In 50-49 vote, U.S. Senate ends copper-nickel mining ban near Boundary Waters Canoe Area Wilderness

Washington, D.C. — A months-long effort by Minnesota and national conservationists to protect the Boundary Waters watershed failed Thursday morning when the U.S. Senate voted 50-49 to pass House Joint Resolution 140. The bill now goes to President Donald Trump, who will sign it.

“The United States is unequivocally worse off today than it was yesterday,” said Ely-based Sportsmen for the Boundary Waters (SFBW) Program Manager Matthew Schultz. “The simple fact of the matter is that the Boundary Waters now has one less layer of protection, and, with the sense of victory fresh on their minds, Congress can do the same on a tract of land near you.”

The final Senate vote broke along mostly party lines, with two Republican senators – Thom Tillis of North Carolina and Susan Collins of Maine – joining Democratic opposition. Sen. Josh Hawley, R-Mo., was not present and did not vote.

The measure repeals a 2023 Biden administration 20-year moratorium on copper-sulfide mining on 225,000 acres of the Superior National Forest in the Rainy River watershed around the Boundary Waters Canoe Area Wilderness. The original House resolution to repeal the Biden-era moratorium was authored by U.S. Rep. Pete Stauber, R-Minn.-8th, and it passed the House on Jan. 20 on a vote of 214-208. The Senate had 60 working days to vote on the measure before it expired.

Opponents to repealing the moratorium believe copper-sulfide mining in the water-rich area will poison some of the purest waters remaining in the Lower 48 and affect recreation in the nation’s most popular wilderness. They also say the soon-to-be-law not only eliminates current protections but also prevents future administrations from using similar safeguards on the BWCA.

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Minnesota-based groups like SFBW and the Save the Boundary Waters Coalition worked steadily this week and throughout the day and night Wednesday urging the public to contact Republican senators in opposition. Missoula, Mont.-based Backcountry Hunters and Anglers also posted a steady stream of social media content urging followers to contact their senator and prevent Senate passage of HJR140.

The congressional revocation of Public Land Order 7917 paves the way for the Trump administration to grant federal mineral leases to Chilean-owned Twin Metals. With extensive federal and state permitting protocols and potential judicial obstacles still possible, an actual mine upstream from the BWCA could take years before it becomes a reality.

Chilean-based mining company Antofagasta and its state-based subsidiary, Twin Metals Minnesota, want to mine for copper and other metals along Birch Lake, near the Boundary Waters Canoe Area Wilderness. Proponents of the project, including congressional reps during the testimony, noted that the proposed mining area lies outside the wilderness. Opponents cite the risk of runoff into the federally protected wilderness zone and other sensitive downstream regions since the site lies within the same watershed.

Late Wednesday, the Senate voted 51-49 to begin debate. In that procedural vote, Tillis and Collins also voted with Democrats. Tillis is retiring at the end of this year.

Sen. Tina Smith, D-Minn., then spoke for three hours late into the night in opposition to the measure. Fellow Minnesota senator (and gubernatorial candidate Amy Klobuchar) also testified against the measure.

Smith has been a steadfast supporter of protecting the region from the possible threats of copper-sulfide mining and last year authored The Boundary Waters Wilderness Protection Act. She is retiring at the end of the year.

“I dearly hope that the members of this body will think about their legacy in protecting the great places of this country,” Smith said.

The Senate adjourned following her comments and scheduled the final vote for Thursday morning.

She returned to the Senate floor Thursday morning with final comments before the vote.

“One of our most important responsibilities is to protect our precious public spaces. Historically, we have approached that with a sense of balance. Guided by science, public input, guided by treaty obligations,” she said. “This measure flies in the face of that balance.”

Reaction

Disappointment with Thursday’s vote was swift and furious. Lukas Leaf, executive director of Minnesota-based Sportsmen for the Boundary Waters, called the vote short-sighted, disappointing, and staggering.

“By overturning the mining moratorium in the Rainy River Watershed, our elected officials have put the interests of a few above the benefit of many…

“Paving the way for the Twin Metals mine does little, if anything, to satisfy the America First agenda, and is a direct assault on our outdoor heritage and public lands nationwide. When will we realize that we simply cannot just create more of these critical landscapes? Our collective legacy, our responsibility, is to leave behind protected places like the Boundary Waters, not to bend the knee to a foreign mining company for short-term gain. This battle is far from over, and our resolve is stronger than ever.”

Ingrid Lyons, executive director of Save the Boundary Waters, issued the following statement:

“Today is a dark day for America’s most beloved Wilderness area, the Boundary Waters Canoe Area Wilderness, and a stark warning call for public lands nationwide. Minnesotans and the American public writ large have been loud and clear – this iconic place needs to be protected. Today, by the very people who claim to represent them, they were ignored, and even worse, silenced. But of course, it’s not over, and we will always keep fighting.”

Marc Fink, a Duluth-based director and senior attorney for the Center for Biological Diversity’s Public Lands Law Center, said:

“The Senate’s decision to strip protections from the Boundary Waters is a devastating blow for everyone who loves this spectacular wilderness. Rep. Stauber will be remembered for opening the Boundary Waters watershed to the toxic mining industry. Congress has brushed aside Forest Service warnings and ignored overwhelming public support for protecting this area from copper mining. We’ll keep fighting Twin Metal’s copper mine proposal, and we won’t stop until the Boundary Waters are permanently protected from toxic mining.”

American Hunters & Anglers Co-Chair Land Tawney also released the following statement in response to today’s vote:

“Fifty Republican U.S. senators just sold out American sportsmen and women to a Chilean billionaire. How do his boots taste? Everyone who voted for House Joint Resolution 140 just prioritized a foreign mine over public land, clean water, hunting, fishing and the $77 million local economy they support. Shame on all of them. This isn’t America first, it’s America last. And We the People won’t forget.”

Jared Mott, executive director of the Izaak Walton League criticized the Senate for undermining the will of the American people, ignoring scientific data, and forgetting decades of mining lessons.

“Make no mistake, if this mine is built in this place, sulfuric acid will contaminate the Boundary Waters, spoiling America’s most visited wilderness area and poisoning 20 percent of all fresh water in our National Forest system. In addition, Congress has now exposed every public lands order issued by any administration to repeal, regardless of the science that backed it or public support for it.

“We are in uncharted waters, but our 100-year fight for this unique wilderness treasure continues. The Izaak Walton League has never turned its back on the Boundary Waters and we aren’t about to start now.”