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.
1.4BE 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
1.8have the meanings given them.
1.9 (b) "Boundary Waters Canoe Area Wilderness" means that area of lands and waters
1.10included within the boundaries designated in federal regulation REG U-3, Code of Federal
1.11Regulations, title 36, section 293.16, as that regulation provided on January 1, 1975. Public
1.12Law 95-495.
1.13 (c) "Rainy River headwaters" means that area of land and waters included within the
1.14Rainy River headwaters of the Rainy River basin designated on the Minnesota Department
1.15of Natural Resources map entitled Minnesota's Watershed Basins as identified in Minnesota
1.16Rules, part 7050.0470, subpart 2, item A, subitem (1), and designated on the map of
1.17Minnesota'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
1.19administrative actions and court decisions have established a public policy of primarily
1.20wilderness management for state lands and waters within the Boundary Waters Canoe Area
1.21Wilderness. This state policy, together with a similar federal policy and international actions
1.22consistent with these state and federal policies, has created an area of hundreds of thousands
1Section 1.
25-02129 as introduced01/13/25 REVISOR CKM/AC
SENATE
STATE OF MINNESOTA
S.F. No. 875NINETY-FOURTH SESSION
(SENATE AUTHORS: CWODZINSKI)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/03/2025
Referred to Environment, Climate, and Legacy 2.1of acres of land and water containing myriad lakes and streams, wooded shores, virgin
2.2forests, and other natural attractions of surpassing scenic beauty and solitude, free from
2.3substantially all commercial activities and artificial development such as hydroelectric dams
2.4and 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
2.6cases of national emergency which have been declared by the Congress and which direct
2.7the need for exploration and mining of federal lands within the Boundary Waters Canoe
2.8Area Wilderness or the Rainy River headwaters, and after an investigation and determination
2.9by the commissioner of natural resources pursuant to subdivision 5 no state-owned or
2.10administered land may be leased for exploration or mining of minerals, and no state permits,
2.11licenses or leases shall be issued to use any other state natural resources for any mineral
2.12exploration or mining operations in the Boundary Waters Canoe Area Wilderness and the
2.13Rainy River headwaters. Mining for taconite or iron ore, sand, gravel, and granite may be
2.14allowed on state-owned or administered land in the Rainy River headwaters if the
2.15commissioner of natural resources determines that the mining will not be detrimental to the
2.16Boundary Waters Canoe Area Wilderness.
2.17 Subd. 4.Peat harvesting; prohibition.Except with prior approval of the legislature in
2.18those cases of national emergency which have been declared by the Congress and which
2.19direct the need for exploitation of peat deposits on federal land within the Boundary Waters
2.20Canoe Area Wilderness, and after an investigation and determination by the commissioner
2.21of natural resources pursuant to subdivision 5 no state-owned or administered land may be
2.22leased for the purpose of harvesting peat, and no state permits, licenses or leases shall be
2.23issued to use any other state natural resources for the purpose of harvesting peat in the
2.24Boundary Waters Canoe Area Wilderness.
2.25 Subd. 5.Investigation and determination.In the event of a national emergency declared
2.26by Congress which requires, for the protection of national interests, exploitation of natural
2.27resources of the type found in the Boundary Waters Canoe Area Wilderness or the Rainy
2.28River headwaters, the commissioner of natural resources shall investigate and determine if
2.29there are reasonable alternative methods for providing the needed resources. If the
2.30investigation shows there are reasonable alternatives to exploitation of natural resources in
2.31the area, no permit for development shall be issued. If the commissioner of natural resources
2.32determines there is a need to provide resources from within the Boundary Waters Canoe
2.33Area Wilderness, and that there is no reasonable alternative available to meet the need, a
2.34permit may be issued upon approval by the state legislature.
2Section 1.
25-02129 as introduced01/13/25 REVISOR CKM/AC 3.1 Subd. 6.State-owned lands.Acquired lands owned by the state within the Boundary
3.2Waters Canoe Area Wilderness defined in subdivision 1 are designated as state wilderness
3.3areas under section 86A.05, subdivision 6.
3Section 1.
25-02129 as introduced01/13/25 REVISOR CKM/AC