54-17.6 Oil and Gas Research Council - North Dakota Statutes

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CHAPTER 54-17.6OIL AND GAS RESEARCH COUNCIL54-17.6-01. Definitions.1."Commission" means the North Dakota industrial commission.2."Council" means the oil and gas research council.54-17.6-02. Oil and gas research council purposes. There is created the oil and gasresearch council.The purpose of the council is to coordinate a program designed todemonstrate to the general public the importance of the state oil and gas exploration and
production industry, to encourage and promote the wise and efficient use of energy, to promote
environmentally sound exploration and production methods and technologies, to develop the
state's oil and gas resources, and to support research and educational activities concerning the
oil and natural gas exploration and production industry.54-17.6-03. Commission to operate council. The commission shall operate, manage,and control the council.54-17.6-04. Powers and duties of commission in managing and operating council.The commission is granted all the powers necessary or appropriate to carry out and effectuate
the purposes of this chapter, including the power to:1.Make grants or loans, and to provide other forms of financial assistance as
necessary or appropriate, to qualified persons for research, development, marketing,
and educational projects, and processes or activities directly related to oil and gas
exploration and production industry;2.Enter into contracts or agreements to carry out the purposes of this chapter,
including authority to contract for the administration of the oil and gas research,
development, marketing, and educational program;3.Keep accurate records of all financial transactions performed under this chapter;4.Cooperate with any private, local, state, or national commission, organization, or
agent, or group and to make contracts and agreements for programs benefiting the
oil and gas industry;5.Accept donations, grants, contributions, and gifts from any public or private source
and deposit such in the oil and gas research fund; and6.Make and explore orders, rules, and regulations necessary to effectuate the
purposes of this chapter.54-17.6-05. Oil and gas research council - Members.1.The oil and gas research council is composed of eight members, four of whom must
currently be engaged in and have at least five years of active experience in the oil
and natural gas exploration and production industry. The council consists of:a.Four members appointed by the governor from a list provided by the North
Dakota petroleum council. The governor may reject the list and request the
council to submit a new list until the appointments are made.b.One member appointed by the governor from a list provided by the North
Dakota association of oil and gas producing counties. The governor may rejectPage No. 1the list and request the association to submit a new list until the appointment is
made.c.The executive director of the North Dakota petroleum council or the executive
director's designee.d.The president of the northern alliance of independent producers or the
president's designee.e.A county commissioner from an oil producing county appointed by the
governor.f.The director of the oil and gas division and the state geologist shall serve on the
council as advisory nonvoting members.2.Subject to subsection 6, the terms of office for members of the council are three
years but of those first appointed, two serve for one year, two serve for two years,
and three serve for three years.3.The council shall select its chairman from among its members.4.The council shall have at least one regular meeting each year and such additional
meetings as the chairman determines necessary at a time and place to be fixed by
the chairman. Special meetings must be called by the chairman on written request
of any three members. Five members constitute a quorum.5.The council shall recommend to the commission the approval of grants, loans, or
other financial assistance necessary or appropriate for funding, research,
development, marketing, and educational projects or activities and any other matters
related to this chapter.6.Members of the council appointed by the governor serve at the pleasure of the
governor.54-17.6-06. Access to council records.1.Materials and data submitted to, or made or received by, the council or commission,
to the extent that the council determines the materials or data consist of trade
secrets or commercial, financial, or proprietary information of individuals or entities
applying to or contracting with the council or receiving council services under this
chapter, are not public records subject to section 44-04-18 and section 6 of article XI
of the Constitution of North Dakota, and are subject to section 44-04-18.4.2.A person or entity must file a request with the council or commission to have
material designated as confidential under subsection 1. The request must contain
any information required by the council and must include at least the following:a.A general description of the nature of the information sought to be protected.b.An explanation of why the information derives independent economic value,
actual or potential, from not being generally known to other persons.c.An explanation of why the information is not readily ascertainable by proper
means by other persons.d.A general description of any person or entity that may obtain economic value
from disclosure or use of the information, and how the person or entity may
obtain this value.Page No. 2e.A description of the efforts used to maintain the secrecy of the information.3.Any request under subsection 2 is confidential.The council shall examine therequest and determine whether the information is relevant to the matter at hand and
is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the
council determines the information is either not relevant or not a trade secret, the
council shall notify the requester and the requester may ask for the return of the
information and request within ten days of the notice. If no return is sought, the
information and request are a public record.4.The names or identities of independent technical reviewers on any project or
program and the names of council members making recommendations are
confidential, may not be disclosed by the council, and are not public records subject
to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota.Page No. 3Document Outlinechapter 54-17.6 oil and gas research council