[Congressional Record Volume 163, Number 209 (Thursday, December 21, 2017)]
[Senate]
[Pages S8267-S8268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION ACT

  The Senate proceeded to consider the bill (S. 35) 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, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Black Hills National 
     Cemetery Boundary Expansion Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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 June 16, 2016.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT 
                   LAND FOR CEMETERY USE.

       (a) Conduct of Due Diligence Activities by the Secretary of 
     Veterans Affairs.--
       (1) In general.--Before the transfer of administrative 
     jurisdiction and withdrawal of the Federal land under 
     subsections (b) and (c), respectively, and subject to 
     paragraph (2), the Secretary of Veterans Affairs shall 
     complete any appropriate environmental, cultural resource, 
     and other due diligence activities on the Federal land that 
     would enable the Secretary of Veterans Affairs to confirm 
     that the Federal land is suitable for cemetery purposes.
       (2) Notice; required coordination.--The Secretary of 
     Veterans Affairs shall--
       (A) before conducting any due diligence activities under 
     paragraph (1), notify the Secretary of the activities to be 
     conducted;
       (B) as the Secretary of Veterans Affairs determines to be 
     necessary in the conduct of the due diligence activities 
     under paragraph (1), coordinate the activities with the 
     Secretary; and
       (C) if the Secretary of Veterans Affairs determines, on 
     completion of the due diligence activities under paragraph 
     (1), that the Federal land is suitable for cemetery purposes, 
     submit written notice of the determination to the Secretary.
       (b) Transfer of Administrative Jurisdiction.--
       (1) Transfer.--
       (A) In general.--On receipt by the Secretary of written 
     notice of a determination that the Federal land is suitable 
     for cemetery purposes under subsection (a)(2)(C), except as 
     provided in subparagraph (B), and subject to valid existing

[[Page S8268]]

     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) Exclusion.--The transfer of administrative jurisdiction 
     over the Federal land under subparagraph (A) shall not 
     include the land located within 100 feet of the center of the 
     Centennial Trail, as generally depicted on the map entitled 
     ``Proposed Expansion of Black Hills National Cemetery-South 
     Dakota'' and dated June 16, 2016.
       (2) Legal descriptions.--
       (A) 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.
       (B) Effect.--A legal description published under 
     subparagraph (A) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any clerical and typographical errors in the legal 
     description.
       (C) Availability.--Copies of the legal description 
     published under subparagraph (A) shall be available for 
     public inspection in the appropriate offices of--
       (i) the Bureau of Land Management; and
       (ii) the National Cemetery Administration.
       (D) Costs.--The Secretary of Veterans Affairs shall 
     reimburse the Secretary for the costs incurred by the 
     Secretary in carrying out this paragraph, including the costs 
     of any surveys and other reasonable costs.
       (c) Withdrawal.--On receipt by the Secretary of written 
     notice of a determination that the Federal land is suitable 
     for cemetery purposes under subsection (a)(2)(C) and subject 
     to valid existing rights, the Federal land--
       (1) 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
       (2) shall be treated as property as defined under section 
     102(9) of title 40, United States Code.
       (d) Boundary Modification.--The boundary of the Cemetery is 
     modified to include the Federal land.
       (e) Modification of Public Land Order.--Public Land Order 
     2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to 
     exclude the Federal land.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.

                          ____________________