[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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