[Congressional Record Volume 159, Number 62 (Monday, May 6, 2013)]
[House]
[Pages H2410-H2411]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        BLACK HILLS CEMETERY ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 291) to provide for the conveyance of certain 
cemeteries that are located on National Forest System land in Black 
Hills National Forest, South Dakota.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 291

       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 
Alaska (Mr. Young) and the gentleman from Arizona (Mr. Grijalva) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska.


                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from South Dakota (Mrs. Noem), the author of 
the bill, to explain the bill.
  Mrs. NOEM. Mr. Speaker, I thank the chairman for his work on these 
important issues. I appreciate it.
  Today I rise in support of H.R. 291, the Black Hills Cemetery Act. 
This bill is of great importance to the communities of the Black Hills 
area of South Dakota. The Black Hills of South Dakota are home to a 
number of historic cemeteries. Many of these originated in old mining 
towns dating back to the 1800s, and they have unique significance to 
the communities surrounding them. These include the Englewood, Galena, 
Hayward, Mountain Meadows, Roubaix, Nemo, Rockerville, Silver City, and 
the Cold Springs cemeteries.
  These cemeteries are currently being managed by local cemetery 
associations and community groups in the

[[Page H2411]]

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 the responsibility for upkeep and dealing 
with possible vandalism or damage to property in these cemeteries.
  At almost no cost to taxpayers, the Black Hills Cemetery Act would 
simply transfer ownership of these cemeteries and up to 2 acres of 
adjacent land to the caretaking communities. They have managed them for 
generations under special use permits issued by the Forest Service. It 
also makes clear that these cemeteries will continue to be used for the 
same purpose as they always have been 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. In fact, this bill was introduced and passed last year 
by the House with broad, bipartisan support. I look forward to seeing 
this bill pass again this year, and pass through the Senate this time 
so we can resolve this matter for the communities in South Dakota.
  I would like to thank the communities and 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 pushing this bill forward for the second time. These communities 
have been asking for a solution to this situation for a number of 
years, and as their Representative, I'm glad that we have the 
opportunity to pass this bill again in the House today.
  I want to thank Chairman Young for his leadership as well, and I urge 
my colleagues to support and pass this bill for these communities in 
South Dakota.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 291 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 the 
legislation.
  With that, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further speakers.
  Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 291.
  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. GRIJALVA. 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 motion will be postponed.

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