I 

117TH CONGRESS 

1ST SESSION H. R. 1638 

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 

MARCH 8, 2021 

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 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 

10 States in and to approximately 266 acres of NaVerDate Sep 11 2014 01:00 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.IH H1638

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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 en5 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 condi14 tions described in this Act, if the State submits to the 

15 Secretary an offer to acquire the Federal land for the mar16 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 (3) subject to any other terms and conditions 

24 as the Secretary considers appropriate to protect the 

25 interests of the United States. 


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1 (c) APPRAISAL.— 

2 (1) IN GENERAL.—Before submitting an offer 

3 under subsection (a), the State shall complete an ap4 praisal to determine the market value of the Federal 

5 land. 

6 (2) STANDARDS.—The appraisal under para7 graph (1) shall be conducted in accordance with— 

8 (A) the Uniform Appraisal Standards for 

9 Federal Land Acquisitions; and 

10 (B) the Uniform Standards of Professional 

11 Appraisal Practice. 

12 (d) MAP.— 

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

14 kept on file and available for public inspection in the 

15 appropriate office of the Forest Service. 

16 (2) CORRECTION OF ERRORS.—The Secretary 

17 may correct any errors in the map. 

18 (e) CONSIDERATION.—As consideration for the con19 veyance under subsection (a), the State shall pay to the 

20 Secretary an amount equal to the market value of the Fed21 eral land, as determined by the appraisal under subsection 

22 (c). 

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

24 is satisfactory to the Secretary of the exact acreage and 


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1 legal description of the Federal land to be conveyed under 

2 subsection (a). 

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

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

5 costs associated with the conveyance, including the cost 

6 of— 

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

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

9 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro10 ceeds received by the Secretary from the conveyance under 

11 subsection (a) shall be— 

12 (1) deposited in the fund established under 

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

14 Act’’) (16 U.S.C. 484a); and 

15 (2) available to the Secretary until expended, 

16 without further appropriation, for the maintenance 

17 and improvement of land or administration facilities 

18 in the Black Hills National Forest in the State. 

19 (i) ENVIRONMENTAL CONDITIONS.—Notwith20 standing section 120(h)(3)(A) of the Comprehensive Envi21 ronmental Response, Compensation, and Liability Act of 

22 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not 

23 be required to provide any covenant or warranty for the 

24 Federal land conveyed to the State under this Act. 

Æ 


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