§ 4.1-20-49 — Soil conservation trust lands

The state of North Dakota holds in trust for use by the soil conservation districts of the state
for the soil conservation program the property in Burleigh County described as follows:
Township one hundred thirty-eight north, range eighty west, fifth principal meridian:
west one-half of section fifteen and that portion of the southeast quarter of section sixteen
described as follows: beginning at the southeast corner of said section sixteen, thence
running north on the east line of said section six hundred sixty feet [201.17 meters]; thence
west parallel with the south line of said section two thousand three hundred ten feet [704.09
meters]; thence south six hundred sixty feet [201.17 meters] to a point on the south line of
said section two thousand three hundred ten feet [704.09 meters] west of the southeast
corner of said section; thence east along the south line of said section two thousand three
hundred ten feet [704.09 meters] to the place of beginning; containing thirty-five acres
[14.16 hectares], more or less.
Subject, however, to the following rights, easements, exceptions, and reservations:
1. Easements for existing or established roads, highways, and public utilities, if any.
2. Right reserved by the Department of the Army "to enter thereon and remove gravel
and use the established rubbish disposal area as long as any part of Fort Lincoln
Military Reservation is used by the Department of the Army".
3. Reservation to the United States of America and its assigns of an undivided
three-fourths interest in all coal, oil, gas, and other minerals, including three-fourths of
all sand, gravel, stone, clay and similar materials, in or under the property, together
with the usual mining rights, powers, and privileges, including the right at any and all
times, to enter upon the land and use those parts of the surface as may be necessary
in prospecting for, mining, saving and removing the minerals or materials, provided the
quantities of sand, gravel, stone, clay and similar materials, as may be required, may
be utilized in the operation or improvement of the lands.
The lands, having been conveyed to the state of North Dakota by the United States of
America for use in carrying out the soil conservation program of the soil conservation districts of
the state, are further subject to the condition the land must be used for public purposes and if at
any time cease to be so used must revert to and become revested in the United States. Upon
approval by the United States of America in accordance with the original grant of the trust lands,
the trust lands may be leased, sold, conveyed, traded for, or replaced by other land suitable for
the benefit of the soil conservation program in this state. No lease, sale, conveyance, trade, or
replacement of the trust lands may be made under conditions that will cause or may cause the
reversion of the lands back to the United States of America.
The control, custody, possession, supervision, management, operation, and transfer of the
trust lands and any replacement lands is hereby vested in the North Dakota association of soil

conservation districts for use in carrying out the soil conservation program of the soil
conservation districts of the state and the association in such control, custody, possession,
supervision, management, operation, and transfer shall hold all accumulations of personal
property or surplus funds derived from said lands in trust for the soil conservation districts of the
state for use in carrying out the soil conservation program. Any transfer, sale, trade, or
replacement of trust lands is excepted from section 38-09-01, and the North Dakota association
of soil conservation districts may transfer all or a portion of the minerals held by the state or the
association which are located under the trust lands. Any funds generated through bonuses,
leases, royalties, or otherwise generated by minerals reserved by the association or funds
generated from the sale of minerals must be held in trust as provided in this section.