This text of North Dakota § 4.1-01-21.1 (Environmental impact mitigation fund - Report to legislative management - Continuing appropriation - Investments) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 sim
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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.