[House Report 110-713]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-713

======================================================================



 
                      MONTANA CEMETERY ACT OF 2007

                                _______
                                

 June 17, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3702]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3702) 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, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3702 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 FOR LEGISLATION

    The parcel of land within the Beaverhead-Deerlodge National 
Forest to be conveyed to Jefferson County in H.R. 3702 is 
currently being used for cemetery purposes and is known as the 
``Elkhorn Cemetery.'' The 10-acre conveyance will provide land 
to accommodate all known grave sites and any additional sites 
that may be outside the concentration of known grave sites. In 
addition the conveyance is of adequate size to include the 
cemetery parking lot. 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. The bill also provides for the continued protection 
of the historic and cultural values associated with the site.

                            COMMITTEE ACTION

    H.R. 3702 was introduced on September 27, 2007 by 
Representative Dennis Rehberg (R-MT). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands. 
On June 5, 2008, the Subcommittee on National Parks, Forests 
and Public Lands held a legislative hearing on the bill.
    On June 11, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee was discharged from 
consideration of the legislation. The bill was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Montana Cemetery Act of 2007''.

Section 2. Definitions

    Section 2 defines the term ``County'' as Jefferson County, 
Montana; defines the term ``Map'' as the map that is entitled 
``Elkhorn Cemetery,'' dated May 9, 2005, and on file in the 
office of the Beaverhead-Deerlodge National Forest Supervisor; 
and defines the term ``Secretary'' as the Secretary of 
Agriculture.

Section 3. Conveyance to Jefferson County, Montana

    Section 3(a) of H.R. 3702 requires that not later than 180 
days after enactment, the Secretary shall convey by quitclaim 
deed to the County for no consideration, all right, title, and 
interest of the United States in and to the parcel of land 
described in subsection (b).
    Section 3(b) states that the parcel 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.''
    Section 3(c) requires that as a condition of the 
conveyance, the County shall use the land as a County cemetery 
and agree to manage the cemetery with due consideration and 
protection for the historic and cultural values of the 
cemetery.
    Section 3(d) requires that the Secretary grant, in 
accordance with applicable law, an easement to the County to 
provide access to the conveyed land.
    Section 3(e) is a reversionary clause stating that the 
conveyed land shall revert to the Secretary, at the election of 
the Secretary, if the land is used for a purpose or managed by 
the County in a manner that is inconsistent with Section 3(c).

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3702--Montana Cemetery Act of 2007

    H.R. 3702 would direct the Secretary of Agriculture to 
convey to Jefferson County, Montana, for no consideration, 
about 10 acres of land in the Beaverhead-Deerlodge National 
Forest. The land is the site of the Elkhorn Cemetery. CBO 
estimates that enacting H.R. 3702 would have no significant 
impact on the federal budget.
    Based on the cost of similar conveyances, we estimate that 
the agency would spend less than $50,000 in 2009 to complete 
the proposed conveyance, assuming the availability of 
appropriated funds. The land to be conveyed under H.R. 3702 is 
already used by Jefferson County as a cemetery and currently 
generates no receipts; thus, CBO estimates that enacting the 
legislation would not affect direct spending or revenues.
    H.R. 3702 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.
    On May 14, 2008, CBO transmitted a cost estimate for S. 
2124, the Montana Cemetery Act of 2008, as ordered reported by 
the Senate Committee on Energy and Natural Resources on May 7, 
2008. The bills are similar, and the estimated costs are 
identical.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3702 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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