[Congressional Record Volume 162, Number 133 (Tuesday, September 6, 2016)]
[House]
[Pages H5073-H5074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3839) to transfer administrative jurisdiction over
certain Bureau of Land Management land from the Secretary of the
Interior to the Secretary of Veterans Affairs for inclusion in the
Black Hills National Cemetery, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3839
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Black Hills National Cemetery
Boundary Expansion Act''.
SEC. 2. WITHDRAWAL AND TRANSFER OF PUBLIC LAND FOR CEMETERY
USE.
(a) Due Diligence.--Prior to the withdrawal and transfer in
subsection (b), the Secretary of Veterans Affairs will
complete appropriate environmental, cultural resource and
other due diligence activities on the public lands identified
in subsection (c), so that the Secretary of Veterans Affairs
may confirm that the land is suitable for cemetery purposes.
The Secretary of Veterans Affairs shall notify the Secretary
of the Interior of such due diligence activities prior to
initiating and shall coordinate as needed during the
performance of such activities.
(b) Withdrawal and Transfer.--After completion of the due
diligence activities in subsection (a) and upon receipt by
the Secretary of the Interior of written confirmation from
the Secretary of the Veterans Affairs that the land is
suitable for cemetery purposes, and subject to valid existing
rights, the public lands described in subsection (c) shall
be--
(1) withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral
leasing laws, and the geothermal leasing laws, for as long as
the lands remain under the administrative jurisdiction of the
Secretary of Veterans Affairs;
(2) deemed property as defined in section 102(9) of title
40, United States Code, for as long as the lands remain under
the administrative jurisdiction of the Secretary of Veterans
Affairs; and
(3) transferred to the administrative jurisdiction of the
Secretary of Veterans Affairs for use as national cemeteries
under chapter 24 of title 38, United States Code.
(c) Land Description.--The public lands withdrawn, deemed
property, and transferred under subsection (b) shall be the
approximately 200 acres of land adjacent to Black Hills
National Cemetery, South Dakota, generally depicted as
``Proposed National Cemetery Expansion'' on the map entitled
``Proposed Expansion of Black Hills National Cemetery - South
Dakota'' and dated June 16, 2016, except the land located
within 100 feet of the centerline of the Centennial Trail
(which runs along the northern boundary of the ``Proposed
National Cemetery Expansion'') and that is located south of
the Trail.
(d) Boundary Modification.--Immediately after the public
lands are withdrawn, deemed property, and transferred under
subsection (b), the boundary of the Black Hills National
Cemetery shall be modified to include the public lands
identified in subsection (c).
(e) Modification of Public Land Order.--Immediately after
the public lands under subsection (b) are withdrawn, deemed
property, and transferred under subsection (b), Public Land
Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), shall be
modified to exclude the lands identified in subsection (c).
SEC. 3. LEGAL DESCRIPTIONS.
(a) Preparation of Legal Descriptions.--As soon as
practicable following receipt of written confirmation from
the Secretary of the Veterans Affairs that the land is
suitable for cemetery purposes, the Secretary of the Interior
shall publish in the Federal Register a notice containing the
legal descriptions of the public lands withdrawn, deemed
property, and transferred under section 2(b).
(b) Legal Effect.--The legal descriptions prepared under
subsection (a) shall have the same force and effect as if the
legal descriptions were included in this Act, except that the
Secretary of the Interior may correct any clerical and
typographical errors in the legal descriptions.
(c) Availability.--Copies of the map referred to in section
2(c) and the legal descriptions prepared under subsection (a)
shall be available for public inspection in the appropriate
offices of--
(1) the Bureau of Land Management; and
(2) the National Cemetery Administration.
(d) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary of the Interior for reasonable costs
incurred by the Secretary of the Interior in implementing
this section, including the costs of any surveys.
SEC. 4. RESTORATION TO PUBLIC LANDS FOR NON-CEMETERY USE.
(a) Notice and Effect.--Upon a determination by the
Secretary of Veterans Affairs that all or a portion of the
lands withdrawn, deemed property, and transferred under
section 2 shall not be used for cemetery purposes, the
Secretary of Veterans Affairs shall notify the Secretary of
the Interior of such determination. Subject to subsections
(b) and (c), the Secretary of Veterans Affairs shall transfer
administrative jurisdiction of the lands subject to such
notice to the Secretary of the Interior.
(b) Decontamination.--The Secretary of Veterans Affairs
shall be responsible for costs of any decontamination of the
lands resulting from contamination on the lands withdrawn,
deemed property, and transferred under section 2(b) while the
Secretary of Veterans Affairs exercised jurisdiction over
those lands subject to a notice under subsection (a)
determined by the Secretary of the Interior to be necessary
for the lands to be restored to the public lands.
(c) Restoration to the Public Lands.--The lands subject to
a notice under subsection (a) shall only be restored to the
public lands upon acceptance by the Secretary of the Interior
and a determination by the Secretary of the Interior that
such lands are suitable for restoration to the public lands
and operation of one or more of the public land laws.
(d) Opening Order.--If the Secretary of the Interior
accepts the lands subject to such a notice and determines
that the lands are suitable for restoration, in whole or in
part, the Secretary of the Interior may open the lands to
operation of one or more of the public land laws and may
issue an order to that effect.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from Colorado (Mr. Polis) 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 materials 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 myself such time as I may
consume.
This is a unique bill, and I rise in strong support of the Black
Hills National Cemetery Boundary Expansion Act that is offered by the
gentlewoman from South Dakota (Mrs. Noem).
This bill is one of those things that actually helps people. Instead
of being bureaucratically stuck in the predicament that we are, this
will transfer from BLM 200 acres, roughly, to the Department of
Veterans Affairs so they can actually have an expanded cemetery there
for Native Americans. This is one of those things where we are actually
doing something good to help people, and it takes a piece of
legislation to allow that to happen when it should have been done
administratively.
At this point, I include in the Record an exchange of letters with
Chairman Jeff Miller of the Veterans' Affairs Committee and thank him
and his staff for their cooperation in scheduling this particular bill.
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, July 6, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources.
Dear Mr. Rob: I am writing to you concerning H.R. 3839, the
Black Hills National Cemetery Boundary Expansion Act. There
are certain provisions in the legislation which fall within
the Rule X jurisdiction of the Committee on Veterans'
Affairs.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Veterans' Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
3839 and into the Congressional Record during consideration
of the measure on the House floor. Thank you.
Sincerely,
Jeff Miller,
Chairman.
[[Page H5074]]
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House of Representatives,
Committee on Natural Resources,
Washington, DC, July 7, 2016.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs.
Dear Mr. Chairman: On June 15, 2016, the Committee on
Natural Resources ordered favorably reported as amended H.R.
3839, the Black Hills National Cemetery Boundary Expansion
Act, by unanimous consent. The bill was referred primarily to
the Committee on Natural Resources, with an additional
referral to the Committee on Veterans' Affairs.
I thank you for allowing the Committee on Veterans' Affairs
to be discharged from further consideration of the bill so
that it may be scheduled by the Majority Leader. This
discharge in no way affects your jurisdiction over the
subject matter of the bill, and it will not serve as
precedent for future referrals. In addition, should a
conference on the bill be necessary, I would support having
the Committee on Veterans' Affairs represented on the
conference committee. Finally, I would be pleased to include
your letter and this response in the bill report filed by the
Committee on Natural Resources to memorialize our
understanding, as well as in the Congressional Record when
the bill is considered by the House.
Thank you for your response and cooperation. I look forward
to further opportunities to work with you this Congress.
Sincerely,
Rob Bishop,
Chairman, Committee on Natural Resources.
Mr. BISHOP of Utah. I yield such time as she may consume to the
gentlewoman from South Dakota (Mrs. Noem), who is a sponsor of this
bill.
Mrs. NOEM. Mr. Speaker, I rise in support of H.R. 3839, the Black
Hills National Cemetery Boundary Expansion Act. I want to thank the
chairman of the committee and his staff for helping to move this bill
through the House and the agencies involved for their constructive
input. Their support means so much to me, to our veterans, and to all
of their families as well.
Those who have served, and the families that have sacrificed beside
them, deserve our Nation's eternal gratitude. Since 1948, the Black
Hills National Cemetery has been but one way that this appreciation is
shown.
The cemetery currently covers around 100 acres of land and is home to
the Korean Veterans War Memorial. Most importantly, its peaceful
landscape serves as the final resting place for hundreds of
servicemembers and their families.
Chief David Beautiful Bald Eagle is among the brave men and women
buried there. Born in a tepee in 1919, Chief Bald Eagle served our
country in World War II as a paratrooper and one of the legendary
Lakota code talkers. We lost him earlier this summer, but his life
continues to be an inspiration to the Lakota people and to those who
knew him.
Brigadier General Richard E. Ellsworth is also laid to rest there.
This is a man who flew 400 combat missions during Word War II and
earned numerous medals. He returned to the U.S., where he eventually
became wing commander of the Rapid City Air Force Base. In 1953, that
base was renamed to Ellsworth Air Force Base in his honor.
We honor the legacy of those veterans and many others at the Black
Hills National Cemetery, but the facility will not have the room it
needs to continue serving future veterans without expansion. This bill
will allow that expansion by transferring around 200 acres of adjacent
land near Sturgis, South Dakota, from the Bureau of Land Management's
jurisdiction to the Department of Veterans Affairs.
My office has worked with these agencies and stakeholders in crafting
the legislation, and all agree that this land transfer is necessary.
The transfer of this land will provide the Black Hills National
Cemetery with the additional burial space that it needs and assure
today's veterans and servicemembers, as well as their families, that we
will be able to uphold our commitment and offer this Nation's eternal
gratitude for all that they have done.
Again, I thank the committee and the chairman and my colleagues for
supporting this bill, and I urge a ``yes'' vote.
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
As a fellow Representative of the West, I join my colleagues from
Utah and South Dakota in support of this bill. Whenever we need to make
an alteration to Federal land, whether it is the U.S. Forest Service or
the Bureau of Land Management, it frequently requires an actual bill to
go through this entire process--the House, the Senate, and the
President's signature. I have had to do that a number of times and
worked with our chairman on a number of bills important to my district.
Now we have one that is not only of importance to South Dakotans, but
important to veterans nationally. This bill provides the Veterans
Administration with 200 acres of Federal land that is managed by the
BLM to expand the Black Hills National Cemetery.
As we know, national cemeteries are reserved for brave men and women
who have made the ultimate sacrifice while serving in the military, and
it is important that we have space to meet those interment requests.
Our veterans have served their country, and they deserve to permanently
rest in a cemetery that honors their sacrifice and commitment to the
ideals that hold us together as a nation.
It so happens that the BLM land that this bill would transfer abuts
the current cemetery. The BLM and the VA determined that only Congress
can provide the permanent jurisdiction transfer necessary for this
expansion. Again, that is not uncommon to actually bring bills before
Congress for land exchanges or border extensions. That is why we are
discussing this bipartisan, commonsense bill, and I urge my colleagues
to join me in supporting it. Expanding the Black Hills National
Cemetery is a noble and worthy cause. It deserves our support.
I want to thank Representative Noem of South Dakota for bringing this
issue forward and for all of her hard work in guiding this bill through
committee and, hopefully, shortly, through the United States Congress.
I urge my colleagues to join me in supporting this bill.
I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, once again, this is a great bill.
Without this bill, they run out of space. With this bill, we continue
to actually help people, which is one of the reasons why Congress
exists, to do good things for people.
I urge my colleagues to adopt this measure.
I yield back the balance of my time.
{time} 1915
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. 3839, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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