North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1459

Introduced
1/16/25  
Refer
1/16/25  
Report Pass
2/7/25  
Engrossed
2/12/25  
Refer
2/13/25  
Report Pass
4/18/25  
Enrolled
5/2/25  

Caption

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.

Impact

The legislation is poised to reshape the landscape of mineral rights in North Dakota, specifically benefiting owners of coal properties by providing avenues for additional monetization through the extraction of critical minerals and rare earth minerals. The proposal allows for greater economic recovery of resources within the state's coal deposits, potentially leading to new jobs in mining, processing, and associated industries. Furthermore, it reflects a broader state policy shift aimed at increasing local resource development to reduce dependency on imports, addressing the critical scarcity of these minerals in national manufacturing and defense sectors.

Summary

House Bill 1459 is a significant legislative measure concerning the definitions and management of critical minerals and rare earth minerals in North Dakota. The bill aims to amend existing statutes to clarify and establish policies that prioritize the development and utilization of these resources, particularly those associated with coal. It addresses the need for domestic production of critical minerals given the reliance on foreign sources and underscores their importance for national and economic security. The bill seeks to include geological formations of coal streams as part of the mineral estate, emphasizing rights to extract critical minerals contained within without requiring specific mention in leases, unless explicitly excluded.

Sentiment

General sentiment surrounding HB 1459 appears to be cautiously optimistic, with various stakeholders recognizing the potential economic benefits while also signaling the necessity of careful resource management. Proponents regard the bill as a proactive measure to secure essential minerals and bolster North Dakota’s economic standing in relation to national interests. However, there are underlying concerns about environmental impacts and the effectiveness of enforcing extractive practices, indicating a need for balanced oversight in advancing these economic opportunities.

Contention

Key points of contention revolve around the implications of retroactive application noted in the bill and how it could affect existing leases and rights holders. Some stakeholders express apprehension regarding the clarity of ownership rights—specifically how the inclusion of critical minerals within coal leases might challenge prior agreements and lead to complex legal disputes. This underscores the critical balance the bill attempts to strike between incentivizing the development of valuable resources and ensuring the rights of mineral owners are adequately protected.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1511

Evaluation of economic development tax incentives, a sales and use tax exemption for materials used to construct or expand a coal processing facility that utilizes coal as a feedstock, and severance and sales and use tax exemptions for coal used in a coal processing facility that utilizes coal as a feedstock; and to provide an effective date.

ND HB1510

Legal fees and costs a surface owner may be awarded in cases relating to the development of minerals.

ND HB1350

Criminal code definitions, weapons definitions, mandatory prison terms for armed offenders, and persons who are not to possess firearms; and to provide a penalty.

ND HB1014

Fuel production facility loan guarantee reserve funding, the housing incentive fund, the powers of the North Dakota pipeline authority, definitions for the clean sustainable energy authority, a clean sustainable energy authority line of credit, and an appropriation from the state fiscal recovery fund; to provide a contingent appropriation; to provide for a transfer; to provide an exemption; to provide for a study; to provide for a report; to provide a statement of legislative intent; to provide an effective date; and to declare an emergency.

ND HB1097

The definition of electric energy conversion facility, the publication of notices of public hearings, payment of an administrative fee, adding hydrogen to definitions, the publication of a public hearing, and the payment of an administrative fee; and to declare an emergency.

ND HB1493

Motor vehicle definitions, nondriver photo identification cards, operator's license applications, and expiration of operator's licenses; and to declare an emergency.

ND HB1202

Definitions relating to medical marijuana products; and to provide a contingent effective date.

ND SB2096

Definitions, prohibited acts by licensees, schedule I controlled substances tetrahydrocannabinols, and bonding requirements for grain buyers; and to provide a penalty.

ND HB1427

The definition and certification of a restimulation well; and to provide an effective date.

ND SB2398

Baseline funding and the determination of state school aid, loans from the coal development trust fund, and evidences of indebtedness; to provide an appropriation; to provide for retroactive application; and to provide an effective date.

Similar Bills

No similar bills found.