[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Pages H2681-H2682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        BLACK HILLS CEMETERY ACT

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3874) to provide for the conveyance of eight cemeteries 
that are located on National Forest System land in Black Hills National 
Forest, South Dakota, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3874

       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 Cemetery Act''.

     SEC. 2. LAND CONVEYANCES, CERTAIN CEMETERIES LOCATED IN BLACK 
                   HILLS NATIONAL FOREST, SOUTH DAKOTA.

       (a) Cemetery Conveyances Required.--The Secretary of 
     Agriculture shall convey, without consideration, to the local 
     communities in South Dakota that are currently managing and 
     maintaining certain community cemeteries (as specified in 
     subsection (b)) all right, title, and interest of the United 
     States in and to--
       (1) the parcels of National Forest System land containing 
     such cemeteries; and
       (2) up to an additional two acres adjoining each cemetery 
     in order to ensure the conveyances include unmarked 
     gravesites and allow for expansion of the cemeteries.
       (b) Property and Recipients.--The properties to be conveyed 
     under subsection (a), and the recipients of each property, 
     are as follows:
       (1) The Silver City Cemetery to the Silver City Volunteer 
     Fire Department.
       (2) The Hayward Cemetery to the Hayward Volunteer Fire 
     Department.
       (3) The encumbered land adjacent to the Englewood Cemetery 
     (encompassing the cemetery entrance portal, access road, 
     fences, 2,500 gallon reservoir and building housing such 
     reservoir, and piping to provide sprinkling system to the 
     cemetery) to the City of Lead.
       (4) The land adjacent to the Mountain Meadow Cemetery to 
     the Mountain Meadow Cemetery Association.
       (5) The Roubaix Cemetery to the Roubaix Cemetery 
     Association.
       (6) The Nemo Cemetery to the Nemo Cemetery Association.
       (7) The Galena Cemetery to the Galena Historical Society.
       (8) The Rockerville Cemetery to the Rockerville Community 
     Club.
       (9) The Cold Springs Cemetery (including adjacent school 
     yard and log building) to the Cold Springs Historical 
     Society.
       (c) Condition of Conveyance.--Each conveyance under 
     subsection (a) shall be subject to the condition that the 
     recipient accept the conveyed real property in its condition 
     at the time of the conveyance.
       (d) Use of Land Conveyed.--The lands conveyed under 
     subsection (a) shall continue to be used in the same manner 
     and for the same purposes as they were immediately prior to 
     their conveyance under this Act.
       (e) Description of Property.--The exact acreage and legal 
     description of each parcel of real property to be conveyed 
     under subsection (a) shall be determined by surveys 
     satisfactory to the Secretary. The cost of the survey for a 
     particular parcel shall be borne by the recipient of such 
     parcel.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from New Mexico (Mr. Heinrich) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield such time as she may consume 
to Mrs. Noem of South Dakota, the sponsor of this bill, who has worked 
so hard and has done such a great job on it, to explain this 
commonsense bill.
  Mrs. NOEM. Mr. Speaker, I thank the gentleman for yielding.

[[Page H2682]]

  Today I rise in support of my legislation, H.R. 3874, the Black Hills 
Cemetery Act. This bill is of great importance to many communities in 
the Black Hills of South Dakota.
  The Black Hills in South Dakota is home to a number of historic 
communities and cemeteries. Many of these originated in old mining 
towns in the 1800s. They have unique significance to the surrounding 
communities. These include the Englewood Cemetery, the Galena Cemetery, 
Hayward Cemetery, Mountain Meadows Cemetery, Roubaix Cemetery, Nemo 
Cemetery, Rocker-ville Cemetery, Silver City Cemetery, and the Cold 
Springs Cemetery.
  These cemeteries are currently being managed by local cemetery 
associations or community groups in the surrounding areas, but have 
been technically owned by the U.S. Forest Service since the 1900s. This 
causes unnecessary liability for the U.S. Forest Service because of 
responsibility for upkeep and dealing with possible vandalism or damage 
to the property.
  The Black Hills Cemetery Act would simply transfer ownership of these 
cemeteries and up to 2 acres of adjacent land to the caretaking 
communities that have managed them for generations under special-use 
permits issued by the Forest Service at almost no cost to taxpayers. It 
also makes clear that these cemeteries will continue to be used for the 
same purpose as they have always been used in the past.
  I sponsored this bill at the request of these communities and the 
current caretakers of the cemeteries and in consultation with the U.S. 
Forest Service. An article by the Rapid City Journal talked about 
Dennis McMillin, who is chief of the local volunteer fire department 
that takes care of the Hayward Cemetery. He mentioned that passing this 
bill would make it less complicated for both the caretakers and for the 
United States Forest Service. He also mentioned that this bill is 
important because it allows for some expansion for those families who 
are still interested in burial plots.
  A lot of local residents have relatives buried in these cemeteries, 
so this coming Memorial Day, many will pay their respects to family 
members. Many of these communities will hold special services on the 
cemetery grounds in the coming weeks. After the House passes this bill, 
these families and communities are one step closer to having these 
cemeteries officially in their care and will continue to do an 
excellent job managing them.
  I would like to thank the communities and the local residents for 
their help in working with my office and for advocating for this bill. 
I would also like to thank Chairmen Hastings and Bishop and their 
staffs for helping me push this bill forward.
  It is important for those reasons that we pass this bill and that the 
Senate does the same. These communities have been asking for a solution 
to this situation for a number of years, and as their Representative, 
I'm glad we have the opportunity to pass this bill today off the House 
floor.
  I urge my colleagues to support and pass this bill for the 
communities in South Dakota.
  Mr. HEINRICH. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HEINRICH asked and was given permission to revise and extend his 
remarks.)
  Mr. HEINRICH. Mr. Speaker, H.R. 3874 conveys cemeteries currently on 
Forest Service lands to communities in South Dakota. These local 
communities already manage and maintain these cemeteries, and the 
legislation requires that these lands continue to be used for cemetery 
purposes.
  We have no objections to this legislation, and with that, I yield 
back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself the balance of my 
time.
  This commonsense piece of legislation moves nine parcels of land to 
the respective communities that currently manage and maintain these 
cemeteries. It frees the Forest Service from administering these 
cemeteries so they can focus on other jobs, like maybe tackling the 
growing mountain pine beetle epidemic in the Black Hills. It's a great 
bill, I urge its adoption, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, H.R. 3874, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________