1. A permit is required before commencement of operations for the exploration and evaluation of critical minerals. A permit must be granted for one year upon receipt of a permit application on a form provided by the commission, the furnishing of a bond as set out in this chapter, and the payment of a fee of one hundred dollars per permit. A permit is valid for one permit area only.

2. A critical minerals exploration permit is not required within a coal mine permit boundary, but a permit from the public service commission is required. However, ownership and all exploratory data used to determine critical mineral concentrations must be provided to the commission.

3. Coal may not be extracted for commercial sale during a critical mineral exploration operation. Coal may not be extracted except for cores and samples necessary for testing and analysis. The removal of more than two hundred fifty tons [226.80 metric tons] of coal from an area is considered a surface coal mining operation and is subject to the requirements of North Dakota Century Code chapter 38-14.1 and the regulations of the public service commission promulgated under North Dakota Century Code chapter 38-14.1.

4. The permit application must include: a. The name, address, and telephone number of the person seeking to explore. b. The name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities. c. A precise description of the exploration area. d. A statement of the period of intended exploration. e. A description of the practices proposed to be followed to protect the environment from adverse impacts as a result of the exploration activities. f. Any other information required by the commission.

History: Effective July 1, 2026.

General Authority: NDCC 38-12-03

Law Implemented: NDCC 38-12-03