[House Report 117-502]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-502

======================================================================

 
                     GILT EDGE MINE CONVEYANCE ACT

                                _______
                                

 September 28, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1638]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1638 is to direct the Secretary of 
Agriculture to transfer certain National Forest System land to 
the State of South Dakota.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1638 authorizes the state of South Dakota to purchase 
approximately 266 acres of U.S. Forest Service (USFS) land in 
Lawrence County, South Dakota. Specifically, if the state 
submits an offer to the USFS to acquire the specified National 
Forest System land within the Gilt Edge Mine Superfund Boundary 
for its market value, the USFS shall convey such land to South 
Dakota. Any proceeds received by the USFS from the conveyance 
will be deposited in a fund for the USFS to use for the 
maintenance and improvement of land or administration 
facilities in the Black Hills National Forest in South Dakota.
    The conveyance authorized by the bill is intended to 
consolidate and facilitate the ongoing cleanup process for the 
Gilt Edge Mine site, a former open pit and a cyanide heap-leach 
gold mine, located about 6.5 miles east of Lead, South Dakota.

                            COMMITTEE ACTION

    H.R. 1638 was introduced on March 8, 2021, by 
Representative Dusty Johnson (R-SD). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On March 1, 2022, the Subcommittee held a hearing 
on the bill. On April 6, 2022, the Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged by 
unanimous consent. Chair Raul M. Grijalva (D-AZ) offered an 
amendment designated Grijalva #1. The amendment was agreed to 
by unanimous consent. The bill, as amended, was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on National Parks, Forests, and 
Public Lands held on March 1, 2022.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 28, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1638, the Gilt 
Edge Mine Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1638 would direct the Forest Service to convey 266 
acres of federal land in South Dakota, subject to valid 
existing rights, if the state offers to acquire the land at 
market value. For this estimate, CBO assumes that the state 
would offer to acquire the land to consolidate ownership of a 
Superfund site.
    Under the bill, South Dakota would pay for a Forest Service 
appraisal and all other costs of the conveyance. CBO expects 
that some administrative costs incurred to update maps would 
not be reimbursed by the state, but we estimate those costs 
would be insignificant; any spending would be subject to the 
availability of appropriated funds.
    Proceeds from the sale would be classified in the budget as 
offsetting receipts, which are recorded as reductions in direct 
spending. Those receipts would be available to the Forest 
Service, without further appropriation, to maintain and improve 
land and facilities in the Black Hills National Forest. Based 
on typical timeframes for such conveyances, CBO expects that 
the transfer would take several years to complete. Based on 
land prices in the area, CBO estimates that any receipts would 
be insignificant and would be spent shortly thereafter; thus, 
the net effect on direct spending would be negligible.
    On February 24, 2022, CBO transmitted a cost estimate for 
S. 569, the Gilt Edge Mine Conveyance Act, as reported by the 
Senate Committee on Energy and Natural Resources on January 19, 
2022. The two bills are similar, and the estimates of their 
budgetary effects are the same.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to direct the Secretary of 
Agriculture to transfer certain National Forest System land to 
the State of South Dakota.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]