N.D. Admin. Code 85-04-02-21

Current through Supplement No. 395, January, 2025
Section 85-04-02-21 - Protection of cultural resources

If any historical, archaeological, paleontological, or other cultural artifacts, vestiges, or remains are found prior to, during, or after any exploration, testing, production, mining, or reclamation operations on the construction aggregate leased premises, the director of the state historical board and the commissioner must be notified immediately and the site and the materials must be protected by the lessee from further disturbance until a professional examination can be made or until some other form of clearance to proceed is authorized by the commissioner. Upon written request, the commissioner may grant an extension of the construction aggregate lease term for delays in operations caused by the requirements of this section. If no further disturbance is allowed, the construction aggregate lease may be terminated and the lessor shall refund to the lessee any advance royalties not already credited or forfeited as provided in this chapter. The department and the director of the state historical board may inspect the construction aggregate leased premises at all times to determine compliance with this section.

N.D. Admin Code 85-04-02-21

Adopted by Administrative Rules Supplement 375, January 2020, effective 1/1/2020.

General Authority: NDCC 15-05-18

Law Implemented: NDCC 15-05-18, 55-02-07