[Senate Report 110-361]
[From the U.S. Government Publishing Office]
Calendar No. 793
110th Congress Report
SENATE
2d Session 110-361
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MONTANA CEMETERY ACT
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June 16, 2008.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2124]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2124) 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, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 2124 is to direct the Secretary of
Agriculture to convey approximately 10 acres of the Beaverhead-
Deerlodge National Forest to Jefferson County, Montana, for
continued use as a cemetery.
BACKGROUND AND NEED
The Elkhorn Cemetery is located in the mountains of
Jefferson County, Montana, near the historic mining town of
Elkhorn. The Elkhorn Cemetery has been used as a cemetery since
at least the 1880s, when up to 2,500 people lived in Elkhorn.
The price of silver collapsed in the early 1890s, and the town
ultimately was abandoned.
The cemetery still is used by local families who
homesteaded and worked the mines in the area, and it is visited
by many sightseers as well. S. 2124 directs the Secretary of
Agriculture to convey approximately 10 acres of the Beaverhead-
Deerlodge National Forest, including the cemetery, to the
County.
LEGISLATIVE HISTORY
S. 2124 was introduced on October 1, 2007, by Senators
Baucus and Tester. The Subcommittee on Public Lands and Forests
held a hearing on S. 2124 on April 15, 2008. At its business
meeting on May 7, 2008, the Committee on Energy and Natural
Resources ordered S. 2124 favorably reported, without
amendment. An identical bill (S. 997, as amended) was reported
by the Committee and passed by the Senate in the 109th
Congress.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on May 7, 2008, by voice vote of a quorum
present, recommends that the Senate pass S. 2124.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 contain the short title and definitions
for the bill.
Section 3(a) directs the Secretary of Agriculture to convey
9.67 acres of the Beaverhead-Deerlodge National Forest to
Jefferson County, Montana. This subsection also specifies that
the conveyance shall be subject to valid existing rights and
the reversionary interest described in subsection (e), and
(subject to the other provisions of the Act) shall take place
not later than 180 days after enactment of this Act.
Subsection (b) describes the land to be conveyed by the
Secretary.
Subsection (c) states that Jefferson County must agree, as
a precondition of the conveyance, to use the land as a cemetery
and to manage the cemetery with due consideration and
protection for the historic and cultural values of the
cemetery. This subsection also makes clear that the conveyance
is dependant on the Secretary and Jefferson County agreeing to
terms and conditions to protect the historic and cultural
values of the cemetery.
Subsection (d) directs the Secretary to convey, in
accordance with applicable law, an easement over National
Forest System land to provide access to the conveyed land.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2124--Montana Cemetery Act of 2008
S. 2124 would direct the Secretary of Agriculture to convey
to Jefferson County, Montana, for no consideration, about 10
acres of land in the Beaverhead-Deerlodge National Forest. The
land is the site of the Elkhorn Cemetery. CBO estimates that
enacting S. 2124 would have no significant impact on the
federal budget.
Based on the cost of similar conveyances, we estimate that
the agency would spend less than $50,000 in 2009 to complete
the proposed conveyance, assuming the availability of
appropriated funds. The land to be conveyed under S. 2124 is
already used by Jefferson County as a cemetery and currently
generates no receipts; thus, CBO estimates that enacting S.
2124 would not affect direct spending of revenues.
S. 2124 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.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Peter H. Fontaine, 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. 2124.
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. 2124.
CONGRESSIONALLY DIRECTED SPENDING
S. 2124 does not contain any congressionally directed
spending items, limited tax benefits, or limited tariff
benefits as defined in rule XLIV of the Standing Rules of the
Senate.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 2124 on April 15,
2008.
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
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. 2124, but would recommend that
this bill 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. The bill provides for
the continued protection of the historic and cultural values
associated with the site but does not exempt the Forest Service
from its obligations to comply with the National Historic
Preservation Act, or any other law, at the time of transfer.
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. The Department does not support the reversion of
the lands back to the Secretary should this bill be enacted.
* * * * * * *
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. 2124 as ordered
reported.