BHA tracked important committee meetings in both the Senate and House of Representatives during the month of May. We applauded the movement of legislation to conserve public lands and waters and improve recreational opportunities as well as shared our opposition to legislation that would overturn protections for the Boundary Waters Canoe Area Wilderness. We are greatly disappointed in a ruling issued by the Supreme Court in Sackett vs. the Environmental Protection Agency, which drastically reduced protections for wetlands and waterways such as the prairie pothole region in the Midwest that is North America’s “duck factory.” 

Senate Committee Votes on Conservation and Recreation Legislation 

On May 17, the Senate Energy and Natural Resources Committee held a business meeting that included consideration of eight bills supported by BHA, which were voted on and reported by the committee. Each of these bills received bipartisan support, and four of them advanced with a voice vote as well. You can read more on our blog about the legislation and what it means for hunters and anglers. Information on the bills and highlights from the committee meeting can be found below. 

• America’s Outdoor Recreation Act (S. 873) - This bill led by Chairman Joe Manchin (D-WV) and Ranking Member John Barrasso (R-WY) was passed by voice vote. The House Natural Resources Committee also has begun consideration of several standalone bills that include the same language as the America’s Outdoor Recreation Act. This piecemeal approach then will need to be reconciled with the Senate version.  
• Smith River National Recreation Area Expansion Act (S.162) - This bill led by Sen. Jeff Merkley (D-OR) received a vote of 11-8 by the committee. 
• Oregon Recreation Enhancement Act (S. 440) - This bill led by Sen. Ron Wyden (D-OR) received a vote of 12-7 by the committee.  
• Cerro de la Olla Wilderness Establishment Act (S.593) - This bill led by Sen. Martin Heinrich (D-NM) was passed by voice vote. A companion to this bill in the House of Representatives is led by Rep. Teresa Leger Fernandez (D-NM). 
• M.H. Dutch Salmon Greater Gila Wild and Scenic River Act (S. 776) - This bill led by Sen. Martin Heinrich (D-NM) received a vote of 11-8 by the committee. A companion to this bill in the House of Representatives is led by Rep. Gabe Vasquez (D-NM). 
• Ruby Mountains Protection Act (S. 706) - This bill led by Sen. Catherine Cortez Masto (D-NV) received a vote of 12-7 by the committee. A bill in the House of Representatives that includes this language is led by Rep. Mark Amodei (R-NV). 
• Berryessa Snow Mountain National Monument Expansion Act (S. 683) - This bill led by Sen. Alex Padilla (D-CA) was passed by voice vote. Its companion in the House of Representatives is led by Rep. John Garamendi (D-CA). 
• “Cottonwood fix” (S. 1540) - This bill led by Sen. Steve Daines (R-MT) was passed by voice vote. A companion to this bill in the House of Representatives is led by Rep. Matt Rosendale (R-MT) and was passed by the House Natural Resources Committee 22-17 on the same day.  

House Committee Advances Attacks on Boundary Waters Protections 

On the other side of the Hill on May 17, the House Natural Resources Committee held a markup that advanced two separate efforts on a party-line vote, H.Con Res. 34 and the Superior National Forest Restoration Act, led by Rep. Pete Stauber (R-MN). These would overturn a 20-year mineral withdrawal of 225,504 acres in the Superior National Forest, upstream of the Boundary Waters Canoe Area Wilderness. BHA applauded this administrative withdrawal, which was the culmination of years of work supported by our members and partners to protect America’s most visited wilderness area from sulfide-ore mining proposals such as Twin Metals. 

1. Con. Res. 34 aims to use the Federal Land Management Policy Act to overturn the administrative mineral withdrawal without the ability for a veto from the president. However, the provision of FLPMA that this resolution intended to utilize has been deemed unconstitutional. The Superior National Forest Restoration Act (H.R. 3195) would require DOI to complete the permitting process for the proposed Twin Metals mine, reissue previously canceled leases, and preclude those permits and leases from judicial review. Both of these efforts are opposed by BHA – and we continue to support permanent protections for the Boundary Waters, which Rep. Betty McCollum's (D-MN) Boundary Waters Wilderness Protection and Pollution Prevention Act (H.R. 668) would provide. Take action here to support permanent protections for the Boundary Waters.

Two bills supported by BHA were advanced favorably during this markup as well. The Save our Sequoias Act  (H.R. 2989) led by Speaker McCarthy (R-CA) passed by voice vote, and the Forest Information Reform Act (H.R. 200) led by Rep. Matt Rosendale (R-MT) passed on a party line vote of 22-17. 

Legislation to Conserve Colorado Public Lands and Waters 

Also on May 17, Sen. Michael Bennet (D-CO) and Rep. Joe Neguse (D-CO) reintroduced the Colorado Outdoor Recreation and Economy (CORE) Act (S. 1634/H.R. 3437). This legislation would protect and conserve more than 400,000 acres of public lands in Colorado. With over a decade of stakeholder engagement and local collaboration, the CORE Act is strongly supported by hunters and anglers who would benefit from intact fish and wildlife habitat. 

Last November, the Biden administration took action on two major components of the CORE Act - both the designation of the Camp Hale-Continental Divide National Monument and the initiation of a 20-year mineral withdrawal for more than 200,000 acres of western Colorado’s Thompson Divide region. BHA commended these steps and was present for their announcement by President Biden.  

It is still critical that the CORE Act is passed into law, as it would designate 71,000 acres of new wilderness areas and create nearly 80,000 acres of new recreation and conservation management areas in places like the San Juan Mountains and White River National Forest, make permanent a mineral withdrawal for the Thompson Divide, spanning 250,000 acres, and establish a boundary for the existing Curecanti National Recreation Area while improving its management. 

In the 117th Congress this legislation passed the House with bipartisan support multiple times as part of the Protecting America’s Wilderness and Public Lands Act, a package of legislation supported by BHA. It was also given a hearing last Congress by the Senate Energy and Natural Resources Committee. 

Take action here to support the CORE Act. 

Legislation to Update 1872 Mining Law  

On May 19, the Clean Energy Minerals Reform Act (H.R. 3495/S. 1742)was reintroduced by House Natural Resources Committee Ranking Member Raul Grijalva (D-AZ) and Sen. Martin Heinrich (D-NM). This legislation would, for the first time in 150 years, modernize the laws that govern hardrock mining on public lands. By instituting fees and royalties on the only extractive industry that does not pay for public resources, it would provide revenue for the cleanup of abandoned hardrock mine sites, the No. 1 source of pollution on our public lands. 

Language to reform the 1872 Mining Law was included in draft versions of the Build Back Better Act in late 2021. As the discussion of comprehensive permitting reform following the passage of the Inflation Reduction Act into law (which took up many provisions of Build Back Better but failed to address updates to public land hardrock mining) takes center stage on Capitol Hill, BHA is encouraging Congress to consider potential reforms that would include long overdue royalties on the mining industry to fund the cleanup of our public lands. 

Read BHA's press release here. 

Legisation to Conserve California Public Lands and Waters 

On May 25, the Protecting Unique and Beautiful Landscapes by Investing in California (PUBLIC) Lands Act was reintroduced by Sen. Alex Padilla (D-CA). This language is included in three standalone bills in the House of Representatives: the San Gabriel Mountains Protection Act led by Rep. Judy Chu (D-CA) and the Northwest California Wilderness, Recreation, and Working Forests Act led by Rep. Jared Huffman (D-CA), both introduced the same day, as well as the Central Coast Heritage Protection Act led by Rep. Salud Carbajal (D-CA). 

Together these bills would designate nearly 600,000 acres of new wilderness, protect more than 583 miles of new wild and scenic rivers, expand San Gabriel Mountains National Monument by over 100,000 acres, and restore nearly 750,000 acres of National Forest System lands to boost watershed health, ecological resilience and reduce wildfire risk – specifically by requiring federal agencies to coordinate fire management practices in wilderness areas, especially in large wilderness areas managed across more than one jurisdiction.  

BHA supports securing protections for habitat critical for California’s wildlife in the most remote portions of the state while simultaneously enhancing access and opportunities for sportsmen and women who face the challenges of encroaching urbanization along the state’s coast and inland communities. In the 117th Congress this legislation passed the House of Representatives on multiple occasions and was considered by the Senate Energy and Natural Resources Committee. 

In the 117th Congress this legislation passed the House with bipartisan support multiple times as part of the Protecting America’s Wilderness and Public Lands Act, a package of legislation supported by BHA. It was also given a hearing last Congress by the Senate Energy and Natural Resources Committee. 

Take action here to support the these bills that would protect fish and wildlife habitat in California. 

Supreme Court Rules Against Clean Water, Wetlands 

On May 26, the Supreme Court issued its ruling on Sackett vs. the Environmental Protection Agency narrowing interpretations for the test that determines Clean Water Act protections under what are called “waters of the United States.” By restricting protections for waters to only those with a “continuous surface connection,” the Supreme Court dramatically reversed course on prior rulings. This eliminates safeguards for almost all of the nation’s wetlands and drastically reduces the EPA’s authority to protect other wetlands and waterways that provide valuable fish and wildlife habitat. 

BHA was one of several organizations that joined in filing an amicus brief in the Sackett case. It underscores how narrowing the coverage of the Clean Water Act would have devastating effects on wetlands, rivers and streams, fish and wildlife habitat, and recreational opportunities for millions of hunters, anglers and recreationists. 

Leading up to this decision, BHA applauded the announcement of the final revised definition of “waters of the United States” rule in January of this year. Both the House and Senate passed resolutions to reverse the rule early in the 118th Congress, which were vetoed by President Biden. The House attempted to override his veto but failed to raise the necessary two-thirds majority to do so successfully. BHA and many of our partners shared our opposition with members of Congress to using the Congressional Review Act to overturn this tool for Clean Water Act protections. 

Read BHA’s press release here.