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SF2359 (Legislative Session 94 (2025-2026))

Advanced Tribal review of proposed mining projects requirement provision

AI Generated Summary

This bill (S.F. No. 2359) proposes a new law in Minnesota Statutes (Chapter 93) that requires advance Tribal review of proposed mining projects before the state begins considering a mining permit application.

Key Provisions:

  1. Definitions:

    • "Affected Tribe" – Any Tribal Nation with reservation land in the same county or an adjoining county of a proposed mining project.
    • "Mining permit" – A permit required for mining operations (including oil and gas production).
    • "Mining project" – Any project requiring a mining permit.

  2. Permit Review Timeline:

    • If an affected Tribe exists, the Minnesota Department of Natural Resources (DNR) cannot begin reviewing a mining permit application until:
      1. All affected Tribes complete an archaeological and cultural review, conduct any necessary preservation work, and comply with relevant state historic preservation laws.
      2. All affected Tribes submit a formal project review to the DNR.
      3. 24 months have passed since the application was initially submitted, whichever happens first.

  3. Tribal Review Process:

    • When an affected Tribe is identified following a permit application, the DNR must notify the Tribe, share relevant documents, and request a project review.
    • Tribes can review and comment on all aspects of the proposed mining project, including:
      • Approval or denial recommendations
      • Suggested permit conditions
      • Other relevant concerns

  4. Relation to Other Laws:

    • These requirements do not replace or override other existing laws but serve as an additional step in the permitting process.

Purpose:

This bill aims to enhance Tribal involvement in mining decisions that could affect their lands, cultural resources, and environmental interests, ensuring their concerns are considered before Minnesota begins its formal permitting review.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2025HouseFloorActionIntroduction and first reading
March 09, 2025SenateFloorActionIntroduction and first reading
March 09, 2025HouseFloorActionReferred toEnvironment, Climate, and Legacy
March 09, 2025SenateFloorActionReferred toEnvironment, Climate, and Legacy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Defines mining permit in relation to new tribal review requirements."
      ],
      "removed": [],
      "summary": "This section pertains to mining permits as defined in section 93.481.",
      "modified": []
    },
    "citation": "93.481",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Includes permits for gas and oil production under new tribal review requirements."
      ],
      "removed": [],
      "summary": "This relates to permits for the production of gas or oil as per section 93.513.",
      "modified": []
    },
    "citation": "93.513",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Sets forth procedures for tribes to complete archaeological and cultural review."
      ],
      "removed": [],
      "summary": "These sections define requirements for archaeological and cultural preservation.",
      "modified": []
    },
    "citation": "138.31 to 138.42",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section pertains to inadvertent discoveries during mining projects.",
      "modified": [
        "Specifies compliance with existing law regarding inadvertent discoveries."
      ]
    },
    "citation": "307.08",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Clarifies that new tribal review requirements supplement other legal requirements."
      ],
      "removed": [],
      "summary": "This section is additional to existing requirements outlined under section 10.65.",
      "modified": []
    },
    "citation": "10.65",
    "subdivision": ""
  }
]

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