The proposed amendments to House Bill No. 1459 introduce a new section to chapter 38-12 of the North Dakota Century Code, focusing on the regulation, development, and production of critical minerals and rare earth minerals. The bill defines key terms such as "critical minerals," "extraction process," "operator," and "processing facility," and grants the industrial commission jurisdiction to enforce these regulations. It emphasizes the significance of these minerals for the economy and national security, while also requiring operators to obtain permits, furnish bonds, file production reports, and conduct environmentally responsible extraction processes. A royalty payment of two and one-half percent of net profits to applicable owners is mandated, and certain provisions are retroactively applied, highlighting the urgency of these regulations.

Furthermore, the bill clarifies the ownership and royalty structure for critical minerals and rare earth minerals found within coal seams, specifying that these minerals are included in coal leases unless explicitly excluded. It establishes a policy to promote the development and utilization of these minerals, recognizing their economic potential and the necessity for domestic production to lessen reliance on foreign sources. The legislation aims to facilitate the extraction and processing of critical minerals while ensuring landowner rights and fostering economic growth in North Dakota.

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
Prepared by the Legislative Council staff for Representative Porter: 38-12-01, 47-10-24
Prepared by the Legislative Council staff for Representative Anderson: 38-12-01, 47-10-24