[Congressional Record Volume 164, Number 79 (Tuesday, May 15, 2018)]
[House]
[Pages H3951-H3953]
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 (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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 35

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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 
     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

[[Page H3952]]

       (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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Florida (Mr. Soto) 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 material 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 such time as she may consume 
to the gentlewoman from South Dakota (Mrs. Noem), who is the House 
sponsor of this particular bill and who has done so much work on this. 
I allow her to introduce this piece of legislation that is so 
significant to her State.
  Mrs. NOEM. Mr. Speaker, I want to thank the chairman as well for all 
of his help getting this bill done.
  I rise today in support of the Black Hills National Cemetery Boundary 
Expansion Act, and I urge my colleagues to vote for it.
  This morning, I was up at 4 a.m. and got to the Sioux Falls Airport 
by 5 a.m. to greet a group of veterans who were taking an Honor Flight. 
They were getting on a plane and heading to Washington, D.C. to see 
their monuments and to spend some time with family and guardians 
reminiscing about their service to this country. I was reminded about 
the sacrifices that they have made to defend our liberty and our 
freedoms in this country. They were looking forward to it.
  As I listened to their stories and heard about their time overseas 
and in-country, but also on ships and field, it was overwhelming to me 
what all they had done and what they had experienced in service to this 
country.
  In fact, one of the men was in his eighties, and it was going to be 
the first time today that he actually flew on an airplane. When he was 
in the Navy, he took a train to the coast and got on a ship. He was 
excited about this, not only being an opportunity to honor his service, 
but also to have new experiences along the way.
  As I thought about them all day traveling out to D.C. and doing our 
work here, and the fact that this bill was going to be on the floor 
today, I was reminded again and again that South Dakota has a long and 
honorable history of service. In fact, we have one of the highest 
service rates in the Nation in our State. It is a small State, but they 
are highly patriotic, and they love this country.
  The fact that the Black Hills National Cemetery needs room to grow is 
a testament to the sheer number of patriotic South Dakotans who have 
answered their country's call to serve.
  I am honored to have championed this legislation in Congress for 
several years, and I am proud to say that the House has passed it twice 
already. Today is going to be different though. Today, with all of your 
support, we can finally do right by our veterans and send this bill to 
President Trump for his signature.
  Allowing the Black Hills National Cemetery to expand is the very 
least that we can do to honor these great patriots who have served our 
Nation.
  Mr. Speaker, I urge my colleagues to support the bill.
  Mr. SOTO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 35 transfers jurisdiction of approximately 200 acres 
of public land from the Bureau of Land Management to the National 
Cemetery Administration to extend the Black Hills National Cemetery.
  Burial in a national cemetery is open to all members of the Armed 
Forces who have met a minimum of Active Duty service requirement and 
were discharged under certain conditions. BLM offered their general 
support for this bill when it was considered during a Senate hearing.
  Mr. Speaker, this is a good bill that honors our Nation's fallen 
heroes who fought to protect the freedoms we enjoy today, and I urge my 
colleagues to join me in supporting passage of this bill.
  Mr. Speaker, I congratulate the gentlewoman from South Dakota on her 
hard work on this bill, and I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  This is talking about 200 acres of public property that needs to be 
used by a national cemetery that was created back in 1948 as the final 
resting place of people who gave their last and gave their all for the 
defense of this country. It includes the final resting place of Medal 
of Honor Recipient Sergeant Charles Winthrop. A memorial to Korean war 
veterans is there. And 16 years ago, it was made part of the National 
Cemetery System.
  It is significant that we are doing this particular process right 
now. I think it is important that both the Bureau of Land Management 
and the Veterans Affairs Department are both in support of this 
transfer, because this illustrates not only the significance of this 
cemetery and what it allows people to do, to honor those who have given 
their all for this Nation, but it allows us to have the proper use of 
public lands.
  Here are now 200 acres of public land that is going to be used for a 
public purpose, and that is the reason you have public lands in the 
first place. If this 200 acres were simply to sit there with nothing to 
do, then there is no reason for anybody to own it in the first place. 
But having public lands now used for a public purpose that elevates, 
enlightens, and ennobles us is how you are supposed to be using public 
lands.
  So I am appreciative of Representative Noem for introducing this bill 
on several occasions. The last time it actually came to this floor, we 
voted on it. It was a tough vote; it was 407-0. I am grateful it 
finally has a Senate sponsor and the Senate has actually done something 
to send us this bill back so we can allow Representative Noem to do 
what she does best in pushing things forward for the State of South 
Dakota in a positive and selfless way, and I am looking forward to the 
vote on this one.
  Mr. Speaker, I urge adoption of this measure. I have no other 
speakers, and I reserve the balance of my time.
                                         House of Representatives,


                               Committee on Veterans' Affairs,

                                    Washington, DC, April 5, 2018.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning S. 35, 
     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 S. 35 
     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, April 10, 2018.
     Hon. David P. Roe,
     Chairman, Committee on Veterans' Affairs,
     Washington, DC.
       Dear Mr. Chairman: S. 35, the Black Hills National Cemetery 
     Boundary Expansion Act, was ordered favorably reported on 
     March 14, 2018, 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

[[Page H3953]]

     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.

  Mr. SOTO. Mr. Speaker, I yield back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I urge my colleagues to support this 
bill, and I yield back the balance of my time.
  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, S. 35.
  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. BISHOP of Utah. 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.

                          ____________________