§ 38-18-08 — Financial obligation to reclaim

1. It is hereby declared to be the financial obligation of the mineral developer to pay the
entire cost of the surface reclamation necessitated by that developer's mining
operation. This obligation is in no way limited by the amount of the bond required of an
"operator" by chapter 38-14.1.
2. If a mineral developer fails to begin reclamation of the land disturbed by a mining
operation within one year after the completion of the mining operation in accordance
with the plan submitted to the public service commission pursuant to chapter 38-14.1
and regulations promulgated thereunder, the surface owner may notify the public
service commission, which commission shall take all of the necessary action lawfully
authorized to obtain complete compliance with the reclamation plan.
3. An action at law may be maintained to recover sums due to the surface owner under
this section and under section 38-18-07. The surface owner must be awarded
reasonable attorney's fees for the maintenance of the action in addition to any other
sums determined to be due to the surface owner.