§ 23-0303. Administration of article.

1. Except to the extent that the administration of this article is
specifically entrusted to other agencies or officers of the state by its
provisions, such administration shall be by the department. Geological
services for the department in connection with the administration of
this article shall be provided by or in cooperation with the state
geologist. Within appropriations therefor the department is authorized
to employ such personnel as may be necessary for the administration of
this article and may also employ or secure the services of such
engineering, technical and other consultants as it may require from time
to time.

2. The provisions of this article shall supersede all local laws or
ordinances relating to the regulation of the oil, gas and solution
mining industries; but shall not supersede local government jurisdiction
over local roads or the rights of local governments under the real
property tax law.

3. a. The commissioner shall accept from municipalities requests for
funds from the oil and gas fund to reimburse the municipality for costs
incurred in repairing damages to municipal land or property. Such
requests shall include such explanatory material and documentation as
the commissioner may require.

b. The commissioner and director of the budget, may recommend payment
to the municipality to satisfy the request for reimbursement upon
finding that:

(1) The municipality has made a bona fide effort to seek relief and
recover its costs from those deemed to be responsible and any other
appropriate avenues, but has been unsuccessful;

(2) The damage was a direct result of activities regulated under this
article and that the amount of funds requested is reasonable in view of
such damages; and

(3) The costs were incurred after the effective date of this
subdivision.