[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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