II 

Calendar No. 23 

109TH CONGRESS 

1ST SESSION S. 254 

[Report No. 109–12] 

To direct the Secretary of Agriculture to convey certain land to Lander 

County, Nevada, and the Secretary of the Interior to convey certain 

land to Eureka County, Nevada, for continued use as cemeteries. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. REID (for himself and Mr. ENSIGN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

FEBRUARY 23, 2005 

Reported under authority of the order of the Senate of February 17, 2005, 

by Mr. DOMENICI, without amendment 

A BILL

To direct the Secretary of Agriculture to convey certain 

land to Lander County, Nevada, and the Secretary of 

the Interior to convey certain land to Eureka County, 

Nevada, for continued use as cemeteries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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•S 254 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Central Nevada Rural 

3 Cemeteries Act’’. 

4 SEC. 2. CONVEYANCE TO LANDER COUNTY, NEVADA. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the historical use by settlers and travelers 

7 since the late 1800’s of the cemetery known as 

8 ‘‘Kingston Cemetery’’ in Kingston, Nevada, predates 

9 incorporation of the land within the jurisdiction of 

10 the Forest Service on which the cemetery is situated; 

11 (2) it is appropriate that that use be continued 

12 through local public ownership of the parcel rather 

13 than through the permitting process of the Federal 

14 agency; 

15 (3) in accordance with Public Law 85–569 

16 (commonly known as the ‘‘Townsite Act’’) (16 

17 U.S.C. 478a), the Forest Service has conveyed to 

18 the Town of Kingston 1.25 acres of the land on 

19 which historic gravesites have been identified; and 

20 (4) to ensure that all areas that may have un21 marked gravesites are included, and to ensure the 

22 availability of adequate gravesite space in future 

23 years, an additional parcel consisting of approxi24 mately 8.75 acres should be conveyed to the county 

25 so as to include the total amount of the acreage in-
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•S 254 RS

1 cluded in the original permit issued by the Forest 

2 Service for the cemetery. 

3 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—

4 Subject to valid existing rights and the condition stated 

5 in subsection (e), the Secretary of Agriculture, acting 

6 through the Chief of the Forest Service (referred to in 

7 this section as the ‘‘Secretary’’), not later than 90 days 

8 after the date of enactment of this Act, shall convey to 

9 Lander County, Nevada (referred to in this section as the 

10 ‘‘county’’), for no consideration, all right, title, and inter11 est of the United States in and to the parcel of land de12 scribed in subsection (c). 

13 (c) DESCRIPTION OF LAND.—The parcel of land re14 ferred to in subsection (b) is the parcel of National Forest 

15 System land (including any improvements on the land) 

16 known as ‘‘Kingston Cemetery’’, consisting of approxi17 mately 10 acres and more particularly described as 

SW1⁄4SE1⁄4SE1 18 ⁄4 of section 36, T. 16N., R. 43E., Mount 

19 Diablo Meridian. 

20 (d) EASEMENT.—At the time of the conveyance 

21 under subsection (b), subject to subsection (e)(2), the Sec22 retary shall grant the county an easement allowing access 

23 for persons desiring to visit the cemetery and other ceme24 tery purposes over Forest Development Road #20307B, 
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•S 254 RS

1 notwithstanding any future closing of the road for other 

2 use. 

3 (e) CONDITION ON USE OF LAND.— 

4 (1) IN GENERAL.—The county (including its 

5 successors) shall continue the use of the parcel con6 veyed under subsection (b) as a cemetery. 

7 (2) REVERSION.—If the Secretary, after notice 

8 to the county and an opportunity for a hearing, 

9 makes a finding that the county has used or per10 mitted the use of the parcel for any purpose other 

11 than the purpose specified in paragraph (1), and the 

12 county fails to discontinue that use— 

13 (A) title to the parcel shall revert to the 

14 Secretary, to be administered by the Secretary; 

15 and 

16 (B) the easement granted to the county 

17 under subsection (d) shall be revoked. 

18 (3) WAIVER.—The Secretary may waive the ap19 plication of subparagraph (A) or (B) of paragraph 

20 (2) if the Secretary determines that a waiver would 

21 be in the best interests of the United States. 

22 SEC. 3. CONVEYANCE TO EUREKA COUNTY, NEVADA. 

23 (a) FINDINGS.—Congress finds that— 

24 (1) the historical use by settlers and travelers 

25 since the late 1800’s of the cemetery known as 
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•S 254 RS

1 ‘‘Maiden’s Grave Cemetery’’ in Beowawe, Nevada, 

2 predates incorporation of the land within the juris3 diction of the Bureau of Land Management on 

4 which the cemetery is situated; and 

5 (2) it is appropriate that that use be continued 

6 through local public ownership of the parcel rather 

7 than through the permitting process of the Federal 

8 agency. 

9 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—

10 Subject to valid existing rights and the condition stated 

11 in subsection (e), the Secretary of the Interior, acting 

12 through the Director of the Bureau of Land Management 

13 (referred to in this section as the ‘‘Secretary’’), not later 

14 than 90 days after the date of enactment of this Act, shall 

15 convey to Eureka County, Nevada (referred to in this sec16 tion as the ‘‘county’’), for no consideration, all right, title, 

17 and interest of the United States in and to the parcel of 

18 land described in subsection (c). 

19 (c) DESCRIPTION OF LAND.—The parcel of land re20 ferred to in subsection (b) is the parcel of public land (in21 cluding any improvements on the land) known as ‘‘Maid22 en’s Grave Cemetery’’, consisting of approximately 10 

23 acres and more particularly described as 

S1⁄2NE1⁄4SW1⁄4SW1⁄4, N1⁄2SE1⁄4SW1⁄4SW1 24 ⁄4 of section 10, 

25 T.31N., R.49E., Mount Diablo Meridian. 
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•S 254 RS

1 (d) EASEMENT.—At the time of the conveyance 

2 under subsection (b), subject to subsection (e)(2), the Sec3 retary shall grant the county an easement allowing access 

4 for persons desiring to visit the cemetery and other ceme5 tery purposes over an appropriate access route consistent 

6 with current access. 

7 (e) CONDITION ON USE OF LAND.— 

8 (1) IN GENERAL.—The county (including its 

9 successors) shall continue the use of the parcel con10 veyed under subsection (b) as a cemetery. 

11 (2) REVERSION.—If the Secretary, after notice 

12 to the county and an opportunity for a hearing, 

13 makes a finding that the county has used or per14 mitted the use of the parcel for any purpose other 

15 than the purpose specified in paragraph (1), and the 

16 county fails to discontinue that use— 

17 (A) title to the parcel shall revert to the 

18 Secretary, to be administered by the Secretary; 

19 and 

20 (B) the easement granted to the county 

21 under subsection (d) shall be revoked. 

22 (3) WAIVER.—The Secretary may waive the ap23 plication of subparagraph (A) or (B) of paragraph 

24 (2) if the Secretary determines that a waiver would 

25 be in the best interests of the United States. 

Calendar No. 23 

109TH CONGRESS 

1ST SESSION S. 254 

[Report No. 109–12] 

A BILL

To direct the Secretary of Agriculture to convey 

cemeteries. to Eureka County, Nevada, for continued use as Secretary of the Interior to convey certain land certain land to Lander County, Nevada, and the 

FEBRUARY 23, 2005 

Reported without amendment