I 
110TH CONGRESS 
1ST SESSION H. R. 4292 
To authorize the sale of certain National Forest System lands in the Superior 
National Forest in Minnesota. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2007 
Mr. OBERSTAR introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committees on Natural Re-
sources, Energy and Commerce, and Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To authorize the sale of certain National Forest System 
lands in the Superior National Forest in Minnesota. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Superior National For-
est Land Adjustment Act of 2007’’. 
SEC. 2. FINDINGS AND DEFINITIONS. 
(a) FINDINGS.—The Congress finds the following: 
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(1) Fragmentation of property rights on certain 
lands within and adjacent to the Superior National 
Forest in Minnesota hampers the ability of private 
mineral owners to utilize their mineral rights and 
the ability of the Forest Service to manage associ-
ated forested areas. 
(2) The United States primarily owns the sur-
face rights in the lands described in section 3, sub-
ject to reserved and outstanding mineral rights. 
(3) The public interest in selling the federally 
owned lands described in section 3 outweighs the in-
terest served by maintaining such lands under Fed-
eral ownership. 
(4) The sale of some Federal surface and sub-
surface rights in lands under this Act will facilitate 
mining in the areas described in section 3, improving 
the economy of the United States by providing em-
ployment and needed mineral resources. 
(5) Minnesota and the Army Corps of Engi-
neers, in cooperation with the Forest Service, are 
preparing an environmental impact statement for 
proposed mining operations by Poly Met Mining, 
Inc., on and adjacent to the lands authorized for 
conveyance by this Act, and the scope of the envi-
ronmental impact statement is more fully described 
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in a Federal Register notice dated July 1, 2005 (70 
Fed. Reg. 38122). 
(6) Proceeds from the sale of lands authorized 
by this Act will be used by the Forest Service to 
purchase desirable private inholdings within and ad-
jacent to the Superior National Forest. 
(b) DEFINITIONS.—In this Act: 
(1) The term ‘‘lands’’ includes interests in 
lands. 
(2) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(3) The term ‘‘surface mining’’ means the exca-
vation of lands for the purposes of obtaining min-
erals, including excavation methods such as contour, 
strip, auger, open pit, and area mining. 
SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NA-
TIONAL FOREST, MINNESOTA. 
(a) CONVEYANCE AUTHORITY.—The Secretary of 
Agriculture may sell any or all right, title, and interest 
of the United States in and to the lands within the Supe-
rior National Forest in Minnesota described in subsection 
(b). 
(b) LANDS AUTHORIZED FOR CONVEYANCE.— 
(1) LANDS DESCRIBED.—The federally owned 
lands subject to sale under this Act are certain lands 
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Forest Supervisor, Superior National Forest, until 
such time as the lands are conveyed. 
(3) MODIFICATION OF BOUNDARIES.—The Sec-
retary may modify the boundaries of the lands de-
scribed in paragraph (1) based on factors such as 
buffers and other land management considerations. 
(c) FORM OF CONVEYANCE.—The lands sold under 
this Act shall be conveyed by quitclaim deed executed by 
the Forest Service, Eastern Region, Director of Air, Soil, 
Water, Lands, and Minerals. The Secretary may reserve 
such rights-of-way or other rights or interests in the lands 
as the Secretary considers necessary for future manage-
ment purposes or is otherwise in the public interest. 
(d) VALUATION.—Any appraisal of the lands to be 
sold under this Act shall conform to the Uniform Ap-
praisal Standards for Federal Land Acquisitions, and the 
appraisal shall be subject to the approval of the Secretary. 
For purposes of appraisal, the lands authorized for con-
veyance under this Act include the right of the surface 
owner to allow or deny all forms of surface mining. 
(e) CONSIDERATION.—Consideration for a sale of 
lands under this Act shall be in an amount not less than 
the appraised market value. 
(f) METHOD OF SALE.—The Secretary may sell lands 
described in subsection (b) at public or private sale, in-
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cluding competitive sale by auction, bid, or otherwise, in 
accordance with such terms, conditions, and procedures as 
the Secretary determines are in the best interests of the 
United States, subject to the following: 
(1) The Secretary shall first offer the sale of 
such lands for consideration at the appraised market 
value to Poly Met Mining, Inc., a Minnesota cor-
poration, which shall have 90 days from the date of 
the offer during which to contract for the purchase 
of such lands. 
(2) During the 90 days period referred to in 
paragraph (1), the Secretary shall not offer to sell 
such lands to any party other than Poly Met Mining, 
Inc. 
(3) In the offer under paragraph (1), the Sec-
retary shall require Poly Met Mining, Inc., to cover 
the reasonable costs of survey, appraisal, and other 
expenditures directly associated with the proposed 
sale. 
(4) The Secretary may reject any counteroffer 
made by Poly Met Mining, Inc., in response to the 
offer of the Secretary under paragraph (1) if the 
Secretary determines that the counteroffer is inad-
equate or is not in the public interest. 
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(g) BROKERS.—The Secretary may utilize brokers or 
other third parties in the disposition of the lands author-
ized by this Act and, from the proceeds of a sale, may 
pay reasonable commissions or fees. 
SEC. 4. TREATMENT OF PROCEEDS. 
(a) DEPOSIT.—The Secretary shall deposit the pro-
ceeds of a sale authorized by this Act in the fund estab-
lished by Public Law 90–171 (commonly known as the 
Sisk Act; 16 U.S.C. 484a). 
(b) AVAILABILITY.—Amounts deposited under sub-
section (a) shall be available to the Secretary until ex-
pended, without further appropriation, for the acquisition 
of lands within and adjacent to the Superior National For-
est. 
SEC. 5. MISCELLANEOUS PROVISIONS. 
(a) WETLANDS OFFSET.—For purposes of compli-
ance with Executive Order 11990 (May 24, 1977; 42 Fed. 
Reg. 26961) and Executive Order 11988 (May 24, 1977; 
42 Fed. Reg. 26951), the Secretary shall offset the loss 
of wetlands from any sale under this Act by the acquisition 
of wetlands within and adjacent to the Superior National 
Forest within ten years after the date of the final convey-
ance of lands under this Act. 
(b) ENVIRONMENTAL ANALYSIS REQUIREMENT.— 
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(1) For conveyances authorized by this Act, the 
Secretary shall assume that the future use of the 
lands so conveyed will be for surface mining. 
(2) For conveyances authorized by this Act, the 
ongoing preparation of an environmental impact 
statement by the Army Corps of Engineers ref-
erenced in section 2(a)(5) shall be considered suffi-
cient disclosure and documentation of environmental 
effects as required by the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
regulations promulgated thereunder. 
(3) Conveyances authorized under this Act shall 
not be delayed pending completion of the environ-
mental impact statement referenced in section 
2(a)(5). 
(c) INAPPLICABLE LAW.—Section 120(h) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9620(h)) shall not 
apply to the conveyances authorized by this Act. 
(d) ADMINISTRATIVE APPEAL.—There shall be no 
administrative appeal for any actions taken by the Sec-
retary in furtherance of the sales authorized by this Act. 
(e) DEADLINE FOR SALE OF LANDS.—To the extent 
practicable, the sale of lands authorized by this Act shall 
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be completed within 180 days after the enactment of this 
Act. 
Æ 
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