Campaign Updates

Bill passed House to overturn Mining ban near Boundary Waters

Jan 13, 2026
Save the Boundary Waters
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On Wednesday, January 21, the House of Representatives passed House Joint Resolution 140 (H.J. Res 140), sponsored by Rep. Pete Stauber (MN-8). The resolution uses the Congressional Review Act (CRA) to overturn the 20-year mining ban protecting the Boundary Waters watershed from toxic copper mining. 

This does not mean a mine will be built tomorrow, but it does mean we have even more work ahead. Next, the resolution moves to the Senate. 

The CRA has never been used to challenge or overturn mineral withdrawals or Public Land Orders. These are governed by the Federal Land Policy and Management Act (FLPMA). The proper process was followed completely when the Boundary Waters withdrawal was established in 2023. This effort sets a precedent that could leave past land management decisions vulnerable to being undone.

Contact your Senators now


What Happened:  

Late Monday, January 12, 2026, Rep. Pete Stauber introduced a Joint Resolution that uses the Congressional Review Act (CRA) to overturn the 20-year Boundary Waters mining ban. 

This maneuver, backed by Rep. Stauber, is an unprecedented attempt to overturn a Mineral Withdrawal using the CRA. Ultimately, if successful, this move would pave the way for Twin Metals, a Chilean-owned company, to proceed with its mining leases to build a complex on Birch Lake near the Boundary Waters Canoe Area Wilderness. Pollution from this mine would flow directly into the Wilderness, impacting all downstream landscapes, including Quetico Provincial Park, Voyageurs National Park, and the Rainy River watershed.

Joint Resolution (H.J. 140) passed through the House Rules Committee on January 20, and then passed on the House floor on January 21. 

Next, the resolution moves to the Senate, where:

  1. The Senate Parliamentarian will rule on whether the CRA can be used to challenge mineral withdrawals.
  2. If permitted, the full Senate will vote on the resolution.
  3. If the resolution passes and is signed by the President, the 20-year mining ban will be overturned.

What you can do: Contact your U.S. Senators today and urge them to oppose H.J. Res 140. We need calls coming in from across the country. 
 

CALL your Senators

Here’s how we got here:

In 2023, we secured a major victory: a hard-won 20-year mining ban to protect the headwaters of the Wilderness. It was based on years of extensive environmental study relying on science and public opinion. It was a landmark victory for public lands and clean water. We have fought for over a decade to keep copper mining, which has a 100% track record of polluting water, out of the Boundary Waters watershed. So many people like you fought together -  tirelessly and strategically - to keep it safe.

If HJ 140 passes through the Senate and is signed by the president, the 20-year withdrawal would be canceled, opening the way for mining in areas previously protected, including near the Boundary Waters headwaters. Plus, the Department of Interior could not issue a similar rule without new congressional authorization. 

A dangerous precedent

Mineral Withdrawals and Public Land Orders, such as Public Land Order 7917 - the 20-year mining ban in the watershed of the Boundary Waters - have never been considered rules subject to the Congressional Review Act. Representative Stauber, in this legislative scheme, has circumvented the Government Accountability Office (GAO), which historically has provided guidance to Congress through opinions as to what does and does not apply as a rule under the CRA. Instead, the Department of the Interior has newly submitted this nearly 3-year-old Agency action to the Congressional Record, initiating the 60-day CRA clock for expedited legislative review.

Using the Congressional Review Act to attack PLO 7917 creates a reckless precedent that would allow Congress to retroactively target virtually any public land action as a “rule.” If this maneuver succeeds, it would mean that no established land management decision would be safe from politicized attack and nullification.

Overview of Federal Process 

  • OCT 1976 | The Federal Land Policy and Management Act (FLPMA) is enacted. It requires the Department of the Interior to provide formal written notice to both the House of Representatives and the Senate for any land withdrawals affecting more than 5,000 acres.
  • JAN 2023 | Department of Interior signs Public Land Order 7917, withdrawing approximately 225,504 acres of the Superior National Forest from mineral and geothermal leasing for a 20-year period, including watersheds that flow into the Boundary Waters and beyond. The Department of Interior follows all requirements for congressional reporting under FLPMA, as statutorily required.
  • JAN 6, 2026 | The Department of the Interior, under the Trump administration, formally notifies both Houses of Congress in writing regarding the 2023 Public Land Order withdrawing 225,504 acres of the Superior National Forest from mineral and geothermal leasing.
  • JAN 12, 2026 | Rep. Pete Stauber introduces bill, H.J. Res. 140, a Congressional Review Act (CRA) disapproval resolution. If approved by Congress, and signed by the president, it would reverse the Biden administration's 2023 Public Land Order that established a 20-year mining ban protection in northeastern Minnesota and bar any substantially similar action from being taken by a future Administration.
  • JAN 20, 2026 | H.J. Res. 140 considered by the House Committee on Rules, ordered reported, and made in order for consideration on the House floor pursuant to a rule.
  • JAN 21, 2026 | The House of Representatives passes H.J. Res. 140, and the measure moves to the Senate for further consideration.
     

1️⃣ Call your representative: right now We'll connect you directly to their office and provide a simple script. It takes less than 2 minutes. 

2️⃣ Send an email to your representative: Amplify your voice with a written message opposing this dangerous resolution. SEND MESSAGE 

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