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.
Structure South Dakota Codified Laws
Title 45 - Mining, Oil and Gas
Chapter 06D - Uranium Exploration
Section 45-6D-1 - Citation of chapter.
Section 45-6D-2 - Legislative findings and policy.
Section 45-6D-3 - Definition of terms.
Section 45-6D-4 - Permit or surety not required by governmental office or political subdivision.
Section 45-6D-5 - Laws applicable to operations on state-owned land.
Section 45-6D-6 - Application for permit for exploration operations--Items comprising application.
Section 45-6D-7 - Application form--Contents.
Section 45-6D-8 - Reclamation plan required.
Section 45-6D-9 - Reclamation plan--Contents.
Section 45-6D-10 - Map of permit area.
Section 45-6D-11 - Copy of application filed with register of deeds--Public inspection.
Section 45-6D-12 - Notice of application--Publication.
Section 45-6D-14 - Notice to state archaeologist--Restrictions concerning site disturbances.
Section 45-6D-15 - Confidential information in application protected--Violation as misdemeanor.
Section 45-6D-16 - Consultation with surface owner--Restrictions of owner.
Section 45-6D-17 - Domestic water wells--Information required of operator.
Section 45-6D-18 - Fee for application.
Section 45-6D-20 - Criteria for determining amount of surety.
Section 45-6D-21 - Surety bond--Surety other than bond--Considerations by board.
Section 45-6D-22 - Cash or securities in lieu of surety.
Section 45-6D-23 - Surety payable to state--Conditions required.
Section 45-6D-24 - Surety liability continues until released.
Section 45-6D-25 - Surety penalty--Amount.
Section 45-6D-26 - Objections--Statements in support of application--Notice and hearing.
Section 45-6D-27 - County request for hearing on application.
Section 45-6D-28 - Hearing on application--Notice--Time for decision.
Section 45-6D-29 - Grant of permit if application in compliance with law--Grounds for denial.
Section 45-6D-30 - Term of permit--Triennial renewal.
Section 45-6D-31 - Notice to county commissioners of approval of or denial of permit or renewal.
Section 45-6D-32 - Exploration operations--Applicable laws.
Section 45-6D-33 - Capping, sealing, and plugging test holes--Temporary delay.
Section 45-6D-34 - Capping, sealing, and plugging test holes--Rules.
Section 45-6D-36 - Test holes converted to water wells.
Section 45-6D-37 - Roads and trails.
Section 45-6D-38 - Restoration of drill sites and affected land.
Section 45-6D-39 - Penetration of aquifer--Notice to board.
Section 45-6D-40 - Penetration of aquifer--Report required.
Section 45-6D-41 - Geological conditions--Report required.
Section 45-6D-42 - Geological conditions reports confidential--Violation as misdemeanor.
Section 45-6D-43 - Renewal of permit--Information required.
Section 45-6D-44 - Renewal of permit--Notice of application.
Section 45-6D-45 - Renewal of permit--Confidentiality of required information.
Section 45-6D-47 - Renewal of permit--Hearing on application--Notice--Time for decision.
Section 45-6D-49 - Renewal of permit--Grounds for denial of modifications.
Section 45-6D-50 - Renewal of permit--Grounds for denial.
Section 45-6D-51 - Violation--Notice to operator.
Section 45-6D-52 - Violation--Cease and desist order.
Section 45-6D-53 - Violation--Hearing.
Section 45-6D-54 - Violation--Modification, suspension, or revocation of permit.
Section 45-6D-55 - Violation--Action for temporary restraining order or injunction.
Section 45-6D-56 - Violation--Forfeiture of surety--Proceedings by attorney general.
Section 45-6D-57 - Violation--Forfeiture of surety--Reclamation of land by board.
Section 45-6D-59 - Operator currently in violation--Issuance of permit prohibited.
Section 45-6D-60 - Violation of permit--Civil penalty--Liability for damages to environment.
Section 45-6D-61 - Operation without permit--Civil penalty.
Section 45-6D-62 - Refusal of access or interference with inspection as violation.
Section 45-6D-64 - Assistance provided by other departments and agencies.
Section 45-6D-65 - General powers of board.
Section 45-6D-66 - Specifications regarding application of chapter to new and prior operations.
Section 45-6D-67 - Confidentiality period of certain mineral exploration reports.