II Calendar No. 252 117TH CONGRESS 2D SESSION S. 569 [Report No. 117–55] 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 SENATE OF THE UNITED STATES MARCH 3, 2021 Mr. THUNE (for himself and Mr. ROUNDS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources JANUARY 19 (legislative day, JANUARY 18), 2022 Reported by Mr. MANCHIN, with an amendment [Omit the part struck through and insert the part printed in italic] A BILL To direct the Secretary of Agriculture to transfer certain National Forest System land to the State of South Da- kota, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gilt Edge Mine Con- 4 veyance Act’’. 5 VerDate Sep 11 2014 02:27 Jan 20, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S569.RS S569 kjohnson on DSK79L0C42PROD with BILLS 2 •S 569 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 3 means all right, title, and interest of the United 4 States in and to approximately 266 acres of Na- 5 tional Forest System land within the Gilt Edge Mine 6 Superfund Boundary, as generally depicted on the 7 map. 8 (2) MAP.—The term ‘‘map’’ means the map en- 9 titled ‘‘Gilt Edge Mine Conveyance Act’’ and dated 10 August 20, 2020. 11 (3) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Agriculture, acting through the 13 Chief of the Forest Service. 14 (4) STATE.—The term ‘‘State’’ means State of 15 South Dakota. 16 SEC. 3. LAND CONVEYANCE. 17 (a) IN GENERAL.—Subject to the terms and condi- 18 tions described in this Act, if the State submits to the 19 Secretary an offer to acquire the Federal land for the mar- 20 ket value, as determined by the appraisal under subsection 21 (c), the Secretary shall convey the Federal land to the 22 State. 23 (b) TERMS AND CONDITIONS.—The conveyance 24 under subsection (a) shall be— 25 (1) subject to valid existing rights; 26 VerDate Sep 11 2014 02:27 Jan 20, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S569.RS S569 kjohnson on DSK79L0C42PROD with BILLS 3 •S 569 RS (2) made by quitclaim deed; and 1 (3) subject to any other terms and conditions 2 as the Secretary considers appropriate to protect the 3 interests of the United States. 4 (c) APPRAISAL.— 5 (1) IN GENERAL.—Before submitting an offer 6 under subsection (a), the State After the State sub- 7 mits an offer under subsection (a), the Secretary shall 8 complete an appraisal to determine the market value 9 of the Federal land. 10 (2) STANDARDS.—The appraisal under para- 11 graph (1) shall be conducted in accordance with— 12 (A) the Uniform Appraisal Standards for 13 Federal Land Acquisitions; and 14 (B) the Uniform Standards of Professional 15 Appraisal Practice. 16 (d) MAP.— 17 (1) AVAILABILITY OF MAP.—The map shall be 18 kept on file and available for public inspection in the 19 appropriate office of the Forest Service. 20 (2) CORRECTION OF ERRORS.—The Secretary 21 may correct any errors in the map. 22 (e) CONSIDERATION.—As consideration for the con- 23 veyance under subsection (a), the State shall pay to the 24 Secretary an amount equal to the market value of the Fed- 25 VerDate Sep 11 2014 02:27 Jan 20, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S569.RS S569 kjohnson on DSK79L0C42PROD with BILLS 4 •S 569 RS eral land, as determined by the appraisal under subsection 1 (c). 2 (f) SURVEY.—The State shall prepare a survey that 3 is satisfactory to the Secretary of the exact acreage and 4 legal description of the Federal land to be conveyed under 5 subsection (a). 6 (g) COSTS OF CONVEYANCE.—As a condition on the 7 conveyance under subsection (a), the State shall pay all 8 costs associated with the conveyance, including the cost 9 of— 10 (1) the appraisal under subsection (c); and 11 (2) the survey under subsection (f). 12 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro- 13 ceeds received by the Secretary from the conveyance under 14 subsection (a) shall be— 15 (1) deposited in the fund established under 16 Public Law 90–171 (commonly known as the ‘‘Sisk 17 Act’’) (16 U.S.C. 484a); and 18 (2) available to the Secretary until expended, 19 without further appropriation, for the maintenance 20 and improvement of land or administration facilities 21 in the Black Hills National Forest in the State. 22 (i) ENVIRONMENTAL CONDITIONS.—Notwith- 23 standing section 120(h)(3)(A) of the Comprehensive Envi- 24 ronmental Response, Compensation, and Liability Act of 25 VerDate Sep 11 2014 02:27 Jan 20, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S569.RS S569 kjohnson on DSK79L0C42PROD with BILLS 5 •S 569 RS 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not 1 be required to provide any covenant or warranty for the 2 Federal land conveyed to the State under this Act. 3 VerDate Sep 11 2014 02:27 Jan 20, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S569.RS S569 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 252 117TH CONGRESS 2D SESSION S. 569 [Report No. 117–55] 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. JANUARY 19 (legislative day, JANUARY 18), 2022 Reported with an amendment VerDate Sep 11 2014 02:27 Jan 20, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S569.RS S569 kjohnson on DSK79L0C42PROD with BILLS