Section 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.