[Senate Report 117-55] [From the U.S. Government Publishing Office] Calendar No. 252 117th Congress } } Report SENATE 2d Session } } 117-55 ====================================================================== 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]