Section 45-6D-1 – Citation of chapter.
45-6D-1. Citation of chapter. This chapter may be cited as the “South Dakota Uranium Exploration Act.” Source: SL 1982, ch 307, §1.
Section 45-6D-10 – Map of permit area.
45-6D-10. Map of permit area. The applicant shall submit with the application a map, topographic map if available, of the proposed permit area and of the adjacent one-half mile area surrounding the proposed permit area. The map shall identify the location of all known natural springs, lakes, ponds, reservoirs, water pipelines, earthen dams, private and […]
Section 45-6D-11 – Copy of application filed with register of deeds–Public inspection.
45-6D-11. Copy of application filed with register of deeds–Public inspection. The applicant shall file a copy of the application required by §45-6D-6 with the register of deeds in each county within which the uranium exploration operation is intended to be located. The register of deeds shall make the application available to public inspection for seventy-five […]
Section 45-6D-12 – Notice of application–Publication.
45-6D-12. Notice of application–Publication. The applicant shall cause notice of the filing of his application to be published in a newspaper of general circulation in the locality of the proposed uranium exploration operation once a week for two consecutive weeks, commencing not more than ten days after the filing of his application with the Board […]
Section 45-6D-13 – Notice to Department of Game, Fish and Parks–Restrictions concerning riparian habitat.
45-6D-13. Notice to Department of Game, Fish and Parks–Restrictions concerning riparian habitat. The Board of Minerals and Environment shall notify the Department of Game, Fish and Parks of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning riparian habitat or threatened […]
Section 45-6D-14 – Notice to state archaeologist–Restrictions concerning site disturbances.
45-6D-14. Notice to state archaeologist–Restrictions concerning site disturbances. The Board of Minerals and Environment shall notify the state archaeologist of the Department of Education of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning site disturbances as notified, in writing, by […]
Section 45-6D-15 – Confidential information in application protected–Violation as misdemeanor.
45-6D-15. Confidential information in application protected–Violation as misdemeanor. Information provided to the Board of Minerals and Environment in an application for an exploration operation permit relating to the location of test holes and marked confidential by the operator shall be protected as confidential information by the board and not be a matter of public record […]
Section 45-6D-16 – Consultation with surface owner–Restrictions of owner.
45-6D-16. Consultation with surface owner–Restrictions of owner. During the preparation of the reclamation plan required by §45-6D-8, the applicant 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, preferences for the reclamation of the affected […]
Section 45-6D-17 – Domestic water wells–Information required of operator.
45-6D-17. Domestic water wells–Information required of operator. The Board of Minerals and Environment may require the operator, prior to commencing a uranium exploration operation, to provide water quality information concerning designated domestic water wells within the proposed permit area or within one-half mile of the proposed permit area. If the operator is refused access to […]
Section 45-6D-18 – Fee for application.
45-6D-18. Fee for application. The application fee for a uranium exploration operation permit is five hundred dollars and shall accompany the application. Source: SL 1982, ch 307, §18.
Section 45-6D-19 – Inspection of area prior to issuance or renewal of permit–Surety for costs of plugging test holes and reclamation.
45-6D-19. Inspection of area prior to issuance or renewal of permit–Surety for costs of plugging test holes and reclamation. Prior to the issuance of a uranium exploration operation permit or renewal of a uranium exploration operation permit the Board of Minerals and Environment shall cause an inspection to be made of the area proposed to […]
Section 45-6D-2 – Legislative findings and policy.
45-6D-2. Legislative findings and policy. The relatively unknown and as yet largely undeveloped uranium resources of this state consist in major proportion of uranium below the surface. The exploration for and discovery of uranium by means of drilling and other methods of detecting such deposits are important to the economic development of the state and […]
Section 45-6D-20 – Criteria for determining amount of surety.
45-6D-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 […]
Section 45-6D-21 – Surety bond–Surety other than bond–Considerations by board.
45-6D-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 45-6D-22 – Cash or securities in lieu of surety.
45-6D-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 §45-6D-23. Source: SL 1982, ch 307, §22.
Section 45-6D-23 – Surety payable to state–Conditions required.
45-6D-23. Surety payable to state–Conditions required. The surety provided for by §45-6D-19 shall be payable to the State of South Dakota and conditioned upon the operator’s faithful performance of all requirements of this chapter and comply with the terms of the test hole plugging and reclamation plans approved by the Board of Minerals and Environment. […]
Section 45-6D-24 – Surety liability continues until released.
45-6D-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 307, §24.
Section 45-6D-25 – Surety penalty–Amount.
45-6D-25. Surety penalty–Amount. The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging all of the proposed test holes and reclamation as determined pursuant to §45-6D-19. Source: SL 1982, ch 307, §25; SL 2006, ch 224, §2.
Section 45-6D-26 – Objections–Statements in support of application–Notice and hearing.
45-6D-26. Objections–Statements in support of application–Notice and hearing. Any person may file written objections to or statements in support of an application for a uranium exploration operation permit with the Board of Minerals and Environment. The material for intervention shall be filed with the board not more than twenty days after the date of last […]
Section 45-6D-27 – County request for hearing on application.
45-6D-27. County request for hearing on application. The board of county commissioners of a county containing affected land may request that the hearing on the application for a uranium exploration operation permit be held in that county. Such request shall be filed with the Board of Minerals and Environment not more than twenty days after […]