Minnesota SF 875: Boundary Water Canoe Area Wilderness mining restrictions modifications

Bill Text

1.1 A bill for an act​
1.2 relating to natural resources; modifying Boundary Water Canoe Area Wilderness​
1.3 mining restrictions; amending Minnesota Statutes 2024, section 84.523.​
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.5 Section 1. Minnesota Statutes 2024, section 84.523, is amended to read:​
1.6 84.523 BWCA; MANAGING MINERALS AND RELATED RESOURCES.​
1.7 Subdivision 1.Definition.(a) For the purposes of this section, the term following terms​
1.8 have the meanings given them.​
1.9 (b) "Boundary Waters Canoe Area Wilderness" means that area of lands and waters​
1.10 included within the boundaries designated in federal regulation REG U-3, Code of Federal​
1.11 Regulations, title 36, section 293.16, as that regulation provided on January 1, 1975. Public​
1.12 Law 95-495.​
1.13 (c) "Rainy River headwaters" means that area of land and waters included within the​
1.14 Rainy River headwaters of the Rainy River basin designated on the Minnesota Department​
1.15 of Natural Resources map entitled Minnesota's Watershed Basins as identified in Minnesota​
1.16 Rules, part 7050.0470, subpart 2, item A, subitem (1), and designated on the map of​
1.17 Minnesota's Major Watersheds under Minnesota Rules, part 7050.0469 (HUC 09030001).​
1.18 Subd. 2.Intent.The legislature finds that a combination of state legislative and​
1.19 administrative actions and court decisions have established a public policy of primarily​
1.20 wilderness management for state lands and waters within the Boundary Waters Canoe Area​
1.21 Wilderness. This state policy, together with a similar federal policy and international actions​
1.22 consistent with these state and federal policies, has created an area of hundreds of thousands​
1​Section 1.​
25-02129 as introduced​01/13/25 REVISOR CKM/AC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 875​NINETY-FOURTH SESSION​
(SENATE AUTHORS: CWODZINSKI, Johnson Stewart, Port, Kunesh and Rest)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​249​02/03/2025​
Referred to Environment, Climate, and Legacy​
Authors added Johnson Stewart; Port​316​02/06/2025​
Author added Kunesh​346​02/10/2025​
Author added Rest​392​02/13/2025​

2.1 of acres of land and water containing myriad lakes and streams, wooded shores, virgin​
2.2 forests, and other natural attractions of surpassing scenic beauty and solitude, free from​
2.3 substantially all commercial activities and artificial development such as hydroelectric dams​
2.4 and power lines, resorts, roads, sawmills, and timber harvesting in no-cut zones.​
2.5 Subd. 3.Mining; prohibition.Except with the prior approval of the legislature in those​
2.6 cases of national emergency which have been declared by the Congress and which direct​
2.7 the need for exploration and mining of federal lands within the Boundary Waters Canoe​
2.8 Area Wilderness or the Rainy River headwaters, and after an investigation and determination​
2.9 by the commissioner of natural resources pursuant to subdivision 5 no state-owned or​
2.10 administered land may be leased for exploration or mining of minerals, and no state permits,​
2.11 licenses or leases shall be issued to use any other state natural resources for any mineral​
2.12 exploration or mining operations in the Boundary Waters Canoe Area Wilderness and the​
2.13 Rainy River headwaters. Mining for taconite or iron ore, sand, gravel, and granite may be​
2.14 allowed on state-owned or administered land in the Rainy River headwaters if the​
2.15 commissioner of natural resources determines that the mining will not be detrimental to the​
2.16 Boundary Waters Canoe Area Wilderness.​
2.17 Subd. 4.Peat harvesting; prohibition.Except with prior approval of the legislature in​
2.18 those cases of national emergency which have been declared by the Congress and which​
2.19 direct the need for exploitation of peat deposits on federal land within the Boundary Waters​
2.20 Canoe Area Wilderness, and after an investigation and determination by the commissioner​
2.21 of natural resources pursuant to subdivision 5 no state-owned or administered land may be​
2.22 leased for the purpose of harvesting peat, and no state permits, licenses or leases shall be​
2.23 issued to use any other state natural resources for the purpose of harvesting peat in the​
2.24 Boundary Waters Canoe Area Wilderness.​
2.25 Subd. 5.Investigation and determination.In the event of a national emergency declared​
2.26 by Congress which requires, for the protection of national interests, exploitation of natural​
2.27 resources of the type found in the Boundary Waters Canoe Area Wilderness or the Rainy​
2.28 River headwaters, the commissioner of natural resources shall investigate and determine if​
2.29 there are reasonable alternative methods for providing the needed resources. If the​
2.30 investigation shows there are reasonable alternatives to exploitation of natural resources in​
2.31 the area, no permit for development shall be issued. If the commissioner of nat