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Another attempt to end run the 1964 Wilderness Act is being opposed by Rep. Roger Skraba (R-Ely).
The Forest Service and the MN DNR announced last week plans to have the 80,000 acres of state land within the BWCA sold to the federal government.
The state would get onetime monies for the sale of the land in the BWCA, but no purchase price was announced. Previously, a land swap had been considered where the state would get lands to develop outside the BWCA. A sale of the land would happen by 2026.
Skraba says not so fast.
“Public law 88-577 specifically states that the state land within the Boundary Waters Canoe Area must be traded acre per acre outside of the designated area of the Boundary Waters Canoe Area,” said Skraba.
He said there have been plans previously drawn up to take the state owned lands in the BWCA and trade them for federal lands that can then generate monies for the state forever. He opposes a onetime sale.
“There has been land identified in the Superior National Forest and the Chippewa. That land could be traded
Public Law 88-577 88th Congress, S. 4 Sept. 3, 1964: Sec. 5. (a) …the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of Agriculture.
from the federal National Forest system to the state,” said Skraba. “That would open up school trust lands. There are plenty of areas outside of the Boundary Waters that we could swap and the school trust land would then for perpetuity offer logging, natural resources for hunting and fishing also for mining if needed.”
The key, according to Skraba is to not short-change the state’s future revenues.
“It’s forever that money will just keep going into the fund it’s not a one and done. That was the intent of the 1964 Wilderness Act was for the state not to lose any land. Why people don’t want to follow the federal law? It makes no sense to me why we’re not doing that,” said Skraba.
The plan to sell the land replaces a plan introduced in 2012 that would have seen the state give the land to the federal government in exchange for federal land outside the BWCAW that the state would then use as school trust land.
According to the Forest Service, in the new proposal, the DNR would remove the school trust designation from approximately 80,000 acres of state lands within the BWCAW. The federal government would then purchase those lands from the DNR using federal Land and Water Conservation Funds.
“The resolution of this longstanding land management issue is a major win for Minnesota’s public school students,” said Aaron Vande Linde, Minnesota Office of School Trust Lands director. “The project’s culmination will result in millions of dollars deposited into the Permanent School Fund. This investment will support the state’s public education system in perpetuity, fulfilling our fiduciary duty to ensure that both current and future beneficiaries receive maximum economic returns from school trust assets.”
Friends of the Boundary Waters Wilderness and Save the Boundary Waters each issued statements Friday hailing the decision to sell rather than exchange the land.
“ We a re ext remely pleased about this announcement,” said Pete Marshall, communications director with Friends of the Boundary Waters Wilderness. “This is a solution that protects the wilderness, maintains public access, and resolves a long-standing issue without compromising the Superior National Forest. It’s a win for conservation, for people, and the integrity of our public lands.”
Skraba said the federal law stands in the way of the sale plan and he is building support to oppose what the government agencies have tried this time.
“Their attorneys say that we don’t need legislative action to do this. As a legislator and as someone who writes the laws I disagree with whoever the lawyers are. I think it’s pretty clear what the federal law says.”
Coming to the end of a presidential term has generated last minute political moves in the past decade. Skraba said this is more of the same.
“The powers that were around in 1964 when this happened knew that the land outside the Boundary Waters should be transferred to the state so that the state has perpetual use for the school trust. Now the lawyers that are saying no you don’t, we could just do this. They’re doing it now because they’re fearful that this can come true after the election,” said Skraba.
He said tribal support for this plan wasn’t a surprise.
“The tribes feel that as long as their treaty is with the federal government they have say on the federal lands. If the state gets more lands they feel they have no power.
“We’ve we have worked many, many, many times with tribes to help solve their issues. If that is their concern, then when we swap the land we work with them to ensure them that they have a place at the table to communicate issues,” said Skraba.
The head of the Superior National Forest and the DNR have signed off on the proposed sale plan.
“The purchase of these lands will help reduce administrative issues the state and the Forest Service have faced for a long time,” said Tom Hall, forest supervisor, Superior National Forest.
“This important land transaction ensures that the DNR can fulfill its fiduciary responsibility to the school trust,” DNR commissioner Sarah Strommen said. “We are pleased to work with the U.S. Forest Service and The Conservation Fund to remove school trust lands from within the BWCAW and acquire forest lands outside the wilderness for the public.”
