27-274. Trade secrets; confidentiality; definition

A. For the proper administration of state land, the state land commissioner may require a lessee to submit relevant geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry.

B. To evaluate the mineral potential of state trust land, the commissioner may use relevant geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry.

C. Trade secret information obtained under this section is confidential.

D. For purposes of this section, "trade secret" means information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi-judicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosing the information is likely to cause substantial harm to the person's competitive position.