[Senate Report 115-35]
[From the U.S. Government Publishing Office]
Calendar No. 49
115th Congress } { Report
SENATE
1st Session } { 115-35
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BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION ACT
_______
May 3, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 35]
[Including cost estimate of the Congressional Budget Office]
The Senate Committee on Energy and Natural Resources, to
which was referred the bill (S. 35) to transfer administrative
jurisdiction over certain Bureau of Land Management land from
the Secretary of the Interior to the Secretary of Veterans
Affairs for inclusion in the Black Hills National Cemetery, and
for other purposes, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
The amendment is 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 National Cemetery
Boundary Expansion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cemetery.--The term ``Cemetery'' means the Black Hills
National Cemetery in Sturgis, South Dakota.
(2) Federal land.--The term ``Federal land'' means the
approximately 200 acres of Bureau of Land Management land
adjacent to the Cemetery, generally depicted as ``Proposed
National Cemetery Expansion'' on the map entitled ``Proposed
Expansion of Black Hills National Cemetery--South Dakota'' and
dated June 16, 2016.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR
CEMETERY USE.
(a) Conduct of Due Diligence Activities by the Secretary of
Veterans Affairs.--
(1) In general.--Before the transfer of administrative
jurisdiction and withdrawal of the Federal land under
subsections (b) and (c), respectively, and subject to paragraph
(2), the Secretary of Veterans Affairs shall complete any
appropriate environmental, cultural resource, and other due
diligence activities on the Federal land that would enable the
Secretary of Veterans Affairs to confirm that the Federal land
is suitable for cemetery purposes.
(2) Notice; required coordination.--The Secretary of Veterans
Affairs shall--
(A) before conducting any due diligence activities
under paragraph (1), notify the Secretary of the
activities to be conducted; and
(B) as the Secretary of Veterans Affairs determines
to be necessary in the conduct of the due diligence
activities under paragraph (1), coordinate the
activities with the Secretary; and
(C) if the Secretary of Veterans Affairs determines,
on completion of the due diligence activities under
paragraph (1), that the Federal and is suitable for
cemetery purposes, submit written notice of the
determination to the Secretary.
(b) Transfer of Administrative Jurisdiction.--
(1) Transfer.--
(A) In general.--On receipt by the Secretary of
written notice of a determination that the Federal land
is suitable for cemetery purposes under subsection
(a)(2)(C), except as provided in subparagraph (B), and
subject to valid existing rights, administrative
jurisdiction over the Federal land is transferred from
the Secretary to the Secretary of Veterans Affairs for
use as a national cemetery in accordance with chapter
24 of title 38, United States Code.
(B) Exclusion.--The transfer of administrative
jurisdiction over the Federal land under subparagraph
(A) shall not include the land located within 100 feet
of the center of the Centennial Trail, as generally
depicted on the map entitled ``Proposed Expansion of
Black Hills National Cemetery--South Dakota'' and dated
June 16, 2016.
(2) Legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
publish in the Federal Register a notice containing a
legal description of the Federal land.
(B) Effect.--A legal description published under
subparagraph (A) shall have the same force and effect
as if included in this Act, except that the Secretary
may correct any clerical and typographical errors in
the legal description.
(C) Availability.--Copies of the legal description
published under subparagraph (A) shall be available for
public inspection in the appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the National Cemetery Administration.
(D) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary for the costs incurred by the
Secretary in carrying out this paragraph, including the
costs of any surveys and other reasonable costs.
(c) Withdrawal.--On receipt by the Secretary of written notice of a
determination that the Federal land is suitable for cemetery purposes
under subsection (a)(2)(C) and subject to valid existing rights, the
Federal land--
(1) is withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral
leasing laws, and the geothermal leasing laws; and
(2) shall be treated as property as defined under section
102(9) of title 40, United States Code.
(d) Boundary Modification.--The boundary of the Cemetery is
modified to include the Federal land.
(e) Modification of Public Land Order.--Public Land Order 2112,
dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the
Federal land.
PURPOSE
The purpose of S. 35 is to transfer administrative
jurisdiction over approximately 200 acres of Bureau of Land
Management (BLM) land in South Dakota from the Secretary of the
Interior to the Secretary of Veterans Affairs for inclusion in
the Black Hills National Cemetery.
BACKGROUND AND NEED
The Black Hills National Cemetery (Cemetery) is located
just outside of Sturgis, South Dakota. It is part of the
national cemetery system for military veterans and their
spouses administered by the Department of Veterans Affairs.
Approximately 20,000 veterans or their close relatives have
been buried within its 106-acre footprint since it was
established in 1948. S. 35 would provide for a permanent
transfer of approximately 200 acres for the purpose of
expanding the Cemetery. The land would be transferred from the
BLM to the Department of Veterans Affairs, and would provide
for necessary accommodation to properly honor veterans with a
dignified burial for generations to come.
LEGISLATIVE HISTORY
Senator Thune introduced S. 35 on January 5, 2017.
In the 114th Congress, Senator Thune introduced a similar
measure, S. 2223, on October 29, 2015. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on April 21,
2016, to consider S. 2223. The Committee on Energy and Natural
Resources met in open business session on July 13, 2016, and
ordered S. 2223 favorably reported as amended.
The measure was also included in Amendment No. 3234, which
the Senate agreed to on April 19, 2016, as an amendment to S.
2012, the Energy Policy Modernization Act of 2016, which the
Senate passed, as amended, on April 20, 2016.
In the House of Representatives, Representative Noem
introduced a companion bill, H.R. 3839, on October 27, 2015.
The Committee on Energy and Natural Resources met in open
business session on March 30, 2017, and ordered S. 35 favorably
reported as amended.
COMMITTEE AMENDMENT
During its consideration of S. 35, the Committee adopted an
amendment in the nature of a substitute to include provisions
related to due diligence activities, agency coordination, and
land exclusions. The amendment is further described in the
section-by-section analysis.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
35, if amended as described herein.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title.
Section 2. Definitions
Section 2 defines key terms.
Section 3. Transfer and withdrawal of Bureau of Land Management land
for cemetery use
Section 3(a) directs the Secretary of Veterans Affairs to
complete any appropriate environmental, cultural resource, and
other due diligence activities on the Federal land that would
enable the Secretary of Veterans Affairs to confirm the land is
suitable for cemetery purposes prior to the transfer and
withdrawal of administrative jurisdiction. This subsection
further specifies required notifications and coordination
between the Secretary of Veterans Affairs and the Secretary of
the Interior.
Subsection (b) transfers administrative jurisdiction of the
subject land from the Secretary of the Interior to the
Secretary of Veterans Affairs, subject to valid existing
rights; requires publication and availability of the legal
description; requires the Secretary of Veterans Affairs to
reimburse the Secretary of the Interior for reasonable costs
incurred for carrying out this section; and excludes the
transfer of administrative jurisdiction of lands located within
100 feet of the center of the Centennial Trail, as generally
depicted on the specified map.
Subsection (c) withdraws the subject land from all forms of
appropriation under the public land laws, subject to valid
existing rights, and requires the Federal land to be treated as
property as defined in 40 U.S.C. 102(9).
Subsection (d) modifies the boundary of the cemetery to
include the Federal land.
Subsection (e) modifies the existing Public Land Order
2112, dated June 6, 1960 (25 Fed. Reg. 5243), to exclude the
Federal land.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 35 would require the Bureau of Land Management (BLM) to
transfer 200 acres of land to the Department of Veterans
Affairs (VA) to expand a national cemetery. CBO estimates that
implementing S. 35 would have insignificant costs for VA to
cover administrative expenses associated with the transfer and
make improvements to the Black Hills National Cemetery.
Under the bill, the affected lands would be withdrawn from
mining and mineral leasing activities. Based on an analysis of
information provided by BLM, CBO expects that those activities
would not occur over the next 10 years and we estimate that
withdrawing the lands would not affect the federal budget.
Because enacting the bill would not affect direct spending or
revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 35 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 35 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy, 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. 35. 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. 35, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 35, as ordered 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
Because S. 35 is similar to legislation considered by the
Committee in the 114th Congress, the Committee did not request
Executive Agency views. The testimony provided by the
Department of the Interior at the hearing before the
Subcommittee on Public Lands, Forests, and Mining on April 21,
2016, follows:
Statement of Mike Pool, Acting Deputy Director, Bureau of Land
Management Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 2223, the Black Hills National Cemetery Boundary
Expansion Act, which transfers administrative jurisdiction of
approximately 200 acres of public land currently managed by the
Department's Bureau of Land Management (BLM) to the Department
of Veterans Affairs' (VA) National Cemetery Administration
(NCA) for inclusion in the Black Hills National Cemetery in
Meade County, South Dakota. The Department of the Interior
supports S. 2223.
background
The Black Hills National Cemetery is located three miles
southeast of Sturgis, South Dakota, near the Black Hills.
Established in 1948, the cemetery currently encompasses 106
acres and has had over 20,000 interments. The BLM understands
that the NCA would use the additional land provided under S.
2223 to expand the Black Hills National Cemetery to provide
burial space for future needs. The BLM and the NCA have
discussed such a transfer for several years, but the BLM has
determined that no general authority exists for the agency to
grant a perpetual transfer of jurisdiction as required by the
NCA for a cemetery.
s. 2223
S. 2223 directs the Secretary of the Interior to transfer
administrative jurisdiction of approximately 200 acres of
public land to the Secretary of Veterans Affairs to be
incorporated into the existing Black Hills National Cemetery,
subject to valid existing rights. The Secretary of Veterans
Affairs would be required to pay all survey costs and other
reasonable costs associated with the transfer. The Federal land
to be transferred would be withdrawn from all forms of
appropriation under the public land laws, including the mining,
mineral leasing, and geothermal leasing laws. Under the bill,
should the NCA ever determine that it no longer needs any
portion of the additional land, the Secretary of the Interior
could restore the unneeded land to the public domain. The
Secretary of Veterans Affairs would be responsible for costs of
any decontamination necessary for restoration to public land
status.
The Department of the Interior supports S. 2223 and the
transfer of administrative jurisdiction. We note that the
expansion area is currently part of the Fort Meade Recreation
Area/Area of Critical Environmental Concern (ACEC) and that the
Centennial Trail runs along the northern boundary of the
expansion area. We suggest adding bill language to provide a
100-foot setback boundary from the centerline of the trail. The
Administration would also like to work with the sponsor and the
Committee to clarify the provisions related to decontamination
and restoration of the land to public land status.
conclusion
Thank you again for the opportunity to testify in support
of S. 2223, the Black Hills National Cemetery Boundary
Expansion Act. We appreciate the work of the South Dakota
congressional delegation on this legislation, and we look
forward to collaborating with them and the Committee to meet
the needs of the Black Hills National Cemetery.
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 as ordered
reported.