Bill Analysis | Energy & Environment

Analysis of H.J. Res. 140, congressional disapproval of Public Land Order No. 7917

March 23, 2026

Key Takeaways

« H.J. Res. 140 reverses the Biden-era ban on mining and mineral leases within Minnesota’s Super National Forest and Duluth Complex.

« The Duluth Complex is home to the world's largest untapped copper-nickel deposit and nearly all of America's domestic proved nickel, cobalt, and platinum reserves.

« The U.S. is fully import-reliant on 12 critical minerals and more than half-reliant on 29 additional critical minerals; H.J. Res. 140 is a critical step toward rebuilding America’s domestic critical mineral mining industry.

Introduction

House Joint Resolution 140 (H.J. Res. 140), introduced by Congressman Pete Stauber (MN-08), is a joint resolution of disapproval, introduced pursuant to the Congressional Review Act (CRA), which reverses President Biden’s Public Land Order 7917. This Order placed a 20-year ban on mining and mineral leasing within the Duluth Complex, a massive bedrock formation located under Minnesota’s Superior National Forest.

The Duluth Complex is home to over 225,504 acres of mineral-rich federal lands and some of the United States’ greatest deposits of critical minerals. The Duluth Complex contains the “largest untapped copper-nickel deposit in the world,” containing approximately 95% of America’s nickel, 88% of its cobalt, 75% of its platinum, and nearly one-third of its copper.

Restores Domestic Mining Opportunities

The passage of H.J. Res. 140 through the CRA is consequential for two primary reasons. First, the bill opens the door to mining within the Superior National Forest. This bill represents an excellent opportunity to expand access to some of America’s largest deposits of critical minerals. This legislation will help to achieve President Trump’s national security and energy dominance goals and create the conditions necessary to approve new mining operations in Minnesota.

The importance of passing this law is paramount—it directly addresses the pressing need to expand domestic mining opportunities and to restore America’s critical mineral supply chains. Currently, the Mountain Pass mine in California is the only operational rare earths mine in the United States. Passing H.J. Res. 140 is a critical first step toward reducing America's dependence on foreign mineral sources and securing a resilient domestic supply chain for the nation's long-term strategic interests. Furthermore, initiatives like Project Vault bolster H.J. Res. 140’s efforts by creating the groundwork for a domestic critical minerals supply chain and storage network, ensuring long-term strategic readiness. Whereas the U.S. previously possessed a surplus of many critical minerals, unfortunately, bureaucracy, overregulation, and an ideological war on American mining have hollowed out the U.S.’s domestic stockpiles, all the while our adversaries have assumed commanding levels of control over global critical mineral supply chains.

During the Cold War, the U.S. maintained a surplus of 63 out of 75 key critical materials. By 2024, the U.S. was 100% net-import-reliant for 12 critical minerals and 50% or greater net-import-reliant for 29 critical minerals. H.J. Res. 140 clears the path for American industries to pursue mineral leasing and mining opportunities, providing the U.S. with a critical tool to reduce our reliance on imports and strengthen our domestic stockpiles and supply chains.

Reverses Regulatory Overreach

The second major component of H.J. Res. 140 is the restoration of legislative integrity by reversing a Biden-era Department of the Interior rule that was illegally enacted, without the notification to Congress required by law. Removing this rule through the CRA would prohibit a successive administration from taking a substantially similar action in the future without proper congressional authorization. By ensuring adherence to legislative due process, Congress can provide investors and businesses with a more predictable regulatory environment. Moreover, the original rule was submitted in the final days of the Biden Administration without proper procedural notification to Congress, thereby violating the CRA.

Conclusion

H.J. Res. 140 is a straightforward yet consequential resolution that reverses the Biden Administration’s actions, thereby stopping the development of reliable resources to safeguard America’s economic and national security. A secure and reliable supply of critical minerals is crucial for U.S. national security, manufacturing, and information technology. By unleashing the critical minerals found under the Superior National Forest, Congress can support the Trump Administration’s mandate to restore America’s domestic supply chains and support domestic manufacturers and mining industries.

Join The
Movement



By providing your information, you become a member of America First Policy Institute and consent to receive emails. By checking the opt in box, you consent to receive recurring SMS/MMS messages. Message and data rates may apply. Message frequency varies. Text STOP to opt-out or HELP for help. SMS opt in will not be sold, rented, or shared. View our Privacy Policy and Mobile Terms of Service.