69–010 

Calendar No. 793 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–361 

MONTANA CEMETERY ACT 

JUNE 16, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2124] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2124) to direct the Secretary of Agriculture to 

convey certain land in the Beaverhead-Deerlodge National Forest, 

Montana, to Jefferson County, Montana, for use as a cemetery, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 2124 is to direct the Secretary of Agriculture 

to convey approximately 10 acres of the Beaverhead-Deerlodge National Forest to Jefferson County, Montana, for continued use as a 

cemetery. 

BACKGROUND AND NEED

The Elkhorn Cemetery is located in the mountains of Jefferson 

County, Montana, near the historic mining town of Elkhorn. The 

Elkhorn Cemetery has been used as a cemetery since at least the 

1880s, when up to 2,500 people lived in Elkhorn. The price of silver 

collapsed in the early 1890s, and the town ultimately was abandoned. 

The cemetery still is used by local families who homesteaded and 

worked the mines in the area, and it is visited by many sightseers 

as well. S. 2124 directs the Secretary of Agriculture to convey approximately 10 acres of the Beaverhead-Deerlodge National Forest, 

including the cemetery, to the County. 


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LEGISLATIVE HISTORY

S. 2124 was introduced on October 1, 2007, by Senators Baucus 

and Tester. The Subcommittee on Public Lands and Forests held 

a hearing on S. 2124 on April 15, 2008. At its business meeting on 

May 7, 2008, the Committee on Energy and Natural Resources ordered S. 2124 favorably reported, without amendment. An identical 

bill (S. 997, as amended) was reported by the Committee and 

passed by the Senate in the 109th Congress. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 7, 2008, by voice vote of a quorum 

present, recommends that the Senate pass S. 2124. 

SECTION-BY-SECTION ANALYSIS

Sections 1 and 2 contain the short title and definitions for the 

bill. 

Section 3(a) directs the Secretary of Agriculture to convey 9.67 

acres of the Beaverhead-Deerlodge National Forest to Jefferson 

County, Montana. This subsection also specifies that the conveyance shall be subject to valid existing rights and the reversionary 

interest described in subsection (e), and (subject to the other provisions of the Act) shall take place not later than 180 days after enactment of this Act. 

Subsection (b) describes the land to be conveyed by the Secretary. 

Subsection (c) states that Jefferson County must agree, as a precondition of the conveyance, to use the land as a cemetery and to 

manage the cemetery with due consideration and protection for the 

historic and cultural values of the cemetery. This subsection also 

makes clear that the conveyance is dependant on the Secretary and 

Jefferson County agreeing to terms and conditions to protect the 

historic and cultural values of the cemetery. 

Subsection (d) directs the Secretary to convey, in accordance with 

applicable law, an easement over National Forest System land to 

provide access to the conveyed land. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 2124—Montana Cemetery Act of 2008 

S. 2124 would direct the Secretary of Agriculture to convey to 

Jefferson County, Montana, for no consideration, about 10 acres of 

land in the Beaverhead-Deerlodge National Forest. The land is the 

site of the Elkhorn Cemetery. CBO estimates that enacting S. 2124 

would have no significant impact on the federal budget. 

Based on the cost of similar conveyances, we estimate that the 

agency would spend less than $50,000 in 2009 to complete the proposed conveyance, assuming the availability of appropriated funds. 

The land to be conveyed under S. 2124 is already used by Jefferson 

County as a cemetery and currently generates no receipts; thus, 

CBO estimates that enacting S. 2124 would not affect direct spending of revenues. 


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S. 2124 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Tyler Kruzich. This estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 2124. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 2124. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2124 does not contain any congressionally directed spending 

items, limited tax benefits, or limited tariff benefits as defined in 

rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at a hearing on S. 2124 on April 15, 2008. 

STATEMENT OF JOEL HOLTROP, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

This legislation directs the Secretary to convey for no 

consideration, all right, title, and interest in 10 acres of 

land within the Beaverhead-Deerlodge National Forests to 

Jefferson County, Montana to be used for cemetery purposes. The Department is supportive of S. 2124, but would 

recommend that this bill provide consideration to the Federal government for the conveyance. 

The parcel to be conveyed to Jefferson County is currently being used for cemetery purposes but a special use 

authorization has never been issued for this purpose. The 

10-acre conveyance will provide a sufficient amount of land 

to accommodate all known grave sites and any additional 

sites that may be outside of the concentration of known 

sites. In addition the conveyance is of adequate size to include the cemetery parking lot so that it will be located on 

private property. The parcel to be conveyed is a National 

Register eligible property that contributes to the significance of the Elkhorn town site and the Elkhorn historic 

mining district. The bill provides for the continued protection of the historic and cultural values associated with the 

site but does not exempt the Forest Service from its obligaVerDate Aug 31 2005 16:14 Jun 17, 2008 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR361.XXX SR361

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tions to comply with the National Historic Preservation 

Act, or any other law, at the time of transfer. 

We are concerned about conveying public land to other 

jurisdictions without any form of consideration. The Department does not object to making the Federal land available for use as a cemetery, but requests that the conveyance of the public land estate include consideration for the 

market value of the property and for the administrative 

costs associated with the conveyance. The Department 

does not support the reversion of the lands back to the 

Secretary should this bill be enacted. 

* * * * * * * 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 2124 as ordered reported. 

Æ 


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