CHAPTER 38-11 LEASE OF MINERALS ON PUBLIC LANDS 38-11-01. Definitions

In this chapter, unless the context or subject matter otherwise requires: 1

"Agency" means and includes any department, agency, instrumentality, or political subdivision of the state of North Dakota

"Mineral" means and includes any valuable inert or lifeless substance formed or deposited in its present position through natural agencies, and which is found within the earth or beneath the soil, except that it does not mean oil or gas, topsoil, or surface rocks

"State" means and includes the state of North Dakota, its departments, agencies, instrumentalities, and political subdivisions

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38-11-02. Leases of certain mineral rights in state lands

The state may issue prospecting permits or issue leases for the purpose of prospecting for and mining minerals contained in any portion of lands owned by this state or that may be contained in state lands sold 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 and leases for the exploration and mining of state-owned minerals. Any agency of the state that desires to issue mineral prospecting permits or mineral leases shall do so in accordance with the standards, terms, conditions, policies, rules, and regulations promulgated by the board of university and school lands. The board of university and school lands does not have the authority to mandate or to prohibit mineral leasing or mineral prospecting on lands not under its immediate control, but it has authority to establish standards, policies, terms, conditions, rules, and regulations for such activity

but is not limited to: 38-11-02.2. Authority of the board

The authority given the board of university and school lands by section 38-11-02.1 includes, 1

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The approval of all forms used by agencies for mineral prospecting and mineral leasing

The setting of minimum bonuses, minimum delay rentals, and minimum royalties

The setting of terms and conditions relating to prospecting, mining, surface damages, and reclamation

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 over lands under its immediate control: 1

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To designate lands as open or closed to mineral leasing or mineral prospecting

To finally approve or disapprove a mineral leasing or mineral prospecting offer

To attach special conditions to mineral prospecting permits or mineral leases in addition to those of the board of university and school lands

To conduct its own mineral prospecting and mineral leasing negotiations or sales in accordance with the standards, policies, terms, conditions, rules, and regulations of the board of university and school lands

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38-11-02.4. Agencies may contract with board

An agency may contract with the board of university and school lands for the purpose of conducting the mineral prospecting or mineral leasing negotiations or sale on behalf of the agency. The board may collect such costs as the agency and the board might agree as consideration for conducting the negotiations or sale

Page No. 1 38-11-03. Terms of lease - Ratification - Restoration of land

Repealed by S.L. 1977, ch. 322, § 9

38-11-04. Offering of mineral leases to be public

Prior to the execution of a mineral lease by any agency of the state of North Dakota, that agency owning or controlling the mineral interest shall first give notice in accordance with the rules of the board of university and school lands. The notice must contain the information required by the rules of the board of university and school lands and such other information as may be deemed by the leasing agency to be applicable. The leasing must be by public auction held at the time and place specified in the notice

38-11-05. Bidding or offers

Repealed by S.L. 1977, ch. 322, § 9

38-11-06. Leasing of islands and beds of navigable rivers and lakes

Repealed by S.L. 1977, ch. 322, § 9

38-11-07. Royalty scale

Repealed by S.L. 1977, ch. 322, § 9

38-11-08. Other royalty provisions

Repealed by S.L. 1977, ch. 322, § 9

38-11-09. Rejection of bids

Repealed by S.L. 1977, ch. 322, § 9

38-11-10. Rules and regulations

The board of university and school lands is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter and to provide such terms and conditions in leases upon state minerals as may be in the best interests of the state

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