27-274

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.