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 Dakota, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gilt Edge Mine Con5 veyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means all right, title, and interest of the United 


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1 States in and to approximately 266 acres of Na2 tional Forest System land within the Gilt Edge Mine 

3 Superfund Boundary, as generally depicted on the 

4 map. 

5 (2) MAP.—The term ‘‘map’’ means the map en6 titled ‘‘Gilt Edge Mine Conveyance Act’’ and dated 

7 August 20, 2020. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Agriculture, acting through the 

10 Chief of the Forest Service. 

11 (4) STATE.—The term ‘‘State’’ means State of 

12 South Dakota. 

13 SEC. 3. LAND CONVEYANCE. 

14 (a) IN GENERAL.—Subject to the terms and condi15 tions described in this Act, if the State submits to the 

16 Secretary an offer to acquire the Federal land for the mar17 ket value, as determined by the appraisal under subsection 

18 (c), the Secretary shall convey the Federal land to the 

19 State. 

20 (b) TERMS AND CONDITIONS.—The conveyance 

21 under subsection (a) shall be— 

22 (1) subject to valid existing rights; 

23 (2) made by quitclaim deed; and 


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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 shall complete an ap7 praisal to determine the market value of the Federal 

8 land. 

9 (2) STANDARDS.—The appraisal under para10 graph (1) shall be conducted in accordance with— 

11 (A) the Uniform Appraisal Standards for 

12 Federal Land Acquisitions; and 

13 (B) the Uniform Standards of Professional 

14 Appraisal Practice. 

15 (d) MAP.— 

16 (1) AVAILABILITY OF MAP.—The map shall be 

17 kept on file and available for public inspection in the 

18 appropriate office of the Forest Service. 

19 (2) CORRECTION OF ERRORS.—The Secretary 

20 may correct any errors in the map. 

21 (e) CONSIDERATION.—As consideration for the con22 veyance under subsection (a), the State shall pay to the 

23 Secretary an amount equal to the market value of the Fed24 eral land, as determined by the appraisal under subsection 

25 (c). 


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1 (f) SURVEY.—The State shall prepare a survey that 

2 is satisfactory to the Secretary of the exact acreage and 

3 legal description of the Federal land to be conveyed under 

4 subsection (a). 

5 (g) COSTS OF CONVEYANCE.—As a condition on the 

6 conveyance under subsection (a), the State shall pay all 

7 costs associated with the conveyance, including the cost 

8 of— 

9 (1) the appraisal under subsection (c); and 

10 (2) the survey under subsection (f). 

11 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro12 ceeds received by the Secretary from the conveyance under 

13 subsection (a) shall be— 

14 (1) deposited in the fund established under 

15 Public Law 90–171 (commonly known as the ‘‘Sisk 

16 Act’’) (16 U.S.C. 484a); and 

17 (2) available to the Secretary until expended, 

18 without further appropriation, for the maintenance 

19 and improvement of land or administration facilities 

20 in the Black Hills National Forest in the State. 

21 (i) ENVIRONMENTAL CONDITIONS.—Notwith22 standing section 120(h)(3)(A) of the Comprehensive Envi23 ronmental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not 


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1 be required to provide any covenant or warranty for the 

2 Federal land conveyed to the State under this Act. 

Æ 


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