North Dakota 69-2025 Assembly Status: Enacted

SB 2117 — Relating to abandoned surface mine reclamation.

Last action — Filed with Secretary Of State 04/17

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2025. Enacted.

Signed by Governor Kelly Armstrong (Republican) on April 18, 2025.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

178 added · 189 removed

Plain-language change summary

The recent amendment to Senate Bill 2117 clarifies the definition and requirements for an "abandoned mine reclamation plan" in North Dakota. This plan must now include specific criteria for prioritizing projects to be funded, as well as ensuring that the reclamation efforts align with the legal standards set by federal regulations. This change is important because it aims to enhance the effectiveness of reclamation efforts and ensures that funds are directed toward areas that most need them, ultimately helping the environment and local communities affected by past mining activities.

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25.8067.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.
2117 Introduced by Energy and Natural Resources Committee (At the request of the Public Service Commission) A BILL for 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.
2117 (Energy and Natural Resources Committee) (At the request of the Public Service Commission) 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.
Page No.
b.
1 25.8067.02000 Sixty-ninth Legislative Assembly b.
(1) Reclamation and restoration of abandoned surface mined areas, abandoned coal processing areas, and abandoned coal refuse disposal areas.
S.
B.
NO.
2117 - PAGE 2 (1) Reclamation and restoration of abandoned surface mined areas, abandoned coal processing areas, and abandoned coal refuse disposal areas.
Page No.
d.
2 25.8067.02000 Sixty-ninth Legislative Assembly d.
Revenue to the set-aside trust account must be ten percent of the amount granted by the secretary of the interior under title IV of Public Law 95-87 as provided by Public Law 100-34 for amounts awarded before December 20, 2006.
Revenue to the set-aside trust account must be ten percent of the amount granted by the secretary of the interior under title IV of Public Law 95-87 as provided by Public Law 100-34for amounts awarded before December 20, 2006.
The remaining funds in the account may only be used in accordance with section 38-14.2-07 but no funds may be used on noncoal projects.
The remaining funds in the account may only be used in accordance with subdivisions a, b, and c, of subsection 1 of section 38-14.2-07 but no funds may be used on noncoal projects.
The state has no obligations under this subsection except to the extent of federal funds deposited in the coal mine mitigation account and the interest thereon to operate the program.
The state has no obligations under this subsection except to the extent of federal funds deposited in the coal mine mitigationstate abandoned mine reclamation fund set-aside trust account and the interest thereon to operate the program.
Revenue to the set-aside trust account must be no more than thirty percent of the amount granted by the secretary of interior under title IV of Public Law No.
Revenue to the set-aside trust account must be no more than thirty percent of the annual amount granted by the secretary of interior under title IV of Public Law No.
117-58.
117-58 and Public Law No.
117-328.
Page No.
b.
3 25.8067.02000 Sixty-ninth Legislative Assembly b.
and c.
or S.
B.
NO.
2117 - PAGE 3 c.
7901 et seq.] or listed for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C.
et seq.] or listed for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C.
Page No.
1.
4 25.8067.02000 Sixty-ninth Legislative Assembly 1.
b.
and (2) Located adjacent to a site that has been or will be remediated.
and (2) Located adjacent to a site that has been or will be remediated to protect the public health, safety, and property from extreme danger of adverse effects of coal mining practices.
c.
b.
and (2) Located adjacent to a site that has been or will be remediated.
and (2) Located adjacent to a site that has been or will be remediated to protect the public health and safety from adverse effects of coal mining practices.
d.
c.
The restoration of eligible land and water resources and the environment geographically contiguous to an area provided in subdivisions b or c previously degraded by adverse effects of past coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity.
The restoration of eligible land and water resources and the environment previously degraded by adverse effects of past coal mining practices, including measures for the S.
B.
NO.
2117 - PAGE 4 conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity.
e.
Research and demonstration projects relating to the development of surface coal mining reclamation and water quality control program methods and techniques.
Research and demonstration projects relating to the development of surface coal mining reclamation and water quality control program methods and techniquesThe restoration of eligible land and water resources and the environment, which is not geographically contiguous to the area provided in subdivisions b and c, previously degraded by adverse effects of past coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreation resources, and agricultural productivity.
f.
d.
The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely Page No.
The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by pastwater supply facilities, including water distribution facilities and treatment plants adversely affected by coal mining practices.
5 25.8067.02000 Sixty-ninth Legislative Assembly affected by pastwater supply facilities, including water distribution facilities and treatment plants adversely affected by coal mining practices.
g.
2.
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Expenditure of funds from the project under this subsection must reflect the priorities in the order stated:
h.
a.
The protection of the public from hazards to health and safety from the adverse effects of past noncoal mining practices.
The protection of the public from hazards to health and, safety, general welfare, and property from the adverse effects of past noncoal mining practices.
i.
b.
The restoration of the environment degraded by the adverse effects of past noncoal mining.
The restoration of the environment degraded by theprotection of public health, safety, and general welfare from adverse effects of past noncoal mining practices.
j.
c.
The construction of public facilities in accordance with section 38-14.2-05.
The construction of public facilities in accordance with section 38-14.2-05restoration of land and water resources and the environment previously degraded by the adverse effects of noncoal mining practices.
2.
3.
The abandoned mine reclamation priority under subdivision e of subsection 1 must be funded exclusively by moneys provided by the Infrastructure Investment and Jobs Act [Pub.
Funds granted by the secretary of interior under title IV of Public Law No.
L.
95-87 as provided by Public Law No.
117-58] unless subdivisions b through d of subsection 1 have been completed and the abandoned mine reclamation program has certified the conditions to the United States secretary of interior.
117-58 may be used only for the activities described in subsection 1.
Page No.
S.
6 25.8067.02000
B.
NO.
2117 - PAGE 5 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
2117.
Senate Vote:
Yeas 46 Nays 0 Absent 1 House Vote:
Yeas 89 Nays 0 Absent 5 ____________________________ Secretary of the Senate 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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Action History

  1. Filed with Secretary Of State 04/17

  2. Signed by Governor 04/17

  3. Sent to Governor

  4. Signed by President

  5. Signed by Speaker

  6. Second reading, passed, yeas 46 nays 0

  7. Concurred

  8. Returned to Senate (12)

  9. Second reading, passed as amended, yeas 89 nays 0

  10. Amendment adopted, placed on calendar

  11. Reported back amended, do pass, amendment placed on calendar 11 0 2

  12. Committee Hearing 09:00

  13. Introduced, first reading, referred Energy and Natural Resources Committee

  14. Received from Senate

  15. Second reading, passed, yeas 47 nays 0

  16. Amendment adopted, placed on calendar

  17. Reported back amended, do pass, amendment placed on calendar 7 0 0

  18. Committee Hearing 09:30

  19. Introduced, first reading, referred Energy and Natural Resources Committee

Sponsors

  • Senate Energy and Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Senate Energy and Natural Resources

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 46 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 40001
Democratic 5000
Unaffiliated 1000
Total 46001
% 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 Not Voting
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 Yea

Official roll call →

Final Passage

Passed 89 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 78004
Democratic 10001
Unaffiliated 1000
Total 89005
% of votes cast 95%0%0%5%
How each member voted (94)
Member Party Vote
Olson — Yea
Brown, Collette Democratic Not Voting
Conmy, Liz Democratic Yea
Davis, Jayme Democratic Yea
Dobervich, Gretchen Democratic Yea
Finley-DeVille, Lisa Democratic Yea
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 Not Voting
Beltz, Mike Republican Yea
Berg, Mike Republican Yea
Bolinske, Macy Republican Yea
Bosch, Glenn Republican Yea
Brandenburg, Mike Republican Not Voting
Brown, TJ Republican Yea
Christianson, Nels Republican Yea
Dockter, Jason Republican Yea
Dressler, Ty Republican Yea
Fegley, Clayton Republican Yea
Fisher, Jay Republican Yea
Frelich, Kathy Republican Yea
Grindberg, Karen Republican Yea
Grueneich, Jim Republican Yea
Hagert, Jared C. Republican Yea
Hatlestad, Patrick R. Republican Yea
Hauck, Dori Republican Yea
Headland, Craig Republican Yea
Heilman, Matthew Republican Yea
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 Not Voting
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 Yea
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 Not Voting
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 Yea
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

Official roll call →

Final Passage

Passed 47 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 41000
Democratic 5000
Unaffiliated 1000
Total 47000
% of votes cast 100%0%0%0%
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 Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 2117 do?
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.
Who sponsors SB 2117?
SB 2117 is sponsored by Senate Energy and Natural Resources.
What is the current status of SB 2117?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track SB 2117?
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