[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.
____________________