I 

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. 

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 ‘‘Spearfish Canyon and 

5 Bismarck Lake Land Exchange Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means— 


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1 (A) the approximately 1,468 acres of land 

2 (including any improvements to the land) in the 

3 Forest that is— 

4 (i) known as the ‘‘Spearfish Canyon 

5 Area’’; and 

6 (ii) generally depicted on the map de7 scribed in paragraph (3)(A); and 

8 (B) the approximately 524 acres of land 

9 (including any improvements to the land) in the 

10 Forest that is— 

11 (i) known as the ‘‘Bismarck Lake 

12 Area’’; and 

13 (ii) generally depicted on the map de14 scribed in paragraph (3)(B). 

15 (2) FOREST.—The term ‘‘Forest’’ means the 

16 Black Hills National Forest in the State. 

17 (3) MAPS.—The term ‘‘Maps’’ means each of— 

18 (A) the map entitled ‘‘Spearfish Canyon 

19 Area Federal Land’’ and dated June 8, 2016; 

20 (B) the map entitled ‘‘Bismarck Lake Area 

21 Federal Land’’ and dated June 8, 2016; 

22 (C) the map entitled ‘‘Lyman County Non23 Federal Land’’ and dated June 8, 2016; 


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1 (D) the map entitled ‘‘Pennington County 

2 Non-Federal Land’’ and dated June 8, 2016; 

3 and 

4 (E) the map entitled ‘‘Lawrence County 

5 Non-Federal Land’’ and dated June 8, 2016. 

6 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed7 eral land’’ means the 4 parcels of land, comprising 

8 approximately 1,954 acres, as depicted on the maps 

9 described in subparagraphs (C), (D), and (E) of 

10 paragraph (3). 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Agriculture. 

13 (6) STATE.—The term ‘‘State’’ means the State 

14 of South Dakota. 

15 SEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, 

16 SOUTH DAKOTA. 

17 (a) LAND EXCHANGE REQUIRED.—If the State con18 veys to the Secretary all right, title, and interest of the 

19 State in and to the non-Federal land, the Secretary shall 

20 convey to the State all right, title, and interest of the 

21 United States in and to the Federal land. 

22 (b) APPRAISALS.— 

23 (1) IN GENERAL.—As soon as practicable after 

24 the date of enactment of this Act, the Secretary and 


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1 the State shall select an appraiser to conduct ap2 praisals of the Federal land and non-Federal land. 

3 (2) REQUIREMENTS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), an appraisal required under 

6 this subsection shall be conducted in accordance 

7 with nationally recognized appraisal standards, 

8 including— 

9 (i) the Uniform Appraisal Standards 

10 for Federal Land Acquisitions; and 

11 (ii) the Uniform Standards of Profes12 sional Appraisal Practice. 

13 (B) AGRICULTURAL VALUE.—The value of 

14 the Federal land and non-Federal land shall be 

15 determined based on the agricultural value of 

16 the Federal land and non-Federal land to be ex17 changed. 

18 (c) EQUAL VALUE EXCHANGE.— 

19 (1) IN GENERAL.—The value of the Federal 

20 land and non-Federal land to be exchanged under 

21 subsection (a) shall— 

22 (A) be equal; or 

23 (B) be equalized in accordance with this 

24 subsection. 


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1 (2) SURPLUS OF FEDERAL LAND.—If the final 

2 appraised value of the Federal land exceeds the final 

3 appraised value of the non-Federal land, the State 

4 shall— 

5 (A) convey additional non-Federal land in 

6 the State to the Secretary, consistent with the 

7 requirements of this Act; 

8 (B) make a cash payment to the Secretary; 

9 or 

10 (C) use a combination of the methods de11 scribed in subparagraphs (A) and (B), as 

12 agreed to by the Secretary and the State. 

13 (3) SURPLUS OF NON-FEDERAL LAND.—If the 

14 final appraised value of the non-Federal land ex15 ceeds the final appraised value of the Federal land, 

16 parcels of the non-Federal land may be excluded 

17 from the exchange in sufficient quantity to result in 

18 an equal value exchange. 

19 (d) SURVEY; ADMINISTRATIVE COSTS.— 

20 (1) IN GENERAL.—The exact acreage and legal 

21 description of the land to be exchanged under sub22 section (a) shall be determined by a survey satisfac23 tory to the Secretary. 


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1 (2) COSTS.—The costs of the survey and any 

2 administrative costs relating to the land exchange 

3 shall be paid by the State. 

4 (e) NEPA COMPLIANCE.— 

5 (1) DEADLINE FOR COMPLETION.—Not later 

6 than 1 year after the date on which the State offers 

7 to convey the non-Federal land to the Secretary 

8 under subsection (a), the Secretary shall complete 

9 any environmental analysis required under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.) with respect to the land exchange car12 ried out under this section. 

13 (2) COSTS.—The costs of any environmental 

14 analysis under this subsection shall be paid by the 

15 Secretary. 

16 (f) ADDITIONAL TERMS AND CONDITIONS.—The 

17 land exchange under subsection (a) shall be subject to any 

18 additional terms and conditions that the Secretary and the 

19 State may agree on. 

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

21 LAND. 

22 (a) IN GENERAL.—The non-Federal land acquired by 

23 the Secretary under section 3 shall be— 

24 (1) added to, and administered as part of, the 

25 Forest; and 


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1 (2) managed in accordance with the laws (in2 cluding regulations) applicable to the National For3 est System. 

4 (b) GRAZING ON NON-FEDERAL LAND.—If the non5 Federal land exchanged under this Act is subject to a 

6 lease, permit, or contract for the grazing of domestic live7 stock in effect on the date of acquisition of the non-Fed8 eral land, the Secretary shall allow the grazing to continue 

9 subject to the related terms and conditions of user agree10 ments, including permitted stocking rates, grazing fee lev11 els, access rights, and ownership and use of range im12 provements. 

13 (c) CONDITION ON USE OF FEDERAL LAND.—As a 

14 condition of the land exchange under this Act, the Federal 

15 land acquired by the State under section 3 shall be man16 aged by the State for public recreation uses and the con17 servation of natural resources. 

18 SEC. 5. MAPS. 

19 (a) AVAILABILITY.—The Maps shall be on file and 

20 available for public inspection in the Office of the Forest 

21 Supervisor of the Forest. 

22 (b) CORRECTIONS.—With the agreement of the State, 

23 the Secretary may make technical corrections to the Maps 


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1 and legal descriptions of the Federal land and non-Federal 

2 land to be exchanged under this section. 

Æ 


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