Bill Summary
This bill, known as the NorthMet Land Exchange Act, proposes a land exchange between the federal government and PolyMet Mining Corporation, Inc. The purpose of this exchange is to further the public interest by acquiring land for ecological research and conservation, improving management effectiveness, and reducing costs. The bill outlines the specific lands to be exchanged and provides definitions for terms used in the legislation. It also includes provisions for the valuation, survey, and legal descriptions of the land, as well as post-exchange land management. This bill would override any conflicting provisions in the existing Record of Decision and would require PolyMet to waive any payments owed by the federal government to equalize land values.
Possible Impacts
1. The NorthMet Land Exchange could result in the loss of public access and use of certain Federal lands that are being exchanged for non-Federal lands with limited public access. This could limit recreational opportunities for people who enjoy activities such as hunting, fishing, and hiking in those areas.
2. The NorthMet Land Exchange may impact the environmental and ecological health of the Superior National Forest, as the exchange allows for the development of private mineral rights underlying the Federal land surface. This could have a negative effect on the habitat and wildlife in the area, potentially impacting people who depend on the forest for their livelihoods or enjoyment.
3. The NorthMet Land Exchange could also result in changes to the management of the Superior National Forest, potentially affecting the priorities identified in the land and resource management plan. This could impact the availability of resources and services provided by the forest, potentially affecting the livelihoods and well-being of local communities and residents.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 527 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 527
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.
_______________________________________________________________________
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 Representatives 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.
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 EXCHANGE.
(a) Purpose.--It is the purpose of this Act to further the public
interest by consummating the NorthMet Land Exchange as specifically set
forth in this Act.
(b) Need.--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 National Forest
System lands by reducing the amount of ownership boundaries to
be managed by 33 miles;
(3) improve management effectiveness by exchanging isolated
Federal lands with no public overland access for non-Federal
lands that will have public 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 administration costs;
(5) meet several of the priorities identified in the land
and resource management plan for Superior National Forest to
protect and manage administratively or congressionally
designated, unique, proposed, or recommended areas, including
acquisition of 307 acres of land to the administratively
proposed candidate Research Natural Areas, which are managed by
preserving and maintaining areas for ecological 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 protection, 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 developed private land including
ferrous mining areas, where abundant mining infrastructure and
transportation 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 mineral rights
underlying the Federal land surface, and thereby avoid
potential litigation which could adversely 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 agreements 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.
(2) Federal land parcel.--The term ``Federal 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-Federal land'' means
all right, title, and interest of PolyMet 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
PolyMet in the land exchange as generally depicted on an
overview map entitled ``Non-Federal Land Parcels-NorthMet Land
Exchange'' and dated June 2017, and further depicted on
separate tract maps as follows:
(A) Tract 1.--Approximately 4,650 acres of land in
St. Louis County, Minnesota, generally depicted on the
map entitled ``Non-Federal Land Parcels-NorthMet Land
Exchange-Hay Lake Tract'', and dated June 28, 2018.
(B) Tract 2.--Approximately 320 acres of land in 4
separate parcels in Lake County, Minnesota, generally
depicted on the map entitled ``Non-Federal Land
Parcels-NorthMet Land Exchange-Lake County Lands'', and
dated June 28, 2018.
(C) Tract 3.--Approximately 1,560 acres of land in
4 separate parcels in Lake County, Minnesota, generally
depicted on the map entitled ``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-Hunting Club Lands'', dated June 2017.
(4) Northmet land exchange.--The term ``NorthMet Land
Exchange'' means the land exchange specifically authorized and
directed by section 4 of this Act.
(5) Polymet.--The term ``PolyMet'' means PolyMet Mining
Corporation, Inc., a Minnesota Corporation with executive
offices in St. Paul, Minnesota, 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, approving the NorthMet Land exchange
between the United States and PolyMet Mining, Inc., a Minnesota
Corporation, involving National Forest System land in the
Superior National Forest in Minnesota.
(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 consummated 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 General 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 reimbursed 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 approximately 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 authorizations on the Federal land parcel.
Upon relinquishment of the authorizations by the holders or
upon revocation of the authorizations by the Forest Service,
PolyMet shall offer replacement authorizations to the holders
on at least equivalent terms.
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 Exchange 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 approximately $425,000.
(3) Based on the appraisals referred to in paragraph (1),
the United States would ordinarily be required to make a
$425,000 cash equalization payment 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 Exchange.--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.--Notwithstanding 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 typographical errors in any map, acreage
estimate, or description 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.
(c) Exchange Maps.--The maps referred to in section 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
accordance 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 management plan shall
not be required solely because of the acquisition of the non-Federal
lands.
(c) Federal Land.--Upon conveyance of the Federal land parcel to
PolyMet in the NorthMet Land Exchange, the Federal land parcel shall
become private land and available for any lawful use in accordance with
applicable Federal, State, and local laws and regulations pertaining to
mining and other uses of land in private ownership.
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
withdrawn, without further action by the Secretary, from appropriation
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 appropriation or disposal under a public
land law shall be revoked 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 already withdrawn or segregated from appropriation or disposal
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 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.
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