The proposed bill seeks to establish new regulations for the development and production of critical minerals and rare earth elements in North Dakota by adding two new sections to Chapter 38-12 of the North Dakota Century Code. It defines critical minerals and rare earth elements, outlines the jurisdiction of the industrial commission, and emphasizes the significance of these resources for the economic and national security of the United States. Key provisions include a permitting requirement for operators, a royalty system based on net profits from extracted minerals, and the commission's authority to adopt rules and conduct inspections. The bill also mandates that extraction processes protect freshwater supplies and public safety, while promoting responsible resource management.

Additionally, the bill amends existing laws regarding mineral rights and leases, ensuring that coal leases automatically include all critical minerals and rare earth elements unless specifically excluded. It clarifies that title to these resources is vested in the owner of the mineral estate and establishes a policy framework to encourage their development. A legislative study is also mandated for the 2025-26 interim to assess the feasibility of unitizing and pooling these minerals, addressing legal and technical barriers, ownership laws, and royalty payments. Overall, the bill aims to enhance the regulation and responsible extraction of critical minerals and rare earth elements in North Dakota, balancing economic interests with environmental protection.

Statutes affected:
INTRODUCED: 47-10-24
Adopted by the House Energy and Natural Resources Committee: 38-12-02, 47-10-24
FIRST ENGROSSMENT: 38-12-02, 47-10-24
Adopted by the Senate Energy and Natural Resources Committee: 38-12-01