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ND SB2134
Bill
Status
4/24/2017
Primary Sponsor
Kelly Armstrong
Click for details
AI Summary
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Establishes that North Dakota owns mineral rights to the Missouri riverbed only up to the ordinary high water mark, with no claim to minerals above that mark (except for original grant lands or purchased minerals).
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Requires the Department of Mineral Resources to hire an independent engineering and surveying firm within 90 days to review the Army Corps of Engineers survey regarding the ordinary high water mark location from Fort Berthold to river mile marker 1,565; firm must complete review within 6 months.
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Directs the Industrial Commission to adopt final recommendations on ordinary high water mark delineation after a 60-day public comment period and hearing; district courts have exclusive jurisdiction to challenge findings within 2 years using a "clear and convincing evidence" standard.
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Appropriates $800,000 from the Strategic Investment and Improvements Fund for the survey review and $100,000,000 for mineral revenue repayments, with Bank of North Dakota authorized to extend up to $87,000,000 line of credit if initial funds are exhausted.
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Makes the act retroactive to the Pick-Sloan dam closure date and applicable to all oil and gas wells spud after January 1, 2006; declares the measure an emergency.
Legislative Description
The ownership of mineral rights of land inundated by Pick-Sloan Missouri basin project dams; to provide appropriations; to provide a contingent line of credit; to provide for retroactive application; and to declare an emergency.
Last Action
Signed by Governor 04/21
4/24/2017