[House Report 118-377]
[From the U.S. Government Publishing Office]


118th Congress }                                              {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                              {  118-377

======================================================================



 
                SUPERIOR NATIONAL FOREST RESTORATION ACT

                                _______
                                

February 9, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3195]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3195) to rescind Public Land Order 7917, to 
reinstate mineral leases and permits in the Superior National 
Forest, to ensure timely review of Mine Plans of Operations, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Superior National Forest Restoration 
Act''.

SEC. 2. SUPERIOR NATIONAL FOREST SYSTEM LANDS IN MINNESOTA.

  (a) Rescission.--The order entitled ``Public Land Order No. 7917 for 
Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, 
MN'', issued by the Bureau of Land Management and dated January 31, 
2023, is hereby rescinded.
  (b) Timely Review.--The Secretary shall complete all necessary 
environmental and regulatory review, including processes subject to the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), for 
all Mine Plans of Operations within the Superior National Forest lands 
in the State of Minnesota--
          (1) with respect to such Mine Plans of Operations submitted 
        before the date of the enactment of this section, not later 
        than 18 months after the date of enactment of this section; and
          (2) with respect to a Mine Plan of Operations submitted or 
        resubmitted in the 7 year period beginning on the date of the 
        enactment of this section, not later than 18 months after the 
        date on which such Mine Plan of Operations is submitted or 
        resubmitted.
  (c) Reissuance of Mineral Leases.--
          (1) In general.--The Secretary shall issue each mineral 
        lease, preference right lease, and prospecting permit canceled 
        by the Secretary relating to lands within Superior National 
        Forest during the period beginning on January 31, 2021, and 
        ending on the date of the enactment of this section on the same 
        terms as were in effect on the date of such cancellations.
          (2) Judicial review.--A lease or permit issued under 
        paragraph (1) is not subject to judicial review.
  (d) Secretary Defined.--For the purposes of this section, the term 
``Secretary'' means--
          (1) the Secretary of the Interior; or
          (2) when used with respect to any unit of the National Forest 
        System, the Secretary of Agriculture.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 3195 is to rescind Public Land Order 
7917, to reinstate mineral leases and permits in the Superior 
National Forest, to ensure timely review of Mine Plans of 
Operations, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Superior National Forest (SNF) in northeastern 
Minnesota contains 3.7 million acres of National Forest System 
land, including the Boundary Waters Canoe Area Wilderness. The 
region contains vast amounts of copper and nickel, as well as 
cobalt and platinum metal groups, which began to attract 
interest from developers decades ago. In 1966, two mining 
leases were granted to project proponents for an initial term 
of 20 years, with rights to renew for 10 years.\1\ These leases 
have been renewed multiple times since.\2\ The project has had 
different operators since its inception and has yet to begin 
production due to high capital and exploration costs.
---------------------------------------------------------------------------
    \1\Twin Metals Minnesota, ``Fact: Twin Metals Minnesota's Federal 
Mineral Preference Right Leases Mines 1352 & 1353,'' Dec. 15, 2016, 
https://www.twin-metals.com/wp-content/uploads/2016/12/TMM-Lease-
Renewal-Facts-12-15-16.pdf.
    \2\Id.
---------------------------------------------------------------------------
    In the last days of the Obama administration, the U.S. 
Forest Service filed an application with the Bureau of Land 
Management (BLM) to withdraw 234,328 acres of SNF land from 
mineral development, immediately halting all mining activities 
pending the results of an environmental review.\3\ The Obama 
administration also declined to renew the two mineral leases, 
currently held by an operator called Twin Metals Minnesota, 
despite the operator's long tenure and hundreds of millions of 
dollars spent exploring the prospective mine site.\4\
---------------------------------------------------------------------------
    \3\82 Fed. Reg. 6639.
    \4\``The Latest: Twin Metals: Reinstating leases `important 
step','' May 2, 2018, Associated Press, https://apnews.com/
7c030dc4e85e4926a2028cb96e32b817.
---------------------------------------------------------------------------
    After 15 months of review, the Trump administration 
cancelled the application for the mineral withdrawal on 
September 6, 2018,\5\ and reinstated the mineral leases on May 
2, 2018.\6\ In December 2019, Twin Metals Minnesota formally 
submitted a Mine Plan of Operation to begin the federal 
permitting process, with the Minnesota Department of Natural 
Resources also conducting its own environmental impact 
review.\7\
---------------------------------------------------------------------------
    \5\U.S. Department of Agriculture, ``USDA Removes Roadblock to 
Mineral Exploration in Rainy River Watershed,'' Press Release, Sept. 6, 
2018, https://www.usda.gov/media/press-releases/2018/09/06/usda-
removes-roadblock-mineral-exploration-rainy-river-watershed.
    \6\U.S. Department of the Interior, ``Rescission of December 15, 
2016, Lease Renewal Application Rejection. Reinstatement of Mineral 
Leases MNES 01352 & MNES 01353 as Issued in 2004. Reinstatement of Twin 
Metal's 2012 Lease Renewal Application,'' May 2, 2018, https://
www.twin-metals.com/wp-content/uploads/2018/05/2018.05.02-Twin-Metals-
Lease-Reinstatement-Decision-002.pdf.
    \7\Karnowski, Steve, ``Twin Metals Minnesota files formal mine plan 
with regulators,'' Associated Press, Dec. 18, 2019. https://apnews.com/
3cb7d821267e8ada06e1817b5c380eef.
---------------------------------------------------------------------------
    The Biden administration reversed course once again, 
cancelling the mineral leases held by Twin Metals Minnesota on 
January 26, 2022,\8\ and initiating a withdrawal of over 
225,000 acres of mineral-rich land in the same area.\9\ These 
actions were taken despite years of environmental review, a 
pending Mine Plan of Operations at BLM,\10\ and a myriad of 
comments and letters from Members of Congress, mineral 
developers, local residents, union workers, and many other 
parties stating their support for the project. The finalized 
withdrawal went into effect on January 31, 2023,\11\ 
prohibiting extraction of any mineral--including copper, 
nickel, cobalt, platinum, and iron ore--in 225,504 acres of the 
SNF for 20 years.
---------------------------------------------------------------------------
    \8\Decision of Tommy Beaudreau, Deputy Secretary of the Interior, 
Jan. 26, 2022, https://www.blm.gov/sites/blm.gov/files/docs/2022-01/
2022.01.26%20Twin%20Metals%20Lease%20
Cancellation%20Decision_0.pdf.
    \9\U.S. Department of the Interior, ``Biden Administration Takes 
Action to Complete Study of Boundary Waters Area Watershed,'' Press 
Release, Oct. 20, 2021, https://www.doi.gov/pressreleases/biden-
administration-takes-action-complete-study-boundary-waters-area-
watershed.
    \10\Bureau of Land Management, NEPA number: DOI-BLM-Eastern States-
0030-2020-0006-EIS, https://eplanning.blm.gov/eplanning-ui/project/
1503233/510.
    \11\88 Fed. Reg. 6308.
---------------------------------------------------------------------------
    H.R. 3195 would rescind Public Land Order 7917, the order 
that directs the withdrawal. This bill also requires that any 
Mine Plans of Operations in the SNF currently pending at BLM, 
and any Mine Plans of Operations submitted or resubmitted to 
BLM in the next 7 years, must be reviewed within 18 months. 
Finally, this bill requires the reissuance of every mineral 
lease, preference right lease, and prospecting permit for 
mining on the SNF that was cancelled since January 31, 2021. 
The reissuance of such leases or permits is not subject to 
judicial review.
    The provisions in H.R. 3195, taken together, would 
effectively cancel the administrative withdrawal in northern 
Minnesota finalized by the Biden administration, restore 
mineral rights to prospective developers in the area, and 
require the prompt review of any Mine Plans of Operations for 
potential future development.

                            COMMITTEE ACTION

    H.R. 3195 was introduced on May 10, 2023, by Rep. Pete 
Stauber (R-MN). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Energy and Mineral Resources. On May 11, 2023, the 
Subcommittee on Energy and Mineral Resources held a hearing on 
the bill. On May 17, 2023, the Committee on Natural Resources 
met to consider the bill. The Subcommittee on Energy and 
Mineral Resources was discharged from further consideration of 
H.R. 3195 by unanimous consent. Rep. Stauber (R-MN) offered an 
amendment in the nature of a substitute, designated 
Stauber_016. Ranking Member Raul Grijalva (D-AZ) offered an 
amendment to the amendment in the nature of a substitute, 
designated Grijalva #1. The amendment offered by Ranking Member 
Grijalva (D-AZ) to the amendment in the nature of a substitute 
was not adopted by a roll call vote of 15 yeas to 17 nays, as 
follows:


    Rep. Sydney Kamlager-Dove (D-CA) offered an amendment to 
the amendment in the nature of a substitute, designated 
Kamlager-Dove #2. The amendment offered by Rep. Kamlager-Dove 
(D-CA) to the amendment in the nature of a substitute was not 
adopted by a roll call vote of 16 yeas to 19 nays, as follows:


    Ranking Member Raul Grijalva (D-AZ) offered a substitute 
amendment to the amendment in the nature of a substitute, 
designated Grijalva #3. The substitute amendment offered by 
Ranking Member Grijalva (D-AZ) was not adopted by a roll call 
vote of 16 yeas to 19 nays, as follows:


    The amendment in the nature of a substitute offered by Rep. 
Stauber (R-MN) was adopted by voice vote. The bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by a roll call vote of 21 yeas to 17 nays, as 
follows:


                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Energy and Mineral Resources 
held on May 11, 2023.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Superior National Forest Restoration Act.''

Section 2. Superior National Forest system lands in Minnesota

    Section 2 rescinds Public Land Order 7917, which withdraws 
225,504 acres of the Superior National Forest for 20 years. It 
requires review within 18 months of enactment of any Mine Plans 
of Operations currently pending at BLM and any Mine Plans of 
Operations submitted or resubmitted within seven years of the 
date of enactment. This section also requires reissuance of 
every mineral lease, preference right lease, and prospecting 
permit that has been cancelled since January 31, 2021. Finally, 
this section makes clear that the reissuance of such leases or 
permits is not subject to judicial review.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  COMPLIANCE WITH HOUSE RULE XIII AND 
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:




    The bill would:
           Reverse the withdrawal of more than 225,000 
        acres of National Forest System land in Minnesota from 
        mineral and geothermal leasing
           Specify deadlines for the Departments of 
        Agriculture and the Interior to review plans for mining 
        on that land
           Require certain canceled leases to be 
        reissued
           Impose intergovernmental and private-sector 
        mandates by eliminating a right of action to seek a 
        judicial review of reissued permits and leases
    Estimated budgetary effects would mainly stem from:
           Rents and royalties collected from reissued 
        mineral leases
    Areas of significant uncertainty include:
           Anticipating whether mining permits would be 
        issued for certain operations
           Projecting mineral prices
    Bill summary: H.R. 3195 would revoke Public Land Order 
7917, ``Withdrawal of Federal Lands; Cook, Lake, and Saint 
Louis Counties, MN,'' which was issued on January 31, 2023, by 
the Bureau of Land Management (BLM). The order, effective for 
20 years and subject to valid existing rights, withdrew more 
than 225,000 acres of National Forest System land in Minnesota 
from mineral and geothermal leasing.
    The bill would require the Departments of Agriculture and 
the Interior to reissue all mineral leases and prospecting 
permits for the withdrawn area that were canceled between 
January 31, 2021, and the date of enactment. The reinstated 
leases would be subject to their original terms and exempt from 
judicial review. In addition, within 18 months of enactment 
those departments would be required to complete environmental 
and regulatory reviews of plans of operation for certain mining 
activities within the Superior National Forest in Minnesota.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 3195 is shown in Table 1. The costs of the legislation 
fall within budget function 300 (natural resources and 
environment).
    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of calendar year 2023. Based 
on details in the bill and accounting for permitting processes 
in federal and state laws, CBO expects that BLM would start 
collecting rents and minimum royalties (payments in lieu of 
production royalties) in 2024 and mineral production royalties 
in 2031.
    Background: Under mineral-leasing laws, some acquired 
federal land (land that is granted or sold to the federal 
government by states or private entities) can be leased to 
prospect for, develop, and extract hardrock minerals. The 
leases are managed by BLM and are subject to rents and 
royalties on the minerals produced. The federal government is 
required to disburse 49 percent of lease proceeds to the states 
where the activities occur.
    Two active hardrock mineral leases in effect on National 
Forest System land in Minnesota in January 2022 were canceled 
by the Department of the Interior on January 26, 2022. Within a 
year of those cancellations, Public Land Order 7917 withdrew 
that land from mineral and geothermal leasing, effectively 
restricting the Forest Service and BLM from processing or 
issuing new hardrock-prospecting permits and mineral leases. 
According to information from the Forest Service about 67,000 
acres within the affected area have a high potential for mining 
copper, nickel, cobalt, and platinum group metals.
    Direct spending: CBO estimates that enacting H.R. 3195 
would decrease net direct spending by $40 million over the 
2024-2033 period.

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 3195
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, millions of dollars--
                                                          ----------------------------------------------------------------------------------------------
                                                            2024   2025   2026   2027   2028   2029   2030   2031    2032    2033   2024-2028  2024-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 ESTIMATED INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Rents and Royalties Under Reissued Leases:
    Estimated Budget Authority...........................      *     -1      *     -1      *      *     -1     -22     -27     -26       -2        -78
    Estimated Outlays....................................      *     -1      *     -1      *      *     -1     -22     -27     -26       -2        -78
Payments to the State of Minnesota:
    Estimated Budget Authority...........................      *      1      *      *      *      *      *      11      13      13        1         38
    Estimated Outlays....................................      *      1      *      *      *      *      *      11      13      13        1         38
    Total:
        Estimated Budget Authority.......................      *      *      *     -1      *      *     -1     -11     -14     -13       -1        -40
        Estimated Outlays................................      *      *      *     -1      *      *     -1     -11     -14     -13       -1        -40
--------------------------------------------------------------------------------------------------------------------------------------------------------
* = between -$500,000 and $500,000.
CBO estimates that H.R. 3195 also would increase spending subject to appropriation by less than $500,000 over the 2024-2028 period; any spending would
  be subject to the availability of appropriated funds.

    Rents and royalties under reissued leases: CBO estimates 
that the federal government would collect $78 million in rents 
and royalties over the 2024-2033 period under the reissued 
leases. Those amounts would be classified in the budget as 
offsetting receipts (or reductions in direct spending).
    Using information from BLM on the leases' terms, CBO 
expects that a leaseholder would pay combined annual rent and a 
minimum royalty of about $400,000 and a 6 percent royalty on 
the gross value of minerals mined. Based on information from 
industry experts, CBO expects that state and local permitting 
and preproduction activities would take about seven years to 
complete. Because of uncertainty about when and whether a 
leaseholder would obtain the necessary permits, CBO used a 50 
percent probability that production would begin after 2030 but 
before 2033.
    Based on that timeline, CBO estimates that the federal 
government would collect roughly $3 million over the 2024-2030 
period in rents and minimum royalties. Using information on 
estimated production volume from the previous mining operation 
plans and forecasts of metal and mineral prices from the U.S. 
Geological Survey and the World Bank, CBO estimates that the 
federal government would collect about $75 million in royalties 
over the 2031-2033 period from production royalties. (That 
amount incorporates the 50 percent probability that production 
does not occur or occurs after 2033.)
    Payments to the State of Minnesota: Under current law, the 
Department of the Treasury returns 49 percent of the offsetting 
receipts in rent and royalties from mineral leases to the state 
in which the mining occurs. Under the bill, the federal 
government would transfer roughly $38 million over the 2024-
2033 period to the State of Minnesota. That amount includes 
about $1 million in rents before production from 2024 to 2030 
and about $37 million in royalties produced from 2031 to 2033. 
Payments to states are subject to sequestration through 2031 
and CBO's estimate incorporates those effects.
    Spending subject to appropriation: H.R. 3195 would require 
the Forest Service and BLM to complete environmental and 
regulatory reviews of leaseholders' plans of operations within 
18 months of enactment. Under current law, the agencies would 
perform those tasks under an agreement with leaseholders to pay 
for the cost of such reviews. Thus, CBO estimates that the net 
cost of those reviews would be negligible over the 2024-2033 
period.
    Uncertainty: This estimate is subject to significant 
uncertainty because the collection of rents and royalties for 
mining operations depends on whether and when the necessary 
state and local permits are obtained. The state permitting 
process could be shorter or longer than CBO anticipates. In 
addition, because CBO cannot precisely predict future mineral 
prices, the royalties collected could be larger or smaller than 
estimated.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in Table 2.

 TABLE 2.--CBO's ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 3195, THE SUPERIOR NATIONAL FOREST RESTORATION ACT, AS ORDERED REPORTED BY THE
                                                  HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 17, 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2024    2025    2026    2027    2028    2029    2030    2031    2032    2033   2024-2028  2024-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET DECREASE IN THE DEFICIT
 
Pay-As-You-Go Effect..............................       0       0       0      -1       0       0      -1     -11     -14     -13        -1        -40
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting H.R. 3195 would not increase net direct 
spending or deficits in any of the four consecutive 10-year 
periods beginning in 2034.
    Mandates: H.R. 3195 would impose intergovernmental and 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) by eliminating a right of action for entities 
to seek judicial review of permits and leases reissued as a 
result of the bill. Because those reviews do not generally 
result in monetary damages, CBO estimates that the cost of the 
mandates would fall well below the intergovernmental and 
private-sector thresholds established in UMRA ($99 million and 
$198 million in 2023, respectively, adjusted annually for 
inflation).
    Estimate prepared by: Federal costs: Lilia Ledezma; 
Mandates: Brandon Lever.
    Estimate reviewed by: Ann E. Futrell, Senior Adviser for 
Budget Analysis; Kathleen FitzGerald, Chief, Public and Private 
Mandates Unit; H. Samuel Papenfuss, Deputy Director of Budget 
Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to rescind Public Land Order 7917, to 
reinstate mineral leases and permits in the Superior National 
Forest, to ensure timely review of Mine Plans of Operations, 
and for other purposes.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to the Congressional Budget Office (CBO), H.R. 
3195 would impose intergovernmental and private-sector mandates 
as defined in the Unfunded Mandates Reform Act (UMRA). However, 
CBO estimates that the cost of such mandates would fall well 
below the intergovernmental and private-sector thresholds 
established in UMRA.

                           EXISTING PROGRAMS

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As ordered reported by the Committee on Natural Resources, 
H.R. 3195 makes no changes in existing law.

                            DISSENTING VIEWS

    Designated initially under the Wilderness Act of 1964, the 
Boundary Waters Canoe Area Wilderness (BWCAW) is a 1,090,000-
acre federal wilderness area inside Superior National Forest in 
northern Minnesota. As the nation's most-visited wilderness 
area, BWCAW welcomes approximately 150,000 visitors annually. 
Along with nearby Voyageurs National Park, the Boundary Waters 
supports 22,000 jobs and $1.4 billion in annual visitor 
spending. The BWCAW is nationally significant because of its 
pristine and crystal-clean water resources, remote location, 
and vast solitude.
    In 2012, Twin Metals Minnesota--a wholly owned subsidiary 
of the Chilean mining company Antofagasta plc--requested an 
extension of two expired leases in the Superior National Forest 
to build a sulfide-ore copper mine for copper, nickel, cobalt, 
and platinum. In 2016, after an extensive public input process, 
the Forest Service concluded that a sulfide-ore copper mine in 
the watershed near the BWCAW could result in ``extreme'' and 
``serious and irreplaceable harm'' to the wilderness area. The 
Forest Service withheld its consent for renewal, and the leases 
expired. Following the refusal to renew the mineral leases, the 
Forest Service initiated a process to protect 235,000 acres of 
the Superior National Forest from mining for 20 years, also 
known as a mineral withdrawal, to provide further protections 
for the BWCAW. Under the Trump administration, ignoring the 
science and public comment, the Bureau of Land Management (BLM) 
reinstated the expired Twin Metals leases and abruptly canceled 
the mineral withdrawal application.
    In October 2021, under the Biden administration, the Forest 
Service submitted a new withdrawal application and undertook a 
science-based environmental assessment to evaluate the 
potential impact of prohibiting new mining and geothermal 
exploration and development within the Rainy River Watershed 
for the next 20 years and collected extensive public comment.
    In January 2022, DOI's Office of the Solicitor issued a 
legal opinion finding that the Trump administration improperly 
renewed the leases by failing to follow DOI regulations, did 
not incorporate the Forest Service's opposition to the renewal, 
and conducted an inadequate environmental analysis under the 
National Environmental Policy Act (NEPA). Given these findings, 
DOI canceled the Twin Metals leases.
    In January 2023, Secretary of the Interior Haaland 
finalized the mineral withdrawal for 225,000 acres of Superior 
National Forest--Public Lands Order 7917. The withdrawal was 
informed by approximately 200,000 comments gathered from two 
public comment periods, three virtual public meetings, two 
tribal consultations, and a thorough scientific review.
    H.R. 3195 undermines the scientific and public input 
process the Biden administration rightfully used to complete 
the mineral withdrawal. The legislation would reinstate the 
canceled leases and permits without judicial review. If allowed 
to proceed, the Twin Metals mine in the watershed of the 
Boundary Waters would pose a significant risk and could cause 
irreparable harm to the wilderness area. Additionally, nearly 
70 percent of Minnesotans support protecting the Boundary 
Waters from sulfide-ore copper mining, with support across the 
political spectrum.
    For these reasons, Democrats oppose H.R. 3195, which would 
nullify Public Land Order No. 7917.
                                          Raul M. Grijalva,
                                                    Ranking Member.