AGO 81-024.

• Case Date: March 13, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-024. OPINION 81-24Date Issued: March 13, 1981 (AGO 81-24) Requested by: John Steven Lesmeister, State Treasurer- QUESTION PRESENTED - Whether section 15-40.1-13 of the North Dakota Century Code (N.D.C.C.) is consistent with Section 35 of the Mineral Land Leasing Act of 1920 as amended by the Federal Land Policy and Management Act of 1976.- ATTORNEY GENERAL'S OPINION - It is my opinion that section 15-40.1-13, N.D.C.C., is consistent with section 35 of the Mineral Land Leasing Act of 1920 as amended by the Federal Land Policy and Management Act of 1976. - ANALYSIS - Section 35 of the Mineral Land Leasing Act of 1920, as subsequently amended prior to 1971, granted the states the authority to use the federal money received under the Act "for the construction and maintenance of public roads or other public educational institutions, as the legislature of the State may direct. . . ." 30 USC 181. The Federal Land Policy and Management Act of 1976 (FLPMA) amended Section 35 of the Mineral Land Leasing Act of 1920. Section 317 of FLPMA provides that money paid to any state on or after January 1, 1976, is to be used by the state and its subdivisions "as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by the development of minerals leased under this Act, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service. . . ." 30 USC 191. (Emphasis supplied). Section 15-40.1-13, N.D.C.C., authorizes the distribution of this federal money for state school aid purposes. It states:

All moneys paid to the state by the secretary of the treasury of the United States under the provisions of an Act of Congress of February 25, 1920, chapter 85, 41 Statutes at Large, page 437, entitled "An Act to Promote the Mining of Coal, Phosphate, Oil, Oil Shale, Gas, and Sodium on

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