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 Dakota, and for other purposes.
Short title
This Act may be cited as the Gilt Edge Mine Conveyance Act
.
Definitions
In this Act:
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.
Map
The term map means the map entitled Gilt Edge Mine Conveyance Act
and dated August 20, 2020.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
State
The term State means State of South Dakota.
Land conveyance
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.
Terms and conditions
The conveyance under subsection (a) shall be—
subject to valid existing rights;
made by quitclaim deed; and
subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Appraisal
In general
After the State submits an offer under subsection (a), the Secretary shall complete an appraisal to determine the market value of the Federal land.
Standards
The appraisal under paragraph (1) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Map
Availability of map
The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.
Correction of errors
The Secretary may correct any errors in the map.
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).
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).
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—
the appraisal under subsection (c); and
the survey under subsection (f).
Proceeds from the sale of land
Any proceeds received by the Secretary from the conveyance under subsection (a) shall be—
deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act
) (16 U.S.C. 484a); and
available to the Secretary, only to the extent and in the amount provided in advance in appropriations Acts, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State.
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.
Determination of budgetary effects
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Passed the House of Representatives September 29, 2022.
Cheryl L. Johnson,
Clerk.
October 11, 2022
Received; read twice and placed on the calendar