North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-05.3 - Abandoned Mine Land Reclamation
Chapter 69-05.3-01 - Abandoned Mine Land Reclamation
Section 69-05.3-01-14 - Disposition of acquired lands

Universal Citation: ND Admin Code ยง 69-05.3-01-14

Current through Supplement No. 394, October, 2024

1. Prior to the disposition of any land acquired under North Dakota Century Code section 38-14.2-10, the commission shall:

a. Publish a notice which describes the proposed disposition of the land in the official newspaper of each county and in other daily newspapers of general circulation in each county wherein the land lies once a week for four successive weeks.
(1) The notice shall provide at least thirty days for public comment and state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments on the plans should be submitted.

(2) The notice shall also state that a public hearing will be held if requested by any person.

b. Hold a public hearing if requested as a result of the public notice.
(1) The commission may determine that a hearing is appropriate even if a request is not received.

(2) The hearing shall be scheduled at a time and place that affords local citizens and governments the maximum opportunity to participate.

(3) The time and place of the hearing shall be advertised in the official newspaper in each county and in other daily newspapers of general circulation in each county wherein the land lies at least thirty days before the hearing.

(4) All comments received at the hearing shall be recorded.

c. Make a written finding that the proposed disposition is appropriate considering all comments received and consistent with any local, state, or federal laws or regulations which apply.

2. The commission may transfer, with the approval of the director of the office of surface mining reclamation and enforcement, United States department of the interior, the administrative responsibility for land acquired under North Dakota Century Code section 38-14.2-10 to any agency or political subdivision of the state of North Dakota, with or without cost to that agency or political subdivision. The agreement, including amendments, under which a transfer is made shall specify:

a. The purposes for which the land may be used; and

b. That the administrative responsibility for the land will revert to the commission if, at any time in the future, the land is not used for the purposes specified.

3. The commission may, with approval by the director of the office of surface mining reclamation and enforcement, United States department of the interior, transfer title to abandoned and unreclaimed land to the United States to be reclaimed and administered by the office of surface mining reclamation and enforcement.

a. The commission shall have a preference right to purchase such land from the office of surface mining reclamation and enforcement after reclamation is completed.

b. The price to be paid by the commission shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the commission.

4. The commission, with the approval of the director of the office of surface mining reclamation and enforcement, United States department of the interior, may sell land acquired under North Dakota Century Code section 38-14.2-10 by public sale if such land is suitable for industrial, commercial, residential, or recreational development and if such development is consistent with local or state land use plans, if any, for the area in which the land is located.

5. Land may be sold by public sale by the commission pursuant to North Dakota Century Code section 38-14.2-12 only if it is found that retention by the commission, or disposal under other subsections of this section, is not in the public interest.

6. All moneys received from disposal of land under this section shall be deposited in the state abandoned mine reclamation fund.

General Authority: NDCC 38-14.2-03

Law Implemented: NDCC 38-14.2-12, 38-14.2-13

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.