Bills
| 3.23.22

Restoring Mining Leases in a Minnesota Nat’l Forest and Blocking Monument Designations There Without Congress' Approval (H.R. 3905)

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What is H.R. 3905?

(Updated January 14, 2019)

This bill — known as the MINER Act — would require that the removal of National Forest System lands in Minnesota from availability for mining or the establishment of a national monument on such lands be approved by Congress. The bill would also restore two mineral leases in Minnesota’s Superior National Forest that were canceled by the Obama administration’s Bureau of Land Management (BLM) in December 2016 and modify those lease terms. Nothing in this bill could be construed as allowing the prospecting and utilization of mineral resources in the Boundary Waters Canoe Area Wilderness or Mine Protection Area.

The bill would also specify that mineral leases on forest system lands in Minnesota be issued for an initial 20-year period and renewable for 10-year periods if the lessee complied with the lease’s terms and conditions during the prior period and the lease encourages production or addresses changing conditions in the lease area. The Secretary of the Interior could suspend operations under a lease if the lease can only be operated at a loss due to market conditions or if operations are interrupted by strikes.

Environmental reviews required by the National Environmental Policy Act (NEPA) for mineral leases covered by this bill would have to be completed within 30 days of this bill’s enactment. The Dept. of the Interior and the Forest Service (through the Dept. of Agriculture) would be authorized to grant permits for using surface lands not included in the lease for purposes connected to the development, exploration, and use of deposits covered by the lease.

The bill’s full title is the Minnesota’s Economic Rights in the Superior National Forest Act.

Argument in favor

The Obama administration was wrong to revoke the mining leases that had been issued in Minnesota’s national forests to help the local economy via copper mining. The mining leases should be restored, and Congress should be responsible for approving monument designations or mining lease withdrawals on that land.

Argument opposed

The Obama administration was right to revoke these mining leases because they'd threaten the pristine nature of the region as a tourist attraction supporting the local economy. Mining shouldn’t be allowed in Minnesota’s national forests until the current environmental review process plays out at its scheduled pace, if ever.

Impact

Companies with mining leases that would or could be affected by the bill; and relevant federal agencies.

Cost of H.R. 3905

The CBO estimates that enacting this bill would increase offsetting receipts from mineral leases, decreasing spending by $2 million over the 2018-2027 period.

Additional Info

In-Depth: Sponsoring Rep. Tom Emmer (R-MN) introduced this bill to require that Congress approve any proposal to withdraw mining leases in Minnesota national forests or designate such an area as a national monument:

“In their final hours, the Obama Administration enacted a series of harmful and reckless policies, which have hindered our ability to utilize our state’s abundance of natural resources and bring jobs to a part of our state that badly needs them. I know that we can responsibly mine and bring jobs back to this region without destroying the forests, lakes and streams that all Minnesotans hold dear. That is why I am proud to introduce the MINER Act, which will allow mining as long as it meets strict environmental requirements, so that we can advance our state and local economies while protecting Minnesota’s beauty for future generations.”

House Democrats strongly opposed this legislation in committee, writing in its report:

“We strongly oppose H.R. 3905 because it would risk the health and vitality of the most visited wilderness area in America, the Boundary Waters Canoe Area Wilderness in northern Minnesota. The BWCAW and the neighboring Voyageurs National Park power the economy of that region, supporting 22,000 jobs and $1.4 billion in visitor spending, all of which are dependant on the unspoiled character of the more than 1,000 lakes in the area. This legislation would reverse recent decisions by federal agencies and stop an environmental review in its tracks in order to promote a Chilean mining conglomerate’s proposed copper sulfide mine that would sit right at the edge of the BWCAW.”

This legislation passed the House Natural Resources Committee on a party-line 17-13 vote and has the support of three cosponsors, including two Republicans and one Democrat.


Media:

Summary by Eric Revell

(Photo Credit: Yinan Chen / Creative Commons)