Wild rice risk justification before authorizing certain activities requirement provision

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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Subdivision 1.

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Findings.

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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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Subd. 2.

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Definitions.

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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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Subd. 3.

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Authorizing activities affecting wild rice.

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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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Subd. 4.

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Wild rice risk justification requirements.

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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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Subd. 5.

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Public comment and review; Tribal consultation; posting.

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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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