[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1990 Introduced in House (IH)]

  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 
      Committee 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superior National Forest 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, enhancement, 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, Minnesota, 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 provide for the 
transfer of--
            (1) certain Federal lands within the Cook County portion of 
        the Superior National Forest (approximately 36.28 acres) to 
        Cook County in exchange 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 (approximately 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 (approximately 30.81 
        acres) to St. Louis County in exchange 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 FOREST, MINNESOTA.

    (a) Acceptance of County Lands.--The Secretary 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 
interests, respectively for each county, within the Boundary Waters 
Canoe Area Wilderness, consisting of all rights, excluding mineral 
interests reserved in the State of Minnesota or by prior reservation in 
private parties, such lands to be selected by the Secretary from 
parcels described on the map entitled ``Boundary Waters Canoe Area 
Wilderness--Additions'', dated January 1992, having a market value 
equal to or greater than the National Forest System lands in each 
respective county as described 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 subject 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 patented 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 between 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 
        Hungry 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 E\1/2\ SW\1/4\, 4th P.M., 
        as described in Special Use Permit to Sawbil Canoe Outfitters--
        Frank & Mary Alice Hansen. 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 described in 
paragraph (2). The conveyance shall be subject 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 patented from the 
        United States, the Secretary of Agriculture shall convey such 
        lands to Lake 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 of Agriculture.
    (2) The federally owned lands to be conveyed to Lake County 
pursuant to paragraph (1) are generally described as follows:
            (A) T61N-R11W, Section 30, Part of Lot 8, 4th P.M., as 
        described in Special Use Permit to Victor H. Gunderson, Sharon 
        G. Gunderson and Gregory Gunderson, partners d/b/a Roaring 
        Stony Resort, including all lands lying between the described 
        parcel and the shores of Birch Lake. Approximately 3.70 acres.
            (B) T61N-R11W, Section 6, Part of Lot 10, 4th P.M., as 
        described in Special Use Permit to Steven L. Koschak and Mary 
        Jane Koschak, d/b/a 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 referred 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 restrictions and reservations as the 
Secretary may prescribe pursuant to section 4(c), as follows:
            (A) For lands which had been previously patented 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 described 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 between the described parcel and the shores of Big 
        Lake. Approximately 20.00 acres.
    (e) Other Elements of Exchange.--The conveyances required by 
subsections (b), (c), and (d) shall include 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 buildings or septic systems currently located on the premises. 
Additional land may be added by the Secretary in the Secretary's sole 
discretion to help facilitate the exchange, create 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 County, Lake County, and 
St. Louis County, respectively, shall each bear the normal expenses 
associated with the conveyance 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, reasonably necessary in the deeds to the 
counties to accomplish 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 accumulation 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 Federal, State, 
                and local laws and regulations applicable 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 regulation.
                    (G) No waste or by-product shall be discarded 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, resorts, 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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