Lake Winnibigoshish Land Exchange Act of 2025
Officially: “Lake Winnibigoshish Land Exchange Act of 2025” Read the full text
What it does
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1Short title
This section would give the Act the short title "Lake Winnibigoshish Land Exchange Act of 2025."
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1. Short title This Act may be cited as the Lake Winnibigoshish Land Exchange Act of 2025 .
2Definitions
This section would define the terms used in the Act. "BWLT" would mean Big Winnie Land and Timber, LLC, a Minnesota limited liability corporation. "Map" would mean the map titled "Heig Land Exchange" and dated December 14, 2023. "Federal land" would mean about 17.5 acres of federal land in Itasca County, Minnesota, shown as the Federal Parcel on the map. "Non-Federal land" would mean about 36.7 acres of non-federal land in Itasca County, Minnesota, shown as the Non-Federal Parcel on the map. "Secretary" would mean the Secretary of Agriculture, acting through the Chief of the Forest Service.
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2. Definitions In this Act: (1) BWLT The term BWLT means Big Winnie Land and Timber, LLC, a Minnesota Limited Liability Corporation. (2) Map The term Map means the map entitled Heig Land Exchange and dated December 14, 2023. (3) Federal land The term Federal land means the approximately 17.5 acres of Federal land in Itasca County, Minnesota, generally depicted as the Federal Parcel on the Map. (4) Non-Federal land The term non-Federal land means the approximately 36.7 acres of non-Federal land in Itasca County, Minnesota, generally depicted as the Non-Federal Parcel on the Map. (5) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
3Exchange of land
This section would authorize a land exchange between the United States and BWLT. If BWLT offers to convey the non-federal land to the United States, the Secretary would have to, within 1 year after that offer is made, accept the offer, convey to BWLT all of the United States' right, title, and interest in the federal land (while keeping an easement for road access to National Forest System land west of the Federal Parcel), and accept from BWLT all of BWLT's right, title, and interest in the non-federal land. The exchange would be conditioned on all of the following: the Secretary approving title to the non-federal land under the title-sufficiency standard described below; a cash equalization payment from BWLT to the United States if appraisals show the federal land is worth more than the non-federal land; BWLT completing a Phase I Environmental Site Assessment and giving it to the Secretary before the United States accepts the non-federal parcel; the exchange remaining subject to valid existing rights; and any other terms and conditions the Secretary decides are appropriate. The exchange would have to be for equal value, or the values would have to be equalized with a cash payment, except that if the appraised value of the non-federal land exceeds the appraised value of the federal land, the cash equalization payment the United States would otherwise owe BWLT is waived, and the amount waived would be treated as a donation from BWLT to the United States for all purposes of law. The value of both parcels would be set by appraisals from an independent, qualified appraiser chosen by mutual agreement of the Secretary and BWLT, done in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. Title to the non-federal land conveyed to the United States would have to be found sufficient by the Secretary under section 3111 of title 40, United States Code. The non-federal land the United States acquires would be added to, and managed as part of, the Chippewa National Forest, following the laws, rules, and regulations that apply to National Forest System land. As soon as practicable after enactment, the Secretary would finalize the map and the legal descriptions of the land to be conveyed; if the map and a legal description conflict, the map would control; the Secretary and BWLT could, by mutual agreement, correct minor errors in the map or legal descriptions, including parcel boundaries; and the map and legal descriptions would be kept on file and available for public inspection at Forest Service offices. BWLT would have to pay all closing costs of the exchange, including title insurance and title search, any inspection, escrow, attorney, and recording fees, and any environmental analysis or resource survey required by federal law, regulation, or policy, including the Phase I Environmental Site Assessment. The exact acreages and legal descriptions of both parcels would be set by surveys satisfactory to the Secretary, and BWLT would pay all costs of those surveys.
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3. Exchange of land (a) Exchange authorized Subject to the provisions of this Act, if BWLT offers to convey the non-Federal land to the United States, the Secretary shall, not later than 1 year after the date on which such offer is made— (1) accept the offer; (2) convey to BWLT all right, title, and interest of the United States in and to the Federal land, excepting and reserving an easement for road access to National Forest System land west of the Federal Parcel; and (3) accept from BWLT all right, title, and interest of BWLT in and to the non-Federal land. (b) Requirements The exchange under subsection (a) shall be— (1) conditioned on title approval for the non-Federal land by the Secretary in accordance with subsection (e); (2) conditioned on a cash equalization payment made by BWLT to the United States in accordance with subsection (c) if, under the appraisals conducted in accordance with this Act, it is determined that the value of the Federal land exceeds the value of the non-Federal land; (3) conditioned on the satisfactory completion of a Phase I Environmental Site Assessment by BWLT, provided to the Secretary, in advance of the acceptance of the non-Federal parcel; (4) subject to valid existing rights; and (5) subject to any other terms and conditions the Secretary determines appropriate. (c) Equal value and cash equalization (1) In general Except as provided in paragraph (2), the exchange under subsection (a) shall be for equal value or the values shall be equalized by a cash payment. (2) Exception Notwithstanding any other provision of law, if the appraised value of the non-Federal land to be conveyed to the United States exceeds the appraised value of the Federal land, a cash equalization payment by the United States to BWLT is hereby waived and the amount of such waived payment shall be considered a donation by BWLT to the United States for all purposes of law. (d) Appraisals (1) In general The value of the land to be exchanged under this Act shall be determined by appraisals conducted by an independent and qualified appraiser mutually agreed to by the Secretary and BWLT. (2) Appraisal standards The Secretary shall complete appraisals of the land to be exchanged under this Act in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (e) Format Title to the non-Federal land to be conveyed to the United States under this Act shall be found sufficient by the Secretary pursuant to section 3111 of title 40, United States Code. (f) Management of acquired land The non-Federal land acquired by the United States under subsection (a) shall be— (1) added to, and managed as part of, the Chippewa National Forest; and (2) managed in accordance with the laws, rules, and regulations pertaining to National Forest System lands. (g) Map and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the Map and legal descriptions of all land to be conveyed under this Act. (2) Controlling document In the case of a discrepancy between the Map and a legal description, the Map shall control. (3) Corrections The Secretary and BWLT, by mutual agreement, may correct any minor errors in the Map or in the legal descriptions, including with respect to the boundaries of the Federal land and the non-Federal land. (4) Map on file The Map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service. (h) Closing costs As a condition for the exchange under subsection (a), BWLT shall pay all closing costs associated with the exchange, including for— (1) title insurance and title search; (2) any applicable inspection fees, escrow fees, attorneys fees, and recording fees; and (3) any environmental analysis or resource survey required under Federal law, regulation, or policy, including a Phase I Environmental Site Assessment of the non-Federal land. (i) Survey (1) In general The exact acreages and legal descriptions of the Federal and non-Federal land to be exchanged under subsection (a) shall be determined by surveys satisfactory to the Secretary. (2) Costs of survey BWLT shall bear all costs associated with the surveys under paragraph (1). Passed the House of Representatives January 21, 2025. Kevin F. McCumber, Clerk.
Where it is
In the House.