II 

109TH CONGRESS 

1ST SESSION S. 254 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Cemeteries Act’’. 

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

7 (a) FINDINGS.—Congress finds that— 
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1 (1) the historical use by settlers and travelers 

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

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

4 incorporation of the land within the jurisdiction of 

5 the Forest Service on which the cemetery is situated; 

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

7 through local public ownership of the parcel rather 

8 than through the permitting process of the Federal 

9 agency; 

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

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

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

13 the Town of Kingston 1.25 acres of the land on 

14 which historic gravesites have been identified; and 

15 (4) to ensure that all areas that may have un16 marked gravesites are included, and to ensure the 

17 availability of adequate gravesite space in future 

18 years, an additional parcel consisting of approxi19 mately 8.75 acres should be conveyed to the county 

20 so as to include the total amount of the acreage in21 cluded in the original permit issued by the Forest 

22 Service for the cemetery. 

23 (b) CONVEYANCE ON CONDITION SUBSEQUENT.— 

24 Subject to valid existing rights and the condition stated 

25 in subsection (e), the Secretary of Agriculture, acting 
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1 through the Chief of the Forest Service (referred to in 

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

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

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

5 ‘‘county’’), for no consideration, all right, title, and inter6 est of the United States in and to the parcel of land de7 scribed in subsection (c). 

8 (c) DESCRIPTION OF LAND.—The parcel of land re9 ferred to in subsection (b) is the parcel of National Forest 

10 System land (including any improvements on the land) 

11 known as ‘‘Kingston Cemetery’’, consisting of approxi12 mately 10 acres and more particularly described as 

SW1⁄4SE1⁄4SE1 13 ⁄4 of section 36, T. 16N., R. 43E., Mount 

14 Diablo Meridian. 

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

16 under subsection (b), subject to subsection (e)(2), the Sec17 retary shall grant the county an easement allowing access 

18 for persons desiring to visit the cemetery and other ceme19 tery purposes over Forest Development Road #20307B, 

20 notwithstanding any future closing of the road for other 

21 use. 

22 (e) CONDITION ON USE OF LAND.— 

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

24 successors) shall continue the use of the parcel con25 veyed under subsection (b) as a cemetery. 
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1 (2) REVERSION.—If the Secretary, after notice 

2 to the county and an opportunity for a hearing, 

3 makes a finding that the county has used or per4 mitted the use of the parcel for any purpose other 

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

6 county fails to discontinue that use— 

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

8 Secretary, to be administered by the Secretary; 

9 and 

10 (B) the easement granted to the county 

11 under subsection (d) shall be revoked. 

12 (3) WAIVER.—The Secretary may waive the ap13 plication of subparagraph (A) or (B) of paragraph 

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

15 be in the best interests of the United States. 

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

17 (a) FINDINGS.—Congress finds that— 

18 (1) the historical use by settlers and travelers 

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

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

21 predates incorporation of the land within the juris22 diction of the Bureau of Land Management on 

23 which the cemetery is situated; and 

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

25 through local public ownership of the parcel rather 
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1 than through the permitting process of the Federal 

2 agency. 

3 (b) CONVEYANCE ON CONDITION SUBSEQUENT.— 

4 Subject to valid existing rights and the condition stated 

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

6 through the Director of the Bureau of Land Management 

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

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

9 convey to Eureka County, Nevada (referred to in this sec10 tion as the ‘‘county’’), for no consideration, all right, title, 

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

12 land described in subsection (c). 

13 (c) DESCRIPTION OF LAND.—The parcel of land re14 ferred to in subsection (b) is the parcel of public land (in15 cluding any improvements on the land) known as ‘‘Maid16 en’s Grave Cemetery’’, consisting of approximately 10 

17 acres and more particularly described as 

S1⁄2NE1⁄4SW1⁄4SW1⁄4, N1⁄2SE1⁄4SW1⁄4SW1 18 ⁄4 of section 10, 

19 T.31N., R.49E., Mount 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 an appropriate access route consistent 

25 with current access. 
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1 (e) CONDITION ON USE OF LAND.— 

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

3 successors) shall continue the use of the parcel con4 veyed under subsection (b) as a cemetery. 

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

6 to the county and an opportunity for a hearing, 

7 makes a finding that the county has used or per8 mitted the use of the parcel for any purpose other 

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

10 county fails to discontinue that use— 

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

12 Secretary, to be administered by the Secretary; 

13 and 

14 (B) the easement granted to the county 

15 under subsection (d) shall be revoked. 

16 (3) WAIVER.—The Secretary may waive the ap17 plication of subparagraph (A) or (B) of paragraph 

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

19 be in the best interests of the United States. 

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