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Sustainable Society:  A society that balances the environment, other life forms, and human interactions over an indefinite time period.

 

 

 

 

 

 

104TH CONGRESS
1ST SESSION

H. R. 1990

 

To provide for the exchange of certain lands in the Superior National Forest for certain lands owned by Cook County, Lake County, and St. Louis County, Minnesota, in the Boundary Water Canoe Area Wilderness.



IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1995


Mr. OBERSTAR introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

__________________

A BILL

To provide for the exchange of certain lands in the Superior National Forest for certain lands owned by Cook County, Lake County, and St. Louis County, Minnesota, in the Boundary Water Canoe Area Wilderness.

  1. Be it enacted by the Senate and House of Representa-
  2. tives of the United States of America in Congress assembled,
    3.
  3. SECTION 1. SHORT TITLE.
  4. This Act may be cited as the "Superior National For-
  5. est Resort Special Use Permit Land Exchange Act of
  6. 1995".

 

2

  1. SEC. 2. FINDINGS AND PURPOSES.
    2.
  2. (a) FINDINGS. —The Congress finds that to provide
  3. for the increased ownership, continued protection, en-
  4. hancement, and preservation of the natural values of the
  5. lakes, waterways, and associated forested areas within the
  6. Boundary Waters Canoe Area Wilderness, and to enable
  7. Cook County, Lake County, and St. Louis County, Min-
  8. nesota, to more effectively manage certain commercially
  9. developed lands in the Superior National Forest (and thus relieve
  10. the United States from the cost and responsibility
  11. for such management), an exchange of lands between the
  12. United States and such counties is in the public interest.
  13. (b) PURPOSE. —It is the purpose of this Act to pro-
  14. vide for the transfer of—
  15. (1) certain Federal lands within the Cook
  16. County portion of the Superior National Forest (ap-
  17. proximately 36.28 acres) to Cook County in ex-
  18. change for the transfer to Federal ownership of
  19. lands of equal value owned by Cook County in the
  20. Boundary Waters Canoe Area Wilderness;
  21. (2) certain Federal lands within the Lake
  22. County portion of the Superior National Forest (ap-
  23. proximately 20 acres) to Lake County in exchange
  24. for the transfer to Federal ownership of lands of
  25. equal value owned by Lake County in the Boundary
  26. Waters Canoe Area Wilderness; and

 

3

  1. (3) certain Federal lands within the St. Louis
  2. County portion of the Superior National Forest (ap-
  3. proximately 30.81 acres) to St. Louis County in ex-
  4. change for the transfer to Federal ownership of
  5. lands of equal value owned by St. Louis County in
  6. the Boundary Waters Canoe Area Wilderness.
  7. SEC. 3. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA
  8. WILDERNESS AND SUPERIOR NATIONAL FOR-
  9. EST, MINNESOTA.
    10.
  10. (a) ACCEPTANCE OF COUNTY LANDS. —The Sec-
  11. retary of Agriculture shall accept on behalf of the United
  12. States, fee title to certain selected Cook County, Lake
  13. County, and St. Louis County, Minnesota, lands and in-
  14. terests, respectively for each county, within the Boundary
  15. Waters Canoe Area Wilderness, consisting of all rights,
  16. excluding mineral interests reserved in the State of Min-
  17. nesota or by prior reservation in private parties, such
  18. lands to be selected by the Secretary from parcels de-
  19. scribed on the map entitled "Boundary Waters Canoe
  20. Area Wilderness-Additions", dated January 1992, hav-
  21. ing a market value equal to or greater than the National
  22. Forest System lands in each respective county as de-
  23. scribed in subsections (b), (c), and (d), in exchange for
  24. such National Forest System lands. Title may be conveyed
  25. by quit claim deed but must otherwise comply with the

 

4

  1. Department of Justice title standards as set forth in the
  2. "Standards for the Preparation of Title Evidence In Land
  3. Acquisitions by the United States".
  4. (b) CONVEYANCE OF FOREST SYSTEM LANDS TO
  5. COOK COUNTY. —(1) Upon acceptance by the Secretary of
  6. the Cook County lands and interests therein referred to
  7. in subsection (a), the Secretary shall convey to Cook
  8. County the four federally owned parcels of land within the
  9. boundaries of the Superior National Forest in Minnesota
  10. described in paragraph (2). The conveyance shall be sub-
  11. ject to valid existing rights and any deed restrictions and
  12. reservations as the Secretary may prescribe pursuant to
  13. section 4(c), as follows:
  14. (A) For lands which had been previously pat-
  15. ented from the United States, the Secretary shall
  16. convey such lands to Cook County by quit claim
  17. deed.
  18. (B) For lands which have never been previously
  19. patented, the Secretary of the Interior shall convey
  20. such lands by patent at the request of the Secretary.
  21. (2) The federally owned lands to be conveyed to Cook
  22. County pursuant to paragraph (1) are generally described
  23. as follows:
  24. (A) T 64N-R1W, Section 11, Parts of Lots 15
  25. and 17; Section 12, Parts of Lot 3, 4th P.M., as

 

5

  1. described in Special Use Permit to Bearskin
  2. Lodge-David Tuttle, including all lands lying be-
  3. tween the described parcel and the shores of East
  4. Bearskin Lake. Approximately 19.1 acres.
  5. (B) T64N-R1W, section 4, Part of Lots 10 and
  6. 11, 4th P.M., as described in Special Use Permit to
  7. Gateway Hungry Jack Lodge-Hungry Jack, Inc.,
  8. Gerald Parson, President, including all lands lying
  9. between the described parcel and the shores of Hun-
  10. gry Jack Lake. Approximately 6.42 acres.
  11. (C) T64N-R1W, Section 1, Part of Lot 19, 4th
  12. P.M., as described in Special Use Permit to Golden
  13. Eagle Lodge-Golden Eagle Lodge, Inc., including
  14. all lands lying between the described parcel and the
  15. shores of Flour Lake. Approximately 7.4 acres.
  16. (D) T62N-R4W, Section 7, Part of E1/2 SW1/4,
  17. 4th P.M., as described in Special Use Permit to
  18. Sawbil Canoe Outfitters-Frank & Mary Alice Han-
  19. sen. Approximately 3.36 acres.
  20. (c) CONVEYANCE OF FOREST SYSTEM LANDS TO
  21. LAKE COUNTY. —(l) Upon acceptance by the Secretary of
  22. the Lake County lands and interests therein referred to
  23. in subsection (a), the Secretary shall convey to Lake
  24. County the two federally owned parcels of land within the
  25. boundaries of the Superior National Forest in Minnesota

 

6

  1. described in paragraph (2). The conveyance shall be sub-
  2. ject to valid existing rights and any deed restrictions and
  3. reservations as the Secretary may prescribe pursuant to
  4. section 4(e), as follows:
  5. (A) For lands which had been previously pat-
  6. ented from the United States, the Secretary of Agri-
  7. culture shall convey such lands to Lake County by
  8. quit claim deed.
  9. (B) For lands which have never been previously
  10. patented, the Secretary of the Interior shall convey
  11. such lands by patent at the request of the Secretary
  12. of Agriculture.
  13. (2) The federally owned lands to be conveyed to Lake
  14. County pursuant to paragraph (1) are generally described
  15. as follows:
  16. (A) T61N-R11W, Section 30, Part of Lot 8,
  17. 4th P.M., as described in Special Use Permit to Vic-
  18. tor H. Gunderson, Sharon G. Gunderson and Greg-
  19. ory Gunderson, partners d/b/a Roaring Stony Re-
  20. sort, including all lands lying between the described
  21. parcel and the shores of Birch Lake. Approximately
  22. 3.70 acres.
  23. (B) T61N-R11W, Section 6, Part of Lot 10,
  24. 4th P.M., as described in Special Use Permit to Ste-
  25. ven L. Koschak and Mary Jane Koschak, d/b/a

 

7

  1. River Point Resort, including all lands. lying between
  2. the described parcel and the shore of Birch Lake.
  3. Approximately 16.3 acres.
  4. (d) CONVEYANCE OF FOREST SYSTEM LANDS TO ST.
  5. LOUIS COUNTY. —(1) Upon acceptance by the Secretary
  6. of the St. Louis County lands and interests therein re-
  7. ferred to in subsection (a), the Secretary shall convey to
  8. St. Louis Country the two federally owned parcels of land
  9. within the boundaries of the Superior National Forest in
  10. Minnesota described in paragraph (2). The conveyance
  11. shall be subject to valid existing rights and any deed re-
  12. strictions and reservations as the Secretary may prescribe
  13. pursuant to section 4(c), as follows:
  14. (A) For lands which had been previously pat-
  15. ented from the United States, the Secretary shall
  16. convey such lands to St. Louis County by quit claim
  17. deed.
  18. (B) For lands which have never been previously
  19. patented, the Secretary of the Interior shall convey
  20. such lands by patent at the request of the Secretary.
  21. (2) The federally owned lands to be conveyed to St.
  22. Louis County pursuant to paragraph (1) are generally de-
  23. scribed as follows:
  24. (A) T61N-R12W, Section 31, Part of Lot 7,
  25. 4th P.M., as described in Special Use Permit to

 

8

  1. John D. Rykken and Mayleann T. Rykken, d/b/a
  2. Timber Bay Lodge and Houseboats, including all
  3. lands lying between the described parcel and the
  4. shores of Birch Lake. Approximately 10.81 acres.
  5. (B) T65N-R13W, Section 28, Part of Lot 3,
  6. 4th P.M., as described in Special Use Permit to
  7. Garrett G. Alberts and Karen J. Alberts, d/b/a,/ Big
  8. Lake Wilderness Lodge, including all lands lying be-
  9. tween the described parcel and the shores of Big
  10. Lake. Approximately 20.00 acres.
  11. (e) OTHER ELEMENTS OF EXCHANGE. —The convey-
  12. ances required by subsections (b), (c), and (d) shall in-
  13. elude such easements as may be necessary for ingress,
  14. egress, and utilities between the conveyed property and the
  15. nearest State or county road. The property to be conveyed
  16. by the Secretary under such subsections shall be surveyed,
  17. monumented, and given legally acceptable descriptions by
  18. the Secretary prior to conveyance. Parcel descriptions
  19. shall include land sufficient to provide minimum 100 foot
  20. sideyard and 500 foot backyard setbacks from any build-
  21. ings or septic systems currently located on the premises.
  22. Additional land may be added by the Secretary in the Sec-
  23. retary's sole discretion to help facilitate the exchange, cre-
  24. ate more usable boundaries, or to create a more usable

 

9

  1. parcel for the currently permitted business operation on
  2. the parcel.
  3. SEC. 4. TERMS AND CONDITIONS.
    4.
  4. (a) EXPENSES. —The United States and Cook Coun-
  5. ty, Lake County, and St. Louis County, respectively, shall
  6. each bear the normal expenses associated with the convey-
  7. ance of their respective properties in executing the land
  8. exchange under section 3.
  9. (b) VALUATION. —The values of the national forest
  10. and county lands selected to be exchanged pursuant to this
  11. Act shall be determined by an independent fee appraisal
  12. to be approximately equal. The independent fee appraiser
  13. for land in each county shall be selected by agreement of
  14. the respective county and the Secretary, who shall share
  15. the cost of such respective appraisal equally.
  16. (c) DEED RESTRICTIONS AND RESERVATIONS. —The
  17. Secretary shall have full discretion to impose restrictions
  18. and reservations, including conservation easements, rea-
  19. sonably necessary in the deeds to the counties to accom-
  20. plish the following:
  21. (1) Protect the natural resource values of the
  22. National Forest System lands adjacent to the lands
  23. described in subsections (b), (c), and (d) of section
  24. 3 by the imposition of restrictions no greater than
  25. the following:

10

 
  1. New buildings constructed on the
  2. premises shall have setbacks as follows:
  3. (i) 100 feet from any lake or river.
  4. (ii) 50 feet from any side or back lot
  5. line or any road centerline.
  6. (B) Requiring a minimum lot size equal to
  7. the lesser of 5 acres or the size of the parcel
  8. conveyed.
  9. (C) Improvements on the premises shall be
  10. maintained in a good state of repair and the
  11. premises shall be kept clean and orderly. No ac-
  12. cumulation or dumping of trash or unsightly
  13. materials shall be permitted on the land. Any
  14. trash or refuse shall be disposed of as required
  15. by State or local laws and regulations.
  16. (D) Owners of the land and operators of
  17. any business thereon shall comply with all Fed-
  18. eral, State, and local laws and regulations ap-
  19. plicable to the land or any use thereof.
  20. (E) Any new or remodeled buildings, or
  21. additions thereto, shall be constructed and
  22. maintained on the premises in harmony
  23. with the color, design, and type of construction of
  24. buildings presently located on the lands.


11

 
  1. (F) No material shall be disposed of on the
  2. land by burning in open fires during any closed
  3. season established by law or regulation without
  4. a written permit as required by law or regula-
  5. tion.
  6. (G) No waste or by-product shall be dis-
  7. carded into any surface water or onto any land
  8. surface in violation of Federal, State, or local
  9. regulation.
  10. (H) The land shall not be used for any
  11. purpose other than single family residences, re-
  12. sorts, lodges, outfitters, and normal accessory
  13. uses.
  14. (2) Preserve any rights-of-way or easements
  15. reasonably necessary for public and administrative
  16. access to, and management of, adjacent National
  17. Forest System lands.
  18. (3) Preserve any archaeological sites or valid
  19. existing private property rights on the land.
  20. (d) MAP. —The map described in section 3 along with
  21. legal descriptions of all lands to be conveyed, shall be on
  22. file and available for public inspection in the office of the
  23. Chief of the Forest Service, United States Department of
  24. Agriculture. The maps and legal descriptions shall have
  25. the same force and effect as if included in the Act, except

 

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  1. that the Secretary may correct clerical and typographical
  2. errors.
 

 

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