HB 1459 — 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.
Last action — Filed with Secretary Of State 05/06
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 16, 2025. Enacted.
Signed by Governor Kelly Armstrong (Republican) on May 17, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
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Prognosis
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Enacted
Current position in the legislative process.
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12 sponsors
1 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (8 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
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.
Bill Text
What changed in the latest version
166 added · 228 removed166 line(s) added, 228 removed.
25.1038.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.
1459 Introduced(Representatives by Representatives D.
Olson, Porter, LeforLefor) Senators(Senators Hogue, Marcellais, PattenPatten) AAN BILLACT for an Act to create and enact a new chaptersection to titlechapter 3838-12 of the North Dakota Century Code, relating to regulations, development, and production of critical minerals and rare earth elements;minerals and royalties;
to amend and reenact sections 38-12-0238-12-01 and 47-10-24 of the North Dakota Century Code, relating to the authoritydefinitions of thecritical industrialminerals commissionand rare earth minerals and descriptions and definitions of minerals in leases and conveyances;
and to provide afor penalty;retroactive application.
and to declare an emergency.
AAMENDMENT. new chapter to title 38 of the North Dakota Century Code is created and enacted as follows:
Section 38-12-01 of the North Dakota Century Code is amended and reenacted as follows:
38-12-01.
As used in this chapter:chapter, unless the context otherwise requires:
"Commission" means the industrial commission.commission of the state of North Dakota.
"Critical minerals"mineral" means a nonfuel mineral or mineral material essential to the economic or national security of the United States and which has a supply chain vulnerable to disruption.
The term includes aluminum, antimony, arsenic, astatine, barite, bauxite, beryllium, bismuth, cerium, cesium, chromium, cobalt, erbium, fluorspar, friezium, gallium, germanium, graphite, hafnium, helium, indium, lithium, magnesium, manganese, neodymium, niobium, platinum group metals, potash, the rare earth elements group, rhenium, rubidium, samarium, scandium, stralium, strontium, tantalum, tellurium, thulium, tin, titanium, tungsten, uranium, vanadium, and zirconium,zirconium which are chemically bound, embedded, commingled, included, contained within, or incontained anywithin waya associated with any coal seam or coal deposit.
Page3. No.
1"Extraction 25.1038.02000facility" Sixty-ninthmeans Legislativeany Assemblywell 3.or mine or other extractive process operated for the purpose of recovering subsurface minerals.
"Extraction3.4. process" means the process in which critical minerals or rare earth elements are extracted from coal produced in conjunction with coal mining operations which cannot otherwise be extracted without mining a coal seam or coal deposit.
4."Operator" means any person who, duly authorized, is in charge of the development of a lease or the operation of a producing property.
"Operator"4.5. means any person that is the owner of a processing facility that is or has been capable of producing critical minerals or rare earth elements embedded, commingled, included, contained within, or in any way associated with a coal seam or coal deposit.
5."Owner" means the person who has the right to explore for, develop, and produce subsurface minerals and to appropriate the subsurface minerals the owner produces either for the owner or for the owner and others.
"Owner"5.6. means the person who owns the critical minerals or rare earth elements.
6.
7.6.7.
"Processing"Producer" facility" means any equipment, processing plant, or other facility operated with the purposeowner or intent of extractingan criticalextraction mineralsfacility orwhich rareis earth elements embedded, commingled, included, contained within, or inhas anybeen waycapable associatedof withproducing asubsurface coalminerals. seam or coal deposit.
8.7.8.
"Rare earth elements"minerals" means any of a series of metallic elements of which the oxides are classed as rare earths and which include the elements of the lanthanide series, yttriumyttrium, and scandium,scandium which are chemically bound, embedded, commingled, included, contained within, or incontained anywithin waya associated with any coal seam or coal deposit.
PublicH. policy.
ItB. is hereby declared to be in the public interest to foster, encourage, and promote the development, production and utilization of critical minerals and rare earth elements in a manner that will prevent waste and allow a greater ultimate recovery of these natural resources, and to protect the rights of all owners so that the greatest possible economic recovery of these resources be obtained in the state, to the end that landowners, producers, and the general public realize and enjoy the greatest possible good from these vital natural resources.
CriticalNO. minerals and rare earth elements are fundamental to the economy, competitiveness, and security of the United States.
Many1459 critical- mineralsPAGE and2 rare9. earth elements are broadly disseminated and can only be recovered when produced as part of another extractive activity of Page No.
2"Subsurface 25.1038.02000minerals" Sixty-ninthmeans Legislativeall Assemblynaturally aoccurring hostelements mineraland whichtheir forcompounds, purposesvolcanic ash, precious metals, carbonates, and natural mineral salts of thisboron, chapterbromine, iscalcium, coal.fluorine, iodine, lithium, magnesium, phosphorus, potassium, sodium, thorium, uranium, and sulfur, and their compounds, but does not include sand and gravel and rocks crushed for sand and gravel.
To the maximum extent practicable, the critical minerals and rare earth elements needs of the United States should be satisfied by the vital natural resources responsibly produced in the United States.
The legislative assembly finds it necessary to declare that the mining of coal in this state, and a lease of coal in this state whenever granted must include the right to mine all critical minerals and rare earth elements, unless specifically excluded by the lease.
Jurisdiction of commission.
The commission has jurisdiction and authority necessary to enforce this chapter.
This section does not apply to a mine under the jurisdiction and authority of the public service commission under chapter 38-14.1.
The commission may conduct investigations to determine whether facts exist which justify action by the commission.
The commission may:
1.
Require an operator to:
a.
Show all 158 changed lines (118 more)
Furnish a reasonable bond with good and sufficient surety, conditioned upon the full compliance with this chapter, and the rules and orders of the commission governing the exploration, development, and production of critical minerals or rare earth elements on state and private lands within the state.
The person required to furnish the bond may elect to deposit a collateral bond, self-bond, cash, or any alternative form of security approved by the commission, by which a permittee assures faithful performance of all requirements of this chapter and the rules and orders of the industrial commission.
If a permit is issued for the extraction of critical minerals or rare earth elements, in conjunction with a surface coal mining permit issued under chapter 38-14.1, the bond for the surface coal mining permit may be used to satisfy the bond required under this chapter.
b.
File production reports in the manner prescribed by the commission.
c.
Conduct an extraction process in a manner as to prevent pollution of freshwater supplies and to provide for the protection of the environment and public safety.
2.
Adopt and enforce rules and orders to effectuate this chapter, including rules requiring an operator under permit with the commission to provide to the state geologist reasonable amounts of data collected during the extraction process for critical minerals or rare earth elements, and data necessary to evaluate the ongoing attributes of critical mineral or rare earth extraction in the state.
Page No.
3 25.1038.02000 Sixty-ninth Legislative Assembly 3.
Inspect all processing facilities.
The commission must have access to all processing facilities for purposes of inspection and may require the operator's aid if necessary and requested.
4.
At the request of an operator, approve the commingling of production for any processing facility on land with diverse ownership.
The commission shall establish a method to measure production from each parcel of land with diverse ownership.
Permit required.
1.
A person may not commence operation of a processing facility or the exploration, development, or production of critical minerals or rare earth elements without first obtaining a permit from the commission and paying the permit fee set by the commission.
2.
This section does not apply to a mine under the jurisdiction and authority of the public service commission under chapter 38-14.1.
3.
An operator shall pay any applicable owners, according to each owner's respective undivided ownership within the applicable permit area, a royalty of two and one-half percent of the net profits from all critical minerals and rare earth elements mined, removed, and sold during the extraction process.
For purposes of this section, "net profits" means the gross receipts received by an operator from any sale of critical minerals or rare earth elements less costs incurred or expenditures attributed, only including any expenditures related to the extraction, processing, milling, smelting, refining, and transportation of the critical minerals or rare earth elements.
Procedure.
1.
The adoption of rules or or the issuance of orders by the commission under this chapter must be in accordance with the provisions of chapter 38-08 governing the procedure in the administration of the Oil and Gas Conservation Act.
2.
A surface coal mine permit must be issued under chapter 38-14.1.
3.
If an emergency is found to exist by the commission which in the judgment of the commission requires the making, revoking, changing, amending, modifying, altering, enlarging, renewal, or extension of a rule or order without first having a hearing, an emergency rule or order has the same validity as if a hearing had been held after due notice.
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4 25.1038.02000 Sixty-ninth Legislative Assembly 4.
An emergency rule or order permitted by this section may remain in force no longer than fifteen days from its effective date, or when the rule or order made after due notice and hearing with respect to the subject matter of the emergency rule or order becomes effective, whichever occurs first.
Penalty - Revocation - Provisions applicable.
Sections 38-08-16 and 38-08-17 are applicable to the provisions of this chapter and to the rules and orders of the commission adopted under this chapter.
AMENDMENT.A new section to chapter 38-12 of the North Dakota Century Code is created and enacted as follows:
SectionDeclaration 38-12-02 of thepolicy Northfor Dakotacritical Centuryminerals Code is amended and reenactedrare asearth follows:minerals.
38-12-02.
Jurisdiction of commission.
The commission has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter.
Subject to the provisions of section 38-08-21, the director of mineral resources shall act as a supervisor charged with the duty of enforcing the regulations and orders of the commission applicable to the subsurface mineral resources of this state and the provisions of this chapter.
The commission has authority to make such investigations as it deems proper to determine whether facts exist which justify action by the commission.
The commission acting through the director of mineral resources has the authority:
ToIt require:is in the public interest of the state of North Dakota, its citizens, and the United States to encourage, accelerate, and promote the development, production, and utilization of critical minerals and rare earth minerals in a manner that prevents waste, allows a greater ultimate recovery of these natural resources, and protects the rights of owners so the greatest possible economic recovery of these resources may be obtained in this state and landowners, producers, and the general public may enjoy the greatest possible good from these resources.
a.
The furnishing of a reasonable bond with good and sufficient surety, conditioned upon the full compliance with the provisions of this chapter, and the rules and orders of the commission prescribed to govern the exploration, development, and production of subsurface minerals on state and private lands within the state of North Dakota.
The person required to furnish the bond may elect to deposit a collateral bond, self-bond, cash, or any alternative form of security approved by the commission, or combination thereof, by which a permittee assures faithful performance of all requirements of this chapter and the rules and orders of the industrial commission.
b.
The delivery, free of charge, to the state geologist of the basic exploration data collected by the operator, within thirty days of field collection of such data.
This data must include:
Page No.
5 25.1038.02000 Sixty-ninth Legislative Assembly (1) Sample cuts, core chips, or whole cores.
(2) Sample logs, radioactivity logs, resistivity logs, or other types of electrical or mechanical logs.
(3) Elevation and location information on the data collection points.
(4) Other pertinent information as may be requested by the state geologist.
The data so submitted is confidential for a period of one year when so requested by the operator and such period may be further extended upon approval by the commission.
c.
The filing of monthly production reports in the manner prescribed by the commission and any other reports deemed necessary by the commission.
d.
The conducting of all exploration, development, and production operations in such a manner as to prevent pollution of freshwater supplies, to provide for the protection of the environment and public safety, and to ensure the optimum recovery of the mineral resource.
e.
The reclamation of all land disturbed by operations regulated by this chapter to a condition consistent with prior land use and productive capacity.
ToThe regulatelegislative assembly acknowledges the drillingpublic interest to foster, encourage, and abandonmentpromote the development, production, and utilization of explorationall testnatural holesresources of coal, and producingthe wellspublic andinterest allis otherserved exploration,by development,the production,preservation of existing coal conversion facilities, which significantly contribute to the state economy and reclamationgeneral operations.public.
ToDevelopment promulgateof critical minerals and torare enforceearth rules,minerals regulations,also andmay orderslead to effectuatesignificant theeconomic purposesbenefits for owners, new jobs in mining, processing, and therelated intentindustries, ofand thiscontributions chapter.to the state economy.
Many critical minerals and rare earth minerals are broadly and irregularly disseminated and chemically bound, embedded, commingled, included, or contained within coal.
Certain owners are unable to develop critical minerals and rare earth minerals because the minerals are contained within the coal seam or coal deposit, are covered by an existing mining permit, and are subject to the prior legal rights of the coal producer.
ToAs inspectreflected allin exploration,federal development,policy, the legislative assembly recognizes critical minerals and productionrare sites.earth minerals are fundamental to the economy, competitiveness, and security of the United States.
ForThe theUnited purposesStates ofrelies thison subsection,foreign thenations directorto ofsupply mineralthese resourcescritical orminerals theand director'srare representativeearth shallminerals have access to alldevelop exploration,and development,manufacture ormedical productiondevices, installationsinformation fortechnology, purposesand ofequipment inspection and shalltechnology havefor thenational authoritydefense, toenergy requireinfrastructure, the operator's aid if it is necessary and isother requested.critical items.
Domestic development and production of critical minerals and rare earth minerals is inadequate to meet the nation's needs.
The United States must have a reliable, diversified, and affordable supply to drive medical manufacturing, transportation, agriculture, and defense industries and to sustain military preparedness, national security, and economic security.
ToThis regulatechapter theprovides explorationpotential offor criticalcoal mineralsowners embedded,and commingled,critical included,mineral containedand within,rare orearth inmineral anyowners wayto associatedobtain withadded avalue coalfrom seamthe ordevelopment coal deposit located outside of anycritical surfaceminerals coaland minerare permitearth boundaryminerals approvedextracted byfrom thecoal. public service commission.
These critical minerals and rare earth minerals are chemically bound, embedded, commingled, included, or contained within a coal seam or coal deposit and cannot otherwise be produced on their own without infringing on the working interests of the coal estate, without first mining the host mineral coal, or in an economic manner.
6.
To the maximum extent practicable, the critical mineral and rare earth mineral needs of the United States should be satisfied by the vital natural resources responsibly produced in the United States.
The legislative assembly finds it necessary to declare that the mining of coal in this state and a lease of coal in this state, whenever granted, must include the right to all critical minerals and rare earth minerals chemically bound, embedded, commingled, included, or contained within the coal unless specifically excluded by the lease.
A party is not obligated to mine, remove, or sell critical minerals or rare earth minerals from coal.
The legislative assembly finds that because critical minerals and rare earth minerals are chemically bound, H.
B.
NO.
1459 - PAGE 3 embedded, commingled, included, or contained within a coal seam or coal deposit, and are not uniformly disseminated, production must be commingled and a royalty rate must be applied only if the minerals are extracted and sold.
It is necessary to fulfill the public policy of this state by clarifying law related to this policy and the development of critical minerals and rare earth minerals.
7.
Critical minerals and rare earth minerals occurring within or associated with coal-bearing formations, coal seams, or coal combustion residuals are part of the coal estate for purposes of ownership, leasing, taxation, and development unless expressly severed by recorded conveyance.
To help facilitate the extraction and processing of critical minerals and rare earth minerals, the parties may amend an existing lease or agree to new terms for any lease if agreed to by both parties.
8.
Coal ash and any coal gasification product, including all minerals, substances, compounds, byproducts, or elements contained therein which result from the combustion or gasification of coal in a coal conversion facility are the property of the owner or operator of the coal conversion facility.
The owner or operator of a coal conversion facility may not be held liable for waste, conversion, destruction, or damages to any extent arising from the purchase, combustion, gasification, or sale of any minerals, substances, compounds, byproducts, or elements contained within the coal, coal ash, or products of coal.
9.
For purposes of this section, "coal ash" includes fly ash, bottom ash, and boiler slag.
10.
An operator shall pay any applicable mineral owner, according to each mineral owner's respective undivided ownership of coal mined within the applicable permit area during a calendar year, a royalty of no less than two and one-half percent of the gross proceeds from all critical minerals and rare earth minerals mined, removed, and sold during the extraction process.
The royalty must be paid at least annually by March thirty-first of the following year.
For purposes of this section, "gross proceeds" means the gross receipts received by an operator from any sale of critical minerals or rare earth minerals which constitutes an arms- length transaction.
Page47-10-24. No.
6 25.1038.02000 Sixty-ninth Legislative Assembly 47-10-24.
Except as provided in subsection 33, regarding a lease for coal, a lease of mineral rights in this state shallmay not be construed as passing any interest to any minerals except those minerals specifically included and set forth by name in the lease.
TheExcept as provided in subsection 33, regarding a lease for coal, the use of the words "all other minerals" or similar words of an all-inclusive nature in any lease shallmay not be construed as leasing any minerals except those minerals specifically named in the lease and their compounds and byproducts.
3.H.
AsB. provided under section 1 of this Act, a lease of coal in this state whenever granted is deemed to include all critical minerals and rare earth elements embedded, commingled, included, contained within, or in any way associated with any coal seam or coal deposit, unless specifically excluded from the lease of coal.
NO.
1459 - PAGE 4 3.
As provided under section 2 of this Act, a lease of coal in this state whenever granted is deemed to include all critical minerals and rare earth minerals chemically bound, embedded, commingled, included, or contained within a coal seam or coal deposit unless specifically excluded from the lease of coal.
EMERGENCY.RETROACTIVE APPLICATION.
This Act is declaredretroactive toin beapplication. an emergency measure.
PageH. No.
7B. 25.1038.02000
NO.
1459 - PAGE 5 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.
1459.
House Vote:
Yeas 63 Nays 26 Absent 5 Senate Vote:
Yeas 27 Nays 19 Absent 1 ____________________________ Chief Clerk of the House Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
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View plain text versions (9)
- Enrolled Enrollment Current pdf
- Engrossed FIRST ENGROSSMENT pdf
- Prepared by the Legislative Council staff for Representative Anderson View text pdf
- Prepared by the Legislative Council staff for Representative Porter View text pdf
- Adopted by the Senate Energy and Natural Resources Committee View text pdf
- Adopted by the House Energy and Natural Resources Committee View text pdf
- Amended FIRST ENGROSSMENT with Conference Committee Amendments pdf
- Amended FIRST ENGROSSMENT with Senate Amendments pdf
- Introduced View text pdf
Action History
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Filed with Secretary Of State 05/06
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Signed by Governor 05/05
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Sent to Governor
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Signed by Speaker
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Signed by President
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Emergency clause failed
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Second reading, passed as amended, yeas 27 nays 19
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Conference committee report adopted
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Reported back from conference committee, in place of, placed on calendar
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Second reading, passed, yeas 63 nays 26, Emergency clause carried
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Conference committee report adopted
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Reported back from conference committee, in place of, placed on calendar
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Conference committee report rejected
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Reported back from conference committee, in place of, placed on calendar
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Conference committee appointed Patten Kessel Boehm
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Conference committee appointed D. Anderson Dockter Porter
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Refused to concur
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Returned to House (12)
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Second reading, passed as amended, yeas 46 nays 0
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 7 0 0
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Committee Hearing 09:00
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Committee Hearing 10:00
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Introduced, first reading, (emergency), referred Energy and Natural Resources Committee
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Received from House
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Second reading, passed, yeas 85 nays 2, Emergency clause carried
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 11 0 2
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Committee Hearing 09:00
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Introduced, first reading, referred Energy and Natural Resources Committee
Sponsors
- Dick Anderson · Primary
- Mike Berg · Cosponsor
- Glenn Bosch · Cosponsor
- Mike Lefor · Cosponsor
- Alisa Mitskog · Cosponsor
- Anna S. Novak · Cosponsor
- Emily O'Brien · Cosponsor
- Todd Porter · Cosponsor
- Jeremy Olson · Cosponsor
- David Sen. Hogue · Cosponsor
- Richard Sen. Marcellais · Cosponsor
- Dale Sen. Patten · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 11 co-sponsors · 136 not signed on · 21 voted No
Sponsors (1)
- Anderson, Dick Republican
Co-sponsors (11)
- Berg, Mike Republican
- Bosch, Glenn Republican
- Lefor, Mike Republican
- Mitskog, Alisa Democratic
- Novak, Anna S. Republican
- O'Brien, Emily Republican
- Porter, Todd Republican
- Olson, Jeremy Republican
- Sen. Hogue, David
- Sen. Marcellais, Richard
- Sen. Patten, Dale
Not signed on (136)
136 members have not signed on to this bill.
Show all 136 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 26 | 14 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democratic | 0 | 5 | 0 | 0 |
| Total | 27 | 19 | 0 | 1 |
| % of votes cast | 57% | 40% | 0% | 2% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| van Oosting | — | Yea |
| Boschee, Josh | Democratic | Nay |
| Braunberger, Ryan | Democratic | Nay |
| Hogan, Kathy | Democratic | Nay |
| Marcellais, Richard | Democratic | Nay |
| Mathern, Tim | Democratic | Nay |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Nay |
| Bekkedahl, Brad | Republican | Nay |
| Boehm, Keith | Republican | Nay |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Nay |
| Cleary, Sean | Republican | Nay |
| Clemens, David A. | Republican | Nay |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Nay |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Nay |
| Lee, Judy | Republican | Yea |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Nay |
| Magrum, Jeffery J. | Republican | Nay |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Nay |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Nay |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Nay |
| Weber, Mark F. | Republican | Nay |
| Weston, Kent | Republican | Not Voting |
| Wobbema, Mike | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 40 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 46 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| van Oosting | — | Yea |
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Yea |
| Hogan, Kathy | Democratic | Yea |
| Marcellais, Richard | Democratic | Yea |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Yea |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Yea |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Yea |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 76 | 0 | 0 | 6 |
| Democratic | 8 | 2 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 85 | 2 | 0 | 7 |
| % of votes cast | 90% | 2% | 0% | 7% |
How each member voted (94)
| Member | Party | Vote |
|---|---|---|
| Olson | — | Yea |
| Brown, Collette | Democratic | Nay |
| Conmy, Liz | Democratic | Yea |
| Davis, Jayme | Democratic | Not Voting |
| Dobervich, Gretchen | Democratic | Yea |
| Finley-DeVille, Lisa | Democratic | Nay |
| Foss, Austin | Democratic | Yea |
| Hager, LaurieBeth | Democratic | Yea |
| Hanson, Karla Rose | Democratic | Yea |
| Ista, Zachary | Democratic | Yea |
| Mitskog, Alisa | Democratic | Yea |
| Schneider, Mary | Democratic | Yea |
| Anderson, Bert | Republican | Yea |
| Anderson, Dick | Republican | Yea |
| Anderson, Karen A. | Republican | Yea |
| Bahl, Landon | Republican | Yea |
| Beltz, Mike | Republican | Yea |
| Berg, Mike | Republican | Yea |
| Bolinske, Macy | Republican | Yea |
| Bosch, Glenn | Republican | Yea |
| Brandenburg, Mike | Republican | Yea |
| Christianson, Nels | Republican | Yea |
| Christy, Josh | Republican | Not Voting |
| Dockter, Jason | Republican | Yea |
| Dressler, Ty | Republican | Not Voting |
| Fegley, Clayton | Republican | Yea |
| Fisher, Jay | Republican | Yea |
| Frelich, Kathy | Republican | Yea |
| Grindberg, Karen | Republican | Yea |
| Grueneich, Jim | Republican | Not Voting |
| Hagert, Jared C. | Republican | Yea |
| Hatlestad, Patrick R. | Republican | Yea |
| Hauck, Dori | Republican | Yea |
| Headland, Craig | Republican | Yea |
| Heilman, Matthew | Republican | Not Voting |
| Heinert, Pat D. | Republican | Yea |
| Henderson, Donna | Republican | Yea |
| Hendrix, Jared | Republican | Yea |
| Holle, Dawson | Republican | Yea |
| Hoverson, Jeff | Republican | Yea |
| Johnson, Jorin | Republican | Yea |
| Johnston, Daniel | Republican | Yea |
| Jonas, Jim | Republican | Yea |
| Karls, Karen | Republican | Yea |
| Kasper, Jim | Republican | Yea |
| Kempenich, Keith | Republican | Yea |
| Kiefert, Dwight | Republican | Yea |
| Klemin, Lawrence R. | Republican | Yea |
| Koppelman, Ben | Republican | Yea |
| Lefor, Mike | Republican | Yea |
| Longmuir, Donald W. | Republican | Yea |
| Louser, Scott | Republican | Not Voting |
| Maki, Roger A. | Republican | Yea |
| Marschall, Andrew | Republican | Yea |
| Martinson, Bob | Republican | Yea |
| McLeod, Carrie | Republican | Yea |
| Meier, Lisa | Republican | Yea |
| Monson, David | Republican | Yea |
| Morton, Desiree | Republican | Yea |
| Motschenbacher, Mike | Republican | Yea |
| Murphy, Eric J. | Republican | Yea |
| Nathe, Mike | Republican | Yea |
| Nehring, Dennis | Republican | Yea |
| Nelson, Jon O. | Republican | Yea |
| Novak, Anna S. | Republican | Yea |
| O'Brien, Emily | Republican | Yea |
| Olson, Jeremy | Republican | Yea |
| Osowski, Doug | Republican | Yea |
| Ostlie, Mitch | Republican | Yea |
| Porter, Todd | Republican | Yea |
| Pyle, Brandy L. | Republican | Yea |
| Richter, David | Republican | Yea |
| Rios, Nico | Republican | Yea |
| Rohr, Karen M. | Republican | Yea |
| Ruby, Dan | Republican | Yea |
| Ruby, Matthew | Republican | Yea |
| Sanford, Mark | Republican | Yea |
| Satrom, Bernie | Republican | Yea |
| Schatz, Mike | Republican | Yea |
| Schauer, Austen | Republican | Yea |
| Schreiber-Beck, Cynthia | Republican | Not Voting |
| Steiner, Vicky | Republican | Yea |
| Stemen, Gregory | Republican | Yea |
| Swiontek, Steve | Republican | Yea |
| Toman, Nathan | Republican | Yea |
| Tveit, Bill | Republican | Yea |
| VanWinkle, Lori | Republican | Yea |
| Vetter, Steve | Republican | Yea |
| Vigesaa, Don | Republican | Yea |
| Vollmer, Daniel R. | Republican | Yea |
| Wagner, Scott | Republican | Yea |
| Warrey, Jonathan | Republican | Yea |
| Weisz, Robin | Republican | Yea |
| Wolff, Christina | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1459 do?
- 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.
- Who sponsors HB 1459?
- HB 1459 is sponsored by Anderson, Dick (Republican), Berg, Mike (Republican), Bosch, Glenn (Republican), Lefor, Mike (Republican), Mitskog, Alisa (Democratic), Novak, Anna S. (Republican), O'Brien, Emily (Republican), Porter, Todd (Republican), Olson, Jeremy (Republican), Sen. Hogue, David, Sen. Marcellais, Richard, and Sen. Patten, Dale.
- What is the current status of HB 1459?
- This bill has been enacted into law. Introduced January 16, 2025. Enacted.
- Where can I track HB 1459?
- Track HB 1459 free on One Click Politics — get push/email alerts when it moves.
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