[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.

                                  [all]