[Congressional Record Volume 162, Number 19 (Tuesday, February 2, 2016)]
[Senate]
[Page S513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3226. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. BLACK HILLS NATIONAL CEMETERY BOUNDARY 
                   MODIFICATION.

       (a) Definitions.--In this section:
       (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 September 28, 2015.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Transfer and Withdrawal of Bureau of Land Management 
     Land for Cemetery Use.--
       (1) Transfer of administrative jurisdiction.--
       (A) 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.
       (B) Legal descriptions.--
       (i) 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.
       (ii) Effect.--A legal description published under clause 
     (i) shall have the same force and effect as if included in 
     this section, except that the Secretary may correct any 
     clerical and typographical errors in the legal description.
       (iii) Availability.--Copies of the legal description 
     published under clause (i) shall be available for public 
     inspection in the appropriate offices of--

       (I) the Bureau of Land Management; and
       (II) the National Cemetery Administration.

       (iv) Costs.--The Secretary of Veterans Affairs shall 
     reimburse the Secretary for the costs incurred by the 
     Secretary in carrying out this subparagraph, including the 
     costs of any surveys and other reasonable costs.
       (2) 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--
       (A) 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
       (B) shall be treated as property as defined under section 
     102(9) of title 40, United States Code.
       (3) Boundary modification.--The boundary of the Cemetery is 
     modified to include the Federal land.
       (4) Modification of public land order.--Public Land Order 
     2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to 
     exclude the Federal land.
       (c) Subsequent Transfer of Administrative Jurisdiction.--
       (1) Notice.--On a determination by the Secretary of 
     Veterans Affairs that all or a portion of the Federal land is 
     not being used for purposes of the Cemetery, the Secretary of 
     Veterans Affairs shall notify the Secretary of the 
     determination.
       (2) Transfer of administrative jurisdiction.--Subject to 
     paragraphs (3) and (4), the Secretary of Veterans Affairs 
     shall transfer to the Secretary administrative jurisdiction 
     over the Federal land subject to a notice under paragraph 
     (1).
       (3) Decontaminaton.--The Secretary of Veterans Affairs 
     shall be responsible for the costs of any decontamination of 
     the Federal land subject to a notice under paragraph (1) that 
     the Secretary determines to be necessary for the Federal land 
     to be restored to public land status.
       (4) Restoration to public land status.--The Federal land 
     subject to a notice under paragraph (1) shall only be 
     restored to public land status on--
       (A) acceptance by the Secretary of the Federal land subject 
     to the notice; and
       (B) a determination by the Secretary that the Federal land 
     subject to the notice is suitable for--
       (i) restoration to public land status; and
       (ii) the operation of 1 or more of the public land laws 
     with respect to the Federal land.
       (5) Order.--If the Secretary accepts the Federal land under 
     paragraph (4)(A) and makes a determination of suitability 
     under paragraph (4)(B), the Secretary may--
       (A) open the accepted Federal land to operation of 1 or 
     more of the public land laws; and
       (B) issue an order to carry out the opening authorized 
     under subparagraph (A).
                                 ______