Minnesota Education Investment and Employment Act - Directs the Secretary of Agriculture (USDA) to complete a land exchange involving National Forest System land in Minnesota and Minnesota state lands.
Requires the exchange to be consummated pursuant to specified Minnesota law. Makes Minnesota responsible for the costs of the survey and all other administrative costs related to the land exchange.
Adds the lands acquired by the Secretary to the Boundary Waters Canoe Area Wilderness and modifies the boundaries of such Wilderness to reflect their inclusion.
Prohibits the acquisition, and inclusion, of land by the United States in the Boundary Waters Canoe Area Wilderness from altering or affecting current fishing and hunting rights.
Deems the lands acquired by Minnesota to be state trust lands and to be held in trust for the benefit of its public school system. Expresses the sense of Congress that, whenever the land acquired by Minnesota is not being used for revenue-gathering activities, it should make such land available for other compatible uses, including hunting, fishing, hiking, biking, snowmobiling, and trail riding.
Instructs the Secretary to modify the boundaries of Superior National Forest to reflect the land exchange under this Act.
States that the land exchange under this Act shall not be considered to be a major federal action.
Prohibits the Secretary from taking into consideration the lands acquired by the United States in determining the appraisal value of System lands in Minnesota used for the purposes of making payments to Minnesota under the Thye-Blatnik Act and Humphrey-Thye-Blatnik-Andreson Act.
Requires the Secretary to report to Congress, if the Secretary fails to complete the land exchange within the 18-month period following enactment of this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5544 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5544
To authorize and expedite a land exchange involving National Forest
System land in the Laurentian District of the Superior National Forest
and certain other National Forest System land in the State of Minnesota
that has limited recreational and conservation resources and lands
owned by the State of Minnesota in trust for the public school system
that are largely scattered in checkerboard fashion within the Boundary
Waters Canoe Area Wilderness and have important recreational, scenic,
and conservation resources, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2012
Mr. Cravaack introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize and expedite a land exchange involving National Forest
System land in the Laurentian District of the Superior National Forest
and certain other National Forest System land in the State of Minnesota
that has limited recreational and conservation resources and lands
owned by the State of Minnesota in trust for the public school system
that are largely scattered in checkerboard fashion within the Boundary
Waters Canoe Area Wilderness and have important recreational, scenic,
and conservation resources, and for other purposes.
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 ``Minnesota Education Investment and
Employment Act''.
SEC. 2. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA WILDERNESS AND
SUPERIOR NATIONAL FOREST, MINNESOTA.
(a) Findings.--Congress makes the following findings:
(1) The State of Minnesota owns multiple parcels of land in
the Boundary Waters Canoe Area Wilderness in the Superior
National Forest that were granted to the State through sections
16 and 36 of the Enabling Act of 1857 to be held in trust for
the benefit of the public school system in the State (in this
section referred to as ``State trust lands'').
(2) The State trust lands were acquired by the State long
before the establishment of either the National Forest System
or the wilderness area and are scattered in a largely
checkerboard fashion amid the Superior National Forest and the
wilderness area.
(3) The presence of State trust lands in the wilderness
area makes land and resource management in the wilderness area
more difficult, costly, and controversial for the United States
and the State.
(4) Although the State trust lands were granted to the
State to generate financial support for the public school
system through the sale or development of natural resources,
development of those resources in the wilderness area may be
incompatible with managing the wilderness area for
recreational, natural, and conservation purposes.
(5) The United States owns land and interests in land in
other parts of the State that can be transferred to the State
in exchange for the State trust lands without jeopardizing
Federal management objectives or needs.
(6) It is in the public interest to exchange, on terms that
are fair to the United States and the State, National Forest
System land in the State that has limited recreational and
conservation resources for State trust lands located in the
wilderness area with important recreational, scenic, and
conservation resources for permanent public management and use.
(7) The Legislature of the State of Minnesota, meeting in
its 87th Legislative Session, passed (and on April 27, 2012,
the Governor of Minnesota approved) S.F No. 1750 (Chapter 236),
section 4 of which adds section 92.80 to the Minnesota Statutes
to expedite the exchange of a portion of the State trust lands
located within the Boundary Waters Canoe Area Wilderness.
(8) The land exchange described in subsection (b) should be
consummated within one year after the date of the enactment of
this Act.
(b) Land Exchange Required.--The Secretary of Agriculture shall
consummate a land exchange with the State of Minnesota pursuant to
section 4 of S.F No. 1750 (Chapter 236) of the Legislature of the State
of Minnesota (section 92.80 of the Minnesota Statutes) to acquire all
right, title, and interest of the State in and to certain State trust
lands identified as provided in such section in exchange for all right,
title, and interest of the United States in and to National Forest
System land in the State for inclusion in the State trust lands.
(c) Valuation of Lands for Exchange.--Subdivision 4 of section 4 of
S.F No. 1750 (Chapter 236) of the Legislature of the State of Minnesota
(section 92.80 of the Minnesota Statutes) shall control for purposes of
the examination and value determination of the lands to be exchanged.
(d) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be exchanged under subsection (b) shall be
determined by a survey satisfactory to the Secretary. The State of
Minnesota shall be responsible for the costs of the survey and all
other administrative costs related to the land exchange.
(e) Boundaries and Management of Acquired Land.--
(1) Land acquired by secretary.--
(A) In general.--The land acquired by the Secretary
under subsection (b) shall be added to and administered
as part of the Boundary Waters Canoe Area Wilderness
established pursuant to section 3 of the Wilderness Act
(16 U.S.C. 1132(a)), and the Secretary shall modify the
boundaries of the wilderness area to reflect inclusion
of the acquired lands. Subject to subparagraph (B), the
land acquired by the Secretary shall be managed in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and other laws and regulations applicable to the
National Wilderness Preservation System.
(B) No affect on existing fishing and hunting
rights.--The acquisition of land by the United States
under subsection (b) and inclusion of the land in the
Boundary Waters Canoe Area Wilderness shall not alter
or otherwise affect--
(i) any fishing and hunting rights in
existence with respect to the land immediately
before the conveyance of the land to the United
States; or
(ii) the use of such rights after
conveyance.
(2) Land acquired by state.--The land acquired by the State
of Minnesota under subsection (b) shall be deemed to be State
trust lands and shall be held in trust for the benefit of the
public school system in the State. It is the sense of Congress
that, whenever the land acquired by the State of Minnesota
under subsection (b) is not being used for revenue-generating
activities, the State should make the land available for other
compatible uses, including hunting, fishing, hiking, biking,
snowmobiling, and trail riding.
(3) Boundaries of superior national forest.--The Secretary
shall modify the boundaries of the Superior National Forest to
reflect the land exchange conducted under this section.
(f) Relation to Other Laws.--
(1) Land and water conservation fund act.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Superior National
Forest, as modified by subsection (e)(3), shall be considered
to be boundaries of the Superior National Forest as of January
1, 1965.
(2) Not a major federal action.--The land exchange
conducted under this section shall not be considered to be a
major Federal action.
(g) No Impact on Other Land Exchanges.--The land exchange described
in subsection (b) does not affect any land exchange involving National
Forest System land in the State of Minnesota underway as of the date of
the enactment of this Act.
(h) Report.--If the Secretary fails to complete the land exchange
described in subsection (b) before the end of the one-year period
beginning on the date of the enactment of this Act, the Secretary shall
submit to Congress, not later than 30 days after the end of such
period, a report--
(1) specifying the reasons why the exchange has not been
completed; and
(2) stating the date by which the Secretary anticipates the
conveyance will be completed.
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DEBATE - Pursuant to the provisions of H.Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the McCollum amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the McCollum amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Ms. McCollum demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment.
DEBATE - At the conclusion of debate on the Holt amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Ellison amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Ellison amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Ellison demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
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UNFINISHED BUSINESS - The Chair announced the unfinished business was on adoption of amendments which were debated earlier and on which further proceedings were postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5544.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H5879-5880)
The previous question was ordered pursuant to the rule. (consideration: CR H5888)
Mr. Ellison moved to recommit with instructions to Natural Resources. (consideration: CR H5888-5890; text: CR H5888)
DEBATE - The House proceeded with 10 minutes of debate on the Ellison motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new provision to the bill prohibiting the Secretary of the Interior from exchanging land in Minnesota that, as of the date of the enactment of this Act, is used for hunting, fishing, or motorized recreation, including snowmobiling in season.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5889)
On motion to recommit with instructions Failed by recorded vote: 183 - 233 (Roll no. 567).
Roll Call #567 (House)Passed/agreed to in House: On passage Passed by recorded vote: 225 - 189 (Roll no. 568).
Roll Call #568 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 225 - 189 (Roll no. 568).
Roll Call #568 (House)Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.