N.D. Cent. Code § 23.1-12-24

If the cost of any extraordinary authorized action under this chapter exceeds amounts awarded to the department from the federal government, the department may pay the department's corrective actions costs, including the cost of investigating a release, if the board finds that the cause was a petroleum substance, that an adequate amount exists in the fund to pay for the corrective action, that the occurrence was extraordinary in scope and size, and that a danger to the health and safety of citizens exists.