Page:United States Statutes at Large Volume 113 Part 3.djvu/176

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


113 STAT. 1694 PUBLIC LAW 106-138—DEC. 7, 1999 Deadline. at fair market value and to utilize the proceeds to acquire more desirable lands for addition to the Black Hills National Forest for permanent public use and enjoyment. (b) PURPOSE. —It is the purpose of this Act to require the conveyance of certain National Forest System lands at the Terry Peak Ski Area to the Ski Area and to utilize the proceeds to acquire more desirable lands for the United States for permanent public use and enjoyment. SEC. 3. DEFINITIONS. As used in this Act: (1) The term "Secretary" means the Secretary of Agriculture, unless otherwise specified. (2) The term "selected land" means land comprising approximately 41.42 acres and generally depicted as Government lots 6 and 11, section 2, township 4 north, range 2 east. Black Hills meridian, on a map entitled "Terry Peak Land Conveyance", dated March 1999. (3) The terms "Terry Peak Ski Area" and "Ski Area" mean the Black Hills Chairlift Company, a South Dakota Corporation, or its successors, heirs and assigns. SEC. 4. LAND CONVEYANCE AND MISCELLANEOUS PROVISIONS. (a) CONVEYANCE REQUIRED. —The Secretary of Agriculture shall convey the selected land to the Terry Peak Ski Area at fair market value, as determined by the Secretary. (b) APPRAISAL.—The value of the selected land shall be determined by the Secretary utilizing nationally recognized appraisal standards, including to the extent appropriate, the Uniform Appraisal Standards For Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and other applicable law. The costs of the appraisal shall be paid for by the Ski Area. (c) COMPLETION OF CONVEYANCE.— It is the sense of the Congress that the conveyance to the Ski Area required by this Act be consummated no later than 6 months after the date of the enactment of this Act, unless the Secretary and the Ski Area mutually agree to extend the consummation date. Prior to conveying the selected land to the Ski Area, the Secretary shall complete standard pre-disposal analyses and clearances pertaining to threatened and endangered species, cultural and historic resources, wetlands and floodplains, and hazardous materials. (d) USE OF PROCEEDS BY THE SECRETARY. —All monies received by the Secretary pursuant to this Act shall be considered monies received and deposited pursuant to Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act) and shall be utilized by the Secretary to acquire replacement land from willing sellers for addition to the Black Hills National Forest in South Dakota. Any lands so acquired shall be added to and administered as part of the Black Hills National Forest and, if any such land lies outside the exterior boundaries of the Forest, the Secretary may modify the boundary of the Forest to include such land. Nothing in this section shall be construed to limit the authority of the Secretary to adjust the boundaries of the Forest pursuant to section 11 of the Act of March 1, 1911 (16 U.S.C. 521; commonly known as the Weeks Act). (e) CONVEYANCE SUBJECT TO VALID EXISTING RIGHTS, EASE- MENTS.— The conveyance to the Ski Area required by this Act shall