Bill > HB1459

This bill updates North Dakota's legal definitions and policies regarding critical minerals and rare earth minerals, particularly those found within coal deposits. The bill expands the definition of "critical minerals" to include a wide range of elements like aluminum, lithium, and uranium that are chemically bound in coal seams, and introduces a new definition for "rare earth minerals" that includes elements from the lanthanide series. The legislation declares a public policy of encouraging the development and production of these minerals, recognizing their importance to national economic and security interests. The bill establishes that when coal is leased, the lease is presumed to include all critical minerals and rare earth minerals contained within the coal deposit unless specifically excluded, and it requires operators to pay mineral owners a royalty of at least 2.5% of gross proceeds from any extracted and sold minerals. Additionally, the bill clarifies that coal ash and coal gasification byproducts belong to the facility owner, and provides retroactive application of these provisions. The overall aim is to facilitate the extraction and economic utilization of these strategically important minerals while protecting the rights of coal and mineral owners.

Agriculture and Natural Resources

https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1459.html