Text: S.35 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-175 (05/25/2018)

 
[115th Congress Public Law 175]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 1369]]

Public Law 115-175
115th Congress

                                 An Act


 
  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. <<NOTE: May 25, 2018 -  [S. 35]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Black Hills 
National Cemetery Boundary Expansion Act.>> 
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) <<NOTE: Determinations.>>  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;
                    (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

[[Page 132 STAT. 1370]]

                    (C) if the Secretary of Veterans Affairs determines, 
                on completion of the due diligence activities under 
                paragraph (1), that the Federal land 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) <<NOTE: Federal 
                Register, publication. Notice.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Reimbursement.>>  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.

[[Page 132 STAT. 1371]]

    (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.

    Approved May 25, 2018.

LEGISLATIVE HISTORY--S. 35:
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HOUSE REPORTS: No. 115-626, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-35 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Dec. 21, considered and passed 
                                        Senate.
                                                        Vol. 164 (2018):
                                    May 15, 16, considered and passed 
                                        House.

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