[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4292 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4292
To authorize the sale of certain National Forest System lands in the
Superior National Forest in Minnesota.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2007
Mr. Oberstar introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Natural
Resources, Energy and Commerce, and Transportation and Infrastructure,
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 authorize the sale of certain National Forest System lands in the
Superior National Forest in Minnesota.
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 Land
Adjustment Act of 2007''.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) Findings.--The Congress finds the following:
(1) Fragmentation of property rights on certain lands
within and adjacent to the Superior National Forest in
Minnesota hampers the ability of private mineral owners to
utilize their mineral rights and the ability of the Forest
Service to manage associated forested areas.
(2) The United States primarily owns the surface rights in
the lands described in section 3, subject to reserved and
outstanding mineral rights.
(3) The public interest in selling the federally owned
lands described in section 3 outweighs the interest served by
maintaining such lands under Federal ownership.
(4) The sale of some Federal surface and subsurface rights
in lands under this Act will facilitate mining in the areas
described in section 3, improving the economy of the United
States by providing employment and needed mineral resources.
(5) Minnesota and the Army Corps of Engineers, in
cooperation with the Forest Service, are preparing an
environmental impact statement for proposed mining operations
by Poly Met Mining, Inc., on and adjacent to the lands
authorized for conveyance by this Act, and the scope of the
environmental impact statement is more fully described in a
Federal Register notice dated July 1, 2005 (70 Fed. Reg.
38122).
(6) Proceeds from the sale of lands authorized by this Act
will be used by the Forest Service to purchase desirable
private inholdings within and adjacent to the Superior National
Forest.
(b) Definitions.--In this Act:
(1) The term ``lands'' includes interests in lands.
(2) The term ``Secretary'' means the Secretary of
Agriculture.
(3) The term ``surface mining'' means the excavation of
lands for the purposes of obtaining minerals, including
excavation methods such as contour, strip, auger, open pit, and
area mining.
SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA.
(a) Conveyance Authority.--The Secretary of Agriculture may sell
any or all right, title, and interest of the United States in and to
the lands within the Superior National Forest in Minnesota described in
subsection (b).
(b) Lands Authorized for Conveyance.--
(1) Lands described.--The federally owned lands subject to
sale under this Act are certain lands located in St. Louis
County, Minnesota, comprising approximately 6,700 acres, more
fully described as follows:
(A) Township 59 North, Range 13 West, 4th Principal
Meridian:
(i) Sections 1 through 9, inclusive.
(ii) Sections 10, 11, 17, and 18, those
portions lying north of and subject to the
right-of-way held by the Erie Railroad.
(iii) The N\1/2\ of section 12.
(B) Township 59 North, Range 12 West, 4th Principal
Meridian:
(i) Section 6: Lots 3, 4, and 9, inclusive.
(ii) Section 7: Lots 3 and 4, inclusive.
(C) Township 60 North, Range 13 West, 4th Principal
Meridian:
(i) The S\1/2\SE\1/4\ of section 33.
(ii) The S\1/2\S\1/2\ of section 34.
(iii) The S\1/2\S\1/2\ of section 35.
(2) Map.--The lands described in paragraph (1) are
generally depicted on a Forest Service map dated October 4,
2007, and entitled ``PolyMet (Proponent) Case #4544'', which
shall be on file and available for public inspection in the
office of the Forest Supervisor, Superior National Forest,
until such time as the lands are conveyed.
(3) Modification of boundaries.--The Secretary may modify
the boundaries of the lands described in paragraph (1) based on
factors such as buffers and other land management
considerations.
(c) Form of Conveyance.--The lands sold under this Act shall be
conveyed by quitclaim deed executed by the Forest Service, Eastern
Region, Director of Air, Soil, Water, Lands, and Minerals. The
Secretary may reserve such rights-of-way or other rights or interests
in the lands as the Secretary considers necessary for future management
purposes or is otherwise in the public interest.
(d) Valuation.--Any appraisal of the lands to be sold under this
Act shall conform to the Uniform Appraisal Standards for Federal Land
Acquisitions, and the appraisal shall be subject to the approval of the
Secretary. For purposes of appraisal, the lands authorized for
conveyance under this Act include the right of the surface owner to
allow or deny all forms of surface mining.
(e) Consideration.--Consideration for a sale of lands under this
Act shall be in an amount not less than the appraised market value.
(f) Method of Sale.--The Secretary may sell lands described in
subsection (b) at public or private sale, including competitive sale by
auction, bid, or otherwise, in accordance with such terms, conditions,
and procedures as the Secretary determines are in the best interests of
the United States, subject to the following:
(1) The Secretary shall first offer the sale of such lands
for consideration at the appraised market value to Poly Met
Mining, Inc., a Minnesota corporation, which shall have 90 days
from the date of the offer during which to contract for the
purchase of such lands.
(2) During the 90 days period referred to in paragraph (1),
the Secretary shall not offer to sell such lands to any party
other than Poly Met Mining, Inc.
(3) In the offer under paragraph (1), the Secretary shall
require Poly Met Mining, Inc., to cover the reasonable costs of
survey, appraisal, and other expenditures directly associated
with the proposed sale.
(4) The Secretary may reject any counteroffer made by Poly
Met Mining, Inc., in response to the offer of the Secretary
under paragraph (1) if the Secretary determines that the
counteroffer is inadequate or is not in the public interest.
(g) Brokers.--The Secretary may utilize brokers or other third
parties in the disposition of the lands authorized by this Act and,
from the proceeds of a sale, may pay reasonable commissions or fees.
SEC. 4. TREATMENT OF PROCEEDS.
(a) Deposit.--The Secretary shall deposit the proceeds of a sale
authorized by this Act in the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a).
(b) Availability.--Amounts deposited under subsection (a) shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of lands within and adjacent to the
Superior National Forest.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Wetlands Offset.--For purposes of compliance with Executive
Order 11990 (May 24, 1977; 42 Fed. Reg. 26961) and Executive Order
11988 (May 24, 1977; 42 Fed. Reg. 26951), the Secretary shall offset
the loss of wetlands from any sale under this Act by the acquisition of
wetlands within and adjacent to the Superior National Forest within ten
years after the date of the final conveyance of lands under this Act.
(b) Environmental Analysis Requirement.--
(1) For conveyances authorized by this Act, the Secretary
shall assume that the future use of the lands so conveyed will
be for surface mining.
(2) For conveyances authorized by this Act, the ongoing
preparation of an environmental impact statement by the Army
Corps of Engineers referenced in section 2(a)(5) shall be
considered sufficient disclosure and documentation of
environmental effects as required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and regulations
promulgated thereunder.
(3) Conveyances authorized under this Act shall not be
delayed pending completion of the environmental impact
statement referenced in section 2(a)(5).
(c) Inapplicable Law.--Section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall not apply to the conveyances authorized by this
Act.
(d) Administrative Appeal.--There shall be no administrative appeal
for any actions taken by the Secretary in furtherance of the sales
authorized by this Act.
(e) Deadline for Sale of Lands.--To the extent practicable, the
sale of lands authorized by this Act shall be completed within 180 days
after the enactment of this Act.
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