ND HB1459

Defines "critical minerals" and "rare earth minerals" as those chemically bound or contained within coal seams or coal deposits, including over 40 specified elements such as lithium, cobalt, uranium, and rare earth elements essential to U.S. economic and national security.

Establishes that coal leases in North Dakota automatically include rights to all critical minerals and rare earth minerals within the coal unless specifically excluded, applying retroactively to existing leases.

Requires operators to pay mineral owners a royalty of at least 2.5% of gross proceeds from critical minerals and rare earth minerals sold, due annually by March 31st of the following year.

Declares coal ash and coal gasification products, including all minerals contained therein, as property of the coal conversion facility owner/operator, shielding them from liability for any minerals combusted or processed.

Passed the House 63-26 and Senate 27-19, with provisions applying retroactively to existing agreements.