§ 45-6C-1 Citation of chapter
§ 45-6C-2 Legislative findings and policy
§ 45-6C-3 Definition of terms
§ 45-6C-4 Permit or surety not required by governmental office or political subdivision of state
§ 45-6C-5 Compliance with public land laws and this chapter
§ 45-6C-6 Notice of intent to conduct exploration operation–Items comprising notice
§ 45-6C-7 Notice form–Contents
§ 45-6C-8 Plan of reclamation–Contents
§ 45-6C-9 Map of exploration area
§ 45-6C-10 Notice to Department of Game, Fish and Parks–Restrictions concerning riparian habitat
§ 45-6C-11 Notice to state archaeologist–Restrictions concerning site disturbances
§ 45-6C-12 Water rights or water pollution control restrictions
§ 45-6C-13 Time for commencement of exploration operation
§ 45-6C-14 Confidential information and notice of intent protected–Violation as misdemeanor
§ 45-6C-15 Copies of intent and restrictions–Filing with county commissioners–Publication
§ 45-6C-16 Consultation with surface owner–Preferences for reclamation and travel restrictions
§ 45-6C-17 Fee for notice of intent
§ 45-6C-18 Domestic water wells–Information required of operator
§ 45-6C-19 Inspection of area before exploration–Surety for costs of plugging test holes and reclamation
§ 45-6C-20 Criteria for determining amount of surety
§ 45-6C-21 Surety bond–Surety other than bond–Considerations by board
§ 45-6C-22 Cash or securities in lieu of surety
§ 45-6C-23 Surety payable to state–Conditions required
§ 45-6C-24 Surety liability continues until released
§ 45-6C-25 Surety penalty–Amount
§ 45-6C-26 Exploration operations–Applicable laws
§ 45-6C-27 Explosives
§ 45-6C-28 Capping, sealing, and plugging of test holes–Temporary delay
§ 45-6C-29 Capping, sealing, and plugging test holes–Rules
§ 45-6C-31 Test holes used for water wells
§ 45-6C-32 Roads and trails
§ 45-6C-33 Restoration of drill sites and affected land
§ 45-6C-34 Penetration of aquifer–Notice to board
§ 45-6C-35 Penetration of aquifer–Report required
§ 45-6C-36 Violation–Notice to operator
§ 45-6C-37 Violation–Cease and desist order
§ 45-6C-38 Violation–Hearing
§ 45-6C-39 Violation–Suspension of operations
§ 45-6C-40 Violation–Action for temporary restraining order or injunction
§ 45-6C-41 Violation–Forfeiture of surety–Proceedings by attorney general
§ 45-6C-42 Violation–Forfeiture of surety–Reclamation of land by board
§ 45-6C-43 Fees deposited in environment and natural resources fee fund–Proceeds of forfeiture of surety deposited in special revenue fund
§ 45-6C-44 Operator currently in violation–Filing notice of intent prohibited
§ 45-6C-45 Violation–Civil penalty–Liability for damages to environment
§ 45-6C-46 Refusal of access or interference with inspection as violation
§ 45-6C-47 Jurisdiction and authority of board–Employment of personnel–Legal services provided by attorney general
§ 45-6C-48 Assistance provided by other departments and agencies
§ 45-6C-49 General powers of board
§ 45-6C-51 Exemption of educational and recreational activities
§ 45-6C-52 Annual report of activities conducted under notice of intent–Information to be included
§ 45-6C-53 Transfer of notice of intent
§ 45-6C-54 Publication of application for a transfer of notice of intent–Contents
§ 45-6C-55 Confidentiality period of certain mineral exploration reports

Terms Used In South Dakota Codified Laws > Title 45 > Chapter 6C

  • Affected land: the surface area, surface water, and groundwater disturbed by reason of the building of access roads or trails, leveling drill sites, storage areas, containment ponds, or other support facilities for the purpose of exploration, including the land affected by surface subsidence. See South Dakota Codified Laws 45-6C-3
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Aquifer: a water bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs. See South Dakota Codified Laws 45-6C-3
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: the Board of Minerals and Environment. See South Dakota Codified Laws 45-6C-3
  • Corporate surety: a corporation acting as surety for a principal obligor, and which corporation is duly authorized under the laws of this state to transact business which involves acting as such surety. See South Dakota Codified Laws 2-14-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: the period from midnight to midnight. See South Dakota Codified Laws 2-14-2
  • Department: the Department of Environment and Natural Resources. See South Dakota Codified Laws 45-6C-3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exploration operation: the act of searching for or investigating a mineral deposit, including sinking shafts, tunneling, drilling test holes, digging pits or cuts, or other works for the purpose of extracting samples, including bulk samples, prior to commencement of development or extraction operations, and test facilities to prove the commercial grade of a mineralized deposit. See South Dakota Codified Laws 45-6C-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mineral: any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding uranium and water. See South Dakota Codified Laws 45-6C-3
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: a calendar month. See South Dakota Codified Laws 2-14-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: any person, firm, partnership, limited liability company, association or corporation, or any department, division, or agency of federal, state, county, or municipal government engaged in or controlling a mineral exploration operation. See South Dakota Codified Laws 45-6C-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Reclamation: the employment during and after an exploration operation of procedures reasonably designed to minimize the disruption from the exploration operation and to provide for the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such explored land. See South Dakota Codified Laws 45-6C-3
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Test hole: a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of mineral, mineral resource, ore, coal, or rock unit, or to obtain geological or geophysical information or other subsurface data, including holes drilled for purposes of seismic survey, but excluding drilling in conjunction with mining or quarry operations and structural foundations and oil and gas wells regulated pursuant to chapter 45-9. See South Dakota Codified Laws 45-6C-3
  • Writing: and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • Year: a calendar year. See South Dakota Codified Laws 2-14-2