SF 3916
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/27/2026 10:18 a.m.
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A bill for an act
relating to natural resources; protecting wild rice by requiring a wild rice risk
justification before authorizing certain activities; proposing coding for new law
in Minnesota Statutes, chapter 84.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[84.0912] PROTECTING WILD RICE.
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new text begin Subdivision 1. new text end
new text begin Findings. new text end
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The legislature finds that uncultivated wild rice:
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(1) is a nutrient-rich, natural food source that has been sustainably harvested in this state
for centuries;
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(2) is sacred to many Indigenous people and is a core component of their cultural identity;
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(3) thrives in clean, shallow water, without requiring pesticides, fertilizers, or harmful
chemicals;
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(4) supports rural economies by providing jobs, fostering local businesses, and supporting
ecotourism;
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(5) plays a crucial role in preventing toxic algae blooms, absorbing carbon dioxide,
fostering vital habitat for fish, and stabilizing lake beds; and
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(6) is essential for safeguarding Tribal food security and upholding Tribal treaty rights.
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Agency" means a department, agency, board, commission, or other group in the
executive branch of state government; a statutory or home rule charter city, county, or town;
any metropolitan agency or regional entity; and any other political subdivision of the state.
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(c) "Wild rice risk justification" means a document that quantifies and justifies the
potential risk of adverse effects to wild rice waters and that meets the requirements of
subdivision 4.
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(d) "Wild rice water" means any body of water:
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(1) identified as supporting, or capable of supporting, wild rice on any list, inventory,
or map maintained by the Minnesota Pollution Control Agency or the Department of Natural
Resources;
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(2) that lies within, or abuts and flows into, Indian country, as that term is defined in
United States Code, title 18, section 1151; or
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(3) identified using the appropriation in Laws 2025, First Special Session chapter 1,
article 2, section 2, subdivision 3, paragraph (z), as a water in which uncultivated wild rice
grows.
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new text begin Subd. 3. new text end
new text begin Authorizing activities affecting wild rice. new text end
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Notwithstanding any other provision
of law, an agency may not issue a permit, license, or other approval for an activity or facility
in a wild rice water, or at a location likely to adversely affect a wild rice water, unless the
agency prepares a wild rice risk justification that meets the requirements of subdivision 4.
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new text begin Subd. 4. new text end
new text begin Wild rice risk justification requirements. new text end
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A wild rice risk justification must
include at least the following:
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(1) identification and a detailed description of all wild rice waters potentially threatened
by the activity or facility proposed to be permitted, licensed, or approved;
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(2) identification of all scenarios that might pose a risk to the wild rice waters identified
under clause (1), the likelihood of each scenario unfolding, and the scale of damage to wild
rice waters that would likely result from each scenario; and
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(3) an explanation of how the public need for the proposed activity or facility justifies
the risk posed by the activity or facility to wild rice waters.
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new text begin Subd. 5. new text end
new text begin Public comment and review; Tribal consultation; posting. new text end
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(a) The agency
must provide a draft wild rice risk justification for public comment. The agency must accept
comments for at least 30 days. Before issuing a final decision on the permit, license, or
other approval, the agency must respond in writing to all substantive comments. If 100 or
more residents or property owners in the state of Minnesota request a public hearing in
writing during the comment period, the agency must hold a public hearing near the affected
wild rice water.
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(b) The agency must also provide a copy of the draft wild rice risk justification to
Minnesota Tribal governments, as defined under section 10.65, and must engage in section
10.65 consultation concerning the draft wild rice risk justification with any Minnesota Tribal
government that requests it.
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(c) The agency must publish a final wild rice risk justification in the State Register and
post it on the agency's website. The publication of the final wild rice risk justification in the
State Register constitutes issuance of a final wild rice risk justification and is a final agency
decision under section 115.05, subdivision 11.
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