[DOCID: f:sr299.109]
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Calendar No. 542
109th Congress Report
SENATE
2d Session 109-299
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MONTANA CEMETERY ACT OF 2006
_______
July 31, 2006.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 997]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 997) 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, having considered the same, reports favorably thereon
with an amendment and an amendment to the title and recommends
that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Cemetery Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Jefferson County,
Montana.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Elkhorn Cemetery'';
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-Deerlodge
National Forest Supervisor.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. CONVEYANCE TO JEFFERSON COUNTY, MONTANA.
(a) Conveyance.--Not later than 180 days after the date of enactment
of this Act and subject to valid existing rights, the Secretary (acting
through the Regional Forester, Northern Region, Missoula, Montana)
shall convey by quitclaim deed to the County for no consideration, all
right, title, and interest of the United States, except as provided in
subsection (e), in and to the parcel of land described in subsection
(b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the parcel of approximately 9.67 acres of National
Forest System land (including any improvements to the land) in the
County that is known as the ``Elkhorn Cemetery'', as generally depicted
on the map.
(c) Use of Land.--As a condition of the conveyance under subsection
(a), the County shall--
(1) use the land described in subsection (b) as a County
cemetery; and
(2) agree to manage the cemetery with due consideration and
protection for the historic and cultural values of the
cemetery, under such terms and conditions as are agreed to by
the Secretary and the County.
(d) Easement.--In conveying the land to the County under subsection
(a), the Secretary, in accordance with applicable law, shall grant to
the County an easement across certain National Forest System land, as
generally depicted on the map, to provide access to the land conveyed
under that subsection.
(e) Reversion.--In the quitclaim deed to the County, the Secretary
shall provide that the land conveyed to the County under subsection (a)
shall revert to the Secretary, at the election of the Secretary, if the
land is--
(1) used for a purpose other than the purposes described in
subsection (c)(1); or
(2) managed by the County in a manner that is inconsistent
with subsection (c)(2).
2. Amend the title so as to read: ``To direct the Secretary
of Agriculture to convey certain land in the Beaverhead-
Deerlodge National Forest, Montana, to Jefferson County,
Montana, for use as a cemetery.''.
PURPOSE OF THE MEASURE
The purpose of S. 997 is to direct the Secretary of
Agriculture to convey certain land in the Beaverhead-Deerlodge
National Forest, Montana, to Jefferson County, Montana, for use
as a cemetery.
BACKGROUND AND NEED
S. 997 directs the Secretary of Agriculture to convey 10
acres of the Beaverhead-Deerlodge National Forest to Jefferson
County, Montana. The land includes the cemetery of the
abandoned mining town of Elkhorn in Jefferson County. The
Elkhorn Cemetery has been used as a cemetery since the 1860s.
The cemetery was included in the National Forest, because of
surveying errors and limited information when the National
Forest boundaries were surveyed in the early 1900's.
The cemetery is still in use by local families who
homesteaded and worked the mines in the area. However, Forest
Service policies strongly discourage burials on National Forest
lands, placing both the families and Forest Service in an
awkward position.
LEGISLATIVE HISTORY
S. 997 was introduced by Senator Burns on May 11, 2005. The
Subcommittee on Public Lands and Forests held a hearing on S.
997 on July 20, 2005 (S. Hrg. 109-157). The Committee on Energy
and Natural Resources ordered S. 997 favorably reported with an
amendment on May 24, 2006.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 24, 2006, by a unanimous voice
vote of a quorum present recommends that the Senate pass S.
997, if amended as described herein.
COMMITTEE AMENDMENT
The Committee adopted an amendment in the nature of a
substitute that clarifies the terms and conditions of the
conveyance, including its easement and reversionary provisions,
as well as how the lands may be used by Jefferson County,
Montana. In addition, the Committee adopted an amendment to the
bill.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 contain the short title and definitions of
terms used in the bill.
Sections 3 (a and b) directs the Secretary of Agriculture
to convey, subject to valid existing rights, to approximately
10 acres of Beaverhead-Deerlodge National Forest lands to
Jefferson County, Montana, for use as a cemetery, within 180
days of enactment.
Subsection (c) provides terms and conditions for use of the
conveyed land.
Subsection (d) directs the Secretary of Agriculture to
provide a road easement to the property as depicted on the map
for the conveyance.
Subsection (e) directs the Secretary to include a
reversionary provision in the conveyance.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 997--Montana Cemetery Act of 2006
S. 997 would direct the Secretary of Agriculture to convey
the Elkhorn Cemetery to Jefferson County, Montana. CBO
estimates that enacting S. 997 would have no significant impact
on the federal budget and would not affect revenues or direct
spending.
The bill 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.
Under S.997, the Forest Service would convey to Jefferson
County, for no consideration, about 10 acres of land in the
Beaverhead-Deerlodge National Forest. Based on the cost of
similar conveyances, we estimate that the agency would spend
less than $50,000 in 2007 to complete the proposed conveyance,
assuming the availability of appropriated funds. The land to be
conveyed under S. 997 is already used by Jefferson County as a
cemetery and currently generates no offsetting receipts that
would be forgone if the bill is enacted.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, 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. 997.
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. 997.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at a hearing on the bill on July 20,
2005, as follows:
Testimony of Joel Holtrop, Deputy Chief, National Forest System, U.S.
Forest Service, United States Department of Agriculture
Mr. Chairman and Members of the Subcommittee, thank you for
giving me the opportunity to present the views of the U.S.
Department of Agriculture on S. 997, the Montana CemeteryAct of
2005.
S. 997--MONTANA CEMETERY ACT OF 2005
This legislation directs the Secretary to convey for no
consideration, all right, title, and interest in 10 acres of
land within the Beaverhead-Deerlodge National Forests to
Jefferson County, Montana to be used for cemetery purposes. The
Department is supportive of S. 997, but would recommend that
the Committee add provisions to the legislation that will
protect historic interests and provide consideration to the
Federal government for the conveyance.
The parcel to be conveyed to Jefferson County is currently
being used for cemetery purposes but a special use
authorization has never been issued for this purpose. The 10-
acre conveyance will provide a sufficient amount of land to
accommodate all known grave sites and any additional sites that
may be outside of the concentration of known sites. In addition
the conveyance is of adequate size to include the cemetery
parking lot so that it will be located on private property.
The parcel to be conveyed is a National Register eligible
property that contributes to the significance of the Elkhorn
town site and the Elkhorn historic mining district. We would
like to work with the committee and through the NEPA process to
ensure that the land conveyed will be managed with due
consideration for the historic and cultural values associated
with the cemetery.
Also, we are concerned about conveying public land to other
jurisdictions without any form of consideration. The Department
does not object to making the Federal land available for use as
a cemetery, but requests that the conveyance of the public land
estate include consideration for the market value of the
property and for the administrative costs associated with the
conveyance.
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 the bill S. 997 as ordered
reported.
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