SB 613

This bill provides that Devil’s Lake State Park (the park) has various rights, including the right to flourish, evolve, and be clean (commonly known as “rights of nature”). The bill prohibits any government entity or business from conducting activities that infringe upon these rights. The bill also prohibits any state agency or department from conducting, authorizing, licensing, permitting, or funding any activities that infringe upon these rights.

Under the bill, the attorney general is authorized to enforce the rights conferred upon the park and any individual may file a legal action, or intervene in any legal action, in the name of the park to enforce these rights. Violations committed by a government entity or business are punishable by a forfeiture of $1,000 for each violation. In addition, any agency or department of the state, and any government entity or business, that violates these rights is liable for damages caused to the park, which must be assessed in the amount necessary to restore the park to the condition that existed before the violation was committed or in the amount the court determines will adequately mitigate the damage.

The bill requires every state agency and department to review existing and proposed agency or department activities, and all laws, administrative rules, and policies administered by the agency or department, to identify violations of the rights of the park and take necessary steps to remedy any violations.

Finally, the bill requires the Department of Natural Resources to complete an environmental study of the park, to include identification of degraded, damaged, or destroyed ecosystems or species. The bill requires DNR, within five years, to complete a full restoration of the park, beginning with any ecosystems or species identified in their environmental study.