§ 38-12.1-03 — Definitions

North Dakota § 38-12.1-03

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-12.1: Exploration Data

Text

As used in this chapter, unless the context otherwise requires:
1. "Coal" means a dark-colored, compact, and earthy organic rock with less than forty
percent inorganic components, based on dry material, formed by the accumulation and
decomposition of plant material. The term includes lignite in both oxidized and
nonoxidized forms, whether or not the material is enriched in radioactive materials.
The term does not include commercial leonardite.
2. "Coal exploration" means:
a. The use of any technique which when applied to the surface of the land will aid in
the discovery or evaluation of coal or commercial leonardite or aid in determining
the quantity and quality of coal or commercial leonardite present. It includes
drilling or digging, excavating, core sample drilling and collection, diamond
drilling, trenching, or any other type of penetration of the surface of the earth; or
b. Environmental data gathering activities conducted for the purpose of establishing
the conditions of an area prior to applying for a permit under chapter 38-14.1. The
provisions of sections 38-12.1-04 and 38-12.1-05 are not applicable to such
environmental data gathering activities unless the natural land surface will be
substantially disturbed or such activities are located on lands designated
unsuitable for mining under section 38-14.1-05.
3. "Commercial leonardite" means a dark-colored, soft, earthy rock formed from the
oxidation of lignite coal, and is produced from a mine that has as its only function for
supply for purposes other than gasification or combustion to generate electricity.
4. "Commission" means the industrial commission of the state of North Dakota.
5. "Permit area" means a county.
6. "Person" means and includes any natural person, corporation, limited liability
company, association, partnership, receiver, trustee, executor, administrator, guardian,
fiduciary, or other representative of any kind, and includes any department, agency, or
instrumentality of the state or of any governmental subdivision thereof; the masculine
gender, in referring to a person, includes the feminine and the neuter genders.
7. "Road" means a surface or right of way for purposes of travel by land vehicles used in
coal or commercial leonardite exploration. A road consists of the entire area of the right

of way, including the roadbed, shoulders, parking and side areas, approaches,
structures, ditches, and surface.