[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3365-S3366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2523. Ms. SMITH (for herself and Ms. Klobuchar) submitted an
amendment intended to be proposed by her to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
SEC. 10__. SUPERIOR NATIONAL FOREST LAND EXCHANGE.
(a) Purpose and Need for NorthMet Land Exchange.--
(1) Purpose.--It is the purpose of this section to further
the public interest by consummating the NorthMet Land
Exchange as specifically set forth in this section.
(2) Need.--According to the Final Record of Decision, the
NorthMet Land Exchange is advisable and needed because the
NorthMet Land Exchange will--
(A) result in a 40-acre net gain in National Forest System
lands;
(B) improve the spatial arrangement of National Forest
System lands by reducing the amount of ownership boundaries
to be managed by 33 miles;
(C) 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;
(D) result in Federal cost savings by eliminating certain
easements and their associated administration costs;
(E) 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;
(F) 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;
(G) 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--
(i) a large, intensively developed open pit mine lying
directly to the north of the Federal land;
(ii) a private mine railroad, powerlines, and roads lying
directly to the south of the Federal land; and
(iii) already existing ore processing, milling, and
tailings facilities located approximately 5 miles to the west
of the Federal land; and
(H) 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).
(b) Definitions.--In this section:
(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 ``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 subsection (c).
(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.
(c) NorthMet Land Exchange.--
(1) Exchange authorized and directed.--
(A) In general.--Subject to subsection (d)(3)(A) and other
conditions imposed by this section, 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.
(B) Land exchange expedited.--Subject to the conditions
imposed by this section, the NorthMet Land Exchange directed
by this section shall be consummated not later than 90 days
after the date of enactment of this Act.
(2) Form of conveyance.--
(A) 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.
(B) Federal land parcel.--The Federal land parcel shall be
quitclaimed by the Secretary to Poly Met by an exchange deed.
(3) Exchange costs.--
(A) 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.
(B) Deposit of funds.--All funds paid or reimbursed to the
Secretary under subparagraph (A)--
(i) shall be deposited and credited to the accounts in
accordance with the Collection Agreements;
(ii) shall be used for the purposes specified for the
accounts; and
(iii) shall remain available to the Secretary until
expended without further appropriation.
(4) Conditions on land exchange.--
(A) Reservation of certain mineral rights.--Notwithstanding
paragraph (1), 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.
(B) 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.
(d) Valuation of NorthMet Land Exchange.--
(1) Appraisals.--The Congress makes the following new
findings:
(A) 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.
(B) The appraisals referred to in subparagraph (A)
determined that the value of the non-Federal lands exceeded
the value of the Federal land parcel by approximately
$425,000.
(C) Based on the appraisals referred to in subparagraph
(A), 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.
(2) Values for consummation of land exchange.--The
appraised values of the Federal and non-Federal land
determined and
[[Page S3366]]
approved by the Secretary in November 2015, and referenced in
paragraph (1)--
(A) shall be the values utilized to consummate the NorthMet
Land Exchange; and
(B) shall not be subject to reappraisal.
(3) Waiver of equalization payment.--
(A) 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 subsection (c)(1)(A), Poly
Met shall waive any payment to it of any monies owed by the
United States to equalize land values.
(B) Treatment of waiver.--A waiver of the equalization
payment under subparagraph (A) shall be considered as a
voluntary donation to the United States by Poly Met for all
purposes of law.
(e) Maps and Legal Descriptions.--
(1) 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.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this
section, the map shall control unless the Secretary and Poly
Met mutually agree otherwise.
(3) Exchange maps.--The maps referred to in subsection (b)
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.
(f) Post-exchange Land Management.--
(1) 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--
(A) the Act of March 1, 1911 (commonly known as the Weeks
Law; 16 U.S.C. 500 et seq.); and
(B) the laws and regulations applicable to the Superior
National Forest and the National Forest System.
(2) 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.
(3) 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.
(g) Miscellaneous Provisions.--
(1) 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.
(2) 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.
(3) 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.
(4) Act controls.--In the event any provision of the Record
of Decision conflicts with a provision of this section, the
provision of this section shall control.
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