All Roll Calls
Yes: 221 • No: 47
North DakotaHB 14592025 Regular SessionHouse
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.
Sponsored By: Dick Anderson (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Coal facilities gain ownership and liability shields
Coal conversion facility owners or operators own ash and gasification products from their facilities, including the materials they contain. The law shields them from claims for waste, conversion, destruction, or damages tied to specified activities. These activities include buying, burning, gasifying, or selling materials contained in coal, coal ash, or coal products. This limits recovery for parties bringing those covered claims. Both the ownership rule and liability protection apply retroactively.
Coal mineral owners gain mandatory royalties
Operators must pay applicable mineral owners at least 2.5% of gross proceeds from covered minerals mined, removed, and sold. Gross proceeds means total receipts from an arm's-length sale between independent parties. Each owner's payment follows their undivided ownership share of coal mined in the permit area during that calendar year. Payments are due at least annually, by March 31 for the prior calendar year. The royalty rule applies retroactively.
Coal rights include more mineral rights
North Dakota treats covered critical and rare earth minerals associated with coal formations, seams, or combustion waste as part of coal ownership. This covers ownership, leasing, taxation, and development, unless a recorded transfer expressly separates those minerals. Coal leases granted at any time include covered minerals within coal seams or deposits unless excluded by name. Other mineral-rights or royalty transfers generally include all minerals unless excluded by name. Other leases pass only named minerals and their compounds and byproducts; catch-all wording does not pass unnamed minerals. No party must mine, remove, or sell the covered coal minerals. These rules apply retroactively.
Sponsors & Cosponsors
Sponsor
Dick Anderson
Republican • House
Cosponsors
Mike Berg
Republican • House
Glenn Bosch
Republican • House
Mike Lefor
Republican • House
Alisa Mitskog
Democratic • House
Anna S. Novak
Republican • House
Emily O'Brien
Republican • House
Jeremy Olson
Republican • House
Todd Porter
Republican • House
David Hogue
Republican • Senate
Richard Marcellais
Democratic • Senate
Dale Patten
Republican • Senate
Roll Call Votes
House vote • 5/2/2025
Second reading, passed, yeas 63 nays 26, Emergency clause carried
Yes: 63 • No: 26
Senate vote • 5/2/2025
Second reading, passed as amended, yeas 27 nays 19
Yes: 27 • No: 19
Senate vote • 4/21/2025
Second reading, passed as amended, yeas 46 nays 0
Yes: 46 • No: 0
House vote • 2/11/2025
Second reading, passed, yeas 85 nays 2, Emergency clause carried
Yes: 85 • No: 2
Actions Timeline
Filed with Secretary Of State 05/06
6/11/2025HouseSigned by Governor 05/05
5/17/2025HouseSent to Governor
5/2/2025HouseSigned by Speaker
5/2/2025HouseSigned by President
5/2/2025SenateEmergency clause failed
5/2/2025SenateSecond reading, passed as amended, yeas 27 nays 19
5/2/2025SenateConference committee report adopted
5/2/2025SenateReported back from conference committee, in place of, placed on calendar
5/2/2025SenateSecond reading, passed, yeas 63 nays 26, Emergency clause carried
5/2/2025HouseConference committee report adopted
5/2/2025HouseReported back from conference committee, in place of, placed on calendar
5/2/2025HouseConference committee report rejected
5/1/2025HouseReported back from conference committee, in place of, placed on calendar
5/1/2025HouseConference committee appointed Patten Kessel Boehm
4/25/2025SenateConference committee appointed D. Anderson Dockter Porter
4/24/2025HouseRefused to concur
4/24/2025HouseReturned to House (12)
4/21/2025HouseSecond reading, passed as amended, yeas 46 nays 0
4/21/2025SenateAmendment adopted, placed on calendar
4/21/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
4/18/2025SenateCommittee Hearing 09:00
4/3/2025SenateCommittee Hearing 10:00
3/27/2025SenateIntroduced, first reading, (emergency), referred Energy and Natural Resources Committee
2/13/2025SenateReceived from House
2/12/2025Senate
Bill Text
Adopted by the House Energy and Natural Resources Committee
Adopted by the Senate Energy and Natural Resources Committee
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with Conference Committee Amendments
FIRST ENGROSSMENT with Senate Amendments
INTRODUCED
Prepared by the Legislative Council staff for Representative Anderson
Prepared by the Legislative Council staff for Representative Porter
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