PolicyBrief
S. 1366
119th CongressApr 9th 2025
Boundary Waters Wilderness Protection Act
IN COMMITTEE

This Act withdraws approximately 225,504 acres of federal land and water in Minnesota's Rainy River Watershed from mineral entry, leasing, and disposal, with limited exceptions for certain materials if environmental standards are met.

Tina Smith
D

Tina Smith

Senator

MN

LEGISLATION

Boundary Waters Bill Bans Mining on 225,000 Acres to Protect Water Quality

The newly introduced Boundary Waters Wilderness Protection Act aims to lock down a significant chunk of federal land and water in Minnesota. Specifically, it withdraws roughly 225,504 acres within the Rainy River Watershed, located inside the Superior National Forest, from most forms of development. This is a big deal because it essentially stops new mining claims, mineral leasing, geothermal leasing, and disposal under standard public land laws in this specific area.

The Lock-Up: What’s Off-Limits

Think of this as putting a massive area—over 225,000 acres—into permanent conservation status against resource extraction. The core purpose is to protect the water quality, air quality, and forest habitat of the Rainy River Watershed, which feeds into the Boundary Waters Canoe Area Wilderness. For anyone concerned about pollution from resource development near pristine wilderness, this is the main win: the bill explicitly bans staking new claims or getting patents under mining laws (Sec. 2).

This withdrawal affects federal land, meaning if you were a developer looking to explore for minerals in this section of the Superior National Forest, you’re out of luck. However, the bill respects existing valid rights established before this law passes, so any current claim or lease that was already on the books would continue unless otherwise addressed. This is where the legal fine print matters: expect disputes over what exactly constitutes a “valid right” if the bill becomes law.

The Catch: Discretionary Material Removal

Here’s where the policy gets interesting and potentially complicated: While the bill blocks most mining, it leaves a specific door open. The Chief of the Forest Service retains the authority to allow the removal of materials like sand, gravel, granite, iron ore, and taconite from the withdrawn area (Sec. 2). This exception isn't a free pass, though. The Chief can only permit this if they first determine that taking out those materials will not harm the water quality, air quality, or forest habitat in the watershed.

This provision introduces a layer of discretionary power that could be a point of debate. While the intent is to allow for minor, non-destructive material removal (perhaps for local road projects or specific needs), the effectiveness of the environmental protection hinges entirely on the quality and objectivity of the Forest Service’s assessment. For environmental advocates, this is the part of the bill that requires close monitoring: how will the Forest Service define “not hurt” the ecosystem when making these decisions?

Who Feels the Change?

For most people who enjoy the outdoors, this bill means greater long-term protection for a critical watershed, ensuring that the natural environment remains healthy and accessible. For the mining and resource extraction industries, particularly those interested in copper, nickel, or other hardrock minerals, this permanently closes off a large, specific area to new development. It forces them to look elsewhere, which is exactly the point of the legislation.

Ultimately, the Boundary Waters Wilderness Protection Act is a clear declaration that, for this 225,000-acre section of Minnesota, environmental protection takes precedence over resource extraction. It codifies a major land management decision, though the small exception for materials like iron ore and gravel means the Forest Service will still be managing some complex trade-offs down the line.