North Dakota Code § 54-44-04.6

State surplus property - Department heads to inform director - Disposition
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of property - Proceeds - Exchange of property.
1. The person in charge of any department, agency, or institution of the state shall inform 
the director of the office of management and budget or the director's designee 
whenever that department, agency, or institution possesses property surplus to its 
needs, whether originally obtained with state or other funds.
2. Political subdivisions may provide their surplus property to the office of management 
and budget for disposition according to subsections 3, 4, and 5.
3. Surplus property must be transferred at fair market value to state agencies, political 
subdivisions, and nonprofit organizations eligible to receive federal surplus property 
under the Federal Property Administrative Services Act of 1949, as amended. Eligible 
organizations must be notified of the availability of property on a regular basis.
4. If not disposed of under subsection 3, then by sale on sealed bids or at public auction 
to the highest and best bidder for property valued at more than three thousand dollars, 
with no money deposit required prior to sale, or by sealed bids, public auction, or 
negotiation at fair value for property valued at less than three thousand dollars. The 
office of management and budget may establish a program for the recycling and 
disposal of surplus property determined to be unsalable and may assess and collect 
service charges from the department, agency, institution, or political subdivision from 
which the property was received to cover direct and reasonable costs of this service.
5. All proceeds received from the transfer, sale, recycling, or disposal of surplus property 
must be deposited with the state treasurer for deposit in the surplus property operating 
fund. For each piece of property sold for less than three thousand dollars, all proceeds 
must be retained in the surplus property operating fund unless the office of 
management and budget determines the sale proceeds are subject to special 
requirements for distribution. For each piece of property sold for three thousand dollars 
or more, the office of management and budget shall transfer to the agency from which 
the property was received an amount equal to the proceeds of the sale less the 
administrative expenses of the sale. The agency shall deposit the proceeds into the 
fund from which the property was originally purchased. At the end of each biennium, 
the office of management and budget shall transfer all funds in the surplus property 
operating fund that exceed the amount needed for operating the surplus property 
function for one year to the general fund.

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