In order to maximize resource recovery, the commission may require the extraction of any remaining coal deposits in areas to be reclaimed under North Dakota Century Code chapter 38-14.2, and may enter into a contractual agreement with the owner of the coal, if necessary, subject to the following conditions:

1. Extraction must be performed by a qualified contractor approved by the commission;

2. Extraction must comply with the applicable performance standards of North Dakota Century Code section 38-14.1-24 as specified by the commission in the agreement;

3. Compensation may be paid to the owner of the coal, if warranted, under such terms and conditions as the commission may prescribe; and

4. Such other conditions as the commission may prescribe in the agreement.

History: Effective January 1, 1980.

General Authority: NDCC 38-14.2-03

Law Implemented: NDCC 38-14.2-03