[Congressional Record Volume 163, Number 20 (Monday, February 6, 2017)]
[House]
[Pages H985-H987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1715
BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION ACT
Mr. LAMBORN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 337) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 337
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 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(1) withdrawn from all forms of appropriation under the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 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
[[Page H986]]
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
Colorado (Mr. Lamborn) and the gentleman from Colorado (Mr. Polis) each
will control 20 minutes.
The Chair recognizes the gentleman from Colorado (Mr. Lamborn).
General Leave
Mr. LAMBORN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 337, the Black Hills National
Cemetery Boundary Expansion Act, sponsored by Congresswoman Kristi Noem
of South Dakota.
This bill expands the Black Hills National Cemetery, outside of
Sturgis, South Dakota, by permanently transferring the jurisdictional
authority of approximately 200 acres of undeveloped Federal land from
the Bureau of Land Management to the Department of Veterans Affairs.
Originally opened in 1948, the cemetery now houses a memorial
carillon, a memorial to Korean war veterans, and is the final resting
place of many notable veterans, including Medal of Honor recipient
Sergeant Charles Windolph. With its existing acreage, the cemetery can
only accommodate a finite number of additional burials. Transferring
jurisdiction of the land from the BLM to the VA will provide space for
hundreds of additional grave sites for future generations of American
veterans. Without the transfer, the National Cemetery Administration
will be forced to close the cemetery to further burials in the very
near future.
This is a commonsense piece of legislation that will ensure that the
Black Hills National Cemetery can continue to provide proper burial
sites and final resting places for America's fallen heroes.
At this point, I include in the Record an exchange of letters with
Chairman Roe of the Veterans' Affairs Committee regarding this bill. I
thank him for helping to expedite the consideration of this bill today.
I commend Representative Noem for working closely with both the BLM
and the VA on this issue, and I urge the adoption of the measure.
I reserve the balance of my time.
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, February 1, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Mr. Chairman: I am writing to you concerning H.R. 337,
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.
337 and into the Congressional Record during consideration of
the measure on the House floor. Thank you.
Sincerely,
David P. Roe, M.D.,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, February 2, 2017.
Hon. David P. Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
Washington, DC.
Dear Mr. Chairman: H.R. 337. the Black Hills National
Cemetery Boundary Expansion Act, was introduced on January 5,
2017. 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, to memorialize our
understanding, I would be pleased to include your letter and
this response 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. POLIS. Mr. Speaker, I yield myself such time as I may consume.
This bill provides the Veterans Administration with 200 acres of
Federal land, which are currently managed by the Bureau of Land
Management, in order to expand the Black Hills National Cemetery.
National cemeteries are reserved for the brave men and women who make
the ultimate personal sacrifice while serving in the military in
defense of our freedom, and it is important that we have the sufficient
space to meet all of those interment requests. These heroes have served
our country and deserve to permanently rest in a cemetery that honors
their sacrifice and commitment to the ideals that hold us together as a
nation.
With respect to the Black Hills National Cemetery specifically, the
BLM and the VA determined that only Congress can provide the permanent
jurisdiction transfer that is needed for this particular expansion;
thus, we are considering this bill and, after passage, are encouraging
our friends in the Senate to do the same.
Of course, this bill represents a small fraction of the ways we can
support our veterans and need to support our veterans to demonstrate
our appreciation for those who have served. We need to improve access
to education and job training. We need to increase funding and raise
the bar on accountability for the Department of Veterans Affairs. We
should work to shorten wait times at VA hospitals by allowing nurses to
practice to the full extent of their licensure to ensure quality care
in a quicker way at a reasonable cost, and there are many other things
we need to do to make sure that those who proudly put their lives on
the line--or in this case, who have paid the ultimate price to protect
our freedom--and their families and loved ones are cared for by this
country in recognition of their sacrifice.
I do believe this simple change in land ownership will have an impact
by providing the men and women who have bravely served a final resting
place. Expanding the Black Hills National Cemetery is a noble and
worthy cause that deserves our support.
I thank my colleague from South Dakota for bringing this issue
forward and for her hard work in guiding this bill through Congress. I
urge my colleagues to join me in supporting this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LAMBORN. Mr. Speaker, I thank the gentleman from Colorado for his
gracious remarks.
I yield such time as she may consume to the gentlewoman from the
great State of South Dakota (Mrs. Noem), who is working hard for the
people of her State.
Mrs. NOEM. I thank the gentleman for yielding.
Mr. Speaker, I rise in support of H.R. 337, the Black Hills National
Cemetery Boundary Expansion Act.
I thank the chairman of the committee and his staff for working so
hard to move this bill through Congress. Their support means so much to
our veterans and to their families.
Those who have served and those families who have sacrificed beside
them deserve our Nation's eternal gratitude. Since 1948, the Black
Hills National Cemetery has been one way that we have shown that
appreciation to them. The cemetery currently covers about 100 acres of
land and is home to the Korean War Veterans Memorial. Its peaceful
landscape serves as the final resting place for hundreds of
servicemembers and their family members.
[[Page H987]]
Chief David Beautiful Bald Eagle is among the brave men and women
buried here. Born in a tepee in 1919, Chief Bald Eagle served our
country in World War II as a paratrooper and as one of the legendary
Lakota code talkers. We lost him last summer, but his life continues to
be an inspiration to the Lakota people and those who knew him.
Brigadier General Richard E. Ellsworth was also laid to rest there.
He was a man who flew 400 combat missions during World War II. He
earned numerous medals and returned to the U.S., where he eventually
became wing commander of the Rapid City Air Force Base. In 1953, that
base was renamed in his honor.
The surrounding community also does its part to honor this hallowed
ground. On a brisk day this past December, Pennington County 4-H, the
Sturgis Boy Scouts, the Veterans of Foreign Wars Auxiliary, and
community members came together and placed over 1,000 wreaths on the
graves of servicemembers who were laid to rest at this cemetery. They
upheld the vow that those laid to rest should never be forgotten. Now
we must do our part to uphold that very same vow.
So we honor the legacy of these veterans and many others at the Black
Hills National Cemetery, but the facility is not going to have the room
it needs to continue serving future veterans without expansion. This
bill would 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 worked with these agencies and the stakeholders in crafting this
legislation, and all agreed that this land transfer is necessary.
The transfer of this land will provide the Black Hills National
Cemetery with the additional burial space that is needed to assure that
today's veterans and servicemembers, as well as their families, will be
able to utilize the space and that we will be able to uphold our
commitment and offer this Nation's eternal gratitude for everything
that they have done for us.
Again, I thank the committee, my colleagues, and the chairman for
supporting this bill. I urge a ``yes'' vote.
Mr. POLIS. Mr. Speaker, I urge my colleagues to support this bill
that supports our veterans.
I yield back the balance of my time.
Mr. LAMBORN. Mr. Speaker, I urge the adoption of this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Colorado (Mr. Lamborn) that the House suspend the rules
and pass the bill, H.R. 337.
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. LAMBORN. 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.
____________________