Northern Tier Network North Dakota - History of Legislative Action and Century Code

Anticipated annual costs projected at the time of project completion in 2009 were projected to be $1M per year. During the 2007-2009 biennium and the initial years of full operation, NTN-ND partners agreed not to set aside funds for budgeted hardware replacement so early operations and maintenance costs would be covered. During the 2009 Legislative session, when it was apparent that NTN-ND was not going to receive on-going funds, NTN-ND partners decided to use capital reserves to pay ongoing operating costs. To preserve additional funds for on-going operations, NTN-ND pursued external grant funding in order to complete additional routes north and south to connect to Canada’s network, Canadian Network for the Advancement of Research, Industry and Education (CANARIE), and to the South Dakota’ Research, Education & Economic Development (REED) network. As a result of NTN-ND expansion achieved through grant awards in 2010, the North Dakota University System revised its 2011-2013 budget request for NTN-ND operations from $1,691,399 to $1,572,200. (Source: ND Legislative Management Final Report 2011.) 

At the close of the 2017 Legislative session, the NTN-ND partners were informed by the NDUS that neither appropriated funds or NDUS reimbursements would be used to cover annual costs or operations and maintenance. As a result, NTN-ND partners agreed that no capital reserves or depreciation funds would be set aside at the end of FY17 in order to ensure those funds could be used to cover annual operations and maintenance for FY18. (Source: Analysis of 2017-19 Executive Budget. Supplement to the Report of the Legislative Management Budget Section. 65th Legislative Assembly. January 2017.)

North Dakota Century Code Governance of Research and Education Networks

The State Board of Higher Education  Chapter 15-10

§ 15-10-45 Telecommunications and information services competition prohibited. 

1. The northern tier network, part of a national research network infrastructure, serves entities within and outside this state. The North Dakota University System may use the northern tier network infrastructure only for the purpose of supporting the research and education missions of the North Dakota university system. The North Dakota university system may not use the northern tier network infrastructure for traditional internet, voice, video or other telecommunications services beyond those required for research networks. 
2. The North Dakota university system or any entity associated with the university system may not resell any portion of the northern tier network infrastructure to non-university entities other than research collaborators. 
3. The northern tier network may not replace any wide area network services to any city, county or school district which are provided by the information technology department under 54-59-08.
4. The North Dakota university system shall provide a comprehensive biennial report of northern tier network activities for the 2007-2009 biennium and must submit to a biennial audit of the northern tier network activities beginning with the 2009-11 biennium. 

North Dakota Information Technology Department Chapter 54-59

§ 54-59-05 Powers and duties of department. The department: 

13. May provide wide area network services to a state agency, city, county, school district or other political subdivision of this state. The information technology department may not provide wide area network service to any private, charitable or nonprofit entity except the information technology department may continue to provide the wide area network service the department provided to the private, charitable and nonprofit entities receiving services from the department on January 1, 2003.

14. Shall assure proper measures for security, firewalls and Internet protocol addressing at the state’s interface with other facilities.

15. Notwithstanding subsection 13, may provide wide area network services for a period not to exceed four years to an occupant of a technology park associated with an institution of higher education or to a business located in a business incubator associated with an institution of higher education. 

§ 54-59-08 Required use of wide area network services.

Each state agency and institution that desires access to wide area network services and each county, city and school district that desires access to wide area network services to transmit voice, data or video outside that county, city or school district shall obtain those services from the department. The chief information officer may exempt from the application of this section a county, city or school district that demonstrates its current wide area network services are more cost-effective for or more appropriate for the specific needs of that county, city or school district than wide area network services available from the department. 

Relationship between STAGEnet and NTN-ND

In its first comprehensive report to the Legislature in 2009, the relationship between STAGEnet and NTN-ND was clarified.

Upon completion of the network, NTN-ND is a backbone only network. It does not and will not provide connectivity beyond the points-of-presence (PoP) at designated sites across North Dakota. When fully operational, NTN-ND took the place of the North Dakota University System’s current Internet2 transport link. This link with connectivity from Fargo to Minneapolis had been in place since 2000. Prior to that, Internet2 research transport was accommodated by the Great Plains Network with a link from Fargo to Kansas City (1997-2000). Institutions not directly connected to a NTN-ND PoP, such as the remaining North Dakota University System institutions, now would need to have their Internet2-bound data - destined for out-of-state locations - transported over STAGEnet to the nearest NTN-ND point of presence (PoP). 

History of Legislative Action

Relevant Legislative action specific to NTN-ND funding and operations are listed in chronological order. Information is provided only for those Legislative Assemblies that resulted in actions with impacts to NTN-ND. 

2007 Sixtieth Legislative Assembly of North Dakota

House Bill No. 1003 

SECTION 19. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO SIXTY-FIRST LEGISLATIVE ASSEMBLY. 

The grand total appropriation in section 3 of this Act includes $28,382,068 from the general fund and $7,583,315 from the permanent oil tax trust fund for one-time funding items identified in this section. This amount is not part of the institutions' base budgets to be used in preparing the 2009-11 executive budget. The North Dakota university system shall report to the appropriations committees of the sixty-first legislative assembly on the use of this one-time funding for the biennium beginning July 1, 2007, and ending June 30, 2009.

Northern tier network infrastructure from permanent oil tax trust fund	$2,773,800
ConnectND system support	2,300,000
Common information system pool parity funding	420,000
Deferred maintenance	10,893,033
Capital projects	13,808,235
Capital projects from permanent oil tax trust fund	4,809,515
Campus initiatives	960,800
Total	$35,965,383

SECTION 21. LEGISLATIVE INTENT - NORTHERN TIER NETWORK. 

It is the intent of the sixtieth legislative assembly that higher education institutions utilizing the northern tier network be responsible for funding the related ongoing maintenance costs for the network.

2011 Sixty-second Legislative Assembly of North Dakota  

2011 North Dakota Legislative Management Bill and Resolution Summaries

Senate Concurrent Resolution No. 4003 - 

Northern Tier Network Technology Initiative. This concurrent resolution supports the Northern Tier Network Technology Initiative and the related activities of the Legislative Management’s Information Technology Committee. (Workforce Committee).

2017 Sixty-fifth Legislative Assembly of North Dakota 

Enrolled Senate Bill No. 2003 – Sixty-fifth Legislative Assembly of North Dakota – LC Number 17.0511.06000

SECTION 33. RESEARCH NETWORKS - REPORT TO THE LEGISLATIVE MANAGEMENT. 

During the biennium beginning July 1, 2017, and ending June 30, 2019, the state board of higher education, in association with the research institutions under its control, shall consider opportunities for collaboration on high-performance computing, data analytics, and connectivity to Minnesota research networks to improve access, increase capacity, and create efficiencies. The board may utilize appropriations and reserves designated for the northern tier network to accommodate continued use of existing research networks and to expand network capabilities. The board shall consider developing policies and procedures to authorize private entities to utilize the research network. During the 2017-18 interim, the state board of higher education shall provide a report to the legislative management regarding the status of efforts to collaborate with Minnesota entities for research network purposes. 

State Budget Actions for the 2017-2019 Biennium Including Supplemental and Statistical Information 

Regarding the State Budget. Prepared by the Legislative Council, State Capitol, Bismarck, North Dakota June 2017. 

2019 Sixty-sixth Legislative Assembly of North Dakota

Final Budget Status Report 

2021 Sixty-seventh Legislative Assembly of North Dakota