Minerals, Mining, & Superfund is a regulatory and permitting program from the South Dakota Department of Agriculture and Natural Resources that oversees mineral exploration, mining operations, and oil and gas development statewide, as well as Superfund site assessments and cleanup oversight.

Operators must obtain permits or file notices — including exploration notices of intent, mine permits, mine licenses, or oil and gas permits — before initiating most development activities. The program coordinates required surety bonds, inspects mining sites, and ensures land reclamation after resource extraction.

Under Senate Bill 111 (effective July 1, 2024), surety requirements for commercial operators are being increased in staggered phases through 2029. The program also conducts environmental assessments at hazardous waste sites and provides regulatory oversight at National Priorities List Superfund sites across South Dakota.

South Dakota Minerals and Mining Program Minerals, Mining, & Superfund The Minerals, Mining, and Superfund Program regulates statewide mineral exploration, mining, and oil & gas development; and conducts statewide Superfund assessments and regulatory oversight at Superfund sites in South Dakota.

Minerals and Mining: The program ensures mineral exploration and development are conducted in a manner that minimizes environmental impact, and that affected lands are reclaimed and useable after the resources have been extracted.

Prior to initiating most forms of mineral exploration or development, operators must file a formal notice or obtain a permit from the state; depending on the type of activity, operators generally work under the regulatory umbrella of an exploration notice of intent (EXNI), a mine permit, a mine license, or an oil & gas permit.

The Minerals, Mining, and Superfund Program coordinates issuance or filing of required permits and notices, ensures required surety is posted by operators, inspects and monitors mineral development sites, determines when sites have been adequately reclaimed, and works with operators to ensure mineral exploration and development complies with all applicable environmental statutes, rules, and regulatory conditions.

Superfund: Environmental assessments are done at sites with hazardous substance releases to determine the nature and extent of contamination, assess risk, and determine the appropriate cleanup action. State regulatory oversight is conducted at sites being assessed and cleaned up under the Superfund process and at sites on the National Priorities List (Superfund Sites).

Reclamation Surety and Limestone Mining Changes Effective July 1, Senate Bill 111, which was approved during the 2024 legislative session and became effective July 1, 2024, changed bonding requirements for mine licenses, mine permits, and notices of intent. It also placed the mining of any use of limestone under the statutes (SDCL 45-6).

The changes are outlined below: SDCL 45-6, Sand, Gravel and Construction Aggregate Mining under a Mine Allows operators to mine limestone for all uses under a mine Increases the required surety for new commercial operators from $500/acre to $3,850/acre.

The statewide blanket surety also increases from Increases the required surety for existing commercial operators over the following five-year staggered period: -July 1, 2026: Increases from $500/acre to $1,500/acre. The statewide blanket increases from $20,000 to $100,000. -July 1, 2027: Increases from $1,500/acre to $2,750/acre.

The statewide blanket increases from $100,000 to $200,000. -July 1, 2029: Increases from $2,750/acre to $3,850/acre. The statewide blanket increases from $200,000 to $300,000.

Makes provision for a joint powers agreement between the state and other political entities to avoid duplication of surety requirements. SDCL 45-6B, Mining under a Mine Permit Increases the maximum required surety for small scale permitted SDCL 45-6C, Mineral Exploration under an Exploration Notice Clarifies that exploration may not commence until the operator posts reclamation surety.

Increases the amount of a statewide mineral exploration blanket Mine permits are required for the extraction and processing of such as gold, silver, uranium, precious metals, coal, bentonite, dimension Construction Aggregate License A mine license is required to mine sand; gravel; rock to be used in construction; pegmatite minerals; limestone; iron ore, gypsum, shale, pozzolan, and other materials used to make cement or lime; or when dredging for commercial resale.

Oil and gas applications for permit to drill (APD) are required petroleum production wells. Underground Injection Control (UIC) Class II permits required for all disposal and enhanced recovery wells associated with oil and Exploration Notices of Intent are required for exploration of minerals such as gold and silver, precious metals, coal, dimension stone, stone, precious metals, aggregates, and oil and gas seismic shot-holes.

Uranium exploration permits are required for the exploration of Superfund is the trust fund set up by US Congress to handle emergency and waste sites needing long-term cleanup. Do I need a mine permit to operate a To operate any type of dredge in South Dakota to minerals such as gold, even for recreational operator is required to obtain a mining permit.

Mine are also required for other mechanized equipment highbankers and heavy equipment. To find out more If you use hand held equipment such as a pick, metal detector, or sluice box for placer mining, no permit is required. However, you are required to South Dakota Water Quality Standards.

You should be aware that a water right permit is placer mining activities. However, some of the the Black Hills have been fully appropriated. obtaining a water rights permit may not be possible.

What laws govern the filing of In addition to federal requirements, anyone filing a claim in South Dakota must comply with SDCL Can you tell me if my stock Our office can review the history of the mining the certificate. However, we cannot determine stock certificate has any value. You can contact the Dakota Secretary of State office under "Corporations" to see if they have any information company.

It is possible that the company either went business or was absorbed by another mining company. though the company may no longer exist, the stock certificate may have value as a collector's item. stores buy stock certificates with unique art work.

To find out information on the stock certificate, Where can I get a list of South You can either e-mail your name and address to Eric Holm or call (605) 773-4201 to request a list of operators in South Dakota.

Where can I find leasing or mineral Although a valid lease is generally required before gas well permit, mine permit, mine license, or uranium exploration permit is issued, the Department Agriculture and Natural Resources does not regulate any data pertaining to mineral rights, lease or requirements for leasing state, federal, or lands.

The Register of Deeds office in the county property is located should have all the documents been filed in regard to the mineral rights on the may also contact the following agencies for more States Bureau of Land Management , Phone: 605-723-8714 (SD Office) or 406-896-5091 (MT Private Lands: Information each County Courthouse, Register of Deeds Office Dakota Office of School and Public How do I maintain my severed mineral interests?

How do I acquire the severed mineral rights the South Dakota law pertaining to severed mineral abandoned mineral interests. Does the state of South Dakota have abandoned mined land program?

The DANR regulates the active mining industry, but does an abandoned mine reclamation program or funds to abandoned mine sites that warrant further cleanup How do I gain approval to undertake There are five different approval processes that apply and gas operations: 1.) Orders for spacing, pooling or unitization requests; 2.) The Notice of Recommendation procedure; 3.)

Applications for Permit to Drill (APD) drilling, deepening, or reentering requests; 4.) Injection Control Class II Permits to Inject; and 5.) Notice Requests for administrative approvals.

Orders- Spacing, Pooling, or Unitization Requests: Spacing, unitization, and requests are initiated by the submission of a 74:09:01 . Spacing, pooling, and requirements are found in SDCL 45-9 and ARSD 74:12 . As of July 1, 2012, applications orders only go to hearing if they are contested publication of a Notice of Opportunity for there is no contest, orders are issued by the department Secretary.

Potential Contested Case Hearings Recommendation Procedure): The Secretary or designee may grant administrative after publishing a Notice of Recommendation for applications involving the following: drilling exception locations, drilling a directional or horizontal well in an area not already spaced by board, exception to gas to oil ratios, commingling of oil from separate pools, new injection permits, major modifications of permits, exemption of a portion of an aquifer, multiple zone completions of oil well.

If the recommendation is not contested, approval is the Secretary in accordance with the the recommendation is contested, then the issue subject to board approval under a contested case hearing.

The Notice of Recommendation process is initiated by the submission of a petition in Application for Permit to Drill (APD)- Deepening, or Reentering Requests: for drilling new wells, or deepening or existing wells require department approval and the submission of a pit liner variance is initiated by the submission of an application permit to drill.

Forms and procedures required obtaining a permit to drill, deepen, or reenter or gas well are available at Oil & Gas Forms.

Underground Injection Control Class II to Inject: In conjunction with petition to initiate the Notice of procedure (see "Potential Contested Case above), a permit to inject is required for any of fluid associated with oil and gas production above, or through underground sources of For more information on permits to inject at 605-773-4201. The permit to injection form is available on the Oil & Gas forms page.

Sundry Notice Requests for The Department Secretary or designee may grant administrative approval of the following: cementing procedures, proposed plugging temporary abandonment of a well, proposed integrity test procedures, drilling without a preventer, extending the term of an APD beyond months, proposed soil remediation techniques, produced water on roads for dust suppression, atmospherically discharging water produced from well, surface restoration, construction of water handling facilities, conversion of a mud evaporation pit, dissolving abandoned oil or gas the method of annual gas well test to determine open flow, the method of determining production separate pools prior to commingling, technical data, and the method of and interval checking tank metering equipment against actual measurements.

The Sundry Notice form used to requests is available at Oil & Gas forms. of Sundry Notices submitted to request approval of these actions will be returned upon approval. However, Sundry Notices submitted to report will not be signed or returned.)

How do I transfer a permit or well The current operator of any oil, gas, or Class II shall submit to the department a completed notice of ownership or operation (Form 12) by certified mail days of the closing date of the transfer. If not already with the department, the transfer form must be organization report, a plugging and performance bond, a certification of applicant form, and a permission to form.

The transfer is effective upon approval by the Do I need a permit to conduct If the ground surface is not penetrated during seismic exploration, no permit is required. However, if seismic holes are drilled, an exploration permit must be the department. Before any seismic exploration is days written notice should be provided to the landowner.

Are there any recent changes to Dakota's Oil and Gas Laws? The following legislation became effective July 1, 2013. - An Act to require mineral developers to give surface owners.

Operators must now notify surface owners at least seven days before non-ground disturbing mineral exploration This means operators must notify surface owners seven days before conducting preliminary site as surveying and well staking. - An Act to provide for the creation of a trust for unlocatable mineral interest owners.

Mineral or leaseholders who only own or control part of mineral interest in a given tract of land may the appropriate circuit court to set up a trust other owners of minerals in the tract who cannot An Act to revise the purpose of the agriculture mediation program.

This Act makes provision for South Dakota Department of Agriculture to disputes between mineral developers and surface over damages to or loss of use of the owner's resulting from mineral development activities. does not require use of the mediation service, it gives the Department of Agriculture the make this service available to oil and gas - An Act to provide for the award of treble certain surface depredation cases.

This Act adds section to the existing damage compensation under SDCL 45-5A. The new section provides authority to award treble damages in cases where gas developers fail to perform good faith with split-estate surface owners. An Act to revise certain provisions relating to termination of certain mineral interests.

The prescribes the specific process whereby surface owners may succeed to the ownership of lapsed interests underlying their surface property. The provision under this Act mirrors the lapsed succession process outlined in North Dakota law. An Act to revise the provisions regarding performance bonds for oil and gas wells and to the supplemental restoration bond requirement.

increases the plugging and performance bond and eliminates the surface restoration bond The Act introduces a tiered bonding system, with bond amounts for wells deeper than 5,500 feet. bond requirement for deep wells is $50,000 per $100,000 for a statewide blanket bond. The new requirement for shallow wells (less than 5,500 depth) is $10,000 per well, or $30,000 for a blanket bond.

Existing bonds will remain in an operator drills a new well, or transfers an - An Act to prohibit the disposal of certain oil field waste. This legislation prohibits storage disposal of liquid oil and gas field wastes in pits or open receptacles unless the facility is associated with the development of a specific producing property.

This Act also prohibits oil and gas field wastes if the waste's level of Radium-226 plus Radium-228 is greater picocuries/gram above the background at the solid waste facility. Operators still option of storing liquid wastes in open provided the receptacle services a specific or unit.

In terms of disposal of radioactive oil field wastes generated in South Dakota, the amount of waste with radioactivity levels above established threshold must be transported out of and disposed of in an appropriate facility. regarding this legislation should be addressed Waste Management Program at 605-773-3153. What types of information can be confidential, and for how long?

In accordance with ARSD 74:12:02:17, the DENR will hold electrical, geophysical, and sample descriptive logs, test reports, core analyses and reports, water analyses, production data, and any other important geologic and engineering data as confidential for six months requested by the operator in writing .

Confidentiality is maintained according to the following Production Data: Six-month confidentiality period begins on the date of the monthly production report. All Other Technical Reports, Logs, and Data: Each report is held as for a six month period beginning on the date the How do I request confidentiality for Operators must submit a written request in the form of a or a Sundry Notice and Report on Wells (Form 6).

What taxes apply to oil and gas 10-39A ): For the privilege severing energy minerals in this state, there is on the owner or operator of any energy mineral tax, to be termed a "severance tax," equal to one-half percent of the taxable value of any minerals severed and saved by or for the owner 10-39B ): There is imposed severance of energy minerals in this state an tax, to be known as a conservation tax, equal to four- tenths mills of the taxable value of any minerals severed and saved.

The tax shall be operator as defined in subdivision More information on taxation can be found through the of Revenue's Special Taxes Division (Phone: How do I find out if oil and gas or development is occurring in the vicinity of my Find your property of the Map-Based Data Source . The map will display any recently drill sites and existing oil and gas test holes your property.

The map provides links to a wide information about each drill site. Another useful source of information is the Drilling page. This page includes a list of all the drilling issued in South Dakota since 2009, which can be used locate general areas of recent oil and gas activity.

Where can I find leasing or mineral Although a valid lease is generally required before gas well permit, mine permit, mine license, or uranium exploration permit is issued, the Department Environment and Natural Resources does not regulate any data pertaining to mineral rights, lease or requirements for leasing state, federal, or lands.

The Register of Deeds office in the county property is located should have all the documents been filed in regard to the mineral rights on the may also contact the following agencies for more States Bureau of Land Management , Phone: 605-723-8714 (SD Office) or 406-896-5091 (MT Private Lands: Information each County Courthouse, Register of Deeds Office Dakota Office of School and Public How do I maintain my severed mineral interests?

How do I acquire the severed mineral rights South Dakota Codified Law 43-30A South Dakota law pertaining to severed mineral estates abandoned mineral interests. Who should I call to have my for oil and gas reserves? While the Department of Environment and Natural Geological Survey Program conducts research and information to promote development of oil and gas South Dakota, the department does not test or explore and gas.

Oil and gas exploration is an ongoing process undertaken by private oil and gas production and companies. The Oil & Gas Operators page contains a list oil and gas companies currently active in the state that could consider contacting to see if they have an Where can I find production or Production and injection information on a well, field, recovery unit, county, operator, and/or year basis can on the Production/Information page.

Data can also be an individual well basis through the online database and map-based data source. Annual Reports on South Dakota Mining and Beginning in 2012, the South Dakota Legislature repealed for publishing these reports.

2011 Summary of the Mining 2010 Summary of the Mining *2009 Summary of the Mining 2008 Summary of the Mining 2007 Summary of the Mining 2006 Summary of the Mining 2005 Summary of the Mining 2004 Summary of the Mining 2003 Summary of the Mining 2002 Summary of the Mining 2001 Summary of the Mining 2000 Summary of the Mining 1999 Summary of the Mining 1998 Summary of the Mining 1997 Summary of the Mining 1996 Summary of the Mining 1995 Summary of the Mining 1994 Summary of the Mining 1993 Summary of the Mining 1992 Summary of the Mining Annual Reports on Mineral Production in South Beginning in 2009, Mineral Production summaries were combined the Mining Industry summaries.

2008 Mineral Summary for South 2007 Mineral Summary for South 2006 Mineral Summary for South 2005 Mineral Summary for South 2004 Mineral Summary for South 2003 Mineral Summary for South 2002 Mineral Summary for South 2001 Mineral Summary for South 2000 Mineral Summary for South 1999 Mineral Summary for South 1998 Mineral Summary for South 1997 Mineral Summary for South 1996 Mineral Summary for South 1995 Mineral Summary for South Minerals, Mining, & Superfund Resources Board of Minerals & Environment American Geosciences Institute Dakota School of Mines & Technology Acid Drainage Technology Initiative (ADTI) Geological Survey Program USGS - South Dakota Minerals Information South Dakota Oil & Gas Initiative South Dakota Geological Survey Oil and Gas Online Database Geological Survey Cores and Cuttings Repository Database Underground Injection Control (UIC) Permitting Dakota Office of School and Public Industrial Commission, Oil & Gas Gas Conservation Commission US Bureau of Land Management - Oil & Gas Construction Aggregate Mining (45-6) Mineral Exploration (45-6C) Uranium Exploration (45-6D) New Mine Permit Amendments Notices of Temporary Cessation Pending EXNI Applications WHAT CAN WE HELP YOU FIND?