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Bill
Notes

S. 35 — what changed

Black Hills National Cemetery Boundary Expansion Act

From Reported in Senate to Engrossed in Senate. 1 section amended between Reported in Senate and Engrossed in Senate.

Sec. 3 Transfer and withdrawal of Bureau of Land Management land for Cemetery use

(a)
changed Transfer Conduct of administrative jurisdiction—due diligence activities by the Secretary of Veterans Affairs—
(1)
changed In general— Subject to valid existing rights, Before the transfer of administrative jurisdiction over and withdrawal of the Federal land is transferred from under subsections (b) and (c), respectively, and subject to paragraph (2), the Secretary to 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 use as a national cemetery in accordance with chapter 24 of title 38, United States Code.purposes.
(2)
added Notice; Required coordination— The Secretary of Veterans Affairs shall—
(A)
added before conducting any due diligence activities under paragraph (1), notify the Secretary of the activities to be conducted;
(B)
added 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)
added 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)
added Transfer of administrative jurisdiction—
(1)
added Transfer—
(A)
added 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)
added 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)
added Legal descriptions—
(2)
removed Legal descriptions—
(A)
renumbered was (2)(3)(2) 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)
renumbered was (2)(3)(3) 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)
renumbered was (2)(3)(4) Availability— Copies of the legal description published under subparagraph (A) shall be available for public inspection in the appropriate offices of—
(i)
renumbered was (2)(3)(4)(3) the Bureau of Land Management; and
(ii)
renumbered was (2)(3)(4)(4) the National Cemetery Administration.
(D)
renumbered was (2)(3)(5) 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)
added 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—
(b)
removed 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)
renumbered was (3)(3) 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)
renumbered was (3)(4) shall be treated as property as defined under section 102(9) of title 40, United States Code.
(d)
renumbered was (4) Boundary modification— The boundary of the Cemetery is modified to include the Federal land.
(e)
renumbered was (5) Modification of public land order— Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land.