IN THE SENATE OF THE UNITED STATES
October 29, 2015
Mr. Thune introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
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.
This Act may be cited as the
Black Hills National Cemetery Boundary Expansion Act.
In this Act:
The term Cemetery means the Black Hills National Cemetery in Sturgis, South Dakota.
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 September 28, 2015.
Secretary means the Secretary of the Interior.
Transfer and withdrawal of Bureau of Land Management land for Cemetery use
Transfer of administrative jurisdiction
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.
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.
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.
Copies of the legal description published under subparagraph (A) shall be available for public inspection in the appropriate offices of—
the Bureau of Land Management; and
the National Cemetery Administration.
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.
Subject to valid existing rights, for any period during which the Federal land is under the administrative jurisdiction of the Secretary of Veterans Affairs, the Federal land—
is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; and
shall be treated as property as defined under section 102(9) of title 40, United States Code.
The boundary of the Cemetery is modified to include the Federal land.
Modification of public land order
Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land.
Subsequent transfer of administrative jurisdiction
On a determination by the Secretary of Veterans Affairs that all or a portion of the Federal land is not being used for purposes of the Cemetery, the Secretary of Veterans Affairs shall notify the Secretary of the determination.
Transfer of administrative jurisdiction
Subject to subsections (c) and (d), the Secretary of Veterans Affairs shall transfer to the Secretary administrative jurisdiction over the Federal land subject to a notice under subsection (a).
The Secretary of Veterans Affairs shall be responsible for the costs of any decontamination of the Federal land subject to a notice under subsection (a) that the Secretary determines to be necessary for the Federal land to be restored to public land status.
Restoration to public land status
The Federal land subject to a notice under subsection (a) shall only be restored to public land status on—
acceptance by the Secretary of the Federal land subject to the notice; and
a determination by the Secretary that the Federal land subject to the notice is suitable for—
restoration to public land status; and
the operation of one or more of the public land laws with respect to the Federal land.
If the Secretary accepts the Federal land under subsection (d)(1) and makes a determination of suitability under subsection (d)(2), the Secretary may—
open the accepted Federal land to operation of 1 or more of the public land laws; and
issue an order to carry out the opening authorized under paragraph (1).