The public has been invited to comment on the final environmental impact statement (EIS) on the proposed PolyMet copper-nickel mine south of Babbit, in northeastern Minnesota.

The report, which can be downloaded from the Minnesota Department of Natural Resources website is fairly huge – 263 MB, 3,576 pages; the chapter on environmental consequences from what is known officially as the NorthMet Mining Project and Land Exchange is 812 pages. There also is a 60-page executive summary available.

The summary document features some fairly impenetrable technical language; and the Minnesota Ojibwe bands that were designated as “cooperating agencies” in the environmental review process, which has been rolling along for the past 11 years, were mainly shut out of the NorthMet Final EIS, according to Nancy Schuldt, water protection coordinator for the Fond du Lac Band of Lake Superior Chippewa.

Fond du Lac, along with the Bois Forte and Grand Portage bands, has been involved in the NorthMet mining project review, since the mine area and land exchange parcels are located within the 1854 Treaty Ceded Territory. The Ojibwe bands ceded these lands to the U.S. government in the 19th century, but reserved hunting, fishing and gathering rights. The Ojibwe bands have a federally-recognized interest in maintaining the health of the land and water for the survival of their future generations. Generally, the Indian bands have been concerned that sulfide mining, a new industry proposed for Minnesota, poses a serious environmental threat. The pollution of wild rice waters is just one of the possible adverse consequences from mining.

Getting back to the NorthMet Mining Project Final EIS, Nancy Schuldt told me that “there aren’t going to be any public hearings, and at this point we don’t apparently have any more public standing than the general public.”

Schuldt pointed out that there have been additional tribal scientific analyses done to support “our positions of dissent about what’s been presented for this project, and the co-lead agencies declined to include those in the [Final] EIS.” She added that both the Draft EIS, in 2009, and the Supplemental Draft EIS, in 2013, included footnotes and appendices detailing the tribal research – “supporting information” – and “major differences of opinion.”

However, the co-lead agencies responsible for the NorthMet Final EIS – the Minnesota DNR, U.S. Army Corps of Engineers and the U.S. Forest Service – “didn’t allow us to elaborate and add any new information or supporting evidence, or even present our perspective on whether those major differences of opinion still remained, or were there some more… which there are,” said Schuldt.

She said that the only nod to the Ojibwe bands, the so-called “cooperating agencies,” was allowing them to see the preliminary version of the Final EIS this past summer.

After the Minnesota DNR approves the EIS adequacy for the NorthMet project, the operators still have to obtain a variety of permits before they can start digging for ore. The U.S. Forest Service and the U.S. Army Corps of Engineers also have to issue decisions on the project.

Minnesota Gov. Mark Dayton, who has professed a neutral position on the proposed copper-nickel mine, recently toured what was characterized as a bad mine, the Gilt Edge gold mine in South Dakota’s Black Hills, which is now a Superfund site, and a good mine, the Eagle Mine, an underground copper-nickel mine in Michigan’s Upper Peninsula.

Nancy Schuldt mentioned that Keweenaw Bay Indian Community officials wanted to meet with Dayton when he visited the UP, but the governor did not take the meeting.

“Subsequently, [Dayton] had his commissioners, the DNR and MPCA commissioners, and his mining liaison… he had them conference with the Keweenaw Bay Indian Community to talk about the tribe’s experience with that mine.”

After the consultation with the Keweenaw Bay leaders, according to Schuldt, the Michigan tribe sent a message back to Gov. Dayton and his commissioners suggesting that they also reach out to the tribal cooperating agencies with the PolyMet project.

Dayton has expressed his view that PolyMet Mining must provide adequate financial assurance to cover reclamation costs before a Permit to Mine is issued. And in November, Dayton discussed the need for the state Health Department to conduct a review of health risks from the proposed NorthMet project.

Perhaps Gov. Dayton also should invite concerned officials from Fond du Lac, Bois Forte and Grand Portage to a meeting in St. Paul.

“We are a constituency of the governor’s that he has completely declined to engage with over this project,” said Schuldt, regarding the Indian bands that are being sidelined as the PolyMet project gains traction.