North Dakota Century Code Title 4.1. Agriculture § 4.1-01-21.1. Environmental impact mitigation fund--Report to legislative management--Continuing appropriation

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. All moneys in the fund are appropriated to the commissioner on a continuing basis for disbursement by the commissioner in accordance with this section.

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

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 chapter 49-22 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.