IB 

Union Calendar No. 553 

114TH CONGRESS 

2D SESSION H. R. 3839 

[Report No. 114–714, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 27, 2015 

Mrs. NOEM introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

SEPTEMBER 6, 2016 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 6, 2016 

The Committee on Veterans’ Affairs discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on October 27, 2015] 


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•HR 3839 RH

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. 


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•HR 3839 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 The Act may be cited as the ‘‘Black Hills National 

5 Cemetery Boundary Expansion Act’’. 

6 SEC. 2. WITHDRAWAL AND TRANSFER OF PUBLIC LAND FOR 

7 CEMETERY USE. 

8 (a) WITHDRAWAL AND TRANSFER.—Subject to valid 

9 existing rights, the public lands described in subsection (b) 

10 are hereby— 

11 (1) withdrawn from all forms of appropriation 

12 under the public land laws, including the mining 

13 laws, the mineral leasing laws, and the geothermal 

14 leasing laws, for as long as the lands remain under 

15 the administrative jurisdiction of the Secretary of 

16 Veterans Affairs; 

17 (2) deemed property as defined in section 102(9) 

18 of title 40, United States Code, for as long as the 

19 lands remain under the administrative jurisdiction of 

20 the Secretary of Veterans Affairs; and 

21 (3) transferred to the administrative jurisdiction 

22 of the Secretary of Veterans Affairs for use as na23 tional cemeteries under chapter 24 of title 38, United 

24 States Code. 


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•HR 3839 RH

1 (b) LAND DESCRIPTION.—The public lands with2 drawn, deemed property, and transferred under subsection 

3 (a) are the approximately 200 acres of land adjacent to 

4 Black Hills National Cemetery, South Dakota, generally de5 picted as ‘‘Proposed National Cemetery Expansion’’ on the 

6 map entitled ‘‘Proposed Expansion of Black Hills National 

7 Cemetery – South Dakota’’ and dated September 28, 2015, 

8 except the land located within 100 feet of the centerline of 

9 the Centennial Trail (which runs along the northern bound10 ary of the ‘Proposed National Cemetery Expansion’) and 

11 which is located south of that Trail. 

12 (c) BOUNDARY MODIFICATION.—The boundary of the 

13 Black Hills National Cemetery is hereby modified to in14 clude the public lands identified in subsection (b). 

15 (d) MODIFICATION OF PUBLIC LAND ORDER.—Public 

16 Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), 

17 is modified to exclude the lands identified in subsection (b). 

18 SEC. 3. LEGAL DESCRIPTIONS. 

19 (a) PREPARATION OF LEGAL DESCRIPTIONS.—As soon 

20 as practicable after the date of the enactment of this Act, 

21 the Secretary of the Interior shall publish in the Federal 

22 Register a notice containing the legal descriptions of the 

23 public lands withdrawn, deemed property, and transferred 

24 under section 2(a). 


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•HR 3839 RH

1 (b) LEGAL EFFECT.—The legal descriptions prepared 

2 under subsection (a) shall have the same force and effect 

3 as if the legal descriptions were included in this Act, except 

4 that the Secretary of the Interior may correct any clerical 

5 and typographical errors in the legal descriptions. 

6 (c) CONFLICT BETWEEN MAP AND LEGAL DESCRIP7 TION.—In the case of a conflict between the map referred 

8 to in section 2(b) and the legal descriptions prepared under 

9 subsection (a), the map shall control. 

10 (d) AVAILABILITY.—Copies of the map referred to in 

11 section 2(b) and the legal descriptions prepared under sub12 section (a) shall be available for public inspection in the 

13 appropriate offices of— 

14 (1) the Bureau of Land Management; and 

15 (2) the National Cemetery Administration. 

16 (e) COSTS.—The Secretary of Veterans Affairs shall re17 imburse the Secretary of the Interior for reasonable costs 

18 incurred by the Secretary of the Interior in implementing 

19 this section, including the costs of any surveys. 

20 SEC. 4. RESTORATION TO PUBLIC LANDS FOR NON-CEME21 TERY USE. 

22 (a) NOTICE AND EFFECT.—Upon a determination by 

23 the Secretary of Veterans Affairs that all or a portion of 

24 the lands withdrawn, deemed property, and transferred 

25 under section 2 shall not be used for cemetery purposes, the 


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•HR 3839 RH

1 Secretary of Veterans Affairs shall notify the Secretary of 

2 the Interior of such determination. Subject to subsections 

3 (b) and (c), the Secretary of Veterans Affairs shall transfer 

4 administrative jurisdiction of the lands subject to such no5 tice to the Secretary of the Interior. 

6 (b) DECONTAMINATION.—The Secretary of Veterans 

7 Affairs shall be responsible for costs of any decontamination 

8 of the lands subject to a notice under subsection (a) deter9 mined by the Secretary of the Interior to be necessary for 

10 the lands to be restored to the public lands. 

11 (c) RESTORATION TO THE PUBLIC LANDS.—The lands 

12 subject to a notice under subsection (a) shall only be re13 stored to the public lands upon acceptance by the Secretary 

14 of the Interior and a determination by the Secretary of the 

15 Interior that such lands are suitable for restoration to the 

16 public lands and operation of one or more of the public 

17 land laws. 

18 (d) OPENING ORDER.—If the Secretary of the Interior 

19 accepts the lands subject to such a notice and determines 

20 that the lands are suitable for restoration, in whole or in 

21 part, the Secretary of the Interior may open the lands to 

22 operation of one or more of the public land laws and may 

23 issue an order to that effect. 


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SSpencer on DSK4SPTVN1PROD with BILLS
Union Calendar No. 553 

114TH CONGRESS 

2D SESSION H. R. 3839 

[Report No. 114–714, Part I] 

A BILL 

To transfer administrative jurisdiction over certain 

tional Cemetery, and for other purposes. erans Affairs for inclusion in the Black Hills Naretary of the Interior to the Secretary of VetBureau of Land Management land from the SecSEPTEMBER 6, 2016 

Reported from the Committee on Natural Resources with 

an amendment 

SEPTEMBER 6, 2016 

The Committee on Veterans’ Affairs discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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