II 

Calendar No. 542 

109TH CONGRESS 

2D SESSION S. 997 

[Report No. 109–299] 

To direct the Secretary of Agriculture to convey certain land in the Beaverhead-Deerlodge Forest, Montana, to Jefferson County, Montana, for use 

as a cemetery. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2005 

Mr. BURNS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

JULY 31, 2006 

Reported by Mr. DOMENICI, with an amendment and an amendment to the 

title 

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

A BILL 

To direct the Secretary of Agriculture to convey certain 

land in the Beaverhead-Deerlodge Forest, Montana, to 

Jefferson County, Montana, for use as a cemetery. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Montana Cemetery Act 

3 of 2005’’. 

4 SEC. 2. CONVEYANCE TO JEFFERSON COUNTY, MONTANA. 

5 (a) CONVEYANCE.—Not later than 180 days after the 

6 date of enactment of this Act and subject to valid existing 

7 rights, the Secretary of Agriculture (referred to in this Act 

8 as the ‘‘Secretary’’), acting through the Chief of the For9 est Service, shall convey to Jefferson County, Montana, 

10 for no consideration, all right, title, and interest of the 

11 United States in and to the parcel of land described in 

12 subsection (b). 

13 (b) DESCRIPTION OF LAND.—The parcel of land re14 ferred to in subsection (a) is the parcel of National Forest 

15 System land (including any improvements on the land) 

16 known as the Elkhorn Cemetery, which consists of 10 

17 acres in Jefferson County located in SW1/4 Sec. 14, T. 

18 6 N., R. 3 W. 

19 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

20 Secretary may require such additional terms and condi21 tions for the conveyance under subsection (a) as the Sec22 retary considers appropriate to protect the interests of the 

23 United States. 

24 SECTION 1. SHORT TITLE. 

25 This Act may be cited as the ‘‘Montana Cemetery Act 

26 of 2006’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COUNTY.—The term ‘‘County’’ means Jeffer4 son County, Montana. 

5 (2) MAP.—The term ‘‘map’’ means the map that 

6 is— 

7 (A) entitled ‘‘Elkhorn Cemetery’’; 

8 (B) dated May 9, 2005; and 

9 (C) on file in the office of the Beaverhead10 Deerlodge National Forest Supervisor. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Agriculture. 

13 SEC. 3. CONVEYANCE TO JEFFERSON COUNTY, MONTANA. 

14 (a) CONVEYANCE.—Not later than 180 days after the 

15 date of enactment of this Act and subject to valid existing 

16 rights, the Secretary (acting through the Regional Forester, 

17 Northern Region, Missoula, Montana) shall convey by quit18 claim deed to the County for no consideration, all right, 

19 title, and interest of the United States, except as provided 

20 in subsection (e), in and to the parcel of land described in 

21 subsection (b). 

22 (b) DESCRIPTION OF LAND.—The parcel of land re23 ferred to in subsection (a) is the parcel of approximately 

24 9.67 acres of National Forest System land (including any 

25 improvements to the land) in the County that is known as 

26 the ‘‘Elkhorn Cemetery’’, as generally depicted on the map. 


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1 (c) USE OF LAND.—As a condition of the conveyance 

2 under subsection (a), the County shall— 

3 (1) use the land described in subsection (b) as a 

4 County cemetery; and 

5 (2) agree to manage the cemetery with due con6 sideration and protection for the historic and cultural 

7 values of the cemetery, under such terms and condi8 tions as are agreed to by the Secretary and the Coun9 ty. 

10 (d) EASEMENT.—In conveying the land to the County 

11 under subsection (a), the Secretary, in accordance with ap12 plicable law, shall grant to the County an easement across 

13 certain National Forest System land, as generally depicted 

14 on the map, to provide access to the land conveyed under 

15 that subsection. 

16 (e) REVERSION.—In the quitclaim deed to the County, 

17 the Secretary shall provide that the land conveyed to the 

18 County under subsection (a) shall revert to the Secretary, 

19 at the election of the Secretary, if the land is— 

20 (1) used for a purpose other than the purposes 

21 described in subsection (c)(1); or 

22 (2) managed by the County in a manner that is 

23 inconsistent with subsection (c)(2). 

Amend the title so as to read: ‘‘To direct the Secretary of Agriculture to convey certain land in the BeaVerDate Aug 31 2005 03:39 Aug 01, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S997.RS S997

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verhead-Deerlodge National Forest, Montana, to Jefferson County, Montana, for use as a cemetery.’’. 


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Calendar No. 542 

109TH CONGRESS 

2D SESSION S. 997 

[Report No. 109

–299] 

A BILL 

To direct the Secretary of Agriculture to convey 

as a cemetery. Montana, to Jefferson County, Montana, for use certain land in the Beaverhead-Deerlodge Forest, 

JULY 31, 2006 

Reported with an amendment and an amendment to the 

title 


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