SF3916 (Legislative Session 94 (2025-2026))

Wild rice risk justification before authorizing certain activities requirement provision

Related bill: HF3897

AI Generated Summary

Purpose

Outline the goal of the bill: to protect wild rice by requiring a formal wild rice risk justification before agencies can issue permits or approvals that could affect wild rice waters.

Key Definitions (overview)

  • Wild rice water: any body of water that supports or could support wild rice, as listed or identified by the Minnesota Pollution Control Agency (MPCA) or the Department of Natural Resources (DNR), including waters that lie within or abut and flow into Indian country (per 18 U.S.C. 1151) or as identified using a 2025 appropriation.
  • Wild rice risk justification: a document that identifies and explains potential risks to wild rice waters and justifies those risks.
  • Agency: any state department/agency, board, commission, or other government entity, plus local political subdivisions.

Findings (context)

  • Wild rice is a nutrient-rich natural food source historically harvested in Minnesota.
  • It is sacred to many Indigenous people and central to their cultural identity.
  • It grows in clean, shallow water and does not require harmful pesticides or fertilizers.
  • Wild rice supports rural economies, ecotourism, and local jobs.
  • It helps prevent toxic algae blooms, absorbs carbon dioxide, provides fish habitat, and stabilizes lake beds.
  • Protecting wild rice also safeguards Tribal food security and upholds Tribal treaty rights.

How the bill changes law (significant changes)

  • Adds a new requirement to Minnesota Statutes Chapter 84: before an agency can issue a permit, license, or other approval for an activity in a wild rice water or place likely to affect one, the agency must prepare a wild rice risk justification.

Requirements of the wild rice risk justification (what must be included)

1) Identify all wild rice waters potentially threatened by the proposed activity and describe them in detail. 2) Identify all risky scenarios, estimate how likely each scenario is, and describe the scale of potential damage to the waters. 3) Explain how the public need for the proposed activity justifies the risk to wild rice waters.

Public involvement and Tribal consultation (process)

  • The agency must release a draft wild rice risk justification for a minimum 30-day public comment period.
  • The agency must respond in writing to all substantive comments before making a final decision.
  • If 100 or more residents or property owners request a public hearing during the comment period, the agency must hold a hearing near the affected wild rice water.
  • The agency must share the draft with Minnesota Tribal governments and engage in consultation with any Tribal government that requests it.
  • The final wild rice risk justification must be published in the State Register and posted on the agency’s website. Publishing the final document is considered the final agency decision.

Impact and implications (what this means in practice)

  • Strengthens protection for wild rice waters by adding a formal risk assessment and public-tribal input step to permitting.
  • Potentially extends timelines for certain permits and increases transparency in decisions that affect wild rice and tribal rights.

Relevant Terms - wild rice - wild rice water - wild rice risk justification - agency - MPCA (Minnesota Pollution Control Agency) - DNR (Department of Natural Resources) - Indian country (18 U.S.C. 1151) - public comment - tribal consultation - State Register - permit/license/approval - risk scenarios - likelihood - scale of damage - public need - findings (sacred to Indigenous people, cultural identity, ecotourism, ecological benefits) - protective goals (prevent toxic algae blooms, carbon sequestration, fish habitat, lake bed stabilization) - Minnesota Statutes Chapter 84

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 26, 2026SenateActionIntroduction and first reading
February 26, 2026SenateActionReferred toEnvironment, Climate, and Legacy

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References federal law (United States Code, Title 18, §1151) to define 'Indian country' for purposes of wild rice waters.",
      "modified": []
    },
    "citation": "18 U.S.C. § 1151",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cites Minnesota Statutes § 10.65 (Tribal governments) to require tribal government consultation.",
      "modified": []
    },
    "citation": "Minn. Stat. § 10.65",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cites Minnesota Statutes § 115.05, subdivision 11, in relation to final agency decisions under environmental provisions.",
      "modified": []
    },
    "citation": "Minn. Stat. § 115.05",
    "subdivision": "subdivision 11"
  }
]

Progress through the legislative process

17%
In Committee
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