SF 2359

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/11/2025 10:04 a.m.

A bill for an act
relating to natural resources; requiring advance Tribal review of proposed mining
projects; proposing coding for new law in Minnesota Statutes, chapter 93.

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

Section 1.

new text begin [93.5141] ADVANCE TRIBAL REVIEW OF PROPOSED MINING
PROJECTS.
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 following terms have
the meanings given.
new text end

new text begin (b) "Affected Tribe" means a Tribe whose reservation land is wholly or partially located
within the same county as any portion of a proposed mining project or within an adjoining
county.
new text end

new text begin (c) "Mining permit" means a permit to mine under section 93.481 or a permit for the
production of gas or oil under section 93.513.
new text end

new text begin (d) "Mining project" means a project that requires a mining permit.
new text end

new text begin Subd. 2. new text end

new text begin Timeline for permit review. new text end

new text begin If there are one or more affected Tribes, the
commissioner of natural resources may not begin reviewing an application for a mining
permit until the earlier of:
new text end

new text begin (1) all affected Tribes:
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new text begin (i) complete archeological and cultural review and all necessary preservation work and
comply with all requirements of sections 138.31 to 138.42 and 307.08 in the event of
inadvertent discoveries; and
new text end

new text begin (ii) submit a project review to the commissioner according to subdivision 3; or
new text end

new text begin (2) 24 months have elapsed since the initial application for the mining permit was
submitted.
new text end

new text begin Subd. 3. new text end

new text begin Review by affected Tribes required. new text end

new text begin (a) If upon receiving an application for
a mining permit the commissioner determines that there are one or more affected Tribes,
the commissioner must inform each affected Tribe of that determination, share the permit
application and related materials with each affected Tribe, and request that each affected
Tribe submit a project review to the commissioner of natural resources for the proposed
project as soon as possible.
new text end

new text begin (b) In developing a project review under this subdivision, an affected Tribe may examine
and comment on all aspects of the proposed project and may make recommendations
regarding whether the mining permit should be approved or denied, recommendations for
permit conditions, and recommendations relating to any other aspects of the proposed project
that the Tribe deems relevant.
new text end

new text begin Subd. 4. new text end

new text begin Relation to other law. new text end

new text begin The requirements of this section are in addition to the
requirements of section 10.65.
new text end