North Dakota Code 24-02-37.3 – Flexible transportation fund – Budget section approval – Report
There is created in the state treasury the flexible transportation fund. The fund consists of eligible federal or state funding and any contributed private funds.
Terms Used In North Dakota Code 24-02-37.3
- Department: means the department of transportation of this state as provided by section 24-02-01. See North Dakota Code 24-01-01.1
- Director: means the director of the department of transportation of this state, acting directly or through authorized agents as provided in section 24-02-01. See North Dakota Code 24-01-01.1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- State highway system: means the system of state principal roads designated by the director of the department, the responsibility for which is lodged in the department. See North Dakota Code 24-01-01.1
1. The flexible transportation fund must be administered and expended by the director and may be used for the following:
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 and bridge 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.
2. All money derived from the investment of the flexible transportation fund or any portion of the fund, must be credited to the flexible transportation fund. The director shall monthly transmit all moneys collected and received under this chapter to the state treasurer to be transferred and credited to the flexible transportation fund.
3. The director must receive budget section approval for any project that utilizes more than ten million dollars from the fund except for projects that match federal or private funds and the amount utilized from the fund is fifty percent or less of total project costs.
Any request considered by the budget section must comply with section 54-35-02.9.
4. The director shall allocate at least twenty-five percent of motor vehicle excise tax collections deposited in the flexible transportation fund pursuant to section 57-40.3-10 for non-oil-producing county and township road and bridge projects as follows:
a. The funds must be allocated by the department to counties for projects or grants for the benefit of counties and organized and unorganized townships; b. The department shall establish criteria to distribute the funds; c. The funds must be used for the maintenance and improvement of county and township paved and unpaved roads and bridges; d. Priority must be given to projects that match federal funds and to projects that improve roadways that serve as local corridors; e. An organized township is not eligible to receive funding if the township does not maintain any roadways or does not levy at least eighteen mills for general purposes; and
f. For purposes of this subsection, “non-oil-producing county” means a county that received no allocation of funding or a total allocation of less than five million dollars under subsection 2 of section 57-51-15 in the most recently completed even-numbered fiscal year before the start of each biennium.
5. The director shall provide periodic reports to the budget section regarding the status of the fund and projects receiving allocations from the fund.