N.D. Cent. Code § 61-33.1-04
61-33.1-04. Implementation (Retroactive application - See note)
61-33.1-04. Implementation. (Retroactive application - See note)
1. Within six months after the adoption of the acreage determination by the board of
university and school lands:
a. Any royalty proceeds held by operators attributable to oil and gas mineral tracts
lying entirely above the ordinary high water mark of the historical Missouri
riverbed channel on both the corps survey and the state phase two survey must
be released to the owners of the tracts, absent a showing of other defects
affecting mineral title; and
b. Any royalty proceeds held by the board of university and school lands attributable
to oil and gas mineral tracts lying entirely above the ordinary high water mark of
the historical Missouri riverbed channel on both the corps survey and the state
phase two survey must be released to the relevant operators to distribute to the
owners of the tracts, absent a showing of other defects affecting mineral title.
2. Upon adoption of the acreage determination by the board of university and school
lands:
a. The board of university and school lands shall begin to implement any acreage
adjustments, lease bonus and royalty refunds, and payment demands as may be
necessary relating to state-issued oil and gas leases. The board shall complete
the adjustments, refunds, and payment demands within two years after approving
the acreage determination.
b. Operators of oil and gas wells affected by the final acreage determination
immediately shall begin to implement any acreage and revenue adjustments
relating to state-owned and privately owned oil and gas interests. The operators
shall complete the adjustments within two years after the board approves the
acreage determination. Any applicable penalties, liability, or interest for late
payment of royalties or revenues from an affected oil or gas well may not begin to
accrue until the end of the two-year deadline. The filing of an action under
section 61-33.1-05 tolls the deadline for any oil and gas well directly affected by
the action challenging the review finding or final acreage determination.