Gilt Edge Mine Conveyance Act

II 116TH CONGRESS 2D SESSION S. 4616 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 SEPTEMBER 17, 2020 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 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 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 8 means all right, title, and interest of the United 9 VerDate Sep 11 2014 02:27 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4616.IS S4616 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4616 IS States in and to approximately 266 acres of Na- 1 tional Forest System land within the Gilt Edge Mine 2 Superfund Boundary, as generally depicted on the 3 map. 4 (2) MAP.—The term ‘‘map’’ means the map en- 5 titled ‘‘Gilt Edge Mine Conveyance Act’’ and dated 6 August 20, 2020. 7 (3) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of Agriculture, acting through the 9 Chief of the Forest Service. 10 (4) STATE.—The term ‘‘State’’ means State of 11 South Dakota. 12 SEC. 3. LAND CONVEYANCE. 13 (a) IN GENERAL.—Subject to the terms and condi- 14 tions described in this Act, if the State submits to the 15 Secretary an offer to acquire the Federal land for the mar- 16 ket value, as determined by the appraisal under subsection 17 (c), the Secretary shall convey the Federal land to the 18 State. 19 (b) TERMS AND CONDITIONS.—The conveyance 20 under subsection (a) shall be— 21 (1) subject to valid existing rights; 22 (2) made by quitclaim deed; and 23 VerDate Sep 11 2014 02:27 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4616.IS S4616 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4616 IS (3) subject to any other terms and conditions 1 as the Secretary considers appropriate to protect the 2 interests of the United States. 3 (c) APPRAISAL.— 4 (1) IN GENERAL.—Before submitting an offer 5 under subsection (a), the State shall complete an ap- 6 praisal to determine the market value of the Federal 7 land. 8 (2) STANDARDS.—The appraisal under para- 9 graph (1) shall be conducted in accordance with— 10 (A) the Uniform Appraisal Standards for 11 Federal Land Acquisitions; and 12 (B) the Uniform Standards of Professional 13 Appraisal Practice. 14 (d) MAP.— 15 (1) AVAILABILITY OF MAP.—The map shall be 16 kept on file and available for public inspection in the 17 appropriate office of the Forest Service. 18 (2) CORRECTION OF ERRORS.—The Secretary 19 may correct any errors in the map. 20 (e) CONSIDERATION.—As consideration for the con- 21 veyance under subsection (a), the State shall pay to the 22 Secretary an amount equal to the market value of the Fed- 23 eral land, as determined by the appraisal under subsection 24 (c). 25 VerDate Sep 11 2014 02:27 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4616.IS S4616 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4616 IS (f) SURVEY.—The State shall prepare a survey that 1 is satisfactory to the Secretary of the exact acreage and 2 legal description of the Federal land to be conveyed under 3 subsection (a). 4 (g) COSTS OF CONVEYANCE.—As a condition on the 5 conveyance under subsection (a), the State shall pay all 6 costs associated with the conveyance, including the cost 7 of— 8 (1) the appraisal under subsection (c); and 9 (2) the survey under subsection (f). 10 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro- 11 ceeds received by the Secretary from the conveyance under 12 subsection (a) shall be— 13 (1) deposited in the fund established under 14 Public Law 90–171 (commonly known as the ‘‘Sisk 15 Act’’) (16 U.S.C. 484a); and 16 (2) available to the Secretary until expended, 17 without further appropriation, for the maintenance 18 and improvement of land or administration facilities 19 in the Black Hills National Forest in the State. 20 (i) ENVIRONMENTAL CONDITIONS.—Notwith- 21 standing section 120(h)(3)(A) of the Comprehensive Envi- 22 ronmental Response, Compensation, and Liability Act of 23 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not 24 VerDate Sep 11 2014 02:27 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4616.IS S4616 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4616 IS be required to provide any covenant or warranty for the 1 Federal land conveyed to the State under this Act. 2 Æ VerDate Sep 11 2014 02:27 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S4616.IS S4616 kjohnson on DSK79L0C42PROD with BILLS