I 
115TH CONGRESS 
1ST SESSION H. R. 3115 
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 
JUNE 29, 2017 
Mr. NOLAN (for himself, Mr. PETERSON, Mr. EMMER, Mr. TIPTON, Mr. LAM-
BORN, Mr. LEWIS of Minnesota, Mr. WESTERMAN, Mr. MCCLINTOCK, 
and Mr. GOSAR) 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 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purpose and need for NorthMet Land Exchange. 
Sec. 4. Definitions. 
Sec. 5. NorthMet Land Exchange. 
Sec. 6. Valuation of NorthMet Land Exchange. 
Sec. 7. Maps and legal descriptions. 
Sec. 8. Post-exchange land management. 
Sec. 9. Miscellaneous provisions. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) On January 9, 2017, the Forest Service 
issued a Final Record of Decision approving the 
NorthMet Land Exchange between the United 
States and Poly Met Mining, Inc., a Minnesota Cor-
poration, involving National Forest System land in 
the Superior National Forest in Minnesota. 
(2) The Final Record of Decision is based on 
the Final Environmental Impact Statement for the 
NorthMet Mining Project and Land Exchange. 
(3) The Final Record of Decision was issued as 
the result of a complex, multi-year review under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and other laws and a public- 
input process that included— 
(A) the October 2009 publication of a 
Draft Environmental Impact Statement on the 
mining operation; 
(B) a 2009 Forest Service Feasibility 
Analysis of the Land Exchange and Forest 
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Service inclusion as a co-lead agency on the 
land exchange and proposed mining operation; 
(C) a September 2010 Agreement to Ini-
tiate a land exchange between Poly Met and the 
Forest Service; 
(D) the December 2013 completion of a 
Supplemental Draft Environmental Impact 
Statement analyzing the mining operation and 
the land exchange; 
(E) the November 2015 completion of a 
Final Environmental Impact Statement on the 
mining operation and the land exchange; 
(F) the November 2015 issuance of a For-
est Service draft Record of Decision approving 
the NorthMet Land Exchange; and 
(G) the December 2016 execution of a 
Memorandum of Agreement under section 
306108 of title 54, United States Code (former 
section 106 of the National Historic Preserva-
tion Act). 
(4) The 6,650 acres of Federal land proposed 
for conveyance to Poly Met in the NorthMet Land 
Exchange is National Forest System land, the sur-
face estate of which is administered as part of the 
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Superior National Forest, but which is underlain by 
the privately owned NorthMet ore body. 
(5) Poly Met owns and controls the mineral 
rights to the NorthMet ore body through long-term 
mineral leases and proposes to build an open pit 
mine to recover the minerals. 
(6) The United States owns the remainder of 
the property rights, including the surface that would 
be removed to access the minerals as proposed by 
Poly Met, and this separate ownership of the surface 
and subsurface, known as a split estate, raises fun-
damental legal and land management conflicts. 
(7) The Federal land was purchased by the 
Forest Service, for National Forest System pur-
poses, under the authority of section 6 of the Act of 
March 1, 1911 (commonly known as the Weeks 
Law; 16 U.S.C. 515), and the Forest Service has 
taken the position that the mineral rights that were 
reserved when the lands were acquired by the United 
States in 1935 do not include the right to surface 
mine as proposed by Poly Met. 
(8) Due to the incompatibility between National 
Forest management objectives and Poly Met’s in-
tended mining operations, in the absence of a land 
exchange, the Forest Service is not willing or able to 
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authorize such private, surface mining operations on 
lands of the Superior National Forest. 
(9) Poly Met disagrees with the Forest Service 
position and argues that the mineral rights it seeks 
to utilize provide for access to the minerals by any 
mining method, including open pit or surface min-
ing. 
(10) This fundamental conflict raises the possi-
bility of litigation between Poly Met and the Forest 
Service that has no certain outcome and could set an 
adverse judicial precedent, not only for the 6,650 
acres of Federal land, but also for other lands owned 
by the United States that were 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). 
(11) The NorthMet Land Exchange would per-
manently resolve this fundamental conflict and risk 
to the United States. 
(12) Consummation of the NorthMet Land Ex-
change will not authorize Poly Met’s mining pro-
posal to occur because other governmental entities, 
primarily the State of Minnesota and the United 
States Army Corps of Engineers, will still have the 
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responsibility and authority to make decisions re-
lated to approval of the mining proposal. 
(13) Under the NorthMet Land Exchange, the 
United States will acquire 6,690 acres of non-Fed-
eral private land that will be open to public use and 
enjoyment and managed as a part of the Superior 
National Forest. 
SEC. 3. 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.—In addition to the findings under section 
2 of this Act supporting the advisability and need for the 
NorthMet Land Exchange, according to the Final Record 
of Decision, the NorthMet Land Exchange is advisable 
and needed 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-
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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; 
(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, 
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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; 
(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. 4. DEFINITIONS. 
In this Act: 
(1) COLLECTION
AGREEMENTS.—The term 
‘‘Collection Agreements’’ means the following agree-
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ments between the Secretary and Poly Met per-
taining to the NorthMet Land Exchange: 
(A) The agreement dated August 25, 
2015. 
(B) The agreement dated January 15, 
2016. 
(2) FEDERAL LAND PARCEL.—The term ‘‘Fed-
eral land parcel’’ means all right, title, and interest 
of the United States in and to approximately 6,650 
acres of National Forest System land, as identified 
in the Final Record of Decision, within the Superior 
National Forest in St. Louis County, Minnesota, as 
generally depicted on the map entitled ‘‘Federal 
Land Parcel–NorthMet Land Exchange’’, and dated 
June, 2017. 
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means all right, title, and interest of Poly 
Met in and to approximately 6,690 acres of land in 
four separate tracts (comprising 10 separate land 
parcels in total) within the Superior National Forest 
to be conveyed to the United States by Poly Met in 
the land exchange as generally depicted on an over-
view map entitled ‘‘Non-Federal Land Parcels– 
NorthMet Land Exchange’’ and dated June 2017, 
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and further depicted on separate tract maps as fol-
lows: 
(A) TRACT 1.—Approximately 4,650 acres 
of land in St. Louis County, Minnesota, gen-
erally depicted on the map entitled ‘‘Non-Fed-
eral Land Parcel–NorthMet Land Exchange– 
Hay Lake Tract’’, and dated June, 2017. 
(B) TRACT 2.—Approximately 320 acres of 
land in 4 separate parcels in Lake County, Min-
nesota, generally depicted on the map entitled 
‘‘Non-Federal Land Parcels–NorthMet Land 
Exchange–Lake County Lands’’, and dated 
June, 2017. 
(C) TRACT 3.—Approximately 1,560 acres 
of land in 4 separate parcels in Lake County, 
Minnesota, generally depicted on the map enti-
tled ‘‘Non-Federal Land Parcels–NorthMet 
Land Exchange–Wolf Lands’’, and dated June, 
2017. 
(D) TRACT 4.—Approximately 160 acres of 
land in St. Louis County, Minnesota, generally 
depicted on the map entitled ‘‘Non-Federal 
Land Parcel–NorthMet Land Exchange–Hunt-
ing Club Lands’’, dated June, 2017. 
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(4) NORTHMET LAND EXCHANGE.—The term 
‘‘NorthMet Land Exchange’’ means the land ex-
change specifically authorized and directed by sec-
tion 5 of this Act. 
(5) POLY MET.—The term ‘‘Poly Met’’ means 
Poly Met Mining Corporation, Inc., a Minnesota 
Corporation with executive offices in St. Paul, Min-
nesota, and headquarters in Hoyt Lakes, Minnesota. 
(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. 5. NORTHMET LAND EXCHANGE. 
(a) EXCHANGE AUTHORIZED AND DIRECTED.— 
(1) IN GENERAL.—Subject to section 6(c)(1) 
and other conditions imposed by this Act, if Poly 
Met offers to convey to the United States all right, 
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title, and interest of Poly Met in and to the non- 
Federal land, the Secretary shall accept the offer 
and convey to Poly Met all right, title, and interest 
of the United States in and to the Federal land par-
cel. 
(2) LAND EXCHANGE EXPEDITED.—Subject to 
the conditions imposed by this Act, the NorthMet 
Land Exchange directed by this Act shall be con-
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 Poly Met 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 
Poly Met by an exchange deed. 
(c) EXCHANGE COSTS.— 
(1) REIMBURSEMENT
REQUIRED.—Poly Met 
shall pay or reimburse the Secretary, either directly 
or through the Collection Agreements, for all land 
survey, appraisal, land title, deed preparation, and 
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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)— 
(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 depicted 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, Poly Met shall 
honor existing road and transmission line authoriza-
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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, Poly Met shall offer replacement authorizations 
to the holders on at least equivalent terms. 
SEC. 6. 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 Poly Met to equalize exchange values under 
the Federal Land Policy and Management Act of 
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1976 (43 U.S.C. 1701 et seq.), unless such an 
equalization payment is waived by Poly Met. 
(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)— 
(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 5(a)(1) of this Act, Poly 
Met 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 Poly Met for all purposes of law. 
SEC. 7. MAPS AND LEGAL DESCRIPTIONS. 
(a) MINOR ADJUSTMENTS.—By mutual agreement, 
the Secretary and Poly Met may correct minor or typo-
graphical errors in any map, acreage estimate, or descrip-
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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 Poly 
Met mutually agree otherwise. 
(c) EXCHANGE MAPS.—The maps referred to in sec-
tion 4 depicting the Federal and non-Federal lands to be 
exchanged in the NorthMet Land Exchange, and dated 
June, 2017, 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. 8. 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 
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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. 
(c) FEDERAL LAND.—Upon conveyance of the Fed-
eral land parcel to Poly Met 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. 9. 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 
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necessary to permit conveyance of the Federal land parcel 
to Poly Met. 
(c) WITHDRAWAL
OF FEDERAL LAND PENDING 
CONVEYANCE.—The Federal land parcel to be conveyed 
to Poly Met 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 
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 Poly Met. 
(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 
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