Senate Passes H.J. Res. 140 to Overturn Boundary Waters Mining Ban, Setting Precedent for Congressional Review Act Use on Public Land Orders
The Senate convened for a major legislative day, highlighted by the passage of H.J. Res. 140, a joint resolution disapproving a Bureau of Land Management rule that had withdrawn federal lands in Minnesota from mineral leasing. This vote, which passed 50-49, effectively overturns a 20-year ban on copper sulfide mining near the Boundary Waters Canoe Area Wilderness. The day also saw a cloture vote on a judicial nomination, which was agreed to, and extensive floor debate on election integrity, Department of Homeland Security funding, and the use of surveillance law.
The passage of H.J. Res. 140 is highly significant as it reverses a federal land withdrawal designed to protect a critical environmental area and establishes a potentially dangerous precedent for the use of the Congressional Review Act to rescind public land orders. This action could have far-reaching implications for public land management across the United States. Additionally, ongoing debates regarding federal spending, particularly for the Department of Homeland Security, and the reauthorization of Section 702 of FISA underscore deep divisions on key national policy issues.
Providing for Congressional Disapproval Under Chapter 8 of Title 5, United States Code, of the Rule Submitted by the Bureau of Land Management Relating to Public Land Order No. 7917 for Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, MN
H.J. Res. 140Question before the chamber
Passage of H.J. Res. 140
The case for
No explicit proponent case for the passage of H.J. Res. 140 was aired in the provided Record text.
The case against
Opponents argued that the resolution represents an unprecedented and dangerous use of the Congressional Review Act (CRA) to rescind a public land order, which has never before been considered a 'rule' subject to CRA. They contended that passing the resolution would threaten public lands across the country, undermine the ability of land management agencies to oversee these lands, and put at risk hundreds of existing public land orders, including those protecting military withdrawals and national treasures like the Grand Canyon. Senators emphasized the environmental importance of the Boundary Waters Canoe Area Wilderness, highlighting its pristine nature, significant freshwater resources, and the potential for irreversible pollution from copper sulfide mining. They also noted strong public opposition in Minnesota and the disregard for trust and treaty obligations to Chippewa Tribes, while suggesting the action primarily benefits a Chilean billionaire and foreign processing of minerals, rather than an 'America First' strategy.
Disposition
Passed · recorded vote
The joint resolution passed, disapproving Public Land Order No. 7917 and overturning the 20-year mining ban in the specified Minnesota federal lands.
50-49
Who is affected
- Environmentalists and Conservationists: Loss of protection for the Boundary Waters Canoe Area Wilderness from copper sulfide mining, potentially leading to environmental degradation and water pollution.
- Mining Industry: Reopening of federal lands in Minnesota to potential mineral leasing and development, creating new opportunities for resource extraction.
- Local Communities in Northeastern Minnesota: Potential economic shifts from outdoor recreation and tourism to mining-related industries, with concerns about the long-term impact on the region's natural resources and quality of life.
- Chippewa Tribes: Potential infringement on hunting, fishing, and wild rice harvesting rights due to environmental impacts from mining, disregarding trust and treaty obligations.
- Federal Land Management Agencies: The precedent set by using the CRA to overturn a public land order could disrupt the established process for managing and protecting public lands nationwide.
H.J. Res. 140 Passes, Overturning Boundary Waters Mining Ban
highThe Senate passed H.J. Res. 140 by a recorded vote of 50-49. This joint resolution provides for congressional disapproval of Public Land Order No. 7917, which had withdrawn federal lands in Cook, Lake, and Saint Louis Counties, Minnesota, from mineral leasing for a 20-year period. The passage effectively reopens the area, adjacent to the Boundary Waters Canoe Area Wilderness, to potential copper sulfide mining.
Unprecedented Use of Congressional Review Act on Public Land Order
highSenators Klobuchar, Heinrich, and Smith highlighted that the use of the Congressional Review Act (CRA) to rescind a public land order is unprecedented. They argued that public land orders have never previously been considered 'rules' subject to the CRA, and this action sets a dangerous precedent that could destabilize the protected status of public lands nationwide, including military withdrawals and national parks.
Cloture Agreed to for Judicial Nomination
mediumThe Senate agreed to a motion to invoke cloture on the nomination of Andrew B. Davis, of Texas, to be United States District Judge for the Western District of Texas, by a recorded vote of 49-48. This procedural step advances the nomination towards a final confirmation vote.
Debate on Election Integrity and Noncitizen Voting
mediumSenator Grassley spoke in support of the SAVE America Act, which aims to ensure only U.S. citizens are registered to vote and requires voter ID. He cited examples from Montana, Ohio, Texas, New Jersey, and Iowa to counter claims that noncitizen voting is not a significant issue, emphasizing that voter fraud should not be ignored regardless of scale, especially in close elections.