North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.1-37. Small operators

1. The provisions of this chapter do not apply to any of the following activities:

2. If the commission finds that the probable total annual production at all locations to be mined by any permit applicant will not exceed three hundred thousand tons [272155.41 metric tons], the cost of the following activities, which must be performed by a qualified public or private entity designated by the commission, may be assumed by the commission upon the written request of the operator in connection with a permit application:

3. The commission may provide or assume the cost of training coal or commercial leonardite operators who meet the qualifications in subsection 2 concerning the preparation of permit applications and compliance with the regulatory program.

4. An operator who has received assistance under subsection 2 or 3 shall reimburse the commission for the cost of the services rendered if the commission finds that the operator's actual and attributed annual production of coal or commercial leonardite for all locations exceeds three hundred thousand tons [272155.41 metric tons] during the twelve months immediately following the date the operator is issued a surface coal mining and reclamation permit.

5. Proposed surface coal mining operations that will not be subject to payment of reclamation fees required by the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.] are not eligible for the assistance to small operators provided by subsections 2 and 3.