II 

Calendar No. 654 

115TH CONGRESS 

2D SESSION S. 2297 

[Report No. 115–367] 

To direct the Secretary of Agriculture to transfer certain National Forest 

System land to Custer County, South Dakota. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2018 

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 

NOVEMBER 15, 2018 

Reported by Ms. MURKOWSKI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To direct the Secretary of Agriculture to transfer certain 

National Forest System land to Custer County, South 

Dakota. 

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 ‘‘Custer County Airport 

5 Conveyance Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COUNTY.—The term ‘‘County’’ means Cus4 ter County, South Dakota. 

5 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

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

7 States in and to approximately 65.7 acres of Na8 tional Forest System land, as generally depicted on 

9 the map. 

10 (3) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Custer County Airport Conveyance’’ and 

12 dated October 19, 2017. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture, acting through the 

15 Chief of the Forest Service. 

16 SEC. 3. LAND CONVEYANCE. 

17 (a) IN GENERAL.—Subject to the terms and condi18 tions described in subsection (b), if the County submits 

19 to the Secretary an offer to acquire the Federal land for 

20 the market value, as determined by the appraisal under 

21 subsection (c), the Secretary shall convey the Federal land 

22 to the County. 

23 (b) TERMS AND CONDITIONS.—The conveyance 

24 under subsection (a) shall be— 

25 (1) subject to valid existing rights; 

26 (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.—Not later than 60 days after 

6 the date of enactment of this Act, the Secretary 

7 shall complete an appraisal to determine the market 

8 value of the Federal 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 County 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 exact acreage and legal description 

2 of the Federal land to be conveyed under subsection (a) 

3 shall be determined by a survey satisfactory to the Sec4 retary. 

5 (g) ENVIRONMENTAL COMPLIANCE.—The Secretary 

6 may determine whether compliance with the National En7 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

8 or any other environmental law is applicable in carrying 

9 out the conveyance under subsection (a). 

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

11 the conveyance under subsection (a), the County shall pay 

12 to the Secretary all costs associated with the conveyance, 

13 including the cost of— 

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

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

16 (i) USE OF PROCEEDS.—Any proceeds received by 

17 the Secretary as a consideration for the conveyance under 

18 subsection (a) shall remain available to the Secretary until 

19 expended, without further appropriation, for the mainte20 nance and improvement of land or administration facilities 

21 in the State of South Dakota. 

22 (h) PROCEEDS FROM THE SALE OF LAND.—Any pro23 ceeds received by the Secretary from the conveyance under 

24 subsection (a) shall be— 


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1 (1) deposited in the fund established under Pub2 lic Law 90–171 (commonly known as the ‘‘Sisk Act’’) 

3 (16 U.S.C. 484a); and 

4 (2) available to the Secretary until expended, 

5 without further appropriation, for the acquisition of 

6 inholdings in units of the National Forest System in 

7 the State of South Dakota. 


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Calendar No. 654 

115TH CONGRESS 

2D SESSION S. 2297 

[Report No. 115–367] 

A BILL 

To direct the Secretary of Agriculture to transfer 

County, South Dakota. certain National Forest System land to Custer 

NOVEMBER 15, 2018 

Reported with amendments 


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