The Agriculture Commissioner is the Chairman of the Federal Environmental Law Impact Review Committee (FELIRC) - NDCC 4.1-01-18. FELIRC is comprised of twenty members, both public and private officials, with a diverse variety of subject matter expert specializations.
FELIRC reviews and responds to federal environmental legislation and regulations that may negatively affect the state's key industries. FELIRC may authorize funding for litigation and studies related to federal environmental laws under NDCC 4.1-01-19 and NDCC 4.1-01-21 and may also authorize funding for environmental mitigation projects related to wind energy and other energy-related projects under NDCC 4.1-01-21.1.
Correspondingly, NDCC 49-22-09.2 provides that the Agriculture Commissioner may partner with wind energy companies, other energy conversion facilities, and transmission facilities to mitigate environmental impacts from the construction and operation of those facilities. For example, the Agriculture Commissioner may purchase and hold working lands conservation easements on behalf of the State under NDCC 4.1-01-31. Administrative rules regulating the Working Lands Environmental Impact Mitigation Program are available at NDAC Art. 7-19.
Additionally, NDCC 4.1-01-20 says "The agriculture 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 of agriculture's website. Any moneys received in accordance with this section must be deposited in the federal environmental law impact review fund."
The following is a list of gifts, grants or donations to the fund that have been received thus far:
- ND Grain Growers Association - $3,000
- Crop Protection Product Harmonization and Registration Board (ND Department of Agriculture) - $225,000
- ND Department of Transportation - $75,000
- ND Beekeepers Association - $20,000
- ND Wheat Commission - $5,000
- ND Stockmen's Association - $5,000
- Independent Beef Association of ND - $500
- North Dakota Petroleum Council - $50,000
- North Dakota Lignite Council - $30,000
- ND Game and Fish - $100,000
Energy companies and landowners wanting additional information about the Working Lands Environmental Impact Mitigation Program and individuals or entities wishing to contribute to the federal environmental law impact review fund may contact the Department of Agriculture.
Federal Environmental Law Impact Review Committee (FELIRC) Contacts
Dutch Bialke
Legal Counsel / Policy Advisor
600 E. Boulevard Ave., Dept. 602
Bismarck, ND 58505
701-328-1496
bialkej@nd.gov