Boundary Waters Wilderness Threatened by Legislation That Would Allow Copper Mining

Canada Jays are another species typically found in quiet, remote forests, and are sensitive to disturbance and habitat fragmentation. Photo courtesy of Jonathan Ley.

Update: The vote on this resolution in the U.S. Senate has been postponed and is now expected to occur during the Senate’s next working session beginning Feb. 23, 2026, which means there is still time to contact Senators.

This week, and possibly as early as Tue., Feb. 9, 2026, the U.S. Senate is considering legislation that could allow for copper-nickel mining near the Boundary Waters Canoe Area Wilderness. H.J. Res. 140, which passed the House on Jan. 21, 2026, by a 214–208 vote, would overturn a 20-year mining moratorium in the watershed around the Boundary Waters.

Comprising over a million acres of interconnected lakes and forests, the Boundary Waters in northern Minnesota is among the most intact boreal ecosystems in the Lower 48 states. Roughly 150,000 people visit the Boundary Waters each year for paddling, camping, and wildlife viewing, making it one of the most visited wilderness areas in the U.S.

Mining near or in the Boundary Waters could permanently devastate the area’s wildlife, including birds. This vote could also set an important precedent for future land-use decisions, signaling whether public and conservation interests are prioritized over private extraction near public lands and potentially weakening safeguards for other wildlife refuges and birding hotspots nationwide.

Sulfide-ore copper mining produces sulfuric acid when exposed to air and water. This process, known as acid mine drainage, can leach heavy metals into lakes and rivers. Pollution risks can persist for centuries, long after mines close.

The Boundary Waters provide critical breeding habitat for warblers, loons, and many other birds, making it one of the ABA Area’s premier wilderness birding destinations. Threats to iconic species such as Common Loon, Boreal Chickadee, and Canada Jay—and to migrating and breeding warblers—would have lasting consequences.

Because the area is a network of linked lakes and streams, contamination in one location can spread widely. Clean water is essential for birds, fish, and invertebrates throughout this ecosystem.

The Boreal Chickadee is not present in most of the Lower 48 and already uncommon in the few places where it occurs. Where it is found, the Boreal Chickadee is an indicator of intact boreal forest and is sensitive to habitat fragmentation and industrial disturbance. Photo by © Simon Pierre Barrette.

Wilderness recreation and ecotourism generate sustainable, long-term income for local communities, but that is threatened by mining operations that could pollute the area. Birders, paddlers, and outdoor visitors support the regional economy year after year. In addition, Anishinaabe communities have deep cultural and historical ties to these lands.

Once degraded, wilderness landscapes are rarely fully restored. Plus, cleanup costs for mining contamination often fall to taxpayers.

The Wilderness Protection and Pollution Prevention Act is a separate bill introduced by Rep. Betty McCollum that aims to solidify legal protection for the area. Similarly, Senator Tina Smith has introduced the Boundary Waters Wilderness Protection Act, which would permanently prohibit new sulfide mining on roughly 225,500 acres of federal land in the watershed that drains into the Boundary Waters. Both of these bills were submitted in 2025 and neither has passed.

As the House of Representatives has already passed H.J. Res. 140, birders and conservation supporters can contact senators and urge them to oppose H.J. Res. 140, as well as share accurate information within the birding community.