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[Pages S8267-S8268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION ACT
The Senate proceeded to consider 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, which had been reported from the Committee on Energy and
Natural Resources, with an amendment to strike all after the enacting
clause and insert in lieu thereof 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;
(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 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
[[Page S8268]]
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.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
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