S. 35Senate115th Congress (2017-2019)Enacted

Black Hills National Cemetery Boundary Expansion Act

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced January 5, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:25 AM UTC

The Black Hills National Cemetery Boundary Expansion Act moves roughly 200 acres of federal land managed by the Bureau of Land Management into the control of the Department of Veterans Affairs so the land can be added to the Black Hills National Cemetery in South Dakota. Before the transfer, the VA must check the land for environmental and cultural issues and confirm it is suitable for burial use. Once approved, the land’s legal description is published, the cemetery’s boundary is expanded, and the land is removed from other public‑land uses such as mining.

Key Provisions

  • The VA must conduct environmental, cultural, and other due‑diligence studies on the land and notify the Interior Secretary before doing so.
  • If the land is deemed suitable, administrative control of the land shifts from the Interior Secretary to the VA Secretary, except for a small area within 100 feet of the Centennial Trail.
  • The transferred land is withdrawn from all public‑land appropriations (mining, mineral, geothermal leasing, etc.) and treated as cemetery property.
  • A legal description of the land will be published in the Federal Register, and the VA will reimburse the Interior for any survey or related costs.
  • The cemetery’s official boundary is updated to include the new land, and the existing public land order is amended to exclude it.

Legislative Activity

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26 earlier actions
Became Law Latest Action

Became Public Law No: 115-175.

May 25, 2018

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SenateIntro Referral

Introduced in Senate

January 5, 2017

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

January 5, 2017

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 30, 2017

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute. With written report No. 115-35.

May 3, 2017

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.

May 3, 2017

SenateFloor

Passed Senate with an amendment by Voice Vote. (consideration: CR S8267-8269; text: CR S8267-8268)

December 21, 2017

SenateFloor

Message on Senate action sent to the House.

December 22, 2017

HouseFloor

Received in the House.

December 22, 2017 • 2:05 PM

HouseFloor

Held at the desk.

December 22, 2017 • 3:19 PM

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

March 7, 2018

HouseIntro Referral

Referred to the Committee on Natural Resources, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 7, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 14, 2018

HouseCommittee

Ordered to be Reported by Unanimous Consent.

March 14, 2018

HouseCommittee

Reported by the Committee on Natural Resources. H. Rept. 115-626, Part I.

April 10, 2018

HouseCommittee

Committee on Veterans' Affairs discharged.

April 10, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 479.

April 10, 2018

HouseFloor

Mr. Bishop (UT) moved to suspend the rules and pass the bill.

May 15, 2018 • 5:17 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3951-3953)

May 15, 2018 • 5:17 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 35.

May 15, 2018 • 5:17 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 15, 2018 • 5:24 PM

HouseFloor

Considered as unfinished business. (CR H4008)

May 16, 2018 • 3:03 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407 - 0 (Roll no. 187).(text: CR 5/16/2018 H3951-3952)

May 16, 2018 • 3:11 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407 - 0 (Roll no. 187). (text: CR 5/16/2018 H3951-3952)

May 16, 2018 • 3:11 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 16, 2018 • 3:11 PM

President

Presented to President.

May 21, 2018

Became Law

Signed by President.

May 25, 2018

Became Law

Became Public Law No: 115-175.

May 25, 2018

Floor Debate

22 members

What members said about S. 35 on the floor

8 Republicans14 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · May 16, 2018

Mr. Speaker, pursuant to section 426 of the Congressional Budget and Empowerment Control Act of 1974, I make a point of order against consideration of the rule, House Resolution 891. Section 426 of…

Rob Woodall
Rep. Rob WoodallR-GA-7 · May 16, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 891 and ask for its immediate consideration. Mr. Speaker, I claim time in opposition to the point of order and in favor…

Jared Polis
Rep. Jared PolisD-CO-2 · May 16, 2018

Mr. Speaker, I want to draw attention to provisions of this bill which attack bedrock environmental laws and recklessly promote logging over clean water, recreation, and wildlife. In a district like…

Lisa Blunt Rochester
Rep. Lisa Blunt RochesterD-DE · May 16, 2018

Mr. Speaker, I rise in opposition to the rule and the underlying bill. I originally had some things written down on paper, but based on the last comments, I just want to echo the sentiments of my…

Rob Bishop
Rep. Rob BishopR-UT-1 · May 15, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (S. 35) to transfer administrative jurisdiction over certain Bureau of Land Management land from the Secretary of the Interior to the…

Show 8 more
Steve Daines
Sen. Steve DainesR-MT · Dec 20, 2018

Mr. President, my Montana colleagues, Congressman Gianforte and Senator Tester, and I have worked for years to bring Federal recognition to the Little Shell Tribe, and for the first time, we are just…

Conor Lamb
Rep. Conor LambD-PA-18 · May 16, 2018

Mr. Speaker, the VA MISSION Act is a good bill. I support it. For too long, our veterans could really question whether this government means it when we say that we value their service. We cannot…

Kristi L. Noem
Rep. Kristi L. NoemR-SD · May 15, 2018

Mr. Speaker, I want to thank the chairman as well for all of his help getting this bill done. I rise today in support of the Black Hills National Cemetery Boundary Expansion Act, and I urge my…

Tim Kaine
Sen. Tim KaineD-VA · Feb 27, 2018

Mr. President, our Nation's ongoing success and economic mobility depends on the skills and education of the American workforce and its preparedness to meet and adjust to the demands of today's…

Timothy J. Walz
Rep. Timothy J. WalzD-MN-1 · May 16, 2018

Mr. Speaker, I thank my friend from Massachusetts and my friend from Georgia. We are going to see some camaraderie down here. I agree with the gentleman on this. And I thank Mr. Lamb for pointing out…

Peter Welch
Rep. Peter WelchD-VT · May 16, 2018

Mr. Speaker, this farm bill is outrageous. What it is doing is breaking what has been traditionally a bipartisan commitment to including a nutrition title that helps people in all of our districts…

Greg Walden
Rep. Greg WaldenR-OR-2 · May 16, 2018

Mr. Speaker, I rise today in support of the rule and the good work that was done there and the VA MISSION Act, which improves access to care for our veterans, funds the Choice Program, and expands…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · May 16, 2018

Mr. Speaker, I rise in opposition to the rule and the underlying Republican farm bill, which could devastate working families, seniors, and the vulnerable who rely on food assistance. Currently, more…

Show 10 more
Bradley Scott Schneider
Rep. Bradley Scott SchneiderD-IL-10 · May 16, 2018

Mr. Speaker, I rise today in strong opposition to the cruel and partisan safety net cuts masquerading as the farm bill. The farm bill has long been a partisan cause, offering assistance and security…

Mike Lee
Sen. Mike LeeR-UT · Dec 20, 2018

Mr. President, in reserving the right to object, Tribal recognition is a very serious matter. It is not one that should be undertaken lightly. Given the sacred nature of Tribal recognition and the…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-16 · May 16, 2018

Mr. Speaker, I thank my colleague, and I rise in opposition to the rule. SNAP is a lifeline for 40 million low-income Americans and millions of working families. It is the most effective antihunger…

Brenda L. Lawrence
Rep. Brenda L. LawrenceD-MI-14 · May 16, 2018

Mr. Speaker, I rise today to speak out against this terrible farm bill. Mr. Speaker, we were working together, Democrats and Republicans, to work on a farm bill. Unfortunately, the Republicans are…

Darren Soto
Rep. Darren SotoD-FL-9 · May 15, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 35 transfers jurisdiction of approximately 200 acres of public land from the Bureau of Land Management to the National Cemetery…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 21, 2017

Mr. President, I ask unanimous consent that the Energy and Natural Resources Committee be discharged from further consideration of the following bills: S. 1438 and H.R. 1927; and that the Senate…

Anthony G. Brown
Rep. Anthony G. BrownD-MD-4 · Jun 26, 2018

Mr. Speaker, from May 15, 2018 until May 22, 2018, I was absent from the House of Representatives. Had I been present, I would have voted in the following manner: H.R. 613, Lieutenant Osvaldo…

Daniel Webster
Rep. Daniel WebsterR-FL-11 · May 16, 2018

Mr. Speaker, I was unable to travel back to Washington due to illness. Had I been present, I would have voted ``yea'' on rollcall No. 184, ``yea'' on rollcall No. 185, ``yea'' on rollcall No. 186,…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 21, 2017

Mr. President, I know of no further debate on the bills. Mr. President, I ask unanimous consent that the motions to reconsider be considered made and laid upon the table.

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · May 16, 2018

Mr. Speaker, I demand a recorded vote.

Bill Text

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One Hundred Fifteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

S. 35

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.

1.

Short title

This Act may be cited as the Black Hills National Cemetery Boundary Expansion Act.

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.

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)

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

(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)

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)

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)

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.

(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.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate