I

106TH CONGRESS

2D SESSION H. R. 4929

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

County, Nevada, for continued use as a cemetery.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 2000

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

Committee on Resources

A BILL

To direct the Secretary of Agriculture to convey certain

land to Lander County, Nevada, for continued use as

a cemetery.

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

3 SECTION 1. FINDINGS.

4 Congress finds that—

5 (1) the historical use by settlers and travelers

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

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

8 incorporation of the land on which the cemetery is

9 situated within the jurisdiction of the Forest Service;
2

•HR 4929 IH

1 (2) it is appropriate that the use of the parcel

2 as a cemetery be continued through local public own3 ership of the parcel rather than through the permit4 ting process of the Federal agency; and

5 (3) to ensure that all areas that may have un6 marked gravesites are included and to ensure the

7 availability of adequate gravesite space in future

8 years, a parcel of approximately 10 acres, the acre9 age included in the original permit issued by the

10 Forest Service for the cemetery, should be conveyed

11 for that purpose.

12 SEC. 2. CONVEYANCE OF CEMETERY ON PUBLIC LANDS TO

13 LANDER COUNTY, NEVADA.

14 (a) CONVEYANCE.—Notwithstanding any other provi15 sion of law, the Secretary of Agriculture, acting through

16 the Chief of the Forest Service (referred to in this section

17 as the ‘‘Secretary’’), simultaneously with or as soon as

18 practicable after the conveyance of the core parcel under

19 subsection (b), shall convey, without consideration, subject

20 to valid existing rights, to Lander County, Nevada (re21 ferred to in this section as the ‘‘county’’), all right, title,

22 and interest of the United States in and to the remaining

23 parcel of the land described in subsection (c).

24 (b) CONVEYANCE OF CORE PARCEL.—The making of

25 the conveyance under subsection (a) is contingent on the
3

•HR 4929 IH

1 making of a conveyance, under Public Law 85–569 (com2 monly known as the ‘‘Townsite Act’’; 7 U.S.C. 1012a; 16

3 U.S.C. 478a), of 1.25 acres of the land described in sub4 section (c) in which gravesites have been identified.

5 (c) DESCRIPTION OF LAND.—The parcel of land re6 ferred to in subsection (a) is the parcel of National Forest

7 System land (including any improvements on the land)

8 known as ‘‘Kingston Cemetery,’’ consisting of approxi9 mately 10 acres and more particularly described as SW1/

10 4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Dia11 blo Meridian.

12 (d) USE OF LAND.—

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

14 successors) shall continue the use of the parcel con15 veyed under subsection (a) as a cemetery.

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

17 to the county and an opportunity for a hearing,

18 makes a finding that the county has discontinued

19 the use of the parcel conveyed under subsection (a)

20 as a cemetery, title to the parcel shall revert to the

21 Secretary.

22 (e) ACCESS.—At the time of the conveyance under

23 subsection (a), the Secretary shall grant the county an

24 easement granting access for persons desiring to visit the

25 cemetery and other cemetery purposes over Forest Devel-
4

•HR 4929 IH

1 opment Road #20307B, notwithstanding any future clos2 ing of the road for other use.

Æ