[House Report 110-713]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-713
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MONTANA CEMETERY ACT OF 2007
_______
June 17, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3702]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3702) 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, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 3702 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 FOR LEGISLATION
The parcel of land within the Beaverhead-Deerlodge National
Forest to be conveyed to Jefferson County in H.R. 3702 is
currently being used for cemetery purposes and is known as the
``Elkhorn Cemetery.'' The 10-acre conveyance will provide land
to accommodate all known grave sites and any additional sites
that may be outside the concentration of known grave sites. In
addition the conveyance is of adequate size to include the
cemetery parking lot. 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 also provides for the continued protection
of the historic and cultural values associated with the site.
COMMITTEE ACTION
H.R. 3702 was introduced on September 27, 2007 by
Representative Dennis Rehberg (R-MT). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On June 5, 2008, the Subcommittee on National Parks, Forests
and Public Lands held a legislative hearing on the bill.
On June 11, 2008, the Full Natural Resources Committee met
to consider the bill. The Subcommittee was discharged from
consideration of the legislation. The bill was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Montana Cemetery Act of 2007''.
Section 2. Definitions
Section 2 defines the term ``County'' as Jefferson County,
Montana; defines the term ``Map'' as the map that is entitled
``Elkhorn Cemetery,'' dated May 9, 2005, and on file in the
office of the Beaverhead-Deerlodge National Forest Supervisor;
and defines the term ``Secretary'' as the Secretary of
Agriculture.
Section 3. Conveyance to Jefferson County, Montana
Section 3(a) of H.R. 3702 requires that not later than 180
days after enactment, the Secretary shall convey by quitclaim
deed to the County for no consideration, all right, title, and
interest of the United States in and to the parcel of land
described in subsection (b).
Section 3(b) states that the parcel 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.''
Section 3(c) requires that as a condition of the
conveyance, the County shall use the land as a County cemetery
and agree to manage the cemetery with due consideration and
protection for the historic and cultural values of the
cemetery.
Section 3(d) requires that the Secretary grant, in
accordance with applicable law, an easement to the County to
provide access to the conveyed land.
Section 3(e) is a reversionary clause stating that the
conveyed land shall revert to the Secretary, at the election of
the Secretary, if the land is used for a purpose or managed by
the County in a manner that is inconsistent with Section 3(c).
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3702--Montana Cemetery Act of 2007
H.R. 3702 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 H.R. 3702 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 H.R. 3702 is
already used by Jefferson County as a cemetery and currently
generates no receipts; thus, CBO estimates that enacting the
legislation would not affect direct spending or revenues.
H.R. 3702 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.
On May 14, 2008, CBO transmitted a cost estimate for S.
2124, the Montana Cemetery Act of 2008, as ordered reported by
the Senate Committee on Energy and Natural Resources on May 7,
2008. The bills are similar, and the estimated costs are
identical.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3702 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.