[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 35 Reported in Senate (RS)]
<DOC>
Calendar No. 49
115th CONGRESS
1st Session
S. 35
[Report No. 115-35]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 5, 2017
Mr. Thune (for himself, Mr. Rounds, and Mr. Enzi) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
May 3, 2017
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Black Hills National
Cemetery Boundary Expansion Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Cemetery.--The term ``Cemetery'' means the
Black Hills National Cemetery in Sturgis, South
Dakota.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED>SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT
LAND FOR CEMETERY USE.</DELETED>
<DELETED> (a) Transfer of Administrative Jurisdiction.--</DELETED>
<DELETED> (1) In general.--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.</DELETED>
<DELETED> (2) Legal descriptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Availability.--Copies of the legal
description published under subparagraph (A) shall be
available for public inspection in the appropriate
offices of--</DELETED>
<DELETED> (i) the Bureau of Land Management;
and</DELETED>
<DELETED> (ii) the National Cemetery
Administration.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Withdrawal.--Subject to valid existing rights, for any
period during which the Federal land is under the administrative
jurisdiction of the Secretary of Veterans Affairs, the Federal land--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) shall be treated as property as defined under
section 102(9) of title 40, United States Code.</DELETED>
<DELETED> (c) Boundary Modification.--The boundary of the Cemetery
is modified to include the Federal land.</DELETED>
<DELETED> (d) Modification of Public Land Order.--Public Land Order
2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude
the Federal land.</DELETED>
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.
Calendar No. 49
115th CONGRESS
1st Session
S. 35
[Report No. 115-35]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
May 3, 2017
Reported with an amendment