I 

112TH CONGRESS 

2D SESSION H. R. 5544 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2012 

Mr. CRAVAACK introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

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. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 5544 IH

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 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 5544 IH

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 

25 on April 27, 2012, the Governor of Minnesota apVerDate Mar 15 2010 00:32 May 12, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5544.IH H5544

tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 5544 IH

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 (8) The land exchange described in subsection 

7 (b) should be consummated within one year after the 

8 date of the enactment of this Act. 

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

10 Agriculture shall consummate a land exchange with the 

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

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

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

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

15 State trust lands identified as provided in such section in 

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

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

18 for inclusion in the State trust lands. 

19 (c) VALUATION OF LANDS FOR EXCHANGE.—Sub20 division 4 of section 4 of S.F No. 1750 (Chapter 236) 

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

22 of the Minnesota Statutes) shall control for purposes of 

23 the examination and value determination of the lands to 

24 be exchanged. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 5544 IH

1 (d) SURVEY AND ADMINISTRATIVE COSTS.—The 

2 exact acreage and legal description of the land to be ex3 changed under subsection (b) shall be determined by a 

4 survey satisfactory to the Secretary. The State of Min5 nesota shall be responsible for the costs of the survey and 

6 all other administrative costs related to the land exchange. 

7 (e) BOUNDARIES AND MANAGEMENT OF ACQUIRED

8 LAND.— 

9 (1) LAND ACQUIRED BY SECRETARY.— 

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

11 the Secretary under subsection (b) shall be 

12 added to and administered as part of the 

13 Boundary Waters Canoe Area Wilderness estab14 lished pursuant to section 3 of the Wilderness 

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

16 shall modify the boundaries of the wilderness 

17 area to reflect inclusion of the acquired lands. 

18 Subject to subparagraph (B), the land acquired 

19 by the Secretary shall be managed in accord20 ance with the Wilderness Act (16 U.S.C. 1131 

21 et seq.) and other laws and regulations applica22 ble to the National Wilderness Preservation 

23 System. 

24 (B) NO AFFECT ON EXISTING FISHING

25 AND HUNTING RIGHTS.—The acquisition of 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 5544 IH

1 land by the United States under subsection (b) 

2 and inclusion of the land in the Boundary 

3 Waters Canoe Area Wilderness shall not alter 

4 or otherwise affect— 

5 (i) any fishing and hunting rights in 

6 existence with respect to the land imme7 diately before the conveyance of the land to 

8 the United States; or 

9 (ii) the use of such rights after con10 veyance. 

11 (2) LAND ACQUIRED BY STATE.—The land ac12 quired by the State of Minnesota under subsection 

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

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

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

16 whenever the land acquired by the State of Min17 nesota under subsection (b) is not being used for 

18 revenue-generating activities, the State should make 

19 the land available for other compatible uses, includ20 ing hunting, fishing, hiking, biking, snowmobiling, 

21 and trail riding. 

22 (3) BOUNDARIES OF SUPERIOR NATIONAL FOR23 EST.—The Secretary shall modify the boundaries of 

24 the Superior National Forest to reflect the land ex25 change conducted under this section. 


tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 5544 IH

1 (f) RELATION TO OTHER LAWS.— 

2 (1) LAND AND WATER CONSERVATION FUND

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

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

5 460l–9), the boundaries of the Superior National 

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

7 considered to be boundaries of the Superior National 

8 Forest as of January 1, 1965. 

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

10 exchange conducted under this section shall not be 

11 considered to be a major Federal action. 

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

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

14 any land exchange involving National Forest System land 

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

16 enactment of this Act. 

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

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

19 of the one-year period beginning on the date of the enact20 ment of this Act, the Secretary shall submit to Congress, 

21 not later than 30 days after the end of such period, a re22 port— 

23 (1) specifying the reasons why the exchange has 

24 not been completed; and 


tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 5544 IH

1 (2) stating the date by which the Secretary an2 ticipates the conveyance will be completed. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS