North Dakota Century Code Title 24. Highways, Bridges, and Ferries § 24-02-37.3. Flexible transportation fund--Budget section approval--State treasurer distributions to political subdivisions--Report (Retroactive application)

a. Providing a match for federal funding obtained by the department of transportation.

b. State-funded road and bridge construction and maintenance, and transportation support costs including staffing, facilities, and operational expenditures on the state highway system.

c. State-funded road, bridge, and other infrastructure construction and maintenance activities within the state but off of the state highway system. The director shall establish the terms and provisions of the program.

a. The following percentage of state funds deposited in the fund must be allocated by the director for grants to counties, cities, and townships in non-oil-producing counties for road and bridge repair and replacement projects:

b. Seventeen and one-half percent of state funds deposited in the fund must be allocated by the director for grants to eligible counties for bridge repair and replacement projects.

c. The director shall establish criteria to distribute the funds under this subsection. Priority must be given to projects that match federal or private funds and to projects that improve roadways that serve as local corridors. Priority for organized township road projects must be given to projects located in townships that levy at least eighteen mills for general purposes and have a general fund balance of less than one hundred thousand dollars as of December thirty-first of the prior year. Priority for unorganized township road projects must be given to unorganized township projects located in counties that levy at least eighteen mills for unorganized township road and bridge purposes. For purposes of determining the mills levied by a township or county, the director shall use the most recent mill rate data published by the tax commissioner.

d. The amount allocated to organized townships under this subsection must be paid by the county treasurer to each organized township and the amount allocated for unorganized townships under this subsection must be credited by the county treasurer to a special fund for unorganized township roads.

e. Any funds allocated under this subsection not committed by October first of each even-numbered year may be reallocated by the director for any other projects eligible for funding under this section.

a. Nine percent of state funds deposited in the fund must be distributed to non-oil-producing counties for the benefit of organized and unorganized township road needs using the distribution method in section 54-27-19.1. To receive an allocation under this subdivision, an organized township must levy at least eighteen mills for general purposes and have a general fund balance of less than one hundred thousand dollars as of December thirty-first of the prior year. To receive an allocation under this subdivision for unorganized townships, a county must levy at least eighteen mills for unorganized township road and bridge purposes. For purposes of determining the mills levied by a township or county, the state treasurer shall use the most recent mill rate data published by the tax commissioner.

b. Nineteen and one-half percent of state funds deposited in the fund must be distributed to non-oil-producing counties and cities for road, bridge, and other infrastructure projects using the formula established in subsection 4 of section 54-27-19.