Terry Peak Land Act of 1999
PL 106-138 (H.R.2079), enacted 12/07/1999

PUBLIC LAW 106-138—DEC. 7, 1999 
113 STAT. 1693 
Public Law 106-138 
106th Congress 
An Act 
To provide for the conveyance of certain National Forest System lands in the 
Dec. 7, 1999 
State of South Dakota. 
[H.R. 2079] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Terry Peak Land 
Transfer Act of 
SECTION 1. SHORT TITLE. 
1999. 
This Act may be cited as the "Terry Peak Land Transfer Act 
of 1999". 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Certain National Forest System land located in the 
Black Hills National Forest in Lawrence County, South Dakota, 
is currently permitted to the Terry Peak Ski Area by the 
Secretary of Agriculture pursuant to section 3 of the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b). 
(2) The National Forest System land comprises only 10 
percent of the land at the Ski Area, with the remaining 90 
percent located on private land owned by the Ski Area operator. 
(3) As the fractional Forest Service land holding at the 
Ski Area is also encumbered by ski lifts, ski trails, a base 
lodge parking lot and other privately owned improvements, 
it serves little purpose in continued public ownership, and 
can more logically be conveyed to the Ski Area to unify land 
management and eliminate permitting and other administra-
tive costs to the United States. 
(4) The Ski Area is interested in acquiring the land firom 
the United States, but the Secretary does not have administra-
tive authority to convey such land in a nonsimultaneous land 
exchange absent specific authorization fi'om Congress. 
(5) The Black Hills National Forest contains several small 
inholdings of undeveloped private land with multiple land-
owners which complicate National Forest land management 
and which can be acquired by the United States from willing 
sellers if acquisition funds are made available to the Secretary. 
(6) The proceeds from the Terry Peak conveyance can pro-
vide a modest, but readily available and flexible, funding source 
for the Secretary to acquire certain inholdings in the Black 
Hills National Forest fi*om willing sellers, and given the small 
and scattered nature of such inholdings, and number of poten-
tial sellers involved, can do so more efficiently and quickly 
thsin through administrative land exchanges. 
(7) It is, therefore, in the public interest to convey the 
National Forest System land at Terry Peak to the Ski Area 
113 STAT. 1694 
PUBLIC LAW 106-138—DEC. 7, 1999 
Deadline. 
at fair market value and to utilize the proceeds to acquire 
more desirable lands for addition to the Black Hills National 
Forest for permanent public use and enjoyment. 
(b) PURPOSE.—It is the purpose of this Act to require the 
conveyance of certain National Forest System lands at the Terry 
Peak Ski Area to the Ski Area and to utilize the proceeds to 
acquire more desirable lands for the United States for permanent 
public use and enjoyment. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) The term "Secretary" means the Secretary of Agri-
culture, unless otherwise specified. 
(2) The term "selected land" means land comprising 
approximately 41.42 acres and generally depicted as Govern-
ment lots 6 and 11, section 2, township 4 north, range 2 
east. Black Hills meridian, on a map entitled "Terry Peak 
Land Conveyance", dated March 1999. 
(3) The terms "Terry Peak Ski Area" and "Ski Area" mean 
the Black Hills Chairlift Company, a South Dakota Corporation, 
or its successors, heirs and assigns. 
SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS. 
(a) CONVEYANCE REQUIRED.—^The Secretary of Agriculture shall 
convey the selected land to the Terry Peak Ski Area at fair market 
value, as determined by the Secretary. 
(b) APPRAISAL.—The value of the selected land shall be deter-
mined by the Secretary utilizing nationally recognized appraisal 
standards, including to the extent appropriate, the Uniform 
Appraisal Standards For Federal Land Acquisitions (1992), the 
Uniform Standards of Professional Appraisal Practice, and other 
applicable law. The costs of the appraisal shall be paid for by 
the Ski Area. 
(c) COMPLETION OF CONVEYANCE.—It is the sense of the Con-
gress that the conveyance to the Ski Area required by this Act 
be consummated no later than 6 months after the date of the 
enactment of this Act, unless the Secretary and the Ski Area 
mutually agree to extend the consummation date. Prior to conveying 
the selected land to the Ski Area, the Secretary shall complete 
standard pre-disposal analyses and clearances pertaining to threat-
ened and endangered species, cultural and historic resources, wet-
lands and floodplains, and hazardous materials. 
(d) USE OF PROCEEDS BY THE SECRETARY.—All monies received 
by the Secretary pursuant to this Act shall be considered monies 
received and deposited pursuant to Public Law 90-171 (16 U.S.C. 
484a; commonly known as the Sisk Act) and shall be utilized 
by the Secretary to acquire replacement land from willing sellers 
for addition to the Black Hills National Forest in South Dakota. 
Any lands so acquired shall be added to and administered as 
part of the Black Hills National Forest and, if any such land 
lies outside the exterior boundaries of the Forest, the Secretary 
may modify the boundary of the Forest to include such land. 
Nothing in this section shall be construed to limit the authority 
of the Secretary to adjust the boundaries of the Forest pursuant 
to section 11 of the Act of March 1, 1911 (16 U.S.C. 521; commonly 
known as the Weeks Act). 
(e) CONVEYANCE SUBJECT TO VALID EXISTING RIGHTS, EASE-
MENTS.—The conveyance to the Ski Area required by this Act shall 
PUBLIC LAW 106-138—DEC. 7, 1999 
113 STAT. 1695 
be subject to valid existing rights and to existing easements, rights-
of-way, utihty hnes and any other right, title or interest of record 
on the selected land as of the date of transfer of the selected 
land to the Terry Peak Ski Area. 
Approved December 7, 1999. 
LEGISLATIVE HISTORY—H.R. 2079 (S. 953): 
HOUSE REPORTS: No. 106-261 (Comm. on Resources). 
SENATE REPORTS: No. 106-129 accompanying S. 953 (Comm. on Energy and Nat-
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Sept. 21, considered and passed House. 
Nov. 19, considered and passed Senate.