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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 527 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 527

 To provide for a land exchange involving Federal land in the Superior 
 National Forest in Minnesota acquired by the Secretary of Agriculture 
             through the Weeks Law, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2019

   Mr. Stauber (for himself, Mr. Emmer, Mr. Peterson, Mr. Gosar, Mr. 
 Westerman, and Mr. Hagedorn) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To provide for a land exchange involving Federal land in the Superior 
 National Forest in Minnesota acquired by the Secretary of Agriculture 
             through the Weeks Law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Superior National 
Forest Land Exchange Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose and need for NorthMet Land Exchange.
Sec. 3. Definitions.
Sec. 4. NorthMet Land Exchange.
Sec. 5. Valuation of NorthMet Land Exchange.
Sec. 6. Maps and legal descriptions.
Sec. 7. Post-exchange land management.
Sec. 8. Miscellaneous provisions.

SEC. 2. PURPOSE AND NEED FOR NORTHMET LAND EXCHANGE.

    (a) Purpose.--It is the purpose of this Act to further the public 
interest by consummating the NorthMet Land Exchange as specifically set 
forth in this Act.
    (b) Need.--According to the Final Record of Decision, the NorthMet 
Land Exchange is advisable and needed because the NorthMet Land 
Exchange will--
            (1) result in a 40-acre net gain in National Forest System 
        lands;
            (2) improve the spatial arrangement of National Forest 
        System lands by reducing the amount of ownership boundaries to 
        be managed by 33 miles;
            (3) improve management effectiveness by exchanging isolated 
        Federal lands with no public overland access for non-Federal 
        lands that will have public overland access and be accessible 
        and open to public use and enjoyment;
            (4) result in Federal cost savings by eliminating certain 
        easements and their associated administration costs;
            (5) meet several of the priorities identified in the land 
        and resource management plan for Superior National Forest to 
        protect and manage administratively or congressionally 
        designated, unique, proposed, or recommended areas, including 
        acquisition of 307 acres of land to the administratively 
        proposed candidate Research Natural Areas, which are managed by 
        preserving and maintaining areas for ecological research, 
        observation, genetic conservation, monitoring, and educational 
        activities;
            (6) promote more effective land management that would meet 
        specific National Forest needs for management, including 
        acquisition of over 6,500 acres of land for new public access, 
        watershed protection, ecologically rare habitats, wetlands, 
        water frontage, and improved ownership patterns;
            (7) convey Federal land generally not needed for other 
        Forest resource management objectives, because such land is 
        adjacent to intensively developed private land including 
        ferrous mining areas, where abundant mining infrastructure and 
        transportation are already in place, including--
                    (A) a large, intensively developed open pit mine 
                lying directly to the north of the Federal land;
                    (B) a private mine railroad, powerlines, and roads 
                lying directly to the south of the Federal land; and
                    (C) already existing ore processing, milling, and 
                tailings facilities located approximately 5 miles to 
                the west of the Federal land; and
            (8) provide a practical resolution to complex issues 
        pertaining to the development of private mineral rights 
        underlying the Federal land surface, and thereby avoid 
        potential litigation which could adversely impact the status 
        and management of the Federal land and other National Forest 
        System land acquired under the authority of section 6 of the 
        Act of March 1, 1911 (commonly known as the Weeks Law; 16 
        U.S.C. 515).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Collection agreements.--The term ``Collection 
        Agreements'' means the following agreements between the 
        Secretary and PolyMet pertaining to the NorthMet Land Exchange:
                    (A) The agreement dated August 25, 2015.
                    (B) The agreement dated January 15, 2016.
            (2) Federal land parcel.--The term ``Federal land parcel'' 
        means all right, title, and interest of the United States in 
        and to approximately 6,650 acres of National Forest System 
        land, as identified in the Final Record of Decision, within the 
        Superior National Forest in St. Louis County, Minnesota, as 
        generally depicted on the map entitled ``Federal Land Parcel-
        NorthMet Land Exchange'', and dated June 2017.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        all right, title, and interest of PolyMet in and to 
        approximately 6,690 acres of land in four separate tracts 
        (comprising 10 separate land parcels in total) within the 
        Superior National Forest to be conveyed to the United States by 
        PolyMet in the land exchange as generally depicted on an 
        overview map entitled ``Non-Federal Land Parcels-NorthMet Land 
        Exchange'' and dated June 2017, and further depicted on 
        separate tract maps as follows:
                    (A) Tract 1.--Approximately 4,650 acres of land in 
                St. Louis County, Minnesota, generally depicted on the 
                map entitled ``Non-Federal Land Parcels-NorthMet Land 
                Exchange-Hay Lake Tract'', and dated June 28, 2018.
                    (B) Tract 2.--Approximately 320 acres of land in 4 
                separate parcels in Lake County, Minnesota, generally 
                depicted on the map entitled ``Non-Federal Land 
                Parcels-NorthMet Land Exchange-Lake County Lands'', and 
                dated June 28, 2018.
                    (C) Tract 3.--Approximately 1,560 acres of land in 
                4 separate parcels in Lake County, Minnesota, generally 
                depicted on the map entitled ``Non-Federal Land 
                Parcels-NorthMet Land Exchange-Wolf Lands'', and dated 
                June 2017.
                    (D) Tract 4.--Approximately 160 acres of land in 
                St. Louis County, Minnesota, generally depicted on the 
                map entitled ``Non-Federal Land Parcel-NorthMet Land 
                Exchange-Hunting Club Lands'', dated June 2017.
            (4) Northmet land exchange.--The term ``NorthMet Land 
        Exchange'' means the land exchange specifically authorized and 
        directed by section 4 of this Act.
            (5) Polymet.--The term ``PolyMet'' means PolyMet Mining 
        Corporation, Inc., a Minnesota Corporation with executive 
        offices in St. Paul, Minnesota, and headquarters in Hoyt Lakes, 
        Minnesota.
            (6) Record of decision.--The term ``Record of Decision'' 
        means the Final Record of Decision of the Forest Service issued 
        on January 9, 2017, approving the NorthMet Land exchange 
        between the United States and PolyMet Mining, Inc., a Minnesota 
        Corporation, involving National Forest System land in the 
        Superior National Forest in Minnesota.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) State.--The term ``State'' means the State of 
        Minnesota.

SEC. 4. NORTHMET LAND EXCHANGE.

    (a) Exchange Authorized and Directed.--
            (1) In general.--Subject to section 5(c)(1) and other 
        conditions imposed by this Act, if PolyMet offers to convey to 
        the United States all right, title, and interest of PolyMet in 
        and to the non-Federal land, the Secretary shall accept the 
        offer and convey to PolyMet all right, title, and interest of 
        the United States in and to the Federal land parcel.
            (2) Land exchange expedited.--Subject to the conditions 
        imposed by this Act, the NorthMet Land Exchange directed by 
        this Act shall be consummated not later than 90 days after the 
        date of enactment of this Act.
    (b) Form of Conveyance.--
            (1) Non-federal land.--Title to the non-Federal land 
        conveyed by PolyMet to the United States shall be by general 
        warranty deed subject to existing rights of record, and 
        otherwise conform to the title approval regulations of the 
        Attorney General of the United States.
            (2) Federal land parcel.--The Federal land parcel shall be 
        quitclaimed by the Secretary to PolyMet by an exchange deed.
    (c) Exchange Costs.--
            (1) Reimbursement required.--PolyMet shall pay or reimburse 
        the Secretary, either directly or through the Collection 
        Agreements, for all land survey, appraisal, land title, deed 
        preparation, and other costs incurred by the Secretary in 
        processing and consummating the NorthMet Land Exchange. The 
        Collection Agreements, as in effect on the date of the 
        enactment of this Act, may be modified through the mutual 
        consent of the parties.
            (2) Deposit of funds.--All funds paid or reimbursed to the 
        Secretary under paragraph (1)--
                    (A) shall be deposited and credited to the accounts 
                in accordance with the Collection Agreements;
                    (B) shall be used for the purposes specified for 
                the accounts; and
                    (C) shall remain available to the Secretary until 
                expended without further appropriation.
    (d) Conditions on Land Exchange.--
            (1) Reservation of certain mineral rights.--Notwithstanding 
        subsection (a), the United States shall reserve the mineral 
        rights on approximately 181 acres of the Federal land parcel as 
        generally identified on the map entitled ``Federal Land Parcel-
        NorthMet Land Exchange'', and dated June 2017.
            (2) Third-party authorizations.--As set forth in the Final 
        Record of Decision, PolyMet shall honor existing road and 
        transmission line authorizations on the Federal land parcel. 
        Upon relinquishment of the authorizations by the holders or 
        upon revocation of the authorizations by the Forest Service, 
        PolyMet shall offer replacement authorizations to the holders 
        on at least equivalent terms.

SEC. 5. VALUATION OF NORTHMET LAND EXCHANGE.

    (a) Appraisals.--The Congress makes the following new findings:
            (1) Appraisals of the Federal and non-Federal lands to be 
        exchanged in the NorthMet Land Exchange were formally prepared 
        in accordance with the Uniform Appraisal Standards for Federal 
        Land Acquisitions, and were approved by the Secretary in 
        conjunction with preparation of the November 2015 Draft Record 
        of Decision on the NorthMet Land Exchange.
            (2) The appraisals referred to in paragraph (1) determined 
        that the value of the non-Federal lands exceeded the value of 
        the Federal land parcel by approximately $425,000.
            (3) Based on the appraisals referred to in paragraph (1), 
        the United States would ordinarily be required to make a 
        $425,000 cash equalization payment to PolyMet to equalize 
        exchange values under the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1701 et seq.), unless such an 
        equalization payment is waived by PolyMet.
    (b) Values for Consummation of Land Exchange.--The appraised values 
of the Federal and non-Federal land determined and approved by the 
Secretary in November 2015, and referenced in subsection (a)--
            (1) shall be the values utilized to consummate the NorthMet 
        Land Exchange; and
            (2) shall not be subject to reappraisal.
    (c) Waiver of Equalization Payment.--
            (1) Condition on land exchange.--Notwithstanding section 
        206(b) of the Federal Land Policy and Management Act (43 U.S.C. 
        1716(b)), and as part of its offer to exchange the non-Federal 
        lands as provided in section 4(a)(1) of this Act, PolyMet shall 
        waive any payment to it of any monies owed by the United States 
        to equalize land values.
            (2) Treatment of waiver.--A waiver of the equalization 
        payment under paragraph (1) shall be considered as a voluntary 
        donation to the United States by PolyMet for all purposes of 
        law.

SEC. 6. MAPS AND LEGAL DESCRIPTIONS.

    (a) Minor Adjustments.--By mutual agreement, the Secretary and 
PolyMet may correct minor or typographical errors in any map, acreage 
estimate, or description of the Federal land parcel or non-Federal land 
to be exchanged in the NorthMet Land Exchange.
    (b) Conflict.--If there is a conflict between a map, an acreage 
estimate, or a description of land under this Act, the map shall 
control unless the Secretary and PolyMet mutually agree otherwise.
    (c) Exchange Maps.--The maps referred to in section 3 depicting the 
Federal and non-Federal lands to be exchanged in the NorthMet Land 
Exchange, and dated June 28 2018, depict the identical lands identified 
in the Final Record of Decision, which are on file in the Office of the 
Supervisor, Superior National Forest.

SEC. 7. POST-EXCHANGE LAND MANAGEMENT.

    (a) Non-Federal Land.--Upon conveyance of the non-Federal land to 
the United States in the NorthMet Land Exchange, the non-Federal land 
shall become part of the Superior National Forest and be managed in 
accordance with--
            (1) the Act of March 1, 1911 (commonly known as the Weeks 
        Law; 16 U.S.C. 500 et seq.); and
            (2) the laws and regulations applicable to the Superior 
        National Forest and the National Forest System.
    (b) Planning.--Upon acquisition by the United States in the 
NorthMet Land Exchange, the non-Federal lands shall be managed in a 
manner consistent with the land and resource management plan applicable 
to adjacent federally owned lands in the Superior National Forest. An 
amendment or supplement to the land and resource management plan shall 
not be required solely because of the acquisition of the non-Federal 
lands.
    (c) Federal Land.--Upon conveyance of the Federal land parcel to 
PolyMet in the NorthMet Land Exchange, the Federal land parcel shall 
become private land and available for any lawful use in accordance with 
applicable Federal, State, and local laws and regulations pertaining to 
mining and other uses of land in private ownership.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Withdrawal of Acquired Non-Federal Land.--The non-Federal lands 
acquired by the United States in the NorthMet Land Exchange shall be 
withdrawn, without further action by the Secretary, from appropriation 
and disposal under public land laws and under laws relating to mineral 
and geothermal leasing.
    (b) Withdrawal Revocation.--Any public land order that withdraws 
the Federal land parcel from appropriation or disposal under a public 
land law shall be revoked without further action by the Secretary to 
the extent necessary to permit conveyance of the Federal land parcel to 
PolyMet.
    (c) Withdrawal of Federal Land Pending Conveyance.--The Federal 
land parcel to be conveyed to PolyMet in the NorthMet Land Exchange, if 
not already withdrawn or segregated from appropriation or disposal 
under the mineral leasing and geothermal or other public land laws upon 
enactment of this Act, is hereby so withdrawn, subject to valid 
existing rights, until the date of conveyance of the Federal land 
parcel to PolyMet.
    (d) Act Controls.--In the event any provision of the Record of 
Decision conflicts with a provision of this Act, the provision of this 
Act shall control.
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