[115th Congress Public Law 175]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 1369]]
Public Law 115-175
115th Congress
An Act
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. <<NOTE: May 25, 2018 - [S. 35]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Black Hills
National Cemetery Boundary Expansion Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Hills National Cemetery
Boundary Expansion Act''.
SEC. 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.
SEC. 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) <<NOTE: Determinations.>> 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
[[Page 132 STAT. 1370]]
(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) <<NOTE: Federal
Register, publication. Notice.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Reimbursement.>> 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.
[[Page 132 STAT. 1371]]
(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.
Approved May 25, 2018.
LEGISLATIVE HISTORY--S. 35:
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HOUSE REPORTS: No. 115-626, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-35 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Dec. 21, considered and passed
Senate.
Vol. 164 (2018):
May 15, 16, considered and passed
House.
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