CHAPTER 10-39B

CONSERVATION TAX ON SEVERANCE OF ENERGY MINERALS

10-39B-1    Legislative findings.

10-39B-2    Imposition of tax--Rate--Payment--Disposition--Collection.

10-39B-1. Legislative findings.

The Legislature finds that:

(1)    Exploration for and development of energy minerals in this state may from time to time require the expenditure of state funds in the administration of the rules and statutes; and

(2)    The State of South Dakota should be compensated for those reasonable costs incurred in carrying out the duties as set forth in chapters 45-9, 45-6B, and 45-6D.

Source: SL 1983, ch 313, § 1; SL 2009, ch 13, § 6.

10-39B-2. Imposition of tax--Rate--Payment--Disposition--Collection.

There is imposed on the severance of energy minerals in this state an excise tax, to be known as a conservation tax, equal to two and four-tenths mills of the taxable value of any energy minerals severed and saved. The tax shall be paid by the operator as defined in subdivision 10-39A-1.1(3). An operator may not pass the tax on to the owner of the energy minerals. The tax provided for in this chapter shall be placed in the environment and natural resources fee fund established pursuant to § 1-41-23 and collected in accordance with chapter 10-59. The tax collected from the production of oil or gas may be used to carry out the duties as set forth in chapter 45-9. The tax collected from the production of coal or uranium may be used to carry out the duties as set forth in chapters 45-6B and 45-6D.

Source: SL 1983, ch 313, § 2; SL 1984, ch 80; SL 1994, ch 23, § 3; SL 2009, ch 13, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021; SL 2021, ch 49, § 9.