29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–26 

BLACK HILLS CEMETERY ACT 

APRIL 9, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 291] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 291) to provide for the conveyance of certain cemeteries 

that are located on National Forest System land in Black Hills National Forest, South Dakota, having considered the same, report favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 291 is to provide for the conveyance of certain cemeteries that are located on National Forest System land in 

Black Hills National Forest, South Dakota. 

BACKGROUND AND NEED FOR LEGISLATION

The Black Hills Cemetery Act (H.R. 291) authorizes the Secretary of Agriculture to convey all right, title, and interest to a 

number of cemeteries currently located on National Forest System 

land in the Black Hills of South Dakota to the communities that 

currently manage and maintain the cemeteries. The legislation directs the Secretary to convey an additional two acres adjoining 

each cemetery parcel to ensure that the land includes unmarked 

graves and allow for future expansion. Total acreage conveyed 

under the legislation would be minimal. The communities would 

assume ownership of the property as-is. 


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COMMITTEE ACTION

H.R. 291 was introduced on January 15, 2013, by Congressman 

Kristi Noem (R–SD). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Public Lands and Environmental Regulation. On March 20, 

2013, the Full Natural Resources Committee met to consider the 

bill. The Subcommittee on Public Lands and Environmental Regulation was discharged by unanimous consent. No amendments were 

offered to the bill, and the bill was adopted and ordered favorably 

reported to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 291—Black Hills Cemetery Act 

H.R. 291 would direct the Secretary of Agriculture to convey nine 

cemeteries and associated public lands in western South Dakota to 

local organizations for no consideration. CBO estimates that implementing H.R. 291 would have no significant impact on the federal 

budget. Enacting the bill would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

Based on information from the Forest Service, CBO expects that 

the recipients of the affected lands would be required to pay for 

any surveying costs associated with the land conveyances. In addition, most of the lands to be conveyed under H.R. 291 are already 

used as cemeteries, and none of the affected lands are expected to 

generate receipts over the next 10 years. 

H.R. 291 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 Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending auVerDate Mar 15 2010 22:54 Apr 10, 2013 Jkt 029006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR026.XXX HR026

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thority, credit authority, or an increase or decrease in revenues or 

tax expenditures. CBO estimates that implementing H.R. 291 

would have no significant impact on the federal budget. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to provide for the conveyance of certain cemeteries 

that are located on National Forest System land in Black Hills National Forest, South Dakota. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

1. Directed Rule Making. The Chairman does not believe that 

this bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

2. Duplication of Existing Programs. This bill does not establish 

or reauthorize a program of the federal government known to be 

duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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