[Congressional Record Volume 151, Number 61 (Wednesday, May 11, 2005)]
[Senate]
[Page S4939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS:
  S. 997. A bill to direct the Secretary of Agriculture to convey land 
in the Beaverhead-Deerlodge Forest, Montana, to Jefferson County, 
Montana, for use as a cemetery; 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 for 
continued use as a cemetery.
  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.
  It is clear the cemetery 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. 997

       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''.

     SEC. 2. 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 of Agriculture (referred to in this Act as the 
     ``Secretary''), acting through the Chief of the Forest 
     Service, shall convey to Jefferson County, Montana, for no 
     consideration, all right, title, and interest of the United 
     States 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 National Forest System land 
     (including any improvements on the land) known as the Elkhorn 
     Cemetery, which consists of 10 acres in Jefferson County 
     located in SW1/4 Sec. 14, T. 6 N., R. 3 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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