[Congressional Record Volume 151, Number 51 (Monday, April 25, 2005)]
[Senate]
[Pages S4192-S4193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS:
  S. 899. A bill to direct the Secretary of Agriculture to convey 
certain land in the Beaverhead-Deerlodge and Kootenai National Forests, 
Montana, to Jefferson County and Sanders County, Montana, for use as 
cemeteries and other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. BURNS. Mr. President, this bill conveys 3.4 acres on the 
Beaverhead-Deerlodge National Forest to Jefferson County, MT and 10 
acres on the Kootenai National Forest to Sanders County, MT for 
continued use as cemeteries.
  The Elkhorn Cemetery in Jefferson County has been used as a cemetery 
since the 1860's. Due to surveying errors and limited information when 
the National Forest boundaries were surveyed in the early 1900's, the 
cemetery was included as National Forest lands. The cemetery is still 
in use by local families who homesteaded and worked the mines in the 
area. However, Forest Service manual direction strongly discourages 
burials on National Forest lands, placing both the families and Forest 
Service in an awkward position.
  The Noxon Cemetery is part of a Kootenai National Forest 
administrative site that is currently for sale. The cemetery has been 
used since at least 1910 and contains over 300 graves. Sanders County 
wants to protect the cemetery from potential damage, and the Forest 
Service wants to remove the encumbrance of the cemetery from the 
administrative site sale or future Federal ownership.
  In both locations, it is clear the cemeteries should not have been 
included as part of the National Forest. The County Commissioners and 
the local public strongly support the conveyance.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 899

       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 ``Montana Cemetery Act of 
     2005''.

[[Page S4193]]

     SEC. 2. CONVEYANCE TO JEFFERSON COUNTY AND SANDERS 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 of Agriculture (referred to in this Act as the 
     ``Secretary''), acting through the Chief of the Forest 
     Service, shall convey to Jefferson County, Montana, the 
     Elkhorn Cemetery and to Sanders County, Montana, the Noxon 
     Cemetery, for no consideration, all right, title, and 
     interest of the United States in and to the parcels of land 
     as described in subsection (b).
       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) are the parcels of National Forest System 
     land (including any improvements on the land) known as--
       (1) the Elkhorn Cemetery, which consists of 10 acres in 
     Jefferson County located in SW1/4 Sec. 14, T. 6 N., R. 3 W.; 
     and
       (2) the Noxon Cemetery, which consists of 3.4 acres in 
     Sanders County located in SE1/4, Sec. 24, T. 26 N., R. 33 W.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions for the 
     conveyance under subsection (a) as the Secretary considers 
     appropriate to protect the interests of the United States.

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