On January 9, the U.S. Forest Service approved a deal to trade land with PolyMet Mining Corp. This is a big step in PolyMet moving forward with its plans to develop an open pit copper-nickel mine on a 30-square-mile patch of land that includes the old Erie Mining plant processing facility, rail line, and tailings basin in the Hoyt Lakes area.
The Forest Service signed the Final Record of Decision (ROD) authorizing the exchange with PolyMet Mining, Inc., which calls for the Forest Service to convey 6,650 acres of federal land in exchange for acquisition of 6,690 acres of non-federal lands.
This decision will transfer the surface property owned by the Forest Service to PolyMet, who controls the subsurface (mineral rights), thereby enabling the development of the proposed NorthMet copper-nickel mine pending other federal and state required approvals.
“When making this decision I considered many factors – the complex mix of environmental concerns, extensive public input, the potential economic benefit to local communities, existing rights, and tribal trust responsibilities,” Forest Supervisor Connie Cummins said. “This decision best serves the public’s interest.”
This decision follows a thorough environmental analysis and public engagement process. The Final ROD presents a detailed description of the modified Proposed Action that will be implemented and includes the rationale for this decision. In making the decision, the Forest Supervisor considered whether the non-federal lands to be acquired were equal to, or exceeded the resource values and public objectives of the federal lands to be conveyed.
U.S. Rep. Rick Nolan wasted little time applauding the decision by the Forest Service.
“This is wonderful news for our Iron Range,” Nolan said. “We are another step closer to making the Polymet initiative a reality. I will continue to work with the appropriate agencies to ensure that the proposed project moves forward in an efficient manner.”
Paul Danicic, executive director of the Friends of the Boundary Waters, was also quick to respond. “The transfer of thousands of acres of Superior National Forest land to PolyMet is a bad deal for taxpayers, premature, and not in the public interest. No exchange of land can undo the damage that PolyMet would do to this area. The land that PolyMet seeks to mine contains thousands of acres of high-value wetlands that are irreplaceable,” he said as part of a longer statement. Danicic also claimed the land that the Forest Service would receive in the exchange was valued at $550 per acre, well below its actual value as property essential to a mining proposal.
The NorthMet Mining Project and Land Exchange were analyzed in an Environmental Impact Statement (EIS) developed by three co-lead agencies: the Minnesota Department of Natural Resources (DNR), the U.S. Army Corps of Engineers (USACE), and the Forest Service. The EIS disclosed the environmental effects of the mining proposal and proposed the land exchange. The decision making and implementation processes within each co-lead agency are independent; the Forest Service decision is based solely on the proposed land exchange. The permitting process administered by the DNR, USACE and other governmental entities will carry out mandatory requirements of the relevant policy, regulation, and law for the mine. The DNR will make decisions related to permitting the proposed mine, and the USACE will make a decision on a Clean Water Act permit.
Throughout the entire process, the Forest Service consulted with the Fond du Lac, Grand Portage, and Bois Forte Bands of the Minnesota Chippewa Tribe resulting in identifying project mitigations to protect cultural resources. The mining project and the lands proposed for exchange are within the 1854 Ceded Territory where these Bands have hunting and gathering rights.
Extensive public involvement was part of the EIS process, including multiple public open houses. The public submitted approximately 58,000 comments during the comment period on the Supplemental Draft EIS for the proposed NorthMet Mine and Land Exchange, which were released in late 2013. Shortly following the release of the Final EIS on November 6, 2015, the Forest Service published a Draft ROD authorizing a land exchange. In response, the Forest Service received approximately 22,500 objections.
The Forest Service and PolyMet will now begin the realty transfer process.
A copy of the Final ROD is posted on the Superior National Forest website at www.fs.usda.gov/superior.
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