H.R. 3937 explained · 119th Congress · Pending in Congress
Wabeno Economic Development Act
Cosponsors: none · per Congress.gov, 2026-10-15
Introduced: 2025-06-11
Latest action (2026-07-23): Placed on Senate Legislative Calendar under General Orders. Calendar No. 494.
What H.R. 3937 does, in plain terms
Wabeno Economic Development Act This bill requires the Forest Service to convey approximately 14 acres of federal land, including the mineral rights, in the Chequamegon-Nicolet National Forest, Wisconsin, to Tony's Wabeno Redi-Mix, LLC, upon receiving an offer to buy the land for market value. The Forest Service must complete an appraisal to determine the market value of the land, and the offer must be received within 180 days after federal approval of such appraisal. Tony's Wabeno Redi-Mix, LLC, must pay an amount equal to the market value of the land and all associated costs as a condition of conveyance. Additionally, the Department of the Interior must publish a comprehensive review of the federal permitting processes for the development of stone, sand, and gravel on federal lands.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
Constitutional disposal of a small federal parcel at market value under the Property Clause, with no rights infringement, no taking, and movement of control toward private and local hands.
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✓ Passes · Enumerated powers
Congress has explicit authority under Article IV, Section 3, Clause 2, the Property Clause, to dispose of and make needful rules respecting territory and other property belonging to the United States. Directing the Forest Service to convey 14 acres in the Chequamegon-Nicolet National Forest at appraised market value, and directing the Department of the Interior to review permitting under Article I… -
✓ Passes · Bill of Rights
No provision of the First through Tenth Amendments is infringed. The bill does not restrict speech, religion, press, assembly under the First Amendment, does not implicate arms under the Second Amendment, does not authorize search, seizure or surveillance under the Fourth Amendment, and does not take private property for public use. Instead it disposes of public property to a private buyer through… -
✓ Passes · Individual sovereignty
The bill does not restrict what a person may do with their own person, property, speech, labor, or belief. It expands private control by transferring federal land with mineral rights to a private firm through a voluntary purchase, with no mandate, prohibition, or compelled conduct imposed on the general public. -
✓ Passes · Decentralization
The action moves control downward, not upward, under the Tenth Amendment. (1) An individual business can operate a stone, sand and gravel site without federal ownership. (2) A local community in Wisconsin can regulate and benefit from local economic activity. (3) The state of Wisconsin can handle land use and permitting. (4) The bill does not consolidate power at a higher level; it disposes of 14 … -
✓ Passes · Due process and takings
No violation of the Fifth Amendment Due Process or Takings Clause. There is fair notice through statute, a market-value appraisal, payment of value plus costs as a condition of conveyance, and a 180-day offer window. No private property is seized without compensation and no hearing right is bypassed; the purchaser pays just value and the United States receives value for public land.
Sources: Congress.gov: HR 3937 summary
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