H.R. 291: Black Hills Cemetery Act

Introduced:
Jan 15, 2013 (113th Congress, 2013–2015)
Sponsor:
Rep. Kristi Noem [R-SD0]
Status:
Passed House
See Instead:

S. 447 (same title)
Reported by Committee — May 16, 2013

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


4/9/2013--Reported to House without amendment.
Black Hills Cemetery Act - Directs the Secretary of Agriculture (USDA) to convey, to the local communities in South Dakota that are currently managing specified community cemeteries, all interest of the United States in:
(1) the parcels of National Forest System land that contain the cemeteries, and
(2) up to an additional two acres adjoining each cemetery to ensure that such conveyances include unmarked gravesites and allow for the expansion of those cemeteries.
Requires:
(1) each such conveyance to be subject to the condition that the recipient accept the conveyed real property in the condition it is in at the time of conveyance,
(2) the conveyed lands to continue to be used in the same manner and for the same purposes as they were used immediately before their conveyance, and
(3) the recipients of the parcels of the real property conveyed under this Act to bear the cost of the survey for their particular parcel.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/113/1/hr291.

Background

According the sponsor, the nine cemeteries specified in the bill originated in the mining towns of the 19th century and are a unique and important source of history for local communities.  While these cemeteries have historically been maintained by local groups and communities, the land has been owned by the U.S. Forest Service since the early 20th century, which causes unnecessary liability for the Forest Service.  H.R. 291 would remove this liability by allowing the local groups themselves to take ownership of the land.

Identical legislation, H.R. 3874, passed the House in the 112th Congress on May 15, 2012 by a recorded vote of 400-1 (roll no. 251).

Summary

H.R. 291 authorizes the Secretary of Agriculture to convey specified cemeteries located on National Forest System land to the groups and local communities that currently manage and maintain them.  The legislation also includes a provision allowing the Secretary to convey an additional two acres adjacent to each cemetery to ensure that unmarked graves are covered and to allow room for expansion.  The recipients would be required to receive the lands as-is, and the lands are required to continue to be used as cemeteries.

Cost

CBO estimates that H.R. 291 would have “no significant impact on the federal budget,” and that the “recipients of the lands would have to pay for any surveying costs associated with the land conveyances.”

House Democratic Caucus Summary

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