N.D. Cent. Code ch. 4.1-01

in effect

N.D. Cent. Code § 4.1-01-01 Definitions

4.1-01-01. Definitions As used in this title, unless otherwise provided: 1. "Commissioner" means the agriculture commissioner or the designee or authorized representative of the commissioner. 2. "Department" means the North Dakota department of agriculture.

N.D. Cent. Code § 4.1-01-02 Salary of agriculture commissioner

4.1-01-02. Salary of agriculture commissioner The annual salary of the agriculture commissioner is one hundred forty thousand seven hundred eighty dollars through June 30, 2026, and one hundred forty-five thousand three dollars after that date.

N.D. Cent. Code § 4.1-01-03 Compelling attendance of witnesses and production of books and papers

4.1-01-03. Compelling attendance of witnesses and production of books and papers The commissioner may compel the attendance of persons at hearings before the commissioner, and the production of books and papers. The commissioner may examine witnesses under oath and may administer oaths. The commissioner's office must file and preserve any testimony taken by the commissioner.

N.D. Cent. Code § 4.1-01-04 Exhibits at fairs

4.1-01-04. Exhibits at fairs The commissioner shall have charge of the exhibits of products or resources of the state which are shown at any fair or exposition in the United States. The commissioner shall cooperate with any railroad company doing business in the state, and with any person interested in securing an exhibit at any fair or exposition in the United States.

N.D. Cent. Code § 4.1-01-05 Cooperation with federal agencies in destruction of predatory animals, destructive birds, and injurious field rodents

4.1-01-05. Cooperation with federal agencies in destruction of predatory animals, destructive birds, and injurious field rodents. 1. The commissioner may cooperate with the United States department of agriculture, animal and plant health inspection service, or other appropriate federal agency, in the control and destruction of: a. Fur-bearers and field rodents that are injurious to: (1) Livestock; (2) Poultry; or (3) Big and small game. b. Big game threatening human health or domestic livestock; and c. Birds causing crop damage or substantial economic loss or threatening human health. 2. The control and destruction of animals must be approved by the director of the game and fish department. The commissioner may enter written agreements with the animal and plant health inspection service or other appropriate federal agency, and the director of the game and fish department to determine: a. The methods and procedures for the control and destruction of the birds and animals; b. The extent of supervision required by the commissioner and the animal and plant health inspection service or other appropriate federal agency; and c. The use and expenditure of the funds appropriated by the legislative assembly for the control and destruction of the animals. 3. The commissioner, in cooperation with the animal and plant health inspection service or other appropriate federal agency, may enter agreements with other governmental agencies and with counties, associations, corporations, limited liability companies, or individuals for control and destruction of birds and animals under this section.

N.D. Cent. Code § 4.1-01-06 Expenditures authorized - Who to approve vouchers - Qualifications of hunters and trappers hired - When bounties not payable

4.1-01-06. Expenditures authorized - Who to approve vouchers - Qualifications of hunters and trappers hired - When bounties not payable. The commissioner may authorize expenditures from funds available for equipment, supplies, and other expenses, including expenditures for personal services of hunters and trappers, as may be necessary to execute the functions of the commissioner under section 4.1-01-05. Hunters and trappers employed under section 4.1-01-05 must be state residents. Hunters and trappers employed under section 4.1-01-05 are not entitled to bounty provided by state laws for the killing or extermination of birds and animals under that section. All vouchers for expenditures made by the commissioner under this section must be approved by the duly authorized agent of the animal and plant health inspection service or other appropriate federal agency.

N.D. Cent. Code § 4.1-01-07 Disposition of proceeds of furs, skins, and specimens taken

4.1-01-07. Disposition of proceeds of furs, skins, and specimens taken All furs, skins, and specimens taken by hunters and trappers paid out of funds appropriated to carry out section 4.1-01-05 must be disposed of in a manner the commissioner determines is in the best interest of the state. If furs, skins, or specimens are sold, the net proceeds of the sales, up to fifteen thousand dollars per biennium, must be used by the United States department of agriculture wildlife services to fund program activities benefiting the state's livestock producers.

N.D. Cent. Code § 4.1-01-08 Marketing bureau

4.1-01-08. Marketing bureau The commissioner shall establish and maintain a marketing bureau to gather and disseminate statistical information on any agricultural marketing problems of the state and to engage in marketing services of agricultural products. Any moneys received or generated by the pride of Dakota program must be deposited in the agriculture department operating fund in the state treasury.

N.D. Cent. Code § 4.1-01-08.1 International business and trade office - Advisory board - Continuing appropriation

4.1-01-08.1. International business and trade office - Advisory board - Continuing appropriation. 1. The commissioner shall administer the international business and trade office. The purpose of the office is to assist North Dakota businesses to expand exports to international markets by: a. Advocating for exporters; b. Offering export educational opportunities to North Dakota businesses; c. Researching and raising awareness of export opportunities, issues, and challenges impacting North Dakota businesses; d. Assisting North Dakota businesses in identifying, developing, and cultivating international markets for products; and e. Organizing and carrying out trade missions that seek to facilitate contact and communication between North Dakota businesses and international markets. 2. The commissioner may designate a nonprofit corporation incorporated in this state which has the primary purpose of assisting North Dakota exporters or contract with a third party for the provision of services for the international business and trade office. If the commissioner designates a nonprofit corporation or contracts with a third party under this subsection, all data and databases collected and created by the third party in performing services for the office are the property of the department and the third party. 3. The commissioner may seek and accept any gift, grant, or donation of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the international business and trade office. Any funds accepted under this subsection are appropriated to the commissioner on a continuing basis. 4. The commissioner may establish an international business and trade office advisory board with whom the commissioner may consult in administering the international business and trade office. Each member of the advisory board is entitled to receive per diem compensation at a rate established by the director not exceeding sixty-two dollars and fifty cents and reimbursement of expenses as provided by law for state officers, while attending meetings or performing duties directly related to board membership, except that per diem compensation under this section may not be paid to any member who receives compensation or salary as a regular state employee or official.

N.D. Cent. Code § 4.1-01-09 Certified beef program

4.1-01-09. Certified beef program The commissioner may collaborate with the state board of animal health, the North Dakota stockmen's association, North Dakota state university beef systems, and the United States secretary of agriculture to develop a source-verified and process-verified beef marketing program known as the certified beef program.

N.D. Cent. Code § 4.1-01-10 Sustainably grown in North Dakota - Application - Logo - Promotion of commodities

4.1-01-10. Sustainably grown in North Dakota - Application - Logo - Promotion of commodities. 1. The commissioner may implement a program to promote agricultural commodities sustainably grown in North Dakota. 2. If a program under subsection 1 is implemented, the program must require a producer to file an application with the commissioner. If a producer demonstrates the producer's growing practices with respect to a particular commodity meet the commissioner's established criteria for sustainability, the commissioner shall authorize the producer to label and market the commodity as being sustainably grown in North Dakota. 3. The commissioner may develop, and make available for use by authorized producers, a logo indicating the commodity is sustainably grown in North Dakota. The commissioner may actively support and promote the sale and use of products identified as sustainably grown in North Dakota. 4. The commissioner may establish and charge producers a fee for participating in the program. The commissioner shall forward all fees collected under this section to the state treasurer for deposit in the general fund. 5. The commissioner may engage in research and educate members of the public regarding agricultural commodities that are sustainably grown in this state. 6. For purposes of this section, "sustainably grown" means a crop grown using research-based practices resulting in: a. Increased efficiencies in soil and nutrient preservation; b. Decreased reliance on tillage and other soil-depleting practices; c. Increased efficiencies in the use of water; d. Increased efficiencies in the use of other necessary and measurable agricultural inputs; e. Increased yield efficiencies; and f. Greater economic benefit to producers.

N.D. Cent. Code § 4.1-01-11 Advisory committee on sustainable agriculture - Creation - Duties - Powers - Compensation - Report to legislative management - Continuing appropriation

4.1-01-11. Advisory committee on sustainable agriculture - Creation - Duties - Powers - Compensation - Report to legislative management - Continuing appropriation. Repealed by S.L. 2023, ch. 74, § 1.

N.D. Cent. Code § 4.1-01-12 Commodity groups - Agriculture commissioner - Meetings

4.1-01-12. Commodity groups - Agriculture commissioner - Meetings 1. The commissioner may participate, as a nonvoting member, in any regular or special meeting of a commodity group, including any executive session held by a commodity group. 2. Annually, the commissioner shall call a meeting of representatives from each commodity group to engage in collaborative efforts to promote and market agricultural commodities. 3. For purposes of this section, "commodity group" means the: a. North Dakota barley council; b. North Dakota beef commission; c. North Dakota beekeepers association; d. North Dakota corn utilization council; e. North Dakota dairy promotion commission; f. North Dakota dry bean council; g. North Dakota dry pea and lentil council; h. North Dakota oilseed council; i. North Dakota potato council; j. North Dakota soybean council; k. North Dakota turkey federation; and l. North Dakota wheat commission.

N.D. Cent. Code § 4.1-01-13 Publicly owned land - Noxious weed control or eradication

4.1-01-13. Publicly owned land - Noxious weed control or eradication 1. The commissioner shall arrange a noxious weed control or eradication program with all state and federal agencies owning, controlling, or having jurisdiction over land within the state. 2. Each weed control officer shall arrange a noxious weed control or eradication program with political subdivisions owning or controlling public land within the weed control officer's jurisdiction. 3. If a federal agency does not control or eradicate noxious weeds on land under its jurisdiction and does not develop a management plan for controlling or eradicating the noxious weeds, the appropriate weed control office shall notify the agency of the failure to control or eradicate the noxious weeds. The federal agency shall provide a report to the weed control authorities detailing the methods used by the federal agency and showing cause why the federal agency is not controlling or eradicating the noxious weeds. The commissioner may specify the forms on which the federal agency report must be submitted. 4. Upon being notified by a weed board of the federal agency's failure to control or eradicate noxious weeds, the commissioner may hold a public hearing to determine the reason for the failure.

N.D. Cent. Code § 4.1-01-14 Equine slaughter - Establishments

4.1-01-14. Equine slaughter - Establishments The commissioner shall monitor federal statutory and regulatory actions related to the slaughter of horses, mules, and other equines, and in particular, actions pertaining to the establishments in which the slaughter and preparation of the carcasses may take place. The commissioner may pursue or support federal legislative, regulatory, or contractual avenues allowing for the slaughter and processing of horses, mules, and other equines in this state, without the restriction that the slaughter or product preparation be conducted in establishments separate from any in which cattle, sheep, swine, or goats are slaughtered or their products are prepared.

N.D. Cent. Code § 4.1-01-15 Agricultural wetland credits - Database

4.1-01-15. Agricultural wetland credits - Database The commissioner shall create and maintain an electronic database of wetland credits available for purchase by an agricultural landowner.

N.D. Cent. Code § 4.1-01-16 Grape and wine advisory committee - Membership

4.1-01-16. Grape and wine advisory committee - Membership The commissioner shall appoint a grape and wine advisory committee. The committee must include: 1. Two individuals who are grape producers; 2. One individual who is the producer of a fruit, other than grapes, used in vinification; 3. Two individuals who own wineries located in this state; and 4. One representative of the North Dakota grape and wine association.

N.D. Cent. Code § 4.1-01-17 Pipeline restoration and reclamation oversight program - Generally

4.1-01-17. Pipeline restoration and reclamation oversight program - Generally 1. The commissioner shall establish a program providing technical assistance and support to surface owners and surface tenants on pipeline restoration and followup support to surface owners and surface tenants on pipeline reclamation. 2. The commissioner may contract for ombudsmen to be a resource for technical assistance and followup on pipeline issues. The ombudsmen may not investigate or assist with any pipeline installed before January 1, 2006, or regulated by the public service commission under title 49, and may not assist in easement negotiations. 3. The program may provide technical education, support, and outreach on pipeline- related matters in coordination with other entities. 4. The commissioner may contract with local individuals, deemed trustworthy by the surface owners and surface tenants, to be ombudsmen. The commissioner is not subject to the provisions of chapter 54-44.4 when contracting for the services of ombudsmen. 5. The names of surface owners and surface tenants who receive assistance under the program are closed records as defined in section 44-04-17.1.

N.D. Cent. Code § 4.1-01-18 Federal environmental law impact review committee

4.1-01-18. Federal environmental law impact review committee 1. The federal environmental law impact review committee consists of: a. The commissioner, who shall serve as the chairman; b. The governor or the governor's designee; c. The majority leader of the house of representatives, or the leader's designee; d. The majority leader of the senate, or the leader's designee; e. One member of the legislative assembly from the minority party, selected by the chairman of the legislative management; f. One individual appointed by the North Dakota corn growers association; g. One individual appointed by the North Dakota grain growers association; h. One individual appointed by the North Dakota soybean growers association; i. One individual appointed by the North Dakota stockmen's association; j. One individual appointed by the North Dakota farm bureau; k. One individual appointed by the North Dakota farmers union; l. The chairman of the public service commission or the chairman's designee; m. The director of the department of water resources or the director's designee; n. The director of the game and fish department, or the director's designee; o. The director of the department of transportation, or the director's designee; p. The director of the department of environmental quality, or the director's designee; q. One representative of an investor-owned utility company; r. One representative from the North Dakota association of rural electric cooperatives; and s. Two individuals from the energy community, of which one individual must be a representative of an organization that supports lignite energy in the state appointed by the commissioner and one individual must be a representative of an organization that supports oil and gas activity in the state appointed by the governor. 2. The committee shall review federal environmental legislation and regulations detrimentally impacting or potentially detrimentally impacting the state's agricultural, energy, or oil production sectors. The committee shall confer with the attorney general with respect to participation in administrative or judicial processes pertaining to the legislation or regulations. 3. a. Any member of the legislative assembly serving on the committee is entitled to compensation at the rate provided for attendance at interim committee meetings and reimbursement for expenses, as provided by law for state officers, if the member is attending meetings of the committee or performing duties directed by the committee. b. The compensation and reimbursement of expenses, as provided for in this subsection, are payable by the legislative council.

N.D. Cent. Code § 4.1-01-19 Environmental impact - Cost of participation

4.1-01-19. Environmental impact - Cost of participation 1. Any expenses incurred by the commissioner or by the federal environmental law impact review committee in meeting the requirements of section 4.1-01-18 must be paid by the commissioner from the federal environmental law impact review fund. 2. If the attorney general elects to participate in an administrative or judicial process pertaining to federal environmental legislation or regulations, which detrimentally impact or potentially detrimentally impact the state's agricultural, energy, or oil production sectors, any expenses incurred by the attorney general in the participation must be paid by the commissioner from the federal environmental law impact review fund. 3. For purposes of this section, "expenses" include administrative costs, consulting fees, research costs, expert witness fees, attorney fees, and travel costs.

N.D. Cent. Code § 4.1-01-20 Gifts - Grants - Donations

4.1-01-20. Gifts - Grants - Donations The commissioner may accept gifts, grants, and donations for the purposes set forth in section 4.1-01-19, provided the commissioner posts the amount and source of any gifts, grants, and donations on the department's website. Any moneys received in accordance with this section must be deposited in the federal environmental law impact review fund.

N.D. Cent. Code § 4.1-01-20.1 Bioscience innovation grant program - Continuing appropriation

4.1-01-20.1. Bioscience innovation grant program - Continuing appropriation 1. The commissioner shall collaborate with a local association having bioscience experience to develop and administer a bioscience innovation grant program through the bioscience innovation grant fund. The commissioner shall collaborate with the department of commerce when awarding bioscience innovation grants to coordinate the management of the commissioner's bioscience innovation grant program and the department of commerce's biotechnology grant program. 2. The commissioner shall collaborate with the committee established under subsection 5 to adopt rules and criteria necessary to administer the bioscience innovation grant program. The rules must include criteria for program eligibility, including requiring a bioscience business that receives funding through the program match up to fifty percent of the amount of the grant received. 3. The bioscience innovation grant fund is a special fund created in the state treasury. Moneys in the fund are appropriated on a continuing basis to the commissioner to award grants to: a. Support biotechnology innovation and commercialization in areas including crop genetics, biofuels, biomaterials, biosensors, and biotechnology in relation to food, nutrition, animals, humans, equipment, medical and health products and services, medical diagnostics, medical therapeutics, and farm-based pharmaceuticals; b. Promote the creation of bioscience jobs in the state to be filled by graduates from institutions under the control of the state board of higher education; c. Encourage the development of new bioscience technologies and bioscience startup companies in the state; d. Leverage the agriculture industry in the state to support the development of bioscience technologies impacting livestock operations and crop production; e. Promote bioscience research and development at institutions under the control of the state board of higher education; and f. Encourage coordination and collaboration among other entities and programs in the state to promote bioscience innovation goals. 4. A bioscience business operating in the state is eligible to receive a grant under the program if the business: a. Employs at least two employees; b. Has documented annual sales of less than two million five hundred thousand dollars; and c. Is a corporation, partnership, limited liability company, limited partnership, or limited liability partnership registered in the state. 5. The bioscience innovation program shall award grant funding through a committee consisting of: a. One representative from the department of agriculture appointed by the agriculture commissioner; b. One representative from the bioscience association of North Dakota appointed by the board of the bioscience association of North Dakota; and c. One representative from the department of commerce appointed by the commissioner of the department of commerce. 6. Grant funds awarded under this section may not be used for capital improvements, academic programming or curriculum, or workforce training.

N.D. Cent. Code § 4.1-01-21 Federal environmental law impact review fund - Continuing appropriation - Investments

4.1-01-21. Federal environmental law impact review fund - Continuing appropriation - Investments. 1. The federal environmental law impact review fund consists of: a. Any moneys appropriated or transferred for the purposes set forth in section 4.1-01-19; b. Any gifts, grants, and donations forwarded to the commissioner for the purposes set forth in section 4.1-01-19; and c. Any interest or investment earnings upon moneys in the fund. 2. All moneys in the federal environmental law impact review fund are appropriated to the commissioner on a continuing basis for the purposes set forth in section 4.1-01-19. The state treasurer may invest moneys in the fund in accordance with section 21-10-07.

N.D. Cent. Code § 4.1-01-21.1 Environmental impact mitigation fund - Report to legislative management - Continuing appropriation - Investments

4.1-01-21.1. Environmental impact mitigation fund - Report to legislative 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.

N.D. Cent. Code § 4.1-01-21.2 Low-carbon fuels fund - Continuing appropriation

4.1-01-21.2. Low-carbon fuels fund - Continuing appropriation 1. The low-carbon fuels fund is created as a special fund in the state treasury. The fund consists of all moneys transferred to the fund under section 39-04-39. The moneys in the fund are appropriated to the commissioner on a continuing basis to distribute low-carbon fuels incentives and carbon intensity verification under this section. 2. The commissioner shall distribute low-carbon fuels incentives to ethanol production facilities for eligible capital projects that increase the efficiency of a facility and decrease the carbon intensity of the production process. Distributions of low-carbon fuels incentives to an ethanol production facility are limited to fifty percent of the cost of eligible capital projects and may not exceed: a. Three million dollars per biennium; b. Cumulative distributions of ten million dollars per facility; and c. A period of ten years beginning with the first distribution to the facility. 3. For purposes of this section, "eligible capital projects" means construction of new infrastructure or replacement of existing infrastructure for carbon dioxide capture and storage, beneficial use of carbon dioxide, energy efficiency enhancements, or ethanol yield improvements. 4. The commissioner may use up to one million dollars from the fund to contract with an entity to develop a carbon intensity verification process. 5. At least once per biennium, the commissioner shall provide a report to the legislative management regarding the status of the fund, including the revenues deposited in the fund, the low-carbon fuels incentives distributed from the fund, and the balance of the fund.

N.D. Cent. Code § 4.1-01-22 Agriculture in the classroom program

4.1-01-22. Agriculture in the classroom program 1. The agriculture commissioner shall administer an agriculture in the classroom program with the advice of the agriculture in the classroom council. 2. The agriculture in the classroom council consists of seven individuals. The agriculture commissioner shall appoint six council members. The seventh council member is the superintendent of public instruction or the superintendent's designee. Annually, the council shall elect one of its members to serve as the chairman. 3. At the call of the chairman, the council shall meet at least twice each year, to confer with and advise the agriculture commissioner regarding issues related to the agriculture in the classroom program. 4. The agriculture commissioner may award grants and contract with any person for the provision of an agriculture in the classroom program, the development of agricultural curriculum activities applicable to students from kindergarten through grade twelve, and the training of teachers in agricultural curriculum activities. 5. The agriculture commissioner may: a. Consult and work with the superintendent of public instruction, the department of career and technical education, the United States department of agriculture, and any other public or nonpublic entities to provide and promote an agriculture in the classroom program; b. Prepare instructional, informational, and reference publications on the North Dakota agricultural economy and rural lifestyles; c. Provide training programs for public school teachers in agricultural curriculum activities; d. Encourage research on and identification of new instructional, informational, and reference publications relating to this state's agricultural economy and rural lifestyles; and e. Monitor the quality and condition of the agriculture in the classroom program. 6. The agriculture commissioner may accept and expend gifts, grants, and donations in support of the agriculture in the classroom program. If any gifts, grants, or donations are designated for a specific purpose, the commissioner shall honor the purpose provided the purpose is consistent with this chapter. 7. Members of the agriculture in the classroom council may not receive any compensation for their services on the council, but are entitled to be reimbursed for their expenses incurred in performing their duties in the amounts provided by law for state employees.

N.D. Cent. Code § 4.1-01-23 Wind energy restoration and reclamation oversight program

4.1-01-23. Wind energy restoration and reclamation oversight program 1. The agriculture commissioner shall establish a program that provides technical assistance, support, and outreach to property owners on wind property restoration and followup support to property owners on wind property reclamation. 2. The agriculture commissioner may contract for ombudsmen for purposes of being a resource for technical assistance and followup on wind property issues. The ombudsmen may not investigate or assist in any easement negotiations. 3. The agriculture commissioner may contract with local individuals, deemed trustworthy by property owners, to be ombudsmen. The agriculture commissioner is not subject to chapter 54-44.4 when contracting for the services of ombudsmen. 4. The agriculture commissioner shall work in cooperation with the public service commission to carry out the duties described in this section.

N.D. Cent. Code § 4.1-01-24 Livestock-friendly county designation

4.1-01-24. Livestock-friendly county designation 1. The commissioner shall establish a livestock-friendly county designation to recognize and assist efforts to develop, maintain, or expand livestock sectors within the counties of this state. 2. A county may apply to the commissioner to become designated as a livestock-friendly county. A county is eligible for the designation under this section if the county: a. Through its board of county commissioners, has adopted and enacted a resolution expressing interest in developing, maintaining, or expanding livestock production and processing sectors within the county; b. Intends to collaborate with all appropriate political subdivisions within the county to develop, maintain, or expand livestock production and processing sectors; c. Has submitted a plan detailing the necessary actions to develop, maintain, or expand livestock production and processing sectors; d. Has conducted and completed a study identifying suitable locations for rural economic development, including locations for confined animal feeding operations, agricultural processing facilities, agricultural storage facilities, and other agricultural-related development; and e. Has disclosed other existing or planned activities and initiatives within the county to develop, maintain, or expand livestock production and processing sectors. 3. If the commissioner determines a county has complied with the provisions in subsection 2, the commissioner publicly shall designate the county as a livestock- friendly county. 4. To retain the designation, a county shall submit an application to the commissioner every four years. 5. The commissioner may revoke a county's designation as a livestock-friendly county if the commissioner determines the county no longer meets the requirements for the designation under subsection 2. 6. The commissioner may adopt rules to effectuate the provisions of this section.

N.D. Cent. Code § 4.1-01-25 Regional livestock development and planning program - Grants

4.1-01-25. Regional livestock development and planning program - Grants 1. The commissioner shall administer a grant program to assist counties and regional planning councils, as defined in chapter 54-40.1, for livestock development planning. A county or a regional planning council may submit an application for assistance under this section to the commissioner. 2. The commissioner shall award grants to counties and regional planning councils for purposes of coordinating strategic planning and accommodating and encouraging investment in livestock production. Grants shall be awarded for the following activities: a. Identification of suitable locations for rural economic development, including animal feeding operations, agricultural processing and storage facilities, and other agricultural-related development. The following factors must be considered when identifying suitable locations for rural economic development: (1) Local zoning and land use regulations; (2) State permitting requirements; and (3) Availability of infrastructure and natural resources necessary to accommodate rural economic development projects. b. Review and updating of township zoning and land use regulations. 3. Grants awarded under this section may not exceed: a. Up to twelve thousand dollars for every county included in an application for activities described in subdivision a of subsection 2. b. Up to five hundred dollars for every township included in an application for activities described in subdivision b of subsection 2. 4. Any information created, collected, or maintained by the commissioner which identifies individual parcels of land for rural economic development is confidential and not subject to the open records requirements of section 44-04-18.

N.D. Cent. Code § 4.1-01-26 Postproduction royalty oversight program - Report

4.1-01-26. Postproduction royalty oversight program - Report 1. The commissioner shall establish a program providing technical assistance and support to mineral owners, lease owners, and mineral companies relating to royalty payment issues. 2. The commissioner may contract for ombudsmen to be a resource for technical assistance and followup on royalty payment issues. 3. The program may provide technical education, support, and outreach on royalty payment-related matters in coordination with other entities. 4. The commissioner may contract with local individuals, deemed trustworthy by the mineral owners, lease owners, and mineral companies, to be ombudsmen. The commissioner is not subject to the provisions of chapter 54-44.4 when contracting for the services of ombudsmen. 5. The names of mineral owners, lease owners, and mineral companies that receive assistance under the program are not subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. 6. The commissioner shall submit expenses related to the implementation of the program to the industrial commission for reimbursement. 7. By June first of each even-numbered year, the commissioner shall provide a report to the energy development and transmission committee.

N.D. Cent. Code § 4.1-01-27 Agriculture infrastructure grant program

4.1-01-27. Agriculture infrastructure grant program 1. The agriculture commissioner, in consultation with the director of the department of transportation, shall develop policies to administer the agriculture infrastructure grant program to include a grant application process and eligibility criteria. 2. The agriculture commissioner, in consultation with the director of the department of transportation, shall award grants to a county, township, or city with a population of one thousand five hundred residents or less, for road and bridge improvements necessary to accommodate value-added agriculture businesses. Grant funding under this subsection may be used for: a. Corridor improvements on city, county, and township roadways; and b. Improvements to roads or bridges that provide access to value-added agriculture businesses. 3. The agriculture commissioner shall award grants to entities for water and sewer line improvements and electrical and gas supply improvements necessary to accommodate value-added agriculture businesses. 4. Grants awarded under this section may not exceed: a. The lesser of one million two hundred fifty thousand dollars per project or eighty percent of the infrastructure project cost for grants awarded under subsection 2. b. The lesser of three hundred fifty thousand dollars per project or eighty percent of the capital improvement project costs for grants awarded under subsection 3. 5. For purposes of grant eligibility under this section, value-added agriculture businesses include the same businesses as provided under section 4.1-01.1-07. 6. Grant funding under this section may not be used for routine maintenance or operating costs.

N.D. Cent. Code § 4.1-01-28 Model zoning review task force - Report to the legislative management

4.1-01-28. Model zoning review task force - Report to the legislative management 1. Model zoning review task force consists of: a. The agriculture commissioner or the commissioner's designee, as chair. b. The director of the department of environmental quality or the director's designee. c. The executive director of the North Dakota Indian affairs commission or the director's designee. d. Two members from the North Dakota township association. One member must be an agriculture producer. e. Two members from the North Dakota association of counties. One member must be an agriculture producer. f. One member of the milk producers association of North Dakota. g. One member of the North Dakota stockmen's association. h. One member of the North Dakota pork council. i. One member of the North Dakota corn growers association. j. One member of the North Dakota soybean growers association. k. One member of the North Dakota farmers union. l. One member of the North Dakota farm bureau. m. One member of the North Dakota planning association. 2. The task force shall: a. Develop a new, or update a previously created model zoning ordinance during the 2023-24 biennium. b. Review low-density agriculture districts and applicable setbacks and uses. c. Review current zoning districts for the purpose of considering the impact of overlay districts. d. Provide a report to the legislative management on changes to the model zoning ordinance. e. Meet every five years to review and update the model zoning ordinance, if necessary. 3. The agriculture commissioner shall provide the task force with administrative services. 4. For purposes of this section "model zoning ordinance" means the most current model zoning ordinance related to animal feeding operations in this state.

N.D. Cent. Code § 4.1-01-29 Farm management program

4.1-01-29. Farm management program The commissioner shall implement and oversee a program to: 1. Coordinate new and existing farm management programs offered by a state agency, board, or commission; and 2. Create and expand marketing clubs as adjuncts to new and existing farm management programs.

N.D. Cent. Code § 4.1-01-30 Grasslands grazing grant program

4.1-01-30. Grasslands grazing grant program 1. The agriculture commissioner shall administer a grasslands grazing grant program to provide grants to organizations representing cooperative grazing associations in the state. 2. a. An organization that receives a grant under this program may distribute the funding to cooperative grazing associations for eligible infrastructure projects, which must be located on national grasslands within the state. b. Eligible infrastructure projects include: (1) Water development. (2) Fencing. (3) Conservation initiatives. (4) Compliance with federal permitting requirements, including fees for professional services. (5) Other projects to enhance wildlife habitat, capture carbon, or increase the health of grasslands. c. Program participants shall develop and implement a grazing land plan in compliance with local soil conservation district guidance, and the plan must be approved by the local soil conservation district. 3. To be eligible for a grant, an organization shall provide one dollar of matching funds from nonstate sources for every four dollars of grant funding. The agriculture commissioner shall establish additional guidelines for the program.

N.D. Cent. Code § 4.1-01-31 Conservation easement or leasehold

4.1-01-31. Conservation easement or leasehold The commissioner may purchase and hold an easement or leasehold in the name of the state to administer this title. The commissioner shall terminate any easement or leasehold if the easement or leasehold is no longer necessary.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t04-1c01.pdfFetched: 10/16/2026