What Comes Next In The Fight To Protect The Boundary Waters

On Thursday, April 16th, the United States Senate voted to pass H.J. Resolution 140, 50-49. Despite months of emails and phone calls and a massive, concerted effort by Sportsmen for the Boundary Waters and partner organizations from around the country in recent days, the vote went largely along party lines, with only two Republicans voting “no.” We are incredibly grateful for Senators Tillis (R- NC) and Collins (R-ME) for breaking party lines and standing up for the Boundary Waters, but extremely disappointed in the Senators who voted for the measure, especially those who are members of sporting and stewardship caucuses.

So what happens now? What does the passage of HJ Res 140 actually mean? Here at Sportsmen for the Boundary Waters, we want to set the record straight and ensure that, no matter what the next steps are, we’re all working together with the most accurate information available. 

What does this mean for the Boundary Waters?

Using the Congressional Review Act (CRA), this bill rescinds Public Land Order (PLO) 7917 – the 20-year mineral withdrawal of roughly 225,000 acres in Superior National Forest, within the Rainy River Watershed that was set in place by then-Secretary of the Interior, Deb Haaland. 

One of the caveats of using the CRA in this fashion is that no future administration can re-implement that same withdrawal. This sets a dangerous precedent for public lands everywhere. The decision bars the Department of the Interior from issuing similar protections in the future without new Congressional authorization. With a simple majority in both chambers of Congress, Public Land Orders dating back to 1996 can be permanently removed nationwide.

What comes next:

The passage of HJ Res 140 does not give Twin Metals, the company proposing a copper-nickel mine upstream from the Boundary Waters, permission to break ground. Additionally, this legislation does not necessarily fast-track permitting, guarantee eventual permits, or even return leases. 

That being said, the removal of the mineral withdrawal that this legislation accomplishes allows the administration to return leases to Twin Metals, which we fully anticipate will happen in short order. This assumption is based on the administration’s support for the bill and President Trump’s public support for the project during his campaign. 

Once Twin Metals has its mining leases returned, the company will have to submit a plan of operations and begin the permitting process with the Bureau of Land Management (BLM) and United States Forest Service (USFS), as well as the state of Minnesota. Minnesota’s Department of Natural Resources (DNR) is the primary regulator for mining in the state. Even if federal leases are issued, a mine cannot be built without state permits. Additional State Permits and approvals are issued by Minnesota agencies, such as the Minnesota Pollution Control Agency, and include water discharge, wetlands, dam safety, and air permits.

What we’re watching:

For the last year, we have been closely monitoring a number of executive orders, bills, and changes to environmental laws that haven’t had immediate impacts on our work to protect the Boundary Waters, with the understanding that if Twin Metals were to have their leases returned, many of these actions could become extremely pertinent. Chiefly, changes to the National Environmental Protection Act (NEPA), the Clean Water Act of 1972, implementation of Executive Orders “Immediate Measures to Increase American Mineral Production” and “Unleashing American Energy,” and changes to the Environmental Protection Agency (EPA) could have dramatic effects on the Twin Metals project. 

Bedrock environmental laws, such as NEPA, guide federal agencies when permitting projects. Without the high standards these regulations set, companies like Twin Metals could have opportunities to cut corners, increasing the likelihood of environmental degradation. 

Moving forward, Sportsmen for the Boundary Waters looks forward to working with a broad coalition of state and federal partners to a.) hold the members of Congress who voted for this accountable b.) ensure whatever processes the Twin Metals project may be subjected to are done to the highest standards c.) work to pass state legislation to permanently protect the Boundary Waters and its watersheds d.) push back and do everything within our power to prevent this mine from ever seeing shovels in the ground. 

What can you do now?

Stay fired up! Congress just kicked the hornet’s nest, and we will never back down. Hold your Senators accountable and tell them how you feel about the vote by using the Capitol Switchboard number (202) 224-3121. Did your Senator vote No on H.J. Res. 140? Call and thank them for supporting the Boundary Waters and our public lands across the country. Did your Senator vote yes to pass H.J. Res. 140? Hold those elected officials accountable. The gloves are off – these Senators must continue to hear that their short-sighted decision just sold out the Boundary Waters. 

Additionally, it is within the state’s power to prevent the Twin Metals mine from moving forward. Currently, legislation has been introduced at the state level to permanently protect the Boundary Waters from copper-nickel mining. Minnesota residents – take action now by sending a message supporting this critical legislation below. 

Support Sportsmen for the Boundary Waters and our continued work to protect the Boundary Waters at the state and federal levels by making a donation to our efforts today. 

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