HB 1459 North Dakota House · 69th Legislative Assembly (2025-26)

AN ACT to create and enact a new section to chapter 38-12 of the North Dakota Century Code, relating to critical minerals and rare earth minerals and royalties; to amend and reenact sections 38-12-01 and 47-10-24 of the North Dakota Century Code, relating to the definitions of critical minerals and rare earth minerals and descriptions and definitions of minerals in leases and conveyances; and to provide for retroactive application.

Summary
Relating to critical minerals and rare earth minerals and royalties; to amend and reenact sections 38‑12‑01 and 47‑10‑24 of the North Dakota Century Code, relating to the definitions of critical minerals and rare earth minerals and descriptions and definitions of minerals in leases and conveyances; and to provide for retroactive application.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
May 2025
Signed into Law
May 2025
Introduced Jan 16, 2025 Signed May 17, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

FIRST ENGROSSMENT Enrollment · 5 edits
MODERATE
The bill was restructured from a standalone chapter into amendments to existing code sections, with significant changes to definitions and policy language. The version now includes retroactive application provisions and modifies the list of critical minerals to include additional elements like astatine, cerium, and neodymium while removing others like helium and zirconium. The definition of extraction was broadened from a specific coal mining process to any extractive process for subsurface minerals.
Scope change
The bill's scope expanded from focusing specifically on coal seam extraction to covering all subsurface mineral extraction, and it now applies retroactively to existing permits and leases.
DEFINITION

Critical minerals list was significantly altered by adding elements like astatine, cerium, and neodymium while removing helium, zirconium, and others.

The term 'extraction process' was changed to 'extraction facility' and broadened to include any well or mine for subsurface minerals, not just coal mining operations.

New definition of 'subsurface minerals' was added to clarify what materials are covered under the chapter.

TIMELINE

New provision added for retroactive application of the law to existing permits and leases.

POLICY

Policy language was reorganized and expanded to explicitly acknowledge the economic importance of existing coal conversion facilities.

Floor votes · Senate Apr 21, 2025 · House May 3, 2025

How they voted

460
Passed · 1 other
Total votes 47
Apr 21, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
41 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
18
Committee
10
Jun 11, 2025
Introduced
Filed with Secretary Of State 05/06
legislature
May 17, 2025
Signed into law
Signed by Governor 05/05
lower
May 3, 2025
House · Passed
House Vote: pass (61-26-4)
house
May 2, 2025
Upper · Passed
Second reading, passed as amended, yeas 27 nays 19
upper
May 2, 2025
Lower · Passed
Second reading, passed, yeas 63 nays 26, Emergency clause carried
lower
May 2, 2025
Lower · Passed
Conference committee report adopted
lower
May 2, 2025
Lower · Passed
Reported back from conference committee, in place of, placed on calendar
lower
May 1, 2025
Lower · Passed
Reported back from conference committee, in place of, placed on calendar
lower
Apr 25, 2025
Upper · Passed
Conference committee appointed Patten Kessel Boehm
upper
Apr 24, 2025
Lower · Passed
Conference committee appointed D. Anderson Dockter Porter
lower
Apr 21, 2025
Upper · Passed
Second reading, passed as amended, yeas 46 nays 0
upper
Apr 21, 2025
Upper · Passed
Amendment adopted, placed on calendar
upper
Apr 18, 2025
Upper · Passed
Reported back amended, do pass, amendment placed on calendar 7 0 0
upper
Apr 3, 2025
Upper · Passed
Committee Hearing 09:00
upper
Mar 27, 2025
Upper · Passed
Committee Hearing 10:00
upper
Feb 13, 2025
Introduced
Introduced, first reading, (emergency), referred Energy and Natural Resources Committee
upper
Feb 11, 2025
Lower · Passed
Second reading, passed, yeas 85 nays 2, Emergency clause carried
lower
Feb 10, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Feb 7, 2025
Lower · Passed
Reported back amended, do pass, amendment placed on calendar 11 0 2
lower
Feb 6, 2025
Lower · Passed
Committee Hearing 09:00
lower
Jan 16, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
lower
1 primary · 11 co-sponsors

Sponsors