II Calendar No. 49 115th CONGRESS 1st Session S. 35 [Report No. 115–35] IN THE SENATE OF THE UNITED STATES January 5, 2017 Mr. Thune (for himself, Mr. Rounds , and Mr. Enzi ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources May 3, 2017 Reported by Ms. Murkowski , with an amendment Strike out all after the enacting clause and insert the part printed in italic 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.

1. Short title This Act may be cited as the Black Hills National Cemetery Boundary Expansion Act . 2. Definitions In this Act: (1) Cemetery The term Cemetery means the Black Hills National Cemetery in Sturgis, South Dakota. (2) Federal land The term Federal land means the approximately 200 acres of Bureau of Land Management land adjacent to the Cemetery, generally depicted as Proposed National Cemetery Expansion on the map entitled Proposed Expansion of Black Hills National Cemetery-South Dakota and dated June 16, 2016. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Transfer and withdrawal of Bureau of Land Management land for Cemetery use (a) Transfer of administrative jurisdiction (1) In general Subject to valid existing rights, administrative jurisdiction over the Federal land is transferred from the Secretary to the Secretary of Veterans Affairs for use as a national cemetery in accordance with chapter 24 of title 38, United States Code. (2) Legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice containing a legal description of the Federal land. (B) Effect A legal description published under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the legal description. (C) Availability Copies of the legal description published under subparagraph (A) shall be available for public inspection in the appropriate offices of— (i) the Bureau of Land Management; and (ii) the National Cemetery Administration. (D) Costs The Secretary of Veterans Affairs shall reimburse the Secretary for the costs incurred by the Secretary in carrying out this paragraph, including the costs of any surveys and other reasonable costs. (b) Withdrawal Subject to valid existing rights, for any period during which the Federal land is under the administrative jurisdiction of the Secretary of Veterans Affairs, the Federal land— (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; and (2) shall be treated as property as defined under section 102(9) of title 40, United States Code. (c) Boundary modification The boundary of the Cemetery is modified to include the Federal land. (d) Modification of public land order Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land.

1. Short title This Act may be cited as the Black Hills National Cemetery Boundary Expansion Act . 2. Definitions In this Act: (1) Cemetery The term Cemetery means the Black Hills National Cemetery in Sturgis, South Dakota. (2) Federal land The term Federal land means the approximately 200 acres of Bureau of Land Management land adjacent to the Cemetery, generally depicted as Proposed National Cemetery Expansion on the map entitled Proposed Expansion of Black Hills National Cemetery-South Dakota and dated June 16, 2016. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Transfer and withdrawal of Bureau of Land Management land for Cemetery use (a) Conduct of due diligence activities by the Secretary of Veterans Affairs (1) In general Before the transfer of administrative jurisdiction and withdrawal of the Federal land under subsections (b) and (c), respectively, and subject to paragraph (2), the Secretary of Veterans Affairs shall complete any appropriate environmental, cultural resource, and other due diligence activities on the Federal land that would enable the Secretary of Veterans Affairs to confirm that the Federal land is suitable for cemetery purposes. (2) Notice; Required coordination The Secretary of Veterans Affairs shall— (A) before conducting any due diligence activities under paragraph (1), notify the Secretary of the activities to be conducted; (B) as the Secretary of Veterans Affairs determines to be necessary in the conduct of the due diligence activities under paragraph (1), coordinate the activities with the Secretary; and (C) if the Secretary of Veterans Affairs determines, on completion of the due diligence activities under paragraph (1), that the Federal land is suitable for cemetery purposes, submit written notice of the determination to the Secretary. (b) Transfer of administrative jurisdiction (1) Transfer (A) In general On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under subsection (a)(2)(C), except as provided in subparagraph (B), and subject to valid existing rights, administrative jurisdiction over the Federal land is transferred from the Secretary to the Secretary of Veterans Affairs for use as a national cemetery in accordance with chapter 24 of title 38, United States Code. (B) Exclusion The transfer of administrative jurisdiction over the Federal land under subparagraph (A) shall not include the land located within 100 feet of the center of the Centennial Trail, as generally depicted on the map entitled Proposed Expansion of Black Hills National Cemetery-South Dakota and dated June 16, 2016. (2) Legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice containing a legal description of the Federal land. (B) Effect A legal description published under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the legal description. (C) Availability Copies of the legal description published under subparagraph (A) shall be available for public inspection in the appropriate offices of— (i) the Bureau of Land Management; and (ii) the National Cemetery Administration. (D) Costs The Secretary of Veterans Affairs shall reimburse the Secretary for the costs incurred by the Secretary in carrying out this paragraph, including the costs of any surveys and other reasonable costs. (c) Withdrawal On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under subsection (a)(2)(C) and subject to valid existing rights, the Federal land— (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; and (2) shall be treated as property as defined under section 102(9) of title 40, United States Code. (d) Boundary modification The boundary of the Cemetery is modified to include the Federal land. (e) Modification of public land order Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land.

May 3, 2017 Reported with an amendment