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Committee debates helium and gas development bill amid concerns about tribal consultation, temporary permits and expedited rulemaking

2805806 · March 28, 2025
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Summary

Senate File 25-30, a bill to set a permitting and rulemaking framework for gas resource development (including helium), drew extensive testimony March 27 as lawmakers and stakeholders debated tribal consultation, temporary permits and whether the DNR should use expedited rulemaking.

Senate File 25-30, presented by Senator Robb Hochschild, would establish statutory authority and a permitting framework for gas resource development following last year’s discovery of helium in northern Minnesota. The bill aims to move certain rulemaking responsibilities and to create a process for temporary permits while the DNR and other agencies complete permanent rules.

Conservation advocates led by Aaron Lehi of the Minnesota Center for Environmental Advocacy told the committee they could not support the bill as drafted, citing unaddressed recommendations from the Gas Technical Advisory Committee (GTAC) and inadequate protections for tribal consultation, environmental review, permit terms, hazardous materials control and revenue sharing. Lehi urged that temporary permits issued before rulemaking be time-limited and that tribal governments be allowed to petition for contested-case hearings when they have responsibilities related to a proposal.

Senators and agency officials disputed several points. Senator Hochschild and Department of Natural Resources Director Joe Henderson said existing statutory language about oil is being reused to add gas but asserted there is no present path to an oil extraction permit. The DNR confirmed it had withdrawn a prior state‑park foraging rule component earlier in the hearing and said the gas rulemaking would follow the public rulemaking process if it moves forward.

A number of Republican senators unsuccessfully sought to limit expedited rulemaking and to add federal fraud‑fighting appointees or other constraints. The A9 amendment to require regular (rather than expedited) rulemaking failed on a roll call. An A11 amendment to make temporary permits expire in three years was offered then withdrawn. A10, an amendment to explicitly add tribal governments as eligible petitioners for contested‑case hearings, was defeated on a voice vote. Supporters of the bill said expedited rulemaking is needed to support economic development and job creation in the Iron Range region.

After debate, the committee recommended the bill be referred to the Health and Human Services Committee for further consideration. Critics urged additional statutory protections for tribal consultation, stronger temporary-permit time limits and explicit public‑engagement requirements; proponents cited regional economic opportunity and the need for a stable framework while permanent rules are developed.

The bill’s final shape will depend on further committee work, rule drafting and negotiations with tribal governments, conservation groups and industry.