The North Dakota Senate on Friday adopted an Energy and Natural Resources Committee amendment to House Bill 1459 and passed the bill, directing a formal study of rare earth elements and clarifying that those elements on state lands are part of the state mineral estate, Senator Boehm said.

The amendment, which the committee reported by a 7-0 vote, replaces the original House language with three primary components: a public policy declaration, a study mandate, and an ownership clarification naming rare earth elements part of the state's mineral estate. The chamber approved the amendment and then passed the bill; the secretary recorded a final tally of 46 yeas, 0 nays and 1 absent.

Senator Boehm, speaking for the Energy and Natural Resources Committee, said the bill is intended to position North Dakota as a domestic source of critical minerals used in modern technology and energy systems. "North Dakota is well positioned to be that source," he said. He told colleagues the state's lignite seams contain material that could support extraction and that the amendment was developed with input from the attorney general's office, the Department of Mineral Resources, the Office of State Lands, the State Geological Survey and the governor's office.

The adopted amendment directs a formal study of rare earth elements within the state to inform future legislative or regulatory action and adds explicit public policy language endorsing responsible evaluation and management of those resources. It also clarifies ownership: rare earth elements discovered on state lands are to be treated as part of the state's mineral estate, the amendment states. An initial fourth component concerning post‑combustion byproducts such as fly ash was removed after legal review, Boehm said.

Senator Bain asked whether landowners or mineral-rights owner associations had been included in the committee's discussions; the presenter replied, "Yes, they were." The Senate placed the bill on the fourteenth order of business for final consideration after the amendment adopted; the bill passed with the emergency clause also adopted.

The action requires no immediate regulatory change but sets policy and directs study that could lead to future legislation or rulemaking. The study and clarified ownership could affect state land leasing, mineral contracts and private lease negotiations if rare earth elements are identified on state‑managed tracts.

The bill text enacts new sections and amends Section 38‑12‑01 of the North Dakota Century Code to address critical and rare earth minerals and provides for a legislative management study. The Senate recorded the final passage vote as 46 yeas, 0 nays, 1 absent.