[House Report 113-26]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-26

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                        BLACK HILLS CEMETERY ACT

                                _______
                                

 April 9, 2013.--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. 291]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 291) to provide for the conveyance of certain 
cemeteries that are located on National Forest System land in 
Black Hills National Forest, South Dakota, 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. 291 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. 291) 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.

                            COMMITTEE ACTION

    H.R. 291 was introduced on January 15, 2013, by Congressman 
Kristi Noem (R-SD). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On March 20, 
2013, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered to the bill, and the bill was 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. 291--Black Hills Cemetery Act

    H.R. 291 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. 291 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 from the Forest Service, CBO expects 
that the recipients of the affected lands would be required to 
pay for any surveying costs associated with the land 
conveyances. In addition, most of the lands to be conveyed 
under H.R. 291 are already used as cemeteries, and none of the 
affected lands are expected to generate receipts over the next 
10 years.
    H.R. 291 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
implementing H.R. 291 would have no significant impact on the 
federal budget.
    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 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.

                       COMPLIANCE WITH H. RES. 5

    1. Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    2. Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.