NDAC 43-02-02.5-10
Exploration bond
Cite as N.D. Admin. Code ยง 43-02-02.5-10
1.
A person engaged in critical mineral exploration and evaluation, or who proposes to do so,
shall submit to the commission and obtain its approval of a surety bond or cash bond. An
alternate form of security may be approved by the commission after notice and hearing, as
provided by law. A bond is required for each permit area. The bond must be in the amount of
one hundred dollars for each testhole drilled in the permit area. Each surety bond must be
executed by a responsible surety company authorized to transact business in the state of
North Dakota. A blanket bond in the amount of ten thousand dollars, conditioned as above
provided, may be submitted to cover any number of testholes drilled in one or more permit
areas. The blanket bond shall cover all permits issued in one year commencing on the date
the first permit covered by the bond is issued.
2.
A person providing a blanket bond in lieu of several individual bonds is required to comply with
the rules, regulations, and orders of the commission in the same manner as if the person had
provided several individual bonds. Violation shall result in forfeiture of the blanket bond in its
entirety, if the violation would have resulted in forfeiture had the action in question been
covered by an individual bond.
3.
For the purposes of the commission the bond required is a performance bond and a plugging
bond and is to endure up to and including receipt by the state geologist of all basic exploration
data required by law and approved plugging of all holes drilled.
4.
The commission shall advise in writing the principal and sureties on a surety bond as to
whether the provisions of statutes and rules have been satisfied and liability under the bond
may be formally terminated.
5.
The state geologist may act for the commission as to all matters within this section.
6.
A state or federal agency engaged in critical mineral exploration or evaluation is exempt from
providing the bond.