N.D. Cent. Code § 15-05-04

When any lands containing coal are leased for agricultural purposes, the lease must contain a provision authorizing the board of university and school lands to lease the same land for coal mining purposes and must reserve to the board the right to use and occupy or to lease for use and occupancy so much of the surface of the land as the lessee of the land for coal mining purposes requires for the extracting, mining, and marketing of the coal.