PUBLIC LAW 109–46—AUG. 2, 2005

NEVADA LAND CONVEYANCE

119 STAT. 448 PUBLIC LAW 109–46—AUG. 2, 2005

Public Law 109–46

109th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA.

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

(1) The historical use by settlers and travelers since the

late 1800’s of the cemetery known as ‘‘Kingston Cemetery’’

in Kingston, Nevada, predates incorporation of the land within

the jurisdiction of the Forest Service on which the cemetery

is situated.

(2) It is appropriate that use be continued through local

public ownership of the parcel rather than through the permitting process of the Federal agency.

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

known as the ‘‘Townsite Act’’; 16 U.S.C. 478a), the Forest

Service has conveyed to the Town of Kingston 1.25 acres of

the land on which historic gravesites have been identified.

(4) To ensure that all areas that may have unmarked

gravesites are included, and to ensure the availability of adequate gravesite space in future years, an additional parcel

consisting of approximately 8.75 acres should be conveyed to

the county so as to include the total amount of the acreage

included in the original permit issued by the Forest Service

for the cemetery.

(b) CONVEYANCE ON CONDITION SUBSEQUENT.—Subject to valid

existing rights and the condition stated in subsection (e), the Secretary of Agriculture, acting through the Chief of the Forest Service

(referred to in this section as the ‘‘Secretary’’), not later than 90

days after the date of enactment of this Act, shall convey to Lander

County, Nevada (referred to in this section as the ‘‘county’’), for

no consideration, all right, title, and interest of the United States

in and to the parcel of land described in subsection (c).

(c) DESCRIPTION OF LAND.—The parcel of land referred to in

subsection (b) is the parcel of National Forest System land

(including any improvements on the land) known as ‘‘Kingston

Cemetery’’, consisting of approximately 10 acres and more particularly described as SW1/4SE1/4SE1/4 of section 36, T. 16N., R.

43E., Mount Diablo Meridian.

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

(b), subject to subsection (e)(2), the Secretary shall grant the county

Deadline.

Aug. 2, 2005

[H.R. 541]

PUBLIC LAW 109–46—AUG. 2, 2005 119 STAT. 449

an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over Forest Development Road

#20307B, notwithstanding any future closing of the road for other

use.

(e) CONDITION ON USE OF LAND.—

(1) IN GENERAL.—The county (including its successors) shall

continue the use of the parcel conveyed under subsection (b)

as a cemetery.

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

and an opportunity for a hearing, makes a finding that the

county has used or permitted the use of the parcel for any

purpose other than the purpose specified in paragraph (1),

and the county fails to discontinue that use—

(A) title to the parcel shall revert to the United States

to be administered by the Secretary; and

(B) the easement granted to the county under subsection (d) shall be revoked.

(3) WAIVER.—The Secretary may waive the application of

paragraph (2)(A) or (2)(B) if the Secretary determines that

such a waiver would be in the best interests of the United

States.

SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA.

(a) FINDINGS.—Congress finds the following:

(1) The historical use by settlers and travelers since the

late 1800s of the cemetery known as ‘‘Maiden’s Grave Cemetery’’ in Beowawe, Nevada, predates incorporation of the land

within the jurisdiction of the Bureau of Land Management

on which the cemetery is situated.

(2) It is appropriate that such use be continued through

local public ownership of the parcel rather than through the

permitting process of the Federal agency.

(b) CONVEYANCE ON CONDITION SUBSEQUENT.—Subject to valid

existing rights and the condition stated in subsection (e), the Secretary of the Interior, acting through the Director of the Bureau

of Land Management (referred to in this section as the ‘‘Secretary’’),

not later than 90 days after the date of enactment of this Act,

shall convey to Eureka County, Nevada (referred to in this section

as the ‘‘county’’), for no consideration, all right, title, and interest

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

subsection (c).

(c) DESCRIPTION OF LAND.—The parcel of land referred to in

subsection (b) is the parcel of public land (including any improvements on the land) known as ‘‘Maiden’s Grave Cemetery’’, consisting

of approximately 10 acres and more particularly described as S1/

2NE1/4SW1/4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N.,

R.49E., Mount Diablo Meridian.

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

(b), subject to subsection (e)(2), the Secretary shall grant the county

an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over an appropriate access route

consistent with current access.

(e) CONDITION ON USE OF LAND.—

(1) IN GENERAL.—The county (including its successors) shall

continue the use of the parcel conveyed under subsection (b)

as a cemetery.

Deadline.

119 STAT. 450 PUBLIC LAW 109–46—AUG. 2, 2005

LEGISLATIVE HISTORY—H.R. 541 (S. 254):

SENATE REPORTS: No. 109–12 accompanying S. 254 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Apr. 12, considered and passed House.

July 26, considered and passed Senate.

Æ

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

and an opportunity for a hearing, makes a finding that the

county has used or permitted the use of the parcel for any

purpose other than the purpose specified in paragraph (1),

and the county fails to discontinue that use—

(A) title to the parcel shall revert to the United States

to be administered by the Secretary; and

(B) the easement granted to the county under subsection (d) shall be revoked.

(3) WAIVER.—The Secretary may waive the application of

paragraph (2)(A) or (2)(B) if the Secretary determines that

such a waiver would be in the best interests of the United

States.

Approved August 2, 2005.