[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 35 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                 S. 35

_______________________________________________________________________

                                 AN ACT


 
  To transfer administrative jurisdiction over certain Bureau of Land 
Management land from the Secretary of the Interior to the Secretary of 
 Veterans Affairs for inclusion in the Black Hills National Cemetery, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Black Hills National Cemetery 
Boundary Expansion Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cemetery.--The term ``Cemetery'' means the Black Hills 
        National Cemetery in Sturgis, South Dakota.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 200 acres of Bureau of Land Management land 
        adjacent to the Cemetery, generally depicted as ``Proposed 
        National Cemetery Expansion'' on the map entitled ``Proposed 
        Expansion of Black Hills National Cemetery-South Dakota'' and 
        dated June 16, 2016.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR 
              CEMETERY USE.

    (a) Conduct of Due Diligence Activities by the Secretary of 
Veterans Affairs.--
            (1) In general.--Before the transfer of administrative 
        jurisdiction and withdrawal of the Federal land under 
        subsections (b) and (c), respectively, and subject to paragraph 
        (2), the Secretary of Veterans Affairs shall complete any 
        appropriate environmental, cultural resource, and other due 
        diligence activities on the Federal land that would enable the 
        Secretary of Veterans Affairs to confirm that the Federal land 
        is suitable for cemetery purposes.
            (2) Notice; required coordination.--The Secretary of 
        Veterans Affairs shall--
                    (A) before conducting any due diligence activities 
                under paragraph (1), notify the Secretary of the 
                activities to be conducted;
                    (B) as the Secretary of Veterans Affairs determines 
                to be necessary in the conduct of the due diligence 
                activities under paragraph (1), coordinate the 
                activities with the Secretary; and
                    (C) if the Secretary of Veterans Affairs 
                determines, on completion of the due diligence 
                activities under paragraph (1), that the Federal land 
                is suitable for cemetery purposes, submit written 
                notice of the determination to the Secretary.
    (b) Transfer of Administrative Jurisdiction.--
            (1) Transfer.--
                    (A) In general.--On receipt by the Secretary of 
                written notice of a determination that the Federal land 
                is suitable for cemetery purposes under subsection 
                (a)(2)(C), except as provided in subparagraph (B), and 
                subject to valid existing rights, administrative 
                jurisdiction over the Federal land is transferred from 
                the Secretary to the Secretary of Veterans Affairs for 
                use as a national cemetery in accordance with chapter 
                24 of title 38, United States Code.
                    (B) Exclusion.--The transfer of administrative 
                jurisdiction over the Federal land under subparagraph 
                (A) shall not include the land located within 100 feet 
                of the center of the Centennial Trail, as generally 
                depicted on the map entitled ``Proposed Expansion of 
                Black Hills National Cemetery-South Dakota'' and dated 
                June 16, 2016.
            (2) Legal descriptions.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                publish in the Federal Register a notice containing a 
                legal description of the Federal land.
                    (B) Effect.--A legal description published under 
                subparagraph (A) shall have the same force and effect 
                as if included in this Act, except that the Secretary 
                may correct any clerical and typographical errors in 
                the legal description.
                    (C) Availability.--Copies of the legal description 
                published under subparagraph (A) shall be available for 
                public inspection in the appropriate offices of--
                            (i) the Bureau of Land Management; and
                            (ii) the National Cemetery Administration.
                    (D) Costs.--The Secretary of Veterans Affairs shall 
                reimburse the Secretary for the costs incurred by the 
                Secretary in carrying out this paragraph, including the 
                costs of any surveys and other reasonable costs.
    (c) Withdrawal.--On receipt by the Secretary of written notice of a 
determination that the Federal land is suitable for cemetery purposes 
under subsection (a)(2)(C) and subject to valid existing rights, the 
Federal land--
            (1) is withdrawn from all forms of appropriation under the 
        public land laws, including the mining laws, the mineral 
        leasing laws, and the geothermal leasing laws; and
            (2) shall be treated as property as defined under section 
        102(9) of title 40, United States Code.
    (d) Boundary Modification.--The boundary of the Cemetery is 
modified to include the Federal land.
    (e) Modification of Public Land Order.--Public Land Order 2112, 
dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the 
Federal land.

            Passed the Senate December 21, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 35

_______________________________________________________________________

                                 AN ACT

  To transfer administrative jurisdiction over certain Bureau of Land 
Management land from the Secretary of the Interior to the Secretary of 
 Veterans Affairs for inclusion in the Black Hills National Cemetery, 
                        and for other purposes.