[Senate Report 117-55]
[From the U.S. Government Publishing Office]
Calendar No. 252
117th Congress } } Report
SENATE
2d Session } } 117-55
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GILT EDGE MINE CONVEYANCE ACT
_______
January 19 (legislative day, January 18), 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 569]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 569), 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.
AMENDMENT
The amendment is as follows:
On page 3, lines 6 and 7, strike ``Before submitting an
offer under subsection (a), the State'' and insert
``After the State submits an offer under subsection
(a), the Secretary''.
PURPOSE
The purpose of S. 569 is to transfer approximately 266
acres of National Forest System land within the Gilt Edge Mine
Superfund Site to the State of South Dakota.
BACKGROUND AND NEED
The South Dakota Commissioner of Public Schools and Lands
is requesting the acquisition of a 266-acre parcel of National
Forest System land inside the Gilt Edge Mine Superfund Site.
The Gilt Edge Mine dates back to 1876 and is an open-pit,
cyanide-19 leach gold mine that was abandoned in 1996 by the
operator. The State owns a portion of land base of the mine
site and has an interest in consolidating adjoining Federal and
private land within the Superfund site to mitigate acidic rock
drainage.
LEGISLATIVE HISTORY
S. 569 was introduced by Senators Thune and Rounds on March
3, 2021. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on the bill on June 16, 2021. A House companion
measure, H.R. 1638, was introduced by Representative Johnson on
March 8, 2021. Senators Thune and Rounds introduced a similar
bill, S. 4616, in the 116th Congress. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on S. 4616 on
November 18, 2020.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 18, 2021, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
569, as amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 569, the Committee adopted
an amendment to the bill. The amendment requires the Secretary
of Agriculture, as opposed to the State, to complete an
appraisal of the proposed land to be conveyed to the State.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 establishes the short title, the ``Gilt Edge Mine
Conveyance Act.''
Section 2. Definitions
Section 2 provides definitions for the bill.
Section 3. Land conveyance
Subsection (a) directs the Secretary of Agriculture, upon
request of the State and subject to the terms and conditions
described in the bill, to convey to the State of South Dakota
approximately 266 acres of National Forest System land within
the Gilt Edge Mine Superfund Boundary at fair market value.
Subsection (b) states that the conveyance is subject to
valid existing rights, made by quitclaim deed, and subject to
any other terms and conditions as deemed appropriate by the
Secretary to protect the interests of the United States.
Subsection (c) requires the Federal government to complete
an appraisal to determine the fair market value of the land
after the State submits an offer to acquire the land.
Subsection (d) requires a map of the land conveyance to be
kept on file and available for public inspection in the
appropriate Forest Service office.
Subsection (e) requires the State to pay the fair market
value as determined by the appraisal.
Subsection (f) directs the State to conduct a survey of the
exact acreage and legal description of the property to be
conveyed.
Subsection (g) requires the State to pay all costs
associated with the conveyance, including the cost of the
appraisal and the cost of the survey.
Subsection (h) directs any proceeds from the conveyance to
be deposited into the fund established under the Sisk Act and
made available for maintenance and improvement projects in
Black Hills National Forest.
Subsection (i) states that the Secretary shall not be
required to provide any covenant or warranty for the Federal
land conveyed to the State.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office has not estimated the costs
of S. 569 as passed by the Senate. The Committee has requested,
but has not yet received, the Congressional Budget Office's
estimate of the cost of S. 569 as ordered reported. When the
Congressional Budget Office completes its cost estimate, it
will be posted on the Internet at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 569. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 569, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 569, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Forest Service, United States
Department of Agriculture at the June 16, 2021, hearing on S.
569 follows:
Statement of Chris French Deputy Chief, National Forest System U.S.
Forest Service, United States Department of Agriculture
Chairman Cortez Masto, Ranking Member Lee and members of
the subcommittee, thank you for the opportunity to appear
before you today to present the views of the U.S. Department of
Agriculture (USDA) on several public land bills.
S. 569, the ``Gilt Edge Mine Conveyance Act,'' would convey
approximately 266 acres of NFS lands administered by the Black
Hills National Forest within the Gilt Edge Mine Superfund site
boundary to the state of South Dakota. The Gilt Edge Mine is in
Lawrence County, South Dakota, within the Black Hills National
Forest boundary. The mine is an inactive gold mine.
USDA supports S. 569 to consolidate ownership in and around
the Gilt Edge Mine. Currently the mine encompasses a patchwork
of NFS lands and lands owned by the state of South Dakota. The
state of South Dakota has jurisdiction and oversight of the
Superfund site to implement remediation actions and provide
long term monitoring. Consolidating ownership of the entire
Gilt Edge Mine to the state of South Dakota will make it easier
for the State to fulfill its obligation for site remediation
and monitoring.
S. 569 requires the state of South Dakota to conduct an
appraisal of the property following uniform appraisal standards
for federal land acquisitions and conform to uniform standards
of professional appraisal practices. The state of South Dakota
will pay to the Secretary of Agriculture an amount equal to the
fair market value of the land to be conveyed. The cost of
conveyance will be paid by the state of South Dakota including
the cost of the appraisal and the survey. Proceeds from the
sale of the 266 acres will be used for the maintenance and
improvement of land or administrative facilities on the Black
Hills National Forest within the state of South Dakota.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
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