[Congressional Record Volume 163, Number 193 (Tuesday, November 28, 2017)]
[House]
[Pages H9445-H9448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPERIOR NATIONAL FOREST LAND EXCHANGE ACT OF 2017
Mr. TIPTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3115) to provide for a land exchange involving Federal land
in the Superior National Forest in Minnesota acquired by the Secretary
of Agriculture through the Weeks Law, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3115
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Superior
National Forest Land Exchange Act of 2017''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose and need for NorthMet Land Exchange.
Sec. 3. Definitions.
Sec. 4. NorthMet Land Exchange.
Sec. 5. Valuation of NorthMet Land Exchange.
Sec. 6. Maps and legal descriptions.
Sec. 7. Post-exchange land management.
Sec. 8. Miscellaneous provisions.
SEC. 2. PURPOSE AND NEED FOR NORTHMET LAND EXCHANGE.
(a) Purpose.--It is the purpose of this Act to further the
public interest by consummating the NorthMet Land Exchange as
specifically set forth in this Act.
(b) Need.--According to the Final Record of Decision, the
NorthMet Land Exchange is advisable and needed because the
NorthMet Land Exchange will--
(1) result in a 40-acre net gain in National Forest System
lands;
(2) improve the spatial arrangement of National Forest
System lands by reducing the amount of ownership boundaries
to be managed by 33 miles;
(3) improve management effectiveness by exchanging isolated
Federal lands with no public overland access for non-Federal
lands that will have public overland access and be accessible
and open to public use and enjoyment;
(4) result in Federal cost savings by eliminating certain
easements and their associated administration costs;
(5) meet several of the priorities identified in the land
and resource management plan for Superior National Forest to
protect and manage administratively or congressionally
designated, unique, proposed, or recommended areas, including
acquisition of 307 acres of land to the administratively
proposed candidate Research Natural Areas, which are managed
by preserving and maintaining areas for ecological research,
observation, genetic conservation, monitoring, and
educational activities;
(6) promote more effective land management that would meet
specific National Forest needs for management, including
acquisition of over 6,500 acres of land for new public
access, watershed protection, ecologically rare habitats,
wetlands, water frontage, and improved ownership patterns;
(7) convey Federal land generally not needed for other
Forest resource management objectives, because such land is
adjacent to intensively developed private land including
ferrous mining areas, where abundant mining infrastructure
and transportation are already in place, including--
(A) a large, intensively developed open pit mine lying
directly to the north of the Federal land;
(B) a private mine railroad, powerlines, and roads lying
directly to the south of the Federal land; and
(C) already existing ore processing, milling, and tailings
facilities located approximately 5 miles to the west of the
Federal land; and
(8) provide a practical resolution to complex issues
pertaining to the development of private mineral rights
underlying the Federal land surface, and thereby avoid
potential litigation which could adversely impact the status
and management of the Federal land and other National Forest
System land acquired under the authority of section 6 of the
Act of March 1, 1911 (commonly known as the Weeks Law; 16
U.S.C. 515).
SEC. 3. DEFINITIONS.
In this Act:
(1) Collection agreements.--The term ``Collection
Agreements'' means the following agreements between the
Secretary and Poly Met pertaining to the NorthMet Land
Exchange:
(A) The agreement dated August 25, 2015.
(B) The agreement dated January 15, 2016.
(2) Federal land parcel.--The term ``Federal land parcel''
means all right, title, and interest of the United States in
and to approximately 6,650 acres of National Forest System
land, as identified in the Final Record of Decision, within
the Superior National Forest in St. Louis County, Minnesota,
as generally depicted on the map entitled ``Federal Land
Parcel-NorthMet Land Exchange'', and dated June 2017.
(3) Non-federal land.--The term ``non-Federal land'' means
all right, title, and interest of Poly Met in and to
approximately 6,690 acres of land in four separate tracts
(comprising 10 separate land parcels in total) within the
Superior National Forest to be conveyed to the United States
by Poly Met in the land exchange as generally depicted on an
overview map entitled
[[Page H9446]]
``Non-Federal Land Parcels-NorthMet Land Exchange'' and dated
June 2017, and further depicted on separate tract maps as
follows:
(A) Tract 1.--Approximately 4,650 acres of land in St.
Louis County, Minnesota, generally depicted on the map
entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-
Hay Lake Tract'', and dated June 2017.
(B) Tract 2.--Approximately 320 acres of land in 4 separate
parcels in Lake County, Minnesota, generally depicted on the
map entitled ``Non-Federal Land Parcels-NorthMet Land
Exchange-Lake County Lands'', and dated June 2017.
(C) Tract 3.--Approximately 1,560 acres of land in 4
separate parcels in Lake County, Minnesota, generally
depicted on the map entitled ``Non-Federal Land Parcels-
NorthMet Land Exchange-Wolf Lands'', and dated June 2017.
(D) Tract 4.--Approximately 160 acres of land in St. Louis
County, Minnesota, generally depicted on the map entitled
``Non-Federal Land Parcel-NorthMet Land Exchange-Hunting Club
Lands'', dated June 2017.
(4) Northmet land exchange.--The term ``NorthMet Land
Exchange'' means the land exchange specifically authorized
and directed by section 4 of this Act.
(5) Poly met.--The term ``Poly Met'' means Poly Met Mining
Corporation, Inc., a Minnesota Corporation with executive
offices in St. Paul, Minnesota, and headquarters in Hoyt
Lakes, Minnesota.
(6) Record of decision.--The term ``Record of Decision''
means the Final Record of Decision of the Forest Service
issued on January 9, 2017, approving the NorthMet Land
exchange between the United States and PolyMet Mining, Inc.,
a Minnesota Corporation, involving National Forest System
land in the Superior National Forest in Minnesota.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) State.--The term ``State'' means the State of
Minnesota.
SEC. 4. NORTHMET LAND EXCHANGE.
(a) Exchange Authorized and Directed.--
(1) In general.--Subject to section 5(c)(1) and other
conditions imposed by this Act, if Poly Met offers to convey
to the United States all right, title, and interest of Poly
Met in and to the non-Federal land, the Secretary shall
accept the offer and convey to Poly Met all right, title, and
interest of the United States in and to the Federal land
parcel.
(2) Land exchange expedited.--Subject to the conditions
imposed by this Act, the NorthMet Land Exchange directed by
this Act shall be consummated not later than 90 days after
the date of enactment of this Act.
(b) Form of Conveyance.--
(1) Non-federal land.--Title to the non-Federal land
conveyed by Poly Met to the United States shall be by general
warranty deed subject to existing rights of record, and
otherwise conform to the title approval regulations of the
Attorney General of the United States.
(2) Federal land parcel.--The Federal land parcel shall be
quitclaimed by the Secretary to Poly Met by an exchange deed.
(c) Exchange Costs.--
(1) Reimbursement required.--Poly Met shall pay or
reimburse the Secretary, either directly or through the
Collection Agreements, for all land survey, appraisal, land
title, deed preparation, and other costs incurred by the
Secretary in processing and consummating the NorthMet Land
Exchange. The Collection Agreements, as in effect on the date
of the enactment of this Act, may be modified through the
mutual consent of the parties.
(2) Deposit of funds.--All funds paid or reimbursed to the
Secretary under paragraph (1)--
(A) shall be deposited and credited to the accounts in
accordance with the Collection Agreements;
(B) shall be used for the purposes specified for the
accounts; and
(C) shall remain available to the Secretary until expended
without further appropriation.
(d) Conditions on Land Exchange.--
(1) Reservation of certain mineral rights.--Notwithstanding
subsection (a), the United States shall reserve the mineral
rights on approximately 181 acres of the Federal land parcel
as generally identified on the map entitled ``Federal Land
Parcel-NorthMet Land Exchange'', and dated June 2017.
(2) Third-party authorizations.--As set forth in the Final
Record of Decision, Poly Met shall honor existing road and
transmission line authorizations on the Federal land parcel.
Upon relinquishment of the authorizations by the holders or
upon revocation of the authorizations by the Forest Service,
Poly Met shall offer replacement authorizations to the
holders on at least equivalent terms.
SEC. 5. VALUATION OF NORTHMET LAND EXCHANGE.
(a) Appraisals.--The Congress makes the following new
findings:
(1) Appraisals of the Federal and non-Federal lands to be
exchanged in the NorthMet Land Exchange were formally
prepared in accordance with the Uniform Appraisal Standards
for Federal Land Acquisitions, and were approved by the
Secretary in conjunction with preparation of the November
2015 Draft Record of Decision on the NorthMet Land Exchange.
(2) The appraisals referred to in paragraph (1) determined
that the value of the non-Federal lands exceeded the value of
the Federal land parcel by approximately $425,000.
(3) Based on the appraisals referred to in paragraph (1),
the United States would ordinarily be required to make a
$425,000 cash equalization payment to Poly Met to equalize
exchange values under the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), unless such an
equalization payment is waived by Poly Met.
(b) Values for Consummation of Land Exchange.--The
appraised values of the Federal and non-Federal land
determined and approved by the Secretary in November 2015,
and referenced in subsection (a)--
(1) shall be the values utilized to consummate the NorthMet
Land Exchange; and
(2) shall not be subject to reappraisal.
(c) Waiver of Equalization Payment.--
(1) Condition on land exchange.--Notwithstanding section
206(b) of the Federal Land Policy and Management Act (43
U.S.C. 1716(b)), and as part of its offer to exchange the
non-Federal lands as provided in section 4(a)(1) of this Act,
Poly Met shall waive any payment to it of any monies owed by
the United States to equalize land values.
(2) Treatment of waiver.--A waiver of the equalization
payment under paragraph (1) shall be considered as a
voluntary donation to the United States by Poly Met for all
purposes of law.
SEC. 6. MAPS AND LEGAL DESCRIPTIONS.
(a) Minor Adjustments.--By mutual agreement, the Secretary
and Poly Met may correct minor or typographical errors in any
map, acreage estimate, or description of the Federal land
parcel or non-Federal land to be exchanged in the NorthMet
Land Exchange.
(b) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this Act,
the map shall control unless the Secretary and Poly Met
mutually agree otherwise.
(c) Exchange Maps.--The maps referred to in section 3
depicting the Federal and non-Federal lands to be exchanged
in the NorthMet Land Exchange, and dated June 2017, depict
the identical lands identified in the Final Record of
Decision, which are on file in the Office of the Supervisor,
Superior National Forest.
SEC. 7. POST-EXCHANGE LAND MANAGEMENT.
(a) Non-federal Land.--Upon conveyance of the non-Federal
land to the United States in the NorthMet Land Exchange, the
non-Federal land shall become part of the Superior National
Forest and be managed in accordance with--
(1) the Act of March 1, 1911 (commonly known as the Weeks
Law; 16 U.S.C. 500 et seq.); and
(2) the laws and regulations applicable to the Superior
National Forest and the National Forest System.
(b) Planning.--Upon acquisition by the United States in the
NorthMet Land Exchange, the non-Federal lands shall be
managed in a manner consistent with the land and resource
management plan applicable to adjacent federally owned lands
in the Superior National Forest. An amendment or supplement
to the land and resource management plan shall not be
required solely because of the acquisition of the non-Federal
lands.
(c) Federal Land.--Upon conveyance of the Federal land
parcel to Poly Met in the NorthMet Land Exchange, the Federal
land parcel shall become private land and available for any
lawful use in accordance with applicable Federal, State, and
local laws and regulations pertaining to mining and other
uses of land in private ownership.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Withdrawal of Acquired Non-Federal Land.--The non-
Federal lands acquired by the United States in the NorthMet
Land Exchange shall be withdrawn, without further action by
the Secretary, from appropriation and disposal under public
land laws and under laws relating to mineral and geothermal
leasing.
(b) Withdrawal Revocation.--Any public land order that
withdraws the Federal land parcel from appropriation or
disposal under a public land law shall be revoked without
further action by the Secretary to the extent necessary to
permit conveyance of the Federal land parcel to Poly Met.
(c) Withdrawal of Federal Land Pending Conveyance.--The
Federal land parcel to be conveyed to Poly Met in the
NorthMet Land Exchange, if not already withdrawn or
segregated from appropriation or disposal under the mineral
leasing and geothermal or other public land laws upon
enactment of this Act, is hereby so withdrawn, subject to
valid existing rights, until the date of conveyance of the
Federal land parcel to Poly Met.
(d) Act Controls.--In the event any provision of the Record
of Decision conflicts with a provision of this Act, the
provision of this Act shall control.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Colorado (Mr. Tipton) and the gentlewoman from California (Mrs. Torres)
each will control 20 minutes.
The Chair recognizes the gentleman from Colorado.
General Leave
Mr. TIPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. TIPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3115, authored by Congressman Richard Nolan, is a
bipartisan bill that implements a land exchange to facilitate the
exercise of certain mineral rights in the Superior National Forest in
Minnesota to create economic growth for the area.
Congressman Nolan will certainly provide the history of this
exchange,
[[Page H9447]]
but I do want to take note that this bill has greater impacts than just
a single forest in Minnesota.
Across the United States, people hold mineral estates underlying
lands that were acquired by the National Forest under the Weeks Act.
Without an agreement such as the one authorized by this bill, their
ability to exercise those valid preexisting rights is in jeopardy.
I note that the land exchange authorized in this bill has undergone
extensive environmental review under the National Environmental Policy
Act of 1969 and was supported by the Obama administration.
This is an equal-value land exchange, but the holder of the mineral
estate forgoes any equalization under the bill if the private land
being swapped for the Federal land is worth more.
Finally, the bill provides a net increase in the size of the Superior
National Forest of 40 acres. It is no wonder that this bill was
supported by the ranking members of the Subcommittee on Federal Lands
and the Subcommittee on Energy and Mineral Resources when it was
considered by the Natural Resources Committee in July.
I commend Congressman Nolan, Congressman Collin Peterson, Congressman
Tom Emmer, and Congressman Jason Lewis for working together to craft
this commonsense solution bill to help Minnesota.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3115 authorizes a land exchange between the Forest
Service and PolyMet Mining. PolyMet will acquire land within
Minnesota's Superior National Forest to pursue the development of an
open pit mine.
While the Forest Service already approved the exchange, I understand
several groups of concerned Minnesotans have expressed concerns about
the proposed development, including the Fon du Lac Band of Lake
Superior Chippewa, a federally recognized Tribe whose reservation is
downstream from the proposed mine. The area to be exchanged is part of
the Tribe's ancestral homeland, and they have concerns that the
conveyance could impact rights to hunt, fish, and gather. Federal
ownership protects these rights.
As ranking member of the Subcommittee on Indian, Insular, and Alaska
Native Affairs, I think it is important that we listen to the concerns
of tribal communities. That said, I understand this bill is a priority
for Representative Nolan, and I look forward to hearing his
perspectives.
Mr. Speaker, I reserve the balance of my time.
Mr. TIPTON. Mr. Speaker, I reserve the balance of my time.
Mrs. TORRES. Mr. Speaker, I yield 5 minutes to the gentleman from
Minnesota (Mr. Nolan), the sponsor of this legislation.
Mr. NOLAN. Mr. Speaker, I rise in support of H.R. 3115, the land
exchange between PolyMet Mining Corporation and the Superior National
Forest of the U.S. Forest Service.
Let me begin by saying that what the exchange involves is PolyMet
giving up approximately 6,550 acres of forestland that is surrounded by
old mining sites, with no public access. In return, they are giving us
6,690 acres, or an additional 40 acres, which is a wonderfully good
deal for the taxpayers and the concerns of the environment, if people
just look at the exchange.
At the end of the day, the taxpayers get more land and more value--
$425,000, to be exact. There is no cost to the taxpayers. The public
gets more access to the land. They get more lakeshore property, more
timberland, more wild rice land, and more wetlands.
If approved and if the PolyMet Mining project should ultimately go
forward--by the way, it has received the highest marks that any mining
project has ever received from the EPA, after almost 12 years of
review--the simple truth is that this is a good bill for the public.
Let me say it is important to note that there are some things that
this bill does not do. I need to say that because there is some
terrible misinformation floating around out there.
Number one, it does not authorize a mining project. Let's make that
very clear.
Number two, it does not interfere with the State and Federal
environmental review processes, procedures, and permitting process.
Most importantly, the preponderance of the information coming into my
office is concern for the Boundary Waters Canoe Area Wilderness, and
rightfully so. I was an original sponsor of that legislation back in
the day before I took my little 32-year hiatus. There is no more
precious, pristine area in this country--perhaps, the world--that needs
to be protected.
Let me show you something. For those of you who weren't paying
attention in science class, there is the Continental Divide. The water
north of that flows north and water to the south of that flows south.
This project is south of the Continental Divide, so there is
physically no way possible, short of a nuclear bomb or getting hit by a
planet or something, that that water can flow into and in any way harm
or damage the Boundary Waters.
To be specific, right here, there already is a 60-year-old mining
project, Northshore Mining. They have been mining there 60 years.
And by the way, there is sulfur in that soil, as well. It has never
caused any damage to the Boundary Waters Canoe Area Wilderness.
This is a good bill for the environment, good for jobs, and it is
good for the community. In no way can it harm or damage the Boundary
Waters or I wouldn't be standing here today advocating for its
purchase.
I urge my colleagues to adopt this important piece of legislation. I
remind them that it has good bipartisan support from our Minnesota
Senators and the Governor, bipartisan support from our congressional
delegation, chambers of commerce, and the trade unions.
It is a good bill, and I urge its adoption.
{time} 1700
Mr. TIPTON. Mr. Speaker, I reserve the balance of my time.
Mrs. TORRES. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Minnesota (Ms. McCollum).
Ms. McCOLLUM. Mr. Speaker, I rise today in opposition to H.R. 3115,
the Superior National Forest Land Exchange Act of 2017. This bill
mandates an exchange of more than 6,600 acres in the Superior National
Forest for the construction of a massive open pit sulfide-ore copper
and nickel mine.
This project is controversial with the majority of Minnesotans who
oppose the toxic sulfide-ore mining because it is a threat to our water
quality, public lands, and outdoor recreation in our State.
This legislation also raises serious due process concerns. There are
four pending lawsuits challenging the land exchange based on existing
environmental laws and concerns about the appropriate appraisal values.
Federal courts are still considering these suits, but this
legislation undermines the proper judicial review to expedite the
construction of the PolyMet mine.
Finally, this bill ignores the treaty rights of the Fond du Lac Band
of Lake Superior Chippewa, a federally recognized Tribal nation. The
Fond du Lac Reservation is downstream from the proposed mine site, and
the Tribal chairman has told Congress this mine will, and I quote the
Tribal chairman, ``pose a direct threat to the water and the fish, the
game, and the wild rice on which the Tribe depends.''
The National Congress of American Indians also strongly opposes this
legislation. H.R. 3115 undermines legal due process, environmental
safeguards, and the treaty rights of our Native American brothers and
sisters, and I urge my colleagues to vote ``no'' on H.R. 3115.
Mrs. TORRES. Mr. Speaker, I yield back the balance of my time.
Mr. TIPTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Collins of New York). The question is on
the motion offered by the gentleman from Colorado (Mr. Tipton) that the
House suspend the rules and pass the bill, H.R. 3115, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. TORRES. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
[[Page H9448]]
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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