45-6D-1      Citation of chapter.
45-6D-2      Legislative findings and policy.
45-6D-3      Definition of terms.
45-6D-4      Permit or surety not required by governmental office or political subdivision.
45-6D-5      Laws applicable to operations on state-owned land.
45-6D-6      Application for permit for exploration operations--Items comprising application.
45-6D-7      Application form--Contents.
45-6D-8      Reclamation plan required.
45-6D-9      Reclamation plan--Contents.
45-6D-10      Map of permit area.
45-6D-11      Copy of application filed with register of deeds--Public inspection.
45-6D-12      Notice of application--Publication.
45-6D-13      Notice to Department of Game, Fish and Parks--Restrictions concerning riparian habitat.
45-6D-14      Notice to state archaeologist--Restrictions concerning site disturbances.
45-6D-15      Confidential information in application protected--Violation as misdemeanor.
45-6D-16      Consultation with surface owner--Restrictions of owner.
45-6D-17      Domestic water wells--Information required of operator.
45-6D-18      Fee for application.
45-6D-19      Inspection of area prior to issuance or renewal of permit--Surety for costs of plugging test holes and reclamation.
45-6D-20      Criteria for determining amount of surety.
45-6D-21      Surety bond--Surety other than bond--Considerations by board.
45-6D-22      Cash or securities in lieu of surety.
45-6D-23      Surety payable to state--Conditions required.
45-6D-24      Surety liability continues until released.
45-6D-25      Surety penalty--Amount.
45-6D-26      Objections--Statements in support of application--Notice and hearing.
45-6D-27      County request for hearing on application.
45-6D-28      Hearing on application--Notice--Time for decision.
45-6D-29      Grant of permit if application in compliance with law--Grounds for denial.
45-6D-30      Term of permit--Triennial renewal.
45-6D-31      Notice to county commissioners of approval of or denial of permit or renewal.
45-6D-32      Exploration operations--Applicable laws.
45-6D-33      Capping, sealing, and plugging test holes--Temporary delay.
45-6D-34      Capping, sealing, and plugging test holes--Rules.
45-6D-35      Repealed.
45-6D-36      Test holes converted to water wells.
45-6D-37      Roads and trails.
45-6D-38      Restoration of drill sites and affected land.
45-6D-39      Penetration of aquifer--Notice to board.
45-6D-40      Penetration of aquifer--Report required.
45-6D-41      Geological conditions--Report required.
45-6D-42      Geological conditions reports confidential--Violation as misdemeanor.
45-6D-43      Renewal of permit--Information required.
45-6D-44      Renewal of permit--Notice of application.
45-6D-45      Renewal of permit--Confidentiality of required information.

45-6D-1. Citation of chapter.

This chapter may be cited as the "South Dakota Uranium Exploration Act."

Source: SL 1982, ch 307, § 1.

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 the nation. Every effort should be used to prevent the waste and spoilage of the land which would deny its future use and productivity. Proper safeguards must be provided by the state to ensure that the health and safety of the people are not endangered and that upon completion of a uranium exploration operation the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; that both during and after a uranium exploration operation, water and other natural resources are not endangered; and that esthetics and a tax base are maintained, all for the health, safety, and general welfare of the people of the state.

Source: SL 1982, ch 307, § 2.

45-6D-3. Definition of terms.

Terms used in this chapter mean:

(1)    "Affected land," the surface area 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;

(2)    "Aquifer," a water bearing bed or stratum of permeable rock, sand, or gravel capable of yielding usable quantities of water to wells or springs;

(3)    "Board," Board of Minerals and Environment;

(4)    "Bulk samples," the removal of not more than five thousand tons of mineralized material by means of a shaft, adit, or test open pit to determine the economic feasibility of conducting a mining operation;

(5)    "Department," Department of Agriculture and Natural Resources;

(6)    "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 uranium exploration operation;

(7)    "Reclamation," the employment during and after a uranium exploration operation of procedures reasonably designed to minimize the disruption from the uranium 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;

(8)    "Test hole," a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of uranium or uranium resources;

(9)    "Uranium," the chemical element "u";

(10)    "Uranium exploration operation," the act of searching for or investigating a uranium deposit, including sinking shafts, tunneling, drilling test holes, digging pits, or cuts or other works for the purpose of extracting samples, including bulk samples, before commencement of development or extraction operations and test facilities to prove the commercial grade of a uranium deposit. The term does not include those activities which cause very little or no surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, annual assessment work required to maintain the validity of a mineral claim or any other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not exploring for uranium deposits.

Source: SL 1982, ch 307, § 3; SL 1994, ch 351, § 109; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

45-6D-4. Permit or surety not required by governmental office or political subdivision.

No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for a uranium exploration operation.

Source: SL 1982, ch 307, § 4.

45-6D-5. Laws applicable to operations on state-owned land.

All uranium exploration operations on state-owned land shall comply with the applicable prospecting and exploration permit requirements of chapter 5-7 and this chapter.

Source: SL 1982, ch 307, § 5.

45-6D-6. Application for permit for exploration operations--Items comprising application.

Any person desiring to conduct a uranium exploration operation shall, prior to entry on the land, file with the Board of Minerals and Environment an application and receive a permit to conduct a uranium exploration operation on a form approved by the board. Each uranium exploration operation application shall be limited to sixteen contiguous townships.

An application for a permit shall include the following:

(1)    An application form pursuant to § 45-6D-7;

(2)    A plan of reclamation pursuant to § 45-6D-9;

(3)    A map pursuant to § 45-6D-10; and

(4)    A fee pursuant to § 45-6D-18.

Any person conducting uranium exploration activities that are not included within the scope of a uranium exploration operation is not required to file an application or receive an exploration operation permit required by this chapter.

Source: SL 1982, ch 307, § 6.

45-6D-7. Application form--Contents.

The application form shall contain:

(1)    The name of the operator who intends to conduct the uranium exploration operation;

(2)    The operator's address and principle place of business;

(3)    The name and address of the resident agent for the service of process on the operator;

(4)    A statement that the uranium exploration operation will be conducted pursuant to the terms and conditions listed on the approved permit;

(5)    A brief description of the type of uranium exploration operation to be conducted;

(6)    The legal description of the land to be explored by section, township, and range;

(7)    The approximate date upon which the uranium exploration operation will commence;

(8)    A statement that the applicant has the authority to conduct a uranium operation on the lands described in the application;

(9)    The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant such access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and thereafter for such time as is necessary to assure compliance with all provisions of this chapter or any rule, order, or decision promulgated hereunder.

Source: SL 1982, ch 307, § 7.

45-6D-8. Reclamation plan required.

The applicant shall submit a plan of reclamation which shall be approved by the Board of Minerals and Environment before a uranium exploration operation permit may be issued.

Source: SL 1982, ch 307, § 8.

45-6D-9. Reclamation plan--Contents.

The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is mandatory on all affected lands. The reclamation plan shall include the following:

(1)    A description of the type of reclamation the operator proposes to achieve in the reclamation of the affected land;

(2)    A proposed timetable for seeding and replanting indicating when and how the reclamation plan will be implemented. Such timetable shall be developed after consulting the local conservation district as to the nature of the soils and native vegetation in the area of the proposed exploration operation. The recommendations of the local conservation district shall be followed if any are provided;

(3)    A narrative description of how the reclamation plan will rehabilitate the affected land;

(4)    A narrative description of the temporary and permanent plugging and capping procedure to be used;

(5)    The estimated cost of implementing and completing the proposed reclamation and the estimated cost of plugging and sealing each test hole pursuant to the provisions of §§ 45-6D-33 and 45-6D-34.

Source: SL 1982, ch 307, § 9.

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 public water wells, buildings, proposed or existing roads or trails, and the tentative test hole locations within one-fourth of one-fourth of a section. Where closely placed test holes are anticipated, an outline of that area shall be indicated in lieu of identifying each test hole location. The scale of such map shall be not more than one to twenty-five thousand. Such map shall clearly present the required information. Submission of the most recent United States geological survey maps, if available, is adequate and the operator shall clearly identify the information required by this section on the map.

Source: SL 1982, ch 307, § 10.

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 days after filing. At the completion of such time, the application may be returned to the applicant or destroyed. Confidential information exempted by § 45-6D-15 shall be deleted by the applicant from all copies available for public inspection.

Source: SL 1982, ch 307, § 11.

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 of Minerals and Environment. Such notice, prepared by the Department of Agriculture and Natural Resources, shall contain the identity and address of the applicant and resident agent, the general location of the proposed uranium exploration operation, the proposed dates of commencement and completion of the operation, the location where additional information about the operation may be obtained, and the location and final date for filing objections with the board.

Source: SL 1982, ch 307, § 12; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

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 or endangered species as notified, in writing, by that department within the terms and conditions of an approved or renewed permit. The operator shall abide by any reasonable restrictions, subject to review and approval by the board at the request of the operator, concerning riparian habitat as notified by that department. Restrictions concerning riparian habitat for exploration operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by both the Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources before notifying the operator.

Source: SL 1982, ch 307, § 13; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

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 the state archaeologist within the terms and conditions of an approved or renewed permit.

Source: SL 1982, ch 307, § 14; SL 2003, ch 272, § 63.

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 in the absence of a written release from the operator. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1982, ch 307, § 15.

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 land. A copy of such preferences shall be submitted with the application and be considered by the applicant and the Board of Minerals and Environment. The owner may also specify, in writing, reasonable restriction regarding travel areas on the property which will result in minimal soil erosion and further specify that travel under extreme moisture conditions will be avoided. A copy of such reasonable restrictions shall be filed with the application and become part of the terms and conditions of an approved permit. If the applicant does not receive any such written material from the owner, the applicant shall execute an affidavit stating that consultation with the land owner was conducted and that no written materials have been received. Such affidavit shall be filed with the application.

Source: SL 1982, ch 307, § 16.

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 any water well, the operator shall notify, in writing, the board of such refusal and may not be required thereafter to provide any information concerning such well.

Source: SL 1982, ch 307, § 17.

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.

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 be explored. Based upon this inspection, the criteria established in § 45-6D-20, and the submitted reclamation plan, the board shall set the level of the surety necessary to guarantee the costs of plugging all of the proposed test holes and reclamation of affected public and private lands. The surety shall be filed or deposited with the board before the issuance of the uranium exploration operation permit in such form as required by the board.

Source: SL 1982, ch 307, § 19; SL 2006, ch 224, § 1.

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 water wells and water supply, waste water transport, storage and treatment facilities or crops;

(2)    Topography;

(3)    Climatic, soil, and vegetative conditions;

(4)    Estimated costs per test hole site to reclaim disturbed surface areas; and

(5)    Estimated cost per test hole site to plug each test hole.

Source: SL 1982, ch 307, § 20; SL 2011, ch 165, § 217.

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, such factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond.

Source: SL 1982, ch 307, § 21; SL 2011, ch 165, § 218.

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.

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. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. Such surety shall remain in effect until the test hole plugging and reclamation are approved by the board and the surety is released by the board. At least thirty days prior to the release of the surety, the board shall notify the board of county commissioners of the affected county and surface owner or lessee of the affected area, if other than the mineral owner, of the proposed surety release.

Source: SL 1982, ch 307, § 23.

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.

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.

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 publication of notice pursuant to § 45-6D-12. The board shall hold a hearing pursuant to § 45-6D-28 on the question of whether the permit should be granted. The applicant shall be notified by the board or Department of Agriculture and Natural Resources within five days of receipt of any objections to the application and shall be provided a copy of the written objections.

Source: SL 1982, ch 307, § 26; SL 2011, ch 165, § 219; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

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 the date of last publication of notice pursuant to § 45-6D-12. Such request shall contain the reason for requesting the hearing and the location where the hearing is to be held. The board of county commissioners shall pay travel and per diem costs as established by state statute or rule to the board's staff if the request designates the hearing at a location other than Pierre.

Source: SL 1982, ch 307, § 27.

45-6D-28. Hearing on application--Notice--Time for decision.

Upon receipt of an application for a permit and all fees due from the operator, the Board of Minerals and Environment shall set a date for the hearing on such application not more than sixty days after the date of filing. Prior to the holding of such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of an application pursuant to § 45-6D-26, and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed uranium exploration operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted in a manner pursuant to chapter 1-26. A final decision on the application shall be made within ninety days of the receipt of the application. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents on site inspection, the board may reasonably extend the maximum time sixty days.

Source: SL 1982, ch 307, § 28.

45-6D-29. Grant of permit if application in compliance with law--Grounds for denial.

The Board of Minerals and Environment shall grant a permit to an operator if the application complies with the requirements of this chapter and all applicable local, state, and federal laws. The board may not deny a permit, except for one or more of the following reasons:

(1)    The application is incomplete or the surety has not been posted;

(2)    The applicant has not paid the required fee;

(3)    The adverse effects of the proposed uranium exploration operation on the historic, archaeologic, geologic, scientific, or recreational aspects of affected or surrounding land outweigh the benefits of the proposed uranium exploration operation;

(4)    The proposed uranium exploration operation will result in the loss or reduction of long-range productivity of watershed lands, public and domestic water wells, aquifer recharge areas, or significant agricultural areas; or

(5)    The proposed uranium exploration operation will adversely affect threatened or endangered wildlife indigenous to the area.

Source: SL 1982, ch 307, § 29.

45-6D-30. Term of permit--Triennial renewal.

A uranium exploration operation permit shall be issued for a period of three years and may be renewed triennially pursuant to the provisions of §§ 45-6D-43 to 45-6D-50, inclusive.

Source: SL 1982, ch 307, § 30.

45-6D-31. Notice to county commissioners of approval of or denial of permit or renewal.

The Board of Minerals and Environment shall transmit notice of the approval or denial of a new or renewed uranium exploration operation permit to the appropriate board of county commissioners within thirty days of final board action.

Source: SL 1982, ch 307, § 31.

45-6D-32. Exploration operations--Applicable laws.

Every operator to whom a permit is issued pursuant to the provisions of this chapter may engage in the uranium exploration operation upon the affected lands described in the permit, upon the performance of and subject to §§ 45-6D-33 to 45-6D-39, inclusive, with respect to such lands.

Source: SL 1982, ch 307, § 32.

45-6D-33. Capping, sealing, and plugging test holes--Temporary delay.

The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily keep the test hole open. The board may, in its discretion, allow the operator a temporary delay, if the test hole is securely covered in a manner which will prevent injury to persons or animals and marked with a sturdy steel fence post at a minimum height of forty-two inches above the ground surface.

Source: SL 1982, ch 307, § 33.

45-6D-34. Capping, sealing, and plugging test holes--Rules.

The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26, to regulate the capping, sealing, and plugging of all test holes drilled pursuant to a permit issued under this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the prevention of any artesian flow of groundwater toward the surface, and the prevention of fluid communication between aquifers.

Source: SL 1982, ch 307, § 34.