[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3411 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3411

 To authorize the sale of certain National Forest System lands in the 
                 Superior National Forest in Minnesota.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

 Ms. Klobuchar (for herself and Mr. Coleman) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 2008''.

SEC. 2. FINDINGS AND DEFINITIONS.

    (a) Findings.--The Congress finds the following:
            (1) Fragmentation of property rights on certain lands 
        described herein within and adjacent to the Superior National 
        Forest in Minnesota hampers the ability of the Forest Service 
        to manage associated forested areas as well as the ability of 
        private mineral owners to utilize their mineral rights.
            (2) The United States primarily owns the surface estate in 
        the lands described in section 3, subject to reserved and 
        outstanding mineral rights, with such lands located within a 
        well-established mining district with a large open pit mine 
        lying directly to the north and a mine railroad lying directly 
        to the south.
            (3) The public interest in selling the federally owned 
        property estate interests in lands described in section 3 under 
        the terms and conditions of this Act would appear to outweigh 
        the interest served by maintaining such lands under Federal 
        ownership subject to a final determination under this Act.
            (4) The sale of some Federal surface and subsurface rights 
        in land under this Act will facilitate mining in the areas 
        described in section 3, and thereby improve the local and 
        national economy by providing needed mineral resources, 
        enhancing the property tax base, and promoting employment 
        opportunities through expanded job creation and will allow for 
        the acquisition of desirable public holdings that are located 
        within or adjacent to Forest Service land by the Forest 
        Service.
            (5) Minnesota and the Army Corps of Engineers, in 
        cooperation with the Forest Service, are preparing an 
        environmental impact statement for the proposed mining 
        operations by PolyMet Mining, Inc., on and adjacent to the 
        lands authorized for conveyance by this Act, more fully 
        described in the notice of intent of the Department of Defense 
        (70 Fed. Reg. 38122 (July 1, 2005)) and a draft environmental 
        impact statement is expected to be released for public review 
        and comment in the near future.
            (6) Proceeds from the sale of lands authorized by this Act 
        shall be used by the Forest Service to purchase desirable 
        private inholdings within and adjacent to the Superior National 
        Forest consistent with the land and resource management plan 
        for 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 by such methods as contour, strip, auger, open pit, 
        and area mining.

SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA.

    (a) Conveyance Authority.--
            (1) After considering the public interest factors described 
        in paragraph (2), the Secretary of Agriculture may sell in 
        accordance with this Act 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).
            (2) The sale authorized by this Act may proceed if, based 
        on the environmental documentation provided in accordance with 
        section 5(b), or other information as the Secretary may choose 
        to utilize, the Secretary determines that a sale will--
                    (A) result in better and more efficient management 
                and development of Federal lands and resources taking 
                into consideration the property interests and 
                reservations for mining uses and surrounding use of the 
                lands which are the subject of this Act;
                    (B) help consolidate the ownership of lands or 
                interests in such lands, including mineral rights and 
                surface ownership, thereby promoting economic 
                development;
                    (C) result in receipt to the public of 
                consideration equal to appraised market value as 
                defined herein; and
                    (D) allow with proceeds from any sale the purchase 
                of replacement lands which result in a net benefit to 
                the multiple use resources of the Superior National 
                Forest.
            (3) This subsection prescribes the sole public interest 
        determination required for any sale.
    (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 public 
land 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, it shall be assumed that the 
lands authorized for conveyance under this Act are subject to the right 
of the United States, as 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 as 
determined in accordance with subsection (d).
    (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-day 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 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 less than fair market value 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 under Public Law 90-171 
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
    (b) Availability.--Monies deposited under subsection (a) shall be 
available to the Secretary until expended, without further 
appropriation, only for the acquisition of lands within and adjacent to 
the Superior National Forest. Monies deposited into the fund described 
in subsection (a) shall not be subject to transfer or reprogramming for 
wildland fire management or any other emergency purpose.
    (c) Priority Land Acquisitions.--In utilizing funds derived from 
any sale of lands or interests authorized by this Act, in acquiring 
lands the Secretary shall give priority to--
            (1) privately owned inholdings within the Boundary Waters 
        Canoe Area Wilderness;
            (2) lands having important recreational, scenic, or natural 
        values; or
            (3) eliminating nonconforming uses of land within the 
        Superior National Forest when such uses are or may be 
        reasonably expected to have detrimental impact on the area's 
        recreational, scenic, or natural values.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Wetlands Offset.--For purposes of compliance with Executive 
Order 11990 (42 Fed. Reg. 26961 (May 24, 1977)) and Executive Order 
11988 (42 Fed. Reg. 26951 (May 24, 1977)), the Secretary shall, within 
7 years after the date of final conveyance of lands or interests under 
this Act, ensure that the total functional value of the wetlands 
acquired pursuant to section 4 is equal to or exceeds the functional 
value of the wetlands sold 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--
                    (A) the Secretary shall be a cooperating agency on 
                the environmental impact statement described in section 
                2(a)(5); and
                    (B) the final environmental impact statement 
                described in section 2(a)(5) shall disclose and 
                document the material environmental effects, if any, 
                from the anticipated sale of the land and property 
                interests under this Act, to the extent required under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) and regulations promulgated 
                thereunder.
            (3) In complying with the requirements of this subsection, 
        the Corps of Engineers, the State of Minnesota, and the Forest 
        Service shall not be required to repeat notice or comment 
        procedures, including scoping, already accomplished as of the 
        effective date of this Act with respect to the preparation of 
        the environmental impact statement described in section 
        2(a)(5), or republish a revised draft environmental impact 
        statement to the extent one is published prior to the effective 
        date of this Act.
            (4) For purposes of implementing this Act, the Forest 
        Service shall only be required to utilize the final 
        environmental impact statement described in section 2(a)(5), 
        including the information required under paragraph (2) and 
        shall not be required to do additional analysis or data 
        gathering.
            (5) The closing of any land sale authorized under this Act 
        shall not occur before the date on which notice of the final 
        environmental impact statement described in section 2(a)(5) is 
        published in the Federal Register.
    (c) 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 date described in subsection (b)(5).
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