Section 45-6C-1 – Citation of chapter.
45-6C-1. Citation of chapter. This chapter may be cited as the “South Dakota Mineral Exploration Act.” Source: SL 1982, ch 306, §1.
Section 45-6C-10 – Notice to Department of Game, Fish and Parks–Restrictions concerning riparian habitat.
45-6C-10. Notice to Department of Game, Fish and Parks–Restrictions concerning riparian habitat. Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the Department of Game, Fish and Parks of the area proposed for the exploration operation. The operator shall abide by any reasonable […]
Section 45-6C-11 – Notice to state archaeologist–Restrictions concerning site disturbances.
45-6C-11. Notice to state archaeologist–Restrictions concerning site disturbances. Upon receipt of a notice of intent to conduct an exploration operation, the Department of Agriculture and Natural Resources shall notify the state archaeologist of the Department of Education of the area proposed for the exploration operation. The operator shall abide by any restrictions concerning site disturbances […]
Section 45-6C-12 – Water rights or water pollution control restrictions.
45-6C-12. Water rights or water pollution control restrictions. The operator shall abide by any restrictions regarding water rights or water pollution control as notified, in writing, by the Department of Agriculture and Natural Resources within thirty days of the filing of the notice. Source: SL 1982, ch 306, §12; SL 2021, ch 1 (Ex. Ord. […]
Section 45-6C-13 – Time for commencement of exploration operation.
45-6C-13. Time for commencement of exploration operation. The operator may commence the exploration operation thirty days after filing the notice of intent or upon receipt of the written restrictions provided for in §§45-6C-10 to 45-6C-12, inclusive. Source: SL 1982, ch 306, §13.
Section 45-6C-14 – Confidential information and notice of intent protected–Violation as misdemeanor.
45-6C-14. Confidential information and notice of intent protected–Violation as misdemeanor. Information provided to the state agencies in the notice of intent to conduct an exploration shall be public information, except that the tentative test hole locations required by §45-6C-9 and the location of completed test holes are confidential for two years after the completion of […]
Section 45-6C-15 – Copies of intent and restrictions–Filing with county commissioners–Publication.
45-6C-15. Copies of intent and restrictions–Filing with county commissioners–Publication. The Department of Agriculture and Natural Resources, upon receipt of a notice of intent to conduct an exploration operation, shall immediately file a copy of such notice with the board of county commissioners of the affected county, along with any restrictions imposed by the Department of […]
Section 45-6C-16 – Consultation with surface owner–Preferences for reclamation and travel restrictions.
45-6C-16. Consultation with surface owner–Preferences for reclamation and travel restrictions. Before the operator may enter upon the surface of land proposed to be explored, the operator shall consult with the surface owner and person in possession of the surface, if other than the owner, and provide such persons with the opportunity to designate, in writing, […]
Section 45-6C-17 – Fee for notice of intent.
45-6C-17. Fee for notice of intent. A fee of two hundred fifty dollars shall accompany the notice of intent. Source: SL 1982, ch 306, §17.
Section 45-6C-18 – Domestic water wells–Information required of operator.
45-6C-18. Domestic water wells–Information required of operator. The Board of Minerals and Environment may require the operator to provide, prior to commencing or during the course of an exploration operation, water quality information concerning designated domestic water wells within one-half mile of the proposed exploration area. If the operator is refused access to any well, […]
Section 45-6C-19 – Inspection of area before exploration–Surety for costs of plugging test holes and reclamation.
45-6C-19. Inspection of area before exploration–Surety for costs of plugging test holes and reclamation. The Department of Agriculture and Natural Resources may inspect the area proposed to be explored. Based upon this inspection, the criteria established in §45-6C-20, and the submitted reclamation plan, the department shall set the level of the surety necessary to guarantee […]
Section 45-6C-2 – Legislative findings and policy.
45-6C-2. Legislative findings and policy. The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The exploration for and discovery of these minerals by means of drilling and other methods of detecting mineral deposits are necessary for the economic development of the state […]
Section 45-6C-20 – Criteria for determining amount of surety.
45-6C-20. Criteria for determining amount of surety. Criteria which shall be considered to determine the amount of surety necessary to guarantee the costs of reclamation of affected public and private lands and facilities include: (1)Potential damages to unique and natural historical sites, springs, natural or man-made water storage and transport facilities, domestic and public water […]
Section 45-6C-21 – Surety bond–Surety other than bond–Considerations by board.
45-6C-21. Surety bond–Surety other than bond–Considerations by board. In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, […]
Section 45-6C-22 – Cash or securities in lieu of surety.
45-6C-22. Cash or securities in lieu of surety. In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in §45-6C-23. Source: SL 1982, ch 306, §22.
Section 45-6C-23 – Surety payable to state–Conditions required.
45-6C-23. Surety payable to state–Conditions required. The surety provided for by §45-6C-19 shall be payable to the State of South Dakota and conditioned upon the operator’s faithful performance of all requirements of this chapter. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety […]
Section 45-6C-24 – Surety liability continues until released.
45-6C-24. Surety liability continues until released. Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation. Source: SL 1982, ch 306, §24.
Section 45-6C-25 – Surety penalty–Amount.
45-6C-25. Surety penalty–Amount. The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging ten percent of the proposed test holes and reclamation as determined pursuant to §45-6C-23. Source: SL 1982, ch 306, §25.
Section 45-6C-26 – Exploration operations–Applicable laws.
45-6C-26. Exploration operations–Applicable laws. Every operator who files notice of intent to conduct an exploration operation may engage in the exploration operation upon the affected lands described in the notice of intent to conduct an exploration operation, upon the performance of and subject to §§45-6C-27 to 45-6C-34, inclusive, with respect to such lands. Source: SL […]
Section 45-6C-27 – Explosives.
45-6C-27. Explosives. No exploration operations involving the use of explosives may be conducted within one-quarter mile of a flowing water well or a domestic water well unless permission is granted, in writing, by the owner of such well. An operator violating this section is strictly liable for any damage to such water well. The owner […]