43-02-02.5-14. Public availability of permit application information.

1. Except as provided in subdivisions a, b, and c, all information submitted to the commission with a permit application for critical mineral exploration is available for public inspection and copying at the office of the state geologist.

a. The state geologist may not make information submitted with a critical mineral exploration permit application available for public inspection if the person submitting it requests in writing, at the time of permit application submission, that it not be disclosed and the state geologist determines that the information is confidential. However, the

information shall remain confidential only for the time period specified in North Dakota Century Code section 38-12-02.

b. The state geologist shall determine permit application information is confidential if it concerns trade secrets or is privileged commercial or financial information that relates to the competitive rights of the person intending to conduct critical mineral exploration.

c. Information requested to be held as confidential under this subsection may not be made publicly available until after proper notice and hearing before the commission.

2. The director may withhold specific information in a processing facility application if releasing the information would reveal trade secrets or in other ways cause the applicant financial harm.

3. The permit holder may waive the holder's right to confidentiality by providing written notice of the waiver to the state geologist.

History: Effective July 1, 2026.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02