[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 35 Reported in House (RH)]
<DOC>
Union Calendar No. 479
115th CONGRESS
2d Session
S. 35
[Report No. 115-626, Part I]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2018
Referred to the Committee on Natural Resources, and in addition to the
Committee on Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
April 10, 2018
Reported from the Committee on Natural Resources
April 10, 2018
The Committee on Veterans' Affairs discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
_______________________________________________________________________
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.
Union Calendar No. 479
115th CONGRESS
2d Session
S. 35
[Report No. 115-626, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
April 10, 2018
Reported from the Committee on Natural Resources
April 10, 2018
The Committee on Veterans' Affairs discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed