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. 

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


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HR 1638 PCS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gilt Edge Mine Con3 veyance Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

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

8 States in and to approximately 266 acres of Na9 tional Forest System land within the Gilt Edge Mine 

10 Superfund Boundary, as generally depicted on the 

11 map. 

12 (2) MAP.—The term ‘‘map’’ means the map en13 titled ‘‘Gilt Edge Mine Conveyance Act’’ and dated 

14 August 20, 2020. 

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

16 the Secretary of Agriculture, acting through the 

17 Chief of the Forest Service. 

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

19 South Dakota. 

20 SEC. 3. LAND CONVEYANCE. 

21 (a) IN GENERAL.—Subject to the terms and condi22 tions described in this Act, if the State submits to the 

23 Secretary an offer to acquire the Federal land for the mar24 ket value, as determined by the appraisal under subsection 

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

26 State. 


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HR 1638 PCS

1 (b) TERMS AND CONDITIONS.—The conveyance 

2 under subsection (a) shall be— 

3 (1) subject to valid existing rights; 

4 (2) made by quitclaim deed; and 

5 (3) subject to any other terms and conditions 

6 as the Secretary considers appropriate to protect the 

7 interests of the United States. 

8 (c) APPRAISAL.— 

9 (1) IN GENERAL.—After the State submits an 

10 offer under subsection (a), the Secretary shall com11 plete an appraisal to determine the market value of 

12 the Federal land. 

13 (2) STANDARDS.—The appraisal under para14 graph (1) shall be conducted in accordance with— 

15 (A) the Uniform Appraisal Standards for 

16 Federal Land Acquisitions; and 

17 (B) the Uniform Standards of Professional 

18 Appraisal Practice. 

19 (d) MAP.— 

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

21 kept on file and available for public inspection in the 

22 appropriate office of the Forest Service. 

23 (2) CORRECTION OF ERRORS.—The Secretary 

24 may correct any errors in the map. 


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HR 1638 PCS

1 (e) CONSIDERATION.—As consideration for the con2 veyance under subsection (a), the State shall pay to the 

3 Secretary an amount equal to the market value of the Fed4 eral land, as determined by the appraisal under subsection 

5 (c). 

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

7 is satisfactory to the Secretary of the exact acreage and 

8 legal description of the Federal land to be conveyed under 

9 subsection (a). 

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

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

12 costs associated with the conveyance, including the cost 

13 of— 

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

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

16 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro17 ceeds received by the Secretary from the conveyance under 

18 subsection (a) shall be— 

19 (1) deposited in the fund established under 

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

21 Act’’) (16 U.S.C. 484a); and 

22 (2) available to the Secretary, only to the extent 

23 and in the amount provided in advance in appropria24 tions Acts, for the maintenance and improvement of 


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HR 1638 PCS

1 land or administration facilities in the Black Hills 

2 National Forest in the State. 

3 (i) ENVIRONMENTAL CONDITIONS.—Notwith4 standing section 120(h)(3)(A) of the Comprehensive Envi5 ronmental Response, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not 

7 be required to provide any covenant or warranty for the 

8 Federal land conveyed to the State under this Act. 

9 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 

10 The budgetary effects of this Act, for the purpose of 

11 complying with the Statutory Pay-As-You-Go Act of 2010, 

12 shall be determined by reference to the latest statement 

13 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

14 Act, submitted for printing in the Congressional Record 

15 by the Chairman of the House Budget Committee, pro16 vided that such statement has been submitted prior to the 

17 vote on passage. 

Passed the House of Representatives September 29, 

2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 524 

117TH CONGRESS 

2D SESSION H. R. 1638 

AN ACT 

To direct the Secretary of Agriculture to transfer 

of South Dakota, and for other purposes. certain National Forest System land to the State 

OCTOBER 11, 2022 

Received; read twice and placed on the calendar 


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