§ 24-02-37 — State highway fund - Priorities for expenditure - Use of investment income

The state highway fund, created by law and not otherwise appropriated and allocated, must
be applied and used for the purposes named in this section, as follows:
1. Except for investment income as provided in subsection 3, the fund must be applied in
the following order of priority:
a. The cost of maintaining the state highway system.
b. The cost of construction and reconstruction of highways in the amount necessary
to match, in whatever proportion may be required, federal aid granted to this state
by the United States government for road purposes in North Dakota.
Notwithstanding any other provision of law, the department of transportation may
repay the United States department of transportation for previous related
expenditures from current biennium appropriations to allow the department to
reobligate the federal aid to other federal aid projects.
c. Any portion of the highway fund not allocated as provided in subdivisions a and b
may be expended for the construction of state highways without federal aid or
may be expended in the construction, improvement, or maintenance of such state
highways.
2. All funds heretofore appropriated or hereafter appropriated or transferred to the
department, whether earmarked or designated for special projects or special purposes
or not, must be placed or transferred into a single state highway fund in the office of
the state treasurer and any claims for money expended by the department upon
warrants prepared and issued by the office of management and budget and signed by
the state auditor under this title must be paid out of the state highway fund by the state
treasurer; provided, however, that the commissioner shall keep and maintain complete
and accurate records showing that all expenditures have been made in accordance
with legislative appropriations and authorizations.
3. The state treasurer shall deposit the moneys in the state highway fund in an
interest-bearing account at the Bank of North Dakota. The state treasurer shall deposit
eighty percent of the income derived from the interest-bearing account in a special
interest-bearing account in the state treasury known as the special road fund. The
special road fund may be used, within the limits of legislative appropriation, exclusively
for the construction and maintenance of access roads to and roads within recreational,
tourist, and historical areas as designated by the special road committee. A political
subdivision, tribal government, or state agency may request funds from the special
road fund by applying to the committee on forms designated by the committee. The
committee may require the political subdivision, tribal government, or state agency to
contribute to the cost of the project as a condition of any expenditure authorized from
the special road fund. Any moneys in the fund not obligated by the special road
committee by June thirtieth of each odd-numbered year must be held for an additional
two years after which the funds revert to the state highway fund.