I 
116TH CONGRESS 
1ST SESSION 
H. R. 527 
To provide for a land exchange involving Federal land in the Superior Na-
tional 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 Representa-
tives 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. 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
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 EX-
CHANGE. 
(a) PURPOSE.—It is the purpose of this Act to fur-
ther the public interest by consummating the NorthMet 
Land Exchange as specifically set forth in this Act. 
(b) NEED.—According to the Final Record of Deci-
sion, the NorthMet Land Exchange is advisable and need-
ed 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 Na-
tional Forest System lands by reducing the amount 
of ownership boundaries to be managed by 33 miles; 
(3) improve management effectiveness by ex-
changing isolated Federal lands with no public over-
land access for non-Federal lands that will have pub-
lic 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 administra-
tion costs; 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(5) meet several of the priorities identified in 
the land and resource management plan for Superior 
National Forest to protect and manage administra-
tively or congressionally designated, unique, pro-
posed, or recommended areas, including acquisition 
of 307 acres of land to the administratively proposed 
candidate Research Natural Areas, which are man-
aged by preserving and maintaining areas for eco-
logical 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 pro-
tection, 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 devel-
oped private land including ferrous mining areas, 
where abundant mining infrastructure and transpor-
tation are already in place, including— 
(A) a large, intensively developed open pit 
mine lying directly to the north of the Federal 
land; 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(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 min-
eral rights underlying the Federal land surface, and 
thereby avoid potential litigation which could ad-
versely 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 agree-
ments 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. 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(6) RECORD OF DECISION.—The term ‘‘Record 
of Decision’’ means the Final Record of Decision of 
the Forest Service issued on January 9, 2017, ap-
proving the NorthMet Land exchange between the 
United States and PolyMet Mining, Inc., a Min-
nesota Corporation, involving National Forest Sys-
tem land in the Superior National Forest in Min-
nesota. 
(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 con-
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
summated 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 Gen-
eral 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 re-
imbursed to the Secretary under paragraph (1)— 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(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 ap-
proximately 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 authoriza-
tions on the Federal land parcel. Upon relinquish-
ment of the authorizations by the holders or upon 
revocation of the authorizations by the Forest Serv-
ice, PolyMet shall offer replacement authorizations 
to the holders on at least equivalent terms. 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
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 Ex-
change 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 ap-
proximately $425,000. 
(3) Based on the appraisals referred to in para-
graph (1), the United States would ordinarily be re-
quired to make a $425,000 cash equalization pay-
ment 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 EX-
CHANGE.—The appraised values of the Federal and non- 
Federal land determined and approved by the Secretary 
in November 2015, and referenced in subsection (a)— 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(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.—Not-
withstanding 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 typo-
graphical errors in any map, acreage estimate, or descrip-
tion 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. 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(c) EXCHANGE MAPS.—The maps referred to in sec-
tion 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 ac-
cordance 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 man-
agement plan shall not be required solely because of the 
acquisition of the non-Federal lands. 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
(c) FEDERAL LAND.—Upon conveyance of the Fed-
eral land parcel to PolyMet in the NorthMet Land Ex-
change, the Federal land parcel shall become private land 
and available for any lawful use in accordance with appli-
cable Federal, State, and local laws and regulations per-
taining to mining and other uses of land in private owner-
ship. 
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 with-
drawn, without further action by the Secretary, from ap-
propriation 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 appro-
priation or disposal under a public land law shall be re-
voked 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 al-
ready withdrawn or segregated from appropriation or dis-
posal under the mineral leasing and geothermal or other 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS
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. 
Æ 
VerDate Sep 11 2014 
03:04 Jan 26, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H527.IH
H527
kjohnson on DSK79L0C42 with BILLS