[Senate Report 109-299]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 542
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-299

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                      MONTANA CEMETERY ACT OF 2006

                                _______
                                

                 July 31, 2006.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 997]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 997) to direct the Secretary of 
Agriculture to convey certain land in the Beaverhead-Deerlodge 
Forest, Montana, to Jefferson County, Montana, for use as a 
cemetery, having considered the same, reports favorably thereon 
with an amendment and an amendment to the title and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Montana Cemetery Act of 2006''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) County.--The term ``County'' means Jefferson County, 
        Montana.
          (2) Map.--The term ``map'' means the map that is--
                  (A) entitled ``Elkhorn Cemetery'';
                  (B) dated May 9, 2005; and
                  (C) on file in the office of the Beaverhead-Deerlodge 
                National Forest Supervisor.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 3. CONVEYANCE TO JEFFERSON COUNTY, MONTANA.

  (a) Conveyance.--Not later than 180 days after the date of enactment 
of this Act and subject to valid existing rights, the Secretary (acting 
through the Regional Forester, Northern Region, Missoula, Montana) 
shall convey by quitclaim deed to the County for no consideration, all 
right, title, and interest of the United States, except as provided in 
subsection (e), in and to the parcel of land described in subsection 
(b).
  (b) Description of Land.--The parcel of land referred to in 
subsection (a) is the parcel of approximately 9.67 acres of National 
Forest System land (including any improvements to the land) in the 
County that is known as the ``Elkhorn Cemetery'', as generally depicted 
on the map.
  (c) Use of Land.--As a condition of the conveyance under subsection 
(a), the County shall--
          (1) use the land described in subsection (b) as a County 
        cemetery; and
          (2) agree to manage the cemetery with due consideration and 
        protection for the historic and cultural values of the 
        cemetery, under such terms and conditions as are agreed to by 
        the Secretary and the County.
  (d) Easement.--In conveying the land to the County under subsection 
(a), the Secretary, in accordance with applicable law, shall grant to 
the County an easement across certain National Forest System land, as 
generally depicted on the map, to provide access to the land conveyed 
under that subsection.
  (e) Reversion.--In the quitclaim deed to the County, the Secretary 
shall provide that the land conveyed to the County under subsection (a) 
shall revert to the Secretary, at the election of the Secretary, if the 
land is--
          (1) used for a purpose other than the purposes described in 
        subsection (c)(1); or
          (2) managed by the County in a manner that is inconsistent 
        with subsection (c)(2).

    2. Amend the title so as to read: ``To direct the Secretary 
of Agriculture to convey certain land in the Beaverhead-
Deerlodge National Forest, Montana, to Jefferson County, 
Montana, for use as a cemetery.''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 997 is to direct the Secretary of 
Agriculture to convey certain land in the Beaverhead-Deerlodge 
National Forest, Montana, to Jefferson County, Montana, for use 
as a cemetery.

                          BACKGROUND AND NEED

    S. 997 directs the Secretary of Agriculture to convey 10 
acres of the Beaverhead-Deerlodge National Forest to Jefferson 
County, Montana. The land includes the cemetery of the 
abandoned mining town of Elkhorn in Jefferson County. The 
Elkhorn Cemetery has been used as a cemetery since the 1860s. 
The cemetery was included in the National Forest, because of 
surveying errors and limited information when the National 
Forest boundaries were surveyed in the early 1900's.
    The cemetery is still in use by local families who 
homesteaded and worked the mines in the area. However, Forest 
Service policies strongly discourage burials on National Forest 
lands, placing both the families and Forest Service in an 
awkward position.

                          LEGISLATIVE HISTORY

    S. 997 was introduced by Senator Burns on May 11, 2005. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
997 on July 20, 2005 (S. Hrg. 109-157). The Committee on Energy 
and Natural Resources ordered S. 997 favorably reported with an 
amendment on May 24, 2006.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 24, 2006, by a unanimous voice 
vote of a quorum present recommends that the Senate pass S. 
997, if amended as described herein.

                          COMMITTEE AMENDMENT

    The Committee adopted an amendment in the nature of a 
substitute that clarifies the terms and conditions of the 
conveyance, including its easement and reversionary provisions, 
as well as how the lands may be used by Jefferson County, 
Montana. In addition, the Committee adopted an amendment to the 
bill.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 contain the short title and definitions of 
terms used in the bill.
    Sections 3 (a and b) directs the Secretary of Agriculture 
to convey, subject to valid existing rights, to approximately 
10 acres of Beaverhead-Deerlodge National Forest lands to 
Jefferson County, Montana, for use as a cemetery, within 180 
days of enactment.
    Subsection (c) provides terms and conditions for use of the 
conveyed land.
    Subsection (d) directs the Secretary of Agriculture to 
provide a road easement to the property as depicted on the map 
for the conveyance.
    Subsection (e) directs the Secretary to include a 
reversionary provision in the conveyance.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 997--Montana Cemetery Act of 2006

    S. 997 would direct the Secretary of Agriculture to convey 
the Elkhorn Cemetery to Jefferson County, Montana. CBO 
estimates that enacting S. 997 would have no significant impact 
on the federal budget and would not affect revenues or direct 
spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    Under S.997, the Forest Service would convey to Jefferson 
County, for no consideration, about 10 acres of land in the 
Beaverhead-Deerlodge National Forest. Based on the cost of 
similar conveyances, we estimate that the agency would spend 
less than $50,000 in 2007 to complete the proposed conveyance, 
assuming the availability of appropriated funds. The land to be 
conveyed under S. 997 is already used by Jefferson County as a 
cemetery and currently generates no offsetting receipts that 
would be forgone if the bill is enacted.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 997.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 997.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on the bill on July 20, 
2005, as follows:

 Testimony of Joel Holtrop, Deputy Chief, National Forest System, U.S. 
        Forest Service, United States Department of Agriculture

    Mr. Chairman and Members of the Subcommittee, thank you for 
giving me the opportunity to present the views of the U.S. 
Department of Agriculture on S. 997, the Montana CemeteryAct of 
2005.


                  S. 997--MONTANA CEMETERY ACT OF 2005


    This legislation directs the Secretary to convey for no 
consideration, all right, title, and interest in 10 acres of 
land within the Beaverhead-Deerlodge National Forests to 
Jefferson County, Montana to be used for cemetery purposes. The 
Department is supportive of S. 997, but would recommend that 
the Committee add provisions to the legislation that will 
protect historic interests and provide consideration to the 
Federal government for the conveyance.
    The parcel to be conveyed to Jefferson County is currently 
being used for cemetery purposes but a special use 
authorization has never been issued for this purpose. The 10-
acre conveyance will provide a sufficient amount of land to 
accommodate all known grave sites and any additional sites that 
may be outside of the concentration of known sites. In addition 
the conveyance is of adequate size to include the cemetery 
parking lot so that it will be located on private property.
    The parcel to be conveyed is a National Register eligible 
property that contributes to the significance of the Elkhorn 
town site and the Elkhorn historic mining district. We would 
like to work with the committee and through the NEPA process to 
ensure that the land conveyed will be managed with due 
consideration for the historic and cultural values associated 
with the cemetery.
    Also, we are concerned about conveying public land to other 
jurisdictions without any form of consideration. The Department 
does not object to making the Federal land available for use as 
a cemetery, but requests that the conveyance of the public land 
estate include consideration for the market value of the 
property and for the administrative costs associated with the 
conveyance.


                        CHANGES IN EXISTING LAW


    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 997 as ordered 
reported.

                                  
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