North Dakota 69th Legislative Assembly (2025-26) Status: Enacted Bipartisan · 10 R · 2 D cosponsors

HB 1459 — 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.

Last action — Filed with Secretary Of State 05/06

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

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 chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 2 D) — cross-party backing.

  • 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

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 removed

Plain-language change summary

The updated version of House Bill 1459 includes a clearer definition of "critical minerals" and specifies that these minerals can be found within coal seams or deposits, which broadens the scope of what is considered critical. Additionally, the bill has been revised to remove a previous section regarding penalties and emergency declarations, simplifying the legislation. These changes are important because they clarify the types of minerals the state is focusing on and ensure that regulations will be more straightforward for those involved in mineral extraction and management.

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25.1038.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 HOUSE BILL NO.
1459 Introduced by Representatives D.
1459 (Representatives D.
Olson, Porter, Lefor Senators Hogue, Marcellais, Patten A BILL for an Act to create and enact a new chapter to title 38 of the North Dakota Century Code, relating to regulations, development, and production of critical minerals and rare earth elements;
Olson, Porter, Lefor) (Senators Hogue, Marcellais, Patten) 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 38-12-02 and 47-10-24 of the North Dakota Century Code, relating to the authority of the industrial commission and descriptions and definitions of minerals in leases and conveyances;
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;
to provide a penalty;
and to provide for retroactive application.
and to declare an emergency.
A new chapter to title 38 of the North Dakota Century Code is created and enacted as follows:
AMENDMENT.
Section 38-12-01 of the North Dakota Century Code is amended and reenacted as follows:
38-12-01.
As used in this chapter:
As used in this chapter, unless the context otherwise requires:
"Commission" means the industrial commission.
"Commission" means the industrial commission of the state of North Dakota.
"Critical minerals" 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.
"Critical mineral" means a nonfuel mineral or 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, barite, bauxite, beryllium, bismuth, cesium, chromium, cobalt, fluorspar, gallium, germanium, graphite, hafnium, helium, indium, lithium, magnesium, manganese, niobium, platinum group metals, potash, the rare earth elements group, rhenium, rubidium, scandium, strontium, tantalum, tellurium, tin, titanium, tungsten, uranium, vanadium, and zirconium, which are embedded, commingled, included, contained within, or in any way associated with any coal seam or coal deposit.
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 which are chemically bound, embedded, commingled, included, or contained within a coal seam or coal deposit.
Page No.
3.
1 25.1038.02000 Sixty-ninth Legislative Assembly 3.
"Extraction facility" means any well or mine or other extractive process operated for the purpose of recovering subsurface minerals.
"Extraction 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.
3.4.
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" 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.
4.5.
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" means the person who owns the critical minerals or rare earth elements.
5.6.
6.
7.
6.7.
"Processing facility" means any equipment, processing plant, or other facility operated with the purpose or intent of extracting critical minerals or rare earth elements embedded, commingled, included, contained within, or in any way associated with a coal seam or coal deposit.
"Producer" means the owner of an extraction facility which is or has been capable of producing subsurface minerals.
8.
7.8.
"Rare earth elements" 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, yttrium and scandium, which are embedded, commingled, included, contained within, or in any way associated with any coal seam or coal deposit.
"Rare earth 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, yttrium, and scandium which are chemically bound, embedded, commingled, included, or contained within a coal seam or coal deposit.
Public policy.
H.
It 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.
B.
Critical minerals and rare earth elements are fundamental to the economy, competitiveness, and security of the United States.
NO.
Many critical minerals and rare earth elements are broadly disseminated and can only be recovered when produced as part of another extractive activity of Page No.
1459 - PAGE 2 9.
2 25.1038.02000 Sixty-ninth Legislative Assembly a host mineral which for purposes of this chapter is coal.
"Subsurface minerals" means all naturally occurring elements and their compounds, volcanic ash, precious metals, carbonates, and natural mineral salts of boron, bromine, calcium, 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.
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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.
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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:
Section 38-12-02 of the North Dakota Century Code is amended and reenacted as follows:
Declaration of policy for critical minerals and rare earth 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:
To require:
It 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.
To regulate the drilling and abandonment of exploration test holes and producing wells and all other exploration, development, production, and reclamation operations.
The legislative assembly acknowledges the public interest to foster, encourage, and promote the development, production, and utilization of all natural resources of coal, and the public interest is served by the preservation of existing coal conversion facilities, which significantly contribute to the state economy and general public.
To promulgate and to enforce rules, regulations, and orders to effectuate the purposes and the intent of this chapter.
Development of critical minerals and rare earth minerals also may lead to significant economic benefits for owners, new jobs in mining, processing, and related industries, and contributions 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.
To inspect all exploration, development, and production sites.
As reflected in federal policy, the legislative assembly recognizes critical minerals and rare earth minerals are fundamental to the economy, competitiveness, and security of the United States.
For the purposes of this subsection, the director of mineral resources or the director's representative shall have access to all exploration, development, or production installations for purposes of inspection and shall have the authority to require the operator's aid if it is necessary and is requested.
The United States relies on foreign nations to supply these critical minerals and rare earth minerals to develop and manufacture medical devices, information technology, and equipment and technology for national defense, energy infrastructure, and other 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.
To regulate the exploration of critical minerals embedded, commingled, included, contained within, or in any way associated with a coal seam or coal deposit located outside of any surface coal mine permit boundary approved by the public service commission.
This chapter provides potential for coal owners and critical mineral and rare earth mineral owners to obtain added value from the development of critical minerals and rare earth minerals extracted from coal.
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.
Page No.
47-10-24.
6 25.1038.02000 Sixty-ninth Legislative Assembly 47-10-24.
Except as provided in subsection 3 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.
Except as provided in subsection 3, 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 3 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.
TheExcept as provided in subsection 3, 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.
As 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.
B.
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 declared to be an emergency measure.
This Act is retroactive in application.
Page No.
H.
7 25.1038.02000
B.
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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Action History

  1. Filed with Secretary Of State 05/06

  2. Signed by Governor 05/05

  3. Sent to Governor

  4. Signed by Speaker

  5. Signed by President

  6. Emergency clause failed

  7. Second reading, passed as amended, yeas 27 nays 19

  8. Conference committee report adopted

  9. Reported back from conference committee, in place of, placed on calendar

  10. Second reading, passed, yeas 63 nays 26, Emergency clause carried

  11. Conference committee report adopted

  12. Reported back from conference committee, in place of, placed on calendar

  13. Conference committee report rejected

  14. Reported back from conference committee, in place of, placed on calendar

  15. Conference committee appointed Patten Kessel Boehm

  16. Conference committee appointed D. Anderson Dockter Porter

  17. Refused to concur

  18. Returned to House (12)

  19. Second reading, passed as amended, yeas 46 nays 0

  20. Amendment adopted, placed on calendar

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

  22. Committee Hearing 09:00

  23. Committee Hearing 10:00

  24. Introduced, first reading, (emergency), referred Energy and Natural Resources Committee

  25. Received from House

  26. Second reading, passed, yeas 85 nays 2, Emergency clause carried

  27. Amendment adopted, placed on calendar

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

  29. Committee Hearing 09:00

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

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 136 not signed on · 20 voted No

Sponsors (1)

Co-sponsors (11)

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.

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

Motion for Final Passage on HB 1459

Passed 27 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 271401
Democratic 0500
Total 271901
% of votes cast 57%40%0%2%
How each member voted (47)
Member Party Vote
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
van Oosting, Desiree Republican Yea

Official roll call →

Motion for Final Passage on HB 1459

Passed 46 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 41001
Democratic 5000
Total 46001
% of votes cast 98%0%0%2%
How each member voted (47)
Member Party Vote
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
van Oosting, Desiree Republican Yea

Official roll call →

Motion for Final Passage on HB 1459

Passed 85 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 77006
Democratic 8201
Total 85207
% of votes cast 90%2%0%7%
How each member voted (94)
Member Party Vote
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
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

Official roll call →

Subjects

agriculture energy
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Frequently asked questions

What does HB 1459 do?
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 Porter, Todd (Republican), Patten, Dale (Republican), Novak, Anna S. (Republican), Mitskog, Alisa (Democratic), Marcellais, Richard (Democratic), Lefor, Mike (Republican), Hogue, David (Republican), Bosch, Glenn (Republican), Berg, Mike (Republican), Anderson, Dick (Republican), O'Brien, Emily (Republican), and Olson, Jeremy (Republican).
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?
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