IB 

Union Calendar No. 377 

117TH CONGRESS 

2D SESSION H. R. 1638 

[Report No. 117–502] 

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 

SEPTEMBER 28, 2022 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 8, 2021] 


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•HR 1638 RH

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. 


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•HR 1638 RH

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 Convey5 ance 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 National 

11 Forest System land within the Gilt Edge Mine Super12 fund Boundary, as generally depicted on the map. 

13 (2) MAP.—The term ‘‘map’’ means the map enti14 tled ‘‘Gilt Edge Mine Conveyance Act’’ and dated Au15 gust 20, 2020. 

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

17 the Secretary of Agriculture, acting through the Chief 

18 of the Forest Service. 

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

20 South Dakota. 

21 SEC. 3. LAND CONVEYANCE. 

22 (a) IN GENERAL.—Subject to the terms and conditions 

23 described in this Act, if the State submits to the Secretary 

24 an offer to acquire the Federal land for the market value, 


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1 as determined by the appraisal under subsection (c), the 

2 Secretary shall convey the Federal land to the State. 

3 (b) TERMS AND CONDITIONS.—The conveyance under 

4 subsection (a) shall be— 

5 (1) subject to valid existing rights; 

6 (2) made by quitclaim deed; and 

7 (3) subject to any other terms and conditions as 

8 the Secretary considers appropriate to protect the in9 terests of the United States. 

10 (c) APPRAISAL.— 

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

12 offer under subsection (a), the Secretary shall com13 plete an appraisal to determine the market value of 

14 the Federal land. 

15 (2) STANDARDS.—The appraisal under para16 graph (1) shall be conducted in accordance with— 

17 (A) the Uniform Appraisal Standards for 

18 Federal Land Acquisitions; and 

19 (B) the Uniform Standards of Professional 

20 Appraisal Practice. 

21 (d) MAP.— 

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

23 kept on file and available for public inspection in the 

24 appropriate office of the Forest Service. 


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1 (2) CORRECTION OF ERRORS.—The Secretary 

2 may correct any errors in the map. 

3 (e) CONSIDERATION.—As consideration for the convey4 ance under subsection (a), the State shall pay to the Sec5 retary an amount equal to the market value of the Federal 

6 land, as determined by the appraisal under subsection (c). 

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

8 is satisfactory to the Secretary of the exact acreage and legal 

9 description of the Federal land to be conveyed under sub10 section (a). 

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

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

13 costs associated with the conveyance, including the cost 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 Pub20 lic Law 90–171 (commonly known as the ‘‘Sisk Act’’) 

21 (16 U.S.C. 484a); and 

22 (2) available to the Secretary until expended, 

23 without further appropriation, for the maintenance 

24 and improvement of land or administration facilities 

25 in the Black Hills National Forest in the State. 


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1 (i) ENVIRONMENTAL CONDITIONS.—Notwithstanding 

2 section 120(h)(3)(A) of the Comprehensive Environmental 

3 Response, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9620(h)(3)(A)), the Secretary shall not be required 

5 to provide any covenant or warranty for the Federal land 

6 conveyed to the State under this Act. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 377 

117TH CONGRESS 

2D SESSION H. R. 1638 

[Report No. 117–502] 

A BILL 

To direct the Secretary of Agriculture to transfer 

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

SEPTEMBER 28, 2022 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42PROD with BILLS