Gilt Edge Mine Conveyance Act

Bill: 117-hr-1638
Sponsor: full_name: Rep. Johnson, Dusty [R-SD-At Large]
Introduced: 2021-03-08
Policy area: Public Lands and Natural Resources
Subjects: Forests, forestry, trees

Hazardous wastes and toxic substances

Land transfers

Mining

Pollution liability

South Dakota
Latest action: action_date: 2022-10-11
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 524.

Summaries:
action_date: 2021-03-08
action_desc: Introduced in House
text: <p><b>Gilt Edge Mine Conveyance Act</b></p> <p>This bill provides for a land conveyance to South Dakota.</p> <p>Specifically, if South Dakota submits an offer to the Forest Service to acquire approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary for its market value, the Forest Service shall convey such land to South Dakota.</p> <p>Any proceeds received by the Forest Service from the conveyance shall be (1) deposited in a specified fund for the exchange of lands, and (2) available to the Forest Service for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in South Dakota.</p>

action_date: 2022-09-28
action_desc: Reported to House
text: <p><b>Gilt Edge Mine Conveyance Act</b></p> <p>This bill provides for a land conveyance to South Dakota.</p> <p>Specifically, if South Dakota submits an offer to the Forest Service to acquire approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary for its market value, the Forest Service shall convey such land to South Dakota.</p> <p>Any proceeds received by the Forest Service from the conveyance shall be (1) deposited in a specified fund for the exchange of lands, and (2) available to the Forest Service for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in South Dakota.</p>

action_date: 2022-09-29
action_desc: Passed House
text: <p><b>Gilt Edge Mine Conveyance Act</b></p> <p>This bill provides for a land conveyance to South Dakota.</p> <p>Specifically, if South Dakota submits an offer to the Forest Service to acquire approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary for its market value, the Forest Service shall convey such land to South Dakota.</p> <p>Any proceeds received by the Forest Service from the conveyance shall be (1) deposited in a specified fund for the exchange of lands, and (2) available to the Forest Service (to the extent and in the amount provided in advance in appropriations Acts) for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in South Dakota.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 1638 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. Short title This Act may be cited as the Gilt Edge Mine Conveyance Act . 2. Definitions In this Act: (1) Federal land The term Federal land means all right, title, and interest of the United States in and to approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map. (2) Map The term map means the map entitled Gilt Edge Mine Conveyance Act and dated August 20, 2020. (3) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) State The term State means State of South Dakota. 3. Land conveyance (a) In general Subject to the terms and conditions described in this Act, if the State submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under subsection (c), the Secretary shall convey the Federal land to the State. (b) Terms and conditions The conveyance under subsection (a) shall be— (1) subject to valid existing rights; (2) made by quitclaim deed; and (3) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (c) Appraisal (1) In general Before submitting an offer under subsection (a), the State shall complete an appraisal to determine the market value of the Federal land. (2) Standards The appraisal under paragraph (1) shall be conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Map (1) Availability of map The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service. (2) Correction of errors The Secretary may correct any errors in the map. (e) Consideration As consideration for the conveyance under subsection (a), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under subsection (c). (f) Survey The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under subsection (a). (g) Costs of conveyance As a condition on the conveyance under subsection (a), the State shall pay all costs associated with the conveyance, including the cost of— (1) the appraisal under subsection (c); and (2) the survey under subsection (f). (h) Proceeds from the sale of land Any proceeds received by the Secretary from the conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and (2) available to the Secretary until expended, without further appropriation, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State. (i) Environmental conditions Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the Federal land conveyed to the State under this Act.

tv_txt: I 117th CONGRESS 2d Session H. R. 1638 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Agriculture to transfer certain National Forest System land to the State of South Dakota, and for other purposes.

1. Short title This Act may be cited as the Gilt Edge Mine Conveyance Act . 2. Definitions In this Act: (1) Federal land The term Federal land means all right, title, and interest of the United States in and to approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map. (2) Map The term map means the map entitled Gilt Edge Mine Conveyance Act and dated August 20, 2020. (3) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) State The term State means State of South Dakota. 3. Land conveyance (a) In general Subject to the terms and conditions described in this Act, if the State submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under subsection (c), the Secretary shall convey the Federal land to the State. (b) Terms and conditions The conveyance under subsection (a) shall be— (1) subject to valid existing rights; (2) made by quitclaim deed; and (3) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (c) Appraisal (1) In general After the State submits an offer under subsection (a), the Secretary shall complete an appraisal to determine the market value of the Federal land. (2) Standards The appraisal under paragraph (1) shall be conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Map (1) Availability of map The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service. (2) Correction of errors The Secretary may correct any errors in the map. (e) Consideration As consideration for the conveyance under subsection (a), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under subsection (c). (f) Survey The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under subsection (a). (g) Costs of conveyance As a condition on the conveyance under subsection (a), the State shall pay all costs associated with the conveyance, including the cost of— (1) the appraisal under subsection (c); and (2) the survey under subsection (f). (h) Proceeds from the sale of land Any proceeds received by the Secretary from the conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and (2) available to the Secretary, only to the extent and in the amount provided in advance in appropriations Acts, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State. (i) Environmental conditions Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the Federal land conveyed to the State under this Act. 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 29, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 377 117th CONGRESS 2d Session H. R. 1638 [Report No. 117–502] 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 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. Short title This Act may be cited as the Gilt Edge Mine Conveyance Act . 2. Definitions In this Act: (1) Federal land The term Federal land means all right, title, and interest of the United States in and to approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map. (2) Map The term map means the map entitled Gilt Edge Mine Conveyance Act and dated August 20, 2020. (3) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) State The term State means State of South Dakota. 3. Land conveyance (a) In general Subject to the terms and conditions described in this Act, if the State submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under subsection (c), the Secretary shall convey the Federal land to the State. (b) Terms and conditions The conveyance under subsection (a) shall be— (1) subject to valid existing rights; (2) made by quitclaim deed; and (3) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (c) Appraisal (1) In general After the State submits an offer under subsection (a), the Secretary shall complete an appraisal to determine the market value of the Federal land. (2) Standards The appraisal under paragraph (1) shall be conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Map (1) Availability of map The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service. (2) Correction of errors The Secretary may correct any errors in the map. (e) Consideration As consideration for the conveyance under subsection (a), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under subsection (c). (f) Survey The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under subsection (a). (g) Costs of conveyance As a condition on the conveyance under subsection (a), the State shall pay all costs associated with the conveyance, including the cost of— (1) the appraisal under subsection (c); and (2) the survey under subsection (f). (h) Proceeds from the sale of land Any proceeds received by the Secretary from the conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and (2) available to the Secretary until expended, without further appropriation, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State. (i) Environmental conditions Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the Federal land conveyed to the State under this Act.

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

tv_txt: II Calendar No. 524 117th CONGRESS 2d Session H. R. 1638 IN THE SENATE OF THE UNITED STATES October 11, 2022 Received; read twice and placed on the calendar AN ACT To direct the Secretary of Agriculture to transfer certain National Forest System land to the State of South Dakota, and for other purposes.

1. Short title This Act may be cited as the Gilt Edge Mine Conveyance Act . 2. Definitions In this Act: (1) Federal land The term Federal land means all right, title, and interest of the United States in and to approximately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map. (2) Map The term map means the map entitled Gilt Edge Mine Conveyance Act and dated August 20, 2020. (3) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) State The term State means State of South Dakota. 3. Land conveyance (a) In general Subject to the terms and conditions described in this Act, if the State submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under subsection (c), the Secretary shall convey the Federal land to the State. (b) Terms and conditions The conveyance under subsection (a) shall be— (1) subject to valid existing rights; (2) made by quitclaim deed; and (3) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (c) Appraisal (1) In general After the State submits an offer under subsection (a), the Secretary shall complete an appraisal to determine the market value of the Federal land. (2) Standards The appraisal under paragraph (1) shall be conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Map (1) Availability of map The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service. (2) Correction of errors The Secretary may correct any errors in the map. (e) Consideration As consideration for the conveyance under subsection (a), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under subsection (c). (f) Survey The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under subsection (a). (g) Costs of conveyance As a condition on the conveyance under subsection (a), the State shall pay all costs associated with the conveyance, including the cost of— (1) the appraisal under subsection (c); and (2) the survey under subsection (f). (h) Proceeds from the sale of land Any proceeds received by the Secretary from the conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and (2) available to the Secretary, only to the extent and in the amount provided in advance in appropriations Acts, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State. (i) Environmental conditions Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the Federal land conveyed to the State under this Act. 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 29, 2022. Cheryl L. Johnson, Clerk.

October 11, 2022 Received; read twice and placed on the calendar