110 HR 4292 IH: Superior National Forest Land
U.S. House of Representatives
2007-12-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Superior National Forest Land
Adjustment Act of 2007
.
2.
(a)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)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.
3.Land conveyance
authority, Superior National Forest, Minnesota
(a)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)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 N½ 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 S½SE¼ of section 33.
(ii)The S½S½ of section 34.
(iii)The S½S½ of section 35.
(2)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
boundariesThe Secretary may
modify the boundaries of the lands described in paragraph (1) based on factors
such as buffers and other land management considerations.
(c)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)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
for a sale of lands under this Act shall be in an amount not less than the
appraised market value.
(f)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)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.
4.
(a)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)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.
5.
(a)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)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)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 landsTo the extent
practicable, the sale of lands authorized by this Act shall be completed within
180 days after the enactment of this Act.