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S. 726: Elko National Cemetery Act


The text of the bill below is as of Mar 11, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 726

IN THE SENATE OF THE UNITED STATES

March 11, 2021

(for herself and Ms. Rosen) 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 use as a national cemetery, and for other purposes.

1.

Short title

This Act may be cited as the Elko National Cemetery Act.

2.

Definitions

In this Act:

(1)

Federal land

The term Federal land means the approximately 15 acres of Bureau of Land Management land in Elko, Nevada, that is more particularly described as NE1/4 SW1/4 NW1/4, N1/2SE1/4SW1/4NW1/4, sec. 8, T. 34 N., R. 55 E., of the Mount Diablo Meridian, as depicted on the map prepared by the Bureau of Land Management, entitled Proposed National Cemetery-Elko Nevada, and dated September 9, 2015.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Transfer and withdrawal of Bureau of Land Management land for use as a national cemetery

(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 in section 102 of title 40, United States Code).