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S. 2223 (114th): Black Hills National Cemetery Boundary Expansion Act

The text of the bill below is as of Oct 29, 2015 (Introduced).


II

114th CONGRESS

1st Session

S. 2223

IN THE SENATE OF THE UNITED STATES

October 29, 2015

introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

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.

1.

Short title

This Act may be cited as the Black Hills National Cemetery Boundary Expansion Act.

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 September 28, 2015.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Transfer and withdrawal of Bureau of Land Management land for Cemetery use

(a)

Transfer of administrative jurisdiction

(1)

In general

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.

(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.

(b)

Withdrawal

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—

(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.

(c)

Boundary modification

The boundary of the Cemetery is modified to include the Federal land.

(d)

Modification of public land order

Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land.

4.

Subsequent transfer of administrative jurisdiction

(a)

Notice

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.

(b)

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).

(c)

Decontaminaton

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.

(d)

Restoration to public land status

The Federal land subject to a notice under subsection (a) shall only be restored to public land status on—

(1)

acceptance by the Secretary of the Federal land subject to the notice; and

(2)

a determination by the Secretary that the Federal land subject to the notice is suitable for—

(A)

restoration to public land status; and

(B)

the operation of one or more of the public land laws with respect to the Federal land.

(e)

Order

If the Secretary accepts the Federal land under subsection (d)(1) and makes a determination of suitability under subsection (d)(2), the Secretary may—

(1)

open the accepted Federal land to operation of 1 or more of the public land laws; and

(2)

issue an order to carry out the opening authorized under paragraph (1).