North Dakota Clean Water, Wildlife and Parks Amendment, Measure 5 (2014)

	Total campaign cash ; as of December 3, 2014
Support:	$798,375
Opposition:	$577,950

2014 measures
June 10
	Measure 1
November 4
	Measure 1
	Measure 2
	Measure 3
	Measure 4
	Measure 5
	Measure 6
	Measure 7
	Measure 8
Endorsements
Expenditures

Measure 5
Type	Constitutional amendment
Origin	Citizens
Topic	Environment
Status	Defeated

The North Dakota Clean Water, Wildlife and Parks Amendment, Measure 5 was on the November 4, 2014 ballot in North Dakota as an initiated constitutional amendment, where it was defeated. The measure, upon voter approval, would have redirected five percent of the state's oil extraction tax revenue to a Clean Water, Wildlife, and Parks Trust (the "trust") and a Clean Water, Wildlife, and Parks Fund (the "fund").^[1]

Of the revenue received from the oil extraction tax, 90 percent would have been deposited into the fund, while 10 percent would have been deposited into the trust.

The fund would have been used to provide grants to public and private agencies to aid their work in improving water quality, natural flood control, fish and wildlife habitat, parks and outdoor recreation areas, access for fishing and hunting, land acquisition for parks and outdoor education for children. The fund would have been governed by a Clean Water, Wildlife, and Parks Commission, which would have been comprised of the governor, attorney general and agriculture commissioner. A Citizen Accountability Board would have been appointed for three-year terms to review grant applications and make recommendations to the commission.

The principal and earnings of the trust could not have been used until after January 1, 2019, and only with a two-thirds majority vote in the North Dakota Legislature.

The initiative would have required that every twenty-five years, voters be able to decide on the question of whether to continue the fund’s financing from the oil extraction tax.

The amendment would have gone into effect on January 1, 2015.^[1]

The measure was sponsored by North Dakotans for Clean Water, Wildlife and Parks.^[2]

Election results

North Dakota Measure 5
Result	Votes	Percentage
d No	199,305	79.38%
Yes	51,775	20.62%

Election results via: North Dakota Secretary of State Office

Text of measure

Ballot title

The official ballot text was as follows:^[3]

“

Initiated Constitutional Measure No. 5

This initiated measure would add a new section to article X of the North Dakota Constitution creating the Clean Water, Wildlife, and Parks Trust (the “Trust”) and the Clean Water, Wildlife, and Parks Fund (the “Fund”) to be financed by five percent of the revenues from the State’s share of oil extraction taxes. Ten percent of that amount of annual revenues would be deposited in the Trust with the principal invested by the State Investment Board; the earnings from the Trust would be transferred to the Fund to be spent on programs after January 1, 2019. Ninety percent of the annual revenues would be deposited into the Fund to be used to make grants to public and private groups to aid water quality, natural flood control, fish and wildlife habitat, parks and outdoor recreation areas, access for hunting and fishing, the acquisition of land for parks, and outdoor education for children. The Fund would be governed by a Clean Water, Wildlife, and Parks Commission comprised of the governor, attorney general, and agriculture commissioner. A thirteen-member Citizen Accountability Board would be appointed for three-year terms to review grant applications and make recommendations to the Commission. Every twenty-five years, the people would vote on the question of whether to continue the financing from the oil extraction taxes.

YES - means you approve the measure summarized above.

NO - means you reject the measure summarized above. ^[4]

”

Constitutional changes

See also: Article X, North Dakota Constitution

The initiative, had it been approved, would have added a new section to Article X of the Constitution of North Dakota.^[1]

Note: Hover over the text and scroll to see the full text.

Amendment

1. The people of North Dakota create the clean water, wildlife, and parks trust to protect our clean water, wildlife and parks for the benefit of people as provided herein.

2. There is created a clean water, wildlife, and parks fund that shall be used for grants to state agencies, tribal governments, local governments, political subdivisions, and nonprofit organizations for the following purposes:

a. Protect, improve, maintain, or restore water quality through the restoration and protection of rivers, streams, lakes or other surface waters, groundwater, wetlands, grasslands, prairies, or forests;

b. Improve natural flood control through the restoration or protection of natural areas along rivers, streams, lakes or other surface waters, groundwater, wetlands, grasslands, prairies, and forests;

c. Protect, restore, or create wildlife and fish habitat through voluntary programs on private lands, including working farms and ranches, and public lands through grassland, prairie, wetland, stream, lake, and forest restoration, creation, and protection;

d. Conserve or acquire natural areas, parks, and other recreation areas or provide access for hunting and fishing; or

e. Create more opportunities and places for children to learn about and enjoy nature and the outdoors.

3. There is created a clean water, wildlife and parks commission that shall be comprised of the governor, attorney general and agriculture commissioner. The commission shall govern the fund in accord with this section. Any money deposited in the clean water, wildlife, and parks fund is hereby appropriated to the commission on a continuing basis for expenditure upon those programs selected by the commission as provided in this section. The commission shall keep accurate records of all financial transactions performed under this section.

4. The commission may employ staff and enter into public and private contracts as may be necessary to operate the fund. The salaries of employees and other expenditures for the operation of the fund must be paid out of the fund. No more than three percent of the funds available in a given year may be paid out of the fund to operate the fund.

5. The commission must allocate no less than seventy-five percent nor more than ninety percent of the revenue deposited in the fund on an annual basis. Ten percent of earnings of the fund shall be reserved and transferred on an annual basis to the trust established in this section.

6. The commission may not use the fund, in any manner, to finance:

a. Litigation;

b. Lobbying activities;

c. Activities that would unduly interfere, disrupt, or prevent the development of mineral rights;

d. Projects outside this state or projects that are beyond the scope of defined activities that fulfill the purposes of this section;

e. More than fifty percent of grant awards per biennium for any one stated purpose;

f. The acquisition of land through condemnation or the use of eminent domain; or

g. Compliance with legal mitigation requirements of any local, state, or federal permit or grant.

7. The principle and earnings of the trust may not be expended until after January 1, 2019, and an expenditure of principle after the date requires a vote of at least two-thirds of the members elected to each house of the legislative assembly. The state investment board shall invest the principal of the trust. The state treasurer shall transfer earnings of the trust accruing after January 1, 2019, to the fund established in this section at the end of each fiscal year.

8. Each regular legislative session, the commission must file a report to the citizens of the state at a public hearing before each house of the legislative assembly. The report must include a state auditor's report on the clean water, wildlife, and parks trust and clean water, wildlife, and parks fund for the previous two fiscal years.

9. There is created a citizen accountability board consisting of thirteen members. The board shall provide grant recommendations to the commission in accord with the purposes stated in this section. The board members must be qualified electors of the state and shall be appointed as follows:

a. Four citizen members appointed by the governor, upon the recommendation of the director of the game and fish department;

b. Two citizen members appointed by the governor, upon the recommendation of the director of the parks and recreation department;

c. One citizen member appointed by the governor, upon the recommendation of the indian affairs commission;

d. Two members of the state senate, appointed by the president pro tempore, with equal representation from the two largest political parties in the senate;

e. Two members of the house of representatives, appointed by the speaker, with equal representation from the two largest political parties in the house;

f. One energy industry representative to be appointed by the public service commission; and

g. One farmer or rancher to be appointed by the agriculture commissioner.

10. The terms of members of the citizen accountability board will be three years, except the terms of the initial board will vary and be drawn by lot to ensure that no more than five members be subsequently appointed each year. Board members may not serve more than three terms. The board shall select a chairman from among the members. Nine voting members is a quorum at any meeting.

11. In making appointments to the citizen accountability board, consideration shall be given to the practical experience and demonstrated knowledge in one or more of the following areas:

a. Science, policy, or practice of natural resources, conservation, or tribal lands;

b. Restoring, protecting, and enhancing groundwater or wetlands;

c. Conservation practices, including professional or volunteer work restoring and protecting working agricultural lands, wetlands, prairies, forests, and habitat for fish, game, and wildlife; or

d. The maintenance and management of public parks and recreation areas.

12. This constitutional provision shall be self-executing and shall become effective without the necessity of legislative action.

13. The initial members of the citizen accountability board shall be appointed within ninety days after the effective date of this section. Grant applications shall be considered within three hundred sixty-five days of the effective date of this section and grant applications shall be considered at least annually thereafter.

14. The state treasurer shall reserve five percent of the state’s share of total revenue derived from oil extraction taxes for the purposes described in this section. Ten percent of the funds so reserved shall be transferred by the state treasurer into the clean water, wildlife, and parks trust within thirty days after the end of each calendar quarter. Ninety percent of the funds so reserved shall be transferred by the state treasurer into the clean water, wildlife, and parks fund within thirty days after the end of each calendar quarter.

15. Upon voter approval of this measure, the provisions of subsections 13 through 15 herein shall be authorized and continue until the next general election held after twenty-five years from the effective date of this section. In that general election, the secretary of state shall place a question, for approval or rejection by the people, of whether the funds reserved as provided in subsection 14 shall continue. The question presented shall include a report from state investment board indicating the then- existing balance of the clean water, wildlife, and parks trust and the annual estimated earnings to be provided to the clean water, wildlife, and parks fund. At the next statewide general election held twenty-five years after a reauthorization under this section, the issue of whether the reservation of funds described in subsection 14 herein shall be resubmitted to the voters for approval or rejection, accompanied by the report as directed herein. If a majority of the voters fail to approve the continued reservation of funds, subsections 13, 14, and 15 herein shall terminate on the first day of the calendar quarter following the date it is rejected by the voters.^[4]

Support

North Dakotans for Clean Water, Wildlife and Parks (NDCWWP) led the campaign in support of the measure.^[2]

Supporters

Organizations

Pheasants Forever^[2]
Ducks Unlimited
Audubon Society
The Nature Conservancy
National Wildlife Federation
The Conservation Fund
The UND Wildlife Society
National Park Conservation Association
Quality Deer Management Association
Izaak Walton League of America
Theodore Roosevelt Conservation Partnership
Dakota Outdoors
North Dakota Wildlife Federation
North Dakota Natural Resources Trust
North American Grouse Partnership
North Dakota Beekeeper’s Association
North Dakota Chapter National Wild Turkey Federation
North Dakota Chapter of the Wildlife Society
Badlands Conservation Alliance
Grand Forks County Prairie Partners
Barnes County Wildlife Federation
Stutsman County Wildlife Federation
Cass County Wildlife Club
Lewis and Clark Wildlife Club
Friends of Theodore Roosevelt National Park
Missouri Valley Shooting Sports Association
Sporting Chance

Businesses

Great Northern Bicycle Co.^[2]

Arguments

A video ad put out by North Dakotans for Clean Water, Wildlife & Parks.

Howard Vincent, CEO of Pheasants Forever, Inc., called the initiative "uniquely North Dakotan."

“

Those of you who have been in North Dakota for a long time see it on every drive: Disappearing grasslands. Drained wetlands. Contaminated waterways. Duckless skies. Fields without pheasants and songbirds. Fewer monarchs and honeybees pollinating our crops.

With nearly 2 million acres of lands converted from wildlife habitat to production, the North Dakota we all know and love is changing before our eyes.

The question is, what are we going to do about it?

The oil boom and higher crop prices mean that North Dakota is enjoying economic growth like it’s never seen before; but that prosperity is coming at a cost, and we need to think ahead...

Also, dedicating funding to clean water, wildlife and parks is akin to opening a savings account for your children’s future. Funding must be in place for future generations of North Dakotans, and this gas-extraction tax is a straightforward and painless way to accomplish that goal.

And, it’ll all be done without taking away from other important needs in the state. It won’t increase North Dakotans’ taxes, and it won’t impact other critical services.

All it does is ensure that at least some of the proceeds from this remarkable economic boom get directed back to the very land that’s providing it...

It’s incumbent upon every North Dakota voter to ask what the real motivations are behind the opposing groups. Remember, this amendment is built upon a simple allocation of the existing gas and oil extraction tax. All of the funds stay in North Dakota. All the funds will be used to protect the North Dakota natural resources we love.

It’s a wise investment in our collective future. ^[4]

”

—Howard Vincent^[5]

Jim Fuglie, former director of the North Dakota Department of Tourism, said the amendment would "benefit farmers."

“

As a nearly lifelong Farmers Union member, I want to reassure members of the conservation community that Watne’s recent letter about the Clean Water, Wildlife and Parks Amendment does not reflect the feelings of most rank and file Farmers Union members.

And I want to correct a few misstatements he made.

Watne charges that “out of state groups” are trying to undermine agriculture. That’s not true. In addition to being a Farmers Union member, I’ve been a member of two of the major sponsors of this measure, Pheasants Forever and Ducks Unlimited, throughout many of my years as a hunter and conservationist, as have more than 10,000 current North Dakota members of those organizations.

We’re not from out of state, and we’re not “hostile to the ag industry” as Watne claims. We know that farmers — who make habitat for the birds we hunt — are our best friends. We’d hardly want to undermine them...

Watne says that the measure will create a “private fund” in our constitution and give nonprofit groups hundreds of millions of dollars to buy land. Again, that’s not true, and he knows it.

All funds that go into the new program are controlled by a committee made up of the governor, the attorney general and the agriculture commissioner. They have to approve every penny that is spent from that fund.

I’m pretty sure they are not going to allow it to be used to compete for land with farmers.

As president of Farmers Union, Watne is entitled to his own opinion on these things; but he represents the members of an organization, and he can’t just make up his own facts.

At last fall’s state Farmers Union Convention, members voted to reject a statement opposing the conservation measure. I expect there is pretty broad general support from Farmers Union members for this measure. ^[4]

”

—Jim Fuglie^[6]

Other arguments made in support of the initiative included:

Holly Dickson, a business owner from Mandan, said, "There are few times when we are able to take control of our future, when we can help make sure our kids have a wonderful place to grow up and someday raise their own families. Our state is blessed to have world-class hunting and fishing, amazing landscapes like the Badlands, a rich agricultural heritage, and areas where our kids can play and learn about the natural world. With this ballot measure we have a once-in-a-lifetime opportunity."^[7]

Campaign contributions

Supporters had received $798,375 in contributions as of December 3, 2014.^[8]

PAC info:

PAC	Amount raised	Amount spent
North Dakotans for Clean Water, Wildlife and Parks	$798,375	$645,774
Total	$798,375	$645,774

Top contributors:

Donor	Amount
The Nature Conservancy	$600,000
David Grohne	$50,000
John Childs	$50,000
Pheasants Forever	$50,000
The Conservation Fund	$15,000
Delta Waterfowl	$7,500
National Wildlife Federation	$6,000
Paul Egland	$5,000
Frank and Mary Jo Andrea Larson	$5,000
Joseph and Katherine Satrom	$2,000

Opposition

A television ad put out by NDCSC.

North Dakotans for Common Sense Conservation (NDCSC) led the campaign against the measure.^[9]