HF 4492

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 10:01am

A bill for an act
relating to natural resources; requiring certain determinations before issuing
nonferrous mining permits, licenses, or leases; amending Minnesota Statutes 2018,
sections 93.001; 93.43; proposing coding for new law in Minnesota Statutes,
chapter 93.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 93.001, is amended to read:

93.001 POLICY FOR MINERAL DEVELOPMENT.

It is the policy of the state to provide for the diversification of the state's mineral economy
through long-term support of mineral exploration, evaluation, environmental research,
development, production, and commercialization new text begin , consistent with state policy to protect the
water, air, and wildlife of the state new text end .

Sec. 2.

new text begin [93.2501] MORATORIUM ON ISSUING PERMITS, LICENSES, AND
LEASES FOR NONFERROUS SULFIDE-BEARING ORE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given them.
new text end

new text begin (b) "Nonferrous sulfide-bearing ore" means a mineral deposit in which metals other than
iron are mixed with sulfide minerals.
new text end

new text begin (c) "Polluting" means degrading from a violation of any environmental law as determined
by an administrative proceeding, civil action, criminal action, or other legal action.
new text end

new text begin (d) "Similar environment" means a location at which:
new text end

new text begin (1) the average annual precipitation is within 15 percent of that of the county of
comparison;
new text end

new text begin (2) the monthly average temperature of each month is within 15 percent of that of the
county of comparison;
new text end

new text begin (3) the proximity of surface water to the mining operation is within 15 percent of that
of the county of comparison; and
new text end

new text begin (4) the proximity of groundwater to the mining operation is within 15 percent of that of
the county of comparison.
new text end

new text begin Subd. 2. new text end

new text begin Moratorium. new text end

new text begin The commissioner may not issue a permit, license, or lease
required to mine nonferrous sulfide-bearing ore until the commissioner determines, based
on independent scientific information submitted in the application for the permit, license,
or lease, that a mine has operated in a nonferrous sulfide-bearing ore body in the United
States for at least ten years without polluting air, groundwater, or surface water and that the
mine has been closed for at least ten years without polluting air, groundwater, or surface
water. This mine must have operated in a similar environment to the county in Minnesota
in which the permit, license, or lease is sought.
new text end

Sec. 3.

Minnesota Statutes 2018, section 93.43, is amended to read:

93.43 LEASES TO NONFERROUS METALLIC MINERALS PRODUCERS.

(a) The business of mining, producing, or beneficiating nonferrous metallic minerals is
declared to be in the public interest and necessary to the public welfare, and the use of
property therefor is declared to be a public use and purpose new text begin , provided that public interest
in clean air, groundwater, and surface water is maintained new text end .

(b) The commissioner of natural resources is authorized to grant permits, licenses, or
leases on and across lands owned by the state to any corporation or association engaged in
the business of or preparing to engage in the business of mining, producing, or beneficiating
nonferrous metallic minerals for pipe lines, pole lines, conduits, sluiceways, roads, railroads,
tramways, or flowage, and to lease any lands owned by the state to any such corporation or
association for the depositing of stripping, lean ores, tailings, or waste products of such
business.

(c) The commissioner of natural resources is also authorized to license the flooding of
state lands in connection with any permit or authorization for the use of public waters issued
by the legislature or by the commissioner pursuant to law. The permits, licenses, and leases
shall be upon the conditions, for the consideration, and for the period of time as the
commissioner may determine.

(d) The county auditor, with the approval of the county board, is authorized to grant
permits, licenses, or leases for all such purposes of or across tax-forfeited lands held by the
state in trust for any and all taxing districts, upon the conditions, for the considerations, and
for the period of time as the county board may determine. Any proceeds from granting the
permits, licenses, or leases by the county auditor shall be apportioned and distributed as
other proceeds from the sale or rental of tax-forfeited lands.

new text begin (e) Permits, licenses, or leases granted under this section are subject to section 93.2501.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment and apply to permits,
licenses, and leases granted on or after that date and to leases, licenses, and permits to mine
granted where mineral production has not commenced as of the effective date of this act.
new text end