The director may enter an agreement with a county or city for the cooperative or joint administration of an activity that will enhance the efficiency and effectiveness of the state highway system. The terms of the agreement supersede sections 24-02-36 and 24-02-37 or any other state law governing the use of state, county, or city highway funds.
24-02-45.1. Cooperative agreements with private entities for the construction of certain items on the state highway system. Notwithstanding any other provision of law, the director may enter a cooperative agreement with a private entity for the construction of an item on the state highway system which will benefit the private entity and the traveling public, as determined by the director. The private entity's cost-share of the items requested to be added to the state highway system must be paid for in advance of the construction by the private entity before the department can construct the project. Funds received by the department pursuant to this section must be deposited in the state highway fund as prescribed by section 24-02-41 and are appropriated to the department. If the department requires engineering or contracting services for a project under this section, it
may provide the services or procure the services in accordance with section 24-02-07.3 and 24-02-17.
24-02-45.2. Lease agreements with public and private entities for radio tower space - Continuing appropriation. Notwithstanding any other provision of law, the director may lease space on the forty-five department-owned radio tower locations in existence on December 31, 2020, to private entities, if the private entities have been unable to secure space on an existing tower that would provide comparable service coverage. The director shall ensure market rates are charged for a lease entered with a private entity after June 30, 2021. Funds received by the department pursuant to this section must be deposited in the state highway fund as prescribed by section 24-02-41 and are appropriated to the department on a continuing basis.
24-02-45.3. Cooperative agreements - Federal transportation-related aid and safety and mobility. The director may enter into cooperative agreements with any transferee under section 54-27-19 or any federal agency operating a national park and may expend highway fund moneys pursuant to legislative appropriations to match federal funds for the purposes of providing assistance with the assessment, design, and construction of projects to improve the safety and mobility of people or goods in the state.
24-02-45.4. Cooperative agreement with Theodore Roosevelt national park for the maintenance of roadways off of the state highway system. Notwithstanding any other provision of law, the director may enter a cooperative agreement with the Theodore Roosevelt national park for the joint maintenance of the park's transportation network, off of the state highway system, for use by the traveling public. The director may expend moneys from the state highway fund within the limits of legislative appropriations for the maintenance of roadways within the Theodore Roosevelt national park, provided the director requires the Theodore Roosevelt national park to reimburse all department costs.
24-02-45.5. Reimbursable federal electric vehicle infrastructure grants - Agreements with public or private entities for the administration of federal aid programs - Report. 1. Notwithstanding any other provision of law but subject to legislative appropriation, the director may enter agreements and may accept any federal or nonstate funds for the administration of reimbursable electric vehicle charging grant programs. a. The director may enter an agreement with any person for the administration, approval, and inspection of a project to be constructed by a public or private entity, or a political subdivision. b. The cost-share for any project may consist only of federal, public, political subdivision, or private funding. c. A political subdivision may not have an ownership interest in an electric vehicle charging station. d. Any federal formula funding for reimbursement grants must be at least ten percent of the cost-share for a project, but may not exceed eighty percent. e. The director may establish criteria for the grants and determine a reasonable grant reimbursement cost-share or limit for the project in accordance with federal aid provisions. 2. In accordance with the federal formula program, the director shall establish criteria for the consideration of operation and maintenance costs of the electric charging stations in the grant award. 3. Before July 1, 2024, the department of transportation shall present a report to the legislative management regarding an update on the deployment and administration of electric vehicle charging stations.