# Title 85 — University and School Lands, Board of

## Article 85-02 — Energy Infrastructure and Impact Grants

## Chapter 85-02-03 — Grant Award

### § 85-02-03-01. Authority.

The board retains final authority to award grant funds.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15-01-02
### § 85-02-03-02. Signatures.

All correspondence, grant extension requests, grant allocation change requests, or other
presentations must be signed by the following:
1. A political subdivision--an appointed or elected government official.
2. An entity exempted from statutory political subdivision requirements--the primary executive or
the primary fiscal officer assigned the duties of managing grant communications, reports, and
reimbursement requests.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 57-62-05, 57-62-06
### § 85-02-03-03. Acceptance of grant.

A grant recipient shall receive written notification of the grant awarded by the board from the
director. The grant recipient shall acknowledge and return, within thirty days of the date of the notice,
the recipient's acceptance or declination of funds on a form provided by the director. If a recipient fails
to acknowledge acceptance of the grant funds within the thirty days, the board may declare the grant
award void.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15-01-02, 57-62-05
### § 85-02-03-04. Vendor registry.

A grant recipient must be registered with the office of management and budget as an active
participant to receive electronic payment transactions.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 57-62-05

### § 85-02-03-05. Grant period.

The length of a grant period is three years, unless otherwise adjusted by the board.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 57-62-05
### § 85-02-03-06. Progress report.

1. The grantee shall submit to the director a biannual progress report, prescribed by the energy
infrastructure and impact office. The biannual progress report must be received by the energy
infrastructure and impact office by the twentieth day of June and December of every year of
the project.
2. The director may conduct onsite project status visits to review and document utilization of the
grant. The director shall provide advance notice to the grantee of any project status visits. The
grantee shall provide the director with any project documentation upon request by the director;
assist with inspection of equipment purchased, completed construction, or review of any other
project expenditures; and provide a description of the remaining budget and timeline for the
project.
3. If a grantee is delinquent in submitting a progress report or does not comply with the project
status visit, the director may delay grant reimbursements.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 57-62-05
### § 85-02-03-07. Payment of grant.

1. Grant funds are distributed based on documentation of either expenditures for project
completion or asset acquisition, as approved by the director. Reimbursement may be
authorized in phases or based on the incurrence of expenditures by the grantee. A grantee
shall submit a request for reimbursement on forms prescribed by the energy infrastructure and
impact office in order to receive reimbursement. A request for reimbursement must include:
a. A vendor invoice; and
b. Documentation of payment or formal meeting minutes, if authority is required by a
governing body, which approves payment of project expenditures.
2. The director shall transmit the reimbursement electronically, if possible.
3. For final payment, the grantee shall submit a request for reimbursement no later than twenty
days after the end of the grant period.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 57-62-05
### § 85-02-03-08. Grant extension or retirement.

1. The grantee may submit a written request to the director if a grant project will not be
completed by expiration of the grant period. The request must be received by the director no
later than seventy-five days prior to expiration of the grant period. The request must detail:

a. The necessity for the request and the specific reasons why the project cannot be
completed by the end of the grant period;
b. The portion of the project completed since the grant was awarded;
c. The efforts the grantee has taken to complete the project prior to expiration of the grant
period;
d. The timeline for completion of the project; and
e. Any additional information requested by the director.
2. The grantee shall submit written notice to the director of a project's completion and any
remaining unused funds prior to the expiration of the grant period. If a project is not initiated, a
grantee shall submit written notice of project retirement to the director. The board may retire
the grant and return the remaining balance to the originating grant fund.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 57-62-05
### § 85-02-03-09. Changes to purpose or scope of project.

Funds must be used for the purpose or scope proposed in the grantee's application, unless a
grantee makes a written request to the director for authorization to modify the purpose or scope of the
project. The grantee must provide supporting documentation detailing the proposed modification.
Authorization for a modification may be granted, as follows:
1. A modification that does not change the overall project goals, as originally proposed, may be
approved by the director.
2. A modification that changes the overall project goals, as originally proposed, or reallocates the
funding to costs not included in the grantee's application may only be approved by the board.
History: Effective January 1, 2019.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15-01-02, 57-62-05
