N.D. Cent. Code § 4.1-01-21.1

4.1-01-21.1. Environmental impact mitigation fund - Report to legislative

management - Continuing appropriation - Investments.

1. There is created in the state treasury the environmental impact mitigation fund. The

fund consists of all moneys deposited in the fund under section 49-22-09.2 and all

interest or investment earnings upon moneys in the fund. All moneys in the fund are

appropriated to the commissioner on a continuing basis for disbursement by the

commissioner in accordance with this section. The state treasurer may invest moneys

in the fund in accordance with section 21-10-07.

2. Moneys in the fund may be used only for:

a. Consultation with environmental scientists or engineers, industry specialists, or

others for relevant services to analyze or implement mitigation required from the

impact of development;

b. Creation, restoration, or mitigation of similar habitat affected by the construction

or operation of an energy conversion or transmission facility. Mitigation of adverse

impacts from development under this section shall be conducted in the following

order of priority:

(1) The area immediately impacted by the development;

(2) The county impacted by the development;

(3) The region impacted by the development; and

(4) Other areas within the state; and

c. Purchasing and maintaining easements or leaseholds.

3. The commissioner is not subject to chapter 54-44.4 when contracting for services

under this chapter.

4. In consultation with the federal environmental law impact review committee, the

commissioner shall adopt rules pursuant to chapter 28-32 to implement the provisions

of this section.

5. Easements or leaseholds purchased by a person to mitigate adverse environmental

effects of the construction or operation of an energy conversion or transmission facility

under chapter 49-22 must be limited to the operational life of the facility as defined

under chapter 49-22. Any payment made to mitigate adverse environmental effects of

the construction or operation of an energy conversion or transmission facility under

section 49-22-09.2 must be made to the commissioner who shall deposit the payment

into the environmental impact mitigation fund. Prior to the public service commission

issuing a permit or certificate to an applicant under chapter 49-22, the commissioner

shall notify the public service commission of mitigation efforts under this section to

create, restore, or mitigate similar habitat affected by the construction or operation of

an energy conversion or transmission facility.

6. The commissioner shall provide a biennial report of environmental impact mitigation

fund disbursements to the legislative management.

7. For purposes of this section, the environmental impact mitigation fund is not subject to

subsection 2 of section 4.1-01-18.