[House Report 112-475]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-475

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                        BLACK HILLS CEMETERY ACT

                                _______
                                

  May 10, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3874]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3874) to provide for the conveyance of eight 
cemeteries that are located on National Forest System land in 
Black Hills National Forest, South Dakota, having considered 
the same, report favorably thereon with amendments and 
recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Black Hills Cemetery Act''.

SEC. 2. LAND CONVEYANCES, CERTAIN CEMETERIES LOCATED IN BLACK HILLS 
                    NATIONAL FOREST, SOUTH DAKOTA.

  (a) Cemetery Conveyances Required.--The Secretary of Agriculture 
shall convey, without consideration, to the local communities in South 
Dakota that are currently managing and maintaining certain community 
cemeteries (as specified in subsection (b)) all right, title, and 
interest of the United States in and to--
          (1) the parcels of National Forest System land containing 
        such cemeteries; and
          (2) up to an additional two acres adjoining each cemetery in 
        order to ensure the conveyances include unmarked gravesites and 
        allow for expansion of the cemeteries.
  (b) Property and Recipients.--The properties to be conveyed under 
subsection (a), and the recipients of each property, are as follows:
          (1) The Silver City Cemetery to the Silver City Volunteer 
        Fire Department.
          (2) The Hayward Cemetery to the Hayward Volunteer Fire 
        Department.
          (3) The encumbered land adjacent to the Englewood Cemetery 
        (encompassing the cemetery entrance portal, access road, 
        fences, 2,500 gallon reservoir and building housing such 
        reservoir, and piping to provide sprinkling system to the 
        cemetery) to the City of Lead.
          (4) The land adjacent to the Mountain Meadow Cemetery to the 
        Mountain Meadow Cemetery Association.
          (5) The Roubaix Cemetery to the Roubaix Cemetery Association.
          (6) The Nemo Cemetery to the Nemo Cemetery Association.
          (7) The Galena Cemetery to the Galena Historical Society.
          (8) The Rockerville Cemetery to the Rockerville Community 
        Club.
          (9) The Cold Springs Cemetery (including adjacent school yard 
        and log building) to the Cold Springs Historical Society.
  (c) Condition of Conveyance.--Each conveyance under subsection (a) 
shall be subject to the condition that the recipient accept the 
conveyed real property in its condition at the time of the conveyance.
  (d) Use of Land Conveyed.--The lands conveyed under subsection (a) 
shall continue to be used in the same manner and for the same purposes 
as they were immediately prior to their conveyance under this Act.
  (e) Description of Property.--The exact acreage and legal description 
of each parcel of real property to be conveyed under subsection (a) 
shall be determined by surveys satisfactory to the Secretary. The cost 
of the survey for a particular parcel shall be borne by the recipient 
of such parcel.
  (f) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyances 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

  Amend the title so as to read:

      A bill to provide for the conveyance of certain 
cemeteries that are located on National Forest System land in 
Black Hills National Forest, South Dakota.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3874, as ordered reported, is to 
provide for the conveyance of certain cemeteries that are 
located on National Forest System land in Black Hills National 
Forest, South Dakota.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Black Hills Cemetery Act (H.R. 3874) authorizes the 
Secretary of Agriculture to convey all right, title, and 
interest to a number of cemeteries currently located on 
National Forest System land in the Black Hills of South Dakota 
to the communities that currently manage and maintain the 
cemeteries. The legislation directs the Secretary to convey an 
additional two acres adjoining each cemetery parcel to ensure 
that the land includes unmarked graves and allow for future 
expansion. Total acreage conveyed under the legislation would 
be minimal. The communities would assume ownership of the 
property as-is.
    During full committee consideration of H.R. 3874, the 
committee adopted an en bloc amendment offered by Congressman 
Rob Bishop (R-UT) that adds a ninth cemetery to the parcels 
being conveyed, clarifies the additional acreage that may be 
conveyed, and clarifies that the parcels being conveyed shall 
continue to be used for cemeteries.

                            COMMITTEE ACTION

    H.R. 3874 was introduced on February 1, 2012, by 
Congresswoman Kristi Noem (R-SD). 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 
April 17, 2012, the Subcommittee held a hearing on the bill. On 
April 25, 2012, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on National Parks, Forests 
and Public Lands was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered amendment designated #1 
to the bill; the amendment was approved by unanimous consent. 
The bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

            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.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 3874--Black Hills Cemetery Act

    H.R. 3874 would direct the Secretary of Agriculture to 
convey nine cemeteries and associated public lands in western 
South Dakota to local organizations for no consideration. CBO 
estimates that implementing H.R. 3874 would have no significant 
impact on the federal budget. Enacting the bill would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    Based on information provided by the Forest Service, CBO 
estimates that the agency would spend less than $200,000 to 
conduct the necessary surveys and evaluate the historical 
significance of each site for inclusion in the National 
Register, assuming availability of appropriated funds. Most of 
the lands to be conveyed under H.R. 3874 are already used as 
cemeteries, and none of the affected lands generate receipts; 
therefore, CBO estimates that enacting H.R. 3874 would not 
affect direct spending or revenues.
    H.R. 3874 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the Forest Service, CBO estimates that the agency would spend 
less than $200,000 to conduct the necessary surveys and 
evaluate the historical significance of each site for inclusion 
in the National Register, assuming availability of appropriated 
funds. Most of the lands to be conveyed under H.R. 3874 are 
already used as cemeteries, and none of the affected lands 
generate receipts; therefore, CBO estimates that enacting H.R. 
3874 would not affect direct spending or revenues.
    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, as ordered reported, is to provide for 
the conveyance of certain cemeteries that are located on 
National Forest System land in Black Hills National Forest, 
South Dakota.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                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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