IIB 

112TH CONGRESS 

2D SESSION H. R. 5544 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2012 

Received; read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

AN ACT 

To authorize and expedite a land exchange involving National 

Forest System land in the Laurentian District of the 

Superior National Forest and certain other National Forest System land in the State of Minnesota that has 

limited recreational and conservation resources and lands 

owned by the State of Minnesota in trust for the public 

school system that are largely scattered in checkerboard 

fashion within the Boundary Waters Canoe Area Wilderness and have important recreational, scenic, and conservation resources, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Minnesota Education 

5 Investment and Employment Act’’. 

6 SEC. 2. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA 

7 WILDERNESS AND SUPERIOR NATIONAL FOR8 EST, MINNESOTA. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The State of Minnesota owns multiple par12 cels of land in the Boundary Waters Canoe Area 

13 Wilderness in the Superior National Forest that 

14 were granted to the State through sections 16 and 

15 36 of the Enabling Act of 1857 to be held in trust 

16 for the benefit of the public school system in the 

17 State (in this section referred to as ‘‘State trust 

18 lands’’). 

19 (2) The State trust lands were acquired by the 

20 State long before the establishment of either the Na21 tional Forest System or the wilderness area and are 

22 scattered in a largely checkerboard fashion amid the 

23 Superior National Forest and the wilderness area. 

24 (3) The presence of State trust lands in the wil25 derness area makes land and resource management 


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1 in the wilderness area more difficult, costly, and con2 troversial for the United States and the State. 

3 (4) Although the State trust lands were granted 

4 to the State to generate financial support for the 

5 public school system through the sale or development 

6 of natural resources, development of those resources 

7 in the wilderness area may be incompatible with 

8 managing the wilderness area for recreational, nat9 ural, and conservation purposes. 

10 (5) The United States owns land and interests 

11 in land in other parts of the State that can be trans12 ferred to the State in exchange for the State trust 

13 lands without jeopardizing Federal management ob14 jectives or needs. 

15 (6) It is in the public interest to exchange, on 

16 terms that are fair to the United States and the 

17 State, National Forest System land in the State that 

18 has limited recreational and conservation resources 

19 for State trust lands located in the wilderness area 

20 with important recreational, scenic, and conservation 

21 resources for permanent public management and 

22 use. 

23 (7) The Legislature of the State of Minnesota, 

24 meeting in its 87th Legislative Session, passed (and 

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1 proved) S.F No. 1750 (Chapter 236), section 4 of 

2 which adds section 92.80 to the Minnesota Statutes 

3 to expedite the exchange of a portion of the State 

4 trust lands located within the Boundary Waters 

5 Canoe Area Wilderness. 

6 (b) LAND EXCHANGE REQUIRED.—The Secretary of 

7 Agriculture shall consummate a land exchange with the 

8 State of Minnesota pursuant to section 4 of S.F No. 1750 

9 (Chapter 236) of the Legislature of the State of Minnesota 

10 (section 92.80 of the Minnesota Statutes) to acquire all 

11 right, title, and interest of the State in and to certain 

12 State trust lands identified as provided in such section in 

13 exchange for all right, title, and interest of the United 

14 States in and to National Forest System land in the State 

15 for inclusion in the State trust lands. 

16 (c) VALUATION OF LANDS FOR EXCHANGE.—Sub17 division 4 of section 4 of S.F No. 1750 (Chapter 236) 

18 of the Legislature of the State of Minnesota (section 92.80 

19 of the Minnesota Statutes) shall control for purposes of 

20 the examination and value determination of the lands to 

21 be exchanged. 

22 (d) SURVEY AND ADMINISTRATIVE COSTS.—The 

23 exact acreage and legal description of the land to be ex24 changed under subsection (b) shall be determined by a 

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1 nesota shall be responsible for the costs of the survey and 

2 all other administrative costs related to the land exchange. 

3 (e) BOUNDARIES AND MANAGEMENT OF ACQUIRED

4 LAND.— 

5 (1) LAND ACQUIRED BY SECRETARY.— 

6 (A) IN GENERAL.—The land acquired by 

7 the Secretary under subsection (b) shall be 

8 added to and administered as part of the 

9 Boundary Waters Canoe Area Wilderness estab10 lished pursuant to section 3 of the Wilderness 

11 Act (16 U.S.C. 1132(a)), and the Secretary 

12 shall modify the boundaries of the wilderness 

13 area to reflect inclusion of the acquired lands. 

14 Subject to subparagraph (B), the land acquired 

15 by the Secretary shall be managed in accord16 ance with the Wilderness Act (16 U.S.C. 1131 

17 et seq.) and other laws and regulations applica18 ble to the National Wilderness Preservation 

19 System. 

20 (B) NO EFFECT ON EXISTING FISHING

21 AND HUNTING RIGHTS.—The acquisition of 

22 land by the United States under subsection (b) 

23 and inclusion of the land in the Boundary 

24 Waters Canoe Area Wilderness shall not alter 

25 or otherwise affect— 


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1 (i) any fishing and hunting rights in 

2 existence with respect to the land imme3 diately before the conveyance of the land to 

4 the United States; or 

5 (ii) the use of such rights after con6 veyance. 

7 (2) LAND ACQUIRED BY STATE.—The land ac8 quired by the State of Minnesota under subsection 

9 (b) shall be deemed to be State trust lands and shall 

10 be held in trust for the benefit of the public school 

11 system in the State. It is the sense of Congress that, 

12 whenever the land acquired by the State of Min13 nesota under subsection (b) is not being used for 

14 revenue-generating activities, the State should make 

15 the land available for other compatible uses, includ16 ing hunting, fishing, hiking, biking, snowmobiling, 

17 and trail riding. 

18 (3) BOUNDARIES OF SUPERIOR NATIONAL FOR19 EST.—The Secretary shall modify the boundaries of 

20 the Superior National Forest to reflect the land ex21 change conducted under this section. 

22 (f) RELATION TO OTHER LAWS.— 

23 (1) LAND AND WATER CONSERVATION FUND

24 ACT.—For purposes of section 7 of the Land and 

25 Water Conservation Fund Act of 1965 (16 U.S.C. 


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1 460l–9), the boundaries of the Superior National 

2 Forest, as modified by subsection (e)(3), shall be 

3 considered to be boundaries of the Superior National 

4 Forest as of January 1, 1965. 

5 (2) NOT A MAJOR FEDERAL ACTION.—The land 

6 exchange conducted under this section shall not be 

7 considered to be a major Federal action. 

8 (3) THYE-BLATNIK ACT.—The Secretary shall 

9 not take into consideration the lands acquired by the 

10 United States under this Act in determining the ap11 praised value of National Forest System lands in the 

12 State of Minnesota used for purposes of making 

13 payments to the State of Minnesota under the Act 

14 of June 22, 1948, and the Act of June 22, 1956 

15 (commonly known as the Thye-Blatnik Act and 

16 Humphrey-Thye-Blatnik-Andresen Act; 16 U.S.C. 

17 577c through 577h). 

18 (g) NO IMPACT ON OTHER LAND EXCHANGES.—The 

19 land exchange described in subsection (b) does not affect 

20 any land exchange involving National Forest System land 

21 in the State of Minnesota underway as of the date of the 

22 enactment of this Act. 

23 (h) REPORT.—If the Secretary fails to complete the 

24 land exchange described in subsection (b) before the end 

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1 ment of this Act, the Secretary shall submit to Congress, 

2 not later than 30 days after the end of such period, a re3 port— 

4 (1) specifying the reasons why the exchange has 

5 not been completed; and 

6 (2) stating the date by which the Secretary an7 ticipates the conveyance will be completed. 

Passed the House of Representatives September 12, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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