§ 38-12-02 — Jurisdiction of commission

North Dakota § 38-12-02

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-12: Regulation, Development, and Production of Subsurface Minerals

Text

The commission has jurisdiction and authority over all persons and property, public and
private, necessary to enforce effectively the provisions of this chapter. Subject to the provisions
of section 38-08-21, 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 subsurface
mineral resources of this state and 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, development, and
production of subsurface minerals on state and private lands 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 exploration data
collected by the operator, within thirty days of field collection of such data. This
data must include:
(1) Sample cuts, core chips, or whole cores.
(2) 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 requested by the state geologist.
The data so submitted is confidential for a period of one year when so requested
by the operator and such period may be further extended upon approval by the
commission.
c. The filing of monthly production reports in the manner prescribed by the
commission and any other reports deemed necessary by the commission.
d. The conducting of all exploration, development, and production operations in
such a manner as to prevent pollution of freshwater supplies, to provide for the
protection of the environment and public safety, and to ensure the optimum
recovery of the mineral resource.
e. The reclamation of all land disturbed by operations regulated by this chapter to a
condition consistent with prior land use and productive capacity.
2. To regulate the drilling and abandonment of exploration test holes and producing wells
and all other exploration, development, production, and reclamation operations.
3. To promulgate and to enforce rules, regulations, and orders to effectuate the purposes
and the intent of this chapter.
4. To inspect all exploration, development, and production sites. For the purposes of this
subsection, the director of mineral resources or the director's representative shall have
access to all exploration, development, or production installations for purposes of
inspection and shall have the authority to require the operator's aid if it is necessary
and is requested.