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House Bill 1638
117th Congress(2021-2022)
Gilt Edge Mine Conveyance Act
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Passed House on Sep 29, 2022
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H. R. 1638 (Introduced-in-House)


117th CONGRESS
1st Session
H. R. 1638


To direct the Secretary of Agriculture to transfer certain National Forest System land to the State of South Dakota, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 8, 2021

Mr. Johnson of South Dakota introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To direct the Secretary of Agriculture to transfer certain National Forest System land to the State of South Dakota, 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 “Gilt Edge Mine Conveyance Act”.

SEC. 2. Definitions.

In this Act:

(1) FEDERAL LAND.—The term “Federal land” means all right, title, and interest of the United States in and to approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map.

(2) MAP.—The term “map” means the map entitled “Gilt Edge Mine Conveyance Act” and dated August 20, 2020.

(3) SECRETARY.—The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(4) STATE.—The term “State” means State of South Dakota.

SEC. 3. Land conveyance.

(a) In general.—Subject to the terms and conditions described in this Act, if the State submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under subsection (c), the Secretary shall convey the Federal land to the State.

(b) Terms and conditions.—The conveyance under subsection (a) shall be—

(1) subject to valid existing rights;

(2) made by quitclaim deed; and

(3) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(c) Appraisal.—

(1) IN GENERAL.—Before submitting an offer under subsection (a), the State shall complete an appraisal to determine the market value of the Federal land.

(2) STANDARDS.—The appraisal under paragraph (1) shall be conducted in accordance with—

(A) the Uniform Appraisal Standards for Federal Land Acquisitions; and

(B) the Uniform Standards of Professional Appraisal Practice.

(d) Map.—

(1) AVAILABILITY OF MAP.—The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.

(2) CORRECTION OF ERRORS.—The Secretary may correct any errors in the map.

(e) Consideration.—As consideration for the conveyance under subsection (a), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under subsection (c).

(f) Survey.—The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under subsection (a).

(g) Costs of conveyance.—As a condition on the conveyance under subsection (a), the State shall pay all costs associated with the conveyance, including the cost of—

(1) the appraisal under subsection (c); and

(2) the survey under subsection (f).

(h) Proceeds from the sale of land.—Any proceeds received by the Secretary from the conveyance under subsection (a) shall be—

(1) deposited in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a); and

(2) available to the Secretary until expended, without further appropriation, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State.

(i) Environmental conditions.—Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not be required to provide any covenant or warranty for the Federal land conveyed to the State under this Act.