[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       (1) withdrawn from all forms of appropriation under the 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]]

     
                                  ____
                                         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.

                          ____________________