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I
116TH CONGRESS
2D SESSION
H. R. 8299
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
SEPTEMBER 17, 2020
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 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Gilt Edge Mine Con-
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veyance Act’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) FEDERAL LAND.—The term ‘‘Federal land’’
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means all right, title, and interest of the United
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States in and to approximately 266 acres of Na-
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tional Forest System land within the Gilt Edge Mine
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Superfund Boundary, as generally depicted on the
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map.
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(2) MAP.—The term ‘‘map’’ means the map en-
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titled ‘‘Gilt Edge Mine Conveyance Act’’ and dated
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August 20, 2020.
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(3) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of Agriculture, acting through the
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Chief of the Forest Service.
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(4) STATE.—The term ‘‘State’’ means State of
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South Dakota.
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SEC. 3. LAND CONVEYANCE.
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(a) IN GENERAL.—Subject to the terms and condi-
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tions described in this Act, if the State submits to the
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Secretary an offer to acquire the Federal land for the mar-
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ket value, as determined by the appraisal under subsection
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(c), the Secretary shall convey the Federal land to the
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State.
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(b) TERMS
AND
CONDITIONS.—The conveyance
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under subsection (a) shall be—
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(1) subject to valid existing rights;
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(2) made by quitclaim deed; and
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(3) subject to any other terms and conditions
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as the Secretary considers appropriate to protect the
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interests of the United States.
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•HR 8299 IH
(c) APPRAISAL.—
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(1) IN GENERAL.—Before submitting an offer
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under subsection (a), the State shall complete an ap-
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praisal to determine the market value of the Federal
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land.
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(2) STANDARDS.—The appraisal under para-
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graph (1) shall be conducted in accordance with—
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(A) the Uniform Appraisal Standards for
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Federal Land Acquisitions; and
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(B) the Uniform Standards of Professional
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Appraisal Practice.
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(d) MAP.—
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(1) AVAILABILITY OF MAP.—The map shall be
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kept on file and available for public inspection in the
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appropriate office of the Forest Service.
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(2) CORRECTION OF ERRORS.—The Secretary
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may correct any errors in the map.
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(e) CONSIDERATION.—As consideration for the con-
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veyance under subsection (a), the State shall pay to the
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Secretary an amount equal to the market value of the Fed-
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eral land, as determined by the appraisal under subsection
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(c).
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(f) SURVEY.—The State shall prepare a survey that
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is satisfactory to the Secretary of the exact acreage and
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legal description of the Federal land to be conveyed under
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subsection (a).
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(g) COSTS OF CONVEYANCE.—As a condition on the
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conveyance under subsection (a), the State shall pay all
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costs associated with the conveyance, including the cost
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of—
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(1) the appraisal under subsection (c); and
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(2) the survey under subsection (f).
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(h) PROCEEDS FROM THE SALE OF LAND.—Any pro-
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ceeds received by the Secretary from the conveyance under
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subsection (a) shall be—
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(1) deposited in the fund established under
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Public Law 90–171 (commonly known as the ‘‘Sisk
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Act’’) (16 U.S.C. 484a); and
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(2) available to the Secretary until expended,
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without further appropriation, for the maintenance
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and improvement of land or administration facilities
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in the Black Hills National Forest in the State.
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(i) ENVIRONMENTAL CONDITIONS.—Notwithstand-
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ing section 120(h)(3)(A) of the Comprehensive Environ-
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mental Response, Compensation, and Liability Act of
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1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not
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be required to provide any covenant or warranty for the
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Federal land conveyed to the State under this Act.
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Æ
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