An agency may contract with theboard of university and school lands for the purpose of conducting the mineral prospecting or<br>mineral leasing negotiations or sale on behalf of the agency. The board may collect such costs<br>as the agency and the board might agree as consideration for conducting the negotiations or<br>sale.38-11-03. Terms of lease - Ratification - Restoration of land. Repealed by S.L. 1977,ch. 322, </p>
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