For Immediate Release
April 16, 2026
Contact: Libby London, 612-227-8407
BREAKING NEWS RELEASE: The U.S. Senate just passed legislation that unravels protections for the Boundary Waters watershed
(Washington, DC) – The U.S. Senate just voted to pass H.J. Resolution 140. The resolution passed by 50-49. This resolution invokes the rarely used Congressional Review Act (CRA) to revoke a 20-year mineral withdrawal—Public Land Order (PLO) 7917. The PLO was signed in January 2023 and protects over 225,000 acres of federal land in the headwaters of the Boundary Waters and Voyageur National Park from the threat of sulfide-ore copper mining for 20 years.
Ingrid Lyons, Executive Director of Save the Boundary Waters, issued the following statement: “Today is a dark day for America’s most beloved Wilderness area, the Boundary Waters Canoe Area Wilderness, and a stark warning call for public lands nationwide. Minnesotans and the American public writ large have been loud and clear - this iconic place needs to be protected. Today, by the very people who claim to represent them, they were ignored, and even worse, silenced. But of course, it’s not over, and we will always keep fighting."
WHAT’S NEXT:
H.J. Resolution 140 will now move to the President's desk, where it will be signed into law. Once President Trump signs the resolution, it will revoke PLO 7917, opening the door to hardrock mining on federal lands and minerals previously protected in the Boundary Waters headwaters. Today’s vote makes past land management decisions vulnerable and paves the way for the Administration to grant federal mineral leases to Chilean-owned Twin Metals. Further, the decision bars a future Department of the Interior from issuing similar protections without new Congressional authorization.
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. The DNR must issue a “Permit to Mine,” which must show that a mine can:
prevent water pollution, safely store tailings, reclaim the site after mining, and protect nearby ecosystems. If the DNR determines the project poses unacceptable environmental risks, it can deny the permit outright. The DNR controls this process and can determine that the project does not meet environmental standards. In 2022, the state actually halted environmental review for the Twin Metals project after federal leases were canceled. Additional State Permits and approvals also come from state agencies such as the Minnesota Pollution Control Agency and include water discharge permits, wetlands permits, dam safety permits, and air permits.
If any one of these are denied, a mine cannot proceed.
ABOUT THE CRA:
H.J. Res. 140 was introduced by Representative Pete Stauber (MN-08) on January 12, 2026. It passed out of the U.S. House on January 21, 2026. Using the Congressional Review Act (CRA) to attack PLO 7917 creates a reckless precedent that could 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 nullification.
The CRA has never been used to challenge or overturn mineral withdrawals or Public Land Orders. Instead, PLOs are governed by the Federal Land Policy and Management Act (FLPMA) of 1976, which requires thorough and timely notice to Congress upon signature of a Mineral Withdrawal. This process was followed to the letter in 2023 when PLO 7917 was put in place by the Department of the Interior. 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 subject to scrutiny under the Congressional Review Act, as they have not been defined as “rules.” Representative Stauber claims that the Biden Administration did not fulfill its obligations to report to Congress when the Public Land Order was filed in January of 2023, when in fact, they followed the required statute, FLPMA, to the letter, including direct congressional correspondence with Representative Stauber himself.
This novel use of the CRA also includes significant deviations from historical procedures. The Government Accountability Office (GAO) is meant to guide Congress through opinions as to what does and does not apply as a rule under the CRA. Instead, the Department of the Interior newly submitted this nearly 3-year-old Agency action to the Congressional Record in early January 2026, initiating the 60-day CRA clock for expedited legislative review
Timeline:
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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.
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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 the Interior follows all requirements for congressional reporting under FLPMA, as statutorily required.
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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.
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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.
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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.
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JAN 21, 2026 | The House of Representatives passes H.J. Res. 140, and the measure moves to the Senate for further consideration.
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APR 16, 2026 | The U.S. Senate passes H.J. Res. 140.
BACKGROUND:
Minerals mined from a potential copper mine by Antofagasta in the watershed of the Boundary Waters would be sent to China for processing and would not benefit American jobs. Antofagasta has deep ties with state-owned mineral processing operations. Most recently, Antofagasta has secured multiple contracts with state-owned Chinese smelting companies that guarantee the company free processing of their copper.
70 percent of Minnesotans support permanent protection of the Boundary Waters. Since 2016, 675,000 Americans have commented on copper mining in the headwaters; approximately 98% of those who commented support a mining ban. 56% of Minnesotans in Minnesota’s Congressional District 8 (Rep. Stauber) oppose copper mining near the Boundary Waters.
Across the country, millions of people cherish the Boundary Waters, and it supports a thriving, sustainable outdoor economy. Research shows that copper mining here would be a net job killer, threatening up to 22,000 jobs and up to $1.6 billion in annual income. A vast collection of peer-reviewed science shows that if a Twin Metals mine were built along the rivers and streams flowing into the Wilderness, pollution and environmental degradation would be certain. A peer-reviewed independent study from Harvard University shows that protecting the Boundary Waters from proposed sulfide-ore mining would result in dramatically more jobs and more income over a 20-year period.
A 2017 report by the Minnesota Pollution Control Agency describes the waters within the mineral withdrawal area as “immaculate." The Report concludes that "the majority of the waterbodies within this watershed had exceptional biological, chemical, and physical characteristics that are worthy of additional protection."
What people are saying:
"The passage of HJ Resolution 140 is a clear indicator that the hunting, fishing, public land-utilizing citizens of this country have a lesser voice in the halls of our nation's capital. To be clear, thousands and thousands of outdoors people contacted their duly elected officials over the last 4 months and over half of the United States Congress largely ignored their concerns. Now is a time for unity amongst the outdoor community. If we can't protect basic protections for the most-visited Wilderness Area in the county, what's next on the chopping block?" - Matthew Schultz, Program Manager, Sportsmen for the Boundary Waters
“Americans have spoken on behalf of the wild places in the BWCA since 1964. Using the obscure Congressional Review Act to wipe out the input of American citizens, for the benefit of a foreign mining company that will pay a 0% royalty, is counter to everything the BWCA represents and is putting America and Americans last. That is what Congress is trying to do today, circumventing the public input they know would resoundingly support protecting the Boundary Waters,” - Randy Newberg, Founder and Host, Fresh Tracks Media and Hunt Talk Podcast
“Removing protections for the Boundary Waters watershed moves northern Minnesota and the nation away from the sustainable investments we have made in our economy and pushes us towards another boom-bust cycle that leaves everyone with less.” - Ben Seaton, Hungry Jack Outfitters
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