All Roll Calls
Yes: 182 • No: 0
North DakotaSB 21172025 Regular SessionSenate
AN ACT to amend and reenact subsection 1 of section 38-14.2-02, and sections 38-14.2-04, 38-14.2-06, and 38-14.2-07 of the North Dakota Century Code, relating to abandoned surface mine reclamation.
Sponsored By: Senate Energy and Natural Resources
Became Law
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
What the cleanup fund can collect and spend
The reclamation fund can receive federal Title IV grants, donations, charges for using reclaimed lands, lien recoveries, land-sale proceeds, and other deposits. The fund can pay to fix land and water harmed by past mining, including subsidence repair, treating polluted drainage, and putting out coal refuse or coal fires. It can also pay for planting and erosion control, buying or leasing land, studies and research, and normal program and plan administration.
Clear rules on which sites qualify
Cleanup money can cover coal lands and waters that were abandoned or left unreclaimed before August 3, 1977. They must have no ongoing reclamation duty under other state laws. Noncoal sites qualify only to protect health, safety, welfare, or property, only if they were left unreclaimed before August 3, 1977, have no ongoing duty, and the U.S. Interior Secretary has certified the state for this work. Sites under the Uranium Mill Tailings program or listed under Superfund are not eligible.
Stronger planning and spending order for mine cleanup
The commission runs the abandoned mine cleanup program and must follow a set spending order. First, it funds plan and admin work; next, it fixes extreme dangers from past coal mining, then other hazards and nearby areas. After that, it can repair public facilities (like water systems), develop public lands, and do certified noncoal hazard work with federal approval; the governor can ask to do some noncoal work sooner. Work on noncontiguous restoration in the “e” priority uses only Infrastructure Investment and Jobs Act money, unless earlier coal priorities are done and the state certifies that to the U.S. Interior Secretary. The state plan must list all areas to reclaim, why, how they relate to nearby lands, how projects are ranked, and show legal authority and capacity to do the work.
Two trust accounts for coal cleanup
The law creates two interest‑earning trust accounts for coal cleanup. One gets 10% of certain pre‑December 20, 2006 federal grants; no spending is allowed before September 30, 2004, and spending needs a legislative appropriation. That money cannot fund noncoal projects, and the state’s liability is limited to the money in the account. The second can hold up to 30% of new federal grants and is only for acid mine drainage treatment, subsidence control, and coal mine fire work. It earns interest, and administrative costs from it require a legislative appropriation.
Sponsors & Cosponsors
Sponsor
Senate Energy and Natural Resources
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/11/2025
Second reading, passed, yeas 46 nays 0
Yes: 46 • No: 0
House vote • 4/1/2025
Second reading, passed as amended, yeas 89 nays 0
Yes: 89 • No: 0
Senate vote • 1/22/2025
Second reading, passed, yeas 47 nays 0
Yes: 47 • No: 0
Actions Timeline
Filed with Secretary Of State 04/17
4/21/2025HouseSigned by Governor 04/17
4/18/2025SenateSent to Governor
4/16/2025SenateSigned by President
4/15/2025SenateSigned by Speaker
4/15/2025HouseSecond reading, passed, yeas 46 nays 0
4/11/2025SenateConcurred
4/11/2025SenateReturned to Senate (12)
4/2/2025SenateSecond reading, passed as amended, yeas 89 nays 0
4/1/2025HouseAmendment adopted, placed on calendar
3/31/2025HouseReported back amended, do pass, amendment placed on calendar 11 0 2
3/28/2025HouseCommittee Hearing 09:00
3/14/2025HouseIntroduced, first reading, referred Energy and Natural Resources Committee
2/13/2025HouseReceived from Senate
1/23/2025HouseSecond reading, passed, yeas 47 nays 0
1/22/2025SenateAmendment adopted, placed on calendar
1/21/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
1/20/2025SenateCommittee Hearing 09:30
1/17/2025SenateIntroduced, first reading, referred Energy and Natural Resources Committee
1/7/2025Senate
Bill Text
Adopted by the Senate Energy and Natural Resources Committee
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with House Amendments
INTRODUCED
Prepared by the Legislative Council staff for Representative Porter
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