North Dakota operates WITHOUT a state no-in-training (NIL) statute — as does South Dakota, providing strategic flexibility but no “safe harbor.” NDSU phased out the Green and Gold Collective (July 2025), replacing it with an internal “Green and Gold Fund” through Team Makers. UND maintains a hybrid model with 1883 Collective + Sioux Shop Authentics licensing (76+ athletes). FCS Reality: $20.5M cap = 70-80% of total budget (~$25-30M); “soft cap” strategy aims to keep athletes at $1-3M. NDSU Charity Day raised $490,154. NDHSAA allows high school NIL (June 2022) with strict intellectual property rules. The Sluka incident in Nevada confirms internationalization. Here is the complete guide.
The Evolution of NIL in North Dakota
North Dakota’s “institutional integration” model represents a decisive shift from third-party collectives to university-controlled NIL operations, ending the “Wild West” era.
No State NIL Statute — Strategic Flexibility:
- There is NO state law in North Dakota that directly regulates NIL
- Strategic advantage: universities have wide latitude to adapt
- No conflicts with strict state statutes regarding institutional support
- Disadvantage: Lack of specific “safe harbor” provisions
- Open Records Vulnerability: NIL Data Potentially Exposed to Freedom of Information Act
NDSU and UND agreed to the House agreement:
- Both universities applied by the June 2025 deadline
- Deregulation of the roster: 105-player limit for football (up from 63 scholarships)
- The “consolidation of commitments” provision is mentioned as the main driving force — to adhere to existing commitments
- Supports competitiveness in Division I athletics
NDSU: Full Internalization — Green and Gold Fund:
- July 2025: Phased out external “Green and Gold Team”
- Replaced by internal “Green and Gold Fund” via Team Makers
- NIL = core business function of the athletic department (not external “enhancing” activity)
- Contributions count towards priority points/Team Maker membership
- Contributions advertised as “tax deductible” (an advantage over collective contributions from the “grey area”)
- Partnership with Learfield: Installing NIL Business Manager on-site
UND: Hybrid partnership model:
- Maintains partnership with “1883 Collective” (not terminated)
- The team is engaged in commercial agreements with third-party companies while the university prepares internal systems.
- Sioux Shop Authentics: Licensing Program (over 76 athletes participating)
- Athletes sign licensing agreement; earn money from selling custom-made T-shirts/apparel
- “NIL Exchange in North Dakota” via Teamworks Influencer (marketplace)
- UND clearly “does not participate in negotiations” on the platform – legal separation is maintained
The Economic Reality of FCS — “Soft Capitalization”:
- Total NDSU/UND athletic revenue: ~$25-30 million annually
- Limit $20.5 million = 70-80% of total operating budget
- Complete funding restriction = financially impossible
- “Soft capitalization” strategy: target fund maintenance of $1-3 million per year
- Focus: Retain key starting players in football/basketball; prevent transfers in FBS
NDSU Charity Day Results (October 2025):
- Raised $490,154 from 738 donors for the Green and Gold Fund
- Impressive for FCS, but highlights the scale of the challenge
- To fund $2 million annually: you will need to successfully host 4 Charity Days per year
- Team Makers integration = receiving regular income from season ticket holders
Nevada Warning — “Slut’s Risk”:
- September 2024: UNLV quarterback Matthew Sloka left midseason
- Allegation: Coach verbally promised $100,000; team only paid $3,000
- “Agency problem”: Coaches made promises that the outside team did not agree to
- NDSU internalization = promise made by entity = entity signature verification
- Eliminates the “Sluka risk” of unfulfilled collective promises
Why North Dakota matters:
North Dakota’s “institutional integration” model documents the decisive end of the era of third-party collective action. NDSU’s full internalization (Green and Gold Fund) contrasts with UND’s hybrid approach (1883 Collective + Sioux Shop Authentics). FCS Economic Reality: $20.5M cap = desirable cap; “soft cap” targets $1-3M retention fund. No state statute = flexibility but open records vulnerability. Nevada’s Slutsky incident confirms the internationalization strategy.
NIL Rules at North Dakota College
Without a state charter, North Dakota institutions operate under NCAA rules and House settlement terms with a high degree of institutional leeway—NDSU is fully internalized, UND maintains a hybrid model.
What North Dakota offers:
- Revenue sharing allowed (limit of $20.5 million is the desired figure for FCS)
- Squad flexibility: up to 105 players on scholarship
- Absence of restrictive state parameters — broad institutional powers
- Tax-deductible contributions through the Green and Gold Fund (NDSU)
- Licensing revenue through Sioux Shop Authentics (UND)
NDSU Infrastructure (internalized):
- “Green and Gold Fund” through Team Makers (replaced by external team in July 2025)
- Contributions are taken into account to determine priority points/membership levels
- Learfield Partnership: NIL Business Manager on Site
- Tax-deductible contributions (advantage over “gray zone” groups)
UND infrastructure (hybrid):
- Supported partnership “1883 Collective” (service of agreements with third-party companies)
- Sioux Shop Authentics Licensing Program (76+ athletes)
- “NIL Exchange in North Dakota” via Teamworks Influencer (marketplace)
- The University maintains legal separation regarding negotiations with third parties
North Dakota High School NIL Rules
The NDHSAA amended its bylaws in June 2022 — permissive but strictly regulated, consistent with regional standards (Minnesota, South Dakota).
Key facts:
- Governing Body: North Dakota High School Activities Association (NDHSAA)
- Status: Allowed with restrictions (June 2022)
- State “Green Light” for High School Monetization
- Collaborates with Minnesota (MSHSL) and South Dakota (SDHSAA)
NDHSAA (“IP Firewall”) restrictions:
Uniform/Logo Ban: No school uniforms, logos, mascots, or equipment may be used at NIL events. Autographed photos may be sold, but no photos may be taken wearing a school jersey.
No-Solicitation: Fans are strictly prohibited from using NIL as an incentive to attend a particular high school. School Brand Protection: Prevents the school from being associated with the athlete’s commercial partners (e.g., a local car dealership).
Regional coherence:
Minnesota MSHSL: Bans school logos and “pay-for-performance.”
South Dakota SDHSAA: Mirrors North Dakota — separating school intellectual property from personal monetization.
Advantage: NDSU/UND recruiters deal with the same expectations across the tri-state area.
College vs. High School: Key Differences
| Feature | College (House Settlement) | High School (NDHSAA) |
|---|---|---|
| NIL Status | Legal (no state statute) | Permitted (June 2022) |
| State Statute | NONE (institutional discretion) | NDHSAA Bylaws |
| Institutional Pay | Permitted ($20.5M cap) | Prohibited |
| Collective Model | NDSU: Internalized / UND: Hybrid | N/A |
| School Logos/Uniforms | Allowed | Prohibited ("IP Firewall") |
| School Facilitation | Permitted | Prohibited |
| Inducement Use | Permitted | Explicitly banned |
| School Facilities for NIL | Allowed | Prohibited |
Key Difference: North Dakota DOES NOT have a statewide No Tuition Liabilities (NIL) statute—like South Dakota, it offers strategic flexibility but has no “safe harbor.” NDSU is fully internalized (Green and Gold Fund via Team Makers)
UND supports a hybrid model (1883 Collective + Sioux Shop Authentics).
FCS Reality: $20.5M cap = 70-80% of budget; “soft cap” targets $1-3M retention fund. NDHSAA allows HS NIL (June 2022) with strict “IP firewall.” Sluka incident in Nevada confirms internationalization strategy.
What North Dakota athletes can do
College athletes:
- Receive revenue sharing from the institution (target “soft cap” $1-3 million)
- Collaborate with Green and Gold Fund (NDSU) or 1883 Collective (UND)
- Participate in Sioux Shop Authentics licensing (UND – over 76 athletes)
- Sign sponsorship deals with brands
- Monetize social media accounts
- Earn money from camps, clinical meetings, and speaking engagements
- Sell autographs and merch
- Hire agents for NIL contracts
- Get fan support through platforms like RallyFuel.
High school athletes:
- Sign commercial promotional materials (without school affiliation)
- Monetize social media accounts (without school branding)
- Sell autographed photos (not in school uniform)
- Create a personal brand regardless of the school’s identity.
What North Dakota athletes can’t do
College athletes:
Not recommended: gambling, alcohol, tobacco, adult entertainment, controlled substances (NCAA rules)
Foreign students (F-1 visa): cannot engage in active non-indigenous activity (NIL) in the United States
no state “safe harbor” provided—subject to NCAA enforcement for violations not related to settlement.
High school athletes:
- No use of school uniforms, logos, mascots, or premises
- You cannot wear a school t-shirt in promotional photos/videos.
- Refusal to participate in the program cannot be accepted as an incentive for enrollment/transfer from fans
- The school’s endorsement of commercial partners should not be implied.
Both:
Must pay NIL income taxes (North Dakota state tax + federal tax + self-employment tax); Must maintain academic eligibility.
Compliance requirements
For college athletes:
- Collaborate with Green and Gold Fund (NDSU) or 1883 Collective/Sioux Shop Authentics (UND)
- report transactions >$600 to the “NIL Go” clearinghouse (requirement for settlement by House of Representatives resolution)
- consider licensing through Sioux Shop Authentics (UND – immediate revenue opportunity)
- disclose conflicts with institutional sponsors
- avoid prohibited categories under NCAA rules.
For high school athletes:
- NEVER use school uniforms, logos, mascots, or facilities
- NEVER accept NIL as an incentive to enroll/transfer from a support program participant
- Only personal brand — no school affiliation
- Regional consistency: The rules are consistent with those of Minnesota and South Dakota.
For parents:
For college:
- no state charter = flexibility, but no “safe harbor”
- fully internalized NDSU (Green and Gold Fund – tax deductible)
- hybrid UND (licensing 1883 Collective + Sioux Shop Authentics)
- FCS reality: $20.5 million cap is ambitious
- the fund for the retention of funds is planned to amount to $1-3 million
- The incident in Sluka, Nevada, confirms internalization.
For high school:
- NDHSAA allows NIL (June 2022); strict “IP firewall” = no school branding
- regional consistency with MN/SD.
How fans support North Dakota athletes
North Dakota has ardent fans of the Bison and Fighting Hawks teams, and now they can directly support the athletes through NIL.
College athletes:
Platforms like RallyFuel allow North Dakota fans to support athletes at:
- North Dakota State University (NDSU) – Summit League / MVFC (FCS)
- University of North Dakota (UND) – National Hockey League / NCHC (Hockey)
- All sports – football, basketball, hockey and others
NIL Infrastructure in North Dakota:
NDSU Green and Gold Fund: Internalized through Team Makers (tax-exempt). Contributions count toward priority points. Learfield Partnership (NIL Business Manager on site).
UND Hybrid Model: Supported by 1883 Collective Partnership. Sioux Shop Authentics Licensing (76+ Athletes). North Dakota NIL Exchange Marketplace.
How it works:
1. Create an account on RallyFuel.com or the mobile app
2. Select your North Dakota school
3. View verified athletes currently in your program
4. Support the athletes you want to support
5. Track your support through the fan dashboard
How it works: When you purchase Fan Fuel, you are purchasing Conditional No-Entry Entitlements (CNER). If the conditions are met, RallyFuel or its affiliate offers the athlete a NIL deal. If the conditions are not met, for example if the athlete moves to another team, you receive an automatic refund.
Contingency Protection: RallyFuel’s contingent model protects Fan Fuel with automatic refunds if athletes move to other countries or conditions are not met. North Dakota fans can support players without financial risk.
Important: Support for fans through RallyFuel is voluntary and conditional. Fuel purchases are not charitable donations. RallyFuel does not guarantee that any athlete will accept the No Donation Agreement. Fuel purchases for fans do not guarantee athletic performance, playing time, or any specific outcome.
High school athletes:
North Dakota high school athletes may utilize NIL opportunities under NDHSAA regulations (effective June 2022) as long as they completely separate themselves from their school identity and do not accept encouragement from cheerleaders.
Learn more about the NIL landscape
Name, image, and likeness play an increasingly important role in college sports, and understanding how it works often requires more than individual articles or news stories.
RallyFuel is a platform focused on topics related to modern college athletics (NIL). It brings together information about athletes, NIL activities, and the broader structure of modern college athletics, helping readers explore the topic in greater depth.
Frequently asked questions
Can North Dakota high school athletes pass the NIL?
Yes. NDHSAA amended its bylaws in June 2022. Restrictions: No use of school uniforms, logos, mascots, or facilities; No NILs accepted as an incentive from boosters; Collaborates with Minnesota (MSHSL) and South Dakota (SDHSAA). Regional alignment = beneficial for NDSU/UND recruiters within the tri-state area.
Why doesn’t North Dakota have a state-level NIL law?
Strategic choice — as in South Dakota. No state law = broad institutional leeway to adapt to House settlement without severe legislative conflicts. Disadvantages: No specific “safe harbor” provisions; open records vulnerability (NIL data potentially subject to Freedom of Information Act). North Dakota Attorney General has recognized university foundations as “state entities” when performing government functions.
What is the difference between the NDSU and UND approaches?
NDSU: Full internalization — Green and Gold Collective phased out (July 2025); replaced with Green and Gold Fund through Team Makers; contributions are tax deductible and count toward priority points; Learfield partnership (NIL Business Manager on site). UND: Hybrid partnership — 1883 Collective supported for third-party deals; Sioux Shop Authentics licensing program (over 76 athletes earn on merchandise); North Dakota NIL Exchange marketplace through Teamworks Influencer; university maintains legal separation from third-party negotiations.
Can NDSU/UND actually fund a $20.5 million revenue share?
No. Total sports revenue ~$25-$30 million. $20.5 million cap = 70-80% of total budget. “Soft cap” strategy: $1-$3 million per year retention target focused on key starting players in football/basketball. Goal: prevent FBS transfer scams. NDSU Giving Day (October 2025): $490,154 raised from 738 donors — impressive for FCS, but underscores the scale of the challenge (needs 4x success annually to fund $2 million).
What is “Sluka risk” and why is it important?
September 2024: UNLV quarterback Matthew Slouka left midseason, claiming coach verbally promised $100,000; team only paid $3,000. “Agency problem” identified: Coaches made promises that outside teams did not agree to. NDSU’s internalization eliminates this risk: organization making the promise (athletic department) = organization’s signing check (Green and Gold Fund). Asserts institutional control over decentralized team model.
What happens if an athlete I supported transfers?
If an athlete transfers or chooses another school during the conditional period, you will receive an automatic refund to your original payment method. No manual request is required.
North Dakota: Institutional Integration in the FCS Landscape
North Dakota operates WITHOUT a state NIL statute — strategic flexibility but no “safe harbor.” NDSU phased out the Green and Gold Collective (July 2025), replacing it with an internal “Green and Gold Fund” through Team Makers (tax-inclusive, priority points). UND maintains a hybrid model with the “1883 Collective” + “Sioux Shop Authentics” licensing (76+ athletes) + “North Dakota NIL Exchange” marketplace. FCS Reality: $20.5M cap = 70-80% of budget; “soft cap” goes to $1-3M retention fund. NDSU Charity Day raised $490,154. NDHSAA allows NIL in high schools (June 2022) with strict “IP firewall.” Regional alignment with Minnesota and South Dakota. The incident in Sluka, Nevada, confirms the internationalization strategy.
For college athletes ready to maximize their potential without injury, RallyFuel offers fan-assisted support and conditional protection. Meet North Dakota’s proven athletes and start fueling today.
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