[Senate Report 113-63]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 117
113th Congress                                                   Report
                       }          SENATE         {
 1st Session                                                     113-63

                          BLACK HILLS CEMETERY


                 June 27, 2013.--Ordered to be printed


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

                              R E P O R T

                         [To accompany S. 447]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 447) 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, reports favorably thereon without 
amendment and recommends that the bill do pass.


    The purpose of S. 447 is to require the Secretary of 
Agriculture to convey, without consideration, nine cemeteries 
located on National Forest System lands in the Black Hills 
National Forest to local entities.

                          BACKGROUND AND NEED

    There are nine cemeteries located on National Forest System 
lands in the Black Hills National Forest in South Dakota that 
are currently being managed by local entities who are 
interested in owning the lands outright. They include: (1) the 
Silver City Cemetery, managed by the Silver City Volunteer Fire 
Department; (2) the Hayward Cemetery, managed by the Hayward 
Volunteer Fire Department; (3) the Englewood Cemetery, managed 
by the City of Lead; (4) the Mountain Meadow Cemetery, managed 
by the Mountain Meadow Cemetery Association; (5) the Roubaix 
Cemetery, managed by the Roubaix Cemetery Association; (6) the 
Nemo Cemetery, managed by the Nemo Cemetery Association; (7) 
the Galena Cemetery, managed by the Galena Historical Society; 
(8) the Rockerville Cemetery, managed by the Rockerville 
Community Club; and (9) the Cold Springs Cemetery, managed by 
the Cold Springs Historical Society.

                          LEGISLATIVE HISTORY

    S. 447 was introduced by Senators Thune and Johnson of 
South Dakota on March 5, 2013. A hearing was held on S. 447 by 
the Public Lands, Forests, and Mining Subcommittee on April 25, 
2013. At its business meeting on May 16, 2013, the Committee 
ordered the bill favorably reported.
    In the 112th Congress, similar legislation was introduced 
in the House of Representatives, H.R. 3874. The House 
Subcommittee on National Parks, Forests, and Public Lands held 
a hearing on H.R. 3874 on April 17, 2012 and favorably reported 
the bill on April 25, 2012 (H. Rept. 112-475). The bill was 
passed by the House of Representatives on May 15, 2012 by a 
vote of 400-1. The legislation has not been previously 
considered by the Senate.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 447.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Black Hills 
Cemetery Act''.
    Section 2(a) requires the Secretary of Agriculture to 
convey certain community cemeteries to the local communities in 
South Dakota that are currently managing and maintaining those 
cemeteries. The Secretary is also required to convey an 
additional two acres adjoining each cemetery to accommodate 
unmarked gravesites and expansion.
    Subsection (b) names the recipients of each property.


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

S. 447--Black Hills Cemetery Act

    S. 447 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 S. 447 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 S. 447 are already used as cemeteries, and none of the 
affected lands are expected to generate receipts over the next 
10 years.
    S. 447 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 April 1, 2013, CBO transmitted a cost estimate for H.R. 
291, the Black Hills Cemetery Act, as ordered reported by the 
House Committee on Natural Resources on March 20, 2013. The two 
bills are similar, and the CBO cost estimates are the same.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.


    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. 447.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
    Little, if any, additional paperwork would result from the 
enactment of S. 447, as ordered reported.


    S. 447, as reported, 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 testimony provided by the U.S. Forest Service at the 
April 25, 2013, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 447 follows:

  Statement of James M. Pena, Associate Deputy Chief, National Forest 
           System, Forest Service, Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, and members of the 
Committee, thank you for inviting me here today to testify 
regarding S. 447, the Black Hills Cemetery Act.
    S. 447, the Black Hills Cemeteries Act, would require the 
Secretary to convey, without consideration, nine parcels of 
National Forest System Land containing cemeteries located on 
National Forest System land in the Black Hills National Forest 
to local entities. The conveyance of these nine cemeteries is 
consistent with the Land and Resource Management Plan for the 
Black Hills National Forest. The Department does not object to 
making the Federal land available for use as cemeteries, but it 
does not support conveyance of National Forest System lands 
without consideration. It is long standing policy that the 
United States receive market value for the sale, exchange, or 
use of National Forest System land. This policy is well 
established in law, including the Independent Offices 
Appropriation Act (31 U.S.C. 9701), section 102(9) of FLPMA, as 
well as numerous land exchange authorities.
    In addition, we would like the committee to consider a 
provision that would require the recipient of each parcel to 
cover the cost for heritage recordation and evaluation of 
significance for the National Register in addition to covering 
the land survey costs. The Forest Service would prepare the 
land survey instructions for the recipient's land surveyor.
    This concludes our testimony and I would be happy to answer 
any questions that you may have.

                        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 S. 447, as ordered