All Roll Calls
Yes: 221 • No: 47
North DakotaHB 14592025 Regular SessionHouseWALLET
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)
Became Law
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 1 benefits, 2 costs, 4 mixed.
2.5% net profit royalty for owners
If you own part of a permit area, the operator pays you a royalty. The rate is 2.5% of net profits from sold critical minerals and rare earths, multiplied by your ownership share. Net profits means sales minus extraction, processing, milling, smelting, refining, and transport costs.
Stronger oversight and reclamation standards
The Industrial Commission enforces these rules. Inspectors can enter and inspect exploration, production, and processing sites, and operators must help. Operators must prevent freshwater pollution, protect the environment and public safety, and reclaim disturbed land to prior use and productivity. The Commission also regulates exploration of covered minerals even outside approved surface coal mine boundaries.
New reporting and data to state
Permitted operators must file production reports, including monthly reports, as the Commission or state geologist requires. Operators must give the State Geologist reasonable extraction data. Exploration operators must deliver core samples, logs, and location data within 30 days; data can stay confidential for one year, with a possible extension.
Permits, fees, and bonds for operators
You must get a Commission permit before starting exploration, development, production, or a processing plant, and pay the permit fee. The Commission can require a bond; you may use cash, collateral, a self-bond, or another approved security. If your project is paired with a surface coal mine permit, you can use that coal bond and choose coal-permit procedures. Mines already under the Public Service Commission stay under that chapter and are not covered here.
Defines covered critical and rare minerals
The law defines which minerals are covered. It lists critical minerals like aluminum, cobalt, lithium, uranium, and others, and rare earth elements (the lanthanides plus yttrium and scandium). These definitions apply only when the minerals are in or with a coal seam, and they decide which permitting, reporting, and royalty rules apply.
Coal leases include critical minerals
A coal lease now includes any critical minerals and rare earths found with the coal, unless the lease says otherwise. Lessees get those rights by default. Landowners must write a clear exclusion in the lease to keep those minerals.
Mixing output with parcel tracking
The Commission can let operators mix output from lands with different owners at a processing plant. It must set a way to measure how much comes from each parcel. This can simplify operations and protect each owner's share.
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
Senate vote • 5/2/2025
Second reading, passed as amended, yeas 27 nays 19
Yes: 27 • No: 19
House vote • 5/2/2025
Second reading, passed, yeas 63 nays 26, Emergency clause carried
Yes: 63 • No: 26
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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