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114th Congress    }                                    {   Rept. 114-714
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {   Part 1

======================================================================



 
          BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION ACT

                                _______
                                

 September 6, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 3839]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3839) 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, report favorably thereon 
with an amendment and recommend 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.

  The Act may be cited as the ``Black Hills National Cemetery Boundary 
Expansion Act''.

SEC. 2. WITHDRAWAL AND TRANSFER OF PUBLIC LAND FOR CEMETERY USE.

  (a) Withdrawal and Transfer.--Subject to valid existing rights, the 
public lands described in subsection (b) are hereby--
          (1) withdrawn from all forms of appropriation under the 
        public land laws, including the mining laws, the mineral 
        leasing laws, and the geothermal leasing laws, for as long as 
        the lands remain under the administrative jurisdiction of the 
        Secretary of Veterans Affairs;
          (2) deemed property as defined in section 102(9) of title 40, 
        United States Code, for as long as the lands remain under the 
        administrative jurisdiction of the Secretary of Veterans 
        Affairs; and
          (3) transferred to the administrative jurisdiction of the 
        Secretary of Veterans Affairs for use as national cemeteries 
        under chapter 24 of title 38, United States Code.
  (b) Land Description.--The public lands withdrawn, deemed property, 
and transferred under subsection (a) are the approximately 200 acres of 
land adjacent to Black Hills National Cemetery, South Dakota, generally 
depicted as ``Proposed National Cemetery Expansion'' on the map 
entitled ``Proposed Expansion of Black Hills National Cemetery - South 
Dakota'' and dated September 28, 2015, except the land located within 
100 feet of the centerline of the Centennial Trail (which runs along 
the northern boundary of the `Proposed National Cemetery Expansion') 
and which is located south of that Trail.
  (c) Boundary Modification.--The boundary of the Black Hills National 
Cemetery is hereby modified to include the public lands identified in 
subsection (b).
  (d) Modification of Public Land Order.--Public Land Order 2112, dated 
June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the lands 
identified in subsection (b).

SEC. 3. LEGAL DESCRIPTIONS.

  (a) Preparation of Legal Descriptions.--As soon as practicable after 
the date of the enactment of this Act, the Secretary of the Interior 
shall publish in the Federal Register a notice containing the legal 
descriptions of the public lands withdrawn, deemed property, and 
transferred under section 2(a).
  (b) Legal Effect.--The legal descriptions prepared under subsection 
(a) shall have the same force and effect as if the legal descriptions 
were included in this Act, except that the Secretary of the Interior 
may correct any clerical and typographical errors in the legal 
descriptions.
  (c) Conflict Between Map and Legal Description.--In the case of a 
conflict between the map referred to in section 2(b) and the legal 
descriptions prepared under subsection (a), the map shall control.
  (d) Availability.--Copies of the map referred to in section 2(b) and 
the legal descriptions prepared under subsection (a) shall be available 
for public inspection in the appropriate offices of--
          (1) the Bureau of Land Management; and
          (2) the National Cemetery Administration.
  (e) Costs.--The Secretary of Veterans Affairs shall reimburse the 
Secretary of the Interior for reasonable costs incurred by the 
Secretary of the Interior in implementing this section, including the 
costs of any surveys.

SEC. 4. RESTORATION TO PUBLIC LANDS FOR NON-CEMETERY USE.

  (a) Notice and Effect.--Upon a determination by the Secretary of 
Veterans Affairs that all or a portion of the lands withdrawn, deemed 
property, and transferred under section 2 shall not be used for 
cemetery purposes, the Secretary of Veterans Affairs shall notify the 
Secretary of the Interior of such determination. Subject to subsections 
(b) and (c), the Secretary of Veterans Affairs shall transfer 
administrative jurisdiction of the lands subject to such notice to the 
Secretary of the Interior.
  (b) Decontamination.--The Secretary of Veterans Affairs shall be 
responsible for costs of any decontamination of the lands subject to a 
notice under subsection (a) determined by the Secretary of the Interior 
to be necessary for the lands to be restored to the public lands.
  (c) Restoration to the Public Lands.--The lands subject to a notice 
under subsection (a) shall only be restored to the public lands upon 
acceptance by the Secretary of the Interior and a determination by the 
Secretary of the Interior that such lands are suitable for restoration 
to the public lands and operation of one or more of the public land 
laws.
  (d) Opening Order.--If the Secretary of the Interior accepts the 
lands subject to such a notice and determines that the lands are 
suitable for restoration, in whole or in part, the Secretary of the 
Interior may open the lands to operation of one or more of the public 
land laws and may issue an order to that effect.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3839 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3839, as amended, permanently transfers jurisdictional 
authority of approximately 200 acres of undeveloped federal 
land outside Sturgis, South Dakota, from the Bureau of Land 
Management (BLM) to the Department of Veterans Affairs (VA) to 
expand the Black Hills National Cemetery. With its existing 
acreage, the Cemetery can accommodate only a finite number of 
additional burials. Transferring BLM land, which is adjacent to 
the Cemetery, to the VA will provide burial space for hundreds 
of additional gravesites for future generations of veterans. 
Without the transfer, the National Cemetery Administration 
(NCA) would be forced to close the Cemetery to further burials 
in the near future. Furthermore, without legislation to make 
the transfer permanent, federal law limits an administrative 
transfer of the land from the BLM to the VA to just 20 years.
    The Black Hills National Cemetery opened in 1948 and covers 
approximately 100 acres of land managed by the NCA. The 
Cemetery houses a memorial carillon and a memorial to Korean 
War veterans dedicated in 2002. In addition, Medal of Honor 
recipient Sergeant Charles Windolph and many other notable 
veterans are buried in the Cemetery.
    During Committee markup, Congressman Rob Bishop (R-UT) 
successfully offered an amendment that reduces by a small 
amount the land transferred from the BLM to the VA to ensure 
proper management of the Centennial Trail, which runs along the 
northern boundary of the expansion area. This amendment was 
requested by both the BLM and the VA.

                            COMMITTEE ACTION

    H.R. 3839 was introduced on October 27, 2015, by 
Congresswoman Kristi L. Noem (R-SD). The bill was referred to 
the Committee on Natural Resources, and additionally to the 
Committee on Veterans Affairs. Within the Natural Resources 
Committee, the bill was referred to the Subcommittee on Federal 
Lands. On May 12, 2016, the Subcommittee held a hearing on the 
bill. On June 14, 2016, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Congressman Rob Bishop (R-UT) offered an amendment 
designated #1; it was adopted by unanimous consent. No further 
amendments were offered and the bill, as amended, was ordered 
favorably reported to the House of Representatives by unanimous 
consent on June 15, 2016.

            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 and Section 308(a) of the 
Congressional Budget Act. With respect to the requirements of 
clause 3(c)(2) and (3) of rule XIII of the Rules of the House 
of Representatives and sections 308(a) and 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the enclosed cost estimate for the bill from the Director of 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 30, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3839, the Black 
Hills National Cemetery Boundary Expansion Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3839--Black Hills National Cemetery Boundary Expansion Act

    H.R. 3839 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. Based on 
information provided by the affected agencies, CBO estimates 
that enacting the legislation would have no significant effect 
on 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 H.R. 3839 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Under the bill, the affected lands would be withdrawn from 
mining and mineral leasing activities. Based on 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.
    In addition, CBO estimates that implementing H.R. 3839 
would have insignificant costs for VA to cover administrative 
expenses associated with the transfer, make improvements to the 
Black Hills National Cemetery, and complete due diligence 
investigations and reports. Also, if VA determines that the 
transferred land would not be used for cemetery purposes, VA 
would be required to return the land back to BLM and would be 
responsible for any decontamination costs before transfer. 
Because an environmental assessment of the property has not 
been completed, the potential costs for decontamination are 
unknown; therefore, CBO has no basis to estimate any such 
costs.
    H.R. 3839 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 Theresa Gullo, Assistant Director for 
Budget Analysis.
    2. 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 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.

                           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

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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

    This bill makes no changes to existing law.