Gilt Edge Mine Conveyance Act

II Calendar No. 524 117TH CONGRESS 2D SESSION H. R. 1638 IN THE SENATE OF THE UNITED STATES OCTOBER 11, 2022 Received; read twice and placed on the calendar AN ACT 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 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.PCS H1638 kjohnson on DSK79L0C42PROD with BILLS 2 HR 1638 PCS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Gilt Edge Mine Con- 2 veyance Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 6 means all right, title, and interest of the United 7 States in and to approximately 266 acres of Na- 8 tional Forest System land within the Gilt Edge Mine 9 Superfund Boundary, as generally depicted on the 10 map. 11 (2) MAP.—The term ‘‘map’’ means the map en- 12 titled ‘‘Gilt Edge Mine Conveyance Act’’ and dated 13 August 20, 2020. 14 (3) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Agriculture, acting through the 16 Chief of the Forest Service. 17 (4) STATE.—The term ‘‘State’’ means State of 18 South Dakota. 19 SEC. 3. LAND CONVEYANCE. 20 (a) IN GENERAL.—Subject to the terms and condi- 21 tions described in this Act, if the State submits to the 22 Secretary an offer to acquire the Federal land for the mar- 23 ket value, as determined by the appraisal under subsection 24 (c), the Secretary shall convey the Federal land to the 25 State. 26 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.PCS H1638 kjohnson on DSK79L0C42PROD with BILLS 3 HR 1638 PCS (b) TERMS AND CONDITIONS.—The conveyance 1 under subsection (a) shall be— 2 (1) subject to valid existing rights; 3 (2) made by quitclaim deed; and 4 (3) subject to any other terms and conditions 5 as the Secretary considers appropriate to protect the 6 interests of the United States. 7 (c) APPRAISAL.— 8 (1) IN GENERAL.—After the State submits an 9 offer under subsection (a), the Secretary shall com- 10 plete an appraisal to determine the market value of 11 the Federal land. 12 (2) STANDARDS.—The appraisal under para- 13 graph (1) shall be conducted in accordance with— 14 (A) the Uniform Appraisal Standards for 15 Federal Land Acquisitions; and 16 (B) the Uniform Standards of Professional 17 Appraisal Practice. 18 (d) MAP.— 19 (1) AVAILABILITY OF MAP.—The map shall be 20 kept on file and available for public inspection in the 21 appropriate office of the Forest Service. 22 (2) CORRECTION OF ERRORS.—The Secretary 23 may correct any errors in the map. 24 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.PCS H1638 kjohnson on DSK79L0C42PROD with BILLS 4 HR 1638 PCS (e) CONSIDERATION.—As consideration for the con- 1 veyance under subsection (a), the State shall pay to the 2 Secretary an amount equal to the market value of the Fed- 3 eral land, as determined by the appraisal under subsection 4 (c). 5 (f) SURVEY.—The State shall prepare a survey that 6 is satisfactory to the Secretary of the exact acreage and 7 legal description of the Federal land to be conveyed under 8 subsection (a). 9 (g) COSTS OF CONVEYANCE.—As a condition on the 10 conveyance under subsection (a), the State shall pay all 11 costs associated with the conveyance, including the cost 12 of— 13 (1) the appraisal under subsection (c); and 14 (2) the survey under subsection (f). 15 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro- 16 ceeds received by the Secretary from the conveyance under 17 subsection (a) shall be— 18 (1) deposited in the fund established under 19 Public Law 90–171 (commonly known as the ‘‘Sisk 20 Act’’) (16 U.S.C. 484a); and 21 (2) available to the Secretary, only to the extent 22 and in the amount provided in advance in appropria- 23 tions Acts, for the maintenance and improvement of 24 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.PCS H1638 kjohnson on DSK79L0C42PROD with BILLS 5 HR 1638 PCS land or administration facilities in the Black Hills 1 National Forest in the State. 2 (i) ENVIRONMENTAL CONDITIONS.—Notwith- 3 standing section 120(h)(3)(A) of the Comprehensive Envi- 4 ronmental Response, Compensation, and Liability Act of 5 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not 6 be required to provide any covenant or warranty for the 7 Federal land conveyed to the State under this Act. 8 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 9 The budgetary effects of this Act, for the purpose of 10 complying with the Statutory Pay-As-You-Go Act of 2010, 11 shall be determined by reference to the latest statement 12 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 13 Act, submitted for printing in the Congressional Record 14 by the Chairman of the House Budget Committee, pro- 15 vided that such statement has been submitted prior to the 16 vote on passage. 17 Passed the House of Representatives September 29, 2022. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.PCS H1638 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 524 117TH CONGRESS 2D SESSION H. R. 1638 AN ACT To direct the Secretary of Agriculture to transfer certain National Forest System land to the State of South Dakota, and for other purposes. OCTOBER 11, 2022 Received; read twice and placed on the calendar VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1638.PCS H1638 kjohnson on DSK79L0C42PROD with BILLS