[Senate Report 110-361]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 793
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-361

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                          MONTANA CEMETERY ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2124]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2124) 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, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 2124 is to direct the Secretary of 
Agriculture to convey approximately 10 acres of the Beaverhead-
Deerlodge National Forest to Jefferson County, Montana, for 
continued use as a cemetery.

                          BACKGROUND AND NEED

    The Elkhorn Cemetery is located in the mountains of 
Jefferson County, Montana, near the historic mining town of 
Elkhorn. The Elkhorn Cemetery has been used as a cemetery since 
at least the 1880s, when up to 2,500 people lived in Elkhorn. 
The price of silver collapsed in the early 1890s, and the town 
ultimately was abandoned.
    The cemetery still is used by local families who 
homesteaded and worked the mines in the area, and it is visited 
by many sightseers as well. S. 2124 directs the Secretary of 
Agriculture to convey approximately 10 acres of the Beaverhead-
Deerlodge National Forest, including the cemetery, to the 
County.

                          LEGISLATIVE HISTORY

    S. 2124 was introduced on October 1, 2007, by Senators 
Baucus and Tester. The Subcommittee on Public Lands and Forests 
held a hearing on S. 2124 on April 15, 2008. At its business 
meeting on May 7, 2008, the Committee on Energy and Natural 
Resources ordered S. 2124 favorably reported, without 
amendment. An identical bill (S. 997, as amended) was reported 
by the Committee and passed by the Senate in the 109th 
Congress.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 7, 2008, by voice vote of a quorum 
present, recommends that the Senate pass S. 2124.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 contain the short title and definitions 
for the bill.
    Section 3(a) directs the Secretary of Agriculture to convey 
9.67 acres of the Beaverhead-Deerlodge National Forest to 
Jefferson County, Montana. This subsection also specifies that 
the conveyance shall be subject to valid existing rights and 
the reversionary interest described in subsection (e), and 
(subject to the other provisions of the Act) shall take place 
not later than 180 days after enactment of this Act.
    Subsection (b) describes the land to be conveyed by the 
Secretary.
    Subsection (c) states that Jefferson County must agree, as 
a precondition of the conveyance, to use the land as a cemetery 
and to manage the cemetery with due consideration and 
protection for the historic and cultural values of the 
cemetery. This subsection also makes clear that the conveyance 
is dependant on the Secretary and Jefferson County agreeing to 
terms and conditions to protect the historic and cultural 
values of the cemetery.
    Subsection (d) directs the Secretary to convey, in 
accordance with applicable law, an easement over National 
Forest System land to provide access to the conveyed land.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 2124--Montana Cemetery Act of 2008

    S. 2124 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 S. 2124 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 S. 2124 is 
already used by Jefferson County as a cemetery and currently 
generates no receipts; thus, CBO estimates that enacting S. 
2124 would not affect direct spending of revenues.
    S. 2124 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.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Peter H. Fontaine, 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. 2124.
    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. 2124.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2124 does not contain any congressionally directed 
spending items, limited tax benefits, or limited tariff 
benefits as defined in rule XLIV of the Standing Rules of the 
Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 2124 on April 15, 
2008.

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
                   Service, Department of Agriculture

    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. 2124, but would recommend that 
this bill 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. The bill provides for 
the continued protection of the historic and cultural values 
associated with the site but does not exempt the Forest Service 
from its obligations to comply with the National Historic 
Preservation Act, or any other law, at the time of transfer.
    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. The Department does not support the reversion of 
the lands back to the Secretary should this bill be enacted.

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                        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. 2124 as ordered 
reported.

                                  
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