The Senate on Thursday approved legislation that would scrap Biden-era mining limits near the Boundary Waters Canoe Area Wilderness in northern Minnesota.
Senators voted 50-49 to approve H.J. Res 140, from Rep. Pete Stauber (R-Minn.), chair of the House Natural Resources Subcommittee on Energy and Mineral Resources. Only two Republicans — Sens. Thom Tillis of North Carolina and Susan Collins of Maine — crossed the aisle to oppose the measure.
The resolution, which cleared the House in January largely along party lines, now heads to President Donald Trump’s desk. The White House in January said it “strongly supports” it.
The resolution emerged as a lightning rod on Capitol Hill given its novel use of the Congressional Review Act, a law that allows Congress and the president to undo certain administration actions by simple majority. This is the first time Congress has passed a CRA to rescind an order withdrawing certain public lands from new mining or drilling.
“A major victory for America and for Minnesota’s families and workers was secured today,” Stauber said in a statement. “Never again can any Democrat President or administration unilaterally ban mining in this vital portion of the Superior National Forest, killing jobs and locking away trillions of dollars of critical minerals essential to our way of life. Mining is our past, our present, and our future — and the future looks bright!”
Democrats like Minnesota Sens. Tina Smith and Amy Klobuchar took pains to say they supported mining but not near the Boundary Waters, a region with more than 1,000 lakes near the U.S.-Canada border.
“We will not stop fighting, and we will not stop our work to protect the Boundary Waters,” Smith said. “This place has such special meaning, it is a sacred place, and we will never stop defending it.”
The resolution would scrap a public land order the Biden administration issued in 2023, which withdrew more than 225,000 acres in Minnesota’s Superior National Forest from mining and geothermal leasing for 20 years.
Reversing the Biden-era order paves the way for Twin Metals Minnesota, a subsidiary of Chilean mining company Antofagasta, to push forward with its proposal to mine copper, nickel and other commodities.
The vote marks a deep blow for hunters, anglers, tribal leaders and environmental groups that have feverishly lobbied in recent weeks to block Stauber’s legislation.
Chris Knopf, executive director of the group Friends of the Boundary Waters Wilderness, said the vote is a “serious blow” to Boundary Waters but vowed to continue to fight on the state level, noting that Minnesota regulators can still cancel one of Twin Metals’ state mineral leases.
“Additional leases will come up for renewal in future years, and what [the Minnesota Department of Natural Resources] does today builds the foundation to cancel this dangerous mining project. Minnesota has the clear legal authority to stop this mine,” said Knopf. “The question is whether the Walz administration has the courage to use it.”
Beyond arguments about protecting the Boundary Waters and concerns about foreign ownership of Twin Metals, Democrats slammed the GOP for using the CRA to undo the Biden-era protections.
The CRA allows Congress and the president to erase newly issued rules by simple majority. Because the Biden administration never submitted its withdrawal as a rule, it remained open to congressional attack. And Republicans have worked for years to expand what counts as a rule that can be repealed.
In voting against the resolution, Tillis expressed concern about what Democrats could do to Republican administration actions when they retake Congress and the White House.
Klobuchar said, “This is focused on northern Minnesota today, but where will it be next time? What part of your state will it be focused on? What will happen to your public lands?”
What comes next?
Smith, during a press conference, said opponents of mining near the Boundary Waters are weighing their legal options. The Senate on Wednesday voted down a Smith point of order against proceeding with the legislation.
“I would anticipate that there will be outside groups who have standing in this issue, who may well decide that this is something that they need to file a lawsuit on, because the Senate and the House should follow the law,” Smith said.
California is suing the administration for submitting Biden-era EPA air pollution waivers as rules so lawmakers could repeal them. It appears unlikely to succeed in overturning Congress.
Even with the mineral withdrawal lifted, the contentious Twin Metals mine still faces a lengthy, multiagency process to secure necessary permits at the state and federal level.
The company’s federal mineral leases were canceled under the Biden administration in 2022 and currently are tied up in litigation. The Interior Department would need to reissue those leases.
All mining projects in Minnesota need permits from the Minnesota DNR and pollution control agency. Twin Metals would also need the green light from several federal agencies.
Kathy Graul, a spokesperson for Twin Metals, said passage of the resolution marks a “critical moment for our nation’s ability to strengthen our mineral supply chains,” and that Twin Metals Minnesota is one of several companies focused on mining an area known as the Duluth Complex.
“A significant portion of these resources were locked up as a result of the mineral withdrawal enacted in 2023, negatively impacting communities across the Iron Range,” said Graul.
Jordain Carney contributed to this report.
