90 HR 1638 RH: Gilt Edge Mine Conveyance Act U.S. House of Representatives 2022-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IBUnion Calendar No. 377117th CONGRESS2d SessionH. R. 1638[Report No. 117–502]IN THE HOUSE OF REPRESENTATIVESMarch 8, 2021Mr. Johnson of South Dakota introduced the following bill; which was referred to the Committee on Natural ResourcesSeptember 28, 2022Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on March 8, 2021A BILLTo 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, 2022Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed