N.D. Cent. Code § 38-14.1-11
No later than two months following approval of the state program in accordance with the requirements of section 503 of the federal Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 470; 30 U.S.C. 1253], regardless of litigation contesting that approval, all permittees who expect to continue to conduct surface coal mining operations after the expiration of eight months from the approval of such state program shall file an application with the commission for a new permit in accordance with the requirements of section 38-14.1-13. Such application must cover those lands to be surface mined after the expiration of eight months from the approval of the state program. The commission shall process such applications and grant or deny a permit within eight months after the date of approval of the state program.
N.D.C.C. § 38-14.1-11