I
104TH CONGRESS
1ST SESSION
H. R. 1990
To provide for the exchange of certain lands in the Superior National Forest
for certain lands owned by Cook County, Lake County, and St. Louis
County, Minnesota, in the Boundary Water Canoe Area Wilderness.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1995
Mr. OBERSTAR introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committee on Agriculture,
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 provide for the exchange of certain lands in the Superior
National Forest for certain lands owned by Cook County,
Lake County, and St. Louis County, Minnesota, in the
Boundary Water Canoe Area Wilderness.
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 Resort Special Use Permit Land Exchange Act of
1995’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that to provide
for the increased ownership, continued protection, en-
hancement, and preservation of the natural values of the
lakes, waterways, and associated forested areas within the
Boundary Waters Canoe Area Wilderness, and to enable
Cook County, Lake County, and St. Louis County, Min-
nesota, to more effectively manage certain commercially
developed lands in the Superior National Forest (and thus
relieve the United States from the cost and responsibility
for such management), an exchange of lands between the
United States and such counties is in the public interest.
(b) PURPOSE.—It is the purpose of this Act to pro-
vide for the transfer of—
(1) certain Federal lands within the Cook
County portion of the Superior National Forest (ap-
proximately 36.28 acres) to Cook County in ex-
change for the transfer to Federal ownership of
lands of equal value owned by Cook County in the
Boundary Waters Canoe Area Wilderness;
(2) certain Federal lands within the Lake
County portion of the Superior National Forest (ap-
proximately 20 acres) to Lake County in exchange
for the transfer to Federal ownership of lands of
equal value owned by Lake County in the Boundary
Waters Canoe Area Wilderness; and
(3) certain Federal lands within the St. Louis
County portion of the Superior National Forest (ap-
proximately 30.81 acres) to St. Louis County in ex-
change for the transfer to Federal ownership of
lands of equal value owned by St. Louis County in
the Boundary Waters Canoe Area Wilderness.
SEC. 3. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA
WILDERNESS AND SUPERIOR NATIONAL FOR-
EST, MINNESOTA.
(a) ACCEPTANCE
OF COUNTY LANDS.—The Sec-
retary of Agriculture shall accept on behalf of the United
States, fee title to certain selected Cook County, Lake
County, and St. Louis County, Minnesota, lands and in-
terests, respectively for each county, within the Boundary
Waters Canoe Area Wilderness, consisting of all rights,
excluding mineral interests reserved in the State of Min-
nesota or by prior reservation in private parties, such
lands to be selected by the Secretary from parcels de-
scribed on the map entitled ‘‘Boundary Waters Canoe
Area Wilderness—Additions’’, dated January 1992, hav-
ing a market value equal to or greater than the National
Forest System lands in each respective county as de-
scribed in subsections (b), (c), and (d), in exchange for
such National Forest System lands. Title may be conveyed
by quit claim deed but must otherwise comply with the
Department of Justice title standards as set forth in the
‘‘Standards for the Preparation of Title Evidence In Land
Acquisitions by the United States’’.
(b) CONVEYANCE OF FOREST SYSTEM LANDS TO
COOK COUNTY.—(1) Upon acceptance by the Secretary of
the Cook County lands and interests therein referred to
in subsection (a), the Secretary shall convey to Cook
County the four federally owned parcels of land within the
boundaries of the Superior National Forest in Minnesota
described in paragraph (2). The conveyance shall be sub-
ject to valid existing rights and any deed restrictions and
reservations as the Secretary may prescribe pursuant to
section 4(c), as follows:
(A) For lands which had been previously pat-
ented from the United States, the Secretary shall
convey such lands to Cook County by quit claim
deed.
(B) For lands which have never been previously
patented, the Secretary of the Interior shall convey
such lands by patent at the request of the Secretary.
(2) The federally owned lands to be conveyed to Cook
County pursuant to paragraph (1) are generally described
as follows:
(A) T64N–R1W, Section 11, Parts of Lots 15
and 17; Section 12, Parts of Lot 3, 4th P.M., as
described in Special Use Permit to Bearskin
Lodge—David Tuttle, including all lands lying be-
tween the described parcel and the shores of East
Bearskin Lake. Approximately 19.1 acres.
(B) T64N–R1W, section 4, Part of Lots 10 and
11, 4th P.M., as described in Special Use Permit to
Gateway Hungry Jack Lodge—Hungry Jack, Inc.,
Gerald Parson, President, including all lands lying
between the described parcel and the shores of Hun-
gry Jack Lake. Approximately 6.42 acres.
(C) T64N–R1W, Section 1, Part of Lot 19, 4th
P.M., as described in Special Use Permit to Golden
Eagle Lodge—Golden Eagle Lodge, Inc., including
all lands lying between the described parcel and the
shores of Flour Lake. Approximately 7.4 acres.
(D) T62N–R4W, Section 7, Part of E1⁄2 SW1⁄4,
4th P.M., as described in Special Use Permit to
Sawbil Canoe Outfitters—Frank & Mary Alice Han-
sen. Approximately 3.36 acres.
(c) CONVEYANCE OF FOREST SYSTEM LANDS TO
LAKE COUNTY.—(1) Upon acceptance by the Secretary of
the Lake County lands and interests therein referred to
in subsection (a), the Secretary shall convey to Lake
County the two federally owned parcels of land within the
boundaries of the Superior National Forest in Minnesota
River Point Resort, including all lands lying between
the described parcel and the shore of Birch Lake.
Approximately 16.3 acres.
(d) CONVEYANCE OF FOREST SYSTEM LANDS TO ST.
LOUIS COUNTY.—(1) Upon acceptance by the Secretary
of the St. Louis County lands and interests therein re-
ferred to in subsection (a), the Secretary shall convey to
St. Louis Country the two federally owned parcels of land
within the boundaries of the Superior National Forest in
Minnesota described in paragraph (2). The conveyance
shall be subject to valid existing rights and any deed re-
strictions and reservations as the Secretary may prescribe
pursuant to section 4(c), as follows:
(A) For lands which had been previously pat-
ented from the United States, the Secretary shall
convey such lands to St. Louis County by quit claim
deed.
(B) For lands which have never been previously
patented, the Secretary of the Interior shall convey
such lands by patent at the request of the Secretary.
(2) The federally owned lands to be conveyed to St.
Louis County pursuant to paragraph (1) are generally de-
scribed as follows:
(A) T61N–R12W, Section 31, Part of Lot 7,
4th P.M., as described in Special Use Permit to
John D. Rykken and Mayleann T. Rykken, d/b/a
Timber Bay Lodge and Houseboats, including all
lands lying between the described parcel and the
shores of Birch Lake. Approximately 10.81 acres.
(B) T65N–R13W, Section 28, Part of Lot 3,
4th P.M., as described in Special Use Permit to
Garrett G. Alberts and Karen J. Alberts, d/b/a/ Big
Lake Wilderness Lodge, including all lands lying be-
tween the described parcel and the shores of Big
Lake. Approximately 20.00 acres.
(e) OTHER ELEMENTS OF EXCHANGE.—The convey-
ances required by subsections (b), (c), and (d) shall in-
clude such easements as may be necessary for ingress,
egress, and utilities between the conveyed property and the
nearest State or county road. The property to be conveyed
by the Secretary under such subsections shall be surveyed,
monumented, and given legally acceptable descriptions by
the Secretary prior to conveyance. Parcel descriptions
shall include land sufficient to provide minimum 100 foot
sideyard and 500 foot backyard setbacks from any build-
ings or septic systems currently located on the premises.
Additional land may be added by the Secretary in the Sec-
retary’s sole discretion to help facilitate the exchange, cre-
ate more usable boundaries, or to create a more usable
parcel for the currently permitted business operation on
the parcel.
SEC. 4. TERMS AND CONDITIONS.
(a) EXPENSES.—The United States and Cook Coun-
ty, Lake County, and St. Louis County, respectively, shall
each bear the normal expenses associated with the convey-
ance of their respective properties in executing the land
exchange under section 3.
(b) VALUATION.—The values of the national forest
and county lands selected to be exchanged pursuant to this
Act shall be determined by an independent fee appraisal
to be approximately equal. The independent fee appraiser
for land in each county shall be selected by agreement of
the respective county and the Secretary, who shall share
the cost of such respective appraisal equally.
(c) DEED RESTRICTIONS AND RESERVATIONS.—The
Secretary shall have full discretion to impose restrictions
and reservations, including conservation easements, rea-
sonably necessary in the deeds to the counties to accom-
plish the following:
(1) Protect the natural resource values of the
National Forest System lands adjacent to the lands
described in subsections (b), (c), and (d) of section
3 by the imposition of restrictions no greater than
the following:
(A) New buildings constructed on the
premises shall have setbacks as follows:
(i) 100 feet from any lake or river.
(ii) 50 feet from any side or back lot
line or any road centerline.
(B) Requiring a minimum lot size equal to
the lesser of 5 acres or the size of the parcel
conveyed.
(C) Improvements on the premises shall be
maintained in a good state of repair and the
premises shall be kept clean and orderly. No ac-
cumulation or dumping of trash or unsightly
materials shall be permitted on the land. Any
trash or refuse shall be disposed of as required
by State or local laws and regulations.
(D) Owners of the land and operators of
any business thereon shall comply with all Fed-
eral, State, and local laws and regulations ap-
plicable to the land or any use thereof.
(E) Any new or remodeled buildings, or
additions thereto, shall be constructed and
maintained on the premises in harmony with
the color, design, and type of construction of
buildings presently located on the lands.
(F) No material shall be disposed of on the
land by burning in open fires during any closed
season established by law or regulation without
a written permit as required by law or regula-
tion.
(G) No waste or by-product shall be dis-
carded into any surface water or onto any land
surface in violation of Federal, State, or local
regulation.
(H) The land shall not be used for any
purpose other than single family residences, re-
sorts, lodges, outfitters, and normal accessory
uses.
(2) Preserve any rights-of-way or easements
reasonably necessary for public and administrative
access to, and management of, adjacent National
Forest System lands.
(3) Preserve any archaeological sites or valid
existing private property rights on the land.
(d) MAP.—The map described in section 3 along with
legal descriptions of all lands to be conveyed, shall be on
file and available for public inspection in the office of the
Chief of the Forest Service, United States Department of
Agriculture. The maps and legal descriptions shall have
the same force and effect as if included in the Act, except
that the Secretary may correct clerical and typographical
errors.
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