II Calendar No. 793 110th CONGRESS 2d Session S. 2124 [Report No. 110–361] IN THE SENATE OF THE UNITED STATES October 1, 2007 Mr. Baucus (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources June 16, 2008 Reported by Mr. Bingaman, without amendment A BILL To direct the Secretary of Agriculture to convey certain land in the Beaverhead-Deerlodge National Forest, Montana, to Jefferson County, Montana, for use as a cemetery.

1.

Short title

This Act may be cited as the Montana Cemetery Act of 2007.

2.

Definitions

In this Act: (1)

County

The term County means Jefferson County, Montana. (2)

Map

The term map means the map that is— (A)entitled Elkhorn Cemetery; (B)dated May 9, 2005; and (C)on file in the office of the Beaverhead-Deerlodge National Forest Supervisor. (3)

Secretary

The term Secretary means the Secretary of Agriculture.

3.

Conveyance to jefferson County, Montana

(a)

Conveyance

Not later than 180 days after the date of enactment of this Act and subject to valid existing rights, the Secretary (acting through the Regional Forester, Northern Region, Missoula, Montana) shall convey by quitclaim deed to the County for no consideration, all right, title, and interest of the United States, except as provided in subsection (e), in and to the parcel of land described in subsection (b). (b)

Description of Land

The parcel of land referred to in subsection (a) is the parcel of approximately 9.67 acres of National Forest System land (including any improvements to the land) in the County that is known as the Elkhorn Cemetery, as generally depicted on the map. (c)

Use of Land

As a condition of the conveyance under subsection (a), the County shall— (1)use the land described in subsection (b) as a County cemetery; and (2)agree to manage the cemetery with due consideration and protection for the historic and cultural values of the cemetery, under such terms and conditions as are agreed to by the Secretary and the County. (d)

Easement

In conveying the land to the County under subsection (a), the Secretary, in accordance with applicable law, shall grant to the County an easement across certain National Forest System land, as generally depicted on the map, to provide access to the land conveyed under that subsection. (e)

Reversion

In the quitclaim deed to the County, the Secretary shall provide that the land conveyed to the County under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the land is— (1)used for a purpose other than the purposes described in subsection (c)(1); or (2)managed by the County in a manner that is inconsistent with subsection (c)(2).

June 16, 2008 Reported without amendment