1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to natural resources; modifying Boundary Water Canoe Area Wilderness |
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3 | 3 | | 1.3 mining restrictions; amending Minnesota Statutes 2024, section 84.523. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 84.523, is amended to read: |
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6 | 6 | | 1.6 84.523 BWCA; MANAGING MINERALS AND RELATED RESOURCES. |
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7 | 7 | | 1.7 Subdivision 1.Definition.(a) For the purposes of this section, the term following terms |
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8 | 8 | | 1.8have the meanings given them. |
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9 | 9 | | 1.9 (b) "Boundary Waters Canoe Area Wilderness" means that area of lands and waters |
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10 | 10 | | 1.10included within the boundaries designated in federal regulation REG U-3, Code of Federal |
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11 | 11 | | 1.11Regulations, title 36, section 293.16, as that regulation provided on January 1, 1975. Public |
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12 | 12 | | 1.12Law 95-495. |
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13 | 13 | | 1.13 (c) "Rainy River headwaters" means that area of land and waters included within the |
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14 | 14 | | 1.14Rainy River headwaters of the Rainy River basin designated on the Minnesota Department |
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15 | 15 | | 1.15of Natural Resources map entitled Minnesota's Watershed Basins as identified in Minnesota |
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16 | 16 | | 1.16Rules, part 7050.0470, subpart 2, item A, subitem (1), and designated on the map of |
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17 | 17 | | 1.17Minnesota's Major Watersheds under Minnesota Rules, part 7050.0469 (HUC 09030001). |
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18 | 18 | | 1.18 Subd. 2.Intent.The legislature finds that a combination of state legislative and |
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19 | 19 | | 1.19administrative actions and court decisions have established a public policy of primarily |
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20 | 20 | | 1.20wilderness management for state lands and waters within the Boundary Waters Canoe Area |
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21 | 21 | | 1.21Wilderness. This state policy, together with a similar federal policy and international actions |
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22 | 22 | | 1.22consistent with these state and federal policies, has created an area of hundreds of thousands |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-02129 as introduced01/13/25 REVISOR CKM/AC |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 875NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: CWODZINSKI) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/03/2025 |
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31 | 31 | | Referred to Environment, Climate, and Legacy 2.1of acres of land and water containing myriad lakes and streams, wooded shores, virgin |
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32 | 32 | | 2.2forests, and other natural attractions of surpassing scenic beauty and solitude, free from |
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33 | 33 | | 2.3substantially all commercial activities and artificial development such as hydroelectric dams |
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34 | 34 | | 2.4and power lines, resorts, roads, sawmills, and timber harvesting in no-cut zones. |
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35 | 35 | | 2.5 Subd. 3.Mining; prohibition.Except with the prior approval of the legislature in those |
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36 | 36 | | 2.6cases of national emergency which have been declared by the Congress and which direct |
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37 | 37 | | 2.7the need for exploration and mining of federal lands within the Boundary Waters Canoe |
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38 | 38 | | 2.8Area Wilderness or the Rainy River headwaters, and after an investigation and determination |
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39 | 39 | | 2.9by the commissioner of natural resources pursuant to subdivision 5 no state-owned or |
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40 | 40 | | 2.10administered land may be leased for exploration or mining of minerals, and no state permits, |
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41 | 41 | | 2.11licenses or leases shall be issued to use any other state natural resources for any mineral |
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42 | 42 | | 2.12exploration or mining operations in the Boundary Waters Canoe Area Wilderness and the |
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43 | 43 | | 2.13Rainy River headwaters. Mining for taconite or iron ore, sand, gravel, and granite may be |
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44 | 44 | | 2.14allowed on state-owned or administered land in the Rainy River headwaters if the |
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45 | 45 | | 2.15commissioner of natural resources determines that the mining will not be detrimental to the |
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46 | 46 | | 2.16Boundary Waters Canoe Area Wilderness. |
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47 | 47 | | 2.17 Subd. 4.Peat harvesting; prohibition.Except with prior approval of the legislature in |
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48 | 48 | | 2.18those cases of national emergency which have been declared by the Congress and which |
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49 | 49 | | 2.19direct the need for exploitation of peat deposits on federal land within the Boundary Waters |
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50 | 50 | | 2.20Canoe Area Wilderness, and after an investigation and determination by the commissioner |
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51 | 51 | | 2.21of natural resources pursuant to subdivision 5 no state-owned or administered land may be |
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52 | 52 | | 2.22leased for the purpose of harvesting peat, and no state permits, licenses or leases shall be |
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53 | 53 | | 2.23issued to use any other state natural resources for the purpose of harvesting peat in the |
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54 | 54 | | 2.24Boundary Waters Canoe Area Wilderness. |
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55 | 55 | | 2.25 Subd. 5.Investigation and determination.In the event of a national emergency declared |
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56 | 56 | | 2.26by Congress which requires, for the protection of national interests, exploitation of natural |
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57 | 57 | | 2.27resources of the type found in the Boundary Waters Canoe Area Wilderness or the Rainy |
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58 | 58 | | 2.28River headwaters, the commissioner of natural resources shall investigate and determine if |
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59 | 59 | | 2.29there are reasonable alternative methods for providing the needed resources. If the |
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60 | 60 | | 2.30investigation shows there are reasonable alternatives to exploitation of natural resources in |
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61 | 61 | | 2.31the area, no permit for development shall be issued. If the commissioner of natural resources |
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62 | 62 | | 2.32determines there is a need to provide resources from within the Boundary Waters Canoe |
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63 | 63 | | 2.33Area Wilderness, and that there is no reasonable alternative available to meet the need, a |
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64 | 64 | | 2.34permit may be issued upon approval by the state legislature. |
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65 | 65 | | 2Section 1. |
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66 | 66 | | 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 |
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67 | 67 | | 3.2Waters Canoe Area Wilderness defined in subdivision 1 are designated as state wilderness |
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68 | 68 | | 3.3areas under section 86A.05, subdivision 6. |
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69 | 69 | | 3Section 1. |
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70 | 70 | | 25-02129 as introduced01/13/25 REVISOR CKM/AC |
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