[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.

                          ____________________