IB 

Union Calendar No. 83

108TH CONGRESS 

1ST SESSION H. R. 272

[Report No. 108–166] 

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 HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. GIBBONS introduced the following bill; which was referred to the 

Committee on Resources 

JUNE 19, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 8, 2003] 

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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1 SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA. 

2 (a) FINDINGS.—Congress finds that the following: 

3 (1) The historical use by settlers and travelers 

4 since the late 1800’s of the cemetery known as ‘‘King5 ston Cemetery’’ in Kingston, Nevada, predates incor6 poration of the land within the jurisdiction of the 

7 Forest Service on which the cemetery is situated. 

8 (2) It is appropriate that that use be continued 

9 through local public ownership of the parcel rather 

10 than through the permitting process of the Federal 

11 agency. 

12 (3) In accordance with Public Law 85–569 

13 (commonly known as the ‘‘Townsite Act’’; 16 U.S.C. 

14 478a), the Forest Service has conveyed to the Town of 

15 Kingston 1.25 acres of the land on which historic 

16 gravesites have been identified. 

17 (4) To ensure that all areas that may have un18 marked gravesites are included, and to ensure the 

19 availability of adequate gravesite space in future 

20 years, an additional parcel consisting of approxi21 mately 8.75 acres should be conveyed to the county so 

22 as to include the total amount of the acreage included 

23 in the original permit issued by the Forest Service for 

24 the cemetery. 

25 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—Sub26 ject to valid existing rights and the condition stated in sub-
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1 section (e), the Secretary of Agriculture, acting through the 

2 Chief of the Forest Service (referred to in this section as 

3 the ‘‘Secretary’’), not later than 90 days after the date of 

4 enactment of this Act, shall convey to Lander County, Ne5 vada (referred to in this section as the ‘‘county’’), for no 

6 consideration, all right, title, and interest of the United 

7 States in and to the parcel of land described in subsection 

8 (c). 

9 (c) DESCRIPTION OF LAND.—The parcel of land re10 ferred to in subsection (b) is the parcel of National Forest 

11 System land (including any improvements on the land) 

12 known as ‘‘Kingston Cemetery’’, consisting of approxi13 mately 10 acres and more particularly described as 

SW1⁄4SE1⁄4SE1 14 ⁄4 of section 36, T. 16 N., R. 43 E., Mount 

15 Diablo Meridian. 

16 (d) EASEMENT.—At the time of the conveyance under 

17 subsection (b), subject to subsection (e)(2), the Secretary 

18 shall grant the county an easement allowing access for per19 sons desiring to visit the cemetery and other cemetery pur20 poses over Forest Development Road #20307B, notwith21 standing any future closing of the road for other use. 

22 (e) CONDITION ON USE OF LAND.—

23 (1) IN GENERAL.—The county (including its suc24 cessors) shall continue the use of the parcel conveyed 

25 under subsection (b) as a cemetery. 
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1 (2) REVERSION.—If the Secretary, after notice to 

2 the county and an opportunity for a hearing, makes 

3 a finding that the county has used or permitted the 

4 use of the parcel for any purpose other than the pur5 pose specified in paragraph (1), and the county fails 

6 to discontinue that use—

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

8 United States to be administered by the Sec9 retary; 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 paragraph (2)(A) or (2)(B) if the Sec14 retary determines that such a waiver would be in the 

15 best interests of the United States. 

16 SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) The historical use by settlers and travelers 

19 since the late 1800s of the cemetery known as ‘‘Maid20 en’s Grave Cemetery’’ in Beowawe, Nevada, predates 

21 incorporation of the land within the jurisdiction of 

22 the Bureau of Land Management on which the ceme23 tery is situated. 

24 (2) It is appropriate that such 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.—Sub4 ject to valid existing rights and the condition stated in sub5 section (e), the Secretary of the Interior, acting through the 

6 Director of the Bureau of Land Management (referred to 

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

8 after the date of enactment of this Act, shall convey to Eure9 ka County, Nevada (referred to in this section as the ‘‘coun10 ty’’), for no consideration, all right, title, and interest of 

11 the United States in and to the parcel of land described 

12 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 acres 

and more particularly described as S1⁄2NE1⁄4SW1⁄4SW1 17 ⁄4, 

N1⁄2SE1⁄4SW1⁄4SW1 18 ⁄4 of section 10, T. 31 N., R. 49 E., 

19 Mount Diablo Meridian. 

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

21 subsection (b), subject to subsection (e)(2), the Secretary 

22 shall grant the county an easement allowing access for per23 sons desiring to visit the cemetery and other cemetery pur24 poses over an appropriate access route consistent with cur25 rent access. 
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1 (e) CONDITION ON USE OF LAND.—

2 (1) IN GENERAL.—The county (including its suc3 cessors) shall continue the use of the parcel conveyed 

4 under subsection (b) as a cemetery. 

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

6 the county and an opportunity for a hearing, makes 

7 a finding that the county has used or permitted the 

8 use of the parcel for any purpose other than the pur9 pose specified in paragraph (1), and the county fails 

10 to discontinue that use—

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

12 United States to be administered by the Sec13 retary; 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 paragraph (2)(A) or (2)(B) if the Sec18 retary determines that such a waiver would be in the 

19 best interests of the United States. 

Union Calendar No. 83

108TH CONGRESS 

1ST SESSION H. R. 272

[Report No. 108–166] 

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. 

JUNE 19, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed