29–010 

Calendar No. 117 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–63 

BLACK HILLS CEMETERY 

JUNE 27, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 447] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 447) 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, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 447 is to require the Secretary of Agriculture 

to convey, without consideration, nine cemeteries located on National Forest System lands in the Black Hills National Forest to 

local entities. 

BACKGROUND AND NEED

There are nine cemeteries located on National Forest System 

lands in the Black Hills National Forest in South Dakota that are 

currently being managed by local entities who are interested in 

owning the lands outright. They include: (1) the Silver City Cemetery, managed by the Silver City Volunteer Fire Department; (2) 

the Hayward Cemetery, managed by the Hayward Volunteer Fire 

Department; (3) the Englewood Cemetery, managed by the City of 

Lead; (4) the Mountain Meadow Cemetery, managed by the Mountain Meadow Cemetery Association; (5) the Roubaix Cemetery, 

managed by the Roubaix Cemetery Association; (6) the Nemo Cemetery, managed by the Nemo Cemetery Association; (7) the Galena 

Cemetery, managed by the Galena Historical Society; (8) the 

Rockerville Cemetery, managed by the Rockerville Community 


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Club; and (9) the Cold Springs Cemetery, managed by the Cold 

Springs Historical Society. 

LEGISLATIVE HISTORY

S. 447 was introduced by Senators Thune and Johnson of South 

Dakota on March 5, 2013. A hearing was held on S. 447 by the 

Public Lands, Forests, and Mining Subcommittee on April 25, 2013. 

At its business meeting on May 16, 2013, the Committee ordered 

the bill favorably reported. 

In the 112th Congress, similar legislation was introduced in the 

House of Representatives, H.R. 3874. The House Subcommittee on 

National Parks, Forests, and Public Lands held a hearing on H.R. 

3874 on April 17, 2012 and favorably reported the bill on April 25, 

2012 (H. Rept. 112–475). The bill was passed by the House of Representatives on May 15, 2012 by a vote of 400–1. The legislation 

has not been previously considered by the Senate. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 447. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Black Hills Cemetery Act’’. 

Section 2(a) requires the Secretary of Agriculture to convey certain community cemeteries to the local communities in South Dakota that are currently managing and maintaining those cemeteries. The Secretary is also required to convey an additional two 

acres adjoining each cemetery to accommodate unmarked 

gravesites and expansion. 

Subsection (b) names the recipients of each property. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 447—Black Hills Cemetery Act 

S. 447 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 S. 447 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 S. 447 are already 

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

generate receipts over the next 10 years. 

S. 447 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. 

On April 1, 2013, CBO transmitted a cost estimate for H.R. 291, 

the Black Hills Cemetery Act, as ordered reported by the House 


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Committee on Natural Resources on March 20, 2013. The two bills 

are similar, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy 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. 447. 

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. 447, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 447, as reported, 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 testimony provided by the U.S. Forest Service at the April 

25, 2013, Subcommittee on Public Lands, Forests, and Mining 

hearing on S. 447 follows: 

STATEMENT OF JAMES M. PEN ̃ A, ASSOCIATE DEPUTY CHIEF, 

NATIONAL FOREST SYSTEM, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman, Ranking Member Barrasso, and members of the Committee, thank you for inviting me here 

today to testify regarding S. 447, the Black Hills Cemetery 

Act. 

S. 447, the Black Hills Cemeteries Act, would require 

the Secretary to convey, without consideration, nine parcels of National Forest System Land containing cemeteries 

located on National Forest System land in the Black Hills 

National Forest to local entities. The conveyance of these 

nine cemeteries is consistent with the Land and Resource 

Management Plan for the Black Hills National Forest. The 

Department does not object to making the Federal land 

available for use as cemeteries, but it does not support 

conveyance of National Forest System lands without consideration. It is long standing policy that the United States 

receive market value for the sale, exchange, or use of National Forest System land. This policy is well established 

in law, including the Independent Offices Appropriation 

Act (31 U.S.C. 9701), section 102(9) of FLPMA, as well as 

numerous land exchange authorities. 

In addition, we would like the committee to consider a 

provision that would require the recipient of each parcel to 


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cover the cost for heritage recordation and evaluation of 

significance for the National Register in addition to covering the land survey costs. The Forest Service would prepare the land survey instructions for the recipient’s land 

surveyor. 

This concludes our testimony and I would be happy to 

answer any questions that you may have. 

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 S. 447, as ordered reported. 

Æ 


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