BISMARCK, N.D. (North Dakota Monitor) – A landmark North Dakota law approved this year accidentally lumped in two fake names in a list of critical minerals that appear to be inspired by coal company lawyers who worked on the bill.
The inclusion of fictional substances is being called an embarrassment by one state official, a possible practical joke by coal industry leaders and mystifying by the lawmakers who worked on the bill.
The fake minerals are friezium and stralium, apparent references to Christopher Friez and David Straley, attorneys for North American Coal who were closely involved in drafting the bill and its amendments. Straley said they were not responsible for adding the fake names.
“I assume it was put in to embarrass us, or to make light of it, or have a practical joke,” Straley said, adding it could have been a clerical error.
Agriculture Commissioner Doug Goehring questioned the two substances listed in state law during a Wednesday meeting of the North Dakota Industrial Commission, which is poised to adopt rules based on the legislation.
“This statute and the rules would be the first in the nation,” Goehring said. “It would be kind of embarrassing for the rest of the country to look at us and say ‘Really? Do you guys even know what you’re doing?’”
Friezium and stralium first appeared in the bill on the last afternoon of the legislative session as lawmakers hurried to pass several final bills. The legislation that aims to keep North Dakota on the forefront of critical mineral development received approval from the House after 9 p.m. and the Senate after 10 p.m.
The amended bill is labeled as prepared by Legislative Council for Rep. Dick Anderson, R-Willow City, the prime sponsor and chair of the conference committee. Anderson said the amendments were prepared by a group of attorneys and legislators, including representatives from the coal industry.
It remains unclear who added the fictional minerals to the amendment and why.
“I wasn’t part of that team that sat up there and worked on that bill,” Anderson said. “I know it’s my name on it, and I should have checked it out.”
The conference committee that advanced the amendment consisted of Sens. Dale Patten, Jonathan Sickler, Keith Boehm and Reps. Anderson, Anna Novak and Todd Porter. Patten, Anderson and Porter said they were unaware of the last-minute addition of the two fake minerals. Novak, Boehm and Sickler did not immediately return requests for comment. Friez declined to comment, and Straley said Friez was not involved with drafting the amendment.
John Bjornson, director of Legislative Council, said legislative staff are not experts on critical minerals. They take content submitted by legislators and format it. Staff will conduct a more rigorous review if a lawmaker requests it.
“We kind of take people at their word that they know what they’re doing,” Bjornson said.
Bjornson said a Legislative Council attorney flagged and removed a fictional mineral, “docterium,” earlier in the session from an unofficial draft of the same bill before it became part of the legislative record.
Anderson recalls joking about finding docterium, a reference to Rep. Jason Dockter, during a committee hearing. The lawmaker said he noticed the term in an unofficial draft afterward and immediately asked Legislative Council to remove it.
The Monitor requested a copy of the draft that lists docterium, but Bjornson said it’s protected by legislative privilege, which Anderson declined to waive. The Monitor could not confirm the spelling of the fake mineral, but Anderson said it was spelled “docterium.”
Goehring, a self-proclaimed chemistry geek, said he noticed the inclusion of the mystery minerals while preparing for the Industrial Commission meeting. He’d never heard of them and could find no evidence they existed, so he decided to ask the state geologist about it.
State Geologist Ed Murphy said he reviewed an earlier list of minerals in the bill but was not asked to review the final version.
Jonathan Fortner, president of the Lignite Energy Council that represents the coal industry, said it’s unfortunate this happened in such an important bill.
“From the president on down, everyone’s interested in developing domestic critical minerals for national security reasons,” Fortner said. “While this may have been a legislative joke between some people that somehow got through, the bigger picture is one that is important and is a very serious matter.”
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