[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8160-H8162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GILT EDGE MINE CONVEYANCE ACT
Ms. TLAIB. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1638) to direct the Secretary of Agriculture to transfer certain
National Forest System land to the State of South Dakota, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1638
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 ``Gilt Edge Mine Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means all
right, title, and interest of
[[Page H8161]]
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.
SEC. 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.
SEC. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Michigan (Ms. Tlaib) and the gentleman from Idaho (Mr. Fulcher) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan.
General Leave
Ms. TLAIB. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include any extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Ms. TLAIB. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 1638, the Gilt Edge
Mine Conveyance Act, introduced by my colleague, Representative
Johnson.
The bill will authorize South Dakota to purchase approximately 266
acres of U.S. Forest Service land in Lawrence County, South Dakota.
Any proceeds received by the Forest Service from the conveyance will
be deposited in a fund for the maintenance and improvement of the Black
Hills National Forest in South Dakota.
Mr. Speaker, the conveyance is necessary due to the Gilt Edge Mine,
which is located within the Black Hills forestry boundary. Since Brohm
Mining Company abandoned the mine and its responsibilities to address
contaminated water in the late 1990s, South Dakota and the
Environmental Protection Agency have worked together to conduct a
cleanup effort of the mine and contaminated water.
Mr. Speaker, currently, the mine encompasses a patchwork of Forest
Service lands and lands owned by South Dakota. Consolidating ownership
of the entire Gilt Edge Mine with South Dakota will make it easier for
the State to fulfill its obligation for site remediation and
monitoring.
Mr. Speaker, I thank my good colleague, Representative Johnson, for
introducing this important legislation and championing this bill on
behalf of his constituents.
Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 1638, and I
reserve the balance of my time.
{time} 1700
Mr. FULCHER. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of the Gilt Edge Mine Conveyance Act. This bill
reflects exemplary collaboration between the State of South Dakota, the
Environmental Protection Agency, and the Forest Service. I commend
Congressman Dusty Johnson for his leadership on this proposal.
The Gilt Edge Mine is a 360-acre former mining site in South Dakota.
Mining began on the site in 1876 with sporadic operations until the
1990s. The Environmental Protection Agency declared the former mine a
Superfund site in the year 2000.
Mr. Johnson's bill authorizes the State of South Dakota to purchase
approximately 266 acres of Forest Service land that will allow the
State to clean up the Gilt Edge Mine Superfund site once the EPA
completes its portion of the cleanup.
This is a good bill that will lead to a more seamless cleanup effort
and empower South Dakota to pursue additional water reclamation
efforts.
This bill will also allow revenue from the land sale to go toward
maintenance and improvements at the Black Hills National Forest. Recent
mismanagement of the Black Hills National Forest has hurt rural
communities and jeopardized future forest management efforts. This is a
key provision of the bill and the result of a compromise worked out
with South Dakota that will improve the management and care of the
Black Hills National Forest, and I strongly support its inclusion.
This bill is an example of a win-win solution that not only empowers
the State to enhance its environment and remediation efforts, but also
reduces the burden on the Federal Government by chipping away at the
massive Federal estate.
Mr. Speaker, I urge adoption of this bill, and I reserve the balance
of my time.
Ms. TLAIB. Mr. Speaker, I have no further requests for time. I am
prepared to close, and I reserve the balance of my time.
Mr. FULCHER. Mr. Speaker, I yield 5 minutes to the gentleman from
South Dakota (Mr. Johnson).
Mr. JOHNSON of South Dakota. Mr. Speaker, I want to thank the
gentlewoman and thank the gentleman for their words of support for this
piece of legislation.
I ask all my colleagues to support my bill.
It would do exactly as the previous two speakers said. It would make
things a lot easier. It would advance environmental quality.
What exactly are we dealing with here?
We have a 266-acre parcel. It used to be the site of the Gilt Edge
Mine. It is now an EPA Superfund site. Mr. Speaker, you can see a
picture of the site here. This is not pristine wilderness; but, of
course, we want to get it back to an environmental asset.
This is now, as the gentlewoman said, a checkerboard of competing
governmental ownerships and roles. You have got the Forest Service
which owns much of this land; you have got the State of South Dakota
which owns some of the rest of it; you have got the EPA which for 20
years has been doing remediation work on the water; and then you have
got the State of South
[[Page H8162]]
Dakota which has other environmental cleanup and management
responsibilities on this site.
So what this bill would do is take the portions of this site that are
owned by the Forest Service, and it would allow the State of South
Dakota to purchase this land. That is going to get the Forest Service
out of the middle of this. They don't need to play a role here.
The work of the State will be easier if they have one less Federal
partner to work with and to navigate.
Now, sometimes my colleagues get concerned if we are going to take a
Federal asset and give it to a State.
Will this be a loss of important Federal access opportunities for the
public?
Well, that is why I brought this picture up here, Mr. Speaker. People
are not going hiking here. This is not wildlife habitat. You will not
have bison from the Black Hills of South Dakota nestle in this leach
pond here.
We have real environmental work to do here, and it is important that
we do it in the most effective way. This bill would advance that cause.
I just want to make it clear, so many people who are involved are
supportive of this. Senators Thune and Rounds have been supportive.
Governor Noem has been supportive. Lawrence County, the city of Lead,
and the city of Deadwood are all supportive.
I ask all of my colleagues to join their voices of support so we can
do what needs to be done on this Superfund site. We didn't treat this
land properly, and the mining company did not treat this land properly.
We have a continuing opportunity to do right. My bill would do that.
Vote ``yes.''
Mr. FULCHER. Mr. Speaker, I urge adoption of the bill, and I yield
back the balance of my time.
Ms. TLAIB. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Michigan (Ms. Tlaib) that the House suspend the rules
and pass the bill, H.R. 1638, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HICE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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