If two or more separately owned tracts are embraced within a mined area, or if there are separately owned interests in all or a part of the mined area, the critical minerals must be commingled by the operator for the purpose of allocating production and payment of royalties. Each mined area shall afford to the owner of each tract or interest within the mined area the opportunity to recover or receive, without unnecessary expense, the owner's equitable share based on the volume of mined coal.

History: Effective July 1, 2026.

General Authority: NDCC 38-12-06

Law Implemented: NDCC 38-12-06