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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5871 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5871

To provide for a land exchange involving certain National Forest System 
       land in the State of South Dakota, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

  Mrs. Noem introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To provide for a land exchange involving certain National Forest System 
       land in the State of South Dakota, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spearfish Canyon and Bismarck Lake 
Land Exchange Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) the approximately 1,468 acres of land 
                (including any improvements to the land) in the Forest 
                that is--
                            (i) known as the ``Spearfish Canyon Area''; 
                        and
                            (ii) generally depicted on the map 
                        described in paragraph (3)(A); and
                    (B) the approximately 524 acres of land (including 
                any improvements to the land) in the Forest that is--
                            (i) known as the ``Bismarck Lake Area''; 
                        and
                            (ii) generally depicted on the map 
                        described in paragraph (3)(B).
            (2) Forest.--The term ``Forest'' means the Black Hills 
        National Forest in the State.
            (3) Maps.--The term ``Maps'' means each of--
                    (A) the map entitled ``Spearfish Canyon Area 
                Federal Land'' and dated June 8, 2016;
                    (B) the map entitled ``Bismarck Lake Area Federal 
                Land'' and dated June 8, 2016;
                    (C) the map entitled ``Lyman County Non-Federal 
                Land'' and dated June 8, 2016;
                    (D) the map entitled ``Pennington County Non-
                Federal Land'' and dated June 8, 2016; and
                    (E) the map entitled ``Lawrence County Non-Federal 
                Land'' and dated June 8, 2016.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the 4 parcels of land, comprising approximately 1,954 acres, as 
        depicted on the maps described in subparagraphs (C), (D), and 
        (E) of paragraph (3).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) State.--The term ``State'' means the State of South 
        Dakota.

SEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA.

    (a) Land Exchange Required.--If the State conveys to the Secretary 
all right, title, and interest of the State in and to the non-Federal 
land, the Secretary shall convey to the State all right, title, and 
interest of the United States in and to the Federal land.
    (b) Appraisals.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary and the State shall select 
        an appraiser to conduct appraisals of the Federal land and non-
        Federal land.
            (2) Requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an appraisal required under this subsection shall 
                be conducted in accordance with nationally recognized 
                appraisal standards, including--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
                    (B) Agricultural value.--The value of the Federal 
                land and non-Federal land shall be determined based on 
                the agricultural value of the Federal land and non-
                Federal land to be exchanged.
    (c) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under subsection (a) shall--
                    (A) be equal; or
                    (B) be equalized in accordance with this 
                subsection.
            (2) Surplus of federal land.--If the final appraised value 
        of the Federal land exceeds the final appraised value of the 
        non-Federal land, the State shall--
                    (A) convey additional non-Federal land in the State 
                to the Secretary, consistent with the requirements of 
                this Act;
                    (B) make a cash payment to the Secretary; or
                    (C) use a combination of the methods described in 
                subparagraphs (A) and (B), as agreed to by the 
                Secretary and the State.
            (3) Surplus of non-federal land.--If the final appraised 
        value of the non-Federal land exceeds the final appraised value 
        of the Federal land, parcels of the non-Federal land may be 
        excluded from the exchange in sufficient quantity to result in 
        an equal value exchange.
    (d) Survey; Administrative Costs.--
            (1) In general.--The exact acreage and legal description of 
        the land to be exchanged under subsection (a) shall be 
        determined by a survey satisfactory to the Secretary.
            (2) Costs.--The costs of the survey and any administrative 
        costs relating to the land exchange shall be paid by the State.
    (e) NEPA Compliance.--
            (1) Deadline for completion.--Not later than 1 year after 
        the date on which the State offers to convey the non-Federal 
        land to the Secretary under subsection (a), the Secretary shall 
        complete any environmental analysis required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to the land exchange carried out under this section.
            (2) Costs.--The costs of any environmental analysis under 
        this subsection shall be paid by the Secretary.
    (f) Additional Terms and Conditions.--The land exchange under 
subsection (a) shall be subject to any additional terms and conditions 
that the Secretary and the State may agree on.

SEC. 4. MANAGEMENT OF NON-FEDERAL AND FEDERAL LAND.

    (a) In General.--The non-Federal land acquired by the Secretary 
under section 3 shall be--
            (1) added to, and administered as part of, the Forest; and
            (2) managed in accordance with the laws (including 
        regulations) applicable to the National Forest System.
    (b) Grazing on Non-Federal Land.--If the non-Federal land exchanged 
under this Act is subject to a lease, permit, or contract for the 
grazing of domestic livestock in effect on the date of acquisition of 
the non-Federal land, the Secretary shall allow the grazing to continue 
subject to the related terms and conditions of user agreements, 
including permitted stocking rates, grazing fee levels, access rights, 
and ownership and use of range improvements.
    (c) Condition on Use of Federal Land.--As a condition of the land 
exchange under this Act, the Federal land acquired by the State under 
section 3 shall be managed by the State for public recreation uses and 
the conservation of natural resources.

SEC. 5. MAPS.

    (a) Availability.--The Maps shall be on file and available for 
public inspection in the Office of the Forest Supervisor of the Forest.
    (b) Corrections.--With the agreement of the State, the Secretary 
may make technical corrections to the Maps and legal descriptions of 
the Federal land and non-Federal land to be exchanged under this 
section.
                                 <all>
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