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Union Calendar No. 473 

112TH CONGRESS 

2D SESSION H. R. 5544 

[Report No. 112–655] 

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 

SEPTEMBER 10, 2012 

Additional sponsor: Mr. KLINE

SEPTEMBER 10, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 8, 2012] 


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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. 


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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 findings: 

10 (1) The State of Minnesota owns multiple par11 cels of land in the Boundary Waters Canoe Area Wil12 derness in the Superior National Forest that were 

13 granted to the State through sections 16 and 36 of the 

14 Enabling Act of 1857 to be held in trust for the ben15 efit of the public school system in the State (in this 

16 section referred to as ‘‘State trust lands’’). 

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

18 State long before the establishment of either the Na19 tional Forest System or the wilderness area and are 

20 scattered in a largely checkerboard fashion amid the 

21 Superior National Forest and the wilderness area. 

22 (3) The presence of State trust lands in the wil23 derness area makes land and resource management in 

24 the wilderness area more difficult, costly, and con25 troversial for the United States and the State. 


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1 (4) Although the State trust lands were granted 

2 to the State to generate financial support for the pub3 lic school system through the sale or development of 

4 natural resources, development of those resources in 

5 the wilderness area may be incompatible with man6 aging the wilderness area for recreational, natural, 

7 and conservation purposes. 

8 (5) The United States owns land and interests in 

9 land in other parts of the State that can be trans10 ferred to the State in exchange for the State trust 

11 lands without jeopardizing Federal management ob12 jectives or needs. 

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

14 terms that are fair to the United States and the 

15 State, National Forest System land in the State that 

16 has limited recreational and conservation resources 

17 for State trust lands located in the wilderness area 

18 with important recreational, scenic, and conservation 

19 resources for permanent public management and use. 

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

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

22 on April 27, 2012, the Governor of Minnesota ap23 proved) S.F No. 1750 (Chapter 236), section 4 of 

24 which adds section 92.80 to the Minnesota Statutes to 

25 expedite the exchange of a portion of the State trust 


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1 lands located within the Boundary Waters Canoe 

2 Area Wilderness. 

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

4 Agriculture shall consummate a land exchange with the 

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

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

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

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

9 trust lands identified as provided in such section in ex10 change for all right, title, and interest of the United States 

11 in and to National Forest System land in the State for in12 clusion in the State trust lands. 

13 (c) VALUATION OF LANDS FOR EXCHANGE.—Subdivi14 sion 4 of section 4 of S.F No. 1750 (Chapter 236) of the 

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

16 Minnesota Statutes) shall control for purposes of the exam17 ination and value determination of the lands to be ex18 changed. 

19 (d) SURVEY AND ADMINISTRATIVE COSTS.—The exact 

20 acreage and legal description of the land to be exchanged 

21 under subsection (b) shall be determined by a survey satis22 factory to the Secretary. The State of Minnesota shall be 

23 responsible for the costs of the survey and all other adminis24 trative costs related to the land exchange. 


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1 (e) BOUNDARIES AND MANAGEMENT OF ACQUIRED

2 LAND.— 

3 (1) LAND ACQUIRED BY SECRETARY.— 

4 (A) IN GENERAL.—The land acquired by the 

5 Secretary under subsection (b) shall be added to 

6 and administered as part of the Boundary 

7 Waters Canoe Area Wilderness established pursu8 ant to section 3 of the Wilderness Act (16 U.S.C. 

9 1132(a)), and the Secretary shall modify the 

10 boundaries of the wilderness area to reflect inclu11 sion of the acquired lands. Subject to subpara12 graph (B), the land acquired by the Secretary 

13 shall be managed in accordance with the Wilder14 ness Act (16 U.S.C. 1131 et seq.) and other laws 

15 and regulations applicable to the National Wil16 derness Preservation System. 

17 (B) NO EFFECT ON EXISTING FISHING AND

18 HUNTING RIGHTS.—The acquisition of land by 

19 the United States under subsection (b) and in20 clusion of the land in the Boundary Waters 

21 Canoe Area Wilderness shall not alter or other22 wise affect— 

23 (i) any fishing and hunting rights in 

24 existence with respect to the land immeVerDate Mar 15 2010 22:02 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5544.RH H5544

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1 diately before the conveyance of the land to 

2 the United States; or 

3 (ii) the use of such rights after convey4 ance. 

5 (2) LAND ACQUIRED BY STATE.—The land ac6 quired by the State of Minnesota under subsection (b) 

7 shall be deemed to be State trust lands and shall be 

8 held in trust for the benefit of the public school system 

9 in the State. It is the sense of Congress that, whenever 

10 the land acquired by the State of Minnesota under 

11 subsection (b) is not being used for revenue-generating 

12 activities, the State should make the land available 

13 for other compatible uses, including hunting, fishing, 

14 hiking, biking, snowmobiling, and trail riding. 

15 (3) BOUNDARIES OF SUPERIOR NATIONAL FOR16 EST.—The Secretary shall modify the boundaries of 

17 the Superior National Forest to reflect the land ex18 change conducted under this section. 

19 (f) RELATION TO OTHER LAWS.— 

20 (1) LAND AND WATER CONSERVATION FUND

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

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

23 460l–9), the boundaries of the Superior National For24 est, as modified by subsection (e)(3), shall be considVerDate Mar 15 2010 22:02 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H5544.RH H5544

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1 ered to be boundaries of the Superior National Forest 

2 as of January 1, 1965. 

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

4 exchange conducted under this section shall not be 

5 considered to be a major Federal action. 

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

7 land exchange described in subsection (b) does not affect any 

8 land exchange involving National Forest System land in 

9 the State of Minnesota underway as of the date of the enact10 ment of this Act. 

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

12 land exchange described in subsection (b) before the end of 

13 the 18-month period beginning on the date of the enactment 

14 of this Act, the Secretary shall submit to Congress, not later 

15 than 30 days after the end of such period, a report— 

16 (1) specifying the reasons why the exchange has 

17 not been completed; and 

18 (2) stating the date by which the Secretary an19 ticipates the conveyance will be completed. 


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Union Calendar No. 473 

112TH CONGRESS 

2D SESSION H. R. 5544 

[Report No. 112–655] 

A BILL 

To authorize and expedite a land exchange involvfor other purposes. reational, scenic, and conservation resources, and Canoe Area Wilderness and have important rec- erboard fashion within the Boundary Waters school system that are largely scattered in check- the State of Minnesota in trust for the public and conservation resources and lands owned by State of Minnesota that has limited recreational certain other National Forest System land in the tian District of the Superior National Forest and ing National Forest System land in the LaurenSEPTEMBER 10, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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